*** Bankruptcy Bundle ***

Audio program! (check our CLE Programs page for live versions)

Learn the basics of bankruptcy law with this Pincus Professional Education bankruptcy bundle!

Whether you represent a creditor or a debtor, you’ll learn the essential rules and timelines of bankruptcy court and what a bankruptcy filing means for you and your clients.

Save $589 by ordering the bundle today! The total cost of purchasing each individual seminar separately would be more than $1450.

(Please click on the program link below to learn the details about each individual seminar)

Bankruptcy for the Non-Bankruptcy Attorney Webinar (2020)

Chapter 7 101: An Introduction to the Bankruptcy Code, Rules and Practice (2017) recorded in IL
Or, Bankruptcy 101: Chapter 7 – 13 (2015) recorded in FL

Bankruptcy 101-102: Chapter 11 Essentials and More (2016) recorded in CA
Or, Business Bankruptcy: Chapter 11 Essentials and More (2014) recorded in FL

Chapter 11 Challenges: Going Beyond the Basics (2017)

 

When you order, please select if you wish to get the programs recorded in Illinois & California, or the programs recorded in Florida & California.

Bankruptcy law is federal, so the majority of the information will be the same across both packages.

What You Will Learn

Bankruptcy for the Non-Bankruptcy Attorney Webinar

This webinar is a primer for creditors, attorneys representing creditors, and attorneys who find themselves in a case with a bankrupt party.

(It is not a primer on filing bankruptcy cases for debtors; that is a separate program, to be taught by a different instructor.)

You will learn:

  • how to advise your clients about their options, rights and risks resulting from a counter-party filing bankruptcy
  • how to read the bankruptcy notice
  • how the bankruptcy filing may affect your case
  • how to find potentially useful information buried in the basic bankruptcy documents filed
  • about the various legal actions that may arise as a result of a bankruptcy filing

Chapter 7 101: An Introduction to the Bankruptcy Code, Rules and Practice

  • Introduction to the Bankruptcy Code and Rules/Overview of Bankruptcy Practice
    • Overview of bankruptcy court, code and rules
    • Resources available on court websites
    • Brief explanation of other chapters
    • CM/ECF
    • Pre-filing considerations

    Basics of Chapter 7 and the Means Test

    • Eligibility
    • How a Chapter 7 works – timeline
    • Means Test (with sample)
    • Exempt and non-exempt property
    • Automatic stay
    • 341 meeting
    • Credit counseling
    • Distribution to creditors and discharge

    Conducting the Initial Interview with the Client

    • Intake Interview and Follow-Up Interviews
    • Information gathering

    Conflicts/Ethics

    • Conflicts of Interest
    • Divorce
    • Ethical Hypotheticals

    Managing the Filing Process (and completing the forms)

    • Sample forms, schedules
    • Do’s and Don’ts when filing the petition
    • Pros and cons to electronic filing

    Creditor’s Rights

    • Overview
    • Rights of Creditors in Special Situations

    Trustee’s role

    • Overview
    • 341 meeting (sample – role play)
    • Liquidating assets
    • Objections to exemptions, discharge and e-filings

    Interesting issues/When things go awry

    • Repeat filers
    • Exceptions and objections to discharge
    • Dismissal
    • Conversion

Bankruptcy 101-102: Chapter 11 Essentials and More

Overview

  • Chapter 13
  • Chapter 11

Pre-Bankruptcy Planning

“First Day” and Other Motions

  • Forms
  • Continuation or imposition of the automatic stay for individuals
  • Extension of time to file bankruptcy schedules
  • Employment application
  • Prepetition debts: payroll & taxes & “critical vendors”
  • Cash collateral
  • Budget motion
  • U.S. Trustee
  • Setting deadline to files proofs of claim and/or proofs of interest
  • Loan modification discussions
  • Service/Notice

Typical Issues

  • Monthly operating reports
  • 363 sales
  • Nondischargeability actions
  • Valuation of assets
  • Fee applications
  • U.S. Trustee
  • Avoidance actions & claim objections
  • Creditors committee
  • Unexpired leases & executory contracts
  • Exclusivity

Confirmation & After

  • Voting
  • Cramdown
  • Gerrymandering
  • Absolute priority rule
  • Post-Confirmation
  • Motion to Amend Plan
  • Final decree/closing
  • Discharge

Special Situations

  • Divorce
  • Taxes
  • High tech or entertainment business
  • Single Asset Real Estate (SARE) cases
  • “Small Business” cases
  • Health care
  • Employee benefit plans
  • WARN acts (state & fed) and Obamacare obligations
  • Reclamation claims
  • Food businesses

For a similar Chapter 11 Essentials program recorded in Florida, please click here for more information.

Chapter 11 Challenges: Going Beyond the Basics

The early stuff – retention issues

  • Individual & Business
    • Complex cash collateral issues

Single Asset Real Estate Cases and Dismissal

What’s in the middle stage – Difficulties Before Plan Confirmation

  • Automatic Stay/Stay Relief in “Special” Chapter 11 Situations
  • Assumption/Rejection of Executory Contracts/Unexpired Leases
  • Nuanced 363 sales issues in Chapter 11

The difficulties with Plan Confirmation and Classification of Claims

  • Businesses
    • Classifications and concerns
      • Separate classification of unsecured claims
    • Voting issues
      • Solicitation and balloting
      • Stations Holdings and NII Holdings
      • In re Indianapolis Downs, LLC 
    • Third Party Releases
      • Case law discussion
    • Cramdown Issues
      • Interest Rates – election – how, when to use, oppose
    • Who may object to confirmation
      • Party in Interest, Waiver, Appeals
      • Ineligible to vote

The Unique Differences with an Individual Chapter 11 case

  • Overview and Differences between Individual Chapter 11 Cases and Other Types of Cases
    • Differences between Individual Chapter 11 Cases and Corporate Chapter 11 Cases
      • Disposable Income Requirements
      • Property of the Estate
      • Mortgage Modification Mediation (MMM) and Motions to Value
      • Other Differences
    • Differences between Individual Chapter 11 Cases and Chapter 13 Cases
      • Cash Collateral
      • Voting
      • The Bankruptcy Estate
      • Confirmation Requirements
      • Other Differences
    • Employment issues
      • Representing interests of the Debtor as an individual versus representing interests of the Debtor as a fiduciary of the estate
      • Conflict Issues and Disinterestedness
    • §1115 and use of cash
    • Risk Factors/Issues inherent in Individual Chapter 11 Cases
    • Strategy if faced with an 1111(b) election
    • Plan Drafting Issues
      • Preparing a Plan and Disclosure Statement in an Individual Chapter 11 Case
      • Dealing with Property Taxes, Tax Certificates and other Liens
      • Issues, including Plan treatment concerning Non-dischargeable Association Fees under 523(a)(16)
    • Confirmation Issues
    • Voting issues / Classification of Claims (Unsecured vs. Partially Unsecured Claims)
    • Absolute Priority Rule
      • Absolute Priority Rule post-BAPCPA and Recent Trends
      • Tactics to avoid application of the rule
    • Objections under 1129(a)(15)
    • Finding Affirmative Votes
    • Other Confirmation Issues
  • Post Confirmation Issues
  • Closing the Case
  • Post Confirmation Defaults
  • Timing of Discharge
Post Confirmation Tasks, Issues and Strategies
  • Claim Objections
    • Ivanhoe issues – claims against guarantor debtors/estates
    • Burden shifting issues and sufficiency of claims objections.
    • Whether filing a POC after SOL on the underlying claim expires violates FDCPA
    • Filing POCs for amounts not contemplated under loan documents
    • Considerations with lawyers signing POCs
  • Other Post Confirmation Litigation
    • Fradulent transfers
      • Mere conduit affirmative defense issues
      • Necessity of a “golden creditor”
      • Jurisdictional and Forum Issues that will or may arise
          • related to/non core issues and considerations – finding of facts and conclusions of law
          • state court v. bankruptcy court – number of appeals and other considerations
          • Withdrawal of the reference
          • POC filed v. not filed – jury waiver
    • Preferences
      • Subsequent New Value Defense – whether or not the new value must remain unpaid – should it?  Policy considerations v. 11th Circuit’s view
      • Revival of a debt after preference
        • Tie-ins to third-party releases in plans

Critical Case Law Update – what will impact your client now

 

 

Testimonials

Bankruptcy for the Non-Bankruptcy Attorney Webinar

“5 stars.” – Sophia Miguel, Esq.

“Impressive – Best CLE speaker I’ve encountered in a while.”

“Mr. Hays did a great job.”

“Very enthusiastic and very knowledgeable speaker! Easy to understand and well-spoken.”

“Thank you for the informative seminar.”

Chapter 7 101: An Introduction to the Bankruptcy Code, Rules and Practice

“Even though the course addressed basic and routine matters, I found it very helpful to clarify many current concepts of practical tips…all [of the speakers] were very good and very knowledgeable.” – James A. Pope, Esq.

“The mock creditor’s meeting was very informative and also engaging.” – Jeff Kulinsky, Esq.

“Entertaining and informative.” – Jonathan T. Schlake, Esq.

“All of the speakers had great things to add to the seminar!” – Jackie Laino, Esq.

“Gave a good overview of bankruptcy law.”

“This was a good balance between practice tips and substantive law.”

“I thought it was very informative… The speakers were all good.”

“This is a very good seminar.”

“Exactly what I needed – a broad overview of Chapter 7.”

“The speakers were knowledgeable and engaging.”

“Great practical info.”

Bankruptcy 101-102: Chapter 11 Essentials and More

“Very comprehensive course for beginning Chapter 11 practitioners.” – Marilyn Caston, Esq.

“This was a very organized and informative panel…I definitely learned a lot and have fantastic outlines to refer to later on. All of the speakers were excellent! The materials were great.” – Anne Manalili, Esq.

“Very helpful and informative. Great speakers. [There was a] good mix of information and practical application.” -Erin McCartney, Esq.

“Very good.” – Brad Weil, Esq.

“I thought the material was very good and informative.” – Leslie Klott, Esq.

“Gained some knowledge [on aspects of Bankruptcy practice] I’d never thought about.” – Douglas Klein, Esq.

“Very good.” – Nancy Korompis, Esq.

Faculty

To view the faculty list, please click on the individual program(s) for more information:

Bankruptcy for the Non-Bankruptcy Attorney Webinar (2020)

Chapter 7 101: An Introduction to the Bankruptcy Code, Rules and Practice (2017) recorded in IL
Or, Bankruptcy 101: Chapter 7 – 13 (2015) recorded in FL

Bankruptcy 101-102: Chapter 11 Essentials and More (2016) recorded in CA
Or, Business Bankruptcy: Chapter 11 Essentials and More (2014) recorded in FL

Chapter 11 Challenges: Going Beyond the Basics (2017)

 

When you order, please select if you wish to get the programs recorded in IL/CA, or the programs recorded in FL.

Bankruptcy law is federal, so the majority of the information will be the same across both packages.

Fees

Save $589 by ordering the bundle today!

Audio Course and Material Package – CD or Download: $875 (Reg. $1464)

For CDs please add $8.50 shipping and, in CA, sales tax.

CLE Credit

CA General:  This program is approved for 23.5 units of general CLE in California.
CA Certified Legal Specialist:  This program is approved for 7.5 units of Certified Legal Specialist CLE in California in Bankruptcy Law.

FL General:  This program is approved for 17.5 units of general CLE in Florida.
FL Certification Credits in Business Litigation and Real Estate: This program is approved for 8.5 Certification Credits in Business Litigation and Real Estate through May 31, 2018.

FL CLE note: CLE for the Bankruptcy for the Non-Bankruptcy Attorney Webinar is pending due to Coivd-19 closures affecting the FL Bar. We anticipate the program being approved for approximately 1.5 units.

CLE for some courses has expired in Florida. If you would like CLE credit in Florida, you may email them and request it. Unless there have been changes to the law since the recording, they will generally approve it. They can be reached at: clemail@flabar.org. If you would need any information for your application, or would like us to apply, please let us know.

IL General:  This program is approved for 8.5 units of general CLE in Illinois.
Professional Responsibility: 1.0 units

WA General: This program is approved for 1.5 units of general CLE in Washington.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.

 

Terms and Policies

Recording policy: No audio or video recording of any program is permitted.

Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.

Substitutions may be made at any time.

Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available.  Conversions to CD require a $8.50 shipping fee, and in CA, 9% sales tax.

Downloads/CDs/DVDs – Refund policy:

Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.

Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.

$1,464.00 $875.00 each

Clear