Bankruptcy for the Non-Bankruptcy Practitioner – WEB (CA, FL, IL, WA)

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

Bankruptcy practice, like many areas, is a world unto itself.  Litigators who are not bankruptcy practitioners still come in contact with bankruptcy enough – when a defendant files for bankruptcy during litigation or even after judgment is entered – or when a regular business client gets a notice from a bankruptcy court or trustee.  You need to know the basics to represent your client successfully.

This program is a primer for creditors and attorneys representing creditors, some of whom who may end up being creditors in a defendant’s bankruptcy

This program is focused on Creditors and Creditor’s Attorneys.  Check our website under Webinars soon for our program from the debtor’s position.

Bankruptcy for the Non-bankruptcy Attorney, Part I

This program addresses the basics of creditor’s bankruptcy law for attorneys who practice in other arenas.  (It is not a primer on filing bankruptcy cases for debtors; that is a separate program, to be taught by a different instructor.)  The basic principles to be learned are how the bankruptcy filing may affect your case, how to read the bankruptcy notice for valuable information that may assist your client, and how to read the basic bankruptcy documents filed by the debtor in the bankruptcy case.

What you will learn –

  • The immediate impact of bankruptcy on your file
  • The information contained in the initial bankruptcy notice and what it means
  • How to find and review the bankruptcy filings and what you can glean from them
  • What happens if you don’t get a notice of a bankruptcy case

Bankruptcy for the Non-bankruptcy Attorney, Part II

This program builds on top of the knowledge developed in Part I, to allow you to advise a client of the options, rights and risks resulting from a bankruptcy filing.  Based upon the information from the debtor’s filings, this program discusses the various actions that may arise in a bankruptcy case and how to advise your client.

What you will learn –

  • The initial filing issues
    • Identifying the right party
    • Reclamation claim rights
    • Preferential payment analysis
  • Debtor actions in bankruptcy cases
    • Avoiding judgment liens
    • Objections to Proofs of Claim
  • Creditor actions in bankruptcy cases
    • Objections to Discharge
    • Objections to Exemptions

Always popular, program was recorded in 2016.

 

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What You Will Learn

This program is focused on Creditors and Creditor’s Attorneys. Check our website under Webinars soon for our program from the debtor’s position.

Bankruptcy for the Non-bankruptcy Attorney, Part I

This program addresses the basics of creditor’s bankruptcy law for attorneys who practice in other arenas. (It is not a primer on filing bankruptcy cases for debtors; that is a separate program, to be taught by a different instructor.) The basic principles to be learned are how the bankruptcy filing may affect your case, how to read the bankruptcy notice for valuable information that may assist your client, and how to read the basic bankruptcy documents filed by the debtor in the bankruptcy case.

What you will learn –

  • The immediate impact of bankruptcy on your file
  • The information contained in the initial bankruptcy notice and what it means
  • How to find and review the bankruptcy filings and what you can glean from them
  • What happens if you don’t get a notice of a bankruptcy case

Bankruptcy for the Non-bankruptcy Attorney, Part II

This program builds on top of the knowledge developed in Part I, to allow you to advise a client of the options, rights and risks resulting from a bankruptcy filing. Based upon the information from the debtor’s filings, this program discusses the various actions that may arise in a bankruptcy case and how to advise your client.

What you will learn –

  • The initial filing issues
    • Identifying the right party
    • Reclamation claim rights
    • Preferential payment analysis
  • Debtor actions in bankruptcy cases
    • Avoiding judgment liens
    • Objections to Proofs of Claim
  • Creditor actions in bankruptcy cases
    • Objections to Discharge
    • Objections to Exemptions
  • Debtor actions in bankruptcy cases
    • Avoiding judgment liens – Debtor has filed an action to avoid the judgment lien which was obtained for the client; how do you determine if it is a valid objection and what are the option?
    • Objections to Proofs of Claim –  Debtor has objected to the client’s proof of claim in the case; how do you respond to preserve the client’s ability to recover something in the bankruptcy case?
  • Creditor actions in bankruptcy cases
    • Objections to Discharge – Is your client’s claim the type that may survive the bankruptcy and be enforceable even though the debtor gets a discharge?
    • Objections to Exemptions – Has the debtor tried to exempt property that should not be exempted (usually this is the trustee’s issue, but it is something to look for

Testimonials

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

“Mr. Hays did a great job.”

“[Speaker] Very enthusiastic and very knowledgeable! Easy to understand and well-spoken.”

Faculty

James (Beau) W. Hays, Esq.
Partner
Hays Potter & Martin, LLP

James W. (Beau) Hays has acted as lead counsel in litigation matters, specializing in commercial disputes and bankruptcy law for over twenty years. He also has extensive experience in all areas of creditors’ rights, collections, construction law, business law, and civil litigation. He has successfully prosecuted bankruptcy creditors’ cases in all three US District Courts in Georgia and across the country.

Mr. Hays is regularly invited to speak on creditors’ issues, construction law, and bankruptcy for the National Association of Credit Management, the Commercial Law League of America, private clients and industry trade groups. He is regularly an advocate for creditor’s rights at the state and federal level. In 2012 and 2013, he has been a speaker at the National Association of Bankruptcy Trustees’ annual convention, on the topic of hiring outside professionals.  He is an editor for the National Association of Credit Management’s Handbook of Credit and Commercial Laws, focusing on chapters related to materialman’s liens and construction bonds.

Mr. Hays is a Past President of the Commercial Law League of America (CLLA), having served as Recording Secretary of the League, Chair of the Creditors’ Rights Section, and representative to the Board of Governors. In addition to being active in the Bankruptcy Section of CLLA, he is an Associate Member of the National Association of Bankruptcy Trustees. Mr. Hays was a founding member of the Creditors Rights Section of the State Bar of Georgia, and has served as Legislative Liaison for that Section.

Mr. Hays earned his J.D. at the University of North Carolina School of Law, where he was a member of the Holderness Moot Court Bench. He received a B.A. in Political Science at the University of North Carolina at Chapel Hill. He is admitted to practice in Georgia, the U.S. District Court for the Northern, Middle, and Southern Districts of Georgia and the Eastern District of Wisconsin. He is a member of the State Bar of Georgia and has earned the AV Preeminent® peer review rating by Martindale-Hubbell.

A native Atlantan and graduate of Walton High School in Marietta, Georgia, Mr. Hays also serves as counsel for Basset Hound Rescue of Georgia, a non-profit, volunteer effort dedicated to saving abandoned and mistreated basset hounds. A long-time patron of the arts, Mr. Hays recently completed scripts for one-man show and theatre versions of Dickens’ “A Christmas Carol”.


 

Fees

Audio Course and Materials Package – CD or Download: $245

CD: plus $7.50 shipping and, in CA, sales tax.

CLE Credit

 

CA General:  This program is approved for 3.0 units of general CLE in California.

FL General:  This program is approved for 3.5 units of general CLE in Florida through February 16, 2018.

IL General:  This program is approved for 3.0 units of general CLE in Illinois through August 14, 2018.

WA General: This program is approved for 3.0 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 $7.50 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.

$245.00 each

This program addresses the basics of creditor’s bankruptcy law for attorneys who practice in other arenas.  Recorded in 2016.

Clear