Bankruptcy 101: Chapter 7 and 13 Nuts and Bolts Recording Package

What You Will Learn

Part I: August 11th

Introduction

• Overview of bankruptcy court
• Resources available on court website
• CM/ECF Issues
• Motion Practice
  • Notice and service rules
  • Contested matters
  • Ex parte motions
• Adversary Proceedings
• Appeals
• Ethical Issues
  • Ex Parte communications
  • Sanctions
  • Employment and fees

Debtor’s Representation, Chapter 7

• The concept of Chapter 7
• Counsel’s “Toolkit”
• Pre-petition information gathering process
  • Identification of the Debtor (Social Security; Driver’s License)
  • Information and documents for the petition, schedules, and statements
  • Income, expenses, and Means Test
  • Assets to be listed; valuation and exemptions
  • Creditors to be listed
  • Credit counseling certificate pre-filing requirement & pre-discharge Financial education requirement
• Filing and its effect; the Automatic Stay
• Interaction with Chapter 7 trustee and US trustee
• How to Prepare for the 341 meeting
• What happens at the 341 Meeting of Creditors with the Chapter 7 Trustee
• Objection to Exemptions by the Trustee
• Negotiations with the Trustee for purchase of non-exempt assets
• 60-day deadline for discharge complaints
  • Section 523
  • Adversary Proceedings
• Issuance and Effect of the Discharge Order
• Treatment of types of claims:
  • Secured claims
    • Foreclosure/Stay Relief
    • Reaffirmations
    • Surrender
    • Redeem
  • Unsecured claims
  • Non-dischargeable claims
    • Student Loans
    • Some Taxes

Role of the Trustee in Chapter 7 Proceedings

• Overview
• Preparing for the Sec 341 Meeting of Creditors
• Liquidation of Assets
• Objections to Exemptions, Discharge and Abusive Filings
• Why Can’t We Just Get Along?

Part II: August 13^th

Chapter 13

• Overview
  • Definition
  • Who qualifies as debtor/eligibility requirements
  • Benefits/reasons to file
• Client Responsibilities and Information
  • Income and expense information
    • Tax return
    • Income proof
    • Bank statements
  • Asset information and valuation
  • Debtor information
  • Pre-filing credit counseling
• Drafting Plan, Schedules and Statements, Means Test
• Filing Documents/Paying Court Filing Fee
• Getting Attorney Fees Paid
  • No-look fee
  • Fees at hourly rate — fee application
  • Local Bankruptcy Rule 2016-1
• Section 341 Meeting
  • Pre-meeting requirements — e-mail documents to Trustee
  • ID/SSN proof
  • What happens at meeting
• Plan Confirmation Issues
• Role of Chapter 13 Trustee
• Post-Confirmation Issues
• Debtor Financial Education
• Completion of Plan and Discharge

Creditor’s Representation, Chapters 7 and 13

• Overview of Creditor’s Rights
  • Chapter 7 (liquidation)
  • Chapter 13, 11, 12 (reorganization)
• Chapter 13 Plan Treatment
  • Proof of Claim
  • Rule 3002.1 (Payment Change Notices, Post-Petition Fees)
  • Conduit vs. Non-Conduit
    • Cure and Maintain
  • Cram Down and Claim Valuation
  • Mortgage Modification Mediation
• Automatic Stay
  • Termination of Automatic Stay
  • Consecutive Filers
• Rights of Creditors in Special Situations
  • Sales Free and Clear of Liens
  • Termination of the Automatic Stay
• Chapter 11
• Special Circumstances
  • Judgment Lien Avoidance
  • Exceptions/Objections to Discharge
  • Dismissal and Conversion

Testimonials

“The presenters were extremely competent and clear. I am new to bankruptcy and this CLE really laid the foundation for this practice area from both the debtor’s attorney perspective and that of the bankruptcy trustee.” – Heather Ramirez, Esq.

“Very helpful, useful information. Great presentation.” – Leslie Nelson, Esq.

“Great program.” – Darryl White, Esq.

“Very informative and concise. Great handout and clear explanation of the Bankruptcy protocols.” – Elena M. Alvarez, Esq.

“Very informative.” – Felix G. Poggemann, Esq.

“This was a great concise crash course into bankruptcy.” –  Robert Pelletier, Esq.

“Good program. Very satisfied.” – Elena M. Alvarez, Esq.

“Both speakers today were excellent. Was looking for strong refresher course — this is it.”

“It was good. Nice materials. Speakers were personable. I feel like I learned a lot. I also learned where to go for more information. Also gave guidance on several types of fraudulent transfers that I would not have thought to ask about. Materials were very helpful as well as the cites to the code to get more information.”

“The content was helpful.” – Belen Maria Carrubba-Fuentes, Esq.

“I thought this was really informative without being too overwhelming for someone new to bankruptcy.  The handout is very helpful and I really appreciate all the supplements and resources included in the handout.”

“It was amazing.”

“Very helpful primer to chapter 7.”

“Great overview.”

“The content was exactly what I was looking for.”

“Very informative.”

“Very informative and gave good practice tips.”

“Kelly Roberts was a personable, engaging speaker. Knew her materials. Relayed the information in relatable way. While on a slide, she told us where the examples were in the appendix also gave info where to go from there.”

“The speakers were informative.”

“Scott Brown was very knowledgeable with great practical experience; really appreciated getting a trustee’s perspective.”

“Speakers were clear and concise.”

“Great!”

“The topic is relevant to the work I do and I was very pleased to see an intro course. Thank you!”

“I like that Kelley Roberts gave ample resources that are available and talked about how to get involved in the field of practice. She was very thorough.  Scott Brown’s content presented was very helpful and easy to understand, even for a first timer.”

“This was really good, and I have learned a lot of useful information. I have learned several things that I didn’t know.”

“Nicole is experienced, articulate, and clearly an expert practitioner. It came through in her presentation style.”

“Kelly was informative and kept my attention. She explained everything really well and in a way that made sense. I appreciated the examples she incorporated throughout her presentation. Scott is knowledgeable and added many helpful examples throughout his presentation. It was good to hear a trustee’s perspective and gain insight into how he approaches debtors.”

“Very good.”

“Very good and helpful information.”

“Speakers were very good.”

“Great job from the speakers.”

Faculty

Erin K. Brignola, Esq.
Of Counsel
Cooper Levenson

Located in our Bear, Delaware office, Erin K. Brignola serves as "Of Counsel" in the firm’s Bankruptcy Practice Group. Although her work focuses on consumer bankruptcy, Erin brings a practical knowledge of the interrelationship between bankruptcy law and other legal areas such as family law, real estate law, and the drafting of wills.

A member of the National Association of Consumer Bankruptcy Attorneys, Erin has over 25 years of legal experience. She has lectured for the National Business Institute, the Delaware State Bar Association, the Delaware Volunteer Legal Service, the People’s Law School, the American Bar Association and the National School for Paralegal Studies.

Erin is a graduate of Mount St. Mary’s College with a degree in Accounting (B.S., 1985). Erin graduated from Widener – Delaware Law School (J.D., 1988). Erin was admitted to the Supreme Court of Pennsylvania in June 1989 and the Supreme Court of Delaware in December 1989. She is also admitted, since 1989, in The United States District Court for Pennsylvania, practicing in both the Eastern District and the Middle District, as well as the United States District Court of the State of Delaware from January 1990. Erin serves the American Bankruptcy Inn of Court as a Master and a Mentor, and on the United States Bankruptcy Chief Judge’s Pro Se Bankruptcy Initiative Panel as a Board member.

As a practical service to her clients, she is a title officer and handles real estate closings; Erin also provides documents for elder law protection including wills, simple trusts, power of attorney documents and advanced health care directives.

Scott N. Brown, Esq.
Partner
Bast Amron Attorneys

Scott N. Brown is a Chamber USA ranked partner of the firm and panel Trustee. Scott is considered a thought leader in the industry and has been practicing in the bankruptcy/insolvency field for 17 years. Scott concentrates his practice on court-appointed fiduciary representation, creditor’s rights, complex bankruptcy litigation and business reorganization.

Scott has been a Chapter 7 Panel Trustee in the Southern District of Florida since 2011 and has served as a trustee in numerous multimillion-dollar bankruptcies. Scott also routinely serves in a variety of other fiduciary roles including as Chapter 11 trustee, Examiner, and Receiver, and has also served as a mediator in multiple bankruptcy disputes. In addition, Scott routinely represents other trustees, assignees, and receivers.

Scott is active in various industry and community organizations; he currently serves on the Board of the National Association of Bankruptcy Trustees (NABT) and is a past president of the Bankruptcy Bar Association of the Southern District of Florida.

Scott frequently serves as a speaker for various professional groups.

Jeffrey S. Fraser, Esq.
Partner
A | Law

Jeffrey Fraser is a Bankruptcy attorney at ALAW and focuses his attention on representing secured lenders and assuring that such creditors’ interests are protected in Chapters 7, 11, and 13. In his practice, Jeffrey handles contested litigation, including, but not limited to: valuation hearings, adversary proceedings, sanction hearings, and any and all other disputed matters in the bankruptcy court. Further; recognizing the importance of collaborative lawyering, Jeffrey has also been an active participant in Florida’s Mortgage Modification Mediation Program (“MMM”); wherein Jeffrey represents Lenders (in a less adversarial capacity) in attempting to afford Debtors the most meaningful loan modification review possible. In such capacity, Jeffrey has also served as a panelist with a standing Chapter 13 Trustee, along with a Southern District of Florida Judge, on a Continuing Legal Education (CLE) panel discussing the merits of the MMM Program.

Demonstrating his belief that lawyers are public servants, Jeffrey is also dedicated to his local community, as he is the most recent President of the Jamaican-American Bar Association. In such capacity, Jeffrey has helped this organization create mentorship relationships with local law students and organized bankruptcy and foreclosure workshops for the South Florida community.

Jeffrey graduated from The University of Miami in 2007 and earned his JD from the University of Miami in 2010. He began his career at ALAW in 2013.

Jeffrey was selected by Super Lawyers to the Florida Rising Stars for 2019 and 2020.  After more than six years of service and an exceptional record, he has been selected to this premiere list for the second year in a row. This list is an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Florida receive this distinction.

Nicole Mariani Noel, Esq.
Shareholder
Kass Shuler, P.A.

Nicole Mariani Noel is a Shareholder at Kass Shuler, PA., where she has been practicing in the fields of Bankruptcy, Creditors’ Rights and Insolvency, Real Estate, Consumer and Business Litigation since 2009. Ms. Noel heads the Bankruptcy practice group for the firm and handles cases throughout the State of Florida, including the Northern, Middle and Southern Districts.

Her membership includes the American Bankruptcy Institute, The Florida State Alumni Real Estate Network, Tampa Bay Bankruptcy Bar Association (TBBBA), The Florida Bar, and the American Legal and Financial Network. Ms. Noel CoChairs the Bankruptcy Practice Group for the American Legal and Financial Network (ALFN) and formerly CoChaired the Case Law Update Subcommittee for the Real Property Finance and Lending Committee of the RPPTL Section of the Florida Bar. Most recently, Ms. Noel joined the Board of Directors for the Tampa Bay Bankruptcy Bar Association and Chaired the Pro Bono and Community Service Committee and later served as the Editor for The Cramdown, the quarterly publication of the TBBBA.

Her published work includes Was Brown a Rash Decision? (The Cramdown, Summer 2014); Incompatible Personalities: Investigating the Mutually Exclusive Nature of § 1322(b)(2), (5) (ABI Journal, November 2012) and Stripping Down Your Spouse: Tenancy by the Entirety Property Ownership under § 506 (ABI YLC Newsletter, September 2012).

Ms. Noel is active in the community and frequently volunteers her time to speak at local Universities on topics which include ethical concerns facing young attorneys, time management, and first year law practice pointers.

Ms. Noel is an adjunct professor at St. Petersburg College teaching Bankruptcy and Civil Litigation. She participated in the 2016 NextGeneration program held by the Bankruptcy Judges during the National Conference of Bankruptcy Judges (NCBJ). Ms. Noel was honored to become a Fellow for the Florida Bar Leadership Academy. She has also been named one of ALFN’s Junior Professionals and Executives Group (JPEG)’s stand-out young professional to watch in 2016.

She received her undergraduate degree from The Florida State University and her Juris Doctor and Masters of Business Administration degrees from Stetson University College of Law and Stetson University School of Business Administration.

Kelly Roberts, Esq.
Founder
Roberts Law, PLLC

Kelly Roberts practices primarily consumer bankruptcy with an emphasis on debtor representation. Ms. Roberts has extensive experience and expertise with chapter 7 bankruptcy, chapter 13 bankruptcy, and the Southern District of Florida’s Mortgage Modification Mediation program. 

Ms. Roberts is a routine chapter 13 panelist at the different Bankruptcy Basics and Beyond programs presented by Put Something Back and the Dade County Bar Association. She is a member of the steering committee and presenter at the annual University of Miami Bankruptcy Skills Workshop. Ms. Roberts is also a frequent guest speaker for clinical and core bankruptcy classes at both the University of Miami School of Law and Florida International University. She is also serves as a mentor for law students taking on their first bankruptcy cases as part of the Eleanor R. Cristol and Judge A. Jay Cristol Bankruptcy Pro Bono Assistance Clinic.

Fees

Audio Recording & Materials Package – CD or Download: $425

Video Recording & Materials Package – CD or Download: $425

Both Audio and Video Recording & Materials Package:

CD or Download: $475

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

*Your discount is automatically applied at check out.

If you purchase both this course and our Chapter 11 program, you can take an extra 10% off with the code BK2020.

CLE Credit

CA General:  This program is approved for 6.0 units of general CLE in California.

FL General:  This program is approved for 7.0 units of general CLE in Florida through 02/28/22

FL Board Certified:  This program is approved for 7.0 Certification Credits in Business Litigation in Florida through 02/28/22

IL General: This program is approved for 6.0 units of general CLE in Illinois through 08/10/22.

WA General:This program is approved for 6.0 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 $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.