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Consumer and Small Business Bankruptcy 2010 (Groupcast Location)

by Practising Law Institute - 02/17/2010
 
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Event Period: 03/03/2010
Event Location:
 
Co-Sponsored by Massachusetts CLE

Attendees in Boston will be seeing the live broadcast from New York City at the conveniently located offices of Massachusetts CLE, 10 Winter Place, Boston, Massachusetts. Remote Location participants will receive all course materials.

Why You Should Attend

The unprecedented scope of the credit crisis and recession has positioned consumer bankruptcy lawyers as the solution for millions of individuals and small businesses facing financial difficulties. This program will address the strategies and legal issues that face consumer bankruptcy lawyers. The program will cover: the pros and cons of filing under the various chapters of the Bankruptcy Code available to consumers and small businesses; legal and practical aspects of filing; nuts-and-bolts issues of consumer bankruptcy law; and a discussion of recent cases and new legislation in this area. The United States Trustee's Office will also present its perspective.

What You Will Learn

Whether a bankruptcy filing is appropriate and, if so, under which chapter
Debtor eligibility and means testing
Fundamentals of consumer bankruptcy law including: exemptions, 341 meeting, discharge and non-dischargeability issues
Filing to confirmation in a small business bankruptcy case
Creditor issues in consumer and small business bankruptcy cases
Post-BAPCPA case law and new legislation

Who Should Attend

This program is designed for all attorneys practicing consumer and small business bankruptcy law who represent individuals and small businesses in Chapters 7, 11, 13 as well as those counseling in the pre-bankruptcy period.

Special Bonus to all Registrants

All attendees receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
Schedule

Morning Session 9:00 a.m. - 12:30 p.m.

9:00 Opening Remarks and Introduction

9:15 Chapter Selection/Eligibility/Means Testing

Qualifications for filing cases under Chapters 7, 11 and 13
Comparison of the benefits and burdens of Chapters 7, 11 and 13
Review of the applicability of the “means test” under Chapters 7, 11 and 13
Norma E. Ortiz

10:15 Exemptions

Overview: which exemptions apply; exemptions v. property of estate exclusions
New York State exemptions
Pre-bankruptcy exemption planning
Surcharging exemptions
Objections, amendments and timing
Gregory Messer

11:15 Break

11:30 Small Business Bankruptcy

Eligibility for filing as a small business case
Reporting requirements and deadlines
Cash collateral, lease assumption and Chapter 11 issues
Plan and disclosure statement
Bruce Weiner

12:30 Lunch

Afternoon Session 1:45 p.m. - 5:00 p.m.

1:45 Creditor Issues


Filing discharge and non-dischargeability complaints
Filing proofs of claim
Discovery: participating in 341 meetings; conducting 2004 examinations; depositions
Effects of filing: automatic stay, tolling of statute of limitations
Insider creditor issues
Marianne T. O’Toole

2:45 U.S. Trustee Issues/341 Meetings

United States Trustee’s perspective:
- Consumer debtors and Section 707(b): Chapter 13 v. Chapter 7
- Representing the small business debtor in Chapter 11
Chapter 7 Trustee’s perspective:
- Getting the 341 meeting right - preparation, attendance and follow-up
Debtor’s counsel perspective:
- Attorney and debtor preparation for the 341 meeting
Gabriel Del Virginia, Lori Lapin Jones, Alicia M. Leonhard

3:45 Break

4:00 Post-BAPCPA Case Roundup

Selected post-BAPCPA Circuit Court of Appeals decisions
Other significant post-BAPCPA decisions
Legislative developments
Ronald J. Friedman

5:00 Adjourn

Faculty

Co-Chair(s)

Gabriel Del Virginia, Law Offices of Gabriel Del Virginia
Lori Lapin Jones, Lori Lapin Jones PLLC

Speaker(s)

Ronald J. Friedman, Silverman Acampora LLP
Alicia M. Leonhard, Assistant U.S. Trustee, U.S. Department of Justice, Office of the United States Trustee
Gregory Messer, Law Office of Gregory Messer
Marianne T. O'Toole, Marianne T. O'Toole LLC
Norma E. Ortiz, Ortiz & Ortiz LLP
Hon. Elizabeth S. Stong, U.S. Bankruptcy Court, Eastern District of New York
Bruce Weiner, Rosenberg, Musso & Weiner LLP

Program Attorney(s)

Seema Lal Meehan, Program Attorney, Practising Law Institute

CLE Credit

PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state for details.

Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Travel Information

Boston Remote Location

Massachusetts CLE, 10 Winter Place, Boston, Massachusetts 02100. (617) 350-7006.

Calculate Credits
State: AL AK AR AZ CA CO CT DC DE FL GA HI IA ID IL IN KS KY LA MA MD ME MI MN MO MS MT NC ND NE NH NJ NM NV NY OH OK OR PA PR RI SC SD TN TX UT VI VA VT WA WI WV WY CLE-NY Credits
Credit Status: Approved
Transitional: No
Total Credits: 7.00
Professional Practice: 7.00

CPE Credits
Credit Status: Approved
Total Credits: 2.00
Specialized Knowledge and Application: 2.00
 
More Details: http://www.pli.edu/product/seminar_detail.asp?id=68547
 

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