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Advising Distressed Businesses & Business Bankruptcy Cases

Wednesday, November 14, 2012

- Location -
State Bar Center
One Elk Street
Albany, NY 12207
(518) 463-3200

Description

Co-Sponsored by the Bankruptcy Law Committee of the Business Law Section and the Committee on Continuing Legal Education.

We gratefully anknowledge the efforts and assistance of the Capital Region Bankruptcy Bar Association in presenting this program.

7.0 MCLE CREDITS: 6.5 Professional Practice; 0.5 Ethics for all attorneys, including newly admitted (less than 24 months).

NEW! Electronic Online Course Materials Debut this Fall!

Click here for more details! 

Many small businesses unfortunately become unprofitable and distressed, especially in these difficult economic times. These businesses need counsel regarding the options available to them. This basic-to-intermediate level program will address non-bankruptcy options which might be available to troubled businesses, in particular small businesses. The program will also discuss many of the most important subjects the small business will encounter in a bankruptcy case. Attendees need not have any familiarity with bankruptcy law.


Program Agenda

8:30-9:00 a.m.
REGISTRATION (outside meeting room)

9:00-9:30
WORKOUTS/FORBEARANCE AGREEMENTS

9:30-10:10
BANKRUPTCY PLANNING
      • Whether to File
      • Where to File
      • Types of Bankruptcy Cases
            * Chapter 7, 9, 11, 12, 13, 15
            * Involuntary Cases
      • Small Business Cases

10:10-10:25
COFFEE BREAK

10:25-11:00
FIRST DAY MOTIONS
      • Cash Collateral/Borrowing
      • Employee Wages/Benefits
      • Utilities
      • Bank Accounts

11:00-11:30
PROFESSIONAL APPOINTMENT AND COMPENSATION

11:30-12:00 noon
PROPERTY OF BANKRUPTCY ESTATE / AUTOMATIC STAY
      • Avoidance Actions

12:00-1:15 p.m.
LUNCH (on your own)

1:15-1:40
SALES OF ESTATE PROPERTY

1:40-2:15
COMMITTEES / EXAMINERS / TRUSTEES
      • Creditors Committee
      • Equity Security Holders Committee
      • Other Committees
      • Examiners
      • Trustees

2:15-2:40
CLAIMS
      • General Unsecured
      • Priority Unsecured
      • Secured

2:40-2:55
COFFEE/ SOFT DRINK BREAK

2:55-3:30
LEASES / EXECUTORY CONTRACTS
      • Ipso Facto Clauses
      • Assumption/Assignment/Rejection
      • Timing/Deadlines
      • Rejection Issues
      • Claims

3:30-4:00
CONVERSION/DISMISSAL OF CASE

4:00-4:45
PLAN OF REORGANIZATION OR LIQUIDATION
      • Exclusive Periods to File
            * Small Business Case
            * Other Cases
      • Plan Confirmation Requirements
      • Effect of Confirmation
      • Plan Modification

4:45 p.m.
ADJOURNMENT


Program Faculty

Program Planning Co-Chairs

Kevin M. Newman, Esq.
Menter, Rudin & Trivelpiece, P.C.
Syracuse

James S. Carr, Esq.
Kelley Drye & Warren LLP
New York City

Albany Faculty

Kevin M. Newman, Esq. (Chair and Moderator)
Menter, Rudin & Trivelpiece, P.C.
Syracuse

Jonathan D. Deily, Esq.
Deily, Mooney & Glastetter, LLP
Albany

Justin A. Heller, Esq.
Nolan & Heller, LLP
Albany

Paul A. Levine,Esq.
Lemery Greisler LLC
Albany

Hon. Robert E. Littlefield, Jr.
Chief United States Bankruptcy Judge
Northern District of New York
Albany

Kevin M. Newman, Esq.
Menter, Rudin & Trivelpiece, P.C.
Syracuse

Lisa M. Penpraze, Esq.
Assistant United States Trustee
U.S. Department of Justice
Northern District of New York
Albany

Richard L. Weisz, Esq.
Hodgson Russ LLP
Albany

ELECTRONIC COURSE MATERIALS

New this fall!

All program materials will be distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. A CLE NotePad © (paper) will be provided to all attendees at the live program site. The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing.

Prior to a scheduled program date, all registrants will receive an email message containing a hyperlink that when clicked will provide you with access to the complete course materials in a searchable PDF format which can be downloaded to your computer using the “Save As” option under your “File” tab. Printing the complete materials is not required for attending the program. Online materials are updated periodically to reflect last minute submissions from program faculty, guaranteeing that you will always have the latest version of the materials.

Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program.


 

Directions

(FROM NORTH: 87 South to I-90 East (toward Boston), then 787 South to downtown Albany (Clinton Ave exit). Turn left at first light (Broadway), right at State Street and right at Lodge Street. Park at Crowne Plaza Hotel Parking Garage and walk up Pine Street. Turn right onto Eagle Street and continue to corner of Elk and Eagle Streets. State Bar Center is directly across the street.FROM SOUTH: NYS Exit 23 to 787. Exit Rt. 9 North and Rt 20 West, bear right. Turn left at light, right onto Broadway, left onto State Street and right at Lodge Street, where you may park at the Crowne Plaza Hotel Parking Garage. Follow walking directions above.FROM WEST: NYS Thruway Exit 24 to I-90 East (toward Boston). Take 787 South to downtown Albany (Clinton Avenue exit) and follow parking/walking directions above.FROM EAST: I-90 West to 787 South to downtown Albany (Clinton Avenue) and follow parking/walking directions above)

The last day to pre-register online was November 13, 2012.

Members, please login to get member discounts.

Pricing Information for Member
Seminar
0
ALB-Registration $165.00
 

Pricing Information for Non Member
Seminar
0
ALB-Registration $265.00
 

Pricing Information for Student Member
Seminar
0
ALB-Registration $60.00
 

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.