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Event Details

P/S-Basics of Bankruptcy Practice (ALB)

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Date:
Thursday, December 05, 2013
Time:
9:00 AM - 5:00 PM Eastern Standard Time
New York State Nurses Association
11 Cornell Road
Latham, NY 12110
 

THIS PROGRAM IS BEING PRESENTED LIVE AND WITH A WEBCAST OPTION AVAILABLE

Webcast Image   Can't Attend in Person?
The Albany program offers a simultaneous live webcast option allowing you to "attend" the program from the convenience of your office.
Note:  Newly admitted attorneys (less than 24 months) must attend the programin personto receive New York MCLE credit.

 

MCLE CREDITS
7.5 Total Credits (1.0 Ethics; 1.5 Skills; 5.0 Professional Practice)

This course has been approved for MCLE credit in New York for all attorneys, including newly admitted (less than 24 months).
NYSBA Committee on Continuing Legal Education is an accredited provider in the States of New York, California, New Jersey and Pennsylvania.


CO-SPONSORS

  • Committee on Bankruptcy of the Business Law Section
  • Committee on Continuing Legal Education

PROGRAM DESCRIPTION

A greater numbers of attorneys are finding the need to learn or to re-learn how to service bankruptcy law clients while not violating the regulations on lawyering of the Bankruptcy "Reform" Act, which became effective October 2005. In this practice-oriented program, the faculty will examine the "nuts and bolts" of bankruptcy law and practice. They will discuss substantive issues such as property of the estate, discharge and dischargeability of debts, the automatic stay, executory contracts and leases, and voidable transfers of property that most commonly arise in bankruptcy cases. They will address Chapter 7 and Chapter 13, the means test, and consumer oriented issues that face lawyers. You will learn how to commence a case as well as the ethical obligations of counsel in the bankruptcy context. There will be panel discussion as to procedures, rules and customs of local interest and audience questions will be encouraged.

WHY YOU SHOULD ATTEND

  • Learn how to service bankruptcy law clients while not violating the regulations on lawyering of the Bankruptcy "Reform" Act, which became effective in October 2005
  • Examine the "nuts and bolts" of bankruptcy law and practice
  • Learn about the issues that most commonly arise in bankruptcy cases and how to address them
  • Hear discussion on Chapters 7 and 13, the means test, and consumer oriented issues that face lawyers
  • Learn how to commence a bankruptcy case
  • Hear about the ethical obligations of counsel for debtors and their creditors in the bankruptcy context
  • Gain valuable knowledge from a panel of experts. All attorneys, both newly admitted and those with limited experience will benefit from this program

WHO SHOULD ATTEND

  • All attorneys seeking a fundamental but practical overview of handling a bankruptcy matter.
  • Attorneys practicing in the area of bankruptcy and business law.

AGENDA

8:30 - 9:00 a.m. REGISTRATION

9:00 - 9:50
1. OVERVIEW

A. Introduction to the Program - A Road Map
B. Structure of the Bankruptcy Code
C. Jurisdiction of the Bankruptcy Courts - Practical Applications
D. The Role of the Office of the United States Trustee
E. Trustees under Chapters 7, 11, 12 and 13

9:50 - 10:40
2. CLAIMS AND CLAIMS ADMINISTRATION

A. Bankruptcy Code Definitions (Scope)
B. Unsecured; Secured; Priority, and Administrative Claims - An Overview
C. "Claim" or "Interest"
D. Executory Contracts and Unexpired Leases
E. Vendor Issues
F. The Proof of Claim - What Is It?
G. Contingent, Unliquidated, and Disputed Claims
H. Filing Requirements, Deadlines and the Consequences of the Failure to Timely File
I. The Claims Reconciliation Process: Filing - Objecting, Responding

10:40 - 10:55 BREAK

10:55 - 11:45
3. PROPERTY OF THE ESTATE AND THE AUTOMATIC STAY
A. Estate Property Defined
B. Exempt Properties, including Qualified Retirement Accounts
C. The Automatic Stay
D. Exceptions to the Automatic Stay
E. Penalties for Stay Violations
F. Obtaining Relief from the Stay

11:45 - 12:35 p.m.
4. DISCHARGE, PLAN CONFIRMATION, CONVERSION AND DISMISSAL

A. The Effect of Discharge Chapters 7, 11, 13
B. Objections to Discharge (Section 727) and Dischargeability (Section 523)
C. Effect of Plan Confirmation Chapter 13
D. Effect of Plan Confirmation Chapter 11
E. Conversion and Dismissal of Cases Consumer Cases and Commercial Cases
F. Deadlines for Taking Action

12:35 - 1:35 LUNCH (on your own)

1:35 - 2:25
5. RECOVERY AND COLLECTION OF ASSETS

A. Tangible Assets
B. Intangible Assets
C. Turnover Proceedings
D. Litigation Recoveries: Preferences; Fraudulent Conveyances; and, Trustee
E. Avoidance "Powers" (Chapter 5 of the Bankruptcy Code)
F. Security Interest and Liens: Over-Secured and Under-Secured Creditors (Section 506)

2:25 - 2:40 BREAK

2:40 - 3:55
6. PRE-FILING MATTERS

A. Interviewing the Client
B. The "Means Test" - Consumer Cases
C. Evaluating the Facts: Assets and Liabilities
D. Selecting the Right "Chapter"
E. Pre-bankruptcy Planning, Credit Counseling and Due Diligence and Other
Requirements
F. Preparing the "Schedules" and the "Statement of Financial Affairs"
G. Other Disclosure and Filing Requirements
H. Automatic Dismissal, "Substantial Abuse" and Other Statutory Provisions implicated for the Failure to Comply with the Requirements

3:55 - 4:45
7. ETHICAL OBLIGATIONS OF COUNSEL FOR DEBTORS AND FOR CREDITORS "PIGS GET FAT AND HOGS GET SLAUGHTERED"

A. Pre-Filing Concerns: "Bankruptcy Planning" and Related Issues
B. The Attorney Certification Requirements
C. Retention, Compensation and Disclosure
D. Discharge and Dischargeability
E. Other Ethical Concerns

4:45 - 5:00 QUESTION AND ANSWER PERIOD

5:00 p.m. ADJOURNMENT

IMPORTANT NOTICE: PARTIAL CREDIT FOR PROGRAM SEGMENTS NOT ALLOWED.
Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot receive MCLE credit for a program segment unless they are present for the entire segment. Persons who arrive late, depart early, or are absent for any portion of the segment will not receive credit for that segment.

PROGRAM FACULTY

Thursday, December 5, 2013 | Albany | New York State Nurses Association | 11 Cornell Road | Latham, NY 12110

Overall Planning Chair

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

Local Panel

Chair:

  • Leigh Hoffman, Esq., Deily Mooney Glastetter, LLP, Albany, NY

Panel:(listed in alphabetical order)

  • Bonnie S. Baker, Esq., Staff Attorney, Office of Andrea E. Celli, Chapter 13 Standing Trustee, Albany, NY
  • Marc S. Ehrlich, Esq., Ehrlich & Arcodia, P.C., Troy, NY
  • Leigh Hoffman, Esq., Deily Mooney Glastetter, LLP, Albany, NY
  • Hon. Robert E. Littlefield, Jr., Chief Judge, United States Bankruptcy Court - Northern District of New York, Albany, NY
  • Lisa M. Penpraze, Esq., Assistant U.S. Trustee, Office of The United States Trustee, Albany, NY
  • Cynthia A. Platt, Esq., Clerk To Hon. Robert E. Littlefield, United States Bankruptcy Court - Northern District of New York, Albany, NY
  • William B. Schiller, Esq., Schiller & Knapp, LLP, Latham, NY
     

New York State Nurses Association
11 Cornell Road
Latham, NY 12110

 

DIRECTIONS:

From the South/West Take Thruway to Exit 24 - Northway (I-87) Take the Northway (I-87 North) to Exit 6 Make left on to Rt. 7 (Troy-Schenectady Road) Follow approximately 2-3 miles, until you see McDonalds on your left Turn left onto Albany-Shaker Road Turn right onto British American Blvd Follow for ¼ mile to Cornell Road on your left Make a left onto Cornell NYS Nurses Association is 3rd driveway on right, before the cul-de-sac From the North Take the Northway (I-87) to Exit 6 Turn right onto Rt. 7 (Troy-Schenectady Road) Follow approximately 2-3 miles, until you see McDonalds on your left Turn left onto Albany-Shaker Road Turn right onto British American Blvd Follow for ¼ mile to Cornell Road on your left Make a left onto Cornell NYS Nurses Association is 3rd driveway on right, before the cul-de-sac From the East 1-90 to the end - follow signs to I-87 North Take Exit 6 Turn left onto Rt. 7 (Troy-Schenectady Road) Follow approximately 2-3 miles, until you see McDonalds on your left Turn left onto Albany-Shaker Road Turn right onto British American Blvd Follow for ¼ mile to Cornell Road on your left Make a left onto Cornell NYS Nurses Association is 3rd driveway on right, before the cul-de-sac PARKING IS NOT PERMITTED ON CORNELL ROAD, GRASSY AREAS OR IN EMERGENCY ZONES IN FRONT OF THE BUILDING.

 

 
ECM ImageELECTRONIC COURSE MATERIALS (ECM)

COURSE MATERIALS FOR NYSBA CLE PROGRAMS ARE NOW DISTRIBUTED ELECTRONICALLY!

Go to www.nysba.org/ecm for more information!

 

Registration: 8:30 a.m. Program: 9:00 a.m. - 5:00 p.m.
THIS PROGRAM IS APPROVED FOR NEW YORK MCLE FOR ALL ATTORNEYS. IMPORTANT NOTICE--PARTIAL CREDIT FOR PROGRAM SEGMENTS NOT ALLOWED: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the segment WILL NOT receive credit for that program segment.
Address:
New York State Nurses Association
11 Cornell Road
Latham, NY 12110
Online Registration has closed, to register please contact the State Bar Service Center at 1-800-582-2452


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