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Event Details

P/S-Basics of Bankruptcy Practice (SYR)

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Date:
Friday, December 06, 2013
Time:
9:00 AM - 5:00 PM Eastern Standard Time

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

Friday, December 6, 2013 | Syracuse | Sheraton Syracuse University Hotel | 801 University Avenue | Syracuse, NY 13210-0801

Overall Planning Chair

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

Local Panel

Chair:

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

Panel:(listed in alphabetical order)

  • Stephen A. Donato, Esq., Bond, Schoeneck & King, PLLC, Syracuse, NY
  • Jeffrey A. Dove, Esq., Menter, Rudin & Trivelpiece, P.C., Syracuse, NY
  • Mary Lannon Fangio, Esq. , Whitelaw & Fangio, Syracuse, NY
  • Kevin M. Newman, Esq., Menter, Rudin & Trivelpiece, P.C., Syracuse, NY
  • Mark W. Swimelar, Esq., Standing Chapter 12 and 13 Trustee, The Office of Mark W. Swimelar, Syracuse, NY
  • Guy A. Van Baalen, Esq., Assistant U.S. Trustee, Office of the United States Trustee, Utica, NY
  • Lee E. Woodard, Esq., Harris Beach PLLC, Syracuse, NY

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COURSE MATERIALS FOR NYSBA CLE PROGRAMS ARE NOW DISTRIBUTED ELECTRONICALLY!Click here for more information!

Directions

FROM EAST: NYS Thruway west to Exit 34A, Take Rt 481 south to I 690 west, then I 690 west to Teall Avenue Exit. Turn left onto Teall Avenue, go to 2nd light. Turn right onto Erie Blvd East and go to University Avenue. Turn left onto University Avenue, go 7 blocks and hotel is on left. FROM WEST: NYS Thruway east to Exit 39. Take I 690 east to I81 south to Exit 18 (Adams/Harrison St Exit). Bear left on exit ramp, go under I 81 bridge (Almond Street), go to 2nd light. Turn left onto East Adams Street, go to 4th light. Turn right onto University and go 2 blocks. Hotel is on left. FROM NORTH: Take I 81south to Exit 18 (Adams/Harrison Street Exit). Bear left on exit ramp, go under I 81 bridge (Almond Street), go to 2nd light. Turn left onto East Adams Street, go to 4th light. Turn right onto University Avenue, go 2 blocks and hotel is on left. FROM SOUTH: Take I 81 north to Exit 18 (Adams/Harrison Street Exit). Turn right onto East Adams Street, go to 4th light. Turn right onto University Avenue, go 2 blocks and hotel is on left.FROM NEW YORK CITY: Take Rt 17 to Binghamton. Take I 81 north to Syracuse and follow 'From South' directions)

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:
Sheraton Syracuse University Hotel & Conference Ce
801 University Avenue
Syracuse, NY 13210-0801
Online Registration has closed, to register please contact the State Bar Service Center at 1-800-582-2452


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