Bankruptcy Basics from the Creditor's Perspective

April 2009
 
Bankruptcy Basics from the Creditor's Perspective
 
Program Highlights
 
What You Will Learn:
 
*Chapter 7 Bankruptcy Basics
*Chapter 11 Bankruptcy Basics
*Chapter 13 Bankruptcy Basics
*Matters Governed by Chapter 9
*Matters Governed by Chapter 12
*Matters Governed by Chapter 15
*Liens
*Security Interests
*Which debts can be discharged and which cannot
*What “avoidance” is and what it means, in practical terms, to creditors
*The automatic stay in bankruptcy
*Making claims – process and procedure
 
Who Should Attend:
 
*Bankruptcy Attorneys
*Business Law Attorneys
*In-house Counsel
*Anyone Who Needs Expert Advice and Guidance on these Important Issues!
 
Program Description
 
The economic hard times our country and the world are currently suffering have focused attention on the need for education in the area of bankruptcy law.  Non-bankruptcy specialists, and those new to a bankruptcy practice, need an excellent “survey” of bankruptcy law to understand the players, the playing field, and the plays that are called in this complex and very important game where the stakes are high. 
 
Unfortunately, most bankruptcy CLE programs are taught from the perspective of the debtor rather than the debtor's creditors, leaving the program attendee with only half of the information needed to really understand the process and strategy involved. CBA-CLE to the rescue!  Join our experienced faculty in this full day of immersion in the world of bankruptcy law.  Our expert faculty, who hail from both the debtor and creditor bars, will show you what the process is like, from start to finish, with an emphasis on the issues that are most important to a creditor.  You will learn the fundamentals of each type of bankruptcy, how debts are discharged, avoidance actions, stays, and more!
 
In these challenging economic times, virtually all licensed attorneys need to understand the bankruptcy process. If you want to understand that process, with equal time given to the creditor's viewpoint, this is the program for you!
 
Register for Bankruptcy Basics from the Creditor's Perspective Today!
 
Agenda
 
8:30 AM – 9:00 AM
Registration
 
9:00 AM – 9:05 AM
Welcome and Introduction
Extended by Charles G. Crosse, IV, Esq.
 
9:05 AM – 10:00 AM
Consumer Bankruptcy:  The Chapter 7 Case and the Chapter 13 Case
 
Chapter 7
 
- Challenging Who Can Be a Debtor Under Chapter 7
- What Notice is and How it is Issued
- The Debtor's Schedules Explained
- First Meeting of the Creditors – Attendance
- What is “Reaffirmation”?
- Objecting to Claimed Exemptions
- The Chapter 7 Trustee:  Duties and Authority
 
Chapter 13
 
- Challenging who can be a debtor under Chapter 13
- All about the co­debtor stay
- The first meeting of creditors in a Chapter 13 bankruptcy case
- Objecting to Confirmation of a Chapter 13 Plan
- The Chapter 13 Trustee:  Duties and Authority
- How Creditors are Paid in a Chapter 13 Bankruptcy
- Motions to Dismiss a Chapter 13 Bankruptcy
- Motions to Convert a Chapter 13 Bankruptcy to a Chapter 7 Bankruptcy
 
Presented by David C. Hoskins, Esq.
 
10:00 AM to 10:15 AM
Break (15 minutes)
 
10:15 AM – 11:00 AM
How Debts Are (or Are Not) Discharged in Bankruptcy
 
- Section 727 Objections to discharge of debts
- Section 523 Objections to discharge of certain kinds of debts
- What sorts of obligations cannot be discharged?
- What is the effect of discharge of a debt?
- What is a “Discharge Injunction”?
- Violations of a Discharge Injunction
- When and how a discharge can be revoked
 
Presented by Jeffrey S. Brinen, Esq.
 
11:00 AM – 12:00 PM
Business Bankruptcy:  The Chapter 11 Case
 
- What is “adequate protection”?
- The uses of cash collateral
- About the Creditors' Committee
- Rejection or Assumption of executory contracts and leases
- Fees for the Over-secured Creditor
- Challenging the Chapter 11 Disclosure Statement
- Understanding Creditor's Committee Role
- Objecting to Confirmation of a Chapter 11 Plan
 
Presented  by Charles G. Crosse, IV, Esq.
 
12:00 PM – 1:15 PM
Lunch (On Your own)
 
1:15 PM – 2:00 PM
All About Avoidance Actions
 
- What is an avoidance action?
- The types of avoidance actions in a bankruptcy case
- A “preference” claim in a bankruptcy case
- What are the defenses to a preference claim?
- Defenses to ”Fraudulent Transfer” Claims
- Can relief be obtained against someone to which an asset has already been transferred?  If so, how and when?
 
Presented by Aaron A. Garber, Esq.
 
2:00 PM – 2:45 PM
The “Automatic Stay" and the Litigation That Often Surrounds It
 
- The Automatic Stay defined
- Litigating the Automatic Stay
- Grounds for relief from the Automatic Stay
- In Rem Orders for Relief From Stay
- And More!
 
Presented by Beverly L. Edwards, Esq.
 
2:45 PM – 3:00 PM
Break  (15 minutes)
 
3:00 PM – 3:15 PM
How to Make a Creditor's Claim in a Bankruptcy Case
 
- Requirements for your “Proof of Claim”
- Objections to claims
- Amending a Proof of Claim
 
Presented by Donald D. Allen, Esq.
 
3:15 PM – 4:00 PM
Other Matters:  Cases Under Chapters 9, 12 and 15
 
- Chapter 15 and Foreign Proceedings
- Chapter 9 and Municipalities as debtors
- Chapter 12 - Special provisions for family farmers
 
Presented by Donald D. Allen, Esq.
 
4:00 PM – 4:50 PM
All About Liens And Security Interests in Bankruptcy Cases
 
- Using perfection of a security interest as a preference
- Pre­judgment attachment liens
- Avoidance of a lien
- All about set-off
- Reclamation under BAPCPA
 
Presented by Donald D. Allen, Esq.
 
4:50 PM – 5:00 PM
Question and Answer Session
 
5:00 PM
Adjourn
 
Faculty
 
Donald D. Allen, Esq.
Block Markus & Williams, LLC
Denver, CO
 
Jeffrey S. Brinen, Esq.
Kutner Miller Brinen, PC
Denver, CO
 
Charles G. Crosse, IV, Esq.
Crosse & Barfield, LLC
Denver, CO
 
Beverly L. Edwards, Esq.
Edwards & Taylor LLC
Aurora, CO
 
Aaron A. Garber, Esq.
Kuttner Miller Brinen, PC
Denver, CO
 
David C. Hoskins, Esq.
George T. Carlson & Associates
Englewood, CO
 
Planning Committee:
 
Donald D. Allen, Esq.
Block Markus & Williams, LLC
Denver, CO
 
Jeffrey S. Brinen, Esq.
Kutner Miller Brinen, PC
Denver, CO
 
Charles G. Crosse, IV, Esq.
Crosse & Barfield, LLC
Denver, CO
 
 
Video Replays: May 6, 2009
Denver: CLE Classroom, 1900 Grant Street, Suite 300
Grand Junction: 1250 East Sherwood Drive
Colorado Springs: 421 South Tejon Street, Suite 100
 

Location Information
Law Office of Baird B Brown PC
1250 E Sherwood Dr
Grand Junction, CO
Get directions
Registration Fees
$299.00
CBA $249.00
CORP $229.00
CORP $229.00
$209.00
$209.00
  • General Credits: 7.00
  • Ethics Credits:
  • EDI Credits:

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Start Date - End Date
May 06, 2009
Start Time - End Time
9:00 AM - 5:00 PM
Event Location
Law Office of Baird B Brown PC
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