Consumer Bankruptcy

NO CLE - Representing a Debtor or Creditor in a Bankruptcy Proceeding? It’s an Ethical Minefield Either Way!

Consumer lawyers on behalf of both debtors and creditors deal with myriad ethical issues to ensure effective and economical representation of their clients. This panel will explore the implications of representing individuals, small businesses, insiders and creditors, including what to do when your client becomes your creditor (how far can you go to get paid?) and how to avoid breaching the attorney/client privilege (just who do or can you talk to?). In a small business, the owner often considers counsel to be representing “her” interest.

Free Session

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NO CLE - Trial Preparation and Evidence

A trial is fraught with opportunities for lawyers on both sides to make mistakes. By using hypotheticals infused with current and common issues, this panel will provide useful tips for successful examination and cross-examination, preparation for common motion practice, and laying a proper foundation for submission of evidence.

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NO CLE - Tort Settlements: Undisclosed Assets

The petition is filed. At the § 341 meeting, the trustee asks the debtor whether there have been any personal-injury actions, whether the debtor has the right to sue someone, and whether the debtor inherited any assets 180 days prior to the petition date or within 180 days after the petition date. However, debtor clients often intentionally or inadvertently fail to disclose an asset. This panel will explore best practices for dealing with these and other post-filing litigation pitfalls, and for handling cases where there are undisclosed or undiscovered assets.

Free Session

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NO CLE - 150 Days in the Life of a Subchapter V Reorganization

This program considers the life cycle of a small business reorganization. Beginning 30 days before the debtor files its petition, continuing through the 90-day plan filing deadline, and hurtling toward confirmation, the panel discusses pre-bankruptcy planning and negotiation, debates eligibility and case management issues, considers best practices for utilizing the Subchapter V trustee throughout the case, and highlights tips and traps of plan formulation, contested confirmation hearings, and post-effective date matters.

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NO CLE: Student Loans

Free Session

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NO CLE: Top Cases/Decisions

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NO CLE: Property of the Estate, Constructive Trusts and Nonfiling Spouses

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NO CLE - Bankruptcy Rules You Should Know

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NO CLE - Advanced Chapter 13 Hot Topics

This panel will discuss a number of difficult chapter 13 issues, including post-petition creditor fees; consumer vs. nonconsumer debtors in chapters 7 and 13 and the impact of the designation; the effects and timing of vesting; automatic-stay issues, debt-limit issues and the impact of contingent debt, guaranty debt and partially secured claims; “fee-jumping” and other absolute-priority rule violations; and discharge in light of mortgage default due to COVID-19, forbearance or modification.

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NO CLE - Student Debt/Student Loans

The steep rise in student loan debt is one of the most pressing issues our country faces as it strives to create a more just and equitable society. Getting a college degree has become steadily more expensive, and graduates are often left with overwhelming debt burdens that sometimes take decades to repay. Coupled with the nondischargeability of student debt under the Bankruptcy Code, the “student debt problem” has become one of the most pressing issues of our time.

Free Session

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