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Representing Secured Creditors in Chapters 7 and 13

Even beginning creditors’ attorneys know that the automatic stay prevents them from enforcing their clients’ rights to their collateral. But what can they do in chapter 7 and 13 cases, and when should they do it? This session will focus on the basic legal issues facing secured creditors in these consumer cases and the development of effective and economical strategies for dealing with them. What are the legal standards to obtain relief from the automatic stay? What do the Federal Rules of Bankruptcy Procedure and the local bankruptcy rules require as attachments? What must the motion allege, and who has the burden of proof if an objection is made? Do these standards differ in chapters 7 and 13? When is the right time to bring a motion to lift a stay in a chapter 7 or 13 case? Should you seek to have a chapter 7 debtor reaffirm your debt? If a chapter 7 debtor doesn’t reaffirm but just keeps making the payments, what should you tell your client to do? How does § 365(p) work, and do you need to have the court involved? Loan modifications are common in chapter 13, but is there such a thing as a loan modification in a chapter 7? Can the court reopen a case to approve a post-discharge reaffirmation or loan modification in chapter 7? Can a chapter 13 debtor force your client to take property they don’t want by surrendering the property or vesting it in your client?

Complex Financial Restructuring Program Round 2: Feasibility

This panel will evaluate the Company’s ability to generate future cash flows sufficient to cover its obligations. This evaluation should include the viewpoints of each of the constituencies involved in the case (Debtor, Unsecured, Successor) on what the restructured debt/liability levels should be, and how the Company’s future cash flows can support their view of these obligations, including the potential to eventually refinance.

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e-Learning Topics

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Administrative Expense Claims

Reviews processes and requirements for post-petition claims that get priority payment, including professional fees, utilities, and goods received within 20 days of filing.

Alternative Dispute Resolution

Examines mediation, arbitration, and other non-litigation approaches to resolve bankruptcy disputes efficiently and cost-effectively.

Asset Sales

Analyzes issues practitioners may face when completing asset sales in and out of bankruptcy, and best practices for successful outcomes.

Automatic Stay

Explores scope and application of automatic stay protection, including exceptions, violations, and procedures for obtaining stay relief.

Claims

Discusses the evaluation, trading, and resolution of bankruptcy claims. Covers creditor rights and their impact on restructuring.

Bankruptcy Litigation

Studies recent case law and rules of practice, evidence and procedure, connecting professionals engaged in bankruptcy-related litigation.

Certification

Covers professional certification requirements and processes for bankruptcy practitioners, including specialized credentials and continuing education.

Corporate Governance

Analyzes fiduciary duties, management responsibilities, and board oversight during bankruptcy proceedings and restructuring.

Court Administration

Reviews court procedures, filing requirements, and administrative processes in bankruptcy cases.

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Getting Board Certified: Preparing for the ABC Exam

Achieving American Board Certification(ABC) means you have met the rigorous, objection standards of a top professional in the areas of  bankruptcy and/or creditors rights

The ABC Exam is the essential step in the process, and this 5-part on demand corse will prepare you to pass the test. Whem you click on the "Register" button, you will see an intro video that explains the benefits of the ABI Certification, the steps in the process and what to expect in th exam. No CLE credit is offered for this course.

The course is $295 for ABI members, $545 for non-members. THe non-members $545 fee also includes 1 year of ABI Membership ($425 value)

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