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Overview
Walk Through Consumer Bankruptcy Procedures and Forms
Relying on bankruptcy software to file petitions will only get you so far. This line-by-line workshop will give you the practical knowledge necessary to double-check your software's work and confidently answer "line item" questions from trustees, creditors, and judges. With the help of carefully crafted debtor scenarios, experienced practitioners will guide you through each form you need to file, clear up ambiguities, and point out potential pitfalls. You'll even get detailed instruction on the ever-confusing means test and Chapter 13 plans! Bankruptcy is a field of land mines and evolving interpretations of law - make sure you're prepared to guide your clients through the filing process. Register today!
- Walk through the bankruptcy schedules and forms line by line, so you can knowledgeably explain the numbers submitted when questioned by the trustee, creditors, or bankruptcy court.
- Unravel the complexity and ambiguity of the means test with veteran practitioners at your side.
- Learn the procedural steps for filing Chapter 7, 11,and 13 so you can begin confidently filing cases for debtors.
- Gain a clear understanding of which chapter to file depending on your client's situation and assets.
- Avoid paperwork mistakes by learning how to properly complete schedules.
- Confidently structure payments and decide categories in the Chapter 13 repayment plan.
- Get insider tips on what trustees look for in consumer bankruptcy filings.
Abbreviated Agenda
- Utilizing the Client Intake Interview
- Working Through the Means Test
- Preparing the Bankruptcy Filing
- Planning the 341 Meeting
- Understanding the Automatic Stay
- Drafting Chapter 13 Repayment Plans
- Reviewing Ethics
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Alaska CLE |
|
6 Total | 02-23-2028 |
| Alabama CLE |
|
6 Total | 12-31-2026 |
| Arkansas CLE |
|
6 Total | 06-30-2026 |
| Arizona CLE |
|
6 Total | 02-23-2028 |
| California CLE |
|
6 Total | 02-23-2028 |
| Colorado CLE |
|
7 Total | 12-31-2028 |
| Connecticut CLE |
|
6 Total | 02-23-2028 |
| Delaware CLE |
|
6 Total | 02-23-2028 |
| Florida CLE |
|
7 Total | 08-31-2027 |
| Georgia CLE |
|
6 Total | 12-31-2027 |
| Hawaii CLE |
|
6 Total | 02-23-2028 |
| Iowa CLE |
|
6 Total | 02-23-2027 |
| Idaho CLE |
|
6 Total | 03-12-2029 |
| Illinois CLE |
|
6 Total | 02-22-2028 |
| Indiana CLE |
|
6 Total | 02-23-2027 |
| Kansas CLE |
|
7 Total | 02-22-2027 |
| Kentucky CLE |
|
6 Total | 06-30-2026 |
| Louisiana CLE |
|
6 Total | 02-23-2027 |
| Maine CLE |
|
6 Total | 02-22-2028 |
| Minnesota CLE |
|
6 Total | 02-23-2028 |
| Missouri CLE |
|
6 Total | 02-23-2028 |
| Northern Mariana Islands CLE |
|
6 Total | 02-23-2028 |
| Mississippi CLE |
|
6 Total | 07-31-2026 |
| Montana CLE |
|
6 Total | 02-23-2029 |
| North Carolina CLE |
|
6 Total | 02-28-2027 |
| North Dakota CLE |
|
6 Total | 02-23-2029 |
| Nebraska CLE |
|
6 Total | 02-23-2028 |
| New Hampshire CLE |
|
6 Total | 02-23-2029 |
| New Jersey CLE |
|
7.2 Total | 10-31-2026 |
| New Mexico CLE |
|
6 Total | 02-23-2028 |
| Nevada CLE |
|
6 Total | 02-23-2029 |
| New York CLE |
|
7 Total | 02-23-2029 |
| Ohio CLE |
|
6 Total | 12-31-2026 |
| Oklahoma CLE |
|
7 Total | 02-23-2028 |
| Oregon CLE |
|
6 Total | 02-23-2029 |
| Pennsylvania CLE |
|
6 Total | 02-23-2028 |
| Rhode Island CLE |
|
6 Total | 06-30-2026 |
| South Carolina CLE |
|
6 Total | 12-31-2026 |
| Tennessee CLE |
|
6 Total | 02-22-2028 |
| Texas CLE |
|
6 Total | 01-31-2027 |
| Utah CLE |
|
6 Total | 12-31-2026 |
| Virginia CLE |
|
6 Total | 10-31-2026 |
| Vermont CLE |
|
6 Total | 02-23-2028 |
| Washington CLE |
|
6 Total | 02-22-2031 |
| Wisconsin CLE |
|
7 Total | 12-31-2027 |
| West Virginia CLE |
|
7.2 Total | 02-23-2028 |
| Wyoming CLE |
|
6 Total | 10-31-2026 |
Select Jurisdiction
CLE
Agenda
-
Utilizing the Client Intake Interview
- Is Credit Counseling an Alternative?
- Documents to Request Right Away
- Questions to Ask in the Initial Interview
- Explaining the Process and Bankruptcy Options to Your Client
- Helping Your Client Determine Which Chapter to File
- Rules for Setting Up Retainer Agreements
-
Working Through the Means Test
- Exempt vs. Non-Exempt Property
- Allowable Expenses
- How to Determine the Debtor's Income
- Is Your Client's Income More Than the Median?
- What Happens if Your Client Does Not Pass the Means Test?
- Common Mistakes to Avoid
- Communicating with the U.S. Trustee
-
Preparing the Bankruptcy Filing
- Checklist of Filing Procedures
- What Schedules to File
- The Bankruptcy Petition
- Statement of Financial Affairs
- Monthly Budget
- Property and Debt Listings
- Pros and Cons of Electronic Filing
- Filing Dos and Don'ts
-
Planning the 341 Meeting
- Purpose of the Meeting
- Who Should Attend
- Questions to Expect and Prepare for
- Proofs of Claim
-
Understanding the Automatic Stay
- Broad Scope of the Automatic Stay
- Mortgage Servicing Issues
- Motion for Lift of Stay: How, Why You Can Request it
- Monetary Sanctions for Automatic Stay Violation Where Notice is Lacking
- Terminating the Stay
- Harassment Issues
-
Drafting Chapter 13 Repayment Plans
- What is the Best Timeline for Your Client?
- When Conversion to Chapter 7 is Applicable
- How to Enforce and Modify Plans
- Standards of Confirmation
- Role of Exemptions in Chapter 13
- Best Interests of Creditors Test and Best Efforts Test
- Payment of Priority Claims and Secured Claims on Personal Property
- Lien Stripping
- Structuring Payments - A Case Study
- Negotiating Plan Payments with the Trustee
- Plan Confirmation and Modifications
-
Reviewing Ethics
- Charging Attorneys' Fees
- Misrepresentation
- Intermingling Activities of Collection Agency and Attorney
- Avoiding Violations of the Discharge Injunction
- Zealous Advocacy vs. Candor with the Court
- Common Situations for Concern
Who Should Attend
This course provides step-by-step instruction on filing consumer bankruptcy for attorneys new to the bankruptcy field. Others who may benefit include credit analysts, bankruptcy coordinators, accountants, and paralegals.
Speakers
Speaker bio
Joshua Burnett
is an attorney licensed in Massachusetts and is a partner with Amann Burnett, PLLC, which represents clients in Massachusetts and New Hampshire. He concentrates his practice in the areas of bankruptcy and commercial litigation. Mr. Burnett has appeared pro hac vice in a variety of bankruptcy and non-bankruptcy matters in other jurisdictions, including New York, Rhode Island, New Hampshire, and Virginia. In addition to representing consumer and business clients in Chapter 7, Chapter 13, and Chapter 11 bankruptcy cases, he regularly assists both debtor and creditor clients in adversary proceedings and contested matters in the U.S. Bankruptcy Court, including non-dischargeability actions, preference and recovery actions, automatic stay, and claim-related matters. As a litigator, Mr. Burnett represents both plaintiff and defendant clients in state and federal court in variety of civil matters, including business and partnership disputes, contract disputes, real estate and mortgage disputes, Uniform Commercial Code, consumer protection, and foreclosure defense. In addition to his present areas of concentration, he also has a background in mortgage foreclosure, landlord/tenant, probate law, and family law. Prior to creating Amann Burnett, PLLC with Attorney William Amann, Mr. Burnett worked for many years with a former Chapter 7 trustee in a boutique firm with a primary focus on consumer bankruptcy and was of counsel to several other bankruptcy and litigation offices in the Boston area. He also teaches bankruptcy law at Massachusetts School of Law and regularly presents local and national programs and lectures on bankruptcy-related topics for several continuing legal education providers. Mr. Burnett is a 1997 graduate of the University of Massachusetts Lowell and a 2010 graduate of the Massachusetts School of Law. He is also an accomplished pianist who played music professionally for many years, and worked extensively in in the performance, technical, and business side of the music industry.
Speaker bio
William J. Amann
is a partner with Amann Burnett, PLLC, where he concentrates his practice in the areas of bankruptcy, creditors' rights, commercial litigation, and real estate and commercial litigation. Mr. Amann regularly represents national and regional creditors in bankruptcy courts and the state courts in Massachusetts and New Hampshire. He has recently been admitted to the Southern District Federal Court for New York, representing a Massachusetts business in a contract dispute. Prior to joining the firm, Mr. Amann served as legal counsel to a Chapter 7 bankruptcy trustee for the District of New Hampshire. In addition, he has considerable experience in the areas of commercial turnarounds, debt restructuring, equitable subordination, debt recharacterization, asset sales, title insurance, real estate conveyancing, land use, receiverships, premises liability, employment law, evictions and probate administration. Mr. Amann served on the Board of Directors for the City of Manchester's Public Library Literacy Fund for two years, starting in 2009. He is an editor for the American Bankruptcy Institute and an annual editor for the New Hampshire Bar Association's Supreme Court At-a-Glance article series. Mr. Amann regularly speaks before professional and trade groups on the topics of bankruptcy, creditors' rights and real estate. Prior to practicing law, he was employed by Fidelity Investments as a trade resolution specialist, and by Ford Motor Credit Company as an account executive and branch legal liaison. Mr. Amann is a former police officer. He earned his B.A. degree from Saint Anselm College and his J.D. degree from Massachusetts School of Law.
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