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Overview
Navigating Filing Procedures, Plan Confirmation, and Creditor Claims
This intensive course provides a fundamental understanding of the U.S. business bankruptcy system, focusing primarily on Chapter 11 reorganizations. Navigate the lifecycle of a case, from the initial pre-filing assessment and the immediate impact of the automatic stay, through the critical "First Day" motions, the tools available to both debtors and creditors, and the essentials of the plan confirmation process. Gain the essential procedural knowledge needed to competently advise clients who are facing - or are owed money by - an insolvent business. Register today!
- Discover the foundational laws and critical pre-filing due diligence for distressed businesses.
- Leverage "First Day" motions, DIP financing, and contract powers for operational viability.
- Gain strategies to protect creditor rights, lift the stay, and defend against avoidance actions.
- Navigate plan confirmation requirements.
- Clarify mandatory ethics rules for conflicts of interest in business bankruptcy.
Abbreviated Agenda
- Business Bankruptcy: Key Chapters, Stays, and Pre-Filing Steps
- The Debtor's Tools and First Day Motions
- Creditors' Rights and Remedies in Business Bankruptcies
- Plan Treatment, Objections, and Confirmation
- Personal Exposure for Officers, Directors, and Owners
- Ethical Traps for the Unwary
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| California MCLE Paralegal |
|
6 Total |
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Idaho CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Mississippi CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| North Dakota CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Oregon CLE |
|
6 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
| Arizona CPE for Accountants |
|
7 Total |
| New York CPE for Accountants |
|
7 Total |
| Washington CPE for Accountants |
|
7 Total |
| Wisconsin CPE for Accountants |
|
7.2 Total |
| Delaware Certified Paralegal Program |
|
6 Total |
| Florida Registered Paralegal |
|
6 Total |
| Indiana Paralegal CLE |
|
6 Total |
| Montana CLE Credit for Paralegals |
|
6 Total |
| CPE for Accountants/NASBA |
|
7 Total |
| North Carolina Continuing Paralegal Education |
|
6 Total |
| New Mexico Paralegal Division, State Bar of |
|
6 Total |
| Ohio Certified Paralegals |
|
6 Total |
| NFPA |
|
0 Total |
| Texas State Bar of Paralegal Division |
|
6 Total |
Select Jurisdiction
CLE
Paralegal
Other
Agenda
-
Business Bankruptcy: Key Chapters, Stays, and Pre-Filing Steps
- The Statutory Ecosystem: Chapters 7, 11, 13, and 15
- Subchapter V (SBRA): Eligibility, Trustee Role, and Simplified Plan Process
- Voluntary vs. Involuntary
- The Automatic Stay
- Pre-Filing Due Diligence Checklist
- Notice of Bankruptcy Filing
-
The Debtor's Tools and First Day Motions
- DIP (Debtor-in-Possession) Status and Professional Retention
- Cash Collateral and DIP Financing
- Executory Contracts and Leases: Assume, Assign or Reject?
- Debtor's Initial Motions (With Samples)
-
Creditors' Rights and Remedies in Business Bankruptcies
- Seeking Relief From Stay
- Secured Creditor Rights and Remedies
- Unsecured Creditor Claims
- Creditors' Committees
- Filing a Proof of Claim (With a Sample Form)
- Avoidance Actions: Fraudulent and Preferential Transfer Claims
-
Plan Treatment, Objections, and Confirmation
- The Disclosure Statement and Solicitation
- Sales Under § 363
- Creditor Objections
- Confirmation Requirements: Best Interests Test, Feasibility, and "Cramdown"
- Subchapter V (SBRA): Eligibility, Trustee Role, and Simplified Plan Process
-
Personal Exposure for Officers, Directors, and Owners
-
Ethical Traps for the Unwary
- Conflicts of Interest in Representing Affiliated Entities
- Attorney Fees
- Required Disclosures vs. Client Confidentiality
- Duty of Candor and Pre-Filing Fraudulent Conduct of the Filing Business
Who Should Attend
This legal guide is designed for attorneys. Accountants, fiduciaries, creditors, and paralegals will also benefit.
Speakers
Speaker bio
Alan C. Hochheiser
is a leading practitioner with Maurice Wutscher LLP, in the areas of creditors' rights and bankruptcy law. He advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors. Mr. Hochheiser earned his B.A. degree, cum laude, from the State University of New York at Albany and his J.D. degree from Case Western Reserve University School of Law. He is the co-chair of the ABA Business Law Section Consumer Bankruptcy Committee, a Consumer Committee member of the American Bankruptcy Institute, an associate member of the National Association of Bankruptcy Trustees, a Creditors Auxiliary member of the National Association of Chapter 13 Trustees, the Receivables Management Association International (RMAI).
Speaker bio
Douglas G. Leney
is a partner in Archer & Greiner P.C.'s Litigation Department, concentrating his practice in matters involving bankruptcy and corporate restructuring, and debtor/creditor rights. He is a trusted advisor to debtors, trustees, creditors' committees, unsecured creditors, and secured creditors in Chapter 11 reorganization and sale cases, Chapter 7 cases, Chapter 15 international proceedings, and related adversary proceedings, including avoidance actions involving claims of preferences and fraudulent transfers, as well as complex proceedings involving breaches of fiduciary duties by former officers and directors. Mr. Leney also represents various parties in non-bankruptcy state and federal court matters, ranging from commercial disputes and foreclosures to cases arising under various statutory regimes, including the Perishable Agricultural Commodities Act (PACA). He has significant experience in representing banks, private lenders, and asset-based lenders in connection with loan inception and closing, as well as workouts and forbearance, inter-creditor arrangements, and related litigation. In conjunction with Archer's Corporate Department, Mr. Leney issues legal opinions related to commercial lending transactions, including non-consolidation and "true sale" opinions. He earned his J.D. degree from Rutgers University Newark School of Law and is admitted to practice in Pennsylvania and New Jersey.
Speaker bio
Richard S. Feinsilver
is a solo practitioner with multiple offices where he focuses his practice on bankruptcy law, debtor/creditor and real estate law. Prior to entering private practice, Mr. Feinsilver was employed in the financial services industry for more than ten years in various capacities, focusing in the areas of consumer credit and real estate financing. Over the past 22 years, he has represented in excess of 5,000 clients in the prosecution of consumer and business bankruptcy proceedings. Mr. Feinsilver is a member of the New York State, Nassau County and Queens County bar associations. He is admitted to practice law in the state of New York and before the U.S. District Court for the Eastern District of New York. Mr. Feinsilver earned his B.A. degree from St. John's University in Queens and his J.D. degree from New York Law School in New York.
Speaker bio
Trev E. Peterson
is a partner with Knudsen Law Firm. He has more than 40 years of experience in the commercial and real estate lending, real estate, bankruptcy, foreclosure, and commercial litigation practice areas. Mr. Peterson has represented lenders in cases under Chapters 7, 11, 12, and 13 of the bankruptcy code. He is a frequent speaker at seminars involving lending, bankruptcy and foreclosure. Mr. Peterson is a member of the American, Nebraska State, and Lincoln bar associations; and the American Bankruptcy Institute. He is a fellow in the American College of Real Estate Lawyers and Litigation Counsel of America, as well as a past president of the Banking Law Section and Bankruptcy Section of the Nebraska State Bar Association. Mr. Peterson earned his B.A. degree from the University of Nebraska-Lincoln and his J.D. degree from the University of Nebraska College of Law.
Speaker bio
Candace C. Carlyon
is an owner and attorney at Carlyon CiCa CHTD. She has over three decades of legal experience, including representation of a myriad of constituencies in commercial reorganization and credit restructuring matters. Ms. Carlyon is a tenacious litigator, representing clients in complex commercial litigation matters, including fraud, contract, deficiency, business disputes and receiverships. She also conducts mediations and serves as a pro tempore short trial judge for the Eighth Judicial District Court. She has been certified as a commercial bankruptcy specialist by the American Board of Certification of Bankruptcy and Commercial Rights Specialists since 1994 and is a past president of that organization. She has been recognized in Best Lawyers in America since 1996, and has held an A-V rating, the highest available, since 1989. She earned her B.A. degree, magna cum laude, from Loyola Marymount University and her J.D. degree, magna cum laude, from Pepperdine University School of Law.
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