Bankruptcy, Foreclosure & Collection Law

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Protecting Creditors' Rights in Bankruptcy

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Live Online
6 hours
Richard Feinsilver
Joseph Ferrise
Ronald Chorches
Michael Hogue
William Amann
With Richard S. Feinsilver from Richard Feinsilver Esq. + 4 others

Thu, Jul 09, 00:00 AM – 00:00 PM

Product ID 102182

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Course Includes
$449

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Overview

Don't Lose the Debt: The Creditor's Offensive Playbook for Bankruptcy Recovery

Most attorneys see a bankruptcy notice as a "Case Closed" sign. They worry about the automatic stay, fear preference clawbacks, and assume their clients will only get pennies on the dollar. But for the informed practitioner, bankruptcy is a court of equity where aggressive, tactical maneuvers can jump you to the front of the line. This course will help you move from defense to offense, providing the exact tools needed to maximize recovery in Chapters 7, 11, and 13. Register today!

  • Draft stay relief motions that survive scrutiny.
  • Discover safe harbors to defeat preference demand letters.
  • Execute credit bids to seize control of collateral.
  • Audit proof of claims to prevent mistakes and omissions.
  • Identify red flags that indicate the debtor's plan is not feasible.

Abbreviated Agenda

  1. Pre-Bankruptcy Creditor Tactics
  2. The Automatic Stay - Neutralizing the "Stop Sign"
  3. The Proof of Claim and Secured Status
  4. Defeating Clawbacks - Preference and Fraudulent Transfer Defense
  5. Chapter 11 and Subchapter V - Navigating the Business Case
  6. Asset Sales (363) and Plan Objections
  7. Legal Ethics for Creditor Counsel in Bankruptcy Proceedings

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Related Topics

Product ID 102182

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Pre-Bankruptcy Creditor Tactics

    1. Ordinary Payments Protected Under
    2. Properly Documenting Secured Debt
    3. Properly Recording a Lien in Time to Make It Enforceable
    4. Co-Signed Debtor Protections and Liability
    5. Objecting to Exemptions

  2. The Automatic Stay - Neutralizing the "Stop Sign"

    1. Accidental Stay Violations and the Willfulness Trap
    2. Exceptions: Post-Petition Payments and Void vs. Voidable Transfers
    3. Cause for Relief: The Asset is Wasting or Uninsured
    4. The Comfort Order and Serial Filers

  3. The Proof of Claim and Secured Status

    1. Identifying Debtor's Ability to Pay: Priority Claims, Financial Statements, etc.
    2. Assembling Documents to Objection-Proof Your Claim
    3. Valuation Disputes: Winning the Appraisal Battle in a 506 Hearing
    4. Reclamation and Priority Goods: Maximizing 503(b)(9) Administrative Expense Claims
    5. Statutory Requirements for Reaffirmation
    6. Debt Discharge vs. Lien

  4. Defeating Clawbacks - Preference and Fraudulent Transfer Defense

    1. Preference Elements: Spotting Weaknesses in the Trustee's Rule 547(b) Insolvency Argument
    2. Ordinary Course Defense: Subjective vs. Objective Tests to Prove Payment Consistency
    3. The New Value Defense: Offsetting Preference Exposure With Later Shipments
    4. Intentional vs. Constructive Fraud: Defending Reasonable Equivalent Value in Asset Transfers

  5. Chapter 11 and Subchapter V - Navigating the Business Case

    1. Critical Vendors: Securing 100% Pre-Petition Payment
    2. Subchapter V Cramdown Risks: Navigating Small Business Speed
    3. Executory Contracts and Leases: Forcing Assumption and Cure
    4. Cash Collateral Objection: Securing Post-Petition Liens

  6. Asset Sales (363) and Plan Objections

    1. Asset Sales: Executing the Credit Bid
    2. Best Interests Test: Proving Liquidation Value Is Higher Than the Plan Payout
    3. Attacking Feasibility: Debunking Debtor Projections
    4. Absolute Priority Rule Violations: Blocking Equity Retention at the Expense of Creditor Interests

  7. Legal Ethics for Creditor Counsel in Bankruptcy Proceedings

    1. Conflicts of Interest When Representing Multiple Creditors
    2. Communicating With Third Parties
    3. Engagement Agreements, Flat Fees, and Scope of Representation
    4. The Ethics of Multi-Jurisdictional Practice

Who Should Attend

This legal course is designed for attorneys. Creditors, trustees, and paralegals will also benefit.

Speakers

Richard S Feinsilver
Richard S.
Feinsilver
Richard Feinsilver Esq.
Joseph A Ferrise
Joseph A.
Ferrise
Office of the Chapter 13 Trustee
Ronald I Chorches
Ronald I.
Chorches
Law Offices of Ronald I. Chorches, LLC
Michael R Hogue
Michael R.
Hogue
Greenberg Traurig, LLP
William J Amann
William J.
Amann
Amann Burnett, PLLC
Speaker bio
Richard S Feinsilver

Richard S. Feinsilver

Richard Feinsilver Esq.
Richard 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.

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Speaker bio
Joseph A Ferrise

Joseph A. Ferrise

Office of the Chapter 13 Trustee
Joseph Ferrise

is a staff attorney at the Office of the Chapter 13 Trustee in Akron, Ohio. He also is an adjunct professor at the University of Akron. Mr. Ferrise earned his B.A. degree from the University of Akron and his J.D. degree from the University of Akron School of Law.

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Speaker bio
Ronald I Chorches

Ronald I. Chorches

Law Offices of Ronald I. Chorches, LLC
Ronald Chorches

is the principal of the Law Offices of Ronald I. Chorches, LLC, in Wethersfield, Connecticut. He is appointed to the Panel of Chapter 7 Standing Trustees, U.S. Bankruptcy Court, District of Connecticut. Mr. Chorches has limited his practice to bankruptcy law, bankruptcy litigation, workouts, commercial litigation, and creditors' rights since 1991. He has lectured before legal and business groups on bankruptcy law and foreclosure law. Mr. Chorches is a member of the American Bankruptcy Institute, the National Association of Bankruptcy Trustees and the Chapter 13 Trustee Bankruptcy Association. He is a member of the Commercial Law and Bankruptcy sections of the Connecticut Bar Association, and the Commercial Law Section of the American Bar Association. Mr. Chorches earned his B.A. degree from Skidmore College and his J.D. degree from Western New England College, School of Law.

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Speaker bio
Michael R Hogue

Michael R. Hogue

Greenberg Traurig, LLP
Michael Hogue

maintains a multi-disciplinary construction practice providing representation to owners, developers, and major corporations in all aspects and phases of construction and project development in the real estate industry. His practice provides an integrated "one-stop-shop" for a broad cross-section of public and private sector clients in due diligence, transactions, tenant buildouts, project oversight and management, regulatory compliance, disputes, litigation, and restructuring/bankruptcy matters.

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Speaker bio
William J Amann

William J. Amann

Amann Burnett, PLLC
William 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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