Bankruptcy, Foreclosure & Collection Law

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The Foreclosure-Bankruptcy Playbook: What Both Sides Need to Know

Credits Available
Credit Status Total
California MCLE Paralegal Approved 6 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 Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana 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 Pending 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 Approved 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
Delaware Certified Paralegal Program Approved 6 Total
Florida Registered Paralegal Approved 7 Total
Indiana Paralegal CLE Approved 6 Total
Montana CLE Credit for Paralegals Approved 6 Total
North Carolina Continuing Paralegal Education Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Ohio Certified Paralegals Approved 6 Total
NFPA Approved 0 Total
Texas State Bar of Paralegal Division Approved 6 Total
Live Online
6 hours
Trev Peterson
Joseph Ferrise
Molly Simons
Robert Meyer
With Trev E. Peterson from Knudsen Law Firm + 3 others

Fri, Nov 06, 00:00 AM – 00:00 PM

Product ID 102670

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Overview

One case, two systems. When the petition is filed, can you protect your client?

When bankruptcy and foreclosure intersect, the legal dynamic changes instantly. While a pending foreclosure remains subject to state law, the automatic stay immediately halts or alters the process. For foreclosure attorneys, this introduces motions for relief from stay and Chapter 13 cure provisions; for bankruptcy attorneys, it requires a firm grasp of state foreclosure timelines and sale procedures to effectively protect clients.

This practical program examines how bankruptcy and foreclosure interact, the differing outcomes of Chapter 7 and Chapter 13, how mortgage arrears are cured, how courts evaluate stay-relief motions, and how to coordinate the timing of both proceedings. Register today!

  • Understand exactly what the automatic stay does to a pending foreclosure and what it doesn't.
  • Tell at a glance whether Chapter 7 or Chapter 13 will delay, stop, or merely postpone the sale.
  • Follow how a Chapter 13 plan cures mortgage arrears and what keeps the home in play.
  • Bring or defend a motion for relief from stay and recognize the standing and evidentiary failures that sink them.
  • Time and sequence the foreclosure and bankruptcy tracks, and coordinate with counsel on the other side.

Abbreviated Agenda

  1. The Foreclosure-Bankruptcy Intersection: How the Two Systems Meet
  2. The Automatic Stay in Depth
  3. Chapter 7 vs. Chapter 13: Very Different Outcomes for the Home
  4. Curing Arrears and the Chapter 13 Plan
  5. Valuation, Claims, and Lien Treatment
  6. Relief from Stay: Winning and Defending the Motion
  7. Putting It Together: A Case-Study Walkthrough

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Watch the recording of this event on your own schedule. We'll notify you when its ready.

Related Topics

Product ID 102670

Credit Details

Credits Available
Credit Status Total
California MCLE Paralegal Approved 6 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 Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana 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 Pending 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 Approved 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
Delaware Certified Paralegal Program Approved 6 Total
Florida Registered Paralegal Approved 7 Total
Indiana Paralegal CLE Approved 6 Total
Montana CLE Credit for Paralegals Approved 6 Total
North Carolina Continuing Paralegal Education Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Ohio Certified Paralegals Approved 6 Total
NFPA Approved 0 Total
Texas State Bar of Paralegal Division Approved 6 Total
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Agenda

All times are shown in

  1. The Foreclosure-Bankruptcy Intersection: How the Two Systems Meet

    1. State Foreclosure Overview: Judicial vs. Non-Judicial Process and the Sale Timeline
    2. What Changes the Instant a Petition is Filed and What Stays Governed by State Law
    3. Mapping the Two Parallel Tracks: Who Decides What, and in Which Forum
    4. Spotting the Intersection Early, From Both the Foreclosure and Bankruptcy Sides

  2. The Automatic Stay in Depth

    1. How the Stay Halts a Foreclosure - Even a Sale Scheduled for the Same Day
    2. Scope of the Stay: What It Covers, Key Exceptions, and Post-Petition Acts
    3. Stay Violations: Sanctions, Actual and Punitive Damages, and How They Arise
    4. Repeat-Filer Limits: When the Stay is Shortened, Terminated, or Never Arises
    5. The Co-Debtor Stay and Its Effect on Guarantors and Co-Owners

  3. Chapter 7 vs. Chapter 13: Very Different Outcomes for the Home

    1. Chapter 7: Temporary Delay, Discharge of Personal Liability, and Why the Lien Survives
    2. Reaffirmation, Redemption, and Surrender in Chapter 7
    3. Chapter 13: Curing Arrears Over a 3-5 Year Plan While Keeping the Home
    4. Why Post-Petition Payments Must Continue, and What Happens if They Don't
    5. Eligibility, the Means Test, and Conversion or Dismissal (and What Each Means for the Foreclosure)

  4. Curing Arrears and the Chapter 13 Plan

    1. How Arrears, Late Fees, and Servicer Costs are Treated in the Plan
    2. The Cure-and-Maintain Structure and Mortgage Payment Changes During the Case
    3. Bankruptcy Loss-Mitigation and Mortgage-Modification Programs
    4. Plan Confirmation Requirements and Common Objections
    5. How State-Law Cure and Reinstatement Rights Interact With Bankruptcy Cure Rights

  5. Valuation, Claims, and Lien Treatment

    1. Proof of Claim: Filing, Reviewing, and Objecting (and Common Overcharges to Catch)
    2. Section 506 Valuation and Establishing Property Value Through Appraisal
    3. Lien Stripping of Wholly Unsecured Junior Mortgages: Requirements and the Wholly-Unsecured Test
    4. The Nobelman Antimodification Rule and Why the First Mortgage Can't be Modified
    5. Cramdown on Non-Principal-Residence Property, and the “Chapter 20” Wrinkle

  6. Relief from Stay: Winning and Defending the Motion

    1. Grounds for Relief: Lack of Adequate Protection, no Equity, not Necessary for Reorganization
    2. Standing and Evidentiary Proof, the Same Chain-of-Title Issues You Know From Foreclosure Defense
    3. How Debtors Oppose: Adequate Protection Payments and Curing the Post-Petition Default
    4. Conditional Orders, Drop-Dead Provisions, and in Rem Relief
    5. What Happens to the Foreclosure Once Relief is Granted

  7. Putting It Together: A Case-Study Walkthrough

    1. Working a Single Matter From Default Through Filing, Plan, and Resolution
    2. Decision Points From Both the Foreclosure and Bankruptcy Chair
    3. Common Mistakes That Cost the Home - or the Sale - and How to Avoid Them
    4. Practical Checklists and Takeaways for the First Weeks After a Petition

Who Should Attend

This program is designed for attorneys. Paralegals and legal assistants who support foreclosure, bankruptcy, creditors' rights, or real estate practices will benefit substantially. It is built for practitioners on both sides of the intersection - foreclosure attorneys (creditor/servicer-side and homeowner-side), consumer bankruptcy attorneys, and real estate and creditors' rights practitioners - who handle matters where a foreclosure and a bankruptcy collide and need working command of both systems.

Speakers

Trev E Peterson
Trev E.
Peterson
Knudsen Law Firm
Joseph A Ferrise
Joseph A.
Ferrise
Office of the Chapter 13 Trustee
Molly Simons
Molly
Simons
MDK Legal
Robert C Meyer
Robert C.
Meyer
Robert C. Meyer PA
Speaker bio
Trev E Peterson

Trev E. Peterson

Knudsen Law Firm
Trev 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.

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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
Molly Simons

Molly Simons

MDK Legal
Molly Simons

is a senior attorney with MDK Legal focusing on bankruptcy matters in Ohio and Kentucky, including mortgage and vehicle claims. Her experience includes bankruptcy litigation, claim drafting and defense, Chapter 13 proceedings, jurisdictional research and creditor representation. Ms. Simons brings a combination of technical knowledge and practical insight, having spent years on both the debtor and creditor sides. After ten years of working as a debtor's counsel, she changed course and began working for creditors in 2018. Now at MDK, Ms. Simons brings with her extensive experience across 16 federal courts. She earned her J.D. degree from Cleveland State University College of Law and graduated cum laude from Kent State University, where she studied hospitality and restaurant management. Ms. Simons is admitted to practice in Ohio, Kentucky, West Virginia, Michigan, District of Wisconsin, U.S.Districtt Court for the District of Colorado, U.S. District Court for the Southern, Central and Northern districts of Illinois, U.S. District Court for the Southern and Northern districts of Indiana, U.S. District Court for the Eastern and Western districts of Kentucky, U.S. District Court for the Eastern and Western districts of Michigan, U.S. District Court for the Southern and Northern districts of Ohio, U.S. District Court for the Southern and Northern districts of West Virginia, and U.S. District Court for the Eastern and Western districts of Wisconsin.

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Speaker bio
Robert C Meyer

Robert C. Meyer

Robert C. Meyer PA
Robert Meyer

is a sole practitioner in Miami, where he focuses his practice in the areas of commercial litigation, bankruptcy, and taxation. A former adjunct professor teaching bankruptcy taxation in the LL.M. taxation program at the University of Miami Law School, he has written and co-written a number of publications, including "Accelerated Payment in Chapter 13 = Modification," The Florida Bar Journal, Nov. 2011, Vol 85, No. 9; "Bankruptcy Service of Process is Complex and Confusing," NABTalk, Fall 2012, Volume 28, No. 3; and "Divorce Issues in Bankruptcy Often Make Handling Divorce Matters Advantageous," ABI Committee News (Consumer Bankruptcy Committee), February 2017. Mr. Meyer earned his B.A. degree from Grinnell College and his J.D. and LL.M. degrees from the University of Miami. He is a member of the Coral Gables, Miami-Dade County, and American bar associations; The Florida Bar (member, sections on Business and Tax); Association of Trial Lawyers of America; Bankruptcy Bar Association for the Southern District of Florida; National Association of Bankruptcy Trustees; National Association of Consumer Bankruptcy Attorneys; and American Bankruptcy Institute.

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