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Overview
Bankruptcy is complex. This course makes it manageable.
Bankruptcy matters land on legal desks every day, but without a solid grounding in the process, even experienced attorneys can find themselves scrambling. From initial client intake to final discharge or plan confirmation, bankruptcy law demands precision, tight deadlines, and a command of competing creditor interests that can shift at any stage of the case. This 6-hour foundational program covers the full lifecycle of a bankruptcy matter: from the structure of the Bankruptcy Code through Chapter 7 liquidation, Chapter 13 reorganization, the automatic stay, claims, discharge, and ethics. Whether you are new to bankruptcy work or need a thorough refresher, you will leave with the practical framework to handle cases with confidence. Register today!
- Master the core differences among Chapters 7, 11, and 13: eligibility, goals, and procedures.
- Navigate the automatic stay, exemptions, and the claims process with confidence.
- Apply Chapter 13 plan confirmation standards and handle common plan issues.
- Spot discharge and dischargeability problems before they become case-ending surprises.
- Avoid the procedural and ethical pitfalls that trip up attorneys new to bankruptcy practice.
Abbreviated Agenda
- Foundations of U.S. Bankruptcy Law
- Case Intake and Early Stage Tactics
- Chapter 7: Liquidation Bankruptcy
- The Automatic Stay
- Claims and the Creditor Process
- Chapter 13: Reorganization for Individuals
- Discharge and Dischargeability
- Introduction to Chapter 11 Reorganization
- Ethics, Professionalism, and Practical Pitfalls in Bankruptcy Practice
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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 |
| Louisiana 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 |
|
7 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
-
Foundations of U.S. Bankruptcy Law
- Overview of the Bankruptcy Code: Title 11 and Its Core Chapters
- The Bankruptcy Court System: Jurisdiction, Procedure, and Key Players
- Policy Goals: Fresh Start, Equitable Distribution, and Creditor Protections
- Voluntary vs. Involuntary Bankruptcy: When and How Each Applies
- The Role of the Trustee and the U.S. Trustee Program
-
Case Intake and Early Stage Tactics
- Initial Client Interview
- Choosing the Chapter
- Credit Counseling
- Emergency Filings
- Outlining Case Milestones and Deadlines
-
Chapter 7: Liquidation Bankruptcy
- Who Qualifies: The Means Test and Eligibility Analysis
- The Automatic Filing Process and Required Documentation
- The Bankruptcy Estate: What Is Included and What Is Excluded
- Exemptions: Federal vs. State Schemes, Opt-Out States, and Practical Application
- Trustee's Role in Asset Liquidation and Distribution
- Secured, Unsecured, and Priority Claims: Classification and Payment Waterfall
-
The Automatic Stay
- Scope of the Stay: What It Covers and When It Takes Effect
- Exceptions to the Stay Under 11 U.S.C. Section 362(b)
- Relief From the Stay: Grounds, Procedure, and Strategic Considerations
- Co-Debtor Stay in Chapter 13 Cases
- Automatic Stay Violations: Consequences and Remedies
-
Claims and the Creditor Process
- Proof of Claim: Filing Requirements, Deadlines, and Bar Dates
- Secured vs. Unsecured Claims: Treatment Differences and Lien Avoidance
- Priority Claims Under 11 U.S.C. Section 507
- 341 Meeting
- Objecting to Claims: Grounds, Procedure, and Burden of Proof
- Preference and Fraudulent Transfer Actions: The Trustee's Avoidance Powers
-
Chapter 13: Reorganization for Individuals
- Who Benefits From Chapter 13 vs. Chapter 7: A Practical Comparison
- The Chapter 13 Plan: Structure, Payment Requirements, and Drafting Basics
- Confirmation Standards: The Best Interest Test, Disposable Income, and Feasibility
- Treating Secured Creditors in the Plan: Cramdown, Strip-Off, and Cure and Maintain
- Modifying a Confirmed Plan and Handling Plan Defaults
- Chapter 13 Discharge: What Is Covered and What Is Not
-
Discharge and Dischargeability
- The Chapter 7 Discharge: Timing, Scope, and Effect
- Grounds for Denial of Discharge Under 11 U.S.C. Section 727
- Non-Dischargeable Debts Under 11 U.S.C. Section 523: The Full List
- Adversary Proceedings: Challenging Dischargeability in Contested Cases
- Reaffirmation Agreements: Requirements, Risks, and Ethical Considerations
-
Introduction to Chapter 11 Reorganization
- Chapter 11 vs. Chapter 13: When Business Reorganization Is the Right Tool
- The Debtor in Possession: Rights, Duties, and Limitations
- Small Business Debtor and Subchapter V: The SBRA Framework
- Overview of the Disclosure Statement and Plan of Reorganization
- Confirmation Requirements and the Cramdown Alternative
-
Ethics, Professionalism, and Practical Pitfalls in Bankruptcy Practice
- Attorney Duties to Debtor Clients: Competence, Candor, and Conflicts of Interest
- Bankruptcy Petition Preparers: Authorized Roles and UPL Risks
- Fee Disclosure Requirements and Sanctions Under 11 U.S.C. Section 329
- Dealing With Pro Se Debtors and Self-Represented Creditors
- Common Mistakes New Bankruptcy Attorneys Make -- and How to Avoid Them
- Ethical Issues in Creditor Representation: Dual Roles and Conflicts
Who Should Attend
This program is designed for attorneys. It is particularly valuable for general practitioners handling their first bankruptcy matters, attorneys expanding into consumer or small business bankruptcy, and litigators who encounter bankruptcy issues in the context of collection, real estate, or commercial disputes. Paralegals supporting bankruptcy practices and financial professionals working alongside bankruptcy counsel will also benefit.
Speakers
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
Michael R. 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.
Speaker bio
Gaston P. Loomis
is a partner in the Wilmington, Delaware office of McElroy, Deutsch, Mulvaney & Carpenter, LLP and an attorney in the firm's bankruptcy and restructuring group. In bankruptcy, he represents secured and unsecured creditors, trustees and debtors. Mr. Loomis has also handled claims and protected the rights of sureties and insurance companies in both contested matters and adversary proceedings in a number of Chapter 11 and Chapter 7 cases. He has a broad litigation background and has handled cases for both plaintiffs and defendants in federal and state court. In commercial surety, this includes representing owners, general and subcontractors, as well as insurance and surety companies in construction defect matters. Mr. Loomis also has experience in handling matters involving product liability, personal injury tort, negligence, conversion, and breach of contract. Prior to joining the firm, he managed the Delaware office of a firm specializing in the mortgage default industry. There, Mr. Loomis represented banks and mortgage service companies in foreclosures, evictions and related litigation proceedings. He graduated from the University of Virginia School of law and is licensed to practice law in the states of Delaware, Pennsylvania, New Jersey, New York and Georgia. Mr. Loomis is a member of the Delaware State Bar Association, Delaware Bankruptcy American Inn of Court, and Fidelity and Surety Law Indemnity Subcommittee of the American Bar Association.
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 the performance, technical, and business side of the music industry.
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