Bankruptcy, Foreclosure & Collection Law

4.5

Bankruptcy: The Ultimate Guide to Chapter 7 and 13

Credits Available
Credit Status Total
Alaska 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
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands 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 6 Total
Vermont CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 58 minutes
Joshua Burnett
William Amann
With Joshua Burnett from Amann Burnett, PLLC + 1 other
Recorded March 12, 2024
Product ID 98108

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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

  1. Utilizing the Client Intake Interview
  2. Working Through the Means Test
  3. Preparing the Bankruptcy Filing
  4. Planning the 341 Meeting
  5. Understanding the Automatic Stay
  6. Drafting Chapter 13 Repayment Plans
  7. Reviewing Ethics

Related Topics

Product ID 98108

Credit Details

Credits Available
Credit Status Total
Alaska 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
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands 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 6 Total
Vermont CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Utilizing the Client Intake Interview

    1. Is Credit Counseling an Alternative?
    2. Documents to Request Right Away
    3. Questions to Ask in the Initial Interview
    4. Explaining the Process and Bankruptcy Options to Your Client
    5. Helping Your Client Determine Which Chapter to File
    6. Rules for Setting Up Retainer Agreements

  2. Working Through the Means Test

    1. Exempt vs. Non-Exempt Property
    2. Allowable Expenses
    3. How to Determine the Debtor's Income
    4. Is Your Client's Income More Than the Median?
    5. What Happens if Your Client Does Not Pass the Means Test?
    6. Common Mistakes to Avoid
    7. Communicating with the U.S. Trustee

  3. Preparing the Bankruptcy Filing

    1. Checklist of Filing Procedures
    2. What Schedules to File
    3. The Bankruptcy Petition
    4. Statement of Financial Affairs
    5. Monthly Budget
    6. Property and Debt Listings
    7. Pros and Cons of Electronic Filing
    8. Filing Do's and Don'ts

  4. Planning the 341 Meeting

    1. Purpose of the Meeting
    2. Who Should Attend
    3. Questions to Expect and Prepare for
    4. Proofs of Claim

  5. Understanding the Automatic Stay

    1. Broad Scope of the Automatic Stay
    2. Mortgage Servicing Issues
    3. Motion for Lift of Stay: How, Why You Can Request it
    4. Monetary Sanctions for Automatic Stay Violation Where Notice is Lacking
    5. Terminating the Stay
    6. Harassment Issues

  6. Drafting Chapter 13 Repayment Plans

    1. What is the Best Timeline for Your Client?
    2. When Conversion to Chapter 7 is Applicable
    3. How to Enforce and Modify Plans
    4. Standards of Confirmation
    5. Role of Exemptions in Chapter 13
    6. Best Interests of Creditors Test and Best Efforts Test
    7. Payment of Priority Claims and Secured Claims on Personal Property
    8. Lien Stripping
    9. Structuring Payments - A Case Study
    10. Negotiating Plan Payments with the Trustee
    11. Plan Confirmation and Modifications

  7. Reviewing Ethics

    1. Charging Attorneys' Fees
    2. Misrepresentation
    3. Intermingling Activities of Collection Agency and Attorney
    4. Avoiding Violations of the Discharge Injunction
    5. Zealous Advocacy vs. Candor with the Court
    6. 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

Joshua Burnett
Joshua
Burnett
Amann Burnett, PLLC
William J Amann
William J.
Amann
Amann Burnett, PLLC
Speaker bio
Joshua Burnett

Joshua Burnett

Amann Burnett, PLLC
Joshua Burnett

is a partner with Amann Burnett, PLLC. He represents both plaintiff and defendant clients in state and federal court in variety of civil matters, including business, partnership and other contract disputes, real estate and mortgage disputes, consumer protection, and foreclosure defense. In addition to his present areas of concentration, Mr. Burnett has a background in mortgage foreclosure, landlord/tenant, probate law and family law. He also teaches bankruptcy law and creditor's rights at Massachusetts School of Law, and has contributed to Massachusetts continuing legal education programs on bankruptcy-related topics. Mr. Burnett has been recognized as a Rising Star in consumer bankruptcy by Super Lawyer in 2017, 2018 and 2019. He is a graduate of the University of Massachusetts Lowell and of the Massachusetts School of Law. Mr. Burnett is also an accomplished pianist and played music professionally for many years.

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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, he served as legal counsel to a Chapter 7 bankruptcy trustee for the District of New Hampshire. In addition, Mr. Amann 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. He served on the Board of Directors for the City of Manchester's Public Library Literacy Fund for two years, starting in 2009. Mr. Amann 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. He regularly speaks before professional and trade groups on the topics of bankruptcy, creditors' rights and real estate. Prior to practicing law, Mr. Amann was employed by Fidelity Investments as a trade resolution specialist and by Ford Motor Credit Company as an account executive and branch legal liaison. He is a former police officer. Mr. Amann earned his B.A. degree from Saint Anselm College and his J.D. degree from Massachusetts School of Law.

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