Bankruptcy, Foreclosure & Collection Law

4.67

Chapter 13 Bankruptcy: Top Repayment Plan Issues

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
Florida CLE Approved 7 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
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania 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
OnDemand
5 hours 52 minutes
Gaston Loomis
Troy Fox
Tara Gaschler Salinas
With Gaston P. Loomis from McElroy Deutsch + 2 others
Recorded September 16, 2024
Product ID 98995

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Overview

Tackle Critical Chapter 13 Pain Points

At the heart of every Chapter 13 case is the repayment plan. It is a fragile balancing act of structuring the finances that have been stretched to the limit already to make room for sufficient creditor repayment while leaving the debtor enough resources to realistically stick to the plan. An overlooked bill can send it crashing into Chapter 7. In this practical troubleshooting guide, experienced faculty share their stories of plans gone awry and red flags missed and share their tactics for keeping the case on track. Gain valuable insights into confirmation challenges, post-confirmation modifications, exit options, creditors' tactics, and more. Build your skills - register today!

  • Gain insights into overcoming feasibility hurdles, maximizing distributions to creditors, and navigating cramdowns and strip-offs for confirmation.
  • Adjust for post-confirmation income and expense fluctuations and address motions for relief of stay.
  • Explore common (and creative) approaches to challenging the plan.
  • Review the latest case law shaping Chapter 13 practice and identify growing case trends.
  • Learn how generative AI can be used to analyze plans to spot budget holes and to write first drafts of motions.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Tara Salinas.

Abbreviated Agenda

  1. Confirmation Challenges
  2. Post-Confirmation Modification
  3. Options for Exiting Chapter 13
  4. Creditors' Tactics: Issue Spotting, Challenging the Plan
  5. Using AI in Bankruptcy Practice
  6. Legal Ethics Issues in Chapter 13 Bankruptcy

Related Topics

Product ID 98995

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
Florida CLE Approved 7 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
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania 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
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Confirmation Challenges

    1. Feasibility
    2. Minimum Distribution to Creditors
    3. Cramdowns and Strip-Offs
    4. Adequate Protection
    5. Step-Ups in Plan Payments
    6. How to and Why You May Want to Pay Priority Claims Outside the Plan
    7. Addressing Student Loans
    8. Illustrative Case Law

  2. Post-Confirmation Modification

    1. Income Expenses Fluctuation
    2. Motions for Relief of Stay and Motions to Dismiss
    3. Obtaining New Debt
    4. Sale of Secured Property
    5. Inheritances, Personal Injury Recoveries, and Other Reportable Events
    6. Post-Petition Tax Debt
    7. Relevant Case Law

  3. Options for Exiting Chapter 13

    1. Discharge
    2. Conversion to Chapter 7
    3. Hardship Discharge
    4. Dismissal

  4. Creditors' Tactics: Issue Spotting, Challenging the Plan

    1. Proof of Claim Issues
    2. Challenging the Payment Plan - Common Grounds
      1. Proving Lack of Adequate Protection
      2. Improper Classification of Your Claim
      3. Feasibility
    3. When to Use Motions to Dismiss vs. Motions for Relief of Stay
    4. Post-Confirmation Tactics

  5. Using AI in Bankruptcy Practice

  6. Legal Ethics Issues in Chapter 13 Bankruptcy

    1. Duties and Obligations to Debtors After the Plan is Confirmed
    2. Attorney Fees and Fee Applications
    3. The Ethics of Walking Away From the Client, Unbundling
    4. Budget Planning Obligations to the Client (Feasibility of Plan)
    5. Guarding Privacy and Confidentiality, Redacting Personally Identifiable Information
    6. Having the Tough Conversations With Clients

Who Should Attend

This legal course is designed for attorneys in the consumer bankruptcy field. Others who may benefit include credit analysts, bankruptcy coordinators, and paralegals.

Speakers

Gaston P Loomis
Gaston P.
Loomis
McElroy Deutsch
Troy Fox
Troy
Fox
Fox, Imes & Crosby
Tara Gaschler Salinas
Tara
Gaschler Salinas
Salinas Law Group LLC
Speaker bio
Gaston P Loomis

Gaston P. Loomis

McElroy Deutsch
Gaston 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 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.

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Speaker bio
Troy Fox

Troy Fox

Fox, Imes & Crosby
Troy Fox

is a partner in the firm of Fox, Imes & Crosby. He has extensive bankruptcy experience in Chapter 7 and 13 cases. Mr. Fox has handled arguments before the Nevada Supreme Court and the Ninth Circuit B.A.P. on bankruptcy related issues. He has been involved in the Nevada Foreclosure Mediation Program since it first started in 2009. The firm has handled more than 200 mediation cases, representing home owners and helping stop foreclosures. Mr. Fox also has been helping his clients take advantage of the Mortgage Mediation Modification program that the Nevada Bankruptcy Court started. He has served three times on the Bankruptcy Local Rules Committee in his district. Mr. Fox has published a short book on bankruptcy titled Don't Lose Your Shirt In Sin City. He has served as a Chapter 7 Panel Trustee for the District of Nevada in Las Vegas going on five years. Mr. Fox earned his B.A. degree from Brigham Young University and his J.D. degree from the University of Nevada Las Vegas, William S. Boyd School of Law.

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Speaker bio
Tara Gaschler Salinas

Tara Gaschler Salinas

Salinas Law Group LLC
Tara Gaschler Salinas

is a founding and managing member of Salinas Law Group LLC, a Denver, Colorado law firm specializing in complex Chapter 7 and Chapter 13 cases, bankruptcy litigation, and appeals. Ms. Salinas has served as the vice chairman of the Bankruptcy Local Rules Committee for the District of Colorado. She has also served as a member of two merit selection panels for the Tenth Circuit, evaluating candidates for bankruptcy judicial positions in the District of Colorado. Ms. Salinas graduated from the University of Colorado School of Law. She is a regular panelist for local, regional and national seminars.

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