Bankruptcy, Foreclosure & Collection Law

4.42

Bankruptcy: Obtaining Relief From Stay

Credits Available
Credit Status Total
Alaska CLE Approved 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Upon Request 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Upon Request 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Utah CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
OnDemand
2 hours 57 minutes
Joshua Burnett
With Joshua Burnett from Amann Burnett, PLLC
Recorded November 22, 2024
Product ID 99365

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Overview

The Rules and Tactics of Pursuing Debt Through Bankruptcy

Bankruptcy rules provide filers with powerful creditor protections while bankruptcy claim is being filed and considered. This legal course outlines the limitations imposed on creditors seeking to collect a debt. it also maps out the essential process of obtaining relief from automatic stay. Get tools to confidently represent clients seeking or opposing relief from the automatic stay in bankruptcy cases: from initial reasons and notice, through motion hearings. Register today!

  • Gain a thorough understanding of the rules, purpose, scope, and exceptions of automatic stay.
  • Explore common scenarios where creditors seek relief from stay, including foreclosure, repossession, and eviction.
  • Craft winning motions: delve into specific requirements, analyze relevant code sections, and review sample language.
  • Get effective strategies for relief motion hearings. 

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

Abbreviated Agenda

  1. Introduction to the Automatic Stay
  2. Reasons for Seeking Relief
  3. Preparing and Filing the Motion (With Sample Language)
  4. Hearings on Relief From Stay

Related Topics

Product ID 99365

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Upon Request 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Upon Request 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Utah CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Introduction to the Automatic Stay

    1. What is the Automatic Stay and Why Does it Exist?
    2. Statutory Basis (362)
    3. Scope of Actions the Stay Covers
    4. What is NOT Covered by the Automatic Stay
    5. When Does the Automatic Stay End?

  2. Reasons for Seeking Relief

    1. Foreclosure, Repossession, and Sale of Secured Property
    2. Eviction of Tenants
    3. Proceed With Property Division in Domestic Relations Proceeding
    4. Proceed With State or Federal Court Actions Affecting Dischargeability

  3. Preparing and Filing the Motion (With Sample Language)

    1. Requirements of the Motion - What Facts Need to be Pled?
      1. 362(d)(1) - for Cause
      2. 362(d)(2) - Lack of Equity and not Necessary for Reorganization
    2. Notice of Motion 
    3. Servicemember Civil Relief Action (SCRA) Affidavit Required
      1. Where to Verify Military Status
      2. Contents of Affidavit
    4. Filing Fees
    5. Service Requirements - Who is Served and How, a Short Primer on 9014 and 7004
    6. Sample Motions Language Review 

  4. Hearings on Relief From Stay

    1. Preparation
      1. Meet and Confer
      2. Witness and Exhibit Lists
    2. Preliminary Hearing and Offers of Proof
    3. Final Hearing
      1. Exhibits, What Will You Need?
      2. Witnesses, What Testimony do You Need to Procure?

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Speakers

Joshua Burnett
Joshua
Burnett
Amann Burnett, PLLC
Speaker bio
Joshua Burnett

Joshua Burnett

Amann Burnett, PLLC
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. He 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, Mr. Burnett 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. Mr. Burnett 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 in the performance, technical, and business side of the music industry.

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