Attorney’s Guide to Preparing a Bankruptcy Filing: Which chapter to file, completing forms, and a comprehensive overview of exemptions, lien stripping, reaffirmations and more

Session I – Quick Bankruptcy Tour – William J. Amann, and Josh Burnett

This course, presented by two recognized bankruptcy attorneys, will provide a comprehensive overview of exemptions, mortgage lien stripping and avoidance, reaffirmations, motions for relief, plans and objections, discharges and confirmation, and much more.

Key topics to be discussed:

• Exemptions, mortgage lien stripping and avoidance
• Reaffirmation Agreements
• Motions for Relief
• Plans and Objections
• Discharge and Confirmation
• Preferences and Defenses
• Student Loans
• Important Caselaw
• Subchapter V

Session II – Overview of the Three Primary Chapters – Raymond H. Aver

Should a bankruptcy be filed? If so, what chapter of the Bankruptcy Code should be utilized? This session will include a general overview of the three primary chapters of the Bankruptcy Code: Chapter 7, Chapter 11 and Chapter 13. An introduction to Subchapter V of Chapter 11 will also be provided. The applicability, benefits and potential detriments of filing under each of the chapters will be discussed.

Key topics to be discussed:

• Should a bankruptcy be filed?
• General overview of the three primary chapters of the Bankruptcy Code: Chapter 7, Chapter 11 and Chapter 13
• Introduction to Subchapter V of Chapter 11
• Applicability, benefits, and potential detriments of filing under each of the chapters

Session III – Preparing the Bankruptcy Filing – Raymond H. Aver

The preparation of the various bankruptcy forms that typically accompany the bankruptcy petition are the foundation upon which the bankruptcy case rests. Failure to properly assist the client in preparing the forms may result in the denial of the client’s discharge and even a malpractice claim against the attorney. What is the attorney’s duty of investigation? A checklist for filing a voluntary chapter 7 case and a chapter 13 case will be provided and discussed. The do’ s and don’ts when filing bankruptcy petitions will also be addressed.

Key topics to be discussed:

• What is the attorney’s duty of investigation?
• Checklist for filing a voluntary chapter 7 case and a chapter 13 case
• The do’ s and don’ts when filing bankruptcy petitions

Session IV – Legal Ethics – Raymond H. Aver

The ethical obligations and rules applicable in bankruptcy cases will be covered in this session. Among the topics to be discussed will be the role of attorneys in bankruptcy cases: as representative and fiduciary of the client; as a fiduciary for creditors; as representative of the interests of the bankruptcy estate; and as an officer of the court. Disclosure requirements for attorneys and compensation for attorneys will also be addressed.

Key topics to be discussed:

• The ethical obligations and rules applicable in bankruptcy cases
• The role of attorneys in bankruptcy cases
  • As representative and fiduciary of the client
  • As a fiduciary for creditors
  • As representative of the interests of the bankruptcy estate
  • As an officer of the court
• Disclosure requirements for attorneys and compensation for attorneys

Date / Time: October 19, 2022

• 12:00 pm – 5:40 pm Eastern
• 11:00 am – 4:40 pm Central
• 10:00 am – 3:40 pm Mountain
• 9:00 am – 2:40 pm Pacific

Closed-captioning available