Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
What You Will Learn
In the recently enacted Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Congress made substantial revisions to the Bankruptcy Code and related statutes, most of which will take effect in all cases filed on or after October 17, 2005. These revisions, the most significant changes in bankruptcy law and practice since the adoption of the Bankruptcy Code in 1978, affect all areas of bankruptcy practice, including consumer, business, tax, and international bankruptcy law.
At this special course of study, experienced judges, professors, and practitioners, including those involved in the drafting of the bill and the two principal drafters of the 1978 Bankruptcy Code, guide registrants through the changes enacted by the new law. Consumer bankruptcy areas covered include the "means test," pre- and post-bankruptcy debtor counseling and education, exemption planning, redemptions and reaffirmations, dischargeability, and revised chapter 13. The new restrictions on attorneys also are explored, including investigations and advertising requirements. The business areas discussed include the new small business provisions, new rules for single asset real estate debtors, changes in priorities and avoiding powers, and changes in the general business provisions in chapter 11. The panels examine strategies for representing clients effectively under the uncertainties created by the new law and tactics for protecting both debtors and creditors.
This course presents a unique opportunity to learn from the leading bankruptcy experts about the benefits and pitfalls of this sweeping legislative change. The presentations are in panel format to encourage exchange of views among the panelists and to accommodate questions from the registrants.
Planning Chairs
Kenneth N. Klee, Professor, UCLA School of Law; Klee, Tuchin, Bogdanoff & Stern LLP, Los Angeles (San Francisco only)
Richard B. Levin, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles (Boston only)
Faculty
Corinne Cooper, Tucson, Arizona; Professor Emerita, University of Missouri-Kansas City School of Law
Carl M. Jenks, Jones Day, Cleveland
Richardo I. Kilpatrick, Kilpatrick & Associates, P.C., Auburn Hills, Michigan
Keith M. Lundin, U.S. Bankruptcy Judge, Nashville
Bruce A. Markell, U.S. Bankruptcy Judge, Las Vegas
Patricia A. Redmond, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Miami (Boston only)
Eugene R. Wedoff, Chief U.S. Bankruptcy Judge, Chicago
Program Schedule
Thursday, July 21 and August 11, 2005
- 7:30 a.m. Registration and Continental Breakfast
- 8:30 a.m. Introductory Remarks and Course Overview
- 8:45 a.m. Means Test/Filing Requirements – Judge Wedoff
- 9:45 a.m. Counseling and Education – Ms. Redmond (Boston); Mr. Kilpatrick (San Francisco)
- 10:15 a.m. Exemptions – Ms. Redmond (Boston); Judge Markell (San Francisco)
- 10:45 a.m. Networking Break
- 11:00 a.m. Redemption and Reaffirmation (including collateral valuation) – Mr. Kilpatrick
- 11:45 a.m. Domestic Support Obligations – Judge Wedoff (Boston); Judge Lundin (San Francisco)
- 12:15 p.m. Lunch Break
- 1:45 p.m. Discharge and Dischargeability – Mr. Kilpatrick
- 2:15 p.m. Chapter 13 – Judge Lundin
- 3:45 p.m. Networking Break
- 4:00 p.m. Taxes – Mr. Jenks
- 4:45 p.m. Attorneys (Duty of Investigation and Debt Relief Agency) – Professor Cooper
- 5:15 p.m. Adjournment for the Day
Friday, July 22 and August 12, 2005
- 8:30 a.m. Continental Breakfast
- 9:00 a.m. General Business Provisions – Professor Klee (San Francisco); Mr. Levin (Boston)
- 10:00 a.m. Avoiding Powers – Judge Markell
- 10:30 a.m. Networking Break
- 10:45 a.m. Small Business – Ms. Redmond (Boston); Judge Wedoff (San Francisco)
- 11:45 a.m. Real Estate Debtors – Judge Markell
- 12:15 p.m. Professional Fees – Judge Markell
- 12:45 p.m. Adjournment
Total 60-minute hours of instruction: 10.25
Suggested Prerequisite: Experience in bankruptcy law practice or familiarity with basic bankruptcy law
Educational Objective: Provision of information on recent legal developments
