Fundamentals of Bankruptcy Law
Why Attend?
Total bankruptcy filings up 33% in third quarter of 2009---Administrative Office of the U.S. Courts
Today’s credit crunch and high unemployment have resulted in a sharp national increase in business and consumer bankruptcies. A number of states, including California, Nevada, Arizona, Illinois, and Florida, have been particularly hard hit, but all regions of the country have been affected.
Need a refresher or to get up to speed in this growing practice area? ALI-ABA’s longstanding Course of Study, Fundamentals of Bankruptcy Law, prepares you for the continued onslaught of bankruptcy filings. Taught by some of the most experienced bankruptcy attorneys and judges in the country, this unique course provides you with the knowledge and skills to handle business and consumer bankruptcy cases for your clients. Attend in person and have the opportunity to gain insights and network with colleagues and faculty, including five sitting U.S. Bankruptcy judges, from across the country.
Can’t attend live? Participate from your office via live video webcast. Either way, you’ll get access to the online archive for instant review of content when you need it.
The most comprehensive and highly acclaimed bankruptcy fundamentals course on the market!
Taught by the leading experts in the field, including five sitting U.S. Bankruptcy Judges!
Based on ALI-ABA’s best-selling publication, Fundamentals of Bankruptcy Law; registrants receive a complimentary copy of the latest edition.
What You Will Learn
The current economic downturn has resulted in a marked increase in bankruptcy filings. Whether you’re just starting a bankruptcy practice or need to learn about the field because it impacts your practice area, this course, featuring national experts and judges teaching the basics of bankruptcy law, is for you!
The course covers all the basic areas of bankruptcy liquidation and rehabilitation, both the substantive and procedural law, and pays special attention to the kinds of problems you’re likely to encounter. The course takes into account changes in the law effected by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Starting with a brief overview, the course proceeds to consider:
The court system and bankruptcy administrative apparatus
Eligibility for relief under the Bankruptcy Code and how cases get started
The concepts of the bankruptcy estate and the trustee’s avoiding powers
The so-called administrative powers, including the automatic stay and the power to use or sell property, particularly the power to use a secured creditor’s collateral, as well as the power to reject, assume, or assign executory contracts
From the standpoint of creditors in general, the focus is on who is entitled to distribution in a bankruptcy case and in what order of priority. From the standpoint of the secured creditor in particular, the focus is on how and when the law may invalidate or impair the creditor’s security interest and what the creditor can do to best protect its position.
The fresh start aspects of bankruptcy for the individual or consumer debtor are considered, including the law relating to exemptions, the right to discharge, and the dischargeability of particular claims, as well as the chapter 13 alternative to a bankruptcy liquidation case.
The final part of the course is devoted to the fundamentals of chapter 11 business reorganization, including both the provisions of the law that enable the debtor to keep operating and those that relate to the negotiation, formulation, confirmation, and consummation of the reorganization plan itself.
All discussions include participation by the faculty panel. Time has been allotted throughout the program to address your questions.
Who Should Attend
This annual course of study is designed to:
Introduce bankruptcy and business reorganization law to general practitioners
Offer a refresher to practitioners currently working in the field
Update attorneys who want to keep up with recent legislative changes and the constant barrage of judicial decisions
Planning Chairs
(also on faculty)
K. John Shaffer, Stutman, Treister & Glatt, P.C., Los Angeles
Bruce A. Markell, U.S. Bankruptcy Judge, Las Vegas
Faculty
Mary Grace Diehl, U.S. Bankruptcy Judge, Atlanta
Ralph R. Mabey, Stutman Treister & Glatt, P.C., Salt Lake City
Randall J. Newsome, Chief U.S. Bankruptcy Judge, Oakland
Elizabeth L. Perris, Chief U.S. Bankruptcy Judge, Portland, Oregon
George M. Treister, Stutman, Treister & Glatt, P.C., Los Angeles
Eugene R. Wedoff, U.S. Bankruptcy Judge, Chicago
ALI-ABA Staff Attorney: Alexander Hart, Director Emeritus, Office of Courses of Study
Register Now!
San Francisco, CA: $1149 Add to Cart or Webcast: $949 Add to Cart
Full-time employees of federal, state and local governments and government agencies
Live Course: $574.50 Add to Cart
Live Webcast: $474.50 Add to Cart
Lawyers practicing 5 years or less
Live Course: $547.50Add to Cart
Live Webcast: $474.50 Add to Cart
Registrants will receive at the course site the latest edition of the ALI-ABA Publication, Fundamentals of Bankruptcy Law. Registrants also will receive at the course site the latest version of the Collier Portable Pamphlet Edition of the Bankruptcy Code and Rules, contributed by LexisNexis® Matthew Bender®.
Can't attend the course? Order the Fundamentals of Bankruptcy Law, Sixth Edition, Special offer: $89, including shipping/handling!
Go to www.ali-aba.org/BK46 and click
"ORDER HARD COPY." At checkout enter coupon code BK46044 to redeem
this special offer.
Program Schedule
(subject to minor change)
Thursday, April 15, 2010
7:30 a.m. Registration and Continental Breakfast
8:20 a.m. Introductory Remarks
WEBCAST SEGMENT A
8:30 a.m. Overview
Overview of the Bankruptcy Code and procedural rules
9:30 a.m. The Court System
The Bankruptcy Judge (appointment and term of office); bankruptcy jurisdiction (original and removal); allocation of bankruptcy jurisdiction between District and Bankruptcy Judges; venue and transfer of cases and proceedings; appeals
10:30 a.m. Networking Break
10:45 a.m. Commencement of the Case
Voluntary and involuntary petitions; eligibility and "means testing"; conversion
12:15 p.m. Lunch Break
WEBCAST SEGMENT B
1:30 p.m. Case Administration
The administrators and officers and their compensation; appointment or election of trustee; meeting of creditors
2:00 p.m. The Bankruptcy Estate
Property of the estate; protection of property of the estate (automatic stay against lien enforcement, turnover of property, prohibition against forfeitures)
3:15 p.m. Networking Break
3:30 p.m. The Trustee's Avoiding Powers
The trustee as a hypothetical lien creditor; the trustee as a bona fide purchaser; the trustee as a successor to the rights of creditors; fraudulent transfers; invalidation and subordination of statutory liens; limitations on avoiding powers; liability of transferees; preservation of transfer; set-off; preferential transfers
5:00 p.m. Adjournment for the Day
Friday, April 16, 2010
8:00 a.m. Networking Session and Continental Breakfast
WEBCAST SEGMENT C
8:30 a.m. The Trustee's Avoiding Powers (continued)
9:45 a.m. Networking Break
10:00 a.m. Executory Contracts, Leases, and Sales
11:15 a.m. Distribution of the Estate
Claims; priorities; subordination
12:15 p.m. Lunch Break
WEBCAST SEGMENT D
1:45 p.m. The Fresh Start and Other Matters of Particular Importance to the Individual or Consumer Debtor
The debtor's duties; examination and immunity; the automatic stay against lawsuits; exemptions and Spendthrift Trusts; redemption; grounds of objection to discharge; non-dischargeable debts; other effects of discharge; protection of the discharge; reaffirmation
3:45 p.m. Networking Break
4:00 p.m. Chapter 13
Chapter 13 adjustment of debts of individuals with regular income; application of other chapters; commencement of the case and conversion to or from chapter 13; rights and powers of trustee and debtor; plan confirmation and its effect; modification of plan
5:00 p.m. Adjournment for the Day
Saturday, April 17, 2010
8:00 a.m. Networking Session and Continental Breakfast
WEBCAST SEGMENT E
8:30 a.m. Introduction to Chapter 15
8:45 a.m. Chapter 11
The beginning of the chapter 11 case; the chapter 11 cast of characters; "keeping the ship afloat"; formulation of the plan; acceptances of the plan; confirmation; effect of confirmation; consummation
10:15 a.m. Networking Break
10:30 a.m. Chapter 11 (continued)
1:00 p.m. Adjournment
Total 60-minute hours of instruction: TBA. Note: The discussions include at least one full hour on ethics and professional responsibility issues, accepted as such by most, but not all, MCLE jurisdictions.
Suggested Prerequisite: Limited experience in general legal practice or completion of CLE Orientation Course
Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner
Level of Instruction: Basic
Here's what registrants have said about this course:
As a young associate tasked with assisting my firm’s Creditors’ Rights group, this course is exactly what I needed. The faculty expertly presented the Code, the Rules, and—more importantly—what practically happens in the real world. I would recommend this course to anyone before practicing in Bankruptcy Court.—Edgar M. Smith, Hunter Maclean Exley & Dunn, P.C., Savannah, Georgia
This was a wonderful overview or "crash course." The breadth of the knowledge and experience of the faculty was phenomenal.— Jordan T. Hoffman, Law Office of Jordan Travaille Hoffman, Flossmoor, Illinois
The conference as a whole was enlightening. The scope of the topics was well-thought out and covered adequately in depth. While I am certainly not a bankruptcy expert, I am leaving this conference with more confidence in my ability to discern the right answer…or as I have learned…my ability to discern the most correct answer in my district. Thank you!— Pamela Hensler, Mallor Clendening Grodner & Bohrer LLP, Bloomington, Indiana
One of the best [programs] I’ve attended in 30 years of CLE. Knowledgeable and articulate presenters, thorough and well organized program materials.
Very informative and educational for a non-bankruptcy practitioner. I think the reason the program was so good is knowledge and experience of the judges, and their interactions during the program. The fact that almost all panel members were present all the time made the program interactive, not just a presentation.
I thought the course was great. The speakers did a great job presenting the material. They all seemed well prepared and extremely knowledgeable about the topics. I would strongly recommend the course to anyone who has just begun practicing bankruptcy or has been practicing for only a short period of time.
I liked a lot how the presenters asked each other questions.
All the speakers were experts in their field, very knowledgeable and articulate. They were approachable and patient in answering questions [from the registrants]. This was an excellent course.
Content was excellent, as was organization and presentation of material. Panelists were extremely experienced and knowledgeable. The panelists were also animated and interesting to listen to. Format and atmosphere were great.
Excellent panel. Members worked well together, e.g., asking questions, posing hypos, using both real, contemporary examples and practical examples to smaller scale practitioners and presenting their disagreements and alternative opinions in respectful fashion. Very informative presentations—this panel made very difficult and complex material accessible to practitioners with very limited background in bankruptcy.
