Fundamentals of Bankruptcy Law

Transcription

1 Banking, Commercial, and Bankruptcy Law Annual ALI CLE Course ThE AMERICAN LAW INSTITUTE Continuing Legal Education Fundamentals of Bankruptcy Law Thursday-Friday, April 25-26, 2013 Philadelphia (ALI CLE Conference Center) Live Video Webcast Whether you re just starting a bankruptcy practice or need to learn about bankruptcy law because it affects your clients, company, or cases, this course is for you. It features: The most comprehensive and highly acclaimed bankruptcy fundamentals course on the market! Taught by the leading experts in the field, including six sitting and former U.S. Bankruptcy Judges! Full-day concurrent sessions on consumer and individual bankruptcy issues and on chapter 11 business reorganization. Based on the highly acclaimed publication, Fundamentals of Bankruptcy Law; registrants receive a complimentary copy of the latest edition!

2 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 Eric L. Frank U.S. Bankruptcy Judge, Philadelphia Ralph R. Mabey Stutman, Treister & Glatt, P.C., Salt Lake City; former U.S. Bankruptcy Judge Elizabeth L. Perris Chief U.S. Bankruptcy Judge, Portland, Oregon Eugene R. Wedoff U.S. Bankruptcy Judge, Chicago ALI CLE Program Attorney: Amy S. Weinberg Visit Philadelphia! Attend this program in person and spend some time exploring all that our city has to offer. Gastronaut? Philly food isn t just about cheesesteaks anymore (although our cheesesteaks are still abundant, if that s what you re craving). Art critic? Choose amongst the recently reopened Rodin and Barnes museums, or the many special exhibits at the Philadelphia Museum of Art (and be sure to make an iconic run up the East Entrance steps a la Rocky Balboa). History buff? Take a step back through time at Independence Hall, the Liberty Bell, Carpenters Hall, Christ Church, and the other sites in Philadelphia s historic district. Attend the Penn Relays, coinciding with our program dates the oldest and largest track and field competition in the U.S. ALI CLE Curriculum Banking, Commercial, and Bankruptcy Law In today s nervous economy, ALI CLE s banking, commercial, and bankruptcy law programs stand out in their thoroughness and practicality. Well organized and well presented, the courses embody a sophisticated approach, whether the content is fundamental or cutting edge. Expect superb faculty from top law firms and corporate offices, regulatory agencies, and the bankruptcy bench, plus refreshing candor. Course registrants enjoy free on-demand access to the online program archives. For guidance on related subjects, ALI CLE offers a solid curriculum of corporate, securities, and tax law courses. For career-enhancing professional development, ALI CLE also offers a wealth of skills, law practice management, and ethics programs.

3 Program Subject to minor change. All times are Eastern Time. Thursday, April 25, :30 a.m. Course Registration and Continental Breakfast 8:25 a.m. Introductory Remarks ALI CLE Program Attorney 9:00 a.m. Overview Overview of the Bankruptcy Code; bankruptcy jurisdiction (original and removal); allocation of bankruptcy jurisdiction between District and Bankruptcy Judges; venue; appeals 9:30 a.m. Commencement of the Case Voluntary and involuntary petitions; initial filings, including bankruptcy schedules 10:00 a.m. The Bankruptcy Estate 10:45 a.m. Networking and Refreshment Break 11:00 a.m. Automatic Stay Protection of property of the estate (automatic stay against lien enforcement, turnover of property, prohibition against forfeitures) 12:15 p.m. Lunch Break 1:15 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 2:15 p.m. Executory Contracts, Leases, Sales, and Abandonment 3:00 p.m. Networking and Refreshment Break 3:15 p.m. Claims Allowance and Distribution Secured vs. unsecured claims; priorities; subordination; claims objections 4:15 p.m. Discharge Scope, timing 4:45 p.m. Adjournment for the Day Friday, April 26, :00 a.m. Networking Session and Continental Breakfast CONCURRENT SESSIONS (Registrants may shuttle between meeting rooms. Live and webcast registrants will have free online ondemand access to both sessions after the course.) SESSION ONE: CHAPTER 11 BUSINESS REORGANIZATIONS (AVAILABLE VIA LIVE VIDEO WEBCAST) 8:30 a.m. Reorganization vs. Liquidation; Chapter 11 Overview 9:00 a.m. Early Challenges in Chapter 11 Cases The beginning of the chapter 11 case; cash collateral; DIP financing; single asset real estate cases 10:30 a.m. Networking and Refreshment Break 11:00 a.m. Asset Sales Procedures; sales free and clear of liens; sub rosa plans 12:15 p.m. Lunch Break

4 1:15 p.m. The Plan Process Formulation of the plan; disclosure statement; acceptances of the plan; confirmation and cram down ; effect of confirmation; consummation 3:15 p.m. Networking and Refreshment Break 3:30 p.m. Variations Chapter 15; small business debtors; individual chapter 11 debtors 4:45 p.m. Adjournment SESSION TWO: CONSUMER AND INDIVIDUAL BANKRUPTCIES (NOT WEBCAST) 8:30 a.m. Overview of the Consumer Bankruptcy Schemes Chapters 7, 11, and 13 for individual debtors 9:00 a.m. Commencement and Eligibility Means testing; conversion; dismissal 10:00 a.m. Exemptions 10:30 a.m. Networking and Refreshment Break 10:45 a.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; protection of the discharge; reaffirmation; home mortgages 11:45 a.m. Nondischargeability; Denial of Discharge Grounds of objection to discharge; nondischargeable debts; other effects of discharge 12:15 p.m. Lunch Break 1:15 p.m. Nondischargeability; Denial of Discharge (continued) 2:15 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; small business chapter 13 cases 3:15 p.m. Networking and Refreshment Break 3:30 p.m. Chapter 13 (continued) 4:15 p.m. Individual Chapter 11 Cases 4:45 p.m. Adjournment Total 60-minute hours of instruction: 13.5, discussions include at least one full hour on ethics and professional responsibility issues, accepted as such by most, but not all, MCLE jurisdictions. 16 CPE credit hours in Business Law (live group and group-internet-baed program)

5 Relevant Authoritative Respected Registrants of Fundamentals of Bankruptcy Law receive a complementary copy of this best selling book. Fundamentals of Bankruptcy Law, Seventh Edition By Richard B. Levin The completely updated and revised Seventh Edition of Fundamentals of Bankruptcy Law will help you find the answers to your bankruptcy questions with a unique combination of code language, an overview of the statutes and caselaw, and targeted commentary Softcover 452 pages $129 ISBN: Order Code BK74 For more information, go to On location: Maximize your CLE experience. Learn from the best and network with other serious practitioners. Register one person from your firm for this course and get all subsequent registrations at 50% off. UP TO 50% OFF from ALI CLE superb instruction and practical advice available in multiple formats providing numerous ways to further your knowledge while satisfying your CLE requirements Webcast: Can t attend on location? Register for the live webcast and participate by asking questions online, in real time, and get our famous course materials via searchable PDF. Interrupt your viewing at any time and catch up later with the free online archive. Get all the information you need, and satisfy your CLE needs, without leaving your office. $899 Group Webcast: Schedule a convenient group viewing of this course for two or more people and save on tuition. Provide your firm or department with access to the finest legal talent and train more people at a lower cost without the additional expense or time constraints of travel. UP TO 30% OFF On-demand CLE: Online audio and/or video and searchable (PDF) course materials are available 24/7 for every course and course segment. Free To Registrants DVD / CD-ROM / Audio MP3: Watch or listen to ALI CLE s renowned courses in your car, home, or office on your computer, DVD player, or MP3 player at your own pace. $749 / $549

6 how to register online phone CLe News fax mail return the form on the back panel of this brochure to: registrar, ALi CLe, 4025 Chestnut street, Philadelphia, PA get MANDAtorY CLe CreDit Virtually all ALI CLE programs receive CLE credit in AK, AL, Ar, AZ, CA, Co, De, FL, ga, hi, ia, il, in, Ks, KY, LA, Me, MN, Mo, Ms, Mt, NC, ND, Ne, Nh, NJ, NM, NV, NY, oh, ok, PA, ri, sc, tn, tx, Ut, VA, Vt, wa, wi, and wv. Upon request, ALI-CLE will apply for CLE credit in id, or, and wy. This course is expected to qualify for 13.5 credits, including one ethics credit, in 60-minute MCLE jurisdictions; and for 16.2 credits, including 1.2 ethics credits, in 50-minute MCLE jurisdictions. In NY, this course is appropriate for both newly admitted and experienced attorneys. For specific information on CLE, CPE, or other professional accreditation in your state, please the MCLE Team at go to or call CLE-NEWS. NAsBA ALI CLE is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors through its website: For more information regarding ALI CLE s administrative policies, such as complaint and refund, please call Customer Service at (800) CLE- NEWS. CPE credit hours for this course: 16 in Business Law (live group and group-internet-based program). Learning objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; suggested Prerequisite: Limited experience in general practice; Level of instruction: Basic. CoUrse site The ALI CLE Conference Center is located at 4025 Chestnut Street in Philadelphia s University City neighborhood. Just west of downtown Philadelphia, the area is a center of education, science, medicine, and research, and is home to students, artists, and families coexisting amid world-class universities, dining, nightlife, and cultural offerings. Go to for more information on University City. If traveling by car, there is plenty of metered parking right outside the building as well as a garage about a block away at the corner of 40th and Walnut Streets, above the Fresh Grocer. If traveling by train/ subway (SEPTA), take the Market-Frankford line to the 40th Street stop, walk south to Chestnut Street, turn right, and walk half a block. If taking Amtrak, the Conference Center is about 11 blocks from 30th Street Station. hotel ACCoMMoDAtioNs This year s conference coincides with the Penn Relays, a major city event. We therefore encourage anyone considering attending to book a hotel room early, as they will be selling out quickly. A limited block of rooms have been reserved at the following hotels: hotel Monaco Philadelphia, 433 Chestnut Street, Philadelphia, PA 19106; phone (215) or (800) Room rate: $239 per night. Marriott Courtyard Philadelphia Downtown, 21 North Juniper Street, Philadelphia, PA 19107; phone (215) or (800) Room rate: $219 per night. These rooms will be held as blocks, unless exhausted, until March 25 (Monaco) or March 29 (Courtyard), at which time they will be released to the general public. Registrants must make their own hotel reservations and reference "American Law Institute" to qualify for rooms in the blocks. Confirmations will be sent by the hotels. Please read the cancellation policies carefully. go to for more info about: registration/cancellation/requirements for persons with disabilities/scholarships ALSO FROM ALI CLE: Partnerships, LLCs, and LLPs February 7-8, 2013 Washington, DC or Live Video Webcast Commercial Lending Today May 2-3, 2013 San Francisco, CA or Live Video Webcast SOCIAL NETWORKING Start interacting with other course registrants and faculty through these social networking tools. Post topics you would like to see covered during the course, discuss hot topics, and make lunch and dinner plans with other on-site attendees. Facebook: Twitter: #BKFUN

7 Fundamentals of Bankruptcy Law The continuing economic downturn and the home mortgage crisis have resulted in a marked increase in both business and consumer bankruptcy filings. Hear a panel of experienced judges and other national experts, as you learn the fundamentals of bankruptcy law. Starting with a brief overview, the course examines: 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 Full-day concurrent sessions on consumer and individual bankruptcy issues and on chapter 11 business organizations will be held on the second day of the course. Both small and large business chapter 11 cases are discussed during track one, while special consideration is given to the treatment of home mortgages in bankruptcy during track two. Both sessions will be available to registrants for on-demand access after the course. This comprehensive program is designed to: Introduce bankruptcy and business reorganization law to general practitioners, as well as in-house counsel who need to understand the big picture 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 Explain the consumer side of bankruptcy to government agency lawyers Here s what registrants said about recent presentations of this course: The panelists were extremely knowledgeable and great presenters. Having bankruptcy judges/former judges was outstanding, especially since they presented well. There was a lot of ground to cover. I m glad there were concurrent sessions. It allowed me to pick the area I was most interested in, and it allowed more time to focus on certain topics. A great way to gain a general understanding of bankruptcy law. Excellent panelists and an excellent program. Thanks!

8 Online Phone CLE NEWS FAX Mail Registrar, ALI CLE, 4025 Chestnut Street, Philadelphia, PA Fundamentals of Bankruptcy Law Philadelphia, April 25-26, 2013 $999 G Please enter registration(s) CU019 G Please provide my course materials as a (choose only one): О Printed course book О USB drive Video Webcast $899 G The entire program. Tuition: $899 WAU019 Can t attend? You don t have to miss anything! Order the: G DVD (video), including a complimentary MP3 CD-ROM and PDFs of the course materials $749 AU019V G Audio MP3 CD-ROM (including PDFs of the course materials) $549 AU019 Fundamentals of Bankruptcy Law, Seventh Edition G $199 BK74 Tuition discounts ALI CLE offers tuition discounts for full-time government employees, recent law school graduates, and retired senior lawyers. If you are a member of any of these groups, please check the appropriate box below, and the corresponding discount will be applied. Discounts valid for on-site course, live webcast, and webcast segments only. Cannot be combined with other offers. G I am a full-time employee of the federal, a state, or a local government or governmental agency: 30% tuition discount G I am a recent law school graduate (<5 years): 30% tuition discount G I am a retired senior lawyer (65 or older): 50% tuition discount $ Total G Check enclosed (payable to ALI CLE) Please charge to my credit card: G AMEX G DISCOVER G MasterCard G VISA Card no.: Card expiration date: / signature address (required for webcasts and online subscriptions) American Law Institute Continuing Legal Education 4025 Chestnut Street, Philadelphia, PA NONPROFIT ORG U.S. Postage PAID ALI CLE