6-Hour Program

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Overview

Why you should attend

The recession and foreclosure crises have created a tidal wave of interest in bankruptcy; filings continue to be at a record high. There is a misconception that only clients with assets should file a Chapter 13 bankruptcy. While it is true that a Chapter 13 helps those who have assets, it is also very useful to clients who have debts that are non-dischargeable and need a way to pay those debts back without liens or garnishments. Many low-income debtors fall into this category. It is also true that low-income debtors have assets, such as houses or vehicles, and a Chapter 13 bankruptcy would better serve their needs in protecting or paying off those assets. There is a critical need for pro bono attorneys to assist Californians at all levels. Additionally, many practitioners are looking to bankruptcy law as a way to either supplement their current practice or develop bankruptcy as a new practice area.

The practice of bankruptcy law changed dramatically with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) and its implications will take years to develop and settle out. In the meantime the practice is ever-changing and can be quite complicated, especially in preparing a Chapter 13. This program was developed for brand new practitioners and those who are not familiar with the Chapter 13 bankruptcy, and will focus on Chapter 13 bankruptcy from the day a new client walks into your office to the day you receive notice that they have successfully received a discharge and their case is closed.

What you will learn

  • An overview of the value of Chapter 13 bankruptcy including legal sources, jurisdiction, venue, eligibility and the parties with a comparison to Chapter 7 for lower-income clients
  • Your duties as a bankruptcy attorney and debt relief agency, how to evaluate and interview a client, how to choose between a Chapter 7 or Chapter 13, and your responsibilities of investigation (due diligence)
  • How the discharge works and the effectiveness of the automatic stay
  • How to protect the debtor’s property through exemptions
  • An overview of the means test
  • How to prepare the schedules in a Chapter 13 and prepare your client for the meeting of creditors
  • Confirming a debtor’s plan and getting a discharge

Who should attend

This program was designed for practitioners, paralegals and legal assistants who are not familiar with Chapter 13 bankruptcy or new to BAPCPA.  It is a program that is especially helpful if the attendees are familiar with Chapter 7 filings.  See The Essential Components of a Chapter 7 Bankruptcy Filing 2010 (FREE) .  If you want to volunteer in pro bono clinics, develop bankruptcy as one of your practice areas, or are a new attorney who wants to open a bankruptcy practice, this program will give you the tools needed to get started.

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