This is a webcast of the live San Francisco session.Why you should attend
Although the recession is beginning to even out and foreclosures in many parts of the country are in the decline, the recession continues to affect financially marginalized people in disproportionate numbers. Many debtors are unrepresented and bankruptcy clinics are still in great demand. There is a critical need for pro bono attorneys to assist low-income clients at all levels. The practice of bankruptcy law changed dramatically with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The implications of BAPCPA continue to develop in the Courts, all the way up to the Supreme Court. In the meantime the practice is ever changing and can be quite complicated with even the simplest form of bankruptcy, Chapter 7. This program was developed for brand new practitioners and those who are either not familiar with the practice or have not practiced bankruptcy law since the passage of BAPCPA. The program will focus on Chapter 7 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 Chapter 7 bankruptcy including legal sources, jurisdiction, venue, eligibility and the parties
- 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 in depth overview of the means test
- How to prepare the schedules in a Chapter 7 and prepare your client for the meeting of creditors
Who should attend
This program was designed for the practitioner, paralegal and legal assistant who is new to bankruptcy or new to BAPCPA. It is a basic “How to File a Chapter 7” program. 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 develop a bankruptcy practice, this program will give you the tools you need to get started.
PLI Group Discounts
Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.
PLI Can Arrange Group Viewing to Your Firm
Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.
Cancellations
All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
All times are P.D.T.
9:00 Program Overview and Introductions
Sally J. Elkington
9:15 Overview - Chapter 7
- Sources of bankruptcy law
- Jurisdiction
- Venue
- Eligibility
- The parties
Sally J. Elkington
10:15 Duties of the Attorney
- Debt relief agency
- Evaluating the client
- Interviewing the client
- Alternatives to filing for bankruptcy
- Evaluating the bankruptcy process: Chapter 7 vs. Chapter 13
- Due diligence
Sally J. Elkington
11:15 Networking Break
11:30 Discharge of Debts and the Automatic Stay
- Debts not generally discharged
- Debts that may be challenged by the creditor
- §707 actions by the trustee or creditor
- Violation of the automatic stay
- Automatic stay denied to persistent filers
- Automatic stay not applicable in certain actions
Sarah Lampi Little
12:30 Lunch
1:45 Bankruptcy Estate and Exemptions
- Property of the bankruptcy estate
- Transfers that the trustee may avoid
- California exemptions – System 1 and 2
- Homestead exemptions
- Domiciliary requirements
- Dealing with collateral
Carl R. Gustafson
2:45 Section 707(b) - Means Test Overview
- Who must take the means test?
- Calculating Debtor’s Current Monthly Income (CMI)
- Application of §707(b) (7) exclusion
- Presumption of abuse
Sarah Lampi Little
3:45 Networking Break
4:00 Filing a Chapter 7 Bankruptcy Case
- Preparing to file a Chapter 7 petition
- Credit Counseling Certificate
- Preparing for 341(a) hearing
- Financial Management Certificate
- Amending the Chapter 7 schedules
- Discharge
Carl R. Gustafson
5:00 Adjourn
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.
PLI's Live Webcasts are approved for MCLE credit (
unless otherwise noted in the product description) in the following states/territories: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana
1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York
2, Ohio
3, Oklahoma, Oregon*, Pennsylvania
4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia
5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.
*PLI will apply for credit upon request.
Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.
1Indiana: Considered a distance education course. There is a 6 credit limit per year.
2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.
3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.
4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.
5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.
Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.
Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.