On-Demand   On-Demand Web Programs

Bankruptcy, Mortgages and Foreclosure: What Bankruptcy Can and Can't Do for Borrowers in Distress

Released on: Apr. 12, 2012
Running Time: 03:11:09

In this training you will get an overview of how consumer bankruptcy interacts with mortgage debt and foreclosures.  During the session, practitioners working at the intersection of these two crucial areas in consumer law will provide a basic overview of consumer bankruptcy; share tools for assessing whether bankruptcy might help - or harm - a delinquent borrower; and discuss how bankruptcy can be used to address mortgage delinquencies, servicing abuses and other lending violations.

Lecture Topics  [Total time 03:11:09]

Segments with an asterisk (*) are available only with the purchase of the entire program.

  • Program Overview and Introductions* [00:03:10]
    Maeve Elise Brown
  • Consumer Bankruptcy Basics [01:12:28]
    Sally J. Elkington
  • From the Trenches I: How Bankruptcy Courts Deal with Mortgage Debt [00:55:55]
    Sally J. Elkington, Cathleen Cooper Moran
  • From the Trenches II: Loan Workouts, Servicing Abuses and Affirmative Claims [00:59:36]
    Cathleen Cooper Moran, Lisa Sitkin

Presentation Material

  • Consumer Bankruptcy Basics (PowerPoint)
    Sally J. Elkington
  • Consumer Bankruptcy Basics
    Sally J. Elkington
  • Bankruptcy, Mortgages and Foreclosure: What Bankruptcy Can and Can’t Do for Borrowers in Distress PowerPoint Slides
    Sally J. Elkington
  • Glossary of Bankruptcy
    Sally J. Elkington
  • Voluntary Petition, United States Bankruptcy Court, Northern District of California, B1 (Official Form 1)(4/10)
    Sally J. Elkington
  • Tax Consequences of a “Short Sale” of Real Estate vs. Foreclosure
    Sally J. Elkington
  • N.D. Cal., Oakland Division Model Chapter 13 Plan (Rev. 10/17/2005)
    Sally J. Elkington
  • Opinion, United Student Aid Funds, Inc. v. Espinosa, 559, U.S. _____ (2010)
    Sally J. Elkington
  • Opinion, Hamilton, Chapter 13 Trustee v. Lanning, 560 U.S. _____ (2010)
    Sally J. Elkington
  • Opinion, Ransom v. FIA Card Services, N.A., FKA MBNA America Bank, N.A., 562 U.S. _____ (2011)
    Sally J. Elkington
  • From the Trenches I: How Bankruptcy Courts Deal with Mortgage Debt (PowerPoint)
    Cathleen Cooper Moran
  • From the Trenches I: What Can You Do with a Delinquent Mortgage in Bankruptcy? PowerPoint Slides
    Sally J. Elkington, Cathleen Cooper Moran
  • United States Bankruptcy Court, Claim Forms and Notes: Forms B10A (Attachment A) (12/11), B 10 (Official Form 10) (12/11), B 10S1 (Supplemental 1) (12/11), B 10S2 (Supplemental 2) (12/11)
    Sally J. Elkington, Cathleen Cooper Moran
  • Special Issue: New Proof of Claim and Mortgage Rules and Forms, NCLC Reports Bankruptcy and Foreclosures Edition 2011, Volume 30, November/December 2011
    Sally J. Elkington, Cathleen Cooper Moran
  • Guidelines Regarding Residential Loan Modifications on Relief from Stay Motions and in Chapter 11 and Chapter 13 Plans, United States Bankruptcy Court, Northern District of California
    Sally J. Elkington, Cathleen Cooper Moran
  • From the Trenches II: Loan Workouts, Servicing Abuses and Affirmative Claims (PowerPoint)
    Cathleen Cooper Moran
  • From the Trenches II: Loan Workouts, Servicing Abuses and Affirmative Claims PowerPoint Slides
    Cathleen Cooper Moran, Lisa Sitkin
  • Senate Bill No. 94: Prohibition on Advance Fees; and Required Notice, FAQ, The State Bar of California
    Cathleen Cooper Moran, Lisa Sitkin
  • . Motion to Value Collateral and Avoid Lien of Creditor Popular Bank Mortgage Service, Inc. and/or Banco Popular North America, Inc. and/or E-Loan, Inc. and/or Mortgage Electronic Registration Systems, Inc. on Real Property
    Cathleen Cooper Moran, Lisa Sitkin
  • Declaration of Edward James Madison Regarding the Fair Market Value of Real Estate, In re James Edward Madison and Emily Anne Madison, United States Bankruptcy Court, Northern District of California, Case No. 11-77777
    Cathleen Cooper Moran, Lisa Sitkin
  • Opinion, Milavetz v. United States, 559 U.S. _____ (2010)
    Cathleen Cooper Moran, Lisa Sitkin
  • Memorandum Decision Re Motion to Determine Value and Status of Junior Lienholder’s Claim, In re Victoriano and Annaliza Duarte, United States Bankruptcy Court, Northern District of California, Case No. 10-50394-ASW (Bankr. N.D. Cal January 31, 2011)
    Cathleen Cooper Moran, Lisa Sitkin
  • List of Suggested Resources and Readings
    Cathleen Cooper Moran, Lisa Sitkin
Chairperson(s)
Maeve Elise Brown ~ Executive Director, Housing and Economic Rights Advocates
Speaker(s)
Sally J. Elkington ~ Elkington Law
Cathleen Cooper Moran ~ Bankruptcy Specialist, State Bar of CA Board of Legal Specialization, Moran Law Group
Lisa Sitkin ~ Managing Attorney, Housing and Economic Rights Advocates

PLI makes every effort to accredit its On-Demand Web Programs and Segments.  Please check the Credit Information box to the right of each product description for credit information specific to your state.


On-Demand Web Programs and Segments
 are approved in:

Alabama1, Alaska, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois , Iowa2*, Kansas, Kentucky*, Louisiana, Maine*, Mississippi, Missouri3, Montana, Nebraska, Nevada, New Hampshire4, New Jersey, New Mexico5, New York6,  North Carolina7, North Dakota, Ohio8, Oklahoma9, Oregon*, Pennsylvania10, Rhode Island11, South Carolina, Tennessee12, Texas, Utah, Vermont, Virginia13, Washington, West Virginia, Wisconsin14 and Wyoming*.

Iowa, Mississippi, Oklahoma, and Wisconsin DO NOT approve Audio Only On-Demand Web Programs.


Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

*PLI will apply for credit upon request. Louisiana and New Hampshire: PLI will apply for credit upon request for audio-only on-demand web programs.


1Alabama: Approval of all web based programs is limited to a maximum of 6.0 credits.

 

2Iowa:  The approval is for one year from recorded date. Does not approve of Audio-only On-Demand Webcasts.

3Missouri:  On-demand web programs are restricted to six hours of self-study credit per year.  Self-study may not be used to satisfy the ethics requirements.  Self-study can not be used for carryover credit.

 

4New Hamphsire:  The approval is for three years from recorded date.

5New Mexico:  On-Demand web programs are restricted to 4.0 self-study credits per year. 


6New York:  Newly admitted attorneys may not take non-traditional course formats such as on-demand Web 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. 

7North Carolina:  A maximum of 4 credits per reporting period may be earned by participating in on-demand web programs. 


8Ohio:  To confirm that the web program 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 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.

9Oklahoma:  Up to 6 credits may be earned each year through computer-based or technology-based legal education programs.


10Pennsylvania:  PA attorneys may only receive a maximum of four (4) hours of distance learning credit per compliance period. All distance learning programs must be a minimum of 1 full hour.
 

11Rhode Island:  Audio Only On-Demand Web Programs are not approved for credit.  On-Demand Web Programs must have an audio and video component.

12Tennessee:  The approval is for the calendar year in which the live program was presented.

13Virginia: All distance learning courses are to be done in an educational setting, free from distractions.

14Wisconsin: Ethics credit is not allowed.  The ethics portion of the program will be approved for general credit.  There is a 10 credit limit for on-demand web programs during every 2-year reporting period.  Does not approve of Audio-only On-Demand Webcasts.


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.


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.


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, call Customer Service (800) 260-4PLI (4754) or e-mail info@pli.edu.

 
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