Fundamentals of Bankruptcy Law
Free PodCast
Listen to "Overview" from the program Fundamentals of Bankruptcy Law originally presented March 6-8, 2008
Why Attend?
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, now in its Sixth Edition; registrants receive a complimentary copy!
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!
Comprising more than 17 hours of instruction, 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 and an exploration of applicable ethical rules. 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
Registrants will receive at the course site the ALI-ABA Publication, Fundamentals of Bankruptcy Law, Sixth Edition, and the latest version of the Bankruptcy Code and Rules.
Can't attend the course? You can still take advantage of purchasing the ALI-ABA Publication at the low price of $139 (hardbound) or $109 (online) by clicking on this link: www.ali-aba.org/index.cfm?fuseaction=publications.bookspage&book_code=BK46!
Program Schedule
THURSDAY, MAY 7, 2009
7:30 a.m. Registration and Networking Session
WEBCAST SEGMENT A
8:30 a.m. Introductory Remarks
8:40 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, MAY 8, 2009
8:00 a.m. Networking Session
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, MAY 9, 2009
8:00 a.m. Networking Session
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: 17.5 credits, including 1 ethics credit, in most 60-minute states; and 21 credits, including 1.2 ethics credits, in most 50-minute states
ETHICS CREDIT
The discussions include at least one full hour on ethics and responsibility issues, accepted as such by most, but not all 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:
"Excellent course! The panel was simply fantastic and the breadth of knowledge and experience significantly contributed to the learning and enjoyment of the course. This course which provides an overview of the entire process of bankruptcy was perfect for me and the course material detailing the differences in law resulting from BAPCPA is very useful. Hats off to the panel. Thanks!"
"The course materials appear to be very good and the speakers extremely knowledgeable. Section on individual debtors very helpful."
"Great course, very good at explaining basic understanding. "
"The program was very valuable to a practitioner with little experience. The breadth of topics allowed me to get an overview of the topic of bankruptcy, which is what I was hoping for. The panel was well informed and worked together to explain concepts and provisions of the Code and Rules."
"Great overview on all aspects of bankruptcy practice. Ideal for one new to this area."
"Panel was very approachable and helpful."
"Once again, your impressive panel succeeded in rendering what is arguably very technical and dry material topical, lively, and interesting. The fact that attendees remained attentive even to the end of this course is a testament to the panel’s achievement in this respect. I recommend this course to any bankruptcy practitioner, but in particular, to those entering practice or to those such as I, who have been thrust into this area of practice by circumstance."
"This is an excellent course. The panel assembled is incredibly knowledgeable and well-versed in the law (even the sections that are only a few months old). I also found the number of bankruptcy judges and their debates with each other to provide invaluable insight based on experience of the bankruptcy judiciary."
"I thought the presentation to be extremely helpful. It was the most informative CLE presentation I have attended. The panel was very knowledgeable and made it (relatively) easy to understand the core aspect of bankruptcy."
"Shaffer’s overall knowledge helped connect all topics; summaries and examples are very helpful."
"The seminar was well organized from the materials provided to the lecturers. I was very pleased with the contents of this course."
"I keep coming to ALI-ABA programs because of the quality of the panels, and this was no exception. ALI-ABA courses are still the best place to get a comprehensive understanding of an area of law."
