Introducing a New Bankruptcy Peer Forum and Bankruptcy Education Series

The Education Pillar has been hard at work planning our 2023 education programming and recognized the numerous requests for more education on bankruptcy related topics for creditors rights attorneys. As a result, we are excited to announce the formation of the Bankruptcy Peer Forum, co-chaired by John Sperati and Landon Van Winkle of Smith Debnam Narron Drake Saintsing & Myers, LLP, and a brand-new bankruptcy education series. 

Bankruptcy Peer Forum

The Bankruptcy Peer Forum will provide our members an opportunity to meet informally for peer-to-peer conversations and feedback. Discussions will focus around current developments and best practices for representing creditors in consumer and commercial bankruptcy cases, including both practical applications and legal aspects. Topics may include substantive and procedural aspects of bankruptcy practice in bankruptcy courts and bankruptcy law as it relates to state or federal courts’ insolvency laws.

This peer forum will meet two times a year, once in-person at the annual conference and another virtually. If interested, please reach out to Kristin Berkery at kristin@creditorsbar.org for more information and to join.

Bankruptcy for the Creditors Rights Attorney Education Series

For the education series, we are offering three separate webinars which will be available live and then on our CLE on demand platform, and a session at the 2023 NCBA Connect Conference:

• Episode 1: Bankruptcy Basics for the Creditors Rights Attorney | Monday, February 27 at 2:00 p.m. ET | Webinar | Free to Members
• Episode 2: Bankruptcy Basics - Secured Claims for the Creditors Rights Attorney | March 2023 | Webinar | Free to Members
• Episode 3: Bankruptcy Basics - The Automatic Stay for the Creditors Rights Attorney | April 2023 | Webinar | Free to Members
• Episode 4: Bankruptcy Basics - Student Loans for the Creditors Rights Attorney | May 2023 | In-Person at Conference | Not Available for CLE On Demand | Conference Registration Required to Attend

You do not have to participate in the Bankruptcy Peer Forum to attend any of the events in the bankruptcy education series. CLE is pending for all events.

Episode 1: Bankruptcy Basics for the Creditors Rights Attorney

Monday, February 27 at 2:00 p.m. ET | Webinar | Free to Members

Many non-bankruptcy lawyers are intimidated by the bankruptcy process. References to Bankruptcy Code sections as a shorthand for describing issues and solutions in the creditors rights context can cause added confusion.

Regardless of what area of creditors rights law you practice, undoubtedly you will find yourself confronted with bankruptcy issues. A basic understanding of the bankruptcy process is a must.

This educational webinar features an overview of bankruptcy code and case law topics for creditors rights lawyers of all experience levels.

Topics covered will include:

• The various Bankruptcy Code chapters (7 and 13) and their implications
• The automatic stay and its impact on debt collection and litigation
• Discharge and its exceptions
• Reaffirmation agreements and redemption
• Filing Proof of Claims
• Avoidance actions

Episode 2: Bankruptcy Basics - Secured Claims for the Creditors Rights Attorney

March 2023 | Webinar | Free to Members

Mortgages, auto loans, equipment and other UCC-1 loans are all examples of common secured loans. This installment of NCBA’s Bankruptcy Basics series features a detailed discussion of how common types of secured claims are treated in bankruptcy.

Topics Covered include:

• Bankruptcy’s impact on liens
• Lien avoidance
• § 544 actions
• Motions under § 522(f))
• Cram down under § 506(a)
• Exceptions to avoidance powers
• What’s the “hanging paragraph” of § 1325?
• Best practices and practical considerations to protect clients’ secured debts.
  • Vehicles
  • UCC filings
• Perfection of security interests

Episode 3: Bankruptcy Basics - The Automatic Stay for the Creditors Rights Attorney

April 2023 | Webinar | Free to Members

Violation of the automatic stay can have serious implications for both the lawyer and their clients. Knowing what it means and how it is applied can prevent litigation, sanctions, reputational risk, damaged client relations or worse.

Topics covered include:

• Affect of the automatic stay (Chapter 7 & Chapter 13)
• When does the automatic stay start and end?
• Repeat filings
• Motions to lift the automatic stay.
• Termination and annulment
• Limited modifications to the stay
• Consent Order to Lift Stay
• Best practices -structure of Order
• In Rem relief
• Adequate protection considerations

Episode 4: Bankruptcy Basics - Student Loans for the Creditors Rights Attorney

May 2023 | In-Person at Conference | Not Available for CLE On Demand | Conference Registration Required to Attend

Details coming soon.