The debtor who's been dodging repayment for months has just filed for bankruptcy. Are you stuck with an unpaid account or are there ways to continue trying to collect? This legal briefing will provide you with a detailed analysis of creditors' rights in bankruptcy and offer actionable strategies for achieving the best possible result in the proceeding. Order today!

• Case Evaluation
• Miscellaneous Creditors' Rights
• Ethical Representation During Bankruptcy
• Overview of Creditors' Rights Under Each Chapter
• Claims and Distributions
• Automatic Stay
• Representing Creditors in Adversary Proceedings
• Special Rights in Particular Property

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

All times are shown in Eastern Time

Case Evaluation
10:00 - 10:30, Brian P. Thill

• 10 Questions to Ask Before Getting Started
• Important Timeline Considerations
• Determining the Priority of Claims

Miscellaneous Creditors' Rights
10:45 - 11:45, Brian P. Thill

• The Involuntary Bankruptcy as a Collection Remedy
• Examination of Debtor's Affairs
• Rule 2004 Exams
• Creditors' Committees in Chapter 11 Cases
• Dismissal or Conversion of a Bankruptcy Case
• Appointment of and Communication With a Trustee or Examiner
• Recovery of Property for the Benefit of Creditors
• Municipal Collection Issues

Ethical Representation During Bankruptcy
11:45 - 12:45, Brian P. Thill

• Collection Letters and Communication With the Debtor
• Misrepresentation
• Intermingling Activities of Collection Agency and Attorney
• Harassment
• Attorneys' Fees
• Avoiding Violations of the Injunction

Overview of Creditors' Rights Under Each Chapter
1:15 - 2:15, Michael J. Maloney

• Chapter 7
• Chapter 13
• Chapter 12
• Chapter 11
• When the Debtor Converts From a Chapter 13 to a Chapter 7 Case
• Significance of Valuation of Collateral

Claims and Distributions
2:15 - 3:15, Michael J. Maloney

• Filing and Allowance of Claims
• Objections to Discharge
• Objections to Confirmation
• Dealing With Objections to Claim
• Distribution to Creditors
• UCC Filing
• What to do When the Debtor Defaults on the Repayment Plan
• Recovery of Fraudulent Transfers
• Reaffirmation Agreements

Automatic Stay
3:30 - 4:00, Benjamin P. Payne

• Broad Scope of the Automatic Stay
• Obtaining Relief From the Automatic Stay
• Motion for Lift of Stay: How, Why You Can Request It
• Changes in the Automatic Stay in Consumer Cases Involving Repeat Filers
• Changes in the Automatic Stay in Certain Other Limited Situations Involving Liens on Real Estate
• Changes in the Automatic Stay Involving Consumer Landlord/Tenant Law
• Exceptions to the Automatic Stay and Related Changes
• Monetary Sanctions for Automatic Stay Violation Where Notice is Lacking

Representing Creditors in Adversary Proceedings
4:00 - 4:30, Benjamin P. Payne

Special Rights in Particular Property
4:30 - 5:00, Benjamin P. Payne

• Reclamation Rights
• Setoffs
• Landlords and Equipment Lessors

MICHAEL J. MALONEY is a partner with Watton Law Group in Milwaukee, where he heads the firm's bankruptcy department. Mr. Maloney has successfully pursued payday lenders, debt collectors and banks in State, Federal and Bankruptcy courts for violations of consumer laws. He earned his undergraduate degree and law degree from Marquette University. Mr. Maloney is admitted to practice in the State Court of Wisconsin, as well as in both the Eastern and Western Federal District courts of Wisconsin. He is a member of the State Bar of Wisconsin.

BENJAMIN P. PAYNE is a partner in the Milwaukee law firm of Hanson & Payne, LLC, where he practices primarily on creditor work, including collections, banking law and preference defense. He also has spoken for the State Bar of Wisconsin and National Business Institute. Mr. Payne has lectured to the Eastern District of Wisconsin Bankruptcy Court and the Waukesha County Bar Association on bankruptcy. He is a member of the Bankruptcy, Insolvency and Creditors' Rights sections of the State Bar of Wisconsin and is a case editor for the section. Mr. Payne is admitted to practice in the state of Wisconsin, and before the bankruptcy courts for the Eastern and Western districts of Wisconsin, and the Northeastern District of Illinois. He has been admitted pro hac vice to bankruptcy courts around the country representing clients in preference defense cases. Mr. Payne earned his B.A. degree from the University of Wisconsin-Madison and his J.D. degree from Marquette University Law School.

BRIAN P. THILL is an attorney with Murphy Desmond S.C., in Madison, where he practices exclusively in protecting creditors' rights, including foreclosure, RESPA, FDCPA, title issues, litigation, appellate bankruptcy and replevin. He earned his B.A. degree from the University of Wisconsin-Madison and his J.D. degree from Marquette University Law School. Mr. Thill is a member of the Milwaukee Bar Association and the State Bar of Wisconsin

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com