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!

1. Case Evaluation
2. Overview of Creditors' Rights Under Each Chapter
3. Ethical Representation During Bankruptcy
4. Special Rights in Particular Property
5. Miscellaneous Creditors' Rights
6. Claims and Distributions
7. Automatic Stay Litigation

Case Evaluation
9:00 - 10:00, W. Lance Owens

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

Overview of Creditors' Rights Under Each Chapter
10:15 - 11:15, Andrew L. Clark

• 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

Ethical Representation During Bankruptcy
11:15 - 12:15, Andrew L. Clark

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

Special Rights in Particular Property
1:15 - 1:45, Charles S. Embry

• Reclamation Rights
• Setoffs
• Landlords and Equipment Lessors

Miscellaneous Creditors' Rights
1:45 - 2:30, Charles S. Embry

• 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
• Administrative Claims Under 11 USC 503 b 9

Claims and Distributions
2:45 - 3:35, W. Lance Owens

• 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
3:35 - 4:30, W. Lance Owens

• 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

ANDREW L. CLARK is a partner in the Little Rock law firm of Clark, Byarlay & Sparks, where he practices in the areas of domestic relations, consumer and small business bankruptcy. He is a frequent speaker on bankruptcy and collection topics. He is a member of the Pulaski County Debtor-Creditor Bar, the Arkansas Bar Association and the Arkansas Association of Criminal Defense Lawyers. Mr. Clark earned his B.A. degree from the University of Arkansas and his J.D. degree from the University of Arkansas School of Law.

CHARLES S. EMBRY is a sole practitioner in North Little Rock where his practice areas include bankruptcy, debtor/creditor and Chapter 11. He is a member of the Arkansas Bar Association, the Debtor/Creditor Bar of Central Arkansas and the Consumer Bankruptcy Bar. Mr. Embry earned his B.A. and J.D. degrees from the University of Arkansas - Fayetteville.

W. LANCE OWENS has been a partner in the Marshall and Owens, P.A., law firm since 1991, and has been advising creditors on legal matters for the last 19 years. He is immediate past chairman of the Debtor/Creditor Section of the Arkansas Bar Association and currently serves as chairman of the Financial Institutions Section. The emphasis of his practice is representing financial institutions and other secured creditors.

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