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| From Event: Top 9 Complications in Bankruptcy, held December 2011.
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Program Description
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Keep the cases you would normally refer! Go beyond-the-basics with veteran practitioners walking through complicated bankruptcy scenarios and examining how to handle them. This practical approach will give you the knowledge necessary to work through a cascade of interacting issues and correctly file these tricky cases. Order today!
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Course Content
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#1 Means Test Complications – Beyond Median Income #2 Treatment of Taxes #3 Debtor Owns a Small Business and Real Estate #4 Estate Complications #5 Preferences and Fraudulent Transfers #6 Divorce Settlement Issues #7 Leaves of Automatic Stay #8 Court Dismissal #9 Ethical Considerations
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Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please
contact us at 866-240-1890 or credit@nbi-sems.com.
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Agenda / Content Covered:
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#1 MEANS TEST COMPLICATIONS - BEYOND MEDIAN INCOME 9:00 - 9:45, Bernd G. Stittleburg The debtor fails the median income test. Does this mean she's bound for Chapter 13? Experienced faculty will show you what the casual bankruptcy practitioner may miss. Find out what to look for in a complete expense analysis, IRS expense guidelines, and unlisted Court allowances. #2 TREATMENT OF TAXES 9:45 - 10:15, Kevin A. Stine Using carefully-crafted, complex tax scenarios, faculty will show you how to handle the treatment of taxes under Chapter 7 and Chapter 13. Review the tax rules in bankruptcy and avoid mistakes when applying them in complicated cases. #3 DEBTOR OWNS A SMALL BUSINESS AND REAL ESTATE 10:30 - 11:15, Michael D. Robl A married couple owns a small business and has some real estate investments on the side. They face financial hardships. How should they file for bankruptcy? Walk through the issues this situation presents with faculty touching on domestic relations, personal liability for business debt, choice of entity, plans under Chapter 11 and 13, and dischargeability if filing separately. #4 ESTATE COMPLICATIONS 11:15 - 12:00, Michael D. Robl The Smiths know they are in financial trouble, but before calling you to discuss filing for bankruptcy, they purchase an expensive homestead and load money into Mr. Smith's 401K and their IRAs. Using this case study, experienced faculty will highlight the issues involved in "bankruptcy estate planning," including means test complications. #5 PREFERENCES AND FRAUDULENT TRANSFERS 1:00 - 1:30, Michael D. Robl A young married couple sold their house and got $22,000. They used the money as a down payment on a new house titled to the wife's father, who got the financing for them. Unfortunately, they have to file for bankruptcy. Is the money they put down on the house a preference or a fraudulent transfer, or nothing? Examine this scenario and others to gain a better understanding of preferences and fraudulent transfers. #6 DIVORCE SETTLEMENT ISSUES 1:30 - 2:00, Kevin A. Stine An ex-husband loses his executive-level position and, because of health problems and a lack of savings, files for bankruptcy. How does this affect his divorce settlement agreement or court order? If this results in a complaint to deny discharge, is there a possibility of complaint success? Examine the fact patterns with experienced practitioners and find out! #7 LEAVES OF AUTOMATIC STAY 2:15 - 3:00, Gregory M. Taube Mr. and Mrs. John Doe filed for bankruptcy, but there are tort claims asserted against John Doe. Can automatic stays be lifted to allow personal injury and other actions to proceed? Experienced faculty will show you what options are available. #8 COURT DISMISSAL 3:00 - 3:30, Gregory M. Taube Miss Brokenow files Chapter 13 bankruptcy on the eve of a judicial sale of her assets on account of a creditor's perfected judgment lien. There is only one creditor listed in her petition. Can the Bankruptcy Court dismiss her case? Get the answers in this valuable session. #9 ETHICAL CONSIDERATIONS 3:30 - 4:30, Gregory M. Taube Discuss some of the ethical conundrums that may arise during bankruptcy cases, including conflicts of interest, billing attorney's fees, and issues with full disclosure and asset transfers.
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MICHAEL D. ROBL is a partner at The Spears & Robl Law Firm LLC in Decatur, Georgia. He has significant experience representing creditors and debtors in Chapter 7, 11 and 13 bankruptcy matters, including filing and contesting voluntary and involuntary bankruptcies; adversary proceedings regarding preferential, fraudulent, and post-petition transfers; relief from automatic stay motions; violation of automatic stay claims; objections to collateral valuations; motions to convert or dismiss cases; financing statement validity disputes; objections to exemptions; objections to proofs of claim; objections to discharge; objections to lien claims; objections to motions to assume and assign contracts; priority disputes; opposition to Chapter 11 first-day orders; administrative expense claims; and purchasing assets from bankruptcy estates. Mr. Robl has given numerous continuing legal education seminars on bankruptcy law and litigation around Georgia and for national teleconferences, and has written articles in the Georgia Bar Bankruptcy Section Newsletter and the Journal of the American Bankruptcy Institute. He graduated from the Emory University School of Law with distinction. While at Emory, Mr. Robl was the executive articles editor of the Bankruptcy Development Journal from 1993-1994. KEVIN A. STINE is a shareholder with the Atlanta, Georgia office of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC and has significant experience in all areas of litigation, including bench and jury trials in state and federal courts, and various forms of alternative dispute resolution, such as arbitrations and mediations. He focuses his commercial and business litigation practice on bankruptcy, insolvency, creditors’ rights, secured transactions and intellectual property issues. In addition, Mr. Stine advises clients on a wide range of legal issues, ranging from contracts and employment matters to corporate governance and property rights. His proactive approach with his clients includes practical legal advice to avoid disputes, where feasible. For instance, Mr. Stine has helped clients negotiate and draft loan agreements; liens and related debt instruments; standard contractual terms and conditions; restrictive covenants and other employment agreements; policies and procedures; and minutes, resolutions, notices and other corporate instruments. He is a member of the State Bar of Georgia, the Atlanta Bar Foundation (fellow), and the Atlanta (Litigation and Bankruptcy sections) and the American (Business Law, Litigation, and Tort Trial and Insurance Practice sections) bar associations. Mr. Stine earned his B.S. degree from Florida State University and his J.D. degree from Emory University School of Law. BERND G. STITTLEBURG is an attorney with Stittleburg Law Offices, LLC in Dunwoody, where he assists clients with Chapters 7 and 13 consumer bankruptcy cases, small business bankruptcy cases and uncontested divorce matters. He is a member of the State Bar of Georgia, the Atlanta Metro Consumer Bankruptcy Attorneys Group and the National Association of Consumer Bankruptcy Attorneys. Mr. Stittleburg earned his A.S. degree from the University of Wisconsin; his B.S. degree from Clark University; and his J.D. degree from John Marshall Law School, Atlanta, where he was a staff member on their inaugural law review publication, The John Marshall Journal of Law and Ethnic Relations. GREGORY M. TAUBE is a partner of Nelson Mullins Riley & Scarborough LLP in Atlanta. He practices in the areas of bankruptcy and creditors' rights, and business litigation. Mr. Taube primarily advocates for creditors and landlords in state and federal courts, including bankruptcy courts in Georgia and Alabama. He also regularly represents litigants in consumer finance litigation, contract and real estate disputes, franchise and distribution disputes, business torts, and other business litigation. Mr. Taube actively participates in the Creditors' Rights Section of the State Bar of Georgia and serves as co-chair of the section's newsletter. He served as an editor of the Journal of the Legal Profession and received the M. Leigh Harrison Award. Mr. Taube frequently writes and speaks on bankruptcy and creditors' rights issues. He also is a member of the Atlanta Bar Association and serves on the editorial board of The Atlanta Lawyer. Prior to joining the firm, Mr. Taube served as law clerk to U.S. District Judge Daniel H. Thomas of the Southern District of Alabama and U.S. Bankruptcy Judge James S. Sledge of the Northern District of Alabama. He earned his B.A. degree from the University of South Alabama and his J.D. degree, summa cum laude, from the University of Alabama School of Law, where he was named a member of the Order of the Coif. During law school, Mr. Taube was a member of the Campbell Moot Court Board and the Jessup Moot Court Team.
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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
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