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| From Event: Bankruptcy Basics Boot Camp, held March 2012.
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Program Description
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Filing a bankruptcy petition can be an intimidating task for an attorney who isn't familiar with the required forms and paperwork, but the practice area is a worthwhile addition to your firm. If you are looking to expand your practice or build up your skill-set, this is the bankruptcy how-to for you. Learn the bankruptcy process as experienced attorneys walk through the calculations and filing requirements. Order today!
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Course Content
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- Utilizing the Client Intake Interview
- Working Through the Means Test
- Preparing the Bankruptcy Filing
- Planning the 341 Meeting
- Understanding the Automatic Stay
- Drafting Chapter 13 Repayment Plans
- Reviewing Ethics
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Continuing Education Credits:
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Continuing Legal Education Credit Hrs State Credit Approval Expiration
National Association of Legal Assistants, Inc. - NALA: 6.00 National - Credit Approval Expiration 03/26/2014 National Federation of Paralegal Associations, Inc. - NFPA: 6.00 National - Credit Approval Expiration 03/26/2013
* denotes specialty credits
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Agenda / Content Covered:
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- Utilizing the Client Intake Interview
9:00 - 9:35, Edward J. Karfeld - Is Credit Counseling an Alternative?
- Documents to Request Right Away
- Questions to Ask in the Initial Interview
- Explaining the Process and Bankruptcy Options to Your Client
- Helping Your Client Determine Which Chapter to File
- Rules for Setting up Retainer Agreements
- Working Through the Means Test
9:35 - 10:20, Edward J. Karfeld - Exempt vs. Non-Exempt Property
- Allowable Expenses
- How to Determine the Debtor's Income
- Is Your Client's Income More Than the Median?
- What Happens if Your Client Does Not Pass the Means Test?
- Common Mistakes to Avoid
- Communicating With the U.S. Trustee
- Preparing the Bankruptcy Filing
10:35 - 11:30, Edward J. Karfeld - Checklist of Filing Procedures
- What Schedules to File
- The Bankruptcy Petition
- Statement of Financial Affairs
- Monthly Budget
- Property and Debt Listings
- Pros and Cons of Electronic Filing
- Filing Do's and Don'ts
- Planning the 341 Meeting
11:30 - 12:15, John C. Caraker - Purpose of the Meeting
- Who Should Attend
- Questions to Expect and Prepare For
- Proofs of Claim
- Understanding the Automatic Stay
1:15 - 2:15, James S. Cole Jr. - Broad Scope of the Automatic Stay
- Mortgage Servicing Issues
- Motion for Lift of Stay: How, Why You Can Request It
- Monetary Sanctions for Automatic Stay Violation Where Notice is Lacking
- Terminating the Stay
- Changes in the Automatic Stay Due to Reform Legislation
- Harassment Issues
- Drafting Chapter 13 Repayment Plans
2:15 - 3:15, John C. Caraker - What is the Best Timeline for Your Client?
- When Conversion to Chapter 7 is Applicable
- How to Enforce and Modify Plans
- Standards of Confirmation
- Role of Exemptions in Chapter 13
- Best Interests of Creditors Test and Best Efforts Test
- Payment of Priority Claims and Secured Claims on Personal Property
- Lien Stripping
- Structuring Payments – A Case Study
- Negotiating Plan Payments with the Trustee
- Plan Confirmation and Modifications
- Reviewing Ethics
3:30 - 4:30, James S. Cole Jr. - Charging Attorneys' Fees
- Misrepresentation
- Intermingling Activities of Collection Agency and Attorney
- Avoiding Violations of the Discharge Injunction
- Zealous Advocacy v. Candor with the Court
- Common Situations for Concern
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JOHN C. CARAKER maintains his own law office and has more than 25 years of experience in consumer bankruptcy. He is licensed in Missouri and Illinois, and is admitted before the Eastern District of Missouri and the Southern District of Illinois. Mr. Caraker earned his B.S. degree from Bradley University, his M.B.A. degree from Illinois State University and his J.D. degree from St. Louis University. He also holds a certified public accountant certificate. Mr. Caraker has previously lectured to bankruptcy practitioners and bankruptcy professionals. He is also a member of The Missouri Bar and the Illinois State Bar Association. JAMES S. COLE JR. is an attorney in the St. Louis law firm The Wasinger Law Group, P.C., where he practices in the areas of bankruptcy law and civil litigation. Mr. Cole earned his B.A. degree from Saint Louis University and his J.D. degree from Harvard Law School. He has been on the faculty of continuing legal education seminars for The Missouri Bar, the Bar Association of Metropolitan St. Louis and National Business Institute. Mr. Cole is a member of the National Lawyers Association (member, Advisory Council). EDWARD J. KARFELD is the principal of the Karfeld Law Firm, P.C., in St. Louis. Mr. Karfeld practices in Missouri and Illinois in the areas of creditors' remedies and bankruptcy. He is past co-chair of the Bankruptcy Committee of the Bar Association of Metropolitan St. Louis. He is also a member of the Commercial Law Committee of The Missouri Bar. Mr. Karfeld has served as trustee in Chapter 7 and Chapter 13 cases, and has represented debtors and creditors in bankruptcy cases filed under Chapters 7, 9, 11 and 13. He is a frequent author and lecturer for The Missouri Bar and other professional organizations on topics dealing with bankruptcy and creditors' remedies. He has served as a co-writer and review editor of Missouri Bankruptcy Practice, MoBar CLE and Missouri Creditors' Remedies, MoBar CLE. Mr. Karfeld earned his J.D. degree from the University of Missouri at Columbia.
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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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ACCREDITATION DETAILS:
Continuing Legal Education
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IL
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CLE:
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6.00
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Credit Approval Exp 03/25/2014
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This program has been approved by the Illinois MCLE Board for 6.0 hours of distance learning CLE credit, which includes approval for 1.0 hour of ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.
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MO
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CLE:
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7.20
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Credit Approval Exp 03/26/2014
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NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 7.2 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.
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National Association of Legal Assistants, Inc.
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N
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LA:
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6.00
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Credit Approval Exp 03/26/2014
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This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, Inc., for 6.0 hours, including 1.0 ethics, of continuing legal assistant education self-study credit required to maintain the CLA (Certified Legal Assistant) credential.
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National Federation of Paralegal Associations, Inc.
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N
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PAR:
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6.00
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Credit Approval Exp 03/26/2013
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This seminar has been approved by The National Federation of Paralegal Associations, Inc. (NFPA) for 6.0 hours of Continuing Legal Education self-study credit, including 1.0 hour of ethics.
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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