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!

• 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

Continuing Education Credits:   

* denotes specialty credits

• 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

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).

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