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 - 9:45, Mary Beth Ausbrooks
  • 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
  9:45 - 10:30, Michael Gigandet
  • 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
  10:45 - 11:45, William L. Norton III
  • 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
  12:45 - 1:30, Michael Gigandet
  • Purpose of the Meeting
  • Who Should Attend
  • Questions to Expect and Prepare For
  • Proofs of Claim
• Understanding the Automatic Stay
  1:30 - 2:30, William L. Norton III
  • 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
  2:45 - 3:30, Mary Beth Ausbrooks
  • 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, Michael Gigandet
  • 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

MARY BETH AUSBROOKS is a partner in the law firm of Rothschild & Ausbrooks, PLLC, where her areas of practices include consumer bankruptcy. Ms. Ausbrooks is a board certified specialist in consumer bankruptcy. Her bar admissions include Tennessee. Ms. Ausbrooks earned her A.S. degree in business and commerce from the Volunteer State Community College, her B.B.A. degree in accounting from Tennessee State University and her J.D. degree from the University of Memphis School of Law. She is a member of the Nashville and Tennessee bar associations and the National Association of Chapter 13 Trustees. Ms. Ausbrooks is also the president of the Middle Tennessee Association of Consumer Bankruptcy Attorneys and the Tennessee state chair for the National Association of Consumer Bankruptcy Attorneys.

MICHAEL GIGANDET is a sole practitioner in Pleasant View, where he practices in the areas of workers' compensation, insurance defense law, bankruptcy law and civil litigation. Mr. Gigandet frequently lectures on workers' compensation, insurance defense and bankruptcy. He earned his B.S. degree, magna cum laude, from Middle Tennessee State University and his J.D. degree from Vanderbilt University. Mr. Gigandet is a member of the Tennessee Bar Association, the Tennessee Defense Lawyers Association and the National Association of Bankruptcy Trustees. He is also a Chapter 7 Bankruptcy Trustee.

WILLIAM L. NORTON III is a partner in the Nashville law firm of Bradley Arant Boult Cummings LLP, in Nashville, where his main area of practice is in the commercial finance area, dealing primarily in creditors' rights and insolvency. He is certified as a business bankruptcy law specialist by the Tennessee Commission on Legal Education and Specialization. Mr. Norton is an adjunct professor at Vanderbilt University School of Law and a frequent speaker at seminars on bankruptcy, real property foreclosure and the Uniform Commercial Code. He is the managing editor of Norton Bankruptcy Law & Practice 3d and co-wrote Norton Creditors' Rights Handbook (West). Mr. Norton earned his B.A. and J.D. degrees from Vanderbilt University. He is a fellow at the American College of Bankruptcy, a past president of the American Board of Certification, a past president and founder of the Tennessee Turnaround Management Association, and a past president of the Mid-South Commercial Law Institute. Mr. Norton is a member of the Nashville, Tennessee and American (member, Business Bankruptcy Committee, Business Section) bar associations, and the American Bankruptcy Institute.

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