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. Special Rights in Particular Property
4. Miscellaneous Creditors' Rights
5. Claims and Distributions
6. Automatic Stay Litigation
7. Ethical Representation During Bankruptcy

Case Evaluation
9:00 - 9:30, Philip B. Hereford

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

Overview of Creditors' Rights Under Each Chapter
9:30 - 10:30, Andrew S. Nason

• 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

Special Rights in Particular Property
10:45 - 11:15, Charles I. Jones Jr.

• Reclamation Rights
• Setoffs
• Landlords and Equipment Lessors

Miscellaneous Creditors' Rights
11:15 - 12:15, Philip B. Hereford

• 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

Claims and Distributions
1:15 - 2:15, Andrew S. Nason

• 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
2:30 - 3:30, Charles I. Jones Jr.

• 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

Ethical Representation During Bankruptcy
3:30 - 4:30, Charles I. Jones Jr., Andrew S. Nason and Philip B. Hereford

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

PHILIP B. HEREFORD is a member of the law firm of Hereford & Riccardi, PLLC, in Charleston. He practices in the areas of banking, bankruptcy and commercial law, and is a frequent speaker on these topics. Mr. Hereford is a member of the Kanawha, West Virginia and American bar associations. He has earned a B.A. degree from Hampden-Sydney College in Virginia and his J.D. degree from West Virginia University.

CHARLES I. JONES JR. is a partner in the Charleston office of Campbell Woods, PLLC, where he practices in the areas of bankruptcy/creditors' rights and commercial law. After several years of experience as counsel to the State Tax Commissioner, he served as U.S. bankruptcy clerk for the Southern District of West Virginia. Mr. Jones is a member of the bankruptcy committees of the West Virginia State, Kentucky and American bar associations. He earned his B.S. degree from North Carolina State University, his M.S. degree from the University of Virginia and his J.D. degree from West Virginia University.

ANDREW S. NASON is a partner in the Charleston law firm of Pepper & Nason, where he practices in the areas of bankruptcy, divorce and family law, personal injury and Social Security cases. Mr. Nason is chair of the Family Law Committee of The West Virginia State Bar and speaks frequently on bankruptcy matters and divorce law. He earned his B.A. degree, with honors, from the University of Michigan and his J.D. degree from the University of North Carolina.

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