Bankruptcy: From the Creditor's Perspective

Agenda / Content Covered

1. Secured and Unsecured Creditors in Bankruptcy: The Basics
   10:00 - 11:00, John C. Ruddy
   1. Pre-Bankruptcy Planning
   2. Claims Filing
   3. Administration
   4. Unexpired Leases and Executory Contracts
   5. Negotiations With the Various Committees
   6. Creditor's Rights During Bankruptcy Under Each Chapter
2. Automatic Stay (From the Creditor's Perspective)
   11:00 - 12:00, Nauni J. Manty
   1. What NOT to do!
   2. Secured vs. Unsecured Creditors
   3. What Chapters Does it Apply to? What are the Creditor's Rights for Each Type?
   4. Exceptions to the Automatic Stay That Provide Relief to Creditors
      1. Section 362(b)
      2. Section 362(d)
      3. Section 362 (f)
   5. Motion for Lift of Stay: How and Why You Can Request it
      1. Local Rules and Idiosyncrasies
      2. Monetary Sanctions for Automatic Stay Violation
3. The Good (For Creditors)
   12:15 - 1:15, Peter M. Gannott
   1. Reaffirmations
   2. Objections to Discharge & Dischargeability
   3. Dismissal & Conversion
   4. Creditors' Committees
   5. Appointment of Examiners or Trustees (Chap. 11)
4. The Bad (For Creditors)
   1:45 - 2:45, Peter M. Gannott
   1. Sales Free and Clear
   2. Lien Stripping and Cramdown
   3. Claim Bifurcation
5. The Ugly (For Creditors)
   2:45 - 3:45, Nauni J. Manty
   1. Avoidance Power: Preferences
   2. Avoidance Power; Fraudulent Conveyances
   3. Notes on Adversary Proceedings Generally
6. Ethical Representation During Bankruptcy
   4:00 - 5:00, John C. Ruddy
   1. Collection Letters and Communication With the Debtor
   2. Misrepresentation
   3. Intermingling Activities of Collection Agency and Attorney
   4. Harassment
   5. Attorneys' Fees
   6. Avoiding Violations of the Injunction

Accreditation Details:

Peter M. Gannott is the principal of the Louisville law firm of Gannott Law Group, PLLC. Since 1985, he has focused his practice in the areas of business and consumer bankruptcy, creditors' rights and commercial collections, complex commercial litigation, and real estate matters. Mr. Gannott works with clients on everything from the creation and dissolution of business entities to representation of our business clients in business-to-business collections or large asset issues. He is a frequent lecturer on his areas of practice and has been an adjunct faculty member at the University of Louisville. Mr. Gannott is board-certified in business bankruptcy law by the American Board of Certification. He graduated, with honors, from the University of Illinois and earned his J.D. degree from the Washington College of Law, American University.

Nauni J. Manty is the principal of Manty & Associates, P.A., where she focuses her practice on commercial litigation and complex bankruptcy matters. She has represented creditors in all types of settings, including enforcing creditors' rights and remedies in state court as well as in federal court. Ms. Manty has significant experience in bankruptcy law, representing debtors, creditors, and unsecured creditor committees. Her other areas of experience include creditor rights litigation, such as breach of contract, replevin, garnishment, and letter of creditor issues. Ms. Manty was appointed by the United States Trustee, Department of Justice, to serve as a Chapter 7 Panel Trustee for the District of Minnesota. In her position as a Chapter 7 Trustee, she oversees the administration of the Chapter 7 cases. Ms. Manty also has been appointed as a Chapter 11 Trustee. She frequently lectures on bankruptcy law, collections and analysis of financial statements. Ms. Manty was named a Super Lawyer by Minnesota Law & Politics for several years. In addition, she was named one of the Top 50 Female Attorneys in Minnesota. Ms. Manty earned her B.A. degree from Concordia University and her J.D. degree, cum laude, from William Mitchell College of Law.

John C. Ruddy is a managing member in the firm Ruddy & Petersen Law Group, LLC, in Aurora, Illinois. Mr. Ruddy concentrates his practice in the areas of litigation concerning real estate, bankruptcy reorganization, commercial matters, eminent domain and consumer disputes. He has been in practice since 1977. Mr. Ruddy advises and represents the firm's clients on real estate foreclosure proceedings, including the implementation of sheriff's sales. He also advises and represents loan borrowers on defenses and counterclaims to mortgage foreclosure proceedings, including the Fair Credit Agreements Act; the Real Estate Settlement Protections Act; the Truth in Lending Act; the Fair Debt Collection Practices Act and the Illinois Consumer Fraud Act. Mr. Ruddy earned his undergraduate degree from the University of Denver and his J.D. degree from John Marshall Law School. He has been the chairperson of the Commercial Banking and Bankruptcy Committee of the Kane County Bar Association from 1994 to the present, and is a former bankruptcy trustee.