Agenda / Content Covered

All times are shown in Eastern time

1. Secured and Unsecured Creditors in Bankruptcy: The Basics
   10:00 - 11:00, Raymond H. Aver
   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)
   11:15 - 12:15, Raymond H. Aver
   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, Raymond H. Aver
   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, John C. Ruddy
   1. Sales Free and Clear
   2. Lien Stripping and Cramdown
   3. Claim Bifurcation
5. The Ugly (For Creditors)
   3:00 - 4:00, John C. Ruddy
   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:

RAYMOND H. AVER is a member of the Aver Law Firm, a boutique law firm that specializes in debtor/creditor representation. He has more than 25 years of experience in all aspects of bankruptcy practice representing debtors and creditors in business and consumer Chapter 11, Chapter 13, and Chapter 7 bankruptcy cases, and is a certified bankruptcy specialist, State Bar of California, Board of Legal Specialization. Mr. Aver is a frequent lecturer to attorneys and businesspersons on various bankruptcy and creditors' rights related topics. He has been a panelist for CEB, National Business Institute, the Los Angeles County Bar Association, Bankers' Legal Access, Western Association of Equipment Lessors and UCLA Extension. Mr. Aver is a mediator appointed by the U.S. Bankruptcy Court for the Central District of California. He is a member of the CDCBAA (Central District Consumer Bankruptcy Attorneys' Association), and the American Bankruptcy Institute. Mr. Aver earned his B.A. degree, with honors, from the University of California at Los Angeles and his J.D. degree from the University of California, Hastings College of the 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.