Agenda / Content Covered

All times are shown in Eastern time.

• INTRODUCTION TO THE BANKRUPTCY CODE AND RULES
  9:00 - 9:30, Ian M. Falcone, Will Geer, Roderick H. Martin, and Gai Lynn McCarthy
  • Various Bankruptcy Proceedings
  • Eligibility
  • Exemptions
  • Q&A
• CONDUCTING THE INITIAL CLIENT INTERVIEW
  9:30 - 10:30, Ian M. Falcone, Will Geer, Roderick H. Martin, and Gai Lynn McCarthy
  • Bankruptcy Alternatives
  • How to Conduct and Analyze Intake Interviews
  • Must-Ask Questions in Follow-Up Interviews
  • Rules for Setting Up Retainer Agreements
  • Creating Correspondence Faster
  • Helping Your Client Determine Which Chapter to File
  • Clarifying Key Differences Between Chapters for Clients
  • Q&A
• THE BASICS OF CHAPTER 7 AND THE MEANS TEST
  10:45 - 11:45, Ian M. Falcone, Will Geer, Roderick H. Martin, and Gai Lynn McCarthy
  • Information to Obtain From Debtors
  • The Means Test
  • Exempt vs. Non-Exempt Property
  • When to File Petition and Related Documents
  • The Trustee's Role
  • Automatic Stay
  • What to Expect From Creditors' Meetings
  • Spot Problems When Liquidating Remaining Assets
  • Control Distribution to Creditors and Discharge of Bankruptcy
  • Q&A
• THE BASICS OF CHAPTER 13
  12:45 - 1:45, Ian M. Falcone, Will Geer, Roderick H. Martin, and Gai Lynn McCarthy
  • Compare and Contrast Chapter 13 and Chapter 7
  • Automatic Stay Provisions
  • The Trustee's Role as Administrator
  • Tips for Creating and Filing Repayment Plans
  • Easy Ways to Establish Priority of Claims
  • Avoid Mistakes When Confirming or Rejecting Plans
  • When Conversion to Chapter 7 is Applicable
  • Enforce and Modify Plans
  • Uncover Broader Discharge Options
  • Q&A
• ENSURING ETHICAL CONDUCT
  1:45 - 2:45, Ian M. Falcone, Will Geer, Roderick H. Martin, and Gai Lynn McCarthy
  • Specific Provisions of the Bankruptcy Code on Ethics
  • Sanctions in Bankruptcy Proceedings
  • Ethics of Conflicts of Interest
  • Q&A
• BANKRUPTCY FORMS AND FILING PROCESS
  3:00 - 3:45, Ian M. Falcone, Will Geer, Roderick H. Martin, and Gai Lynn McCarthy
  • Choose the Right Forms (Sample Forms Included)
  • What Schedules to File
  • Checklist of Filing Procedures
  • Do's and Don'ts When Filing Petitions
  • Pros and Cons of Electronic Filing
  • Q&A
• AUTOMATIC STAY LITIGATION IN A NUTSHELL
  3:45 - 4:30, Ian M. Falcone, Will Geer, Roderick H. Martin, and Gai Lynn McCarthy
  • The Real Purpose of the Automatic Stay
  • Creditors Strategies for Terminating or Obtaining Relief From the Stay.
  • Determine Violations of the Stay
  • How the Stay Affects the Statutes of Limitation
  • Helpful Sample Forms
  • Q&A

IAN M. FALCONE is an attorney with The Falcone Law Firm, P.C., and has more than 25 years of legal experience. His practice focuses on complex bankruptcy matters involving intertwined corporate and personal debt situations, and divorce-related obligations. His firm also handles bankruptcy litigation, family law, and small business matters. Mr. Falcone received his B.S. degree from the College of Engineering at Tufts University in 1989 and his J.D. degree from Albany Law School in 1992. He has served as founding member and president of the Bankruptcy Section of the Cobb County Bar and president of the Solo and Small Firm Section of the Cobb County Bar. Mr. Falcone is a member of the NACBA - National Association of Consumer Bankruptcy Attorneys, the MACBAG - Metro Atlanta Consumer Bankruptcy Attorney Group, the Family Law Section of the Cobb County Bar, the Bankruptcy Law Section of the Cobb County Bar, and the Solo and Small Firm Section of the Cobb County Bar. He is a part-time professor at Kennesaw State University and has guest lectured at Georgia State University College of Law. He is a regular speaker on the issues of individual and small business chapter 11 cases, bankruptcy litigation, and the intersection of bankruptcy and family law.

WILL GEER is a founding partner of Wiggam & Geer, LLC. Mr. Geer helps clients navigate the perils of bankruptcy court. His clients include individuals and businesses seeking relief from their overwhelming financial problems and creditors looking to protect their rights. He files Chapter 7, Chapter 13, and Chapter 11 cases throughout Georgia and has advised clients across the nation on bankruptcy issues. Mr. Geer received received his B.B.A. degree from Valdosta State University and his J.D. degree from Mercer University School of Law. He is admitted to practice in the state courts of Georgia and in the federal courts of the Northern and Middle Districts of Georgia. He is also a member of the American Bankruptcy Institute.

RODERICK H. MARTIN is an attorney with Roderick H. Martin Law, PC. Mr. Martin has been practicing bankruptcy law for almost 30 years in Georgia. He graduated from the University of Wisconsin and received his J.D. degree from the Georgia State University College of Law. Mr. Martin teaches Bankruptcy Law in the Kennesaw State University Paralegal certificate program, and frequently lectures on bankruptcy matters to other lawyers.

GAI LYNN MCCARTHY is Of Counsel with KPPB Law. Ms. McCarthy brings more than a decade of experience representing individuals and businesses in bankruptcy as debtors and creditors. She specializes in Chapter 7 and 11 for debtors to protect assets, discharge debts and defend objections to discharge. Her practice also includes bankruptcy litigation related to objections to discharge, reclamation, and defense of preferential transfer claims. Ms. McCarthy received her B.A. degree from Long Island University and her J.D. degree from Rutgers School of Law. She is a member of the American Bankruptcy Institute, the Atlanta Bar Association, the Georgia Bar Association, the Metropolitan Atlanta Consumer Bankruptcy Group and the National Association of Consumer Bankruptcy Attorneys.