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Bankruptcy 101: A Practical Program on Chapters 7 and 13 (WA)

This course is designed for practitioners new to Chapters 7 and 13

Past bankruptcy general boot camp with court staff attorneys: 

"Good practical tips." - Christina Matchett, Esq.

"Excellent materials and delivery by all panelists." - Leslie Smith, Esq.

"Good basic overview with practical focus."

"Very practical information."

"Well run and organized." - Corey Lewis, Esq.


Course Summary

Bankruptcy practice is a very specialized field.  Chapters 7 and 13 involve complicated procedures, law, issues and players.  This seminar will provide you with an introduction to handling Chapters 7 and 13 bankruptcy cases.  Expert practitioners as well as Trustees and a career bankruptcy court law clerk will guide you through the process.

Bankruptcy Court related topics include:
an introduction to the Bankruptcy court, electronic filing issues, motion practice, adversary proceedings, appeals and ethics.

Chapter 7 basics will also include creditor’s representation, debtor’s representation, and the role of the Trustee.  For those representing the debtor, you will learn about the attorney’s tool kit, the pre-petition information gathering process, income, expense and means test, credit counseling certificates, filing and its effect, 4002 documents, the 341 meeting, deadlines for discharging the complaint, the financial education requirement, discharge, interaction with the Chapter 7 Trustee and the U.S. Trustee, various types of claim treatment.  You will also learn about what happens to the assets.  For those representing the creditor, you will learn about creditor’s rights, special situations, treatment of secured claims in reorganization cases, judgment lien avoidance, exceptions and objections to discharge, and dismissal and conversion.

Chapter 13 basics will include creditor’s representation, debtor’s representation, and the role of the Trustee.
  For those representing the debtor, you will learn about client responsibilities, drafting the Chapter 13 plan, schedules and statements, the means test, filing documents, getting your attorneys feeds paid, the section 341 meeting, and plan confirmation issues.  You will also learn about post confirmation issues, debtor financial education and the completion of the plan and discharge.  For those representing the creditor, you will learn about creditor’s rights, special situations, treatment of secured claims in reorganization cases, judgment lien avoidance, exceptions and objections to discharge, and dismissal and conversion.

The Role of the Trustee will be covered for both Chapter 13 and 7 cases.

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What You Will Learn if You Attend This Seminar

Introduction:
    • Overview of bankruptcy court
    • Resources available on court website
    • CM/ECF Issues
    • Motion Practice
          • Notice and service rules
          • Contested matters
          • Ex parte motions
    • Adversary Proceedings
    • Appeals
    • Ethical Issues
          • Ex Parte communications
          • Sanctions
          • Employment and fees

Chapter 13 Basics, Debtor’s Representation, Role of the Trustee:
    • Overview
          • Definition
          • Who Qualifies as Debtor/Eligibility Requirements
          • Benefits/Reasons to File
    • Client Responsibilities and Information
          • Income and expense information
              • Tax return
              • Income proof
              • Bank statements
          • Asset information and valuation
          • Debtor information
          • Pre-filing credit counseling
    • Drafting Plan, Schedules and Statements, Means Test
    • Filing Documents/Paying Court Filing Fee
    • Getting Attorney Fees Paid
          • No-look fee
          • Fees at hourly rate -- fee application
          • Local Bankruptcy Rule 2016-1
    • Section 341 Meeting
          • Pre-meeting requirements -- e-mail documents to Trustee
          • ID/SSN proof
          • What happens at meeting
    • Plan confirmation issues
    • Role of Chapter 13 Trustee
    • Post-Confirmation Issues
    • Debtor Financial Education
    • Completion of Plan and Discharge

Debtor’s Representation, Chapter 7:
    • The concept of Chapter 7
    • Counsel's "Toolkit":
    • Prepetition information gathering process
          • Who is the debtor
          • Petition, schedules, and statements
          • Goal =discharge
          • Assets to be listed; valuation and exemptions
          • Creditors to be listed
    • Income, expenses, and Means Test
    • Credit counseling certificate
    • Filing and its effect
    • 4002 Documents
    • 341 meeting
    • 60 day deadline for discharge complaints
    • Financial education requirement
    • Discharge
    • Interaction with chapter 7 trustee and US trustee
    • Treatment of types of claims:
          • Secured claims
              • foreclosures / relief from stay
              • judgment and non-purchase money liens
              • Reaffirmations
          • Unsecured claims
          • Nondischargeable claims
    • What happens to assets?
          • No asset case
          • Asset case
 
Creditor’s Representation, Chapters 7 and 13:
    • Overview of Creditor’s Rights
    • Rights of Creditors in Special Situations
          • Sales Free and Clear of Liens
          • Termination of the Automatic Stay
    • Treatment of Secured Claims In Reorganization Cases
    • Judgment Lien Avoidance
    • Exceptions and Objections to Discharge
    • Dismissal and Conversion

Role of the Trustee in Chapter 7 Proceedings:
    • Overview
    • Preparing for the Sec 341 Meeting of Creditors
    • Liquidation of Assets
    • Objections to Exemptions, Discharge and Abusive Filings
    • Why Can't We Just Get Along?

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Home Study Course

Purchase now »

Bankruptcy 101 Washington

Live recording of the January 2010 Bankruptcy 101 program in Seattle.   Approved for 6.0 MCLE units, including 0.5 ethics credit in California and Washington. 

$379 plus tax (in CA) and $7.50 shipping.


PDF Order Form

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Agenda


    • Ch 13 Debtor and Trustee perspective
    • Ch 7 Debtor’s representation perspective
    • Ch 7 & 13 Creditor’s representation perspective
    • Chapter 7 Trustee’s perspective

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MCLE Credit

Pincus Professional Education certifies that this seminar has been approved for 6.0 hours of MCLE credit in California and Washington, including 0.5 hour ethics credit.

Upon request, we will assist attorneys in asking for CLE credit in other states.

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Instructors

Moderators:

Audrey E. Gervasi, Esq.
Law Clerk
U.S. Bankruptcy Court, Western District of Washington

For the past 12 years, Audrey E. Gervasi has served as a career law clerk for a federal bankruptcy judge at the U.S. Bankruptcy Court, Western District of Washington at Tacoma and the Bankruptcy Appellate Panel of the Ninth Circuit.  Prior to becoming a law clerk, Ms. Gervasi was an associate in private bankruptcy practice with a Seattle law firm.  Ms. Gervasi graduated from Seattle University School of Law, magna cum laude, in 1996, where she served as a Law Review Note and Comment Editor.

Faculty:

Virginia A. Burdette, Esq.

Andrews Burdette

Ms. Burdette was appointed as a Chapter 7 Panel Trustee in 1997.  She also serves as a Chapter 11 and Chapter 12 Trustee.  Prior to her appointment as trustee, Ms. Burdette’s practice was devoted exclusively to representing debtors in consumer bankruptcy cases, with an emphasis on Chapter 13.  She is a frequent speaker on consumer bankruptcy issues, including the National Association of Chapter 13 Trustees, National Association of Bankruptcy Trustees, Northwest Bankruptcy Institute, and the U.S. Trustee National Training Seminar.  Ms. Burdette has also taught Consumer Bankruptcy at the University of Washington Law School. 

Thomas S. Linde, Esq.
Partner
Schweet Rieke & Linde, PLLC

Tom’s investigative approach has allowed him to become one of the leading experts in the areas of real estate, and creditor’s rights and remedies law.  Using the lens of experience that comes from 24 years of specialized practice in the areas of real estate transactions and financing, judicial and non-judicial real property foreclosures, real estate contract forfeitures, evictions, and the representation of creditors in bankruptcy court proceedings, Tom is known for finding resolution in often difficult cases.  A good communicator, with an in-depth knowledge of Washington state and federal bankruptcy law, Tom works closely with his clients to develop sensible and strategic plans that he executes with a capable hand.  His expertise, forensic approach, ability to think outside the box, and track record of success for problem cases has made him a sought after speaker and educator on creditor’s rights and remedies, and bankruptcy in particular.  As a result, Tom is often called upon by others to provide counsel and insight on highly specialized cases that cross over into emerging law. 

Tom received his B.A. degree, magna cum laude, in History from the University of Washington where he was elected Phi Beta Kappa.  He earned his J.D. degree, with honors, from the University of  Washington School of Law.  He is a past chair of the Washington State Bar Association CLE Committee, and a past chair of the King County Bar Association Bankruptcy Section.

Kimberly J. MacLeod, Esq.

Law Offices of Kimberly J. MacLeod, P.C.

Kim received her law degree in 1986 from the University of Puget Sound (now known as Seattle University).  She earned her undergraduate degree in 1983 from the University of Washington.

From mid-1986 until 1998, Kim was in private practice, concentrating primarily in representation of debtors in consumer and small business bankruptcies.  Kim began working as a Staff Attorney for the Seattle Chapter 13 Trustee’s office in 1998, and served as Senior Staff Attorney for K. Michael Fitzgerald, the Seattle Chapter 13 Trustee, from 1999 until September, 2009.

On September 14, 2009, Kim opened the Law Offices of Kimberly J. MacLeod, P.C., located in downtown Edmonds.  Kim’s practice focuses on the representation of debtors in Chapter 7 and Chapter 13 bankruptcies.

Alan J. Wenokur, Esq.

Alan J. Wenokur has been a sole practitioner since 1991, emphasizing bankruptcy and debtor/creditor law.  He regularly represents debtors and creditors in Chapter 7 and Chapter 13 bankruptcy cases, as well as creditors in Chapter 11 cases.  He also focuses on representation of Chapter 7 trustees, often in cases featuring undisclosed assets or other questionable conduct.  A member of the state creditor/debtor section and the American Bankruptcy Institute, Mr. Wenokur frequently speaks on bankruptcy law issues at professional seminars.

Jason Wilson-Aguilar, Esq.
Senior Staff Attorney / Legal Department Manager
Office of K. Michael Fitzgerald, Chapter 13 Trustee

Mr. Wilson-Aguilar is Senior Staff Attorney and Legal Department Manager in the Chapter 13 Trustee’s Office.  He was previously Vice President and Counsel in the Home Loans and Consumer Lending Division of Washington Mutual Bank’s Legal Department.  Mr. Wilson-Aguilar has represented both debtors and creditors in consumer bankruptcy cases in Washington and Oregon.  He is a frequent writer and speaker on bankruptcy and mortgage lending topics.  B.A., University of Oregon; J.D., Lewis and Clark Law School.

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What attendees have said about this seminar:

Past bankruptcy general boot camp with court staff attorneys: 

"Good, timely and pertinent information!! Delivered what was promised!"  -Charles R. Steinberg, Esq.

"All of the individuals appeared to have an in-depth knowledge of the subject." - William G. Schneberg, Esq.

"Knowledge was outstanding!"

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Terms & Policies

Seminar, Webinar, Webcast Registration and Attendance Terms & Policies

Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.

Recording policy: No audio or video recording of any program is permitted.

Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event.

Substitutions may be made at any time.

Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available.

Return/Refund Policy for Tapes/CDs/DVDs:

Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.

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