Description
Learn how bankruptcy influences collection efforts and how to properly respond to a bankruptcy.The filing of a bankruptcy always complicates and in many ways frustrates a creditor’s collection efforts. However, there are steps that can be taken and strategies that can be employed to maximize the potential for recovery in such situations. Knowing the bankruptcy process, the types of claims, and certain advantages provided to creditors in the Bankruptcy Code are key in evaluating the best path. Moreover, preparing for a potential bankruptcy while in the process of settling a collection action can often help mitigate the possible clawback of settlement funds in a future bankruptcy. Knowledge of these issues can greatly benefit internal collections and outside collection counsel if and when a bankruptcy is filed.
Date: 2024-04-26 Start Time: End Time:
Learning Objectives
Bankruptcy 101
• Understanding Primary Bankruptcy Processes
• Key Differences Between Chapter 11, Chapter 7 and Chapter 13 Cases
• New Subchapter 5 of Chapter 11
• Various Types of Creditor Claims and How to Assert Them
The Automatic Stay
• Understanding the Primary Effects of the Automatic Stay
• Who Does the Automatic Say Affect? Third Parties, Guarantors
?
• Seeking Relief From the Automatic Stay
Bankruptcy Discharge
• What Does a Bankruptcy Discharge Accomplish and Who Can Get a Discharge?
• Can a Creditor Collect/Execute After a Discharge?
• Exceptions to and Objecting to a Debtors Discharge
• Exemptions
Strategies Prior to and in Bankruptcy
• Credit Enhancements and Bankruptcy Remote Collection Tools
• Proofs of Claim
• Involuntary Bankruptcy as a Collection Tool
Preferential Transfer Considerations
• Collecting in the Face of an Expected Bankruptcy Filing
• Settlement Agreement Provisions to Help Protect Against Avoidance of Settlement Payments
• Preference Defenses
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Kirk B. Burkley, Esq.-Bernstein-Burkley, P.C., Raymond P. Wendolowski Jr., Esq. – Bernstein-Burkley, P.C.
