Description
Learn about the exemptions available under the Bankruptcy Code.Whether you are a creditor, represent a debtor or a creditor, or are just dying to know about bankruptcy exemptions, this course has something for everyone. This topic will discuss exemptions available under the Bankruptcy Code. There will be discussions on state versus federal exemptions and their differences. This material will provide a perspective from both a debtor’s point of view and a creditor’s point of view. As important as it is to learn about exemptions from both sides, it is just as or even more important to learn how the bankruptcy trustee is involved, what the trustee is looking for, and what duties the trustee has. Additionally, the speakers will also discuss what happens to the property of the estate that cannot be exempted or when a creditor has been successful in objecting to exemptions. This panel will highlight exemptions from a 30,000foot view and break down the ins and outs of using and objecting to exemptions.
Date: 2023-08-10 Start Time: End Time:
Learning Objectives
Overall View – Exemptions Under 11 U.S.C. §522
• Exemptions Available Under the Bankruptcy Code
• Federal vs. State Exemptions
• Identifying Which Exemptions to Utilize and When
• Overall Trustee Involvement; How Choosing the Right Exemption Could Affect the Case
Exemptions in Detail (Debtor and Creditor Perspective)
• Proper Completion and Valuations in Schedules
• Identifying Relevant Exemptions
• Use of Exemptions From the Individual Debtors Perspective
• What Happens When Exemptions Run Out?
• Judgment/Liens Impairing Exemptions
• CARES Act Update – Can You Exempt Stimulus Payments?
• Reviewing Schedules and Exemptions as a Creditor
• Objections to Exemptions, When, How, and Why
Trustee Involvement
• Reviewing Schedules and Valuation
• Evaluating Potential Assets of the Estate and Whether an Exemption Has Been Claimed
• Investigating Assets, Including Those Exempted
• Are the Assets Properly Valued?
• Is the Exemption Properly Used?
• What Legal Options Are Available to Trustee for Nonexempted Assets
• Objecting to Claimed Exemptions
• Objecting to Discharge
• Avoidance Claims
• Referrals to United States Trustee
Exempted Assets After Bankruptcy
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Keri P. Ebeck-Bernstein-Burkley, P.C.
