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Bankruptcy and State Law: Like Oil and Water?

This session will focus on the interplay between bankruptcy law and state law. How is a bankruptcy case impacted? How is a state court matter impacted? How do you handle matters that involve other areas of the law? How does a divorce, probate or condo issue affect the bankruptcy case? How and when do you retain nonbankruptcy professionals to assist with state law matters? How do you address pre-petition or post-petition Code violations from a municipality? If the potential client (pre-filing) becomes incapacitated, can that incapacitated individual file bankruptcy? If the debtor is unable to testify at his or her § 341 meeting, can someone else testify for them? When can budget and credit counseling and personal financial management courses be excused?

Dealing with Co-Owners of Bankruptcy Estate Property

Many bankruptcy cases have property that is partly owned by the debtor and partly owned by a nondebtor. This session will address some of the issues that can arise for debtors, creditors and trustees in these circumstances. Can a chapter 7 trustee administer property that is co-owned by a nondebtor? Under what circumstances can such property be partitioned? What steps can a nondebtor co-owner take to protect his or her interest in estate property? What about equitable title vs. legal title? What rights does the nonfiling co-debtor have? When does the co-debtor stay apply? How does having parents on property/bank accounts impact the debtor and the bankruptcy estate?

Mental Health Issues

Financial difficulties, especially bankruptcy, are among the most traumatic events an individual can experience. This session will focus on some of the mental health issues that can arise when advising clients with financial difficulties, and in filing and going through bankruptcy. How do mental health issues influence consumer credit choices? What resources are available for you to refer to your clients to help them cope with financial difficulties and bankruptcy? How do mental health issues impact a debtor’s ability to obtain a discharge of student loans? What legal standing must be shown to take action on behalf of a mentally ill individual who is either filing a bankruptcy case or is a debtor in a pending case? What are the best practices for interacting with debtors who have mental health issues?

Preparing the Debtor

This session will provide practical tips from professionals — everything a mid-level associate should know about how to prepare a company to file chapter 11, as well as the coordination among advisors that is necessary along the way.