Video

Even beginning creditors’ attorneys know that the automatic stay prevents them from enforcing their clients’ rights to their collateral. But what can they do in chapter 7 and 13 cases, and when should they do it? This session will focus on the basic legal issues facing secured creditors in these consumer cases and the development of effective and economical strategies for dealing with them. What are the legal standards to obtain relief from the automatic stay? What do the Federal Rules of Bankruptcy Procedure and the local bankruptcy rules require as attachments? What must the motion allege, and who has the burden of proof if an objection is made? Do these standards differ in chapters 7 and 13? When is the right time to bring a motion to lift a stay in a chapter 7 or 13 case? Should you seek to have a chapter 7 debtor reaffirm your debt? If a chapter 7 debtor doesn’t reaffirm but just keeps making the payments, what should you tell your client to do? How does § 365(p) work, and do you need to have the court involved? Loan modifications are common in chapter 13, but is there such a thing as a loan modification in a chapter 7? Can the court reopen a case to approve a post-discharge reaffirmation or loan modification in chapter 7? Can a chapter 13 debtor force your client to take property they don’t want by surrendering the property or vesting it in your client?

This panel will evaluate the Company’s ability to generate future cash flows sufficient to cover its obligations. This evaluation should include the viewpoints of each of the constituencies involved in the case (Debtor, Unsecured, Successor) on what the restructured debt/liability levels should be, and how the Company’s future cash flows can support their view of these obligations, including the potential to eventually refinance.

Hosted by the Commercial Fraud Committee This webinar will focus on the criminal bankruptcy fraud provisions of Title 28. The presentation will use examples from well-known bankruptcy fraud cases to illustrate how these laws play out in practice. The presentation will also touch on other criminal statutes (e.g., mail and wire fraud) that are frequently implicated in bankruptcy fraud cases. View Materials