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East Meets West: Understanding Differences in Local Practice

The Constitution authorizes Congress to enact uniform bankruptcy laws, but attorneys know that many times the handling of consumer bankruptcy cases can seem just like real estate: location, location, location! This session will compare local consumer bankruptcy rules and procedures in the Eastern District of Michigan with those of the Western District of Michigan. It will cover the things that consumer bankruptcy attorneys who practice on both sides of the state need to know about the differences in the specific procedures of each of those courts regarding the preparation and filing of motions, conducting evidentiary hearings, chapter 13 plans and confirmation hearings, § 341 meetings, reaffirmation agreements, use of special-appearance attorneys, ethical implications of running a multidistrict practice, management of adversary proceedings, and the scheduling and handling of small chapter 11 cases.

Credit Reporting and Bankruptcy

A frequently asked question by an individual considering bankruptcy is, “What will it mean on my credit report?” This session is designed to help answer that question and other questions regarding credit reporting. What is a credit report? Who provides the information, and what gets reported? What are the range of scores, and what do they mean? How does chapter 7 impact an individual’s credit score going forward? How does chapter 13 impact it? What can an individual do if something untrue is reported? What can you do as the individual’s attorney to help out? What are a creditor’s responsibilities? Does it make any difference if some debts are reaffirmed? What is the effect of not reaffirming a mortgage or automobile purchase? How long does information stay reported? How does a bankruptcy by one spouse affect the credit of the nonfiling spouse?

Appealing Bankruptcy Decisions

This session will consider what an attorney can do after receiving an adverse decision from the bankruptcy court, including strategic considerations, as well as the nuts-and-bolts procedures in deciding whether to appeal and in prosecuting an appeal. What decisions are appealable as final orders? What decisions require permission to appeal on an interlocutory basis? What are the applicable Federal Rules of Bankruptcy Procedure governing appeals, and what requirements do they impose? What is the standard of review for an appeal of an incorrect legal decision? What is the standard of review for an appeal of an incorrect factual finding? How and when can you obtain a stay of an adverse ruling pending the appeal? How do doctrines of jurisdiction, standing, mootness and ripeness apply to an appeal? What types of issues most frequently get appealed, and what rates of success are there?

Understanding Financial Information for Small Businesses

When a client comes to you with a small business in trouble, do you fully understand the financial information they are sharing with you so that you can properly advise them? This session will discuss how to read and understand that financial information, covering such issues as the difference between a financial statement and a balance sheet, the difference between a financial statement that is audited and one that is reviewed or compiled by management, profit-and-loss statements and how does they differ from cash-flow statement, and the levels and types of financial information your client needs to assemble, and you need to understand, for your client to be successful in reorganizing.

e-Learning Topics

e-learning-topics

Administrative Expense Claims

Reviews processes and requirements for post-petition claims that get priority payment, including professional fees, utilities, and goods received within 20 days of filing.

Alternative Dispute Resolution

Examines mediation, arbitration, and other non-litigation approaches to resolve bankruptcy disputes efficiently and cost-effectively.

Asset Sales

Analyzes issues practitioners may face when completing asset sales in and out of bankruptcy, and best practices for successful outcomes.

Automatic Stay

Explores scope and application of automatic stay protection, including exceptions, violations, and procedures for obtaining stay relief.

Claims

Discusses the evaluation, trading, and resolution of bankruptcy claims. Covers creditor rights and their impact on restructuring.

Bankruptcy Litigation

Studies recent case law and rules of practice, evidence and procedure, connecting professionals engaged in bankruptcy-related litigation.

Certification

Covers professional certification requirements and processes for bankruptcy practitioners, including specialized credentials and continuing education.

Corporate Governance

Analyzes fiduciary duties, management responsibilities, and board oversight during bankruptcy proceedings and restructuring.

Court Administration

Reviews court procedures, filing requirements, and administrative processes in bankruptcy cases.

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