Bankruptcy Basics from the Experts
October 29, 2010
8:55 a.m. – 4:15 p.m.
5.75 MCLE hours
Presented by Commercial Banking, Collections, and Bankruptcy
Bloomington-Normal
Bloomington-Normal Marriott Hotel and Conference Center
201 Broadway Avenue
Normal, IL 61761
(map and directions)
This seminar provides an in-depth overview of the bankruptcy area for those who are new to the consumer bankruptcy practice. Topics include: client intake sheets; due diligence under the Bankruptcy Code amendments; representing a consumer Chapter 7 debtor; creditor meeting expectations; the Reaffirmation Agreement form; determining disposable income for a Chapter 13 plan; repossessing collateral; excluding debts from discharge and filing a discharge complaint; presenting before Illinois bankruptcy judges; and much more. A discussion on the recent high court rulings that may change local procedures is also included. The program is designed for bankruptcy lawyers with basic practice experience.
Program Coordinators:
Sumner A. Bourne, Rafool & Bourne, P.C., Peoria
Kent A. Gaertner, Springer Brown Covey Gaertner Davis, Wheaton
Cindy M. Johnson, Johnson Legal Group, LLC, Chicago
Program Moderator:
Sumner A. Bourne, Rafool & Bourne, P.C., Peoria
Agenda
8:55 – 9:00 a.m. Welcome and Introduction
Sumner A. Bourne
9:00 – 9:45 a.m. Initial Client Interview (Debtor Perspective)
This segment provides an overview of the initial client interview, including what questions to ask on the client intake sheet, what issues to address in the first meeting with the client, the various pitfalls to avoid throughout the interview process, and due diligence under the Bankruptcy Code.
Sumner A. Bourne
9:45 – 10:30 a.m. Chapter 7 Procedure, 341 Meeting, Reaffirmation (Debtor Perspective)
In this segment, the speaker discusses what to expect at the meeting with the creditors and examines the various problems and solutions in representing a consumer Chapter 7 debtor. The expanded Reaffirmation Agreement form under the amended Bankruptcy Code is also covered.
Carleen Cignetto, Attorney at Law, Peotone
10:30 – 10:45 a.m. Break (beverages provided)
10:45 – 11:30 a.m. Chapter 13 Procedure, 341 Meeting, Chapter 13 Plans (Debtor Perspective)
This segment provides tips for drafting a plan and determining disposable income for a Chapter 13 debtor under the recent Supreme Court decisions, and also examines the additional rules for Chapter 13 debtors and the differences in local practice.
Jay L. Barr, Barr & Barr, Decatur
11:30 a.m. – 12:15 p.m. Chapter 7: The Trustee’s Perspective
This segment explores the trustees’ expectations throughout the bankruptcy process, including what should be provided to the trustee prior to the 341 hearing. Advice and suggestions on representing clients in Chapter 7 is also included, as well as an overview of the recent case law developments that affect the bankruptcy arena.
A. Clay Cox, Hayes Hammer Miles & Cox LLP, Bloomington
Mariann Pogge, Attorney at Law, Springfield
Gary T. Rafool, Rafool & Bourne, P.C., Peoria
Jeffrey D. Richardson, Law Office of Jeffrey D. Richardson, Decatur
John L. Swartz, Giffin, Winning, Cohen & Bodewes, P.C., Springfield
12:15 – 1:15 p.m. Lunch (on your own)
1:15 – 1:45 p.m. Chapter 13: The Trustee’s Perspective
This segment explores the Chapter 13 bankruptcy process from the trustee’s perspective. Topics include: what should be provided to the trustee prior to the 341 hearing; drafting the plan; and recent case law developments that affect disposable income calculations and allowed plan provisions.
Marsha L. Combs-Skinner, Trustee, Newman
Robert M. Ropp, Michael D Clark Chapter 13 Trustee, Peoria
John H. Germeraad, Attorney at Law, Petersburg
1:45 – 2:30 p.m. Lift Stay/Adequate Protection, Claims, Preferences: The Creditor’s Perspective
This segment offers suggestions for effectively representing creditor clients in a consumer bankruptcy case, including getting paid dividends, repossession of collateral, and common defenses to voidance demands.
Gloria C. Tsotsos, Attorney at Law, Burr Ridge
Faiq M. Mihlar, Heavner, Scott, Beyers & Mihlar, Decatur
2:30 – 2:45 p.m. Break (refreshments provided)
2:45 – 3:30 p.m. Adversary Complaints: Prosecution and Defense of Section 523/Section 727
In this segment, the speaker discusses the common grounds for excluding a debt from discharge, as well as the debtor’s defenses. The procedure and deadlines for filing a discharge complaint are also examined.
Emmet A. Fairfield, Brown Hay & Stephens, Springfield
3:30 – 4:15 p.m. A View From the Bench: Common Problems and How to Avoid Them
This segment provides an overview of the recent high court rulings that may change local procedures, and offers tips for presenting before Illinois bankruptcy judges.
Hon. Laura K. Grandy, Chief Judge, US Bankruptcy Ct, E. St. Louis
Hon. Mary P. Gorman, U.S. Bankruptcy Judge, U.S. Bankruptcy Ct, Springfield
Hon. Thomas L. Perkins, U.S. Bankruptcy Judge, U.S. Bankruptcy Ct, Peoria
Hon. William V. Altenberger, Chief Judge, U.S. Bankruptcy Ct., Peoria
