1. Bankruptcy: An Overview of the Process and Selected Topics Bruce J. Ruzinsky, Esq. Matthew D. Cavenaugh, Esq.

2. Overview I.Chapters of the Bankruptcy Code II.Key Concepts III.Points of Interest for Paralegals

3. Key Concepts Property of the Estate Cash Collateral Automatic Stay Executory Contracts Avoidance Actions Discharge / Dischargeability Turnover Plan / Disclosure Statement

4. PROPERTY OF THE ESTATE What is it? How does it affect you?

5. CASH COLLATERAL What is it? Restrictions on use.

6. AUTOMATIC STAY What is it? Exceptions: where the automatic stay does not apply. Relief from the automatic stay.

7. EXECUTORY CONTRACTS What are they? Assumption and Rejection.

8. DISCHARGE / DISCHARGEABILITY How does a Debtor get one? Litigation.

9. TURNOVER Property of the Estate Exception: Right of Setoff

10. AVOIDANCE ACTIONS Preferences and Fraudulent Transfers The Debtor giveth, and the Trustee taketh away!

11. PLAN / DISCLOSURE STATEMENT Gotta have a plan.

12. This may interest you… Exemptions. Proofs of Claim. Schedules / Statement of Financial Affairs Preference Exposure / Liability Analysis Section 341 Meetings Testimony in Court

13. EXEMPTIONS The Homestead “Tools of the Trade”

14. PROOF OF CLAIM A written statement and verifying documentation filed by a creditor that describes the reason the debtor owes the creditor money. (There is an official form for this purpose.)

15. SCHEDULES AND STATEMENT OF FINANCIAL AFFAIRS

16. PREFERENCE EXPOSURE Don’t look now, but you may be exposed…

17. WHO YOU MAY REPRESENT IN A BANKRUPTCY CASE Debtor Trustee CRO Committee Creditors Equity Interest Holders Asset Purchasers

18. REQUIRED MEETINGS Section 341 Meeting Initial Debtor Conference Rule 2004 Exams

19. TESTIMONY IN COURT “Do you solemnly swear…”

20. Questions?