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

Slides:



Advertisements
Similar presentations
1. 2 “As in many areas of law, bankruptcy law must balance between competing interests. When an individual or business files for bankruptcy protection,
Advertisements

Chapter 32 Bankruptcy and Reorganization McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.
 Why file for a Bankruptcy? Loss of job? Medical bills? Foreclosure? Divorce? Just a run of bad luck? A fundamental goal of the federal bankruptcy laws.
Bankruptcy. “One could always begin again in America, even again and again. Bankruptcy, which in the fixed society of Europe was the tragic end of a career,
Legal Document Preparation Class 9Slide 1 Basic Debtor-Creditor Terminology Debtor: person who owes the money Creditor: person to whom the money is owed.
Creditors’ Rights and Bankruptcy Chapter 16. Secured Transactions Article 9 of UCC A transaction in which the payment of a debt is secured by collateral.
Copyright © 2004 by Prentice-Hall. All rights reserved. PowerPoint Slides to Accompany BUSINESS LAW E-Commerce and Digital Law International Law and Ethics.
Ouch! That Really Hurts! Bankruptcy “Clawbacks” – Preferences and Fraudulent Transfers By Michael R. Stewart, Stephen M. Mertz and Colin F. Dougherty First.
Bankruptcy and its English Origin In early English law, those unable to pay their debts went to debtor’s prison. The goal of English bankruptcy law was.
Secured Transactions and Bankruptcy Professor McKinsey OBE 118, Section 10, Fall 2004 In the real world, few goods are paid for in cash. Most are financed.
Bankruptcy and the Bankruptcy Abuse Prevention and Consumer Protection act of 2005.
Bankruptcy and Claims Investigation By Sandy Williams, Jennifer Seidler, and Tonda Lee SmithAmundsen, LLC.
Copyright © 2004 by Nelson, a division of Thomson Canada Limited CANADIAN BUSINESS AND THE LAW Second Edition by Dorothy Duplessis Steven Enman Shannon.
Construction Engineering 380 Termination. Termination for breach was covered in depth earlier Can also have termination for convenience by owner –Owner.
40.1 b a c kn e x t h o m e  Identify the purposes for bankruptcy and who may file for it.  Describe the procedures in a bankruptcy (liquidation) case.
Chapter Thirteen Accounting for Legal Reorganizations and Liquidations
Now What? Evaluating Your Position Upon a Counterparty’s Bankruptcy Brandy A. Sargent November 9, 2009.
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Comprehensive Volume, 18 th Edition Chapter 37: Bankruptcy.
Slides developed by Les Wiletzky Wiletzky and Associates Copyright © 2006 by Pearson Prentice-Hall. All rights reserved. PowerPoint Slides to Accompany.
1 Secured Transactions Assignment 6 Bankruptcy and the Automatic Stay.
Bankruptcy Jing Zhang. Reasons of Bankruptcy Balance Sheet Asset Equity Liability Asset= Liability + Equity.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 28 Bankruptcy Law and Consumer Debt Adjustment.
© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
Chapter Twelve. The Automatic Stay—11 U.S.C 362 After reading this chapter, you will be able to: Describe litigation that occurs in the bankruptcy system.
Chapter 26 Chapter 11: Plan Confirmation. Disclosure Statement Hearing The disclosure statement hearing is the first step in the Chapter 11 reorganization.
Bankruptcy ABCs For Healthy Companies Morris S. Bauer, Esq. The material provided herein is for informational purposes only and is not intended as legal.
Chapter 26 Bankruptcy.
40.1 Law for Business, 15e by Ashcroft Chapter 40: Bankruptcy Law for Business, 15e, by Ashcroft, © 2005 West Legal Studies in Business, a Division of.
© 2010 Pearson Education, Inc., publishing as Prentice-Hall 1 BANKRUPTCY AND REORGANIZATION © 2010 Pearson Education, Inc., publishing as Prentice-Hall.
Chapter 13.  Credit: Extension of a loan from one party to another  Creditor (lender): The lender in a credit transaction  Debtor (borrower): The borrower.
© 2011 South-Western | Cengage Learning GOALS LESSON 6.1 COMMERCIAL PAPER List the various types of commercial paper, and describe the use and proper negotiation.
Chapter Thirteen. Objections to Discharge and Dischargeability of Debts After reading this chapter, you will be able to: Understand that a discharge may.
Chapter Three. Filing a Petition After reading this chapter, you will be able to: Describe the “gatekeeper” provisions in individual bankruptcy cases Understand.
25-1 Chapter 28 Bankruptcy and Reorganization. Introduction to Bankruptcy and Reorganization  Bankruptcy Reform Act of 1978  Debtor friendly  Bankruptcy.
5 THINGS EVERY LAWYER SHOULD KNOW ABOUT BANKRUPTCY Laura A. Deeter, Esq.
Home. Copyright © by The McGraw-Hill Companies, Inc. All rights reserved.Glencoe Accounting Key Terms property financial claim credit creditor Section.
Chapter Fifteen. Avoiding Powers-- Introduction After reading this chapter, you will be able to: Describe the concept and purpose of the trustee’s avoiding.
Chapter 36 Bankruptcy Twomey, Business Law and the Regulatory Environment (14th Ed.)
Chapter Seven. Overview of Chapter 7 After reading this chapter, you will be able to: Describe the basic events which occur in all bankruptcy proceedings.
McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.
Class 11 Bankruptcy, Spring, 2009 Adequate Protection Randal C. Picker Leffmann Professor of Commercial Law The Law School The University of Chicago
Business Law and the Regulation of Business Chapter 39: Bankruptcy By Richard A. Mann & Barry S. Roberts.
Prentice Hall © PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 5E, by Henry R. Cheeseman Chapter 29 Bankruptcy.
Chapter 10 Trustees, Examiners & Creditors Committees.
Chapter Fourteen. Property of the Estate and Turnover Complaints After reading this chapter, you will be able to: Define “property of the estate” Identify.
Chapter Nine. Exemptions After reading this chapter, you will be able to: Define of exemptions Understand the concept of exemptions and their importance.
Chapter 35 BANKRUPTCY. 2 Bankruptcy Law Jurisdiction over bankruptcy cases is in U.S. district courts, which may refer all cases and related proceedings.
 Bankruptcy in the Oil Patch OCAPL, Monday, Nov. 2, 2015 Melissa R. Gardner Attorney Phillips Murrah, PC
Albrecht, Albrecht, Albrecht, Zimbelman © 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except.
30-1 Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin.
Chapter Nineteen. Executory Contracts and Leases After reading this chapter, you will be able to: Define the term “executory contract” as a specialized.
Chapter Twelve. The Automatic Stay—11 U.S.C 362 After reading this chapter, you will be able to: Describe litigation that occurs in the bankruptcy system.
Dealing with Counterparty/Bankruptcy Risk in the Upstream Oil and Gas Industry Bruce Ruzinsky Jackson Walker L.L.P Monica.
Chapter Twenty. Miscellaneous Provisions Regarding Property of the Estate After reading this chapter, you will be able to: List the restrictions placed.
Chapter Eighteen. Use, Sale, or Lease of Property After reading this chapter, you will be able to: Describe the details of the actual liquidation process.
© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. Twomey & Jennings BUSINESS LAW Chapter 34 Bankruptcy.
Mayday! Bankruptcy Is Looming or Filed – Now What? January 19, 2016 David Schilli & Andy Tarr.
Bankruptcy Professor McKinsey OBE 118, Section 3, Fall 2004 You cannot engage in transactions effectively without understanding the extent of and limits.
Chapter Seventeen. Fraudulent and Postpetition Transfers After reading this chapter, you will be able to: Understand fraudulent transfers as they exist.
No Assignments this week!! Just the Discussion board!! Yay – no Homework!!!!
Click your mouse anywhere on the screen when you are ready to advance the text within each slide. After the starburst appears behind the blue triangles,
Business Law – week 7 Secured Transactions Bankruptcy Law Quiz Introduction to Employment Law Next Week.
30 Chapter Thirty Bankruptcy.
Creditors’ Rights In Bankruptcy
Ben Court Bankruptcy and Creditor’s Rights Stinson Leonard Street LLP
CHAPTER 27 Bankruptcy Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle.
Bruce Ruzinsky Jackson Walker L.L.P. • Monica Blacker •
(Hopefully) Helpful Hints for Chapter 13 Plans
Bankruptcy Basics © 2019, Federal Reserve Bank of St. Louis. Permission is granted to reprint or photocopy this presentation in its entirety for educational.
Presentation transcript:

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

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

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

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

CASH COLLATERAL What is it? Restrictions on use.

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

EXECUTORY CONTRACTS What are they? Assumption and Rejection.

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

TURNOVER Property of the Estate Exception: Right of Setoff

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

PLAN / DISCLOSURE STATEMENT Gotta have a plan.

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

EXEMPTIONS The Homestead “Tools of the Trade”

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.)

SCHEDULES AND STATEMENT OF FINANCIAL AFFAIRS

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

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

REQUIRED MEETINGS Section 341 Meeting Initial Debtor Conference Rule 2004 Exams

TESTIMONY IN COURT “Do you solemnly swear…”

Questions?

Feedback: Privacy Policy Feedback
Do Not Sell My Personal Information
About project: SlidePlayer Terms of Service

© 2024 SlidePlayer.com Inc. All rights reserved.