Chair: Sally J. Elkington, Elkington Law
Why You Should Attend
Although the recession is beginning to even out and foreclosures in many parts of the country are in the decline, the recession continues to affect financially marginalized people in disproportionate numbers. Many debtors are unrepresented and bankruptcy clinics are still in great demand. There is a critical need for pro bono attorneys to assist low-income clients at all levels. The practice of bankruptcy law changed dramatically with the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The implications of BAPCPA continue to develop in the Courts, all the way up to the Supreme Court. In the meantime the practice is ever changing and can be quite complicated with even the simplest form of bankruptcy, Chapter 7. This program was developed for brand new practitioners and those who are either not familiar with the practice or have not practiced bankruptcy law since the passage of BAPCPA. The program will focus on Chapter 7 bankruptcy, from the day a new client walks into your office to the day you receive notice that they have successfully received a discharge and their case is closed.
What You Will Learn
- An overview of Chapter 7 bankruptcy including legal sources, jurisdiction, venue, eligibility and the parties
- Your duties as a bankruptcy attorney and debt relief agency, how to evaluate and interview a client, how to choose between a Chapter 7 or Chapter 13, and your responsibilities of investigation (due diligence)
- How the discharge works and the effectiveness of the automatic stay
- How to protect the debtor’s property through exemptions
- An in depth overview of the means test
- How to prepare the schedules in a Chapter 7 and prepare your client for the meeting of creditors
Who Should Attend
This program was designed for the practitioner, paralegal and legal assistant who is new to bankruptcy or new to BAPCPA. If you want to volunteer in pro bono clinics, develop bankruptcy as one of your practice areas or are a new attorney who wants to develop a bankruptcy practice, this program will give you the tools you need to get started.
To register please visit the PLI website or call Customer Services at (800) 260-4754.