Essentials of Bankruptcy Law in Virginia (Online Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Price: $140 (Includes a downloadable audio version.)
Viewable Through: 10/30/2020

Information

A pre-recorded streaming video replay from the October 2017 webcast, The Essentials of Bankruptcy Law in Virginia.


Why Attend?

Bankruptcy impacts attorneys in a variety of fields, including divorce, real estate, personal injury, and taxes.

  • Learn how to answer your client’s questions and guide them through the bankruptcy process
  • Receive an intensive and efficient explanation of when to file for bankruptcy, the impacts of filing for consumer and business bankruptcy protection, and what to expect during the bankruptcy process
  • Understand the differences between Chapters 7, 13, and 11

An efficient overview for non-bankruptcy specialists, new bankruptcy lawyers, or individuals who are interested in including a small bankruptcy practice within their firms’ larger offerings

Bankruptcy is an area of the law that can impact attorneys in a wide variety of fields, including divorce, real estate transactions, personal injury claims, taxes, and more. Even if you are not a full-time bankruptcy practitioner, you need to know how a bankruptcy filing will affect all of your client’s legal issues. During this brief but intensive overview, the expert faculty will walk attendees through the bankruptcy process in a clear and concise manner.

Participants will learn how to advise individual and business clients on a variety of issues, including if and when they should file for bankruptcy; what they get to keep after filing for bankruptcy; and what they can expect during the bankruptcy process.

Topics to be covered include:

  • Introduction to Bankruptcy Law and Procedure
    • Types of bankruptcy and their consequences
    • Important terms and definitions
    • The role of the bankruptcy court
    • The role of the trustees
    • Alternatives to bankruptcy
  • The Impact of Filing for Consumer and Business Bankruptcy Protection
    • The differences between Chapters 7, 13, and 11
    • The effect of a bankruptcy filing on an individual’s credit
    • The basic process for business bankruptcies
    • What to do when your client becomes involved in another company’s bankruptcy
  • Property of the Estate and the Automatic Stay
    • Items included in the property of the estate
    • Real estate sales after a bankruptcy filing
    • How creditors can get a relief from stay
    • Divorces during the stay
  • Preferences, Avoidance Actions, and Litigation
    • What to do when your client gets a letter from a trustee demanding payment
    • What happens to your client’s personal injury action when the client files for bankruptcy
    • How to handle collections
  • Claims and Discharge
    • Which claims have priority
    • The order in which claims are paid
    • Dischargeable debt
    • Liens
  • Attorney Fees
    • How to get paid when your client is in bankruptcy
    • The best strategies for collecting retainers
 

Schedule

Faculty

ABOUT THE SPEAKERS

Peter J. Barrett, Kutak Rock / Richmond

Peter Barrett is a partner in the Richmond office of Kutak Rock LLP.  Mr. Barrett represents unsecured and secured creditors, trustees, lessors, equity holders, and corporate debtors in insolvency matters, including Chapter 11 reorganizations, business liquidations, and loan workouts. He also represents clients in connection with acquisition of distressed assets and insolvency-related litigation. Mr. Barrett received his B.A. from the University of Virginia and his J.D. from the University of Virginia School of Law.  He is admitted to practice in Virginia and California and regularly appears in bankruptcy courts across the country to represent the interests of clients. Mr. Barrett has been recognized in several editions of Best Lawyers in America and Super Lawyers and is a member of the American Bankruptcy Institute (co-chair, Asset Sales Committee), the Turnaround Management Association (Richmond Steering Committee), and the Richmond Bankruptcy Bar Association (board member).  He also serves as a member of the panel of Chapter 7 bankruptcy trustees for the Eastern District of Virginia, Richmond Division.

Paul K. Campsen, Kaufman & Canoles / Norfolk

Paul Campsen is a member in the Norfolk office of Kaufman & Canoles and is the co-chair of the Bankruptcy, Creditors’ Rights and Business Restructuring Practice Group. He specializes in helping secured and unsecured creditors examine options to recover debt, including bankruptcy, loan workouts, and foreclosures. Mr. Campsen represents several local, regional, and national banks, as well as non-bank lenders in complex transactions. He also represents debtors, giving him insight from both sides of the issues.

Jennifer M. McLemore, Christian & Barton, LLP / Richmond

Jennifer McLain McLemore is a partner at Christian & Barton, LLP, in Richmond, Virginia, where she focuses her legal practice on representing business creditors in bankruptcy and commercial litigation matters. Ms. McLemore is a member of the American Bankruptcy Institute's Southeastern Bankruptcy Workshop Advisory Board; the co-chair of the ABI's Unsecured Trade Creditors subcommittee; serves as vice-chair of the International Women's Insolvency and Restructuring Confederation; is a founder of the IWIRC-Virginia Network; a member of Leadership Metro Richmond Class of 2016, and chair of her firm's Client Development Committee. Ms. McLemore has been recognized by Best Lawyers in America (Bankruptcy & Creditor Debtor Rights/Insolvency & Reorganization Law, 2013-216), Virginia Super Lawyers (Bankruptcy, 2014-2016) and Virginia Business magazine's Legal Elite (Bankruptcy/Creditors' Rights, 2011-2015). She received her law degree from the University of Richmond School of Law and her undergraduate degree from Miami University (Oxford, Ohio).

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