PAR 209 - Bankruptcy Procedures

1. Discuss the organization of the bankruptcy code and rules.
2. Describe the structure and jurisdiction of the bankruptcy court system and its role within the federal court system.
3. Describe the different relief available under the operative chapters of the Bankruptcy Code, together with who is eligible for relief there under, and the advantages and disadvantages under each chapter.
4. Describe an overview of basic terminology, process and procedures used in bankruptcy.
5. Describe the steps and draft the pleadings necessary to commence a bankruptcy case, including the petition, statement of affairs, and schedules.
6. Identify common actions taken by debtors, such as reaffirmations, adversary proceedings, and contested actions such as motions to dismiss or convert.
7. Identify common actions taken by creditors, such as proofs of claim, adversary proceedings such as complaints objecting to discharge, and contested actions such as motions for abandonment and stay relief.
8. Explain the types and priorities of claims, such as secured, unsecured (administrative, priority and non-priority), bifurcated, and equity security holder claims.
9. Explain Paralegals’ roles within the bankruptcy field of law.

1. Overview
   1. Historical development
   2. Fresh start for debtor
   3. Protection for creditors
2. Jurisdiction
   1. Bankruptcy act
   2. Bankruptcy code and amendments and bankruptcy rules
   3. Structure of bankruptcy court system, role in the federal court system and relationship to district court
   4. Appellate courts
3. Cast of characters and their Roles in Bankruptcy
   1. Debtor
      1. Definition; eligibility; capacity to file
      2. Protections afforded by bankruptcy
      3. Objectives
      4. Concept of discharge
      5. Priority of claims and distractions
      6. Petition, statement of affairs and schedules
   2. Creditor
      1. Definition
      2. Protections afforded by bankruptcy
      3. Objectives
   3. United States trustees and private trustee
   4. Bankruptcy judge and staff
   5. Office of the clerk of the bankruptcy court
4. Client interview, Evaluation of Options, Advising Client, and Drafting
   1. Debtor client
      1. Interviews
      2. Analysis - non-bankruptcy or bankruptcy
         1. Alternatives to bankruptcy
         2. Bankruptcy choices
         3. Dischargeability and liquidation issues
      3. Drafting pleadings to commence bankruptcy
   2. Creditor client
      1. Interviews
      2. Causes of distress
         1. Cash collateral
         2. Adequate protection
         3. Automatic stay
         4. Non-dischargeability issue
      3. Analysis
      4. Drafting proof of claim and application for abandonment
5. Chapter 7 Liquidation
   1. Filing of a petition and significance thereof
   2. Exemptions
   3. Chapter 7 trustee
   4. Order and notice of bankruptcy
   5. 341 meeting of creditors
   6. Discharge and reaffirmation
   7. Proofs of claim and interest
   8. Motions and complaints
   9. Distribution of property of the estate
6. Chapter 13 Adjustment of Debts of individuals
   1. Filing of a petition and significance thereof
   2. Chapter 13 trustee
   3. Chapter 13 plan
   4. Discharge
7. Chapter 12 Adjustments of Debts of Family Farmer
   1. Filing of a petition and significance thereof
   2. Chapter 12 trustee
   3. Chapter 12 plan
   4. Discharge
8. Chapter 11 Reorganization
   1. Filing of a petition and significance thereof
   2. Debtor in possession and appointment of Chapter 11 trustee
      1. Reporting requirements
      2. Employment and compensation of professionals
   3. Committees of unsecured creditors and equity security holders
   4. Disclosure statement
   5. Chapter 11 plan by debtor or by other parties in interest
   6. Discharge
9. Paralegals’ Roles
   1. Responsibilities to and communication with clients
   2. Attorney-legal assistance team in bankruptcy