Commercial Bankruptcy

Commercial Bankruptcy

Courses Tabs

Overview
CLE Hours: 
20.0
CLE Credit: 
Substantive
Course Level: 
Advanced
Prerequisite: 
Familiar with state constitution and regulation, statutes of limitations, damages and remedies, practice and procedure forms, internet research and Federal Rules of Civil Procedure.
Fees: 
$250 for Members and $300 for Nonmembers
Course Materials: 
Each module contains an audio/text lecture with slides to illustrate the lecture points. A test covering the module lecture is at the end of each module. The course features a full glossary.

This course provides an in-depth analysis of commercial bankruptcy cases under Chapters 7 and 11 of the United States Bankruptcy Code. The course focuses on bankruptcies of business debtors as opposed to consumer debtors. In commercial bankruptcy cases, Chapter 7 provides for debt relief and liquidation of the enterprise’s assets, while Chapter 11 gives a business protection from creditors and an opportunity to develop a plan of reorganization to pay its debts and continue in business. Paralegals can assist attorneys in many ways throughout the process of guiding a client from filing a bankruptcy petition through discharge and closing of the case. After completing this bankruptcy course, a paralegal might help as follows:

  • Assist the attorney with the initial interview. The client interview may include a discussion of mechanics and procedures, statutory exemptions, debt vs. asset analysis, debt classifications, and available types of bankruptcy relief.
  • Draft UCC information and copy requests to appropriate offices; analyze information including preparation of lien priority exhibits to be used in trial.
  • Draft judgment searches to appropriate offices.
  • Draft request and analyze information as to real estate owned by debtor.
  • Assist in the preparation of exhibits for various uses.
  • Prepare fee applications according to US trustee guidelines and using law office accounting procedures and software.
  • Assist debtor and maintain tickler file on preparation of Chapter 11 cases and monthly financial reports.
  • Review advance sheets and research on reported bankruptcy cases.
  • Review clerk's docket and claims register.
  • Drafting appropriate petitions, schedules of debts, schedules of assets, statements of affairs, and additional pleadings as necessary for initial filing.
  • Draft reaffirmation agreements and transmittal letters to creditor and client.
  • Drafting motions and notices, i.e., discharge of nonbankruptcy judgments and lien avoidances.
  • Correspondence and conferences with debtors, creditors, attorneys, clerks, trustees and clients.
  • Notify clients on hearing and trial dates, depositions, etc.
  • Draft applications, stipulations, proposed orders, notices, and other routine pleadings.
  • Prepare for litigation.
  • Prepare ECF filings and summarize for attorney's review.
  • Draft discovery requests and review and organize the responses.
  • Collect creditor ballots and prepare ballot tabulation.
  • Perform initial claims review for timeliness of filing, supporting documentation, etc., for claims objections.
  • Attend Sec. 341 meetings and ask questions of debtors on behalf of a creditor.
  • Attend evidentiary hearings and trials to assist the attorney.
  • Assist the debtor with gathering documents for the US trustee's initial debtor interview (IDI).