Chapter 11: Handling the Individual Debtor Case
Debtor and Creditor Challenges With Post-Petition Income, Estate Property, Plan Confirmation, Payment of Attorney Fees and More
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, August 7, 2012
Recorded event now available
This CLE webinar will compare Chapter 13 and 11 filings for individuals; review the unique issues that apply in individual Chapter 11 cases, such as the debtor's post-petition income, estate property, and living expenses; and outline attorney-client privilege and ethical complexities inherent in these cases.
Description
Most high-debt individuals file Chapter 11 bankruptcy because their aggregate debts exceed the limits for Chapter 13 pursuant to 109(e). There are a number of advantages of proceeding under Chapter 11, particularly for individuals with mortgage arrearages and underwater secured property.
Individual Chapter 11 cases present unique issues not present in business cases, such as determining the property of the estate, the debtor’s post-petition income, and living expenses for the debtor. Other unique reorganization plan issues include the applicability of the absolute priority rule.
Counsel representing individual debtors face complex attorney-client privilege issues because the courts are split on the question of who holds the individual debtor’s privilege. Another thorny question is how counsel representing the debtor in personal matters can be paid for legal expenses.
Listen as our authoritative panel of bankruptcy attorneys guides you through the process of individual Chapter 11 bankruptcies and discusses the unique reorganization plan issues and ethical pitfalls inherent in these cases.
Outline
- Comparison of Chapter 13 v. Chapter 11
- BAPCPA amendments affecting individual Chapter 11 filings
- Advantages v. disadvantages
- Calculating “Projected Disposable Income”
- Applicability of the Supreme Court’s Hamilton v. Lanning ruling
- Unique issues in individual Chapter 11 cases
- Property of the estate
- Debtor’s post-petition income and tax consequences
- Pre-confirmation personal spending/living expenses
- Cram-down and the absolute priority rule
- Ethical issues and attorney-client privilege in representing Chapter 11 individuals
- Representing both the individual and a business entity of the debtor
- Attorneys' fees for representing the debtor in personal matters
- Attorney-client privilege issues
Benefits
The panel will review these and other key questions:
- What are the advantages of Chapter 11 over Chapter 13 for higher income individuals?
- Can an individual Chapter 11 debtor get a plan confirmed without paying creditors in full?
- How can counsel arrange for the debtor's living expenses while complying with the requirements of Chapter 11?
- Who holds an individual Chapter 11 debtor’s attorney-client privilege?
- Does the Lanning decision apply to individual Chapter 11 debtors?
Faculty
Peter M. Lively, Principal
Law Office of Peter M. Lively, Culver City, Calif.
He has practiced for 18 years in the area of small business and consumer reorganizations and liquidations. He has personally represented a variety of debtors as counsel of record in nearly 2,500 cases and has also represented debtors in bankruptcy appellate matters. He speaks regularly on bankruptcy topics and is now a part-time adjunct profession at UCLA Law School.
M. Jonathan Hayes, Principal
Law Office of M. Jonathan Hayes, Northridge, Calif.
He concentrates his practice in bankruptcy and business litigation. He has represented many Chapter 11 debtors, businesses and individuals, and effected many successful reorganization plans. He has filed many Chapter 7 petitions and handled many bankruptcies that are commenced because of the debtor’s tax problems. He is Senior Adjunct Professor at University of West Los Angeles School of Law.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
CLE:
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(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
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Available three business days after the live event
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plus $9.45 S&H
Available ten business days after the live event
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Available 24 hours after the live event
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plus $9.45 S&H
Available ten business days after the live event
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Customer Reviews
I was pleased with the webinar’s quality topic and the ease of participation.
Mary Brown
McAFee & Taft
The webinar was very informative on very pertinent matters and had a good flow.
Noam Wiener
Allen & Overy
I thought the speakers were very well versed.
Richard A. Graham
White & Case
The program was very thorough, stayed on topic and was well organized.
Thad Wilson
King & Spalding
I thought the speakers covered a fascinating subject matter very well.
Bob Linton
Dykema
Bankruptcy Law Advisory Board
Partner
Nixon Peabody
Partner
Potter Anderson & Corroon
Of Counsel
Haynes & Boone
Shareholder
Greenberg Traurig
Partner
Dechert
Shareholder
Vedder Price
Partner
Nixon Peabody
Partner
Edwards Wildman Palmer
Partner
Kaye Scholer
Counsel
Skadden Arps Slate Meagher & Flom
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