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 with Q&A
This CLE course 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.
- 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
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?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Peter M. Lively
Law Office of Peter M. Lively
He has practiced for 18 years in the area of small business and consumer reorganizations and liquidations. He has... | Read More
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.Close
M. Jonathan Hayes
Law Office of M. Jonathan Hayes
He concentrates his practice in bankruptcy and business litigation. He has represented many Chapter 11 debtors,... | Read More
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.Close