Attorney’s Guide to Preparing a Bankruptcy Filing: Which chapter to file, completing forms, and a comprehensive overview of exemptions, lien stripping, reaffirmations and more

William J. Amann
Joshua Burnett
Ariane Holtschlag
William J. Amann | Amann Burnett PLLC
Joshua Burnett | Amann Burnett PLLC
Ariane Holtschlag | FactorLaw

On-Demand: December 14, 2022

Attorney’s Guide to Preparing a Bankruptcy Filing: Which chapter to file, completing forms, and a comprehensive overview of exemptions, lien stripping, reaffirmations and more

$245.00 5 hour CLE

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Program Summary

Session I – Quick Bankruptcy Tour – William J. Amann, and Josh Burnett

This course, presented by two recognized bankruptcy attorneys, will provide a comprehensive overview of exemptions, mortgage lien stripping and avoidance, reaffirmations, motions for relief, plans and objections, discharges and confirmation, and much more.

Key topics to be discussed:

  • Exemptions, mortgage lien stripping and avoidance
  • Reaffirmation Agreements
  • Motions for Relief
  • Plans and Objections
  • Discharge and Confirmation
  • Preferences and Defenses
  • Student Loans
  • Important Caselaw
  • Subchapter V

Session II – Overview of the Three Primary Chapters – Ariane Holtschlag

Should a bankruptcy be filed? If so, what chapter of the Bankruptcy Code should be utilized? This session will include a general overview of the three primary chapters of the Bankruptcy Code: Chapter 7, Chapter 11 and Chapter 13. An introduction to Subchapter V of Chapter 11 will also be provided. The applicability, benefits and potential detriments of filing under each of the chapters will be discussed.

Key topics to be discussed:

  • Should a bankruptcy be filed?
  • General overview of the three primary chapters of the Bankruptcy Code: Chapter 7, Chapter 11 and Chapter 13
  • Introduction to Subchapter V of Chapter 11
  • Applicability, benefits, and potential detriments of filing under each of the chapters

Session III – Preparing the Bankruptcy Filing – Ariane Holtschlag

The preparation of the various bankruptcy forms that typically accompany the bankruptcy petition are the foundation upon which the bankruptcy case rests. Failure to properly assist the client in preparing the forms may result in the denial of the client's discharge and even a malpractice claim against the attorney. What is the attorney's duty of investigation? A checklist for filing a voluntary chapter 7 case and a chapter 13 case will be provided and discussed. The do' s and don'ts when filing bankruptcy petitions will also be addressed.

Key topics to be discussed:

  • Review of the Petition, Schedules and related forms that make up a bankruptcy filing
  • What is the attorney's duty of investigation?
  • The do' s and don'ts when filing bankruptcy petitions
  • Next steps: 341 preparations and amendments

This course is co-sponsored with myLawCLE.

Date: December 14, 2022

Closed-captioning available

Speakers

William J. Amann_Amann Burnett PLLC_FedBarWilliam J. Amann | Amann Burnett PLLC

William J. Amann is an attorney licensed in Massachusetts and New Hampshire. For over 20 years, Mr. Amann has principally represented creditors and small businesses in complex litigation cases in bankruptcy and federal courts in a variety of areas, including:

  • Sub-Chapter V of chapter 11 (SBRA-Small Business Reorganization Act)
  • Business Debt restructuring
  • Plan Formulation, Confirmation & Disclosures Statements & Balloting
  • Cash Collateral Motions & Budgets and Reconciliations
  • Valuation and Evidentiary Hearings
  • Proof of Claim filing and defense
  • Dischargeability Actions (creditor and debtor)
  • Preference Actions (creditor and debtor)
  • Priority and Administrative Debt
  • Motions for Relief
  • Equitable Subordination
  • Debt re-characterization
  • Commercial Lease Disputes
  • Employment Law
  • Corporate Entity Formation
  • General Business, Trust and Real Estate related litigation

Prior to creating Amann Burnett, PLLC with Attorney Joshua Burnett, from 2009 to 2022, Mr. Amann was the Head of the Litigation and Bankruptcy Groups while with Braucher & Amann, PLLC and Craig, Deachman & Amann, PLLC. Prior to that, he was the Managing Attorney at a Boston-based law firm supervising over 10 attorneys and a staff of 40 paralegals with responsibilities ranging from case management, macro and micro litigation strategy, lead counsel on adversary proceedings, client relations and development and oversight of foreclosure, REO and evictions throughout New England.

In 2007, Mr. Amann served as legal counsel to a Chapter 7 Bankruptcy Trustee for the District of New Hampshire where he presided at 341 Hearings, handled all areas of Bankruptcy Trustee responsibilities such as fraud investigation, claims objections, forensic analysis, litigation and liquidation analyses, criminal referrals, and working closely with the United States Trustee’s Office.

Earlier in his career, Mr. Amann served as Lead Counsel for a Boston-based venture capital firm in a multi-district, multi-asset class Chapter 11 Bankruptcy case in the District of New Hampshire during which he learned from the best and worked hard to gain an exceptional base of skills, insight and experience in complex Bankruptcy and Litigation issues.

Mr. Amann enjoys working with individuals and small businesses, especially on difficult bankruptcy cases often involving taxes, business disputes, and litigation. Sometimes the most difficult challenges present the greatest opportunities for ingenuity and clever solutions. On a personal note, he is an avid sailor, loves dogs, travel, cooking, salsa dancing, hiking, music, and art.

 

Joshua Burnett_Amann Burnett PLLC_FedBarJoshua Burnett | Amann Burnett PLLC

Joshua Burnett is an attorney licensed in Massachusetts. He concentrates his practice in the areas of bankruptcy and commercial litigation. In addition to representing consumer and business clients in Chapter 7, Chapter 13, and Chapter 11 bankruptcy cases, he regularly assists both debtor and creditor clients in adversary proceedings and contested matters in the U.S. Bankruptcy Court, including non-dischargeability actions, preference and recovery actions, automatic stay, and claim-related matters. As a litigator, Mr. Burnett represents both plaintiff and defendant clients in state and federal court in variety of civil matters, including corporate and partnership disputes, contract disputes, real estate and mortgage disputes, consumer protection, and foreclosure defense. In addition to his present areas of concentration, Mr. Burnett also has a background in mortgage foreclosure, landlord/tenant, probate law, and family law.

Prior to creating Amann Burnett, PLLC with Attorney William Amann, Mr. Burnett worked for many years with a former Chapter 7 trustee in a boutique firm with a primary focus on consumer bankruptcy and was of counsel to several other bankruptcy and litigation offices in the Boston area. Mr. Burnett also teaches bankruptcy law and creditor’s rights at Massachusetts School of Law and has contributed to programs and lectures on bankruptcy-related topics for Massachusetts Continuing Legal Education, National Business Institute, Institute for Paralegal Education, and MyLaw CLE. He was recognized as a “Rising Star” in consumer bankruptcy by Super Lawyers in 2017, 2018, and 2019.

Mr. Burnett is a 1997 graduate of the University of Massachusetts Lowell and a 2010 graduate of the Massachusetts School of Law. He is also an accomplished pianist and played music professionally for many years.

 

Ariane Holtschlag_ FactorLaw_FedBar

Ariane Holtschlag | FactorLaw

Ariane Holtschlag is partner with FactorLaw in Chicago, Illinois and serves as a member of the panel of Chapter 7 bankruptcy trustees for the Northern District of Illinois. In her legal practice, Ms. Holtschlag focuses primarily on consumer bankruptcy representing debtors, trustees, and creditors in Chapter 7, 11, and 13 as well as bankruptcy related litigation. Ms. Holtschlag obtained her undergraduate degree from Illinois Wesleyan University in 2004 and her law degree from the University of Iowa in 2007.

Agenda

Session I – Quick Bankruptcy Tour | 8:30am – 11:50am

  • Exemptions, mortgage lien stripping and avoidance | 8:30am – 8:50am
  • Reaffirmation Agreements | 8:50am – 9:10am
  • Motions for Relief | 9:10am – 9:30am

Break | 9:30am – 9:40am

  • Plans and Objections | 9:40am – 10:00am
  • Discharge and Confirmation | 10:00am – 10:20am
  • Preferences and Defenses | 10:20am – 10:40am

Break | 10:40am – 10:50am

  • Student Loans | 10:50am – 11:10am
  • Important Caselaw | 11:10am – 11:30am
  • Subchapter V | 11:30am – 11:50am

Break | 11:50am – 12:00pm

Session II – Overview of the Three Primary Chapters | 12:00pm – 1:00pm

  • Should a bankruptcy be filed? | 12:00pm – 12:15pm
  • General overview of the three primary chapters of the Bankruptcy Code: Chapter 7, Chapter 11, and Chapter 13 | 12:15pm – 12:30pm
  • Introduction to Subchapter V of Chapter 11 | 12:30pm – 12:45pm
  • Applicability, benefits, and potential detriments of filing under each of the chapters | 12:45pm – 1:00pm

Break | 1:00pm – 1:10pm

Session III – Preparing the Bankruptcy Filing | 1:10pm – 2:10pm

  • Review of the Petition, Schedules and related forms that make up a bankruptcy filing | 1:10pm – 1:25pm
  • What is the attorney’s duty of investigation? | 1:25pm – 1:40pm
  • The do’ s and don’ts when filing bankruptcy petitions | 1:40pm – 1:55pm
  • Next steps: 341 preparations and amendments | 1:55pm – 2:10pm