Business Bankruptcy 101: Various types of chapters, creditor payments, 363 sales, appeals, & Subchapter V

Peter Gannott
Peter Gannott
Gannott Law Group, PLL

Peter Gannott is the principal of the Louisville law firm of Gannott Law Group, PLLC where he concentrates his practice in the areas of commercial litigation, creditor’s rights, insolvency, and bankruptcy law.

John Ruddy
John Ruddy
Ruddy & Petersen Law Group, LLC

John is a managing member in the firm Ruddy & Petersen Law Group, LLC, in Aurora, Illinois. John concentrates his practice in the areas of litigation concerning real estate, bankruptcy reorganization, commercial matters, eminent domain, and consumer disputes.

On-Demand: March 25, 2024

2 hour CLE

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Program Summary

Session I - Business Bankruptcy Blueprint: Types, players and important issues unveiled - Peter M. Gannott

The seminar will comprehensively explore the multifaceted landscape of business bankruptcy, covering key aspects such as the goals of bankruptcy, the various types and chapters it encompasses, and the diverse players involved in the process. Participants will gain insights into the crucial order of creditor payments and delve into the intricacies of bankruptcy §363 sales. A particular focus will be on the evolving legal framework surrounding appeals of §363(m) sale orders, offering an understanding of this dynamic area. Additionally, the session will address strategic considerations and methods for opposing the discharge of a Subchapter V business, providing participants with valuable knowledge and tools to navigate the complexities of business bankruptcy proceedings effectively.

Key topics:

  • The goals of bankruptcy
  • The types and chapters of bankruptcy
  • The players in bankruptcy
  • The order of creditor payments
  • Bankruptcy §363 sales
  • Evolving law of appeals of § 363(m) sale orders
  • Opposing a subchapter v business’ discharge

Session II – The Chapter 11 case for small businesses - John C. Ruddy

This Guideline is intended to review, analyze, and critique the various options that a financially struggling business. The guideline will point out the advantages as well as the disadvantages that a Chapter 11 Debtor faces.

Key topics:

  • Business chapter 11 proceeding
  • Comparison of a chapter 11 proceeding with a chapter 13 proceeding
  • Description of the opportunities as the dangers that a business chapter 11 debtor faces
  • Taking the proper approach in communicating and presenting an offer to the creditors

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Peter M. Gannott_FedBarPeter M. Gannott | Gannott Law Group, PLL

Peter Gannott is the principal of the Louisville law firm of Gannott Law Group, PLLC where he concentrates his practice in the areas of commercial litigation, creditor’s rights, insolvency, and bankruptcy law. He focuses primarily on representing debtors, Chapter 7 and 11 trustees, creditors, committees, landlords and secured lenders in Chapter 11 and complex Chapter 7 cases. His other areas of experience include litigation of small business internal disputes, FCRA and FDCPA claims and real estate matters. Mr. Gannott served as Chair of the Bankruptcy Section of the Commercial Law League of America and is the former adjunct faculty member of the University of Louisville. He frequently lectures and writes on bankruptcy topics and has authored numerous articles. Mr. Gannott graduated with honors from the University of Illinois and earned his J.D. degree from the Washington College of Law, American University.

 

John C. Ruddy_FedBarJohn C. Ruddy| Ruddy & Petersen Law Group, LLC

The Ruddy family has been practicing law in Kane County since 1927. John Ruddy’s father, Clarence Ruddy, was a 1922 graduate of East Aurora High School. While attending East High, his father was captain of the debate team. His father later attended Notre Dame Law School in the Knute Rockne era and was founder of the Notre Dame Law Review. John is grateful to his wife Lorna for all the support she has given him during the course of their 40-year marriage.

John graduated from Marmion Military Academy in Aurora in 1968. Thereafter, he graduated from the University of Denver and obtained his J.D. from John Marshall Law School, which is now a graduate school of the University of Illinois at Chicago. John Ruddy began practicing law in 1977 with his father (Clarence), brother (Phillip), Charles Myler and retired Judge Donald Fabian. John is deeply grateful for the advice that they gave him on how to protect a client’s interests while maintaining high ethical standards. John is proud to continue the Ruddy tradition of practicing law in the Chicago area.

John is a managing member in the firm Ruddy & Petersen Law Group, LLC, in Aurora, Illinois. John concentrates his practice in the areas of litigation concerning real estate, bankruptcy reorganization, commercial matters, eminent domain, and consumer disputes. He has been in practice since 1977. John advises and represents the firm’s clients on real estate foreclosure proceedings, including the implementation of sheriff’s sales. John also advises and represents loan borrowers on defenses and counterclaims to mo11gage foreclosure proceeding, including the Fair Credit Agreements Act, the Real Estate Settlement Protections Act, the Truth in Lending Act, the Fair Debt Collection Practices Act and the Illinois Consumer Fraud Act. John is an active member of the Kane County Bar Association and has been a co-chair along with Brie Crawford of the Business Issues Committee for several years. In addition to studying law, John enjoys going overseas, studying foreign languages and foreign cultures. John enjoys studying Chinese, Spanish, and French.

Agenda

Session I – Business Bankruptcy Blueprint: Types, players and important issues unveiled | 2:00pm – 3:00pm

  • The goals of bankruptcy | 2:00pm – 2:10pm
  • The types and chapters of bankruptcy | 2:10pm – 2:15pm
  • The players in bankruptcy | 2:15pm – 2:25pm
  • The order of creditor payments | 2:25pm – 2:35pm
  • Bankruptcy §363 sales | 2:35pm – 2:45pm
  • Evolving law of appeals of § 363(m) sale orders | 2:45pm – 2:55pm
  • Opposing a subchapter v business’ discharge | 2:55pm – 3:00pm

Break | 3:00pm – 3:10pm

Session II – The Chapter 11 case for small businesses | 3:10pm – 4:10pm

  • Business chapter 11 proceeding | 3:10pm – 3:25pm
  • Comparison of a chapter 11 proceeding with a chapter 13 proceeding | 3:25pm – 3:40pm
  • Description of the opportunities as the dangers that a business chapter 11 debtor faces | 3:40pm – 3:55pm
  • Taking the proper approach in communicating and presenting an offer to the creditors | 3:55pm – 4:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General hours

Delaware

Approved for CLE Credits
2 General

Florida

Approved via Attorney Submission
2.5 General

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General

Maryland

No MCLE Required
2 General

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Approved for Self-Study Credits
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General

Tennessee

Approved for Self-Study Credits
2 General

Texas

Pending CLE Approval
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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