Attention:
Card image cap

All Things (Chapter) 13


Level: Advanced
Runtime: 61 minutes
Recorded Date: April 11, 2019
Click here to share this program
Printer-Friendly Version
Closed Caption

Agenda


  • Disposition of Estate Funds Upon Dismissal of a Chapter 13 Case
  • Chapter 20 Lien Strippling: Still No Definitive Answers, Just Questions
  • Potential Issues with Verbose Confirmation Orders
  • Delinquent Post-Petition Mortgage Payments and Discharge
Runtime: 1 hour
Recorded: April 11, 2019
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

Let our experts guide you through the most important current chapter 13 issues, including (1) is a chapter 7 trustee entitled to a commission on a converted case?; (2) is interest required in a 100 percent chapter 13 plan where not all disposable income is contributed?; (3) is failure to make direct payments on a mortgage grounds for denial of discharge?; and (4) can a debtor employ Section 506(d) to avoid a lien in a subsequent chapter 13 case (chapter 20), even though the debtor is not eligible for discharge?

This program was recorded as part of ABI's Annual Spring Meeting on April 11th, 2019.

Provided By

American Bankruptcy Institute
Card image cap

Panelists

Card image cap

Richardo I. Kilpatrick

President
Kilpatrick & Associates, P.C.

Richardo I. Kilpatrick has concentrated his practice in the area of bankruptcy for over 30 years, first as a member of Shermeta, Chimko & Kilpatrick, P.C., and since 2000, as the founding member and President of Kilpatrick & Associates, P.C. Since founding his Firm, Mr. Kilpatrick has had innumerable opportunities to contribute to the bankruptcy community. These opportunities include participating extensively in the American Bankruptcy Institute (ABI), including being its President from April 2001 to April 2002; being inducted as a fellow into the American College of Bankruptcy (ACB); and being invited to join the National Bankruptcy Conference (NBC), where he advises members of Congress on important and key bankruptcy legislative points.

Mr. Kilpatrick is also a member of the Advisory Committee on Bankruptcy Rules, where he works to directly craft, tweak, update, and change bankruptcy rules in an ongoing effort to improve the practice of bankruptcy for all involved. Mr. Kilpatrick’s extensive involvement with the bankruptcy community has enabled him to provide expert guidance to numerous clients in all areas and types of insolvency matters and creditors’ rights including Corporate, Consumer and Commercial Litigation, Real Property Remedies for Creditors, Real Property Transactions, and General Corporate Counseling.

Mr. Kilpatrick also works as a consultant to numerous companies assuring that they are compliant in their bankruptcy practices by offering his insight and expertise on how they may structure and strengthen their bankruptcy practices in a sound, ethical, and legal way.

Card image cap

Hon. Michael B. Kaplan

Judge
U.S. Bankruptcy Court for the District of New Jersey

Michael B. Kaplan is a bankruptcy judge for the United States bankruptcy court, District of New Jersey. He was appointed as a bankruptcy judge on October 2, 2006, and his term will expire on October 1, 2020.

Judge Kaplan received his Bachelors degree from Georgetown University (1984) and his J.D. from Fordham University School of Law (1987).

Kaplan served as a Standing Chapter 13 Bankruptcy Trustee, as well as a member of the Chapter 7 panel of bankruptcy trustees, where he received case appointments as both a Chapter 11 and Chapter 12 trustee.

Card image cap

James J. Haller


Haller Law Group

Since 1993, Jim has been providing consumers with unparalleled legal services. In 2017 Jim served as President of the National Association of Consumer Bankruptcy Attorneys, the largest bar association for consumer bankruptcy attorneys in the United States.

Jim serves as a committee member on the Commission which will be suggesting changes to the Bankruptcy Law to Congress and the Judiciary.

Jim has successfully represented clients from state court to the United States Supreme Court. He is licensed to practice before the United States Supreme Court, the 7th and 8th Circuit Court of Appeals, and in the states of Illinois and Missouri.

Card image cap

Hon. Michael A. Fagone

Bankruptcy Judge
U.S. Bankruptcy Court, District of Maine

Hon. Michael A. Fagone is a U.S. Bankruptcy Judge for the District of Maine in Bangor, appointed in April 2015. He is also a member of the U.S. Bankruptcy Appellate Panel for the First Circuit, appointed in April 2016.

Judge Fagone previously clerked for Associate Justices Leigh I. Saufley and Robert W. Clifford of the Maine Supreme Judicial Court. Following his clerkship, he joined Bernstein, Shur, Sawyer & Nelson in Portland, Maine, and was a member of its Business Restructuring and Insolvency Practice Group from 1998-2000, and from 2001-15, where he represented clients in bankruptcy cases and in out-of-court restructurings. While practicing law, Judge Fagone was recognized in The Best Lawyers in America and Chambers USA as one of the top bankruptcy lawyers in Maine. He is Board Certified in Business Bankruptcy Law by the American Board of Certification and served on the board of directors of the Nathan and Henry B. Cleaves Law Library, and on the board of directors of the Dyer/Library and Saco Museum.

Judge Fagone currently serves on ABI’s Board of Directors and volunteers with Credit Abuse Resistance Education (CARE), teaching students about the responsible use of credit and the dangers of credit abuse. He also has volunteered as a coach and an evaluator for Maine Law’s teams in the Conrad B. Duberstein Moot Court Competition.

Judge Fagone received his B.A. from Amherst College in 1993 and his J.D. summa cum laude from the University of Maine School of Law in 1997.


Card image cap

Similar Courses

Card image cap
76 minutes
360-Degree of Investigation - A Roundtable Discussion Regarding Investigations of Debtors and Recovery of Assets
This panel of lawyers and insolvency professionals with bankruptcy expertise will lead a roundtable discussion regarding investigation of debtors and recovering assets to enhance the value of a bankruptcy estate.

American Bankruptcy Institute

$95

Add to Cart
Card image cap
63 minutes
40 Years of Data: What the Data on the Industry Says About Its Future
For 40 years, The American Lawyer, its affiliate publications and ALM Intelligence’s Legal Compass have been collecting data on law firms, clients and providers. What does the data tell us about where the industry is headed? We will take a deep dive into our data and others’ to assess the state of the industry and its future.

Legalweek

$65

Add to Cart
Card image cap
60 minutes
60 Consumer Tips in 60 Minutes
This panel of national consumer experts will provide you with the necessary tips for achieving great results in your consumer cases.

American Bankruptcy Institute

$75

Add to Cart
Card image cap
77 minutes
A Catch-22: Dilemmas for Landlords in the Era of COVID-19
This panel will explore the myriad legal conundrums landlords have been facing in bankruptcy cases across the country since the COVID-19 pandemic took hold. Discussion points will include landlord rights to assumption/rejection and timing, the ability of debtors to defer rent payments to landlords for lengthy periods of time, and the impact of force majeure clauses in these disputes.

American Bankruptcy Institute

$95

Add to Cart
Previous Next