2011 NorthLegal Bankruptcy Conference

Goals | Topics | Materials | Speakers | What Participants Say

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Course Goals
The purpose of the NorthLegal Bankruptcy Conference is to provide participants with specific, detailed, and understandable information and strategies they need to analyze bankruptcy filings, to comply with bankruptcy law requirements so that their financial institution is not sanctioned or otherwise penalized, and to aggressively act to protect their financial institution's interests to the extent bankruptcy law allows.

The program is intended to help those new to bankruptcy understand basic and intermediate concepts and to prepare them to have case handling authority at their financial institution. It is also to provide those who are already experienced bankruptcy analysts with the advanced skills and techniques that will allow them to obtain the maximum recovery for their financial institution.
During the conference, participants learn about and discuss:

• How bankruptcy laws and court decisions affect lenders' rights and obligations,
• How to make loans that place the financial institution in the best possible position to recover in the event of a bankruptcy,
• How to analyze bankruptcy cases and fight to protect the financial institution's rights,
• How to handle controversial issues in bankruptcy,
• How to avoid doing things that get financial institutions sued.

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Topics Covered
A strict "agenda" is not available in advance of the program, because the speaker believes participants benefit from the ability to cover some topics as they arise. However, the following topics, among others, will be covered in detail during the three-and-a-half day conference:

Introductory Topics

• Where bankruptcy law comes from, and how the laws passed by Congress, laws passed by states, and court decisions, relate to each other.
• The types ("chapters") of bankruptcy, how each compares to the others, why debtors choose each type, and how each type affects the creditor's rights and obligations.
• Important bankruptcy terms.
• Duties of the Debtor before the bankruptcy is filed. (Mandatory credit counseling, and more.)

Debtor Protection During and After Bankruptcy

• In-depth analysis of the "automatic stay," the "codebtor stay" and the "discharge injunction"
• When each begins and ends.
• What the purpose is of each, and why that's important.
• What each prohibits, and how courts interpret those prohibitions.
• When the court will grant "relief" from the stay or injunction.

Sources of Information
available to help creditors analyze and fight bankruptcy cases.

Handling Chapter 7 Bankruptcy Cases

• Protecting security interests
• Adequate protection
• Obtaining and documenting reaffirmation agreements
• Redemption
• Surrender
• Collecting from coborrowers
• Exceptions to discharge
• Education loans
• Tax payment loans
• Fraudulent loans
• Preventing discharge
• Finding and collecting from assets

Handling Chapter 13 Bankruptcy Cases

• Protecting security interests
• Adequate protection
• Valuation and cramdown
• Creditor's right to interest during the bankruptcy.
• Special rules relating to mortgages and other real property loans
• Collecting from coborrowers
• Exceptions to Discharge
• Education loans
• Tax payment loans
• Fraudulent loans
• Rights of Unsecured Creditors
• Best Effort Test
• Feasibility Test
• Liquidation Test
• Good Faith Test
• Eligibility for Chapter 13

Advanced and Controversial Issues

• Offsetting and Enforcing Liens on Shares
• Payroll Deduction and Automated Payments
• Denial of Services
• Cross Collateral Clauses
• Credit Reporting of Bankruptcy Obligations
• Privacy Issues in Bankruptcy

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Course Materials
Each participant will receive one free pass to attend the archived online NorthLegal Webinars "Bankruptcy 101: Introduction to Bankruptcy" and "Bankruptcy 102: The Automatic Stay" during the week prior to the time the program begins. (This will help new participants prepare for the conference, and will help experienced analysts check and refresh their knowledge prior to the program.)

At the conference, each participant will receive extensive handout materials that outline, discuss, and analyze bankruptcy law as it pertains to consumer lending. Although these course materials are not intended to serve as a "stand alone book" (in fact, they are not sold to those who do not attend the conference), many conference participents have told us they use the course materials as a reference guide to assist them in handling cases throughout the year.

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Speakers
The primary speaker for the conference is Eric North. Eric is a practicing attorney who has devoted his legal practice to representing the interests of credit unions and other lending institutions for more than twenty-five years. Prior to beginning the practice of law, Eric worked within various financial institutions in lending, collections, and operations departments, and managed several of those institutions. This experience allows Eric to bring practical, as well as "legal" information to those who attend his programs.

In addition to practicing law, Eric dedicates a significant portion of his time each year to the training of hundreds of credit union professionals throughout the United States through local programs presented on behalf of dozens of state credit union leagues and CUNA, through monthly NorthLegal Webinars, and through the annual NorthLegal Bankruptcy Conference.

(Watch here for information about guest speakers for the 2011 Las Vegas program when that information becomes available.)

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What Participants Say
Want to know what other bankruptcy professionals who have attended seminars by Eric North say? Click here

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