As a general rule, liens survive a bankruptcy discharge but often creditors' liens are at risk of avoidance or of being stripped.
This OnDemand Webinar will examine the various means and methods used by debtors and trustees to strip or avoid creditors' liens on real and personal property during a debtor's bankruptcy. The program will address value issues and strategy associated with protecting against debtor's avoidance powers in Chapters 7 and 13 as well as the trustee's avoidance powers including use of the strong arm provision, preferential transfers, fraudulent transfers and state law lien avoidance.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Nature of a Lien and the Effect of the Discharge on Liens
Debtor's Authority to Lien Strip
- Chapter 7
- Chapter 13
Trustee's Authority to Avoid and Strip Liens
- Section 544 - Trustee's Powers Over Liens, Security Interests, Priority Issues And State Law Rights
- Section 546 - Limitation Periods for Avoidance Actions and Extensions of Statutory Liens
- Section 547 - Trustee's Power to Avoid Transfers as Preferential and Exceptions
- Section 548 - Trustee's Power to Avoid Transfers/Liens as Fraudulent
- Section 550/551 - Trustee's Remedies Upon Transfer Avoidance
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on April 18, 2011.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Russell D. Garrett
Jordan Ramis PC
- Shareholder with Jordan Ramis PC
- Practice focuses on creditors’ rights, bankruptcy, commercial and bankruptcy litigation, and real estate matters
- Admitted to practice in both Oregon and Washington state bars, the federal district bars in Oregon and Washington, the U.S. Court of Appeals for the Ninth Circuit, and the U.S. Supreme Court
- Regularly represents creditors and bankruptcy trustees, and also serves as a Chapter 7 panel trustee for the Western District of Washington
- Routinely speaks on practice issues relating to creditors’ rights, bankruptcy, ethics and insolvency matters
- Written many articles relating to creditor issues
- Member of the executive committee for the Washington Bar Debtor-Creditor Section, and serves as a delegate to the Oregon State Bar House of Delegates
- Serves as a lawyer representative to the Ninth Circuit and as a trustee for the Federal Bar Association in the Western District of Washington
- J.D. degree, Willamette University College of Law, where he served as a member of the law review
- Can be contacted at [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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