Learn about the exemptions available under the bankruptcy code.
Whether you are a creditor, represent a debtor or a creditor or are just dying to know about bankruptcy exemptions, this course has something for everyone. This topic will discuss exemptions available under the Bankruptcy Code. There will be discussions on state vs. federal exemptions and their differences. This material will provide a prospective from both a debtor's point of view and a creditor's point of view. As important as it is to learn about exemptions from both sides, it is just as or even more important to learn how the bankruptcy trustee is involved, what the trustee is looking for and what duties does the trustee have. Additionally, the speakers will also discuss what happens to property of the estate that cannot be exempted or when a creditor has been successful in objecting to exemptions. This panel will highlight exemptions from a 30,000-foot view and break down the ins and outs of using and objecting to exemptions.
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Why Lorman?
Over 34 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
Overall View - Exemptions Under 11 U.S.C. §522
- Exemptions Available Under the Bankruptcy Code
- Federal vs. State Exemptions
- Identifying Which Exemptions to Utilize and When
- Overall Trustee Involvement; How Choosing the Right Exemption Could Affect the Case
Exemptions in Detail (Debtor and Creditor Prospective)
- Proper Completion and Valuations in Schedules
- Identifying Relevant Exemptions
- Use of Exemptions From the Individual Debtor's Prospective
- What Happens When Exemptions Run out?
- Judgment/Liens Impairing Exemptions
- CARES Act Update Can You Exempt Stimulus Payments?
- Reviewing Schedules and Exemptions as a Creditor
- Objections to Exemptions, When, How and Why
Trustee Involvement
- Reviewing Schedules and Valuation
- Evaluating Potential Assets of the Estate and Whether an Exemption Has Been Claimed
- Investigating Assets, Including Those Exempted
- Are the Assets Properly Valued?
- Is the Exemption Properly Used?
- What Legal Options Are Available to Trustee for Nonexempted Assets
- Objecting to Claimed Exemptions
- Objecting to Discharge
- Avoidance Claims
- Referrals to United States Trustee
Exempted Assets After Bankruptcy
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Why Lorman?
Over 34 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 September 29, 2020.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.5
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 89 Minutes.
- NJ CLE 1.8
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WI CLE 1.5
- This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
- NALA 1.5
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.5 hour(s).
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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- Arizona CLE 1.5
- CA MCLE 1.5
- CT CLE 1.5
- HI CLE 1.5
- ME CLE 1.5
- NJ CLE 1.8
- NY CLE 1.5 including Areas of Professional Practice 1.5
- VT CLE 1.5
- WV MCLE 1.8
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 34 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
Kirk B. Burkley, Esq.
Bernstein-Burkley, P.C.
- Managing Partner at Bernstein-Burkley, P.C.
- Practice emphasizes all aspects of bankruptcy & restructuring, creditors’ rights, business & corporate transactions, litigation, real estate, and oil & gas
- Conducts regular seminars/live webinars and workshops on bankruptcy, creditors’ rights, and oil and gas
- Chairman of the American Board of Certification (2020), past President of the American Board of Certification and Turnaround Management Association, and member of Allegheny County Bar Association and the American Bankruptcy Institute
- In 2020, recognized as the only bankruptcy and creditors’ rights attorney on Pennsylvania Super Lawyers’ list of Top 50 Pittsburgh attorneys
- J.D. degree, University of Pittsburgh School of Law; B.S. degree, Ohio University
- Contact 412-456-8108 or [email protected]
Keri P. Ebeck
Bernstein-Burkley, P.C.
- Partner-in-Charge of the Bankruptcy Practice Group at Bernstein-Burkley, P.C.
- Practice focuses primarily on consumer and commercial bankruptcy for creditors
- Conducts regular seminars/live webinars and workshops on bankruptcy on a national level
- Represents creditors nationally and is admitted to practice in Pennsylvania, New Jersey, Northern District of Ohio, all four districts of Texas, Southern and Northern Districts of Indiana, Third Circuit Court of Appeals and U.S. Supreme Court
- Received American Legal and Financial Network (ALFN)’s 2017 JPEG: Picture the Future Award
- Immediate past chair of Bankruptcy and Commercial Law Section of the Allegheny County Bar Association, current vice-chair of the Finance Committee of Allegheny County Bar Association, current vice-chair of the Investment Committee of the Allegheny County Bar Association, member of American Legal Financial Network (ALFN), Bankruptcy and Women in Legal Leadership committees, member of Legal League 100, member of Turnaround Management Association, and finance chair of Judith K. Fitzgerald Bankruptcy Inns of Court
- Can be contacted at 412-456-8112 or [email protected]
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Why Lorman?
Over 34 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.
All of your training, right here at Lorman.
Pay once and get a full year of unlimited training in any format, any time!
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