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OnDemand Course

The Influence of Bankruptcy on Collections

Learn how bankruptcy influences collection efforts and how to properly respond to a bankruptcy.

The filing of a bankruptcy always complicates and in many ways frustrates a creditor's collection efforts. But there are steps that can be taken and strategies that can be employed to maximize the potential for recovery in such situations. Knowing the bankruptcy process, the types of claims and certain advantages provided to creditors in the Bankruptcy Code are key in evaluating the best path. Moreover, preparing for a potential bankruptcy while in the process of settling a collection action can often help mitigate the possible claw back of settlement funds in a future bankruptcy. Knowledge of these issues can greatly benefit internal collections and outside collection counsel if and when a bankruptcy is filed.

62 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 35 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

Bankruptcy 101

  • Understanding Primary Bankruptcy Processes
  • Key Differences Between Chapter 11, Chapter 7 and Chapter 13 Cases
  • New Subchapter 5 of Chapter 11
  • Various Types of Creditor Claims and How to Assert Them

The Automatic Stay

  • Understanding the Primary Effects of the Automatic Stay
  • Who Does the Automatic Say Affect? Third Parties, Guarantors...?
  • Seeking Relief From the Automatic Stay

Bankruptcy Discharge

  • What Does a Bankruptcy Discharge Accomplish and Who Can Get a Discharge?
  • Can a Creditor Collect/Execute After a Discharge?
  • Exceptions to and Objecting to a Debtor's Discharge
  • Exemptions

Strategies Prior to and in Bankruptcy

  • Credit Enhancements and Bankruptcy Remote Collection Tools
  • Proofs of Claim
  • Involuntary Bankruptcy as a Collection Tool

Preferential Transfer Considerations

  • Collecting in the Face of an Expected Bankruptcy Filing
  • Settlement Agreement Provisions to Help Protect Against Avoidance of Settlement Payments
  • Preference Defenses
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Why Lorman?

Over 35 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on October 13, 2020.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. 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.
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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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Why Lorman?

Over 35 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.

Kirk B. Burkley, Esq.

Bernstein-Burkley, P.C.

  • Managing Partner of Bernstein-Burkley, P.C.
  • Practice emphasizes all aspects of bankruptcy and restructuring, creditors’ rights, business and corporate transactions, litigation, real estate, and oil and gas
  • Conducts regular seminars/live webinars and workshops on bankruptcy, creditors’ rights, and oil and gas
  • Author of several publications related to the bankruptcy field, with work appearing in ABI Journal, Equipment Leasing Newsletter, Pennsylvania Association of Credit Managers Newsletter The Creditor, and more
  • Emeritus board member of the American Board of Certification, past president of the American Board of Certification (2020), past president of Turnaround Management Association, member of Allegheny County Bar Association and the American Bankruptcy Institute
  • J.D. degree, University of Pittsburgh School of Law; B.S. degree, Ohio University
  • Can be contacted at 412-456-8108 or [email protected]
Mark A. Lindsay, Esq.

Mark A. Lindsay, Esq.

Bernstein-Burkley, P.C.

  • Partner in Bankruptcy/Restructuring group at Bernstein-Burkley, P.C.
  • Practice focuses on all aspects of commercial bankruptcy, restructuring, and related litigation
  • Significant experience representing commercial landlords in chapter 11 proceedings
  • Member of the Pennsylvania Bar Association, the Allegheny County Bar Association, and Turnaround Management Association
  • Past president of the Allegheny County Bar Association Bankruptcy and Commercial Law Section
  • J.D. degree, Duquesne University School of Law; B.S. degree, University of Pittsburgh
  • Can be contacted at 412-456-8121 or [email protected]
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Why Lorman?

Over 35 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!

  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 407969
Published 2020
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