NACBA’s panel of experts will examine the new and amended bankruptcy rules, national uniform plan and local plans. While your district may be using its own local plan, many plans use language substantially similar to the national form plan. Find out what issues may arise and how to litigate them. Does your local plan meet the legal requirements of Bankruptcy Rule 3015.1? What districts are using the national plan, national plan lite or original local plans? Join us to find out.
Some of the issues that will be discussed in this seminar include:
- Under Amended Rule 2002(a)(9) is the Bankruptcy Clerk’s office going to assume the responsibility of notifying all creditors of the deadline to file an objection to confirmation
- When is the earliest possible hearing date for confirmation under the new rules?
- If no objections are filed can the Court confirm the plan without hearing?
- Does the 7-day deadline to file an objection to confirmation apply to chapter 13 trustees as well?
- Why was the lien protection for secured creditors added in amended Rule 3002(a)?
- What effect will the change in deadline to file claims have on creditors and debtors?
- Does amended Rule 3002(c)(6) mean that creditors effectively have carte blanche to file claims late?
- What exactly do claims for residences have to include? What can be left out and why?
- When objecting to claims what official form has to be used? Has the entity to be given notice changed?
- Do the amended rules allow debtors to determine secured and priority amounts through the plan? What if the district is using a local form plan?
- Can debtors do a lien strip using the plan? How?
- When should new rule 5009(d) be used, at the beginning or end of case? How do attorneys get paid for the work?
- Has your local chapter 13 form plan qualified under the requirements of new Bankruptcy Rule 3015.1? If not what can you do?
- Which jurisdictions have opted to use a local plan? Are those plans similar or completely different than the uniform plan? What if your district hasn’t officially adopted a local plan but is working on it. Which plan should you use?
- What additional language can be used in the non-standard section of the plan? Give us lots of examples.
- How do attorney’s fees get paid under the uniform plan? Is there suggested distribution language to use in plans to insure attorneys are paid?
Materials for the workshop include:
- Copies of red-lined rules and the national uniform plan;
- Copies of NACBA and NCBJ’s comments to proposed rules;
- Recommended non-standard plan language add-ins including but not limited to 524(i) language, partial cram down of non-PMSI, lien strip off in chapter 20 cases, modification of the stay adjustments, attorneys fees and priority of payments under the plan.
- Map/list of districts using uniform plan vs. local plans;
- Copies of form motions and briefs to challenge local plans.
Here’s All The Information You Need to Get Registered Today!
- You must be logged in to receive the member rate. See help video.
Dates: December 7-8, 2017
Time:12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
Rate: NACBA Member Fee: $199 Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.