Every banker should have a fundamental understanding of the U.S. Bankruptcy Code and your bank's rights and obligations thereunder.
This webinar will introduce you to the world of bankruptcy. It is designed for lenders and support staff with the goal of educating them on the fundamentals of both consumer and commercial bankruptcy law. Practical information for daily use will be provided.
Topics Will Include:
- Talk the talk: Bankruptcy terminology
- The basics of the Bankruptcy Court system and the role of the U.S. Trustee's office
- An overview of the various chapters of the Bankruptcy Code (7, 9, 11, 12 and 13)
- Setoffs and foreclosure sales: The automatic stay and what the bank can and cannot do after it goes into effect
- Filing a proof of claim
- Secured vs. Unsecured vs. Undersecured Claims
- Exempt property
- What debts of an individual can and cannot be discharged
- The order or "priority" in which claims are paid in bankruptcy
- The rules on Reaffirmation Agreements
- Pursuing guarantors when a borrower files bankruptcy
- Rejection of leases and executory contracts: how they can affect the bank's collateral values
- Bankruptcy timetable and special rules for single asset real estate cases
- Special protections afforded members of the armed forces under the Servicemembers Civil Relief Act
- Preferences, fraudulent transfers and unauthorized post-petition transfers
Who Should Attend?
This program is designed for all lenders and their support staff.
Instructor
Robin Russell has practiced law for 30 years and is licensed in Texas, New York and Massachusetts. She is a fellow in the American College of Bankruptcy and of the American Law Institute. She combines a depth of experience in bankruptcy restructuring and litigation with financial transactions.
She has represented corporate debtors, independent directors, liquidating trustees, bondholders, unsecured creditors' committees, bank groups, private equity funds, landlords, trade creditors and bidders for estate assets in Chapter 11 and Chapter 7 bankruptcy proceedings. She has also represented banks, institutional lenders and corporate borrowers in commercial loan transactions and debt restructurings.
Robin is the principal author of Thomson Reuters’ Texas Practice Guides for both Creditors’ Rights and Financial Transactions and the Texas Bankers Association’s Texas Secured Lending Guide, Texas Problem Loan Guide, Texas Real Estate Lending Guide and Texas Account Documentation Guide. She is a frequent speaker on banking, bankruptcy and financial restructuring related topics and has served as a Chapter 7 Trustee.
Robin received her LL.M. in Banking Law from Boston University and her J.D. from Baylor University where she was Editor-in-Chief of the Baylor Law Review and the highest ranking graduate in her class. She clerked for the Texas Supreme Court before beginning her legal career.