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BK 101: Constitution, Statutes, Rules and Caselaw
Constitution, Bankruptcy Code, Bankruptcy Rules, and Case Law. Embedded in the United States Constitution is the genesis of bankruptcy protection in America. The Founding Fathers recognized the need for bankruptcy protection as an alternative to incarcerating indigent individuals in “debtors’ prison” – a common way to deal with unpaid debt in…
BK 103: Chapter 1 of the Bankruptcy Code
Chapter 1 of the Bankruptcy Code The United States bankruptcy laws are codified at 11 U.S.C. § 101 et seq., which is commonly referred to as the Bankruptcy Code. The Code is segregated into various “chapters” just like a book: 1, 3, 5, 7, 9, 12, 13 and 15. The Bankruptcy…
BK 104: Chapter 3 of the Bankruptcy Code
Chapter 3 of the Bankruptcy Code Bankruptcy Code Chapter 3 relates to case administration. Section 301 et seq. provides rules about commencing a bankruptcy case, duties of the trustee and other officers, required meetings of creditors, and automatic stay/injunction rights. Not all sections of Chapter 3 will be addressed. Instead, concentration is…
BK 105: Chapter 5 of the Bankruptcy Code
Chapter 5 of the Bankruptcy Code Bankruptcy Code Chapter 5 provides for rights of creditors, duties of debtor, obligations of debtor’s counsel, and administration of the bankruptcy estate. Chapter 5 consists of sections 501 thru 562. Not all sections of Chapter 5 will be addressed. Instead, concentration is placed on those…
BK 106: Chapter 7 of the Bankruptcy Code
Chapter 7 of the Bankruptcy Code Bankruptcy Code Chapter 7 is different than Code chapters 1, 3 & 5. Think of Chapters 1, 3 and 5 as the internal gears that make the bankruptcy machine operate efficiently – the nuts and bolts of the bankruptcy process if you will. In…
MK 104: Advertising for Clients
Advertising for Clients Advertising is an important component of legal marketing. This course considers ethical issues every lawyer must understand before starting to advertise for bankruptcy clients, including specific words and phrases that must appear in every advertising piece, as required by the U.S. Bankruptcy Code. Advertising is a relatively…
MK 110: The Bankruptcy Process
Understanding the Bankruptcy Process Studying these courses should help any attorney feel more competent to file his/her first Chapter 7 bankruptcy case. Attorneys who embrace these courses will be able to better understand the Chapter 7 legal requirements, anticipate bankruptcy issues, and carefully prepare the required petition, schedules, and statements.…
MK 112: U.S. Bankruptcy Code
Exploring the U.S. Bankruptcy Code The Bankruptcy Code is the most authoritative source of bankruptcy law. The Bankruptcy Code is divided into “chapters” just like a book. For individuals seeking to discharge their debts without making any payments, the most relevant Bankruptcy Code chapters are Chapters 1, 3, 5 & 7.…