"Bankruptcy Techniques: Foreclosure Defense Strategies" Live CLE Agenda

"Bankruptcy Techniques: Foreclosure Defense Strategies" delves into sophisticated and complex issues of bankruptcy and how these issues are intertwined with current foreclosure litigation.

The course will examine the current market condition and the securitization process that has exacerbated the current real estate crisis. The topics will include options available under Chapter 13 including qualifying for relief, avoidance of mortgages, lien stripping, cram down of investment property and many others. In addition, there is ½ hour on the subject of Ethics and Metadata.

Bankruptcy Techniques
400 minutes total including 30 minutes on ethics.

Course Outline

Introduction: 5 minutes

Industry Overview: 5 minutes

Mortgages Markets: 25 minutes
     Pervasive
     Gigantic
     Complex

Securitization: 25 minutes
     Process
     Players
     Problems

Chapter 13: 30 minutes
     Qualifying for Relief
     Regular Source of Income
     Debt Limits under 109(e)

Curing Defaults: 30 minutes
Right to cure under §1322(c)
Plan Treatment of Mortgages in Chapter 13

Avoiding Mortgage: 20 minutes
Complaint to Avoid Mortgage-Securitized Trust

Lien Stripping: 50 minutes
     Legal Basis for Lien Stripping & Overview
          In Re Lam and In re Zimmer
          Overview of Process and End Result
    Pre-Filing Considerations
          Client counseling-will the plan be feasible?
          Due diligence research
          Debt limits
     Beginning the Process
          Identifying Parties to Serve
          Service of Process
          Plan Language
     The Process By Way of Adversary Proceeding
          The Complaint
          Summary Judgment /Stipulation/Trial
          Final Judgment
     The Process By Way of Motion
          Motion
          Stipulation or Evidentiary Hearing
     Final Order
     Chapter 20: A New Possibility?

Cram Down Investment Property: 30 minutes
     Right to Cram Down 506(a)
     In Re: Paschen
     Motion to Revalue
     Plan Treatment

Objection to Proof of Claim: 90 minutes
     Mortgage Proof of Claim Checklist
          Improper Fees and Charges
          False and Fraudulent Claims
     Standing
     Discovery/Pattern and Practice
     Excluding Evidence

Complaint to Declare Mortgage Current: 15 minutes
Dealing with misapplied funds

FCRA Section 1681s-2(b)(1) and FDCPA15 U.S.C. § 1692 et seq.: 45 minutes
     Primer
     Violation Checklist
          Stay Violations 362(a)
          Discharge Violations 524(i)

Ethics and Metadata: 30 minutes

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