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 Moderators & Panelists

  Faculty for this event will be announced soon.

 

 Session Information

  Following are the overall outlines for each of the four sessions to be offered at this event:

 

  Bankruptcy Basic

  • Impact of the automatic stay

    What is the automatic stay?

    When is the stay effective?

    Application of definition to different fact patterns

    Why not just violate the stay?

    Impact on foreclosure or eviction actions

    Serial filings – How many cases are too many?

  • Different Chapters and their meanings
  • Chapter 7 deep dive

    Schedules and statement of intent

    Reaffirmation

    Trustee sale of property

    Trustee no asset report vs. trustee abandonment

    Discharge

    Case closing

    Discharge injunction

  • Chapter 13 deep dive

    Establishing the pre-petition debt

    Post-confirmation requirements for creditors

  • Motions for relief from stay

    Chapter 13 vs. Chapter 7

    Stipulations and notices of default

    Trustee’s motion to dismiss

  • Speed bumps

    Standing (collateral documents)

    Adversary proceedings

    Loss mitigation – court sponsored / debtor requested

  • Objections to the plan

    Cramdowns and lien strips

    Total debt pay-off plans without escrow provisions

    Underfunded plans

    Other common objections notices of final cure

    What if the loan is not current?

  • Detours

    Objections to proof of claim

    Objections to payment change notices

    Objection to notice of post-petition fees and costs

    Objections to responses to trustee’s notice of final cure

  • Pot holes

    United States trustee inquiries

    Chapter 13 trustee inquiries 

    Pot holes

    United States trustee inquiries

 Bankruptcy Intermediate

  • Interaction with a case in foreclosure

Postpone vs. cancel 
Automatic handoff 
Document assembly for POC
Monitoring the case pre-confirmation: Rocket Dockets

  • The need for speed

How to avoid late filed claims
What to do when you didn’t? 
Document review to avoid objection
Fee recovery and reimbursement
Amending the claim

  • Review of the Chapter 13 plan

Is the plan feasible?
Is the plan filed in good faith?
Is the debtor capable of performing on the plan?

  •  Periodic statements post-petition

Timely compliance
Quality review process
Statements when no payment is required
Importance of timely boarding in Chapter 11 cramdown or modification 

  • Notice of post-petition fees: What is and is not recoverable?

Proof of claim fees and costs
Fees for post-petition notices
Fees for post-petition inspections
Fees for service transfer related activity
Post-petition late charges

  • Response to the notice of final cure

Generally

Timing and the need for speed

Post-filing reconciliation with the trustee 

What to do when you disagree?

Proper attachments and reconciliation
Setting a hearing to resolve

  • New and notable litigation

 Foreclosure Basic

  • The on-ramp

Demand letters and other pre-foreclosure requirements
Referral to FC 
Referral elements
Loan documents 
Standing - assignments, mergers, notes and eNotes

  • The toll booth

 First legal – judicial v. non-judicial

Document execution

  • The highway

Service/posting

Notice

Judgment (judicial states)

  • The off ramp

Sales and bidding
Post-sale
Redemption/confirmation

  • Speed bumps

FDCPA debt validation
RESPA QWR notices of error and information requests

  • Pot holes

Lost notes and assignments
Deceased borrowers/homeowners
Title issues

  • Detours and construction

Loss mitigation/mediation
Bankruptcy
Contested cases

  • Traffic delays

Servicing transfers
Vacant property issues

Law changes (legislative and case law)

 

 Foreclosure Intermediate

  Pre-foreclosure

  • Holds: Loss mitigation, SCRA and BK

Examination of 12 CFR 1024.41(i): applies once during the life of a default
Examination of 12 CFR 1024.41(f): what dual tracking is and is not
Examination of 12 CFR 1024.41(k): how service transfers affect dual tracking prohibitions and loss mitigation timelines

  • Standing, endorsements, original notes, lost notes and assignments – how it all works together

The role of original documents
The role of endorsements and the UCC 

  • HUD face-to-face letters: when are these challenges a real threat to the foreclosure?
  • Statutes of limitations: Five years is not always five years 

When are statutes of limitations tolled, when do they run and at what point in the foreclosure are they no longer a concern?

 

  Getting the foreclosure going

  • Title issues and curative options

When do title issues prevent us from moving forward?
When first in time is not first in right: what is “subrogation” and when does it rear its head?

COA and HOA liens: how are they recognized, when do they have priority and what is the extent of their priority?

 

  Judgment and prior servicer records: making sense out of a mish-mash of conflicting state evidentiary   rules

  • In which states are prior servicer records an issue?
  • What is the nature of the problem and are there alternative approaches to dealing with admissibility?
  • Practical approaches to dealing with missing records

 

  Getting past sale

  • Who may hold the sale?
  • The nuances of bidding:

When you have property damage
When you have priority issues
Equity versus a lack of equity

  • When a buyer fails to comply with his or her bid, what are your options?
  • Recissions: why they happen

 

  Litigation: how the process works

  • Always try to settle, but give the other side a reason to settle
  • The litigation “funnel” explained

 

  Strategies for resolving aged files

  • Once a population of aged files is identified, how can we work together effectively?
  • Identifying opportunities to move files by making exceptions to policies that would not violate any applicable rule or regulation
 

 Networking

Networking – both formal and informal – is a vital component of any education experience. That’s why you can expect a variety of networking opportunities at this event designed to reinforce and grow your professional network. 

  • Monday, Oct. 28 (by invitation only)

Cocktail/networking hour, 5:30 – 6:30 p.m.

Manager’s dinner, 6:30 – 8 p.m. 

  • Tuesday, Oct. 29

Network with moderators, panelists, colleagues and fellow learners during the education sessions, meal times and breaks, 8 a.m. – 4:30 p.m.

 

 CLE - Continuing Legal Education

Continuing legal education (CLE) is not available for this event.

 

 

 

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