Alan Gassman's Master Bankruptcy Bundle - What you NEED to KNOW!
A Special Limited Time E-Book and 90 Minute Webinar Bundle - with INSTANT DELIVERY
Get your mind around bankruptcy in a hurry with the comprehensive UPDATED E-BOOK by Alan Gassman, Alberto Gomez, Michael Markham, Larry Heinkel and Adriana Choi.: What Estate Planners (and Others) Need to Know About Bankruptcy. It’s critical for estate and business planners to have more than a general working knowledge of how bankruptcy law works, and when to bring in a specialist to assist. Why? Because in the lives of all too many of our clients, the financially unforeseen happens.
Here’s what Steve Leimberg said about this book: This book is a great practitioner’s desk guide to bankruptcy law. It’s loaded with definitions, planning tips, guidelines to limitations, evidentiary rules, links to webinars, questions to ask clients, sample forms, charts. It’s loaded with “I didn’t know that” information such as this: Filing a bankruptcy petition may cause loss of attorney/client privilege, criminal prosecution for failure to disclose past concealment, scrutiny from the U.S. Trustee’s office, and will cause the federal rules of evidence to apply.
Includes the MUST SEE 90 Minute Webinar by Alan Gassman
Creditor Protection and Bankruptcy Laws for Insolvent Businesses and Professional Practices: What Planners Need to Know Right Now! Strategies, Laws to Know and Traps for the Unwary
Corona Virus has brought a financial tsunami the likes of which we have never seen. At this juncture in time millions of small businesses and professionals find themselves struggling not only to have enough cash to survive the shutdowns and loss of revenues caused by the virus, but also to have the resources and advice they need to know how to proceed to do their best to survive. Bankruptcy lawyers are already very busy and not always well versed on what strategies can be used to help a business survive and avoid having to file in Bankruptcy court.
Please join Alan Gassman for this 90 minute program in order to have a firm background in what needs to be known and considered in the representation of businesses, professionals, and families now in peril in order to best work with debtor/creditor counsel. The following topics will be covered with many informative slides and supplemental materials:
- State and federal laws concerning the insolvency of operating entities, and the fiduciary duty of officers and directors to protect creditors and their rights.
- The law of preferential transfers, and what transactions can be safely engaged in between owners and other "insiders" and an insolvent or possibly insolvent entity.
- How to make the best use of a "friendly creditor" and other strategies that may help keep more aggressive creditors at bay.
- Strategies for preserving cash and negotiating with creditors, including Assignments for the Benefit of Creditors.
- Special rules that apply to leases and long term employment agreements in bankruptcy.
- Corporate and individual bankruptcy rules and mistakes that can cause criminal liability and loss of the right to discharge indebtedness.
- Ethical and attorney client privilege issues and how to handle them.
- Playing the "Florida card" and why.
- Budgeting and cutting costs without panicking.
- Working with bankers and other lenders.
- Protecting family equity and shareholder loans in a family business.
- Preferential Transfer Rules and how to avoid liability for guarantors and related parties.
- Making transfers that may protect assets without causing worse problems.
- How Chapter 11 and 13 Reorganizations Work and Advanced Planning Necessities.
- Planning Techniques that are not well known but effective and why they work.
- Advisor liability and ethical considerations.
1. The Basics 11
2. Separating Businesses Into Separate Entities 13
3. Evidentiary Rules and The Protections and Privileges Allowed in Bankruptcy 18
4. Choosing Whether to File and What Chapter to File Under 27
Alberto Gomez and Michael Markham Provide More on:
a. Chapter 7 34
b. Chapter 13 39
c. Chapter 11 41
5. The Automatic Stay 49
6. LLCs, FLPs, and Executory Contract Planning 53
7. Lease vs. Finance/ Purchase 61
8. Exceptions to Discharge of Indebtedness 62
a. Section 727 62
b. Section 523 64
9. Irrevocable Trusts Not Established by the Debtor 77
10. Limiting Risks – Estate Planning Strategies and the Role of Debtor in Asset Protection 86
11. Fraudulent Transfers 89
12. Insolvent Corporations and The Assignment for the Benefit of Creditors 94
13. Homestead, 730 Days, Tenancy by the Entireties, and Community Property 96
14. Self-Settled Trusts and Issues Associated Therewith 101
15. Practical Considerations During Pre-Bankruptcy Planning 122
16. Ten Year Rule for Asset Protection Trusts and Similar Arrangements 123
17. Overview of the Homestead Exemption 125
TRAPS FOR THE UNWARY:
1. Opting-In and Opting-Out States 13
2. Limitations on IRA Protection Where State Law Exemption is not Unlimited or State Law Will Not Apply 17
3. Waivers of State Law Exemptions May Not Be Enforceable In Bankruptcy 17
4. Crime Fraud Exception to Attorney Client Privilege 19
a. More on the Crime Fraud Exception, Joint Defense Agreements and the Attorney/Client Privilege 23
5. How Do You Facilitate A CPA/Client Privilege? – Very Carefully 21
6. Will the Trustee Sue the Debtor’s Lawyer For Malpractice? 26
7. Charging Order Protection and Issues Associated With Executory Contracts 52
8. Perfection of a Security Interest In An LLC – The Priority Rules Are Not Always Dependent On The Order Of Perfection 54
9. What Matters The Bankruptcy Court Have Jurisdiction Over – Core And Non-Core Proceedings and Appeal Rights 59
10. Involuntary Bankruptcy 69
a. Baker’s Dozen: No Cupcakes for the Uninformed Debtor 70
11. Preferential Transfers 81
12. A Guarantor’s Nightmare – The Preferential Transfer Rules May Be Triggered 82
13. Timing of Estate and Asset Protection May Impact the Outcome of Your Bankruptcy 85
14. The Transferee of a “Fraudulent Transfer” May Not Be Able to Bankrupt Out
Transferee Liability 92
15. Wage Statute Interaction 96
16. Judicial Powers, Strong-Arm Powers, Clawbacks and Fraudulent Transfers 99
17. Self-Settled Trusts and Issues Associated Therewith 101
a. Death of DAPTs for Non-DAPT Residents Exaggerated 103
b. Uniform Voidable Transactions Act 113
c. Going to Jail on Contempt of Court 114
18. Overriding Waiver of Exclusion Under Bankruptcy Code 522(f) 123
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