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CA 101: Welcome to the Law School Career Advisor

Welcome to the Law School Career Advisor. Law school career advisors serve as a vital lynchpin between the college of law and alumni success.  Career advisors are committed to alumni success.  Alumni should view law school career advisors as their partner in their professional development, especially those alumni exploring a…

Bankruptcy Scholar Certificate Exam – 250 Questions

Bankruptcy Scholar Certificate Exam – 250 Questions. So, do you have what it takes to pass the 250-question exam and earn the Bankruptcy Scholar certificate from National Bankruptcy Academy? Start down the path toward being recognized by your peers and prospective clients as a top Chapter 7 consumer bankruptcy attorney…

BK 102: 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: Six Types of Bankruptcy Cases

Six Types of Bankruptcy Cases. The Bankruptcy Code provides six basic types of bankruptcy cases.  Each type of bankruptcy case is codified in a distinct “chapter” of the Bankruptcy Code.  11 U.S.C. § 101 et seq.  Each type of bankruptcy case is identified by the Bankruptcy Code “chapter” number that contains the…

BK 104: Timeline for a Chapter 7 Case

Timeline for a Chapter 7 case. Debtors are frequently apprehensive of and often overwhelmed by the bankruptcy process.  So, a detailed explanation of the Chapter 7 timeline goes a long way to soothing a debtor’s anxiety.  Understand the day-by-day operations of a typical Chapter 7 case.

BK 105: Alternatives to a Chapter 7 Case

Alternatives to a Chapter 7 Case. Filing bankruptcy is a last resort for most people.  People in debt try to avoid bankruptcy by “tightening their belts” to reduce monthly expenses so the debts can be repaid over a period of time.  Other people try increasing monthly income by working overtime or…

BK 106: Chapter 7 Eligibility

Eligibility for a Chapter 7 Case. To qualify for relief under Chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity.  11 U.S.C. § 101(41) & 11 U.S.C. § 109(b).  Bankruptcy relief is available under Chapter 7 regardless of the amount of…

BK 107: Role of the U.S. Trustee

Role of the United States Trustee. A U.S. trustee is part of the United States Trustee Program established by the United States Department of Justice.  The U.S. Trustee Program is a component of the Department of Justice that seeks to promote the efficiency and protect the integrity of the federal…

BK 108: Role of the Chapter 7 Panel Trustee

The Role of the Chapter 7 Panel Trustee. The U.S. trustee must be distinguished from a Chapter 7 panel trustee.  This chapter focuses on the Chapter 7 panel trustee. The U.S. trustee in each district has assembled a pool of private people to act as Chapter 7 trustees.  These people are typically attorneys. …

BK 109: Section 341 Meeting of Creditors

Section 341 Meeting of Creditors. The U.S. trustee appoints an impartial “Chapter 7 panel trustee” to administer the Chapter 7 case promptly after the bankruptcy petition is filed with the clerk of the court.  11 U.S.C. § 701.  The Chapter 7 panel trustee must administer the case in accordance with the trustee’s statutory…

BK 110: The Automatic Stay

The Automatic Stay Injunction Protection. The “automatic stay” is a statutory injunction against efforts outside of bankruptcy to collect debts from a debtor who is under the protection of the bankruptcy court.  Saint Catherine Hospital of Indiana v. Indiana Family and Social Services Admin., 800 F.3d 312, 315 (7th Cir. 2015).  Generally,…

BK 111: Chapter 7 Discharge

Chapter 7 Discharge. The bankruptcy discharge varies depending on the type of case a debtor files: Chapter 7, 11, 12, or 13.  This course’s primary focus is the discharge granted to an individual in a Chapter 7 case. What is a Discharge in Bankruptcy? A bankruptcy discharge releases the debtor from personal…