Why You Should Attend
If you are even a bit uncomfortable with the provisions of the U.S. Bankruptcy Code, then be sure to register for ALI CLE’s program with leading bankruptcy and estate planning lawyers for a fast-paced review of bankruptcy provisions to know when engaging in estate and asset protection planning.
Planners who utilize trusts as part of their estate planning should understand the effectiveness of certain provisions in a bankruptcy setting (e.g., when an interest in a trust is included in the bankruptcy estate, the impact on holdback/spendthrift clauses under various scenarios, etc.). Furthermore, do you know when the state exemptions apply and when federal law is trumped by the state exemptions?
The recent U. S. Supreme Court decision in Clark v. Rameker came as a surprise to many estate planners. The case highlights the fact that many estate and asset protection plans are created without consideration to the effect of bankruptcy.
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What You Will Learn
Topics to be discussed include:
brief overview of bankruptcy, including involuntary bankruptcy;
scope of the bankruptcy estate, including reporting requirements for a debtor who is or becomes a beneficiary;
scope of a bankruptcy trustee's avoidance and recovery powers, especially pertaining to fraudulent transfers;
fraudulent transfers and clawback theories such as constructive trusts and unjust enrichment;
strategies for dealing with recalcitrant debtors and debtors who have beneficial interests in asset protection trusts;
use of exemptions - including identifying when state exemptions trump federal exemptions; and
effect of a denial of discharge
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
West LegalEdcenter will not provide accreditation for states not listed.
This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.
