Consumer Debt & Personal Bankruptcy 101

(428 Ratings)

Produced on: February 06, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Beginner

In a weak economy, the trend of personal bankruptcy filings increase. Even in a strong economy, unfortunate and unexpected circumstances give rise to filings as well.

This course, presented by attorney Julie Cvek-Curley, provides an overview of personal bankruptcy proceedings for consumers in debt. She reviews why a filing may be need, what it accomplishes, and provides an overview of the filing process as a whole.


Learning Objectives: 

  1. Gain an introductory understanding of eligibility for personal bankruptcy and the different chapters of bankruptcy
  2. Understand how to conduct the intake meeting, including how to determine whether your client needs to file, and which chapter of bankruptcy is best for your client
  3. Identify best practices for preparing the Voluntary Petition and related filings
  4. Familiarize yourself with how to file the case, including what pleadings need to be filed so the case doesn’t get dismissed
  5. Grasp how to assess the case post-filing and pre-discharge, including understanding the attorney’s responsibilities
  6. Examine the Section 341(a) Meeting, including the purpose of the meeting and conduct during the meeting
  7. Comprehend the discharge process 

Faculty

Julie Cvek-Curley

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP

Julie Cvek Curley is a partner of the firm practicing in the areas of corporate and consumer bankruptcy, as well as foreclosure and mortgage defense, mortgage loan modification, and real estate. Ms. Curley concentrates her practice representing a variety of corporate and individual debtors, with an emphasis on construction reorganizations and real estate workouts.

In addition to her practice, Ms. Curley donates her time and energies to the indigent community in Westchester county. In 2008, Ms. Curley, together with the Legal Services of the Hudson Valley, established a pro se clinic to assist individuals who cannot afford an attorney to file their own Chapter 7 bankruptcy petitions.


Education 

  • Hofstra University School of Law, J.D., 2004
  • Recipient of the Benjamin Weintraub and Alan Resnick Bankruptcy Law Award
  • New York University, B.A., 2001


Awards and Speaking Engagements 

  • 2013 Recipient of New York Metro Rising Star by New York Super Lawyers, handed out to the top 5% of practicing attorneys in the State ofNew York
  • Panel Speaker for a workshop titled “Double Dip — How Will We Know?” sponsored by the New York Chapters of ACG and TMA on October 21, 2011 which examined the state of the lending market and the impact on banks, companies and the workout field, exploring the recent fluctuations in the lending and distressed bond market and discussing the impact access to capital
  • Panel Speaker at CLE Program titled “New York Foreclosures & Workouts: Bankruptcy Alternatives for Distressed Debt” on June 24, 2011 instructing real estate agents on unique bankruptcy issues when dealing with distressed debt
  • Panel Speaker at CLE Program titled “Viable Alternatives For Dealing with Distressed Debt in the Troubled Real Estate Market” on May 13, 2010 advising practitioners on dealing with undersecured debts in a Bankruptcy scenario
  • Panel Speaker at CLE Program titled “How to Conduct a Pro Se Chapter 7 Bankruptcy Clinic” on March 19, 2009 instructing Bankruptcy practitioners on conducting a Chapter 7 Bankruptcy clinic
  • Presented with the “2009 Partner in Justice” award by The Board of Directors of Legal Services of theHudsonValley, theProBonoNYWestchesterCountyCommittee & PaceLawSchool in Recognition of Outstanding Commitment to Justice for the Poor
  • Moderated CLE Program titled “Practice Pointers and Mistakes to Avoid When Filing a Bankruptcy Case” on October 22, 2008 featuring U.S.B.J. Hon. Adlai S. Hardin, Jr.; Jeffrey L. Sapir, Chapter 13 Trustee; Marlene Guercy, Deputy in Charge, Clerk’s Office; and Laura Brundage, Assistant Deputy in Charge, Clerk’s Office
  • 2008 Above the Bar Award Recipient for “Westchester County’s Most Promising New Attorney” presented by Westchester County Business Journal, Westchester County Bar Association, Citrin Cooperman & Company, LLP, Pace Law School and Mahopac National Bank 


Publications

  • Homeowners in Distress: The New Mortgage Modification Laws” Published: Westchester Women’s Bar Association Newsletter, June 2009
  • “Bankruptcy Law Reform in the Works to Allow Mortgage Modification” Published: Westchester Women’s Bar Association Newsletter, April 2009
  • “Bankruptcy Abuse Prevention & Consumer Protection Act: Unconstitutional?” Published: Westchester County Bar Association Newsletter, September 2006
  • “The Impact of Sections 526, 527, and 528 of the Bankruptcy Abuse Prevention & Consumer Protection Act of 2005 On Counsel to Debtors With Primarily Consumer Debts” Published: Westchester County Bar Association Newsletter, December 2005, co-authored with Arlene Gordon Oliver, Esq.
  • “Preparing for Life After Law School: Mastering the Multi-Step Process for Job Hunting” Panel Speaker on at the NYSBA 2006 Annual Meeting in New York City, NY.


Reviews

JR
Jeffrey R.

Good info to get started in the bankruptcy field.

RB
Ronald L. B.

Lots of information for the uninitiated.

DK
Dennis K.

A good introduction.

JC
Jeremy C.

Nice course, she talks a little fast (that's just the NY way) but conveyed a good basic level of material on the subject. Good handouts

SP
Shandon P.

good course

CF
Cecil F.

all around excellent course.very thorough.

NZ
N. Theodore Zink, Jr. Z.

Outstanding presentation.

DB
Dwight B.

great

JG
John G.

practical approach to subject

BS
Brett S.

Very thorough, good practice tips

KR
Karen M R.

excellent presentation

NM
Nancy M.

Excellent!

DO
David O.

Very informative.

LS
LEONEL A. S.

Excellent introduction to this area of law.

MC
Marvin C.

Course provides good general overview of the various chapter options, caveats for wrong choices, and limitations--speaker covers wide range concisely.

BO
Brian O.

Great job. I would hire this attorney for a consumer bankruptcy case.

SO
Steven O.

Excellent course; excellent presenter.

SW
Shevonn W.

Excellent information and presenter!!

MS
Moshe S.

Clear & concise. Valuable tools.

EL
Edmund L.

great program, enjoyed it immensely

WC
William C.

Excellent course by the attorney

CT
Chris T.

Excellent Speaker on Topic of bankruptcy

MH
Monique H.

Excellent presentation... thank you!

KO
Kathleen O.

Very organized and efficient presentation of fundamentals in a pleasant manner. Nicely done.

LT
Lynne T.

Thank you!

MH
Megan H.

Great introduction into Bankruptcy. Fast paced and informative.

EM
Eugene M.

covered key points well

MB
Melissa B.

I enjoyed it and learned a few things. I really like the pace of the speaker's presentation.

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