A Field Manual for Involuntary Bankruptcies

In the Coronavirus economy, more creditors will consider involuntary bankruptcy petitions against their debtors. However, involuntary bankruptcies are poorly understood. Many lawyers are aware of the involuntary bankruptcy but do not understand their strategies and mechanics. This program - a field manual for involuntary bankruptcy - fills that gap for both creditors and alleged debtors. 

This course will cover initial strategy decisions, including business considerations for filing an involuntary bankruptcy petition, state and federal alternatives to involuntary, and the risks of involuntary petitions, including "bad faith" involuntary bankruptcies and "collusive involuntary. For petitioning creditors' counsel, the program will discuss the statute's and rules' practical implementation, planning the involuntary case, and expediting the case's business goals, as well as risk management for the petitioners' attorney. For involuntary bankruptcy petition defenders, the program will include motions for dismissal and sanctions, using the "gap period," abstention defenses, and the "bar to joinder" defense. 

Learning Objectives:

1. Review the mechanics of an involuntary bankruptcy 
2. Discuss strategies for filing involuntary bankruptcies on behalf of creditors
3. Identify critical motions and defenses for alleged debtors in involuntary bankruptcies
4. Avoid common mistakes when bringing or defending an involuntary bankruptcy