Bankruptcy
Performed for Debtor
- Interview client to obtain background information for filing petition, schedules, and statement of financial affairs.
- Provide client list of documents needed, such as tax returns, certificate of title, life insurance, leases, and liabilities.
- Obtain debt information and draft list of debts.
- Obtain asset information and prepare list of assets.
- Order asset appraisals.
- Draft press release about commencement of case.
- Prepare mass mailing of notice of commencement of case to all creditors.
- Draft petitions, schedules and statement of financial affairs.
- Assist in preparing of disclosure statement and plan of reorganization.
- Draft debtor's monthly operating reports in Chapter 11 cases.
- Assist in preference action litigation.
- Conduct research and prepare witnesses and information for various evidentiary hearings in Chapter 11 cases.
Performed for Creditor
- Review debtor schedules and statement of affairs. Obtain all necessary data from client to draft proofs of claim.
- Draft notice of appearance and motion for admission pro hac vice for attorneys not admitted to the bar in the state of the court proceeding.
- Draft motions for avoidance of liens and reaffirmation agreements; arrange for execution of same.
- Draft motion for examination pursuant to Bankruptcy Rule 2004.
- Draft complaints as Code allows.
Performed for Debtor and Creditor
- Conduct Uniform Commercial (UCC) searches and real property searches to determine status of liens on property and/or equipment.
- Arrange for appraisals of real and personal property.
- Verify that all filings with court are in proper form and order.
- Familiarize client with general procedures for bankruptcy court hearings, meetings, and motions.
- Meet with client for execution of documents.
- Handle routine calls and correspondence to and from creditors, creditors' committee chairperson, attorneys, trustee, debtors, and client.
- Attend court hearings with attorney and client to facilitate flow of documents and information.
- Draft complaints and motions for relief from stay with supporting affidavits in adversary proceedings.
- Draft attorney's fee applications and compile supporting documentation.
- Attend Section 341 meeting(s).
- Attend plan confirmation hearing.
- Maintain log to track discharge and status of bankruptcy.
- Draft judgment searches for appropriate offices.
- Draft request for information as to real estate owned by debtor; analyze and summarize documentation and information received; prepare lien priority exhibits for use in trial.
- Maintain service list for distribution of pleadings, motions, notices, and orders.
Note - Some of the information contained in the Litigation section of this publication also includes work performed in the Bankruptcy specialty area.