Nuts and Bolts of Bankruptcy: Chapter 13
This CLE will train attorneys on the fundamentals of representing clients in Chapter 13 bankruptcy cases. First we will provide a brief overview of Chapter 13 bankruptcy and quiz the audience on the appropriateness of Chapter 13 versus Chapter 7 for a hypothetical client situation. Then we will discuss equity above exemption (EAE) and disposable monthly income (DMI), as well as provisions for paying unsecured debts in a Chapter 13 plan. Next we’ll cover the treatment of home loans and debts secured by real property in Chapter 13 bankruptcy including stripping second mortgages, avoidance of judgment liens and HOA debts. Finally we will cover motor vehicle loans and other miscellaneous secured debts, and cram downs before moving on to a Q&A session. This training will be ideal for attorneys with limited or no experience in bankruptcy matters.
Christopher Avery is a staff attorney on the Mortgage Foreclosure Prevention Team at Legal Aid of North Carolina, where he primarily represents clients in Chapter 7, Chapter 13, and consumer rights cases. Prior to joining Legal Aid he worked for several years in private practice exclusively handling Chapter 7 and Chapter 13 bankruptcy cases. He is licensed to practice in North Carolina and the United States District Courts for the Western, Middle, and Eastern districts. He received his B.A. degree from North Carolina State University in 2007 and his J.D. degree, cum laude, from Elon University School of Law in 2012.
Jeffrey Baldwin is the bankruptcy administrator for Legal Aid of North Carolina, Inc. and is a member of its Mortgage Foreclosure Prevention Team. He provides assistance to Legal Aid offices in the preparation of Chapter 7 and Chapter 13 petitions, post-filing amendments, and other pleadings for all three bankruptcy districts. He is certified by The Association of Bankruptcy Judicial Assistants (ABJA) as Certified Bankruptcy Assistant. He earned his BA in Business Administration and Management Information Systems at East Carolina University. He is currently enrolled in a Master of Business Administration program at Universidad Francisco Marroquin, Guatemala and a Master of Management program from Tulane University, New Orleans.
Robert Anderson was born in San Diego, California and attended the University of Redlands for his undergraduate education. He went on to attend law school at Loyola University of Los Angeles, evening division while working as a correctional officer at the California Institute for Men. He is admitted to practice law in California and North Carolina. He worked in private practice from 1985 – 2006 in California, handling insolvency matters including Chapter 7 and 11 bankruptcy cases for debtors and creditors. He also represented Receivers, Bankruptcy Trustees, and Assignees for the Benefit of Creditors. Bob worked in private practice in North Carolina from 2007 – 2016, representing debtors in consumer chapter 7 and 13 cases. He joined Legal Aid of North Carolina in September 2018.