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NC Bar Association
8000 Weston Parkway
Cary, NC 27513
(919) 677-0561
1-800-662-7407
sections@ncbar.org

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Section CLE Publications
To search all available CLE Publications, visit CeLE Search at http://www.ncbar.org/cle/celeSearch.aspx. To view Bankruptcy CLE Programs, click here.
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2007 Real Property Section Annual Meeting
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Abstract: Case Law Update (recent Court of Appeals and Supreme Court decisions) - The Interstate Land Sales Act (federal law regulates developers' advertisements to potential out-of-state buyers of real property; methods for ensuring developer-clients comply with requirements, and exemptions that allow developers to avoid it altogether) - Elder Housing Issues (reverse mortgages and revocable living trusts as parties to transactions, special housing developments for seniors with varying levels of independence.) - Bankruptcy Basics for the Real Property Practitioner (A bankruptcy primer, followed by in-depth coverage of how a bankruptcy in the chain of title affects the property your client wants to buy, sell, or refinance.) - Mental Health / Substance Abuse - A Checklist for Helping Attorneys Keep an Ethical and Efficient Real Property Practice (Dot your I's and cross your T's when it comes to your title work, closings, and post-closings.) - Mixed Use Developments (Residential and commercial uses for the same property.) - Boat Slips, Marinas and More (transferring boat slips (are they or aren't they real property?), establishing marinas and docks, and what rights people in the water and next to the water have.) - Stormwater Issues (adequately planning for drainage and retention in order for their plans to be approved by local municipalities)
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30th Annual Bankruptcy Institute
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Abstract: The Year in Review: A Supreme Court Update ... Turning Paper Into Gold: Obtaining and Collecting State or Bankruptcy Court Judgments ... Taking the Success Out of Successor Liability ...
Hedge Funds: New Player at the Bankruptcy Table ... The Early Bird Doesn't Always Get the Worm: Reclamation and Administrative Claims Under §§ 546(c) and 503(b)(9) ... The Boomers are Hitting Old Age: Elder Law Issues in Bankruptcy ... Motor Vehicle Claims After BAPCPA: Is the Paragraph All that Congress Left Hanging? ... Computer Forensics and E-Discovery in Bankruptcy Related Matters ... Recovering from Debilitating Mental Conditions or Addictions ... Construction Liens Under Title 11 - Will Your Lien Provide Shelter From the Storm of Bankruptcy? ... Views from the Bench on the Federal Rules of Evidence ... Local Case Update ... *Click below on "view TOC" to search the Table of Contents*
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31st Annual Bankruptcy Institute
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Abstract: History of Bankruptcy ... Consumer/Non-Business Chapter 11 - A Primer ... Taxes in Bankruptcy ... * Consumer Breakout Session* (Means Tests Panel; Law Office Automation/Trends - A Day in the Life; Foreclosures/Workouts/Meeting Issues) ... * Non-Consumer Breakout Session* (Consumer/Non-business Chapter 11 - Advanced; Homebuilder/Construction Bankruptcies and Liens; Sales of Assets/Liquidations) ... Judge's Panel - Ethics ...
Case Updates ... Intersection of State Law and Bankruptcy ... *Click below on "view TOC" to search the Table of Contents*
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An Ounce of Prevention is Worth a Pound of Cure (2008 Ethics/Professionalism and Substance Abuse Awareness)
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Abstract: Why Gamble With Your Career? ... Dealing with Gambling and Other Addictions ... The Impaired Lawyer's Impact on the Law Firm (Learn to identify the types of impairment that affect attorneys; Recognize and be able to document objective symptoms of impairment; Appreciate the impact an impaired professional has on his/her employer, colleagues, and clients; Evaluate risks of ignoring impairment including financial and ethical repercussions) ... The Disciplinary Process after a Lawyer is Found to be Impaired (What are the steps in the disciplinary process taken by the NC State Bar after a lawyer's ability to practice law is impaired by substance abuse and/or chemical addiction?) ... *Click below on "view TOC" to search the Table of Contents*
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Asset Protection in Bankruptcy Law and Estate Planning
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Abstract: This audio CD discusses planning techniques for preserving client assets in the bankruptcy and estate planning, with an emphasis on bankruptcy. The audio CD reviews techniques for planning for the effective use of bankruptcy exemptions and the use of trusts in shielding assets from creditor claims. The real world risk of asset protection planning will also be analyzed, including claims that a client fraudulently transferred assets. In addition, the risks of creditor objections to discharge of a debt and the complex role of property ownership issues will also be examined. Listen to our All-Star panel, including William Norton of Norton on Bankruptcy, and you will learn more about the risks and rewards of certain asset protection planning techniques. Topics include: Fraudulent transfers risks; Exemption planning; Estate planning issues; Objections of discharge and Property ownership issues.
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Bankruptcy Alternatives for Struggling Businesses
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Abstract: Smaller and medium businesses are the greatest generators of growth and employment in the economy, and are the companies most easily subject to reversals when the economy slows. In the current environment of slowing economic growth and very tight credit, many businesses are seeking alternatives to filing for bankruptcy in the hope of remaining viable until broader economic trends turn. This audio CD provides a guide to practical techniques a business can use, short of filing for bankruptcy, to maintain liquidity/operating capital, work to satisfy creditors, suppliers and others, and maintain operations during difficult economic times. Topics include: Working with lenders on liquidity, loans and other issues; Assignments in favor of creditors; Capital structure issues and opportunities for clean-up; Modification of agreements with suppliers and others and Special real estate issues.
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Basics of Bankruptcy (A Practical Guide for the New Practitioner)
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Abstract: The Initial Interview Process with a Debtor Client (Initial interview and consultations; Assessing the client's situation; Appropriate bankruptcy code; accepting and documenting the engagement) ... Representing the Chapter 7 Debtor (objections to discharge and dischargeability of debt, challenges and issues under Section 707(b), exemption and exemption planning issues) ... Representing the Chapter 13 (role of attorney, Debtor and of the Chapter 13 Trustee; formulating a Chapter 13 plan and calculating plan payments using forms ((inc. Form B22C); super-discharge.) ... Representing the Chapter 11 Debtor (Chapter 11 Reorganization; First Day Motions; cash collateral and DIP financing issues; official committees of unsecured creditors.) ... Representing your Client before the Court (Addressing the Court, tendering exhibits and evidence, addressing witnesses, and basic courtroom demeanor.) ... Representing your Creditor in Consumer and Business Cases (Panel of creditors' attorneys about representing creditors in both consumer and business cases; moving for relief from the automatic stay; obtaining a reaffirmation agreement; defending lien avoidance actions; preparing and filing a proof of claim for your client, etc.) (BAPCPA, conveyances) ... *Click below on "view TOC" to search the Table of Contents*
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Being Secured in an Unsecured World (Bankruptcy for Paralegals)
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Abstract: Preparing a Chapter 7 Bankruptcy Petition (A practical discussion of preparing of a Chapter 7 bankruptcy petition, with special attention to exemptions, Means Test issues, and the little details that can make cases go more smoothly with the Trustee, the Bankruptcy Administrator and creditors.) ... Chapter 13 ... Chapter 11 ... Panel Discussion: The Clerks' Office How-To (The EDNC, MDNC, and WDNC Bankruptcy Courts will discuss both creditor and debtor attorney topics of interest and how they are treated the same or differently between the courts.) ... Creditor Issues ... Wait, Can I Do That? Ethics for Bankruptcy Paralegals/Legal Assistants (A discussion of the Code of Ethics and Professional Responsibility published by the National Association of Legal Assistants within the context of bankruptcy practice. Coverage of various related statutes, cases, and ethics opinions will be included)
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Buying and Selling Distressed Small Businesses - Part 1
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Abstract: "Bargain hunting" for distressed businesses provides the potential for substantial upside for your clients as they turn those businesses around and grow them over time. But those opportunities for substantial financial gain also come with substantial risks. This audio CD examines how you, as legal counsel, can help your clients identify valuable opportunities and yet limit their exposure to liability arising from common law theories of successor liability and bankruptcy law. Topics include: legal framework of buying/selling distressed businesses, the business task: helping your clients find value, what deals are getting done - or not done, non-bankruptcy strategies for acquiring/selling businesses, purchasing a distressed note with the prospect of buying the distressed business and successor liability issues.
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Buying and Selling Distressed Small Businesses - Part 2
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Abstract: "Bargain hunting" for distressed businesses provides the potential for substantial upside for your clients as they turn those businesses around and grow them over time. But those opportunities for substantial financial gain also come with substantial risks. This audio CD examines how you, as legal counsel, can help your clients identify valuable opportunities and yet limit their exposure to liability arising from common law theories of successor liability and bankruptcy law. Topics include: bankruptcy framework for buying distressed businesses, buying assets and businesses at bankruptcy auctions, acquisition techniques, including "loan to own" strategies and warning signs and pitfalls of buying businesses out of bankruptcy.
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Consumer Bankruptcy Law
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Abstract: The Means Test and Disposable Income Calculations Under Forms B22A and B22C ... The Bankruptcy Court-The Ultimate Court of Domestic Appeals ... View from the Bench ... The View From the Creditor Side: Current Issues in Creditor Practice ... Case Law Update ... Living in a Brave New World: Law Office Management and Technology ... Discharge Issues, Old and New ... *Click below on "view TOC" to search the Table of Contents*
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Disposition of Distressed Real Estate
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Abstract: With rising interest rates, tighter credit, and the end of some speculative investing, certain components of the commercial real estate market are in substantial distress. The residential home market also continues to suffer from slackening demand, high inventory, and falling prices. This audio CD examines effective techniques for disposing of distressed real estate, including limiting liability, stemming financial losses, and avoiding adverse tax surprises.
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Effective Lawyering in a Complex World
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Abstract: Substance Abuse: Real Stories (An estimated one-third of all attorneys suffer from depression and/or alcohol or drug addiction, at a rate two to three times higher than the general population. The implications for lawyers, loved ones, our clients and the profession are obvious.) ... 10 Practice Management Tips for Effective Lawyering (10 practical, ready-to-implement technology, management and marketing tips to increase your effectiveness and gain more control.) ... Peak Performance and Complex Lives (Reduce stress, while achieving and maintaining peak performance in the complex, demanding life. Practical techniques you can apply immediately to increase your productivity, effectiveness and satisfaction.) ... Dealing with Diversity Within Your Law Office (Understanding some general traits that employees in different age groups tend to share. Review of the main values and approaches to work of the four generations in your workplace and discuss strategies and techniques to better meet the needs of the different generations as well as minimize workplace conflict.) ... The True Professional in a Challenging World (The professional heritage of lawyers and how that heritage is being challenged by the pressures of our 21st century world.) ... *Click below on "view TOC" to search the Table of Contents*
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Ethics in Bankruptcy Practice
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Abstract: Attorney ethics in bankruptcy, and when a client is in default or in workout negotiations lenders, are complex and subtle. These issues have become more pressing with the increase in the number of business and real estate defaults, and the increase in workout negotiations. What are the sources of the ethical rules? What obligations does an attorney have to lenders and others creditors, if any? When do legitimate transfers of assets cross the line into fraudulent conveyances? These and many other questions will be addressed in this audio CD which provides you with a practical guide to ethical responsibilities and traps in representing debtors and creditors. Topics include: Sources of liability for attorneys representing debtors or creditors in federal bankruptcy; Ethics in workout negotiations; Fraudulent conveyance considerations; Special issues of collection activities against consumers and Practical tips for avoiding liability.
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Ethics in Bankruptcy Practice
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Abstract: Attorney ethics in bankruptcy, and when a client is in default or in workout negotiations lenders, are complex and subtle. These issues have become more pressing with the increase in the number of business and real estate defaults, and the increase in workout negotiations. What are the sources of the ethical rules? What obligations does an attorney have to lenders and others creditors, if any? When do legitimate transfers of assets cross the line into fraudulent conveyances? These and many other questions will be addressed in this audio CD which provides you with a practical guide to ethical responsibilities and traps in representing debtors and creditors. Topics include: Sources of liability for attorneys representing debtors or creditors in federal bankruptcy; Ethics in workout negotiations; Fraudulent conveyance considerations; Special issues of collection activities against consumers and Practical tips for avoiding liability.
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Ethics in Bankruptcy Practice
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Abstract: Attorney ethics in bankruptcy, and when a client is in default or in workout negotiations lenders, are complex and subtle. These issues have become more pressing with the increase in the number of business and real estate defaults, and the increase in workout negotiations. What are the sources of the ethical rules? What obligations does an attorney have to lenders and others creditors, if any? When do legitimate transfers of assets cross the line into fraudulent conveyances? These and many other questions will be addressed in this audio CD which provides you with a practical guide to ethical responsibilities and traps in representing debtors and creditors. Topics include: Sources of liability for attorneys representing debtors or creditors in federal bankruptcy; Ethics in workout negotiations; Fraudulent conveyance considerations; Special issues of collection activities against consumers and Practical tips for avoiding liability.
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Financial Crisis Audio CD Series: Getting Under the TARP (Troubled Asset Relief Program): Selling Toxic Assets to the Gov & Gov Purchases of Stock
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Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part series will provide you a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation.vernment and new changes in banking regulation. SEGMENT 3 topics include: Guarantees of bank debt ; Substantial changes to deposit insurance coverage; Interbank lending; Creation of Commercial Paper Funding Facility; Substantial expansion of Term Auction Facility; Payment on interest on reserves; Much moret on interest on reserves; Much more.
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Financial Crisis Audio Cd Series: Housing Market: Fannie, Freddie and Foreclosure Abatement
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Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provide you with a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 4 topics include: New underwriting standards for conforming loans; What Fannie and Freddie will buy from banks and will not; Foreclosure mitigation efforts under the bailout legislation; New residential loan servicing standards; New housing goals: The New Fannie and Freddie.
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Financial Crisis Audio CD Series: Impact of the Credit Crisis on Banking Regulations: New Rules of the Road
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Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provides you with a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 3 topics include: Guarantees of bank debt; Substantial changes to deposit insurance coverage; Interbank lending; Creation of Commercial Paper Funding Facility; Substantial expansion of Term Auction Facility; Payment on interest on reserves; Much more.
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Financial Crisis Audio CD Series: Understanding the Bailout: An Overview of Sprawling Changes to Banking, Accounting and Real Estate
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Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provides you a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 1 topics include: Background of crisis: Collapse of the housing market, growth of collateralized debt obligations, and rising defaults; Congressional Action: Detailed review of Emergency Economic Stabilization Act of 2008; Federal Reserve Activity: interest rates, new lending facilities, commercial paper intervention, loans to industry; SEC Activity: rules changes and enforcement activity; Recapitalization of banks across the nation.
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Financial Crisis FOUR Audio CD Series Package - The Bailout, TARP, Banking Regulations and the Housing Market
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Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provides you a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. *See each individual Audio CD's for specific details*
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Handling Individual Chapter 11 Cases
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Abstract: The faltering economy, rising joblessness and an increasingly restrictive credit environment are causing sharp increases in filings for individual bankruptcy. This cyclical upturn in bankruptcy practice is bringing renewed attention to new Chapter 13 bankruptcy, created by the 2005 BAPCPA legislation, and its complex relationship with Chapter 11 filings for individuals. In many instances, individual Chapter 13 filings have advantages over Chapter 11 filings, but Chapter 13 is available to only a limited universe of debtors. This audio CD discusses the relationship between Chapter 11 and Chapter 13 filings for individuals, examine what Chapter 11 practitioners need to know about Chapter 13, provide a detailed discussion of the advantages of each over the other, and discuss planning techniques for using Chapter 11 to achieve some of the advantages of Chapter 13. Topics include: Relationship of individual Chapter 11 and Chapter 13 filings; What Chapter 11 practitioners need to know about Chapter 13; Advantages/disadvantages of each Chapter 13 and Chapter 11; Individual eligibility for Chapter 13 filings and Techniques to use Chapter 11 to obtain some advantages of Chapter 13.
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Handling Individual Chapter 11 Cases
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Abstract: The faltering economy, rising joblessness and an increasingly restrictive credit environment are causing sharp increases in filings for individual bankruptcy. This cyclical upturn in bankruptcy practice is bringing renewed attention to new Chapter 13 bankruptcy, created by the 2005 BAPCPA legislation, and its complex relationship with Chapter 11 filings for individuals. In many instances, individual Chapter 13 filings have advantages over Chapter 11 filings, but Chapter 13 is available to only a limited universe of debtors. This audio CD discusses the relationship between Chapter 11 and Chapter 13 filings for individuals, examine what Chapter 11 practitioners need to know about Chapter 13, provide a detailed discussion of the advantages of each over the other, and discuss planning techniques for using Chapter 11 to achieve some of the advantages of Chapter 13. Topics include: Relationship of individual Chapter 11 and Chapter 13 filings; What Chapter 11 practitioners need to know about Chapter 13; Advantages/disadvantages of each Chapter 13 and Chapter 11; Individual eligibility for Chapter 13 filings and Techniques to use Chapter 11 to obtain some advantages of Chapter 13.
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Information Security for Lawyers and Law Firms
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Abstract: Written for lawyers and lawfirms, this book provides sound advice and offers valuable guidelines and assistance to bridge the worlds of law and technology on important information security issues that face the legal professional every day. Content includes: The ethical duties of lawyers relating to securing their electronic information; How a small lawfirm can have reliable security; What are worms, Trojans, spyware, malware, spiders, key loggers and their implications; Is it safe to use wireless technology for the delivery of legal services; In large firms, what information security duties can be delegated; How lawyers and other law firm personnel can be trained in information security.
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Light and Life at the End of the Tunnel: Resources to Aid Lawyers to Live Better Lives
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Abstract: Unique Psychological Problems Facing Lawyers (BarCARES: Private health providers, Human Resource Consultants, BarCARES counseling and BarCARES counseling) ... Responding Effectively to the Challenges Presented by an Impaired Colleague in Light of our Duty to Each Other, the Profession, and the Public ... Recovering from Debilitating Mental Conditions or Addictions ... Resources Available to Firms to Enhance Lawyer Effectiveness and Address Lawyer Impairment ... On the 'Broken' Road of Recovery with the Next Generation ... How the State Bar Processes Impaired Lawyer Cases ... Getting the Best Out of Your Brightest and Helping Them Get the Best Out of Themselves (Adhering to the commonly accepted standards of Professionalism; teaching good legal "judgment"; building trust and accountability systematically in your law firm through higher expectations of professionalism) ... The Firm's Response to the Impaired Lawyer (Statistics on the problem of the dissatisfied or impaired lawyer; addiction and mental illness in the workplace; charting an ethical, businesslike and moral course) ... *Click below on "view TOC" to search the Table of Contents*
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LLCs and Insolvency: Bankruptcy and Tax Aspects
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Abstract: What are the entity-level and member-level implications of an LLC entering the zone of insolvency - and filing for bankruptcy? As LLCs have become the default entities of choice for many businesses, practitioners are increasingly confronting major insolvency, bankruptcy and tax issues as their clients fall into insolvency and file for bankruptcy. Integrating bankruptcy and tax law, this audio CD guides business counsel through the heightened duties of managers as the LLC enters insolvency, the increased risk of liability, and the real-world tax and bankruptcy implications for both the entity and its owners as each file for bankruptcy. This audio CD is essential learning for attorneys advising LLCs! Topics include: Overview of LLCs v. corporations in bankruptcy; Heightened duties of care for managers when LLC enters zone of insolvency and potential liability; Bankruptcy implications of entity-level and member-level bankruptcy filings; Special issues for single-member LLC; Cancellation of indebtedness income and allocation to members and Allocation of tax attributes and basis issues.
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LLCs/Partnerships in Bankruptcy - Part 1
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Abstract: The slowing economy and tight credit markets are having a particularly acute impact on middle market businesses. Those businesses are often formed as Limited Liability Companies and sometimes as partnerships, which is forcing their advisers to confront again how complex bankruptcy and tax rules apply to LLCs and partnerships in default and bankruptcy. This audio CD provides non-bankruptcy and tax specialists with a practical guide to the most important issues for LLCs and partnerships in bankruptcy, including the treatment of LLC assets when it files for bankruptcy, the consequences for the LLC when a member files for bankruptcy, the status of LLC operating agreements as executory contracts, and a plenitude of discharge of indebtedness and other tax issues. Part 1 topics include: Authority of LLCs and partnerships to file bankruptcy; Manager v. Member-managed LLCs in bankruptcy; LLC operating agreements as executory contracts; Tax consequences of foreclosure events and Treatment of bankruptcy estate for tax purposes.
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LLCs/Partnerships in Bankruptcy - Part 2
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Abstract: The slowing economy and tight credit markets are having a particularly acute impact on middle market businesses. Those businesses are often formed as Limited Liability Companies and sometimes as partnerships, which is forcing their advisers to confront again how complex bankruptcy and tax rules apply to LLCs and partnerships in default and bankruptcy. This audio CD provides non-bankruptcy and tax specialists with a practical guide to the most important issues for LLCs and partnerships in bankruptcy, including the treatment of LLC assets when it files for bankruptcy, the consequences for the LLC when a member files for bankruptcy, the status of LLC operating agreements as executory contracts, and a plenitude of discharge of indebtedness and other tax issues. Part 2 topics include: LLC assets in bankruptcy; Treatment of membership interests when a member files for bankruptcy; Cancellation of indebtedness income for entity v. members; Allocation of basis issues and Special issues for single-member LLCs.
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NC Foreclosure Prevention Project
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Abstract: *Qualifies for NC State Bar Real Property and Bankruptcy Specialization Credit* ... Introduction to the State Foreclosure Prevention Project (Explanation of HB 2623 "Emergency Foreclosure Reduction Act" and the role of the State Home Foreclosure Prevention Project in seeking to reduce and avoid foreclosures in NC.) ... Overview of Primary Consumer Mortgage Protections (NC's Predatory Lending Act and Mortgage Lending Act and other regulations regarding consumers, mortgage lenders, brokers and servicers.) ... Explanation of the "Red-Flag Review" (Designed to determine potential violations of NC and Fed law for OCOB to review.) ... Representation of Borrowers in Loss Mitigation and Beyond ... Negotiating With the "Full Playing Field" in View (Potential mortgage-related issues for attorneys who wish to negotiate for homeowners. Issues that go beyond the violations of law covered in the "Red-Flag Review" session such as, servicing issues, federal regulations and unfair trade practices.) ... The Foreclosure Process and Claims and Defenses (The procedural elements, evidentiary issues involved in litigating affirmative cases to prevent foreclosure.) ... Negotiating (The process by which loan servicers, holders and their attorneys handle loss mitigation claims and negotiation of modification agreements.)
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North Carolina Bankruptcy Practice Manual, Sixth Edition (2007)
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Abstract: The best procedural guide used by bankruptcy lawyers and paralegals across the state is now available. The Bankruptcy Practice Manual is designed both new and experienced Bankruptcy practitioners in mind. With this new release comes new technology. Purchase the print version (including Forms CD) or receive the same resources entirely on CD. Now available in a fully searchable electronic version, you can search the entire book, or chapter by chapter, while electronically highlighting and bookmarking specific text and sections for future reference. Covering substantive bankruptcy law and amended procedural rules, it is a practice resource you won't want to be without. ... *Click below on "view TOC" to search the Table of Contents* Forms CD is only compatible with Microsoft operating systems and is programmed specifically for PC computers.
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Real Estate Management Agreements
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Abstract: Real estate holdings can be complex businesses - office buildings, retail shopping centers or strips, hotels - requiring daily professional management even when financed and built by experienced investors or real estate entrepreneurs. One of the keys to the success of these projects is effectively outsourcing management to professionals while controlling costs and meeting business milestones. Within the context of office, retail and hotel projects, this audio CD examines the essential economic issues of outsourcing management, with an emphasis on those provisions of management agreements affecting finance, control and operational issues, and liability. Topics include: Understanding the economics of outsourcing management to professionals; Important decisions in the division of responsibilities between owner and managers; Control and operational issues and Office building, retail center, hotel projects.
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Real Estate Workouts: Tax and Non-Tax Aspects
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Abstract: Rising interest rates and the end of the speculative bubble in real estate in many parts of the country have given rise to a growing number of defaults and property owners filing for bankruptcy. As lenders, developers and investors attempt to workout the terms of loan agreements, there is renewed focus on the application of the insolvency and bankruptcy law to commercial real estate deals. Featuring experts with decades of experience in real estate and insolvency law, this audio CD guides you through practical process of working with your client's lenders, including lender motivations, areas where there is room for compromise, and restating loan documentation. Topics include: Cash flow issues and lender forbearance; Workout agreements and restating original loan documents; Structuring workouts, including benchmarks and deadlines; Cramdowns in real estate; Impact of the new bankruptcy law on workouts and Lender motivations and areas for compromise.
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Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A Fresh View of Professionalism)
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Abstract: Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A fresh perspective on the definition of "professionalism" in the context of the modern practice of law. What is professionalism?; What are the causes and consequences of the crisis in professionalism?; Do lawyers have a public responsibility as intermediaries between the people and the law?; Can lawyers make money, have fun and do good, all at the same time?) ...
Jam Session: NC Lawyers' Response (Do lawyers need a fresh view of professionalism? What can North Carolina lawyers learn from rock and roll?) ... "One Bourbon, One Scotch, and One Beer" and "Manic Depression" Are Not Just Song Titles: Recognizing and Managing Substance Abuse and Mental Health Problems in the Legal Profession (How does the crisis in professionalism affect lawyers on a personal and individual level? What is its role in causing mental health problems, depression and substance abuse?: Causes of depression and other mental health problems; Causes and nature of substance abuse as problem for lawyers; Strategies for preventing these problems through rebalancing your life and finding new meaning in your work) ... *Click "view TOC" below to search the Table of Contents*
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Successor Liability in Asset Acquisitions
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Abstract: In several important instances, a buyer of assets may inadvertently and by operation of law, and not agreement, succeed to the business liabilities of the seller of the assets. At common law and under bankruptcy law, there are many instances where the buyer is left unaware that the seller's creditors have a valid claim against the buyer for the seller's liabilities. This audio CD reviews common law and statutory sources of liability for asset acquisitions, including fraudulent transfer concerns, practical tips for identifying potential liability, and structuring and drafting your transfer documents to allocate, reduce or eliminate the liability. Topics include: Common law and bankruptcy code theories of successor; De facto mergers and business continuation exceptions to non-liability; Fraudulent transfers traps; Creditor rights against asset buyer and seller; Risks of buying assets and businesses out of bankruptcy and Structuring and drafting techniques to reduce or eliminate risk.
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The Cybersleuth's Guide to the Internet
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Abstract: Much information once only available to professional researchers from expensive sources is now available for free on the Internet, if you know how to find it. This book will show you how to be a cyber-detective and unearth this information FREE (or at low cost!) on the Web. Also included is Levitt and Rosch's North Carolina-specific resource guide on CD. Fully bookmarked and searchable, the CD makes conducting Internet-based N.C. legal research a snap! The book includes examples based on real world research scenarios. Whether you're just starting to use the Internet for serious research or you're a seasoned online research veteran, this book can help you find what you're looking for fast and free. Learn how to use the same tools as skip tracers & private investigators. Find out How to Dig Up "Dirt" About Anyone; Uncover Information to Attack Someone's Credibility; Seek out the Smoking Gun; Mine the Web for Missing People; Discover Addresses (Home and Email); Find Phone Numbers (Even Cellular); Locate Aliases, Employer's Name; Glean Personal Information; Unearth Property Records; Access Public Records. Find free legal research like Full-Text Case Law Databases; Elusive Government Documents; Federal, State and Local Primary Law; Secondary Legal Resources (law review articles, legal news, etc.); Legal Practice Materials and more! (290 page soft cover)
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The Electronic Evidence and Discovery Handbook Second Edition
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Abstract: E-Discovery and the use of electronic evidence has increased dramatically over the past few years, but many lawyers still struggle with the complexities of dealing with electronic information. This comprehensive book provides lawyers with the templates they need to develop an effective E-Discovery strategy, and to frame appropriate E-Discovery requests. In addition to the ready-made forms, the authors also supply helpful information and commentary to bring you rapidly up to speed in the electronic discovery field. The accompanying CD-ROM features over 70 forms in Word format. Also included is an extensive electronic evidence case digest with over 200 cases summarized!
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The Lawyer's Guide to Fact Finding on the Internet, Third Edition
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Abstract: The most user-friendly Internet research book available for legal professionals today. A complete hands-on guide that shares the secrets, shortcuts, and realities of conducting fact finding on the Internet. Written for legal professionals, this comprehensive desk reference lists, categorizes, and describes hundreds of free and fee-based Internet sites. Useful for investigations, depositions, trial presentations, medical research, gathering competitive intelligence, finding expert witnesses, fact checking of all kinds. Includes information on browsers, search engines, Weblogs, library databases, public records. Includes CD of all links mentioned in book. Select relevant research sources; Access subjects guides, newsgroups, and listserves; Find experts; Research companies, public records; Conduct medical, statistical, international research. Icon system immediately identifies free & free-with-registration sites, pay sites; practical tips & advice on using specific sites; an easy-to-use topical structure, organized the way lawyers think, starting with the best sites first; over 150 screen shots of Web sites; and over 700 pages of factual categories & updated URLs. Stop wasting time on the Internet, and make the Internet work for you! With purchase receive free subscription to bi-monthly e-mail newsletter updating the book: A $99 value.
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Top Issues in Small Business Bankruptcies
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Abstract: This audio CD focuses on practical strategies for keeping small businesses afloat during bankruptcy. After a petition is filed and while a reorganization or sale is pending, small businesses struggle with before business pressures and the demands of creditors and others. An essential element of a successful reorganization is ensuring that business has sufficient cash operating capital to function, the lights and other utilities remain on, and foreclosure of operating space is delayed. How does the business secure these in the context of a bankruptcy proceeding? These and many related topics are discussed in this audio CD, with its emphasis on the top issues small businesses face as they develop a plan for reorganizing and saving the business, or selling its assets. Topics include: Ensuring the business has cash operating capital; Single asset real estate cases and staving off foreclosure; Maintaining utility service during reorganization period; Acceptance or rejection of leases and executory agreements, and traps for the unwary and Special rules and reporting requirements for "small business debtors".
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Wealth Preservation Planning - Part 1
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Abstract: Wealth preservation planning seeks to shield client assets from bankruptcy, the claims of creditors and others, and loss in litigation. It has become mainstream and uses a host of practical asset protection and estate planning techniques to achieve its objectives. This audio CD provides you with a guide to integrating those techniques in a comprehensive estate plan. Among other topics, the audio CD discusses the use of foreign and domestic trusts, the use of foreign and domestic insurance products, and exemption planning. The audio CD also discusses the risk of wealth preservation planning becoming the fraudulent transfer of assets and how to avoid that liability. Part 1: Overview of integration asset protection into estate planning; Asset protection planning and avoiding of fraudulent transfers; Forms of ownership as a protection tool - joint tenancy, tenancy in common and Use of exemptions to protect assets.
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Wealth Preservation Planning - Part 2
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Abstract: Wealth preservation planning seeks to shield client assets from bankruptcy, the claims of creditors and others, and loss in litigation. It has become mainstream and uses a host of practical asset protection and estate planning techniques to achieve its objectives. This audio CD provides you with a guide to integrating those techniques in a comprehensive estate plan. Among other topics, the audio CD discusses the use of foreign and domestic trusts, the use of foreign and domestic insurance products, and exemption planning. The audio CD also discusses the risk of wealth preservation planning becoming the fraudulent transfer of assets and how to avoid that liability. Day 2: Gifting strategies; Use of foreign and domestic trusts; Domestic and foreign insurance techniques; Expatriation of assets and Protection of retirement benefits.
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Who Says Bankruptcy Is Boring? (Tips and Strategies for Legal Assistants)
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Abstract: 60 Tips in 60 Minutes from the Bankruptcy Clerks of Court (Middle District, Eastern District and Western District) ... How to Handle Credit After Bankruptcy ... How to Keep the Boss Out of Ethical Hot Water AND Get A Big Raise at the Same Time ... Preferences: What's the Name of the Game? PREFO! ... Chapter 7: Asset Protection for Individual Debtors ... Chapter 11 ... Chapter 13: The Good Guys versus the Bad Guys - The Choice is Yours ... Basics of Chapter 7 ... Role of the Bankruptcy Administrator ... How to Make Your Chapter 13 Trustee Happy ... Chapter 11 ... *Click below on "view TOC" to search the Table of Contents*
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