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Creditor Protection and Bankruptcy Laws for Insolvent Businesses and Professional Practices: What Planners Need to Know Right Now! Strategies, Laws to Know and Traps for the Unwary



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The Corona Virus has brought a financial tsunami the likes of which we have never seen. At this juncture in time millions of small businesses and professionals find themselves struggling not only to have enough cash to survive the shutdowns and loss of revenues caused by the virus, but also to have the resources and advice they need to know how to proceed to do their best to survive. Bankruptcy lawyers are already very busy and not always well versed on what  strategies can be used to help a business survive and avoid having to file in Bankruptcy court.  

Please join Alan Gassman for this 90 minute program in order to have a firm background in what  needs to be known and considered in the representation of businesses, professionals, and families now in peril in order to best work with debtor/creditor counsel. The following topics will be covered with many informative slides and supplemental materials:

  • State and federal laws concerning the insolvency of operating entities, and the fiduciary duty of officers and directors to protect creditors and their rights. 
  • The law of preferential transfers, and what transactions can be safely engaged in between owners and other "insiders" and an insolvent or possibly insolvent entity. 
  • How to make the best use of a "friendly creditor" and other strategies that may help keep more aggressive creditors at bay. 
  • Strategies for preserving cash and negotiating with creditors, including Assignments for the Benefit of Creditors.  
  • Special rules that apply to leases and long term employment agreements in bankruptcy. 
  • Corporate and individual bankruptcy rules and mistakes that can cause criminal liability and loss of the right to discharge indebtedness. 
  • Ethical and attorney client privilege issues and how to handle them. 
  • Playing the "Florida card" and why. 
  • Budgeting and cutting costs without panicking.
  • Working with bankers and other lenders.
  • Protecting family equity and shareholder loans in a family business.
  • Preferential Transfer Rules and how to avoid liability for guarantors and related parties.
  • Making transfers that may protect assets without causing worse problems.
  • How Chapter 11 and 13 Reorganizations Work and Advanced Planning Necessities.
  • Planning Techniques that are not well known but effective and why they work.
  • Advisor liability and ethical considerations.

Alan Gassman is a board certified Trust and Estate lawyer practicing in Clearwater Florida and the lead author of the books Gassman and Markham on Florida and Federal Asset Protection Law (which is part of the Bloomberg Tax Portfolio library) and What Estate Planners (and others) Need to Know About Bankruptcy.  He has lectured on creditor protection and bankruptcy topics for many Florida and national programs, including the Notre Dame Tax and Estate Planning Institute and the Florida Bar Tax Section Wealth Protection Conference that he co-chaired for over 18 years.

 
 
 
    
               
 

 



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Alan S. Gassman, J.D., LL.M., is a partner in the law firm of Gassman, Crotty & Denicolo, P.A., and practices in Clearwater, Florida. He is a frequent contributor to LISI, and has published numerous articles and books in publications such as BNA Tax & Accounting, Estate Planning, Trusts and Estates, Interactive Legal and Haddon Hall Publishing. The Alan Gassman Channel at Interactive Legal has recently opened, and features many books and resources, including many Florida and Federal based materials, forms and resources. He is also the Moderator for Bloomberg BNA's 2017 Estate Planning Webinar Series. On February 24th Alan and his partners Christopher Denicolo and Ken Crotty will present a Bloomberg BNA Webinar at 12:30 EST on Innovative Trust Planning for Uncertain Times. You can contact Alan at agassman@gassmanpa.com for more information with respect to these programs. 



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