Bare Legal Title v. Equitable Interests 11 U.S.C. § 541: Practical Considerations Every Bankruptcy Attorney Must Know
Date: Thursday, June 26, 2025
Time: 3:00-4:30pm ET
Member price: $25
Non-member price: $75
Speakers: Stephen E. Berken, Esq. and Sean Cloyes, Esq.
Description: 11 U.S.C. 541(a)(1) states the bankruptcy estate is comprised of all legal and equitable interests. However, 541(d) addresses when a debtor holds only bare legal title and no equitable interest. This webinar will discuss recent case law, the nuances between equitable and bare legal title, the risks, and how to prove the debtor’s interest in the property.
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ABOUT THE SPEAKERS
Stephen E. Berken, Esq.
Partner, Berken Cloyes
He is the Colorado state chair for the National Association of Consumer Bankruptcy Attorneys. He is the founding member of the Colorado Consumer Bankruptcy Association. He is the creator of the Colorado Debtors’ Counsel Listserv, an Internet-based source of information for debtors’ counsel in the state of Colorado. The Listserv is provided as a free service to counsel of the Debtors’ Bar. Mr. Berken is on the ABI Advisory Board for Colorado. Mr. Berken is a board-certified expert in consumer bankruptcy, American Bankruptcy Board of Certification. He is the state chair for C.A.R.E. (Credit Abuse Resistance Education). Mr. Berken was named Bankruptcy Attorney of the Year by 5280 Magazine for 2014, 2015, 2016 and 2017.
Academic Information: B.A., Political Science, University of California, 1981, Cum Laude; J.D., Hastings College of the Law, University of California, 1984 Date admitted to practice: November 1, 1985.
Stephen E. Berken is a partner with Berken Cloyes. His practice focuses on areas of consumer bankruptcy law. Mr. Berken earned his B.A. degree, cum laude, from the University of California in 1981, and his J.D. degree from Hastings College of the Law, the University of California in 1984. Mr. Berken is a frequent lecturer before various professional groups. Mr. Berken handles cases involving Chapter 7 and 13, defense and prosecution of bankruptcy adversary matters.
Sean Cloyes, Esq.
Partner, Berken Cloyes
Sean Cloyes partnered with Steve Berken to form Berken Cloyes in 2016. Sean graduated from the University of Nebraska with a Bachelor of Arts degree. He also obtained his Juris Doctorate from dear old Nebraska U. Sean is a member of the Colorado Bar Association. He is admitted to practice in Federal and State Courts and Agencies in Colorado. Sean joined Kinnaird Cloyes & Kinnaird, P.C., in June 2001, becoming a partner in 2005. From approximately 2005-2014, Sean was chair of the El Paso County Bar Association Bankruptcy Subsection, during which time he taught semi-monthly CLE’s to other attorneys and served as a liaison between the Colorado Bankruptcy Court Judges and the El Paso County Bar.
Though a native Nebraskan, Sean considers Colorado home and enjoys mountain biking, wakeboarding, hiking and playing softball when not spending time with his wife and two kids.