Skillfully Represent Your Client in Bankruptcy Court
Whether you want to expand your practice into bankruptcy litigation or are a civil trial lawyer trying to protect your client's interests when pending suits are thrown into the bankruptcy arena, this fundamental course is exactly what you need to get your legal bearings in bankruptcy court. Experienced litigators will lead you through the unique procedures and rule nuances of the court - showing you how to bring and defend against the most common actions litigated in this setting. Avoid rookie mistakes and potential pitfalls for the unwary - register today!
- Learn how to spot potential adversary issues, draft complaints and resolve/defend them.
- Master motion practice in bankruptcy court - the key to successfully litigating contested matters.
- Know how to handle objections to proofs of claim to protect creditors' interests.
- Learn the procedural steps involved in pursuing motions for relief from automatic stay so other actions can proceed.
- Object to the dischargeability of a debt to maximize creditor recovery under bankruptcy.
- Confidently handle preference and fraudulent transfer actions.
- Get tips from veteran practitioners on what bankruptcy judges expect and how to avoid common mistakes when you bring or defend an adversary proceeding.
- Understand how the Federal Rules of Civil Procedure have been altered in the Bankruptcy Rules and by local court rules.
- Find out how to use bankruptcy's unique discovery rules to your advantage.
- Recognize the expansive scope (and limitations) of the 2004 examination as a discovery tool.
- Examine appellate procedure and rules so you're prepared to take your case to the next level.
- BANKRUPTCY LITIGATION PROCEDURE AND NUANCES
9:00 - 10:00, David C. Smith
- Overview of Rules of Procedure
- Procedural Nuances of Bankruptcy Litigation (Differences From Civil Court)
- Electronic Case Filing (ECF)
- Core and Non-Core Claims
- Removal of Pending Actions
- CONTESTED MOTION PRACTICE
10:00 - 10:30 and 10:45 - 11:15, Philip L. Bednar
- Relief From Stay
- Use of Cash Collateral
- To Employ Professionals
- To Substitute Collateral
- ADVERSARY PROCEEDINGS - DISCOVERY, EVIDENCE, SETTLEMENTS
11:15 - 12:15, Philip L. Bednar
- Differences Between Adversary Actions and Contested Matters
- Rule 2004 Exams and Other Discovery Issues
- Preparing for Litigation
- Drafting Pleadings: Tips and Common Mistakes
- Evidence Admissibility
- Settlements for Various Types of Adversary Cases
- DISCHARGEABILITY ACTIONS
1:15 - 2:00, Danial D. Pharris
- Objections to Discharge Under 727
- Dischargeability Actions Under 523
2:00 - 2:30, Danial D. Pharris
- Defining "Preferential Transfer"
- Special Rules That Apply to Preference Actions
- Substantive Defenses
- FRAUDULENT TRANSFERS
2:45 - 3:15, Danial D. Pharris
- Actual Intent
- Affirmative Defenses
- CLAIM LITIGATION
3:15 - 3:45, Philip L. Bednar
- Objections to Proofs of Claim
- Objections to Confirmation
- APPELLATE PROCEDURE AND STRATEGIES
3:45 - 4:30, Christine M. Tobin-Presser
- Appeals From Final Orders
- Interlocutory Appeals
This basic level course is designed for:
- Attorneys who would like to expand their practice into bankruptcy litigation
- Civil litigators
- In-house counsel who deal with bankruptcy issues