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.
BANKRUPTCY LITIGATION PROCEDURE AND NUANCES 9:00 - 9:40, Adam B. Nach
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 9:40 - 10:40, Aryeh D. Schwartz
Relief From Stay
Use of Cash Collateral
To Employee Professionals
To Substitute Collateral
ADVERSARY PROCEEDINGS – DISCOVERY, EVIDENCE, SETTLEMENTS
10:55 - 11:35, Adam B. Nach
Differences Between Adversary Actions and Contested Matters
Rule 2004 Exams and Other Discovery Issues
Preparing for Litigation
Drafting Pleadings: Tips and Common Mistakes
Settlements for Various Types of Adversary Cases
DISCHARGEABILITY ACTIONS 12:35 - 1:35, Ilene J. Lashinsky
Objections to Discharge Under 727
1:50 - 2:40, Lisa Perry Banen
Defining “Preferential Transfer”
Special Rules That Apply to Preference Actions
FRAUDULENT TRANSFERS 2:40 - 3:20, Lisa Perry Banen