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 training 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 – order today!

1. Bankruptcy Litigation Procedure and Nuances
2. Contested Motion Practice
3. Adversary Proceedings - Discovery, Evidence, Settlements
4. Appellate Procedure and Strategies
5. Dischargeability Actions
6. Preferences
7. Fraudulent Transfers
8. Claim Litigation

1. BANKRUPTCY LITIGATION PROCEDURE AND NUANCES
   9:00 - 10:15, Alan D. McInnes
   1. Overview of Rules of Procedure
   2. Procedural Nuances of Bankruptcy Litigation (Differences From Civil Court)
   3. Electronic Case Filing (ECF)
   4. Jurisdiction
   5. Core and Non-Core Claims
   6. Venue
   7. Removal of Pending Actions
2. CONTESTED MOTION PRACTICE
   10:30 - 11:00, Alan D. McInnes
   1. Relief From Stay
   2. Use of Cash Collateral
   3. To Employ Professionals
   4. Dismissal
   5. To Substitute Collateral
3. ADVERSARY PROCEEDINGS - DISCOVERY, EVIDENCE, SETTLEMENTS
   11:00 - 11:45, Alan D. McInnes
   1. Differences Between Adversary Actions and Contested Matters
   2. Rule 2004 Exams and Other Discovery Issues
   3. Preparing for Litigation
   4. Drafting Pleadings: Tips and Common Mistakes
   5. Evidence Admissibility
   6. Settlements for Various Types of Adversary Cases
4. APPELLATE PROCEDURE AND STRATEGIES
   11:45 - 12:00, Alan D. McInnes
   1. Appeals From Final Orders
   2. Interlocutory Appeals
5. DISCHARGEABILITY ACTIONS
   1:00 - 2:00, J. Marshall Shelton
   1. Objections to Discharge Under 727
   2. Dischargeability Actions Under 523
6. PREFERENCES
   2:00 - 2:45, J. Marshall Shelton
   1. Defining "Preferential Transfer"
   2. Special Rules That Apply to Preference Actions
   3. Substantive Defenses
7. FRAUDULENT TRANSFERS
   3:00 - 4:00, J. Marshall Shelton
   1. Actual Intent
   2. Constructive
   3. Affirmative Defenses
8. CLAIM LITIGATION
   4:00 - 4:30, J. Marshall Shelton
   1. Objections to Proofs of Claim
   2. Objections to Confirmation

ALAN D. McINNES is a partner with Kilpatrick Townsend & Stockton LLP, where he practices in the areas of litigation, construction and bankruptcy. He earned his B.A. degree, cum laude, from Duke University and his J.D. degree, with honors, from the University of North Carolina at Chapel Hill School of Law. Mr. McInnes is a member of the American, North Carolina and Wake County bar associations.

J. MARSHALL SHELTON is an attorney in North Carolina, where his practice consists of representing debtors in consumer and business bankruptcy cases, representing chapter 7 trustees and other parties in bankruptcy litigation, and representation of parties in out of court workouts. He is admitted to practice before the Eastern, Western, and Middle districts of North Carolina, as well as the 4th Circuit Court of Appeals. Mr. Shelton is a member of the American, North Carolina (Young Lawyers Division and Business and Bankruptcy sections) and Greensboro bar associations and the North Carolina State Bar. Mr. Shelton currently serves on the Bankruptcy Section Council. He has previously spoken for the North Carolina Bar Association, the North Carolina Advocates for Justice, National Business Institute and NC LEAP on topics including avoidance action defense and prosecution, real estate transactions in bankruptcy cases, the interaction of domestic and bankruptcy law, and the treatment of LLCs and similar entities in bankruptcy cases. Mr. Shelton currently prepares the Middle District of North Carolina Case Update for the Bankruptcy Section newsletter the Disclosure Statement. He earned his B.S. degree from the University of North Carolina at Chapel Hill and his J.D. degree from the Ohio Northern University College of Law. Mr. Shelton also is a North Carolina board certified specialist in consumer bankruptcy law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com