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| From Event: Bankruptcy Litigation 101, held November 2011.
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Program Description
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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!
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Course Content
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- BANKRUPTCY LITIGATION PROCEDURE AND NUANCES
- CONTESTED MOTION PRACTICE
- ADVERSARY PROCEEDINGS – DISCOVERY, EVIDENCE, SETTLEMENTS
- DISCHARGEABILITY ACTIONS
- PREFERENCES
- FRAUDULENT TRANSFERS
- CLAIM LITIGATION
- APPELLATE PROCEDURE AND STRATEGIES
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Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please
contact us at 866-240-1890 or credit@nbi-sems.com.
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Agenda / Content Covered:
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- BANKRUPTCY LITIGATION PROCEDURE AND NUANCES
9:00 - 10:15, James A. Coutinho - Overview of Rules of Procedure
- Procedural Nuances of Bankruptcy Litigation (Differences From Civil Court)
- Electronic Case Filing (ECF)
- Jurisdiction
- Core and Non-Core Claims
- Venue
- Removal of Pending Actions
- CONTESTED MOTION PRACTICE
10:30 - 11:30, Holly N. Wolf - Relief From Stay
- Use of Cash Collateral
- To Employ Professionals
- Dismissal
- To Substitute Collateral
- ADVERSARY PROCEEDINGS - DISCOVERY, EVIDENCE, SETTLEMENTS
11:30 - 12:30, James A. Coutinho - 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
1:30 - 2:00, Stephanie P. Union - Objections to Discharge Under 727
- Dischargeability Actions Under 523
- PREFERENCES
2:00 - 2:30, Holly N. Wolf - Defining "Preferential Transfer"
- Special Rules That Apply to Preference Actions
- Substantive Defenses
- FRAUDULENT TRANSFERS
2:30 - 3:05, Tyson A. Crist - Actual Intent
- Constructive
- Affirmative Defenses
- CLAIM LITIGATION
3:20 - 3:55, Holly N. Wolf - Objections to Proofs of Claim
- Objections to Confirmation
- APPELLATE PROCEDURE AND STRATEGIES
3:55 - 4:30, Daniel M. Anderson - Appeals From Final Orders
- Interlocutory Appeals
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DANIEL M. ANDERSON is a partner in the Columbus office of Schottenstein Zox & Dunn Co., LPA. Mr. Anderson's practice is focused on commercial litigation, corporate reorganization and bankruptcy litigation. He has represented financial institutions, secured and unsecured creditors, preference and fraudulent transfer defendants, and commercial landlords and tenants in all facets of litigation and bankruptcy proceedings. Mr. Anderson also has represented investors seeking to acquire assets out of Chapter 11 bankruptcy proceedings. He is a member of the Ohio State, Columbus and American bar associations. Mr. Anderson earned his A.B. degree from the University of Michigan and his J.D. degree from the University of California at Berkeley. JAMES A. COUTINHO is an attorney in the Columbus law firm of Strip, Hoppers, Leithart, McGrath & Terlecky Co., LPA. Mr. Coutinho's practice focuses on Chapter 7 filings and personal insolvency. He also assists with and represents clients in other bankruptcy and insolvency-related cases. He has experience defending against preference litigation, filing claims, fighting the dischargeability of debts, and helping creditors collect on unpaid funds. He also has experience in loan work-outs, working with bank loss mitigation departments to help clients achieve personal and commercial loan modifications, short sale approval, or forbearance agreements. Mr. Coutinho also assists with the administration of Chapter 7 cases and prosecuting of adversary proceedings from the Chapter 7 Trustee practice of Attorney Myron Terlecky. He is a member of the American, Ohio State and Columbus bar associations and is currently a member of the Columbus Bar Association (Bankruptcy Law Institute Planning Committee), the group charged with executing an annual two-day bankruptcy seminar for Columbus practitioners. Mr. Coutinho earned his B.A. degree from The Ohio State University and his J.D. degree from Capital University Law School. TYSON A. CRIST is a partner in the creditors' rights and corporate trust and business restructuring and reorganization practice areas at the law firm of Schottenstein Zox & Dunn Co., LPA. Mr. Crist represents creditors' committees, business creditors and debtors. He also handles defending and prosecuting preference actions and various debtor/creditor and real estate litigation matters. He is a member of the American, Ohio State and Columbus bar associations. Mr. Crist earned his B.A. degree from the College of Wooster and his J.D. degree from The Ohio State University. STEPHANIE P. UNION is a director in the Columbus law firm of Kegler, Brown, Hill & Ritter Co., LPA. Ms. Union spends most of her time representing clients in all aspects of creditors' rights and bankruptcy matters. She has experience in issues including foreclosures, collections, garnishments, executions, out-of-court workouts and relief from stay concerns. Her representative clientele comprises of secured creditors, unsecured creditors committees, Chapter 11 debtors, Chapter 7 trustees and small business debtors in all chapters of bankruptcy. She is also involved in litigations relating to breaches of representations and warranties stemming from the sale of commercial mortgage-backed securities. Ms. Union is a member of the International Women's Insolvency & Restructuring Confederation and the Columbus Bar Association (Bankruptcy Committee member). She earned her B.A. degree from Miami University and her J.D. degree from the University of Cincinnati College of Law.
HOLLY N. WOLF works in the Columbus office of Manley Deas Kochalski, LLC, where she serves as managing attorney of the firm's bankruptcy and collection departments. Her practice consists of representing creditors in Chapter 7, 11, 12 and 13 bankruptcy proceedings with an emphasis on defending creditors in bankruptcy litigation matters. She also represents creditors in collection actions and assists with the firm's special counsel to the state of Ohio designation. Ms. Wolf has 14 years of experience as a creditor's rights attorney practicing in the areas of bankruptcy, foreclosure, commercial and consumer collections, commercial litigation and real estate and is licensed to practice in Ohio, Kentucky and the federal courts of Indiana.
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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
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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