Discharge/Dischargeability

NO CLE - Supreme Court Preview

A Preview of upcoming Supreme Court bankruptcy cases, featuring ABI Resident Scholar Kara Bruce talking with Eric Brunstad of Dechert LLP (Hartford, Conn.) to preview the bankruptcy cases that the Supreme Court will consider during its 2013 term. Brunstad, who has argued many cases before the Court and is an expert in bankruptcy appellate practice, discusses in depth Law v. Siegel, which questions whether the court may use its general equitable authority under §105 of the Bankruptcy Code to surcharge a debtor's exempt assets, and Executive Benefits Insurance Agency v.

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NO CLE - Pigs Get Fat, Hogs Get Slaughtered: Pre-bankruptcy Planning and Dischargeability

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NO CLE - Current Developments

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NO CLE - Pomp and Circumstances, Part II: Evidence in Student Loan Dischargeability Claims

The information you glean from Part I needs to be viewed with the practical approach found in Part II. If you are challenging dischargeability, how do you prove it? All debtors are in a hardship, but what is an undue hardship, and again, what evidence should you have at the ready to prove the debtor’s case. Using a short vignette, this panel will address the evidentiary and practical quandaries that must be overcome in order to plead and prove a case for dischargeability of loans under Section 523(a)(8).

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NO CLE - Pomp and Circumstances, Part I: Education Loans

Debtors frequently emerge from bankruptcy still burdened by a burgeoning student loan debt. A private “loan for an educational benefit” can limit the fresh start many debtors need is increasingly being used to test the nondischargeability of might have once been general unsecured claims. This panel will discuss the emerging issues and case law surrounding nondischargeability, as well as strategies for maximizing the benefits of the bankruptcy system for struggling debtors.

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NO CLE - You Got an Education, Now Pay the Bill: The Dischargeability of Student Loans

Practical pointers on how to deal with student loans in the context of a chapter 7 or 13 bankruptcy.

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NO CLE - Case law Update: The Northern District's New Judges Talk about Split Consumer Issues

Case law Update: The Northern District's New Judges Talk about Split Consumer Issues

The Northern District's New Judges Talk about Split Consumer Issues

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NO CLE - The Intersection of Bankruptcy and Family Law and Managing an Asset Chapter 7 Case

This panel will discuss domestic support obligation (DSO) and alimony/property settlement dischargability issues. When does the automatic stay apply and not apply? Should a bankruptcy be considered before, during or after the divorce? What about exemptions? In addition, the panel will discuss the threshold amount that a trustee is likely to pursue, as well as locating real estate assets and checklists for managing a real estate asset. The panel will also examine procrastination as the greatest enemy of a chapter 7 trustee, and pushing an asset liquidation to closing as quickly as possible.

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