Section 523 Exceptions to Discharge Adversary Proceedings: Prosecution and Defense Strategies
Claims for Relief, Motions to Dismiss, Motions for Summary Judgment, Collateral Estoppel, Res Judicata, Attorney's Fees
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss strategies and tactics for both prosecuting and defending Section 523 exceptions to discharge adversary proceedings. The panel will review best practices for pleading to state a claim for relief and outline strategies for filing Rule 12(b)(6) motions to dismiss under Ashcroft v. Iqbal and motions for summary judgment. The webinar will explain when collateral estoppel or res judicata from prior litigation has an effect, offer strategies regarding settlement and mediation, guide counsel on settlement vs. litigation options for clients, and analyze discovery issues and trial strategies. The panel will also discuss Sections 523(a)(2), (4) and (6), 1328(a)(4), and best practices for obtaining awards of attorney's fees under Section 523(d).
- Overview of Section 523
- Post-petition and pre-litigation tactics
- Pleadings and motions practice
- Discovery issues
- Trial strategies
- Mediation and settlement strategies
- Attorney's fees
- Practical considerations
The panel will review these and other vital questions:
- What are the most effective strategies and tactics for prosecuting and defending 523 exceptions to discharge adversary proceedings?
- What are best practices for pleading to state a claim for relief?
- What are successful strategies for filing Rule 12(b)(6) motions to dismiss under Ashcroft v. Iqbal?
- How effective are motions for summary judgment?
- When and how do collateral estoppel or res judicata from prior litigation impact an adversary proceeding?
- What are successful strategies regarding settlement and mediation?
- How should savvy counsel advise clients on options for settlement vs. litigation?
- What are the most critical discovery issues?
- What are best practices for obtaining awards of attorney's fees under Section 523(d)?
- What are the most common mistakes made by counsel when litigating Section 523 exceptions to discharge adversary proceedings?
- What are the latest judicial trends in deciding these types of adversary proceedings?
- How do judicial interpretations of BACPA continue to evolve?
Kimberly Ross Clayson
President and Shareholder
Clayson Schneider & Miller
Ms. Clayson has practiced bankruptcy law for more than 10 years. She has authored articles for American Bankruptcy... | Read More
Ms. Clayson has practiced bankruptcy law for more than 10 years. She has authored articles for American Bankruptcy Institute publications and has presented authored materials at various bankruptcy related seminars sponsored by the ABI and other bankruptcy law affinity groups. Ms. Clayson’s business clients include small businesses with a focus on real estate, construction, food service and consumer products.Close
Shane G. Ramsey
Partner and Vice Chair, Bankruptcy
Nelson Mullins Riley & Scarborough
Mr. Ramsey regularly represents committees of unsecured creditors, indenture trustees, secured creditors,... | Read More
Mr. Ramsey regularly represents committees of unsecured creditors, indenture trustees, secured creditors, unsecured creditors, bondholders, noteholders, liquidation trustees, plan administrators, disbursing agents, and other entities in bankruptcy reorganizations, liquidation proceedings, and bankruptcy related litigation. His business litigation experience includes contract disputes, business torts, breach of fiduciary duties, officer and director liabilities, and other general litigation matters.Close