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


Conducted on Tuesday, October 1, 2019

Recorded event now available

or call 1-800-926-7926
Program Materials

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).

Description

The Bankruptcy Code excludes relief from debt that results from the debtor's improper conduct or if public policy mandates the continued liability of the debtor for such claims. Under 523, any creditor may commence an adversary proceeding by filing a complaint to have its debt declared non-dischargeable.

If successful, only that specific debt would be non-dischargeable while all other debts on the debtor's petition and schedules would be discharged. Rule 4007 governs the procedures in objecting to discharge, and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) revised the provisions governing the dischargeability of certain obligations.

Savvy counsel will prepare a strategic approach in litigating bankruptcy adversary proceedings, leveraging each stage of the adversary proceeding to advocate for a client's interests. Even without going to trial, the procedural steps involved in such litigation can provide significant strategic opportunities to resolve disputes--or develop the defense or prosecution--before a trial is set to begin.

Listen as our authoritative panel of bankruptcy litigators discusses strategies and tactics for both prosecuting and defending 523 exceptions to discharge adversary proceedings, including best practices for pleading to state a claim for relief, and procedures for filing motions to dismiss and motions for summary judgment. The panel will provide practical insights into understanding when collateral estoppel or res judicata from prior litigation applies, strategies regarding settlement and mediation, advising clients on options for settlement vs. litigation, and discovery issues and trial strategies.

READ MORE

Outline

  1. Overview of Section 523
  2. Post-petition and pre-litigation tactics
  3. Pleadings and motions practice
  4. Discovery issues
  5. Trial strategies
  6. Mediation and settlement strategies
  7. Attorney's fees
  8. Practical considerations

Benefits

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?

Faculty

Clayson, Kimberly
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

Ramsey, Shane
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

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$297

Download

$297