Section 523 Nondischargeability Litigation: Plaintiff and Defense Strategies

Claims for Relief, Motions to Dismiss, Motions for Summary Judgment, Collateral Estoppel, Res Judicata, Attorney's Fees

A live 90-minute CLE webinar with interactive Q&A


Monday, December 21, 2020

1:00pm-2:30pm EST, 10:00am-11:30am PST

(Alert: Event date has changed from 10/8/2020!)

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 there is collateral estoppel or res judicata from prior litigation, 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 from discharge numerous types of debts, including those that arise 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 nondischargeable.

If successful, only that specific debt would be nondischargeable while discharging all other debts on the debtor's petition and schedules. 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.

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Outline

  1. Overview of Section 523 and its deadlines
  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

Gensburg, Matthew
Matthew T. Gensburg

Senior Counsel
Gensburg Calandriello & Kanter

He is an experienced commercial litigator representing secured and unsecured lenders, landlords, creditors'...  |  Read More

Kochis, Anthony
Anthony J. Kochis

Member
Wolfson Bolton

Mr. Kochis' practice focuses on commercial litigation, bankruptcy and insolvency, business disputes, automotive...  |  Read More

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