5/3 - Back to the Basics in Bankruptcy Litigation: Little Things Can Make a Big Difference (Fort Wayne)

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Friday  May 3, 2013 

Pleadings
  A. Bankruptcy Rules 7008 (Fed. R. Civ. P. 8), 7009 (Fed. R. Civ. P. 9) and 7010 (Fed. R. Civ. P. 10)
  B. The Supreme Court’s Iqbal and Twombley Cases Apply in Bankruptcy
    - Avoidance Actions • Dischargeability Actions • Student Loan Cases • Stay and Discharge Violations • Affirmative Defenses
  C. Pleading Attorney’s Fees Claims Under Bankruptcy Rule 7008(b)
  D. Why Are the Pleadings Important to You and the Judge?
Motions Practice
  A. Effective Motions for Summary Judgment
    - Timing • Is this Case/Claim/Defense Realistically Susceptible to Summary Judgment? • Properly Supporttng the Motion for Summary Judgment
  B. Motions for Default Judgment
    - Service Issues • Refresher on Rule 7055 (Fed. R. Civ. P. 55) • Service‐members Civil Relief Act
Trial Practice
  A. Burden of Proof
  B. The Federal Rules of Evidence DO Apply in Bankruptcy: Bankruptcy Rule 9017 and Rule 43 of the Federal Rules of Civil Procedures
    - Authenticating Documents • Refreshing Recollection
  C. The Limits of Judicial Notice: Federal Rule of Evidence 201
  D. Trial Strategy
    - Opening Statement • Do I Need to Call this Witness?

Speakers:
  - Hon. Mary Ann Whipple, United States Bankruptcy Court, Northern District of Ohio

Date: Friday, May 3, 2013
Time:
Registration/Buffet Lunch: noon - 12:30 pm
Program: 12:30 - 1:30 pm

Credit hours: 1.0 CLE

Cost:
$40 Bankruptcy Section members
$45 ACBA members (non-section members)
$60 Non-ACBA members

Attendance Limited to 50. Reservations must be received by 4:00 p.m. Monday, April 29 2013. Reservations received after the deadline and walk‐ins will be accepted on a space available basis with an additional $5 charge; lunc h and materials may not be provided.

Location:
Allen County Bar Association, 924 South Calhoun St., Fort Wayne 46802

Provider:
Allen County Bar Association

Contact Information:
Allen County Bar Association
Phone (260) 423-2359
www.allencountybar.org

 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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