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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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