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. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  2. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

  3. Lots of potential "good boys" right in the heart of our nation .... "Nashville, TN has gained a reputation as a new “Ellis Island,” a magnet for immigrants from around the world. The number of foreign-born residents in the area has grown from 2 percent to almost 12 percent." Some 30 percent of students in Metro schools live in homes in which English is not the primary language. In 2012 Nashville had the fastest-growing immigrant population of any American city. It is the home of the nation’s largest Kurdish population, as well as sizable numbers from other countries such as Somalia, Sudan, Egypt, Eretria and Bhutan. Nashville has traditionally had a sizable and prominent African-American community, which accounts for nearly 16 percent of its population." http://www.tennessean.com/story/opinion/contributors/2015/05/17/nashville-welcoming-immigrants/27479183/ SMILE & CELEBRATE DIVERSITY!

  4. This story linked below about FBI shooting an unarmed Chechen suspect in his apartment six times in the chest and once in the back of the head, is unrelated. IT has NOTHING to do with Tsaernayev. And the agent was cleared of wrongdoing, even though the story says nothing of the other agents there with him at the time. Maybe the unarmed suspect was making a move for a butter knife on the table before they began punching him full of holes. Sad but of course, wholly unrelated....nothing to see here, keep moving http://www.npr.org/sections/thetwo-way/2014/03/21/292441681/reports-fbi-agent-who-killed-chechen-during-boston-bombing-probe-is-cleared

  5. Oh, bsides these troubled youts, maybe a few ex-contractors they had to relocate after Russia crushed the Western instigated insurgency, that's all. Nice boys. But when they go wrong, they need to be silenced. http://www.reuters.com/article/2009/09/24/us-russia-chechnya-cia-idUSTRE58N5S120090924

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