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. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  2. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  3. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  4. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  5. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

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