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. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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