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By Jason R. Burke, Blackwell, Burke, Fowler & Rossow, P.C
In this three hour CLE, you will start with practice tips from Curt Hochbein and Tom Blackwell concerning the intersection of state court litigation and bankruptcy actions. They cover, among other things, the effects of the bankruptcy stay, the preclusive (or not preclusive) effect of state court judgments in bankruptcy proceedings, and what happens when a debtor fails to disclose an action in bankruptcy court then tries to pursue that action in state court. The tips are invaluable for dealing with some common and some not so common issues that arise when state court litigation and bankruptcy collide.
Next, Bankruptcy Judges Carr and McCord discuss, in detail, the effect of pre-petition judgments in bankruptcy. This discussion is loaded with good tips and advice to navigate the potential res judicata and collateral estoppel effects of pre-petition judgments, summary judgments, and default judgments on the bankruptcy court proceedings. The Judges’ lively discussion of these deep and important concepts is worth seeing. This portion of the CLE is definitely worthwhile to bone up on how best to preserve the value of your efforts in state court before your opponent slides into bankruptcy.
Finally, Commercial Court Judges Kleinman and Brown conduct a general discussion of the operation and roll of Commercial Courts in Indiana. Here, you will learn about the scope of the Commercial Court’s jurisdiction and the Court’s roll as a “facilitator” to try to get parties in commercial litigation to a timely resolution. This portion of the CLE gives an insider’s perspective on the utility of Commercial Courts in Indiana.
This is an excellent program for practitioners whose litigation work intersects with the Bankruptcy Court or Commercial Court. You can purchase the recorded CLE program by visiting indybar.org/multicourt.•
Jason R. Burke began his legal career as an Assistant State Attorney in Florida prosecuting criminal cases. Burke moved to Indiana in 1996 and began representing corporations in Chapter 11 Bankruptcy proceedings. In 2000, Burke began primarily representing creditors in state court proceedings and in bankruptcy cases. Born in West Point, NY, he attended the University of Georgia for his undergraduate degree (cum laude, Phi Beta Kappa) and Washington & Lee University for his law degree (cum laude). Burke has been recognized as a “Super Lawyer” by an annual survey of peers published by Indianapolis Monthly magazine, and has the highest professional rating (AV) by Martindale Hubbell.
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