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Dischargeable and Non-Dischargeable Debts in Bankruptcies

Learn to identify when a debt may be subject to a dischargeability challenge and how to prosecute or defend such a challenge. Many professionals understand that bankruptcy is designed to discharge or reorganize debts, but don't fully appreciate the issues that can arise depending on the nature or, or manner in which, a debtor incurred debts. Similarly, many professionals understand the process to preserve their rights to receive a distribution from a bankrupt debtor, but are unaware of how to maximize recoveries by challenging the dischargeability of their debts. This topic will help persons involved in bankruptcy proceedings to understanding the dischargeability (or non-dischargeability) of debts and how to either prosecute or defend an action to determine the dischargeability of debt. This information will highlight the common debts subject to a dischargeability challenge, as well as the substantive and procedural issues arising in dischargeability litigation. The most common errors relating to dischargeability litigation include failing to understand and appreciate the types of debt that may be excepted form discharge, as well as failing to understand the procedure requirements necessary to prevail in litigation. This topic is critical for attorneys, businesses, and professionals of all types that regularly engage in borrowing or lending of any kind so they can identify when a debt may be subject to a dischargeability challenge and how to prosecute or defend such a challenge.


Runtime: 90 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Dischargeable Debts vs. Non-Dischargeable Debts

  • Discharge Provisions in General
  • Distinctions Between Chapter 7, 11, 12, and 13

Most Common Exceptions to Discharge

  • Taxes
  • Debts Obtained Through Fraud
  • Unscheduled Debts
  • Fraud or Defalcation in a Fiduciary Capacity
  • Domestic Support Obligations
  • Willful and Malicious Injury
  • Student Loans
  • Death or Personal Injury Caused While Under the Influence
  • Prior Denial or Waiver of Discharge
  • Federal Depository Debts
  • Restitution
  • Divorce or Separation Agreements
  • Debts Owed to Pensions or Other Qualified Retirement Plans

Procedure for Challenging Dischargeability of Debts

  • Timing and Procedural Requirements
  • When Complaint Is Required
  • Extension of Time
  • Common Pitfalls in Dischargeability Litigation
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Kirk B. Burkley

Kirk B. Burkley

Bernstein-Burkley, P.C.

  • Partner in the office of Bernstein-Burkley, P.C.
  • Practice emphasizes all aspects of bankruptcy and restructuring, and business law
  • Conducts regular seminars and workshops on numerous bankruptcy and restructuring, and business law; lectured for The National Association of Credit Management (NACM), American Bankruptcy Institute, and the Pennsylvania Bar Institute
  • Regular contributor to the 5 Minute Legal Master Series®, a video series where expert attorneys help people master important legal topics
  • Wrote several publications related to the areas of bankruptcy and restructuring
  • Member of the Allegheny County Bar Association; Turnaround Management Association, Pittsburgh Chapter secretary, 2017, and president, 2016; American Bankruptcy Institute; Pittsburgh Regional Alliance, an affiliate of the Allegheny Conference Steering Committee member; American Board of Certification board member; Pittsburgh Downtown Development Corporation board member; City of Pittsburgh Planning Commission secretary, 2009-2014; City of Pittsburgh Zoning Board of Adjustment member, 2009-2014
  • J. D. degree, University of Pittsburgh School of Law; B.S. degree, Ohio University; 2002 Pitt Law recipient of the Center for Forensic Economic Studies Award for Excellence in Litigation; attended the University of Haifa Summer Law Institute, Haifa, Israel
  • Can be contacted at 412-456-8100, [email protected], or Twitter® @KirkBurkley or @BBLawFirmPA
Daniel R. Schimizzi

Daniel R. Schimizzi

Bernstein-Burkley, P.C.

  • Associate in the office of Bernstein-Burkley, P.C.
  • Practice emphasizes all aspects of bankruptcy and restructuring, and commercial law and litigation
  • Conducts regular seminars and workshops on numerous issues arising in bankruptcy proceedings, including presenter, When Bankruptcy and Family Law Collide, Allegheny County Bankruptcy and Commercial Law Council 29th Annual Bankruptcy Symposium; Business Development Bankruptcy Filings in the Energy Sector, Allegheny County Bankruptcy and Commercial Law Council 27th Annual Bankruptcy Symposium
  • Wrote several publications related to the areas of bankruptcy and restructuring, including co-writing Chapter 5 Actions and the Contract Assumption Defense, Commercial Law World Magazine (publication pending); Chapter 5 Actions and the Contract Assumption Defense
  • Member of the American Bar Association; Pennsylvania Bar Association; Allegheny County Bar Association; Turnaround Management Association; board member, TMA NextGen; Allegheny County Bar Association Bankruptcy and Commercial Law Council
  • J.D. degree, cum laude, Duquesne University; B.A. degree in history and political science, cum laude, University of Pittsburgh
  • Can be contacted at 412-456-8100, [email protected] or Twitter® @BBLawFirmPA
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Product ID: 397863
Published 2017
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