Learn to identify when a debt may be subject to a dischargeability challenge and how to prosecute or defend such a challenge.
This topic will focus on the procedural and legal aspects of discharge and non-dischargeable matters in bankruptcy. The panel will discuss discharge under each chapter of bankruptcy and its requirements. The material will also review exceptions to discharge, especially those that a debtor and creditor will most likely encounter. While there are many exceptions to discharge under the bankruptcy code, some are more common than others. How is a debt determined non-dischargeable? What is the bankruptcy procedure for objecting to discharge? Who has the burden of proof in these actions? Ultimately, what happens after discharge is entered? These are the issues and topics that will be discussed by our panel in depth.
Agenda
Faculty
Keri P. Ebeck
Bernstein-Burkley, P.C.
- Partner-in-charge of the Bankruptcy Practice Group at Bernstein-Burkley, P.C.
- Practice focuses primarily on consumer and commercial bankruptcy for creditors
- Conducts regular seminars, live webinars, and workshops on bankruptcy on a national level
- Represents creditors nationally and is admitted to practice in Pennsylvania, New Jersey, Northern District of Ohio, all four districts of Texas, Southern and Northern Districts of Indiana, Third Circuit Court of Appeals, and the U.S. Supreme Court
- Treasurer of the Allegheny County Bar Association, past chair of the Bankruptcy and Commercial Law Section of the Allegheny County Bar Association, current vice-chair of the Finance Committee of Allegheny County Bar Association, current vice-chair of the Investment Committee of the Allegheny County Bar Association, Bankruptcy Group Chair of American Legal & Financial Network (ALFN), Bankruptcy and Women in Legal Leadership committees, member of Legal League 100, member of Turnaround Management Association, finance chair of Judith K. Fitzgerald Bankruptcy Inns of Court
- Can be contacted at [email protected] or 412-456-8112
Nicole Mariani Noel
Kass Shuler, P.A.
- Shareholder and Bankruptcy Partner at Kass Shuler, PA
- Heads the bankruptcy practice group and handles cases throughout Florida, including the Northern, Middle, and Southern districts, as well as District of Colorado, Eastern and Southern District of Texas, all three Districts in Tennessee, and Northern and Southern District of Illinois.
- Practices in the fields of bankruptcy, creditors’ rights and insolvency, real estate, consumer and business litigation
- Adjunct professor at Stetson University College of Law, St. Petersburg College, and Hillsborough Community College, teaching bankruptcy, real property finance, business law and civil litigation
- Authored a chapter on bankruptcy in Florida Foreclosure Law published by Fastcase
- Secretary for the Tampa Bay Bankruptcy Bar for the 2022–2023 Bar year
- Formerly chaired the Bankruptcy Practice Group for the American Legal and Financial Network (ALFN) and the Case Law Update Subcommittee for the Real Property Finance and Lending Committee of the Real Property Probate and Trust Law Section of the Florida Bar
- Participated in the 2016 Next Generation program held by the Bankruptcy Judges during the National Conference of Bankruptcy Judges (NCBJ)
- Named one of ALFN’s Junior Professionals and Executives Group (JPEG)’s stand-out young professional to watch in 2016
- Can be contacted at [email protected] or 813-229-0900, ext. 1343
Holly S. Falkowitz, Esq.
Kapitus
- Vice President and Deputy General Counsel of Strategic Funding Source, Inc. d/b/a Kapitus and Kapitus Servicing, Inc., a financial technology company that provides capital to small and medium sized businesses in all 50 states
- Kapitus participates as both a direct financier and a marketplace built with a trusted network of financing partners
- As Vice President and Deputy General Counsel, responsible for managing a large legal portfolio including bankruptcy and creditor’s rights, secured transactions, complex litigation, mediation, arbitration, judgment enforcement and asset recovery matters
- On the corporate side, responsible for drafting contracts and merchant agreements as well as negotiating and executing financing for Kapitus
- Practice also is focused on developing and expanding upon an outside counsel network to aid in a national caseload along with assisting with the management of Kapitus’s Legal Department
- Responsible for maintaining collection levels on bankruptcy, complex litigation, judgment enforcement and asset recovery cases as well as controlling outside legal spend within volume-based budget projections
- Prior Partner of Sonnenschein Nath & Rosenthal LLP (k/n/a Dentons) as a member of Bankruptcy and Restructuring Practice
- Practice focused on, and extensive experience in, bankruptcy litigation, commercial litigation, and alternative dispute resolution, areas of substantive concentration included avoidance actions, commercial disputes, and torts
- In addition to diverse representation of corporations, individuals, and other entities in complex commercial litigation, represented debtors, official committees, secured and unsecured creditors and other parties in interest in sophisticated and contested bankruptcies
- Served as partner in charge of associate development and retention for the practice group, New York office representative of Women’s Business Development Committee
- Member of the Advisory Council of the National Association of Minority and Women Owned Law Firms (NAMWOLF)
- Licensed to practice in the State of New York
- Graduate, Benjamin N. Cardozo, School of Law and Hofstra University
- Can be contacted at 646-475-5972 or [email protected]
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