Learn to identify when a debt may be subject to a dischargeability challenge and how to prosecute or defend such a challenge.
Not all debts are dischargeable in bankruptcy. Many creditors and their attorneys do not understand how to determine whether claims against a debtor in bankruptcy are non-dischargeable or how to obtain a judgment that may survive a bankruptcy filing. This topic helps debt collectors and creditors learn to analyze whether further action is necessary or advisable after a debtor files bankruptcy. The material also explains how to seek pre-bankruptcy judgments that have a higher chance of remaining collectible after a bankruptcy filing. The topic explains common issues to look for that may indicate that a debt is non-dischargeable and when further action is warranted or inadvisable. Failing to be able to spot debts that may not be forgiven in bankruptcy may lead to unnecessarily uncollectable accounts. This information is important for creditors so they can ensure that they are not letting non-dischargeable debts go unrecognized and uncollected.
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Why Lorman?
Over 34 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
General Principles
- Why Bother?
- Spotting Common Grounds for Non-Dischargeability
- Bankruptcy Court or State Court?
- Deadlines and Procedures
Use of a Previous State Court Judgment to Obtain a Determination of Non-Dischargeability
- What to Look for
- State and Federal Doctrines of Issue and Claim Preclusion
- General Elements Necessary to Prove That the Previous Judgment Is Non-Dischargeable
Special Treatment for Certain Types of Debt
- Student Loans
- Domestic Support Obligations
- Taxes
Conclusion and Review of Key Points
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Why Lorman?
Over 34 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 Course
This course was last revised on October 19, 2018.
Call 1-866-352-9540 for further credit information.
No Credit AvailableThis program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 34 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
David J. Warner
Wadsworth Warner Conrady, P.C.
- Partner at the law firm of Wadsworth Warner Conrardy, P.C.
- Practice emphasizes complex bankruptcy issues and all aspects of commercial collections
- Litigated numerous cases on behalf of debtors, creditors and Chapter 7 bankruptcy trustees in state and federal courts. Such matters have included nondischargeability proceedings, fraudulent transfer and preference actions, and objections to claims and exemptions
- Previously presented continuing legal education classes and seminars on complex bankruptcy issues
- J.D. degree, from Baylor Law School, licensed to practice law in Colorado and Texas
- Member of the American Bar Association, Colorado Bar Association, Denver Bar Association, and American Bankruptcy Institute
- Can be contacted at [email protected] or (303) 296-1999
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Why Lorman?
Over 34 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.
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