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 32 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 32 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 course was last revised on October 19, 2018.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- HI CLE 1.25
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
- IL CLE 1.25
- This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.0
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
- MT CLE 1.5
- This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
- NV CLE 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- VT CLE 1.5
- This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
Audio & Reference Manual
- Arizona CLE 1.5
- CA MCLE 1.5
- GA CLE 1.5
- HI CLE 1.5
- IL CLE 1.5
- ME CLE 1.5
- MT CLE 1.5
- NJ CLE 1.8
- NM CLE 1.5
- NV CLE 1.5
- VT CLE 1.5
- WA CLE 1.5
- WV MCLE 1.8
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- Arizona CLE 1.5
- CA MCLE 1.5
- HI CLE 1.5
- IL CLE 1.5
- ME CLE 1.5
- MT CLE 1.5
- NJ CLE 1.8
- NM CLE 1.5
- NV CLE 1.5
- VT CLE 1.5
- WA CLE 1.5
- WV MCLE 1.8
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
Credit
More Program Information
Why Lorman?
Over 32 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
Credit
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Why Lorman?
Over 32 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.
All of your training, right here at Lorman.
Pay once and get a full year of unlimited training in any format, any time!
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