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.
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Why Lorman?
Over 35 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
Discharges in Bankruptcy
- Chapter 7 Discharge- 11 U.S.C. §727
- Chapter 13 Discharge- 11 U.S.C. §1328
- CARES Act
- Chapter 11 Discharge
- Hardship Discharge
Objections to Discharge
Exceptions to Discharge- 11 U.S.C. §523
- Procedural Requirements
- Typical Exception to Discharge
- 523(a)(2)(a) False Pretenses, False Representations or Actual Fraud
- 523(a)(2)(b) Use of Statement in Writing
- 523(a)(4) Fraud/Embezzlement/Larceny
- 523(a)(6) Willful or Malicious Injury by the Debtor
- 523(a)(8) Student Loans
- 523(a)(15) Spousal or Child Support
- Burdens of Proof
Post-Discharge
- Liens
- Collections
- Non-Dischargeable
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Why Lorman?
Over 35 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 July 19, 2021.
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 1.6
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.6 hours credit.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- 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, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ND CLE 1.75
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.75 hours of CLE credit.
- NH MCLE 1.6
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 98 Minutes.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 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 self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- 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.
MP3 Download
- Arizona CLE 1.5
- CA MCLE 1.5
- HI CLE 1.5
- NJ CLE 1.8
- VT CLE 1.5
- WV MCLE 1.8
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 35 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
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 U.S. Supreme Court.
- Received American Legal and Financial Network (ALFN)’s 2017 JPEG: Picture the Future Award
- Immediate past chair of 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, member of American Legal Financial Network (ALFN), Bankruptcy and Women in Legal Leadership committees, member of Legal League 100, member of Turnaround Management Association, and finance chair of Judith K. Fitzgerald Bankruptcy Inns of Court
- Can be contacted at [email protected] or 412-456-8112
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]
Nicole Mariani Noel
Kass Shuler, P.A.
- Shareholder/Partner at Kass Shuler, PA.
- Heads the Bankruptcy Practice group for Kass Shuler, PA and handles cases throughout the State of Florida, including the Northern, Middle and Southern Districts, practicing in the fields of bankruptcy, creditors’ rights and insolvency, real estate, and consumer and business litigation
- Memberships includes the American Bankruptcy Institute, Tampa Bay Bankruptcy Bar Association (TBBBA), The Florida Bar, and the American Legal and Financial Network
- Co-chairs the Bankruptcy Practice Group for the American Legal and Financial Network (ALFN) and formerly co-chaired the Case Law Update Subcommittee for the Real Property Finance and Lending Committee of the RPPTL Section of the Florida Bar
- Board of Directors for the Tampa Bay Bankruptcy Bar Association, chaired the Pro Bono and Community Service Committee, and later served as the Editor for The Cramdown, the quarterly publication of the TBBBA
- Published work includes Was Brown a Rash Decision? (The Cramdown, Summer 2014); Incompatible Personalities: Investigating the Mutually Exclusive Nature of § 1322(b)(2), (5) (ABI Journal, November 2012) and Stripping Down Your Spouse: Tenancy by the Entirety Property Ownership under § 506 (ABI YLC Newsletter, September 2012); recently wrote a chapter on bankruptcy in Florida foreclosure law published by Fastcase
- Adjunct professor at St. Petersburg College and Hillsborough Community College teaching bankruptcy, business law, and civil litigation
- Selected for the 2016 NextGeneration program held by the Bankruptcy Judges during the National Conference of Bankruptcy Judges (NCBJ)
- Fellow for the Florida Bar Leadership Academy; named one of ALFN’s Junior Professionals and Executives Group (JPEG)’s stand-out young professional to watch in 2016
- Can be contacted at 813-229-0900 ext. 1343 or [email protected]
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Why Lorman?
Over 35 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.
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