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.
Learning Objectives
- You will be able to review discharges in Bankruptcy.
- You will be able to identify objections to discharge.
- You will be able to discuss exceptions to discharge.
- You will be able to describe post-discharge.
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
Post-Discharge
- Liens
- Collections
- Non-Dischargeable
Speakers
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 nmnoel@kasslaw.com
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 412-456-8112 or kebeck@bernsteinlaw.com
Who Should Attend
This live webinar is designed for presidents, vice presidents, loan officers, loan department personnel, branch managers, credit and collections managers, credit analysts, compliance professionals, and attorneys.
