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Tactics & Strategies in Modern Bankruptcy Litigation
This webinar will discuss: Consent after Wellness, retention of jurisdiction, stays pending appeal, transfer of venue, structured dismissal, jury demands, court-appointed experts, and withdrawal of the reference. These perplexing concepts are all tools in your strategic tool belt. This fast-paced webinar will consider these tools and others from the perspective of when and whether to raise them. What are the risks and benefits of raising them? You will hear highly experienced practitioners and a seasoned bankruptcy judge discuss and debate these points. Remember: one lawyer's strategy is another lawyer's tactic. Attend this program before you file that motion!
Sanctions and Contempt: Sources and Limits of Bankruptcy Court Authority to Remedy Misconduct
Two sitting judges and a professor of bankruptcy law will offer an overview on the sources of authority for the issuance of sanctions and holding persons or entities in contempt, the nature of the remedies available, applicable standards and the appropriate procedures. The discussion will cover sanctions available under various provisions of the Bankruptcy Code and the Bankruptcy Rules, including Rule 9011, failure to make discovery and bankruptcy court authority to discipline counsel. Also discussed will be the court's sources of power of contempt, limitations on that power, and procedures the court should consider before exercising such power.
Current Issues in Bankruptcy Litigation
This program will include discussion of a series of issues that arise in adversary proceedings. They will include Merchant Cash Advance Chapter 5 litigation; trustees attempted 10 year IRS statute of limitations use in section 544 actions; license issues on contested sales (Lubrizol); jurisdiction in international cases). This program is designed for lawyers with beginner level experience in adversary proceedings.
Marijuana and Bankruptcy
With the legalization of marijuana in many states, there are now large numbers of individuals and businesses that derive their income from growing and selling marijuana and from other business activities related to marijuana. This session addresses the issues that emerge when individuals and businesses in this industry encounter financial problems. What are the sources of governing law (state/federal)? Is bankruptcy an option? How are marijuana-related income and assets treated? What are a bankruptcy trustee’s rights and responsibilities in dealing with a marijuana-related business? What ethical issues arise for attorneys representing individuals and entities in this industry? How does the U.S. Trustee’s Office address these issues in light of the conflict between federal law and some states’ laws? What is the direction of the developing body of bankruptcy case law regarding this industry?
1 hour
5 minutes
28 seconds
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