Discharge/Dischargeability

This session presents a practical deep dive into nondischargeability litigation in consumer bankruptcy, focusing on § 523(a)(2), (a)(4) and (a)(6) nondischargeability actions and denial of discharge under § 727. The panelists pair that substantive discussion with practical guidance on deadlines, litigation strategy, and the impact of collateral estoppel.Learning Objectives:Attendees will distinguish the grounds for nondischargeability under 11 U.S.C. § 523(a)(2), (a)(4), and (a)(6), as well as the grounds for denial of discharge under § 727.Attendees will identify key filing deadlines, procedural requirements, and strategic considerations in dischargeability and denial-of-discharge litigation.Attendees will evaluate how collateral estoppel may affect the proof, scope, and outcome of nondischargeability actions in consumer bankruptcy cases.

This freewheeling, unscripted session, led by ABI’s Editor at Large Bill Rochelle, features three bankruptcy judges (one retired) and an experienced bankruptcy practitioner-turned-law-professor sharing their views on a variety of recent decisions covering a broad spectrum of hot topics in commercial and consumer bankruptcy law. Part of their discussion highlights five (or more) recently decided Supreme Court decisions that every bankruptcy lawyer needs to know about, including issues and questions that some of those decisions left undecided.Learning Objectives:Attendees will identify and analyze recent developments, emerging trends, and significant decisions impacting bankruptcy law and practice.Attendees will evaluate the practical implications of current hot-button issues facing debtors, creditors, trustees, and other bankruptcy stakeholders.Attendees will apply insights from recent legal and industry developments to enhance strategic decision-making and client representation in bankruptcy matters.

This session will discuss and analyze key rulings and the strategic implications of recent bankruptcy case law from the Rocky Mountain region, with an emphasis on decisions from courts within the Tenth Circuit.Learning Objectives:Identify and understand significant recent bankruptcy decisions from within the Tenth Circuit.Evaluate how recent rulings affect general practice and case strategy.Apply key caselaw developments to everyday practice to reduce risk and strengthen advocacy in bankruptcy proceedings.

This panel will provide a general overview of dischargeability litigation under § 523 of the Bankruptcy Code, then delve into advanced litigation strategies derived from the panelists’ personal experiences in representing and adjudicating such matters. Understanding the far-reaching implications of the Supreme Court’s Bartenwerfer decision — allowing nondischargeable conduct to be imputed to debtors under applicable state law — will be the focal point of this panel’s discussion, which will highlight of a number of recent decisions applying Bartenwerfer to various dischargeability claims.

This session will cover recent Supreme Court and Sixth, Seventh and Eighth Circuit cases that you need to know about.

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and six judges address recent Second Circuit cases, and predict how the circuit will rule on tough questions on the way up. An attendee favorite!

This panel explains the Department of Education/Department of Justice Guidance and Attestation process, and discusses the Brunner test and the types of evidence that might be useful to support the statements in an Attestation.

Join Bill Rochelle as he provides us with the highlights we need to know about emerging cases from the Supreme Court, Tenth Circuit and more!