Practice and Procedure

Please also see Part 1 at https://cle.abi.org/product/consumer-workshop-i-my-cousin-vinny-evidence-and-trial-skills

Consumer Workshop I: My Cousin Vinny: Evidence and Trial Skills in Consumer Bankruptcy Cases, Including Challenges in Consumer Representation: Part I For part II, visit https://cle.abi.org/product/my-cousin-vinny-evidence-and-trial-skills-c…

Are you interested in hearing a succinct primer on bankruptcy law and some of the basic structures of this discipline? If so, this panel of bankruptcy professionals will deliver what you need and will whet your appetite to become a full-fledged bankruptcy practitioner. Overview - Bankruptcy in pictures: Types of Debt, Bankruptcy Terminology, Relief from Stay, Trustees, Discharge of Debts. 101: The Parties, The Code Organization, Goals, The Estate, Automatic Stay, Discharge. How A Case is Administered: Commencement, Protecting Your Judgment form discharge, 2004 Examination, Litigating in Bankruptcy Court: Matters at issue, Procedural Considerations, Authorities, and Adversary Proceedings. Hon. Jeffery P. Hopkins Chief United States Bankruptcy Judge, Southern District of OH, Cincinnati David Mawhinney Associate, K & L Gates, Boston Prof. Laura Napoli Coordes Associate Professor, AZ State University School of Law, Phoenix, AZ

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!

Social media platforms are everywhere. It has grown into an essential marketing tool for lawyers, who unlike many other working professionals, are bound by strict ethical codes of conduct when it comes to marketing and communicating with non-lawyers. This panel will focus on how attorneys can successfully navigate the minefields of social networking to grow their business while still adhering to the new California Rules of Professional Conduct.

Chapter 13 trustees are unique. Unlike chapter 7 trustees, they do not take possession of a debtor’s assets. Yet the Bankruptcy Code imposes some responsibilities on them with respect to property of the estate. It also imposes responsibilities on them to assist a debtor. This session will focus on understanding the hybrid nature of the trustee’s role in chapter 13 cases, and how it impacts issues and strategies for debtors and creditors in chapter 13. Can a chapter 13 trustee sell property under § 363? Can a chapter 13 trustee recover preferences under § 547 or fraudulent conveyances under § 548? What are the trustee’s duties regarding the continuing prosecution of litigation brought by a debtor pre-bankruptcy to recover from a third party? What are the chapter 13 trustee’s duties regarding filing proofs of claim on behalf of creditors? What must a chapter 13 trustee do to assist a debtor?

The panel will discuss the different types of cyber fraud threats facing bankruptcy and non-bankruptcy fiduciaries and the need for advance preparation, including consideration of types of insurance available. The panel will provide general insight on fiduciaries preparation for, dealing with, and recovering from, cyber threats, and the impact of insurance coverage on these steps. This webinar is hosted by the Commercial Fraud Committee.

As fast-emerging technologies change the way we conceive of how we will practice law in the very near future, ethics rules will need to address this revolution. The panelists will discuss how to keep ahead of these developments and adapt our practices to best understand and address our developing ethical obligations.

Join the growing conversation about the intersection of race and socioeconomic barriers in bankruptcy. What are the facts? What can be done about reducing bias? What is our professional responsibility as bankruptcy professionals to overcome these barriers?