Bankruptcy, Foreclosure & Collection Law

4.28

Bankruptcy Litigation Essentials: When Bad Turns to Worse

Credits Available
Credit Status Total
California MCLE Paralegal Approved 6 Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Florida Registered Paralegal Approved 7 Total
Montana CLE Credit for Paralegals Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Texas State Bar of Paralegal Division Approved 6 Total
OnDemand
5 hours 55 minutes
Peter Gannott
William Amann
Joshua Burnett
With Peter M. Gannott from Gannott Law Group, PLLC + 2 others
Recorded December 05, 2024
Product ID 99515

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Overview

Top Legal Disputes, Proof of Claim Issues, Drafting Tactics, and More

Has financial distress landing your clients in bankruptcy court? Has the routine filing turned contentious? This introductory course equips you with the fundamental knowledge and skills to navigate the complexities of bankruptcy litigation. Whether you represent debtors or creditors, this course will provide a solid foundation for your next case. Register today!

  • Explore common disputes arising in Chapter 7, 11, and 13 bankruptcies.
  • Utilize proper discovery techniques and motion practice in bankruptcy court.
  • Demystify the unique procedures and evidentiary standards in bankruptcy litigation.
  • Develop effective litigation strategies for representing debtors and creditors.
  • Discuss how legal ethics rules apply to the realities of bankruptcy litigation cases.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Tara Salinas.

Abbreviated Agenda

  1. Overview of Bankruptcy Litigation
  2. Commencing Adversary Proceedings
  3. Ethical Considerations in Bankruptcy Litigation
  4. Defending Against Adversary Proceedings
  5. Discovery in Bankruptcy Litigation
  6. Contested Matters in Bankruptcy Litigation
  7. Trial Practice in Bankruptcy Court

Related Topics

Product ID 99515

Credit Details

Credits Available
Credit Status Total
California MCLE Paralegal Approved 6 Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Florida Registered Paralegal Approved 7 Total
Montana CLE Credit for Paralegals Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Texas State Bar of Paralegal Division Approved 6 Total
Select Jurisdiction
CLE
Paralegal

Agenda

All times are shown in

  1. Overview of Bankruptcy Litigation

    1. Understanding Contested Matters and Adversary Proceedings
    2. Jurisdiction and Core vs. Non-Core Proceedings

  2. Commencing Adversary Proceedings

    1. Identifying Common Adversary Proceedings
    2. Drafting the Complaint: Key Elements, Required Allegations, and Common Pitfalls
    3. Service of Process: Proper Procedures Under Rule 7004 and Common Issues
    4. Practical Tips and Sample Checklists

  3. Ethical Considerations in Bankruptcy Litigation

    1. Duties of Candor and Good Faith in Pleadings and Court Appearances
    2. Identifying and Managing Conflicts of Interest in Bankruptcy Cases
    3. Avoiding Sanctions and Responding to Disciplinary Actions
    4. Best Practices for Ethical Compliance
    5. Sample Engagement Letter Addressing Conflicts

  4. Defending Against Adversary Proceedings

    1. Drafting the Answer and Affirmative Defenses: Key Components
    2. Filing Counterclaims and Crossclaims
    3. Early Dismissal Motions: Causes and Strategic Considerations
    4. Practical Tips and Sample Documents

  5. Discovery in Bankruptcy Litigation

    1. Tailoring Discovery Tools and Techniques to Bankruptcy Litigation
    2. Managing Electronic Discovery
    3. Discovery Disputes, Strategies, Motions
    4. Practical Tips, Checklists, and Deposition Strategies

  6. Contested Matters in Bankruptcy Litigation

    1. Common Contested Matters
      1. Motions to Dismiss, Motion for Relief From Stay, Cash Collateral, Motion to Employ, Motions for Sanctions (Violation of Discharge or Auto Stay)
      2. Drafting Effective Motions
    2. ​​​​​​​Opposing Motions, Crafting Persuasive Responses and Oral Argument Techniques
    3. Practical Tips, Sample Motions and Responses

  7. Trial Practice in Bankruptcy Court

    1. Pre-Trial Preparation: Pretrial Briefs, Witness Preparation, Exhibit Lists
    2. Conducting the Trial
      1. Direct and Cross-Examination Techniques
      2. Presenting Evidence and Making Objections
    3. Post-Trial Motions and Appeals
    4. Practical Tips, Sample Pre-Trial Brief, Trial Preparation Checklist

Who Should Attend

This program is designed for attorneys. Accountants, lenders, and paralegals may also benefit.

Speakers

Peter M Gannott
Peter M.
Gannott
Gannott Law Group, PLLC
William J Amann
William J.
Amann
Amann Burnett, PLLC
Joshua Burnett
Joshua
Burnett
Amann Burnett, PLLC
Speaker bio
Peter M Gannott

Peter M. Gannott

Gannott Law Group, PLLC
Peter Gannott

is the principal of the Louisville law firm of Gannott Law Group, PLLC. Since 1985, he has focused his practice in the areas of business and consumer bankruptcy, creditors' rights and commercial collections, complex commercial litigation, and real estate matters. Mr. Gannott works with clients on everything from the creation and dissolution of business entities, to representation of our business clients in business-to-business collections or large asset issues. He is a frequent lecturer on his areas of practice and has been an adjunct faculty member at the University of Louisville. Mr. Gannott is board-certified in business bankruptcy law by the American Board of Certification. He graduated, with honors, from the University of Illinois; and earned his J.D. degree from the Washington College of Law, American University.

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Speaker bio
William J Amann

William J. Amann

Amann Burnett, PLLC
William Amann

is a partner with Amann Burnett, PLLC, where he concentrates his practice in the areas of bankruptcy, creditors' rights, commercial litigation, and real estate and commercial litigation. Mr. Amann regularly represents national and regional creditors in bankruptcy courts and the state courts in Massachusetts and New Hampshire. He has recently been admitted to the Southern District Federal Court for New York, representing a Massachusetts business in a contract dispute. Prior to joining the firm, he served as legal counsel to a Chapter 7 bankruptcy trustee for the District of New Hampshire. In addition, Mr. Amann has considerable experience in the areas of commercial turnarounds, debt restructuring, equitable subordination, debt recharacterization, asset sales, title insurance, real estate conveyancing, land use, receiverships, premises liability, employment law, evictions and probate administration. He served on the Board of Directors for the city of Manchester's Public Library Literacy Fund for two years, starting in 2009. Mr. Amann is an editor for the American Bankruptcy Institute and an annual editor for the New Hampshire Bar Association's Supreme Court At-a-Glance article series. He regularly speaks before professional and trade groups on the topics of bankruptcy, creditors' rights and real estate. Prior to practicing law, Mr. Amann was employed by Fidelity Investments as a trade resolution specialist and by Ford Motor Credit Company as an account executive and branch legal liaison. He is a former police officer. Mr. Amann earned his B.A. degree from Saint Anselm College and his J.D. degree from Massachusetts School of Law.

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Speaker bio
Joshua Burnett

Joshua Burnett

Amann Burnett, PLLC
Joshua Burnett

is an attorney licensed in Massachusetts and is a partner with Amann Burnett, PLLC, which represents clients in Massachusetts and New Hampshire. He concentrates his practice in the areas of bankruptcy and commercial litigation. He has appeared pro hac vice in a variety of bankruptcy and non-bankruptcy matters in other jurisdictions, including New York, Rhode Island, New Hampshire, and Virginia. In addition to representing consumer and business clients in Chapter 7, Chapter 13, and Chapter 11 bankruptcy cases, he regularly assists both debtor and creditor clients in adversary proceedings and contested matters in the U.S. Bankruptcy Court, including non-dischargeability actions, preference and recovery actions, automatic stay, and claim-related matters. As a litigator, Mr. Burnett represents both plaintiff and defendant clients in state and federal court in variety of civil matters, including business and partnership disputes, contract disputes, real estate and mortgage disputes, Uniform Commercial Code, consumer protection, and foreclosure defense. In addition to his present areas of concentration, Mr. Burnett also has a background in mortgage foreclosure, landlord/tenant, probate law, and family law. Prior to creating Amann Burnett, PLLC with Attorney William Amann, Mr. Burnett worked for many years with a former Chapter 7 trustee in a boutique firm with a primary focus on consumer bankruptcy and was of counsel to several other bankruptcy and litigation offices in the Boston area. Mr. Burnett also teaches bankruptcy law at Massachusetts School of Law and regularly presents local and national programs and lectures on bankruptcy-related topics for several Continuing Legal Education providers. Mr. Burnett is a 1997 graduate of the University of Massachusetts Lowell and a 2010 graduate of the Massachusetts School of Law. He is also an accomplished pianist who played music professionally for many years, and worked extensively in in the performance, technical, and business side of the music industry.

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