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Litigating Claims Under 11 U.S.C. §523(a)(2)(A) (MP3)

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$15.00
SKU:
SKU #17SFVBA-16
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In this March 3, 2017 program our speakers and program materials discuss the following:

  • §11 U.S.C. 523(a)(2)(A)
  • Bankruptcy court jurisdiction:
  • Deitz v. Ford (In re Deitz), 469 B.R. 11, 17,22 (B,A.P. 9th Cir. 2012)
  • §523 strategy
  • What kind of detail is the judge looking for in the §523 complaint?
  • Affirmative defense: late filed complaint
  • If the §523 complaint is timely, should a debtor bother to raise any other affirmative defenses?
  • Lawyer argument – not evidence
  • “Individual debtor”
  • Why is the burden of proof important?
  • If the burden of proof is preponderance of the evidence, what does it mean to “strictly interpret” §523 in favor of the debtor?
  • “Omission” as evidence of fraud
  • False statement as “fraud”
  • “Actual fraud” by fraudulent transfer
  • Imputed fraud (culpability required)
  • Failure to perform under contract as proof of intent to deceive
  • “Intent to deceive” by totality of circumstances
  • Factors on totality of circumstances
  • Judge, how does a creditor show “justifiable reliance”?
  • §11 U.S.C. 523(a)(2)(A) is not (a)(2)(B)
  • “Money, property, services” (indirect benefit)
  • “Services”
  • All damages are non-dischargeable
  • The special problem of collateral estoppel
  • Settlement as dischargeable novation?
  • What are we doing right in our §523 litigation (plaintiff, defendant)?
  • What are we doing wrong?
  • Tips for litigating §523 claims for relief
Program materials included. Speakers: Hon. Barry Russell, J. Scott Bovitz, Esq. Recorded March 3, 2017. MCLE credit: 1.25 hours

 

 

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Programs by MCLE Approved Providers:

San Fernando Valley Bar Association (#451)

Pasadena Bar Association (#531)

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