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11 U.S.C. §523: Meeting the Bankruptcy Judge’s Expectations in Non-Dischargeability Litigation (Flash Drive)


Self-study hours are logged by the listener and the one page list is kept in an MCLE compliance folder. The log requires a listing of each program title, the program's approved MCLE provider name, program length, and whether or not that program contains mandatory subfield credit (legal ethics, elimination of bias, or prevention of substance abuse.)

Participatory hours require a proctor (any adult who is not simultaneously using the same program for participatory credit) to complete and sign documents accompanying each participatory program. Those completed and signed documents are subsequently returned to Versatape and individual certificates of compliance are prepared and returned to the listener to be filed in a MCLE compliance folder. Versatape will also keep a copy of the certificates of compliance on file. If audited the State Bar will be looking for a copy of those completed certificates of compliance and a copy of the self -study hours log.

Note: Please note MCLE audio program hours listened to in excess of 25 hours in a 3-year compliance period cannot be carried over into the next 3-year cycle.

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Assemble your own 12 hour, 13 hour. or 25 hour package. Simply copy and paste the SKU number of each program you would like included into the Specific Programs Desired section and we will build your custom package for you. Remember to include the required subfield hours (if you need them): 4 hours of legal ethics, 1 hour of the elimination of bias and 1 hour of the prevention of substance abuse programs to your list (we can select them for you if you desire).

How They Work

MCLE Credit: 1.25 hours plus legal specialization credit.

This seminar, recorded January 31, 2020 discusses

  • Federal Rule of Civil Procedure 26(a)(1)(A) initial disclosures in adversary proceedings.
  • Federal Rule of Civil Procedure 26(a)(2)(A), (B), (D) expert witness disclosures, discovery hold
  • Common problems (and solutions) in the early meeting process
  • A word or two about discovery disputes – the judicial perspective
  • Pre-trial stipulation and order
  • Evidence and elements of a claim for relief. How do they fit?
  • Elements of claim for relief – cite to case
  • 11 U.S.C. §523(a)(2)(A) -Actual fraud
  • 11 U.S.C. §523(a)(2)(B) – false statement regarding financial condition
  • 11 U.S.C. §523(a)(4) – fraud or defalcation while acting in fiduciary capacity
  • 11 U.S.C. §523(a)(6) – willful and malicious injury
  • What is the role of a declaration?
  • When does the judge read a declaration?
  • Testimony by declaration – due process?
  • Avoiding common errors with declarations
  • Selecting the best declarant
  • Most effective declaration formats:
  • Chronological?
  • By topic?
  • Stream of consciousness?
  • 28 U.S.C. §1746 (jurat)
  • Fixing errors in declarations
  • Evidentiary objections: when to play them…when to hold them
  • Format of evidentiary objections
  • Motions in limine
  • Costs 

Program materials included. Speakers: Judge Barry Russell, J. Scott Bovitz, Esq. Recorded January 31, 2020. MCLE Credit: 1.25 hours

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