Loading... Please wait...

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

What's the Difference?

There are three options for building MCLE Audio Packages:

Turnkey Solution
Just click and add the select audio package to your cart and we will assemble it for you based on best selling and recent programs.

Choose Your Interested Areas of Law
Choose your categories of interest and we will select available programs from the areas you choose. Additionally, you can add specific programs SKU's numbers which will be included in your package in addition to your preferred categories.

Assemble Your Own
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

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



This product hasn't received any reviews yet. Be the first to review this product!

Write your own product review