Prosecuting and Defending § 523 Adversary Proceedings

Prosecuting and Defending § 523 Adversary Proceedings

This session discusses both prosecuting and defending § 523 exceptions to discharge adversary proceedings. Rather than cover the substantive law governing what is dischargeable, this session concentrates on strategies for prosecuting and defending these adversary proceedings, including what must be pled to state a claim for relief, strategies for filing motions to dismiss and motions for summary judgment, understanding when collateral estoppel or res judicata from prior litigation has an effect, strategies regarding settlement and mediation, advising clients on options for settlement vs. litigation, and discovery issues and trial strategies.

Hon. Steven W. Rhodes Consumer Bankruptcy Conference 2018
2018
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