[CLBS] CLBS Annual Bankruptcy Seminar
Janine Reynard
reynardtrustee at gmail.com
Fri Feb 1 16:07:32 MST 2013
*Dear Commercial Law & Bankruptcy Section Members,*
*I am the Chair of this year’s Annual Bankruptcy Seminar being held at the
Shore Lodge in McCall, Idaho on Thursday February 28th through Saturday
March 2nd. By now you have all received a copy of the Brochure for the
Seminar from the Idaho State Bar. If you haven’t already signed up to
attend this event, I would encourage you to do so. It is an excellent
opportunity to get up-to-date on pressing issues in Bankruptcy Law while
earning 13.5 CLE credits (1 of which is for ethics), and enjoying social
time with friends, colleagues and members of the Bench in our bankruptcy
community.*
*The speakers this year are hard at work to make the seminar fun and
educational! Below are some details for various topics being covered this
year:*
*How to Successfully Navigate Claims Litigation:* This presentation covers
the rules, grounds and procedure for objecting to proofs of claim that are
filed in a bankruptcy cases.
*Iqbal/Twombly Rules of Pleading:* An indepth discussion on the
Iqbal/Twombly holdings related to pleading requirements under FRCP 8(a) and
surviving an FRCP 12(b)(6) motion to dismiss for failure to state a claim
upon which relief can be granted; how the Ninth Circuit interpreted those 2
holdings; and how the federal courts in Idaho & surrounding states have
applied those 2 holdings.
*Means Testing in Ch 7 Cases: Lessons from the Last Seven Years: *The U.S.
Trustee’s Office will share some information/statistics on how often the
presumption arises in Chapter 7 cases and what happens next – does the UST
file a motion or decline to do so? What are some of the reasons why the
UST declines to file a motion to dismiss? A discussion of case law that
has developed and some areas that are still unsettled and/or where there
are new developments. A review of the UST’s positions on some means test
issues and note some of the changes that have occurred in both the Form 22A
and the IRS standards since BAPCPA went into effect. They’ll point out
areas where they’re seeing good work and mention some other areas where
they are still seeing confusion, with some suggestions as to how to make
the process run more smoothly and predictably for both attorney and client.*
*
*Client Interviews:* This presentation uses a live-demonstration of a
hypothetical client interview to demonstrate the importance of good
interviewing skills and using your time to gather as much information as
possible.
*Ethics:* Ethical issues in bankruptcy will be discussed, with a focus on
competency, candor, and compensation issues.
*Paralegal/Legal Assistant Breakout Session: *The Clerk's Office will be
providing a presentation to assist legal support staff in answering the
most commonly asked questions about the Electronic Case Filing (ECF)
system. In addition, the Clerk's Office staff will be presenting best
practices in how to use the ECF system.* *Mary Beth Blair will discuss the
importance of writing to your audience and tips for ensuring all creditors
are listed on the Schedules, including lawsuit creditors.
*Please do not hesitate to contact me or any Board Member with questions. I
look forward to seeing everyone! *
*Regards, Janine*
*Janine P. Reynard
Board Member and CLE Chair
Commercial Law & Bankruptcy Section*
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