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Defending a 523/727 Action

Level: Advanced
Runtime: 59 minutes
Recorded Date: November 12, 2021
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  • Introduction
  • Defending II USC Section 523 & 727 Claims
  • Creditor Considerations
  • Summary
  • A Primer on 11 USC Section 523 & 727 Litigation
Runtime: 1 hour
Recorded: November 12, 2021

For NY - Difficulty Level: For experienced attorneys only (non-transitional)


Bankruptcy discharges go to “honest but unfortunate debtors,” but creditors (because they want their money!) don’t always give up their quests to extract money, even after a bankruptcy case concludes. These useful case examples will guide practitioners through a survey of the most common quarrels over discharges and exceptions.

This program was recorded as part of ABI's 2021 Consumer Practice Extravaganza Virtual Conference on November 12th, 2021.

Provided By

American Bankruptcy Institute
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Randy Nussbaum

Sacks Tierney, P.A.

For almost 40 years, Randy Nussbaum has assisted individuals and businesses with complex bankruptcy protection (debtor and creditor), transaction, and litigation matters. He especially enjoys helping his clients achieve their business and financial objectives using innovative legal strategies.

Randy is a Certified Bankruptcy Specialist (Arizona Board of Legal Specialization) and a Certified Business Bankruptcy Specialist (American Board of Certification). His peers have honored him with multiple peer rankings for his professional, civic and charitable achievements. Randy has been named to Super Lawyers’ “Top 50 Arizona” list of attorneys multiple times and has been selected by The Best Lawyers in America? every year since 2010. Best Lawyers also selected Randy as its 2019 “Lawyer of the Year” (Scottsdale) in Bankruptcy and Creditor Debtor Rights.

Randy has represented secured and unsecured creditors, surety companies, creditor committees, lessors, professional athletes, doctors, lawyers, and trustees in Chapter 7, 11, and 13 proceedings, including adversary actions (bankruptcy litigation). The cases have involved such diverse matters as real estate, construction, manufacturing, trucking, asset-based lending, bankruptcy related to divorce, and high-value, complex individual bankruptcies.

Committed to community service, Randy is a 1990 graduate of Scottsdale Leadership. He has volunteered for that organization for more than 28 years, serves on its Advisory Board, and is a recipient of the prestigious Frank W. Hodges Alumni Achievement Award. Randy serves on the advisory boards for the Scottsdale Center for the Performing Arts, Scottsdale Historical Society, and Scottsdale Community College. He served as a Sterling Awards Jurist, Scottsdale Chamber of Commerce, and received the Chamber’s 2017 Volunteer of the Year Award. Recognized for his life-long commitment to community service, in 2018 Randy joined the distinguished roster of honorees inducted into the Scottsdale History Hall of Fame.

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Stephen E. Berken

Berken Cloyes, P.C.

Stephen E. Berken is a partner with Berken Cloyes, PC. His practice focuses on areas of consumer bankruptcy law. Mr. Berken earned his B.A. degree, cum laude, from the University of California in 1981, and his J.D. degree from Hastings College of the Law, University of California in 1984. Mr. Berken is a frequent lecturer before various professional groups. Mr. Berken handles cases involving Chapter 7 and 13, defense and prosecution of bankruptcy adversary matters.

He is the Colorado state chair for the National Association of Consumer Bankruptcy Attorneys. He is the founding member of the Colorado Consumer Bankruptcy Association. He is the creator of the Colorado Debtors' Counsel Listserv, an Internet-based source of information for debtors' counsel in the state of Colorado. The Listserv is provided as a free service to counsel of the Debtors' Bar. Mr. Berken is on the ABI Advisory Board for Colorado. Mr. Berken is a board-certified expert in consumer bankruptcy, American Bankruptcy Board of Certification. He is the state chair for C.A.R.E. (Credit Abuse Resistance Education). Mr. Berken was named Bankruptcy Attorney of the Year by 5280 Magazine for 2014, 2015, 2016 and 2017.

Stephen earned his B.A., Cum Laude in political science from the University of California in 1981 and his JD from the University of California-Hastings College of Law in 1984.

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