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Interaction Between State and Bankruptcy Courts


Level: Advanced
Runtime: 54 minutes
Recorded Date: August 23, 2017
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Agenda


  • Res Judicata & Collateral Estoppel or Claim Preclusion & Issue Preclusion
  • Removal and Remand of Claims Related to Bankruptcy Cases
  • Interaction between State and Bankruptcy Courts
  • Rooker-Feldman Doctrine
  • Effects of a Bankruptcy Petition on State Court Appointed Receivers and/or Custodians
Runtime: 54 minutes
Recorded: August 23, 2017

Description

This session will feature a discussion regarding the various bear traps and pitfalls of dealing with nonbankruptcy-related claims in the bankruptcy context. Issues will include how to avoid the bankruptcy court from dismissing your claim, the reasons that you would be stopped from challenging a claim, and when you should ask for relief to return to state court.

This program was recorded on August 23rd, 2017.

Provided By

American Bankruptcy Institute
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Panelists

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Hon. Gregory R. Schaaf

Chief Judge
U.S. Bankruptcy Court, Eastern District of Kentucky

Gregory R. Schaaf is a judge on the United States bankruptcy court, Eastern District of Kentucky. He was appointed on October 1, 2012, succeeding Judge Joseph M. Scott, Jr. His current term will expire on September 30, 2026.

Prior to becoming a judge, Schaaf worked in England as a solicitor where he handled various corporate and transactional matters for clients domestically and abroad. Upon returning home to the U.S., Schaaf practiced law with Bingham Greenebaum Doll LLP, where he routinely worked on bankruptcy matters as counsel for both debtors and creditors.

Schaaf earned a Bachelor of Science degree from Western Illinois University and a J.D. from the University of Kentucky.

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Michael A. Galasso

Attorney
Robbins, Kelly, Patterson & Tucker

Mike Galasso is currently representing multiple financial institutions in commercial foreclosures, receiverships, and bankruptcies involving distressed multi-family, office, and mixed use properties in Ohio and Indiana. He recently obtained an order compelling claims by a former franchisee against a franshisor to arbitration and obtained summary judgment in a consumer law dispute involving a residential home improvement project. Year to date, Mike has successfully resolved through mediation and settlement a variety of cases to include personal injury, contract, and commercial cases.

Mike joined the firm in 1999 and became a partner in 2005. He is a member of the firm’s litigation practice group and his practice is devoted almost exclusively to litigation. Mike has tried numerous cases to verdict including bench trials, jury trials, arbitrations, appeals, and contested bankruptcy matters.

Prior to law school, Mike was a police officer in Knoxville, Tennessee. During college, Mike was a military police officer in the U.S. Marine Corps Reserve serving on active duty in Operation Desert Storm in Saudi Arabia, Iraq, and Kuwait.

Admitted to practice in Ohio, Kentucky, and Indiana, Mike’s practice extends to a wide range of civil litigation matters such as business and contract disputes, real estate disputes, employment litigation, non-compete agreements, trade secret claims, franchise litigation, consumer claims, and creditor’s rights. His creditor’s rights practice regularly involves representing banks, credit unions, and other financial institutions in foreclosures, bankruptcies, receiverships, loan workouts, and related default matters. Mike also represents outdoor advertising clients in land use, zoning, and contract matters. Mike has significant experience in personal injury matters representing both plaintiffs and defendants.

Mike is a member of The Million Dollar Advocates Forum in which membership is limited to attorneys who have won million and multi-million dollar verdicts, awards, and settlements.

Mike has made several presentations to professional organizations relating to foreclosure and real estate issues.

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Stuart P. Brown

Attorney at Law
Stuart P. Brown, PLLC

Stuart graduated from Lloyd Memorial High School in 1988 and went from to the University of Kentucky for undergraduate studies. After earning his degree from the University of Kentucky in 1992, he spent two years working for the Commonwealth of Kentucky as a family services social worker.

Stuart considers his work and training as a social worker to have been instrumental in how he has approached the management of clients in his law practice.

Stuart attended law school at Northern Kentucky University and graduated in 1997, the same year in which he passed the bar exam.

Stuart's first trial within one month of receiving his license to practice law and his client was found 'not guilty' of assault in that trial.


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