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Litigating Common Causes of Action in Bankruptcy


Level: Intermediate
Runtime: 66 minutes
Recorded Date: January 29, 2021
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Agenda

  • Discharge Litigation
  • Causes of Action
  • Rules
  • Collateral Estoppel
  • Advice of Counsel Defense
  • Justification/Excuse
Runtime: 1 hour, 6 minutes
Recorded: January 29, 2021

Difficulty (for NY):
Both Experienced and Newly Admitted Attorneys

Description

Covering a wide array of bankruptcy litigation matters, this session will focus on issues relating to stay relief, discharge litigation, and post-discharge injunction matters. Evidentiary considerations and standards for relief will be highlighted, along with case law developments and practice tips from the experienced panelists.

This program was recorded as part of ABI's 2021 Virtual Rocky Mountain Bankruptcy Conference on January 29th, 2021.

Provided By

American Bankruptcy Institute
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Panelists

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Jeremy C. Sink

Shareholder
Kirton McKonkie

Jeremy C. Sink is a shareholder with Kirton McKonkie in Salt Lake City, having joined the firm in 2019 after 16 years with the law firm of McKay, Burton & Thurman. He is a member of Kirton McConkie’s Litigation Section with an emphasis in Bankruptcy.

Mr. Sink’s creditor bankruptcy practice focuses on protecting creditor rights in all bankruptcy proceedings, including secured creditors, landlords, vendors and general unsecured creditors. His debtor bankruptcy practice includes filing bankruptcies under all chapters of the Bankruptcy Code. He is also one of the few Utah attorneys who has filed and completed an assignment for the benefit of creditors.

Mr. Sink is recognized as one of Utah’s Legal Elite for Bankruptcy Law (2016) and as a Mountain States Super Lawyer. He spent 16 years representing three different chapter 7 panel trustees in all aspects of prosecuting chapter 7 bankruptcy cases.

Mr. Sink received his B.A. in English from Brigham Young University and his J.D. summa cum laude in 2003 from Creighton University School of Law.

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Aaron A. Garber

Partner
Wadworth Garber Warner Conrardy, P.C.

Aaron A. Garber is licensed to practice law in the states of Colorado, Delaware, Pennsylvania and New Jersey. He has appeared in courts throughout the country representing clients in restructuring and litigation matters. In Colorado he has appeared before a variety of state courts, the United States Bankruptcy Court, the United States District Court, and the 10th Circuit Court of Appeals. Mr. Garber has been practicing bankruptcy law for over 20 years including more than 16 years in Colorado. Prior to moving to Colorado, he practiced in Wilmington, Delaware.

Mr. Garber’s practice focuses on all aspects of bankruptcy and financial restructuring. He has substantial experience in representing debtors and creditors in business, complex individual and commercial bankruptcy matters, including filings under Chapters 7, 11, and 13. Mr. Garber has successfully reorganized through the Chapter 11 process a myriad of businesses, individuals and entrepreneurial endeavors throughout Colorado and Wyoming.

Mr. Garber also has substantial litigation experience in bankruptcy courts representing debtors, creditors, and trustees handling matters that include avoidance actions, automatic stay and discharge litigation. Mr. Garber has confirmed numerous Chapter 11 Plans of Reorganization allowing clients to reorganize and he has successfully guided clients through the Chapter 7 and Chapter 13 process. Mr. Garber has also successfully prosecuted and defended motions for relief from stay, avoidance actions (preference and fraudulent conveyance), and litigation pertaining to secured creditors. Mr. Garber has handled complex tax issues in bankruptcy cases, including defending challenges to the discharge of tax debt. Mr. Garber has also overseen the sale of assets during the bankruptcy process, from vehicles to multimillion dollar apartment complexes and other real estate projects, and the sale of operating business entities.

Mr. Garber has represented secured and unsecured creditors by representing their interests in all aspects of the bankruptcy process, including obtaining relief from stay, objecting to the Debtor’s discharge, analyzing Plans and Disclosure Statements, and negotiating improved Plan terms. He has prosecuted and defended claims brought by and against creditors, including stay violation issues, claim objections, preference and avoidance action defense. Mr. Garber has assisted parties interested in purchasing assets in the bankruptcy process.

Mr. Garber represents trustees in all aspects of the bankruptcy process, including collecting assets, commencing avoidance actions, handling claim objections, objecting to claims, liquidating assets, and bringing claims against insiders.

Mr. Garber respects the confidentiality of his clients and therefore does not disclose client names. He has represented a variety of clients, including individuals of all income levels, companies varying in size from small companies to some of the larger Colorado companies, including construction companies, real estate companies, apartment complexes, hardware stores, office supply companies, restaurants, dentist offices, land development, companies in the medical industry, companies in the entertainment industry, and farming operations. Mr. Garber’s diverse experience and client base provides him with the insight to fully analyze and understand the bankruptcy issues presented and address each client’s needs. Mr. Garber is not afraid to and can feel confident in taking aggressive positions and developing creative solutions for clients.

Not every client’s issue results in the need or desire to seek bankruptcy protection. For clients who bankruptcy is not the right option, Mr. Garber has assisted clients in negotiating out of court workouts, helping to avoid or resolve litigation, resolve creditor claims, and allowing clients to move forward with their lives.

Mr. Garber has also handled a variety of litigation matters in the state and federal courts. The representations have been diverse, including commencing and defending collections actions, challenging the extent and validity of secured claims, contesting the actions of receivers, and prosecuting breach of contract claims.

Mr. Garber is Vice President of the Colorado chapter of the Federal Bar Association.

He is also on the Colorado Supreme Court working group for addressing pro bono and legal assistance needs.

Mr. Garber lectures on bankruptcy related issues.

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Sean Cloyes

Partner
Berken Cloyes, PC

Sean Cloyes is a partner with Berken Cloyes, PC in Denver, which he co-founded in 2016. He is admitted to practice in federal and state courts and agencies in Colorado.

Previously, Mr. Cloyes was a partner with the Colorado Springs law firm of Kinnaird Cloyes & Kinnaird, P.C., and from approximately 2005-14, he chaired the El Paso County Bar Association’s Bankruptcy Subsection, during which time he taught semi-monthly CLEs to other attorneys and served as a liaison between the Colorado Bankruptcy Court judges and the El Paso County Bar. He has been voted Best Bankruptcy Attorney by Colorado Springs Style magazine.

Mr. Cloyes received his B.A. in psychology from the University of Nebraska and his J.D. from the University of Nebraska College of Law.

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David M. Miller

Partner
Spence Fane, LLP

David M. Miller works closely with individuals and companies, providing guidance and counsel in all aspects of bankruptcy law and commercial litigation. All clients, both debtors and creditors, benefit from Miller’s extensive knowledge and experience in bankruptcy and related matters.

Clerking for two bankruptcy judges early in his career has provided experience that served his clients well. He advocates tenaciously for his clients, resolving differences and achieving successful outcomes, including several precedent-setting outcomes in Colorado courts.

Miller strives to anticipate unforeseen consequences and protect clients as they grapple with bankruptcy and reorganization issues.

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Hon. Kimberley H. Tyson

Judge
U.S. Bankruptcy Court for the District of Colorado

Kimberley H. Tyson is a judge for the United States bankruptcy court, District of Colorado. She was appointed May 12, 2017.

Tyson previously worked as director of Ireland Stapleton Pryor & Pascoe, PC. She was also on the Chapter 7panel of trustees in Colorado. She was a law clerk to the Hon. Jerry Elliott of the Kansas Court of Appeals and for the Hon. John Pearson of the United States bankruptcy court, District of Kansas.

Tyson obtained a J.D. from the University of Kansas School of Law.


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