33rd Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice

MCLE Credits: 7.5
Ethics Credits Included: 2.0

Live on Site: Friday, November 9 / The Boar's Head Inn, Charlottesville
Registration: 8:30 a.m.
Program: 8:55 a.m. - 5:30 p.m.
MCLE Credit: 7.5 (Ethics: 2.0)
Live-Interactive Credit: 7.5 Live Interactive MCLE Credit Symbol

Information

Why Attend?

Hear expert analysis on the year’s most important bankruptcy topics, including:

  • U.S. Bankruptcy Court judges for the Eastern and Western Districts of Virginia discussing many of the important decisions rendered during the prior year and providing practical advice for lawyers in addressing the issues raised in those cases
  • Consumer and commercial breakout panel sessions on retail wind-downs, fraudulent conveyances, releases, and small business cases
  • Two hours of interactive ethics, including a discussion on attorney disability
  • The most important recent decisions from the U.S. Supreme Court, the Fourth Circuit, and the District and Bankruptcy Courts within the Fourth Circuit that are likely to impact the practice of both commercial and consumer bankruptcy law
  • A discussion on privacy issues in both consumer and business bankruptcy cases, including identifying and safeguarding the personally identifiable information (PII) of consumer debtors, correcting inadvertent disclosures of PII, and navigating the section 363 sale of PII by business debtors

This program was cancelled in September due to Hurricane Florence and has been rescheduled as a one-day program on Friday, November 9.

The Region’s Premier Advanced Bankruptcy Law Program

This program provides a unique opportunity to network and interact with judges, faculty, and leading bankruptcy practitioners in a collegial environment.

Bringing together the current developments, leading practitioners, and experienced bankruptcy attorneys in the region for great learning and networking!

Held at the beautiful Boar’s Head Inn in Charlottesville!

Nestled in Virginia's Piedmont countryside, The Boar's Head Inn promises world-class amenities in a setting uniquely Southern in character, charm, and natural beauty.

OVERNIGHT ACCOMMODATIONS

We have a limited room block at the conference location, the beautiful Boar’s Head Inn. (See "Locations, Dates and Fees" tab for details.)

The Boar's Head offers the very best that Virginia has to offer. The exceptional resort includes AAA Four Diamond award-winning dining, attentive service, and first-class accommodations. Visitors enjoy golf, tennis, bicycling, hiking, fishing, hot air balloon rides, and a fitness club and spa, all within the grounds of the lush 573-acre estate. Add in the many attractions of Charlottesville and picturesque surroundings, and you will find the perfect venue for a long weekend getaway with your family.

This seminar is not eligible for discounts.

 
Can't Attend?
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE

8:30 Registration
8:55 Announcements and Introductions
9:00 Recent Developments for Advanced Bankruptcy Practitioners
Tyler P. Brown, Esq., Stanley J. Samorajczyk, Esq.

This panel will cover the most important recent decisions from the U.S. Supreme Court, the Fourth Circuit, and the District and Bankruptcy Courts within the Fourth Circuit that are likely to impact the practice of both commercial and consumer bankruptcy law.
10:00 Break
10:15 Attorney Disability
Hon. Paul M. Black, William A. Gray, Esq., Kathryn R. Montgomery, Esq. 

This panel will lead a discussion of the impairment of lawyers by mental health issues and substance abuse problems, including the scope of the problem, how impairment impacts a lawyer’s ethical responsibilities, and recommendations of best practices to address these concerns.
11:15 Privacy Issues in Bankruptcy:  Protecting and Selling Personally Identifiable Information
Hon. Kevin R. Huennekens, Gerard R. Vetter, Esq.

This panel will address privacy issues in both consumer and business bankruptcy cases, including identifying and safeguarding the personally identifiable information (PII) of consumer debtors, correcting inadvertent disclosures of PII, and navigating the section 363 sale of PII by business debtors.
12:10 Break to get Lunch (provided at the seminar)
12:30 Hot Topics (Session over Lunch)
Hon. Paul M. Black, Christopher A. Jones, Esq.

This panel will address a number of complex legal issues that have been the subject of recent decisions arising out of commercial and consumer bankruptcy cases.
1:30 Break
1:45 Concurrent Sessions

Commercial Breakout
Topic 1: Retail Wind-Downs
Peter J. Barrett, Esq., Douglas M. Foley, Esq., Lynn L. Tavenner, Esq. 

What happens next when the stores go dark? This panel will discuss prevalent issues faced in many retail wind downs, including alternative liquidation options and relevant players in decisions on same, fiduciary duties, asset liquidation, claims resolution, common litigation targets/claims, and case closing matters.

Commercial Breakout Topic 2:  Releases
Bradford F. Englander, Esq., Stanley J. Samorajczyk, Esq.


The panel will discuss the purposes for, uses of, and strategies for obtaining third party releases in plans, sales, and settlements, along with the current tests applied by the Courts, related jurisdictional issues, and alternatives to nonconsensual releases.

Consumer Breakout Topic 1: Small Business Cases
Hon. Rebecca B. Connelly, H. David Cox, Esq., Peter G. Zemanian, Esq.

The decline of a small business presents a number of issues impacting the principals of the business, the entity itself, and the business’s vendors and creditors.  The panel will review considerations for advising the business, such as when bankruptcy is appropriate for the entity, common business bankruptcy issues, and alternatives to bankruptcy for winding down the business.   The panel will also share tips and strategies advising the business owner in his or her individual capacity, including chapter choice, guaranties, and tax considerations.

Consumer Breakout Topic 2: 
Fraudulent Conveyances
Hon. Klinette H. Kindred, Barry W. Spear, Esq., Roy M. Terry, Jr., Esq.

This panel will discuss recent decisions involving fraudulent conveyances in the consumer bankruptcy context. The discussion will be split between intentionally and constructively fraudulent conveyances. Through the use of a hypothetical, the discussion will illustrate the impacts of fraudulent conveyance and other avoidance claims issues on the estate, as well as circumstances that can give rise to nondischargeability and denial of discharge.

3:15 Break
3:30 Judges’ Roundtable
Hon. Paul M. Black, Hon. Rebecca B. Connelly, Hon. Kevin R. Huennekens, Hon. Brian K. Kenney, Hon. Klinette H. Kindred, Hon. Keith L. Phillips, Roy Terry, Esq., Moderator 

These U.S. Bankruptcy Court judges for the Eastern and Western Districts of Virginia will participate in a panel discussing many of the important decisions rendered by those judges during the prior year and provide practical advice for lawyers in addressing the issues raised in those cases.
4:30 Ethics: Interactive Session on Multiple Topics
Hon. Keith L. Phillips, Richard C. Maxwell, Esq., James M. McCauley, Esq.

This panel will address a number of factual scenarios that give rise to ethical issues in the practice of both commercial and consumer bankruptcy law. Audience members will be invited to participate by suggesting the correct answer to the ethical questions presented.
5:30 Adjourn

Faculty

FACULTY

Hon. Paul M. Black, U.S. Bankruptcy Court, Western District of Virginia / Roanoke
Hon. Rebecca B. Connelly, U.S. Bankruptcy Court, Western District of Virginia / Harrisonburg
Hon. Kevin R. Huennekens, U.S. Bankruptcy Court, Eastern District of Virginia / Richmond
Hon. Brian F. Kenney, U.S. Bankruptcy Court, Eastern District of Virginia / Alexandria
Hon. Klinette H. Kindred, U.S. Bankruptcy Court, Eastern District of Virginia / Alexandria
Hon. Keith L. Phillips, U.S. Bankruptcy Court, Eastern District of Virginia / Richmond
Peter J. Barrett, Esq., Kutak Rock LLP / Richmond
Tyler P. Brown, Esq.  Hunton Andrews Kurth LLP / Richmond
H. David Cox, Esq.,Cox Law Group PLLC / Lynchburg
Bradford F. Englander, Esq., Whiteford, Taylor & Preston LLP / Falls Church
Douglas M. Foley, Esq., McGuireWoods LLP / Washington, DC
William A. Gray, Esq., Sands Anderson PC / Richmond
Christopher A. Jones, Esq., Whiteford Taylor & Preston, LLP / Falls Church
Richard C. Maxwell, Esq., Woods Rogers PLC / Roanoke
James M. McCauley, Esq., Virginia State Bar / Richmond
Kathryn R. Montgomery, Esq., Virginia State Bar / Richmond
Stanley J. Samorajczyk, Esq., / Washington, DC
Barry W. Spear, Esq., Boleman Law Firm, P.C. / Virginia Beach
Lynn L. Tavenner, Esq., Tavenner & Beran, PLC / Richmond
Roy M. Terry, Jr., Esq., Sands Anderson PC / Richmond
Gerard R. Vetter, Esq., Assistant United States Trustee / Baltimore, MD
Peter G. Zemanian, Esq., Zemanian Law Group / Norfolk

Locations, Dates and Fees

LIVE REGISTRATION FEES

$340 regular registration (includes printed materials, continental breakfast, and lunch).
$355 on-site registration (if space is available) (includes printed materials, continental breakfast, and lunch).

LIVE LOCATION AND DATE

CHARLOTTESVILLE / Friday, November 9
The Boar’s Head Inn (Venue Website / Google Map)
Route 250 West
(434) 296-2181 or (855) 452-2295


OVERNIGHT ACCOMMODATIONS

Boar’s Head Inn
200 Ednam Dr
Charlottesville VA 22903
(866) 996-7504

For those who need rooms on Thursday evening, November 8, Virginia CLE has established a room block at the Boar’s Head Inn.  This block is available on a first-come, first-served basis.  To reserve a room, please contact Boar’s Head Reservations at (866) 996-7504, 8:00 a.m.–5:00 p.m., Monday–Friday or 9:00 a.m.–5:00 p.m., Saturday–Sunday for assistance. Reference VA CLE Mid-Atlantic Bankruptcy Participants Group Code 1633.

 


A special 15% discount and free shipping on Virginia CLE®–published books will be available for purchases made at the seminar site.


Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar. 

If you have a disability that requires special accommodation, please contact Virginia CLE® well in advance of the program date.

Private recording of this program is prohibited.

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