34th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice 2019

MCLE Credits: 9.5
Ethics Credits Included: 2.0

Live on Site: Friday and Saturday, September 13-14 / Charlottesville
Registration: 8:30 a.m. on September 13
Program: 8:55 a.m. - 5:20 p.m. on September 13
9:00 a.m. - 12:30 p.m. on September 14
MCLE Credit: 9.5 (Ethics: 2.0)
Live-Interactive Credit: 9.5 Live Interactive MCLE Credit Symbol


Why Attend?

  • Hear expert analysis on the year’s most relevant and timely bankruptcy topics, and get updates on the important decisions rendered during the past year
  • Earn 9.5 MCLE credits including 2 hours of ethics, all at one exceptional seminar, taught by judges and leading bankruptcy practitioners
  • Enjoy breakout sessions on Friday afternoon specifically designed for both consumer and commercial practitioners
  • Network with your colleagues — catch up with old friends and meet new ones
  • Relax and indulge in the amenities at the newly renovated Boar’s Head Resort situated in Virginia’s scenic Piedmont countryside

This is the region's Premier Advanced Bankruptcy Law Program, offering a unique opportunity to network and interact with judges and leading bankruptcy practitioners in a collegial environment.

Bring your family for a long weekend getaway in Virginia’s scenic Piedmont countryside at the beautiful Boar’s Head Resort!







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

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

This 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.

For more detailed information about The Boar’s Head’s championship golf and tennis facilities, for an overview of the treatments and services at the Spa, and for a schedule of fitness classes at the Sports Club, please visit The Boar’s Head’s website at www.boarsheadresort.com.

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.




8:30 Registration
8:55 Announcements and Introductions
9:00 Recent Developments for Advanced Bankruptcy Practitioners
Sarah B. Boehm, Esq., Rosa J. Evergreen, 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.

10:15 Break
10:30 Ethics: How to Stay out of Trouble with the Court
Hon J. Craig Whitley, Margaret K. Garber, Esq., Richard C. Maxwell, Esq.

This panel will discuss actions and inaction by attorneys that result in them having to answer to the Bankruptcy Judge, and ways to avoid these problem situations.

11:30 Economic Conditions and Predictions:  Facts Are a Stubborn Thing
Douglas M. Foley, Esq., John B. Jung, Jr.

This session will provide a legal and economic analysis of many issues and trends in the current state of the U.S. economy, including consumer confidence and spending, employment and labor force productivity, government spending and borrowing, and tax and trade policies that will impact bankruptcy practitioners. 
12:30 Lunch (provided at the seminar)
1:45 Concurrent Sessions

Commercial Breakout
Topic 1: The Shifting Sands of Corporate Fiduciary Duties in Insolvency, and Best Practices and Potential Pitfalls in D & O Insurance Litigation
Hon. Michelle M. Harner, Erika L. Morabito, Esq., Stanley J. Samorajczyk, Esq

The panel will discuss the nuances of corporate fiduciary duties of officers and directors in the zone of insolvency as well as best practices relating to D & O insurance litigation. The panel will also address the role of “independent” directors and their increasing role and appointment in large Chapter 11 cases with complicated organizational structures.

Commercial Breakout Topic 2: 
What Can You Do Under Section 363?
Hon. Keith L. Phillips, Tyler P. Brown, Esq.

The panel will discuss the opportunities and limits on the authority provided by Section 363 of the Bankruptcy Code to facilitate reorganizations and liquidations.

Consumer Breakout Topic 1: When the Government Is on the Other Side: Litigation Involving the Government
Hon. Brian F. Kenney, Kieran Carter, Esq., Hannah W. Hutman, Esq.

This session will cover litigation when the Government is the defendant, good faith defense to discharge violation, immunity defenses, jurisdiction, and sovereign immunity.

Consumer Breakout Topic 2: 
Can You Unring the Foreclosure Bell?  Can You Save a Home After a Pre-Bankruptcy Foreclosure?
Hon. Rebecca B. Connelly, Edward C. Boltz, Esq., Nancy R. Schlichting, Esq.

When can a bankruptcy court overturn a foreclosure sale? This panel will explore avoidance actions, the effect of non-bankruptcy law claims, and bankruptcy strategies to address mortgage claims after a foreclosure sale. The panel will discuss litigation and negotiation techniques, plus creative bankruptcy options in situations where houses are anything but safe. The panel will address such questions as: Do lenders have unrestricted rights to sell a house at foreclosure, at any price regardless of the value? May a bankruptcy court overturn a finalized sale as a preference, or on other grounds? What options are available to mortgagors and borrowers if the deed of trust or note is unperfected or otherwise fatally flawed?  Can these mortgages be modified in Chapter 13? The panel will discuss Hurlburt v. Black (In re Hurlburt),  2019 WL 2237966, No. 17-2449 (4th Cir. May 24, 2019) (overruling Witt v. United Cos. Lending Corp. (In re Witt), 113 F.3d 508 (4th Cir. 1997)); and Birmingham v. PNC Bank, N.A. (In re Birmingham), 846 F.3d 88 (4th Cir. 2017).

3:35 Break
3:50 Hot Topics
Hon. Paul M. Black, Kelly M. Barnhart, Esq., 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.
5:20 Adjourn
5:30 Reception


9:00 Rejection of Intellectual Property Licenses in Bankruptcy
Michael St. Patrick Baxter, Esq., Lynn L. Tavenner, Esq.

The panel will discuss the rejection of intellectual property licenses in Chapter 7 and Chapter 11 bankruptcy cases, including the consequences of rejection and the anticipated Supreme Court decision in Mission Product Holdings v. Tempnology, and its implications for commercial licensing and the administration of bankruptcy cases.

10:00 Judges’ Roundtable
Hon. Paul M. Black, Hon. Rebecca B. Connelly,
Hon. Brian F. Kenney, Hon. Keith L. Phillips, Hon. J. Craig Whitley

Elizabeth L. Gunn, Esq., Moderator

These U.S. Bankruptcy Court judges will participate in a lively panel discussion highlighting recent decisions and developments as well as reflections on their views from the bench.

11:00 Break
11:15 Ethics: Fee Arrangements, Factoring, Litigation Funding, and Getting Paid
Michael St. Patrick Baxter, Esq., Elizabeth L. Gunn, Esq., Dylan G. Trache, Esq.

The panel will address ethical considerations inherent in current trends involving client engagements and attorney compensation. Issues to be addressed will include fee sharing with both lawyers and non-lawyers, identity of the client and client confidentiality, conflicts of interest and disclosure to the court, and choice of chapter and whether to file.

12:30 Adjourn



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. Michelle M. Harner, U.S. Bankruptcy Court, District of Maryland / Baltimore, MD
Hon. Brian F. Kenney, U.S. Bankruptcy Court, Eastern District of Virginia / Alexandria
Hon. Keith L. Phillips, U.S. Bankruptcy Court, Eastern District of Virginia / Richmond
Hon. J. Craig Whitley, U.S. Bankruptcy Court, Western District of North Carolina / Charlotte, NC
Kelly M. Barnhart, Esq., Roussos, Glanzer & Barnhart, PLC / Norfolk
Michael St. Patrick Baxter, Esq.,Covington & Burling LLP / Washington, DC
Sarah B. Boehm, Esq., McGuireWoods LLP / Richmond
Edward C. Boltz, Esq., Law Offices of John T. Orcutt, PC  / Durham, NC
Tyler P. Brown, Esq.  Hunton Andrews Kurth LLP / Richmond
Kieran O. Carter, Esq., U.S. Department of Justice, Tax Division / Washington, DC
Rosa J. Evergreen, Esq., Arnold & Porter Kaye Scholer LLP / Washington, DC
Douglas M. Foley, Esq., McGuireWoods LLP / Washington, DC
Margaret K. Garber, Esq., Assistant U.S. Trustee, Western District of Virginia / Roanoke
Elizabeth L. Gunn, Esq., Office of the Attorney General / Richmond
Hannah W. Hutman, Esq., Hoover Penrod PLC / Harrisonburg
Christopher A. Jones, Esq., Whiteford Taylor & Preston, LLP / Falls Church
John B. Jung, Jr., BB&T Capital Markets / Richmond
Richard C. Maxwell, Esq., Woods Rogers PLC / Roanoke
Erika L. Morabito, Esq., Foley & Lardner LLP / Washington, DC
Stanley J. Samorajczyk, Esq. / Washington, DC
Nancy R. Schlichting, Esq., Flora Pettit PC / Charlottesville
Lynn L. Tavenner, Esq., Tavenner & Beran, PLC / Richmond
Dylan G. Trache, Esq., Nelson Mullins Riley & Scarborough LLP / Washington, DC

Locations, Dates and Fees

REGISTRATION FEES (All registrants will receive access to a complete set of downloadable e-book seminar materials.)

$469* regular registration (without printed materials) (includes lunch, reception, and continental breakfasts).
$499 regular registration plus printed materials (includes lunch, reception, and continental breakfasts).
$519 on-site registration (if space is available) (printed materials, lunch, reception, and continental breakfasts included).

*Available until 3 business days before the program.


CHARLOTTESVILLE / Friday and Saturday, September 13 and 14
The Boar’s Head Resort (Venue Website / Google Map)
Route 250 West
(434) 296-2181 or (855) 452-2295


This year the seminar occurs on a home UVA football weekend, so we have made room reservations at two hotels.  These blocks are available on a first-come, first-served basis and will likely sell out, so make your reservations today. 

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

To check availability at The Boar’s Head Inn (Conference Location), click here.

If you would prefer to reserve via phone, or if you need to book more than two rooms, please call Boar’s Head Reservations at (866) 996-7504,  8 a.m.–5 p.m. Monday–Friday or 9 a.m.–5 p.m. Saturday–Sunday for assistance.

Homewood Suites
2036 India Road
Charlottesville, VA 22901
(434) 244-6200

We also suggest the Homewood Suites.  You may book online or by contacting the hotel directly. The website for Homewood Suites is:


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

Lower Registration Fee and Greater Functionality with Downloadable E-Book Seminar Materials

ALL seminar registrants will receive access to a complete set of downloadable e-book seminar materials. E-book materials are searchable, easily accessible, and efficient to use.

When registering, please be sure to provide a legible, valid e-mail address to which Virginia CLE® can send a link to the e-book materials.

Registrants who elect a registration option that includes downloadable e-book seminar materials only and not the printed materials will receive, at the seminar, a short, printed seminar outline with space to take notes.

Printed Materials: You still have the option of receiving a complete set of printed materials for a higher registration fee. Registrants who choose this option will receive printed materials at the program.


To receive access to the downloadable e-book materials BEFORE the seminar AND register for the lower fee, your registration must be received no later than 5:00 p.m. THREE BUSINESS DAYS BEFORE the seminar. A link to the downloadable e-book materials will be e-mailed to you two business days before the seminar. Once you download the materials, you can review them and print the portions you want to bring with you to the seminar.

After 5:00 p.m. THREE BUSINESS DAYS BEFORE the seminar, only the registration options that include printed materials will be available.

Cancellation/transfer requests will be honored through 5:00 p.m. of the day preceding the seminar.  You will, however, be charged $99 for the materials if you cancel your registration for the seminar, or transfer registration to a different seminar, after the link to the materials has been e-mailed by Virginia CLE®.

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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