35th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice 2020

MCLE Credits: 9.5
Ethics Credits Included: 2.0

Live on Site: Friday and Saturday, September 11-12 / Charlottesville
(Registration currently is closed)
Registration: 8:30 a.m. on September 11
Program: 8:55 a.m. - 5:20 p.m. on September 11
9:00 a.m. - 12:30 p.m. on September 12
MCLE Credit: 9.5 (Ethics: 2.0) (Full Conference) Pending (Friday Only - 6.5 (Ethics: 1.0) Pending)
Live-Interactive Credit: 9.5 Live Interactive MCLE Credit Symbol

Information

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

Registration for this seminar currently is closed.

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.

New for 2020 — You can register either for the entire Friday and Saturday conference, or for Friday only (carrying 6.5 hours of MCLE credit, 1.0 Ethics credit).

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


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

 

 

 

 

 

 

 

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

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.

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.boarsheadinn.com.

This seminar is not eligible for discounts.

 

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

Schedule

COURSE SCHEDULE

FRIDAY, SEPTEMBER 11, 2020

8:30 Registration
8:55 Announcements and Introductions
9:00 Recent Developments for Advanced Bankruptcy Practitioners
David W. Gaffey, Esq., Angela M. Scolforo, Esq.

The 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: Use of Information Technology in Times of Pandemics and Other Circumstances Preventing In-Person Meetings and Hearings
David Cox, Esq., Justin F. Paget, Esq.


The panel will discuss the ethical rules applicable when using information technology when offices are closed and attorneys are not able to conduct meetings, closings, hearings, and other events in person.  Topics covered will include maintaining confidentiality, obtaining consents and wet signatures, and competence.

11:30 Subchapter V in Practice
Hon. Paul M. Black, Paula S. Beran, Esq.


This session will provide practice pointers from the bench and the bar on the use of newly created Subchapter V of the Bankruptcy Code, allowing small businesses with up to $7.5 million in liquidated debt to reorganize through a streamlined bankruptcy filing.

12:30 Lunch (provided at the seminar)
1:45 Concurrent Sessions

Commercial Breakout
Topic 1: 
Pre-Petition Chapter 11 Planning from the Perspectives of a Debtor, a Secured Lender, and an Unsecured Creditor
Peter J. Barrett, Esq., Robert S. Westermann, Esq.


The panel will discuss issues to identify and steps to undertake to prepare for a Chapter 11 filing. The speakers will discuss these issues from the perspectives of the various players in the expected filing. 

Commercial Breakout Topic 2: 
Plan Support Agreements and Issues in Providing Exit Financing
Hon. Kevin R. Huennekens, Tyler P. Brown, Esq.

The panel will discuss issues arising in connection with locking up support for a Chapter 11 plan, including exit financing. The panel will explore issues frequently arising, terms that may be included in the deal, and the limits on what is available, in locking up voting and financial support for the exit.

Consumer Breakout Topic 1: Recent Legislative Changes Affecting Individual and Small Business Filings
Hon. Rebecca B. Connelly, David Cox, Esq., Peter G. Zemanian, Esq.

This session will cover the various trends, and any legislative and rule changes, affecting lending and bankruptcy provision considerations for small businesses and self-employed individuals. Topics covered will include Coronavirus Aid, Relief, and Economic Security (CARES) Acts, changes to the Small Business Reorganization Act (SBRA), and changes to Small Business Administration lending and enforcement concerns.

Consumer Breakout Topic 2: 
Hot Issues Involving Chapter 7 Trustees
Hon. Klinette H. Kindred, Veronica D. Brown-Moseley, Esq., Andrew Goldstein, Esq.

This panel will discuss recent developments in Chapter 7 that trustees, their counsel, and debtors’ counsel should be aware of. Specifically, the panel will explore the new homestead exemption laws in Virginia, bifurcated attorney fee agreements, the new SBRA’s potential impact on a debtor’s ability to obtain a discharge, the effect of post-petition changes in a debtor’s circumstances, potential obstacles for avoidance of pre-petition tuition payments, and more.

3:35 Break
3:50 Hot Topics
Hon. Frank J. Santoro, Michael St. Patrick Baxter, Esq., Douglas M. Foley, Esq., Stanley J. Samorajczyk, Esq.

The 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

SATURDAY, SEPTEMBER 12, 2020

9:00 Post-Trial Considerations, Appeals and Related Litigation Issues
Hon. Keith L. Phillips, Jeffrey L. Tarkenton, Esq.

The panel will provide litigation tips on preparing for, prosecuting, defending against, and considering post-trial motions and appeals.  The panel also will discuss strategic considerations in advance of judgment to preserve issues for appeal and decide upon the best path forward in the event rulings do not favor the client.

10:00 Judges’ Roundtable
Hon. Paul M. Black, Hon. Rebecca B. Connelly, Hon. Kevin R. Huennekens, Hon. Klinette H. Kindred, Hon. Keith L. Phillips, Hon. Frank J. Santoro           
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 Keeping Up Appearances
Richard C. Maxwell, Esq., Kenneth N. Whitehurst, III, Esq.

The panel will discuss ethical issues that arise in the decision to represent and the representation of clients in regular bankruptcy practice. The session will address several Rules of Professional Conduct, including: Rule 1.1, Duty of Competence; Rule 1.2, Scope of Representation; Rule 3.3, Candor Toward the Tribunal; Rule 3.4, Fairness to Opposing Party and Counsel; and Rule 8.4, Misconduct. The speakers will also discuss some Legal Ethics Opinions regarding limiting the scope of representation/unbundling.

12:30 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. Klinette H. Kindred, U.S. Bankruptcy Court, Eastern District of Virginia / Richmond
Hon. Keith L. Phillips, U.S. Bankruptcy Court, Eastern District of Virginia / Richmond
Hon. Frank J. Santoro, U.S. Bankruptcy Court, Eastern District of Virginia / Norfolk
Peter J. Barrett, Esq., Kutak Rock LLP / Richmond
Michael St. Patrick Baxter, Esq.,Covington & Burling LLP / Washington, DC
Paula S. Beran, Esq., Tavenner & Beran, PLC / Richmond
Tyler P. Brown, Esq., Hunton Andrews Kurth LLP / Richmond
Veronica D. Brown-Moseley, Esq., Boleman Law Firm, PC / Richmond
David Cox, Esq., Cox Law Group, PLLC / Lynchburg
Douglas M. Foley, Esq., McGuireWoods LLP / Richmond and Washington, DC
David W. Gaffey, Esq., Whiteford Taylor & Preston, LLP / Falls Church
Andrew S. Goldstein, Esq., Magee Goldstein Laskey & Sayers PC / Roanoke
Elizabeth L. Gunn, Esq., Office of the Attorney General / Richmond
Richard C. Maxwell, Esq., Woods Rogers PLC / Roanoke
Justin F. Paget, Esq., Hunton Andrews Kurth LLP / Richmond
Stanley J. Samorajczyk, Esq. / Washington, DC
Angela M. Scolforo, Esq., Office of Herbert L. Beskin / Charlottesville
Jeffrey L. Tarkenton, Esq., Womble Bond Dickinson (US) LLP / Washington, DC
Robert S. Westermann, Esq., Hirschler / Richmond
Kenneth N. Whitehurst, III, Esq., Office of the U.S. Trustee / Norfolk
Peter G. Zemanian, Esq., Zemanian Law Group / Norfolk

Locations, Dates and Fees

LIVE REGISTRATION FEES FOR FULL FRIDAY AND SATURDAY CONFERENCE (All registrants will receive access to a complete set of downloadable e-book seminar materials.)

$469* 2-day registration (without printed materials) (includes lunch, reception, and continental breakfasts).
$499 2-day 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.

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

$399* Friday-only registration (without printed materials) (includes lunch, reception, and continental breakfasts).
$429 Friday-only registration plus printed materials (includes lunch, reception, and continental breakfasts).
$439 on-site registration (if space is available) (printed materials, lunch, reception, and continental breakfasts included).

*Available until 3 business days before the program.



LIVE LOCATION AND DATES

CHARLOTTESVILLE / Friday and Saturday, September 11 and 12
The Boar’s Head Inn (Venue Website / Google Map)
200 Ednam Drive
(844) 611-8066


OVERNIGHT ACCOMMODATIONS

This year the seminar occurs on a home UVA football weekend, so we are working on making reservations at multiple hotels to accommodate the demand. These blocks will be available on a first-come, first-served basis and will likely sell out, so make your reservations early. We will be updating this page as we receive information from the hotels.

Boar’s Head Resort
200 Ednam Drive
Charlottesville, VA 22903
(844) 611-8066

We have a limited number of rooms available at The Boar’s Head Resort (Conference Location). To reserve a room, please follow this link.

If you would prefer to reserve via phone, if you need a reservation for dates before or after the contracted dates (check in September 10, check out September 12), or if you need to book more than two rooms, please call Boar’s Head Reservations at (434) 972-2250/(434) 296-2181, Monday–Friday or 9 a.m.–5 p.m. Reference VA CLE Mid-Atlantic Bankruptcy PARTICIPANTS.  You can also reach the Reservations Office with any question or concern at the Reservations email address, reservationsteam@boarsheadresort.com.

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

We also have a room block available at Homewood Suites.  You may book online or by contacting the hotel directly. Please reference the group name VA CLE 2020 when booking your reservations. The website for Homewood Suites is:
www.charlottesville.homewoodsuites.com


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.

REGISTRATION DEADLINES

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 BEFORE the seminar.  You will, however, be charged $90 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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