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

MCLE Credits: 12.0
Ethics Credits Included: 2.0

Friday, September 11, 9:00 a.m. - 5:20 p.m. ET
  • Live Webcast
  • Live Telephone
Learn more about Virginia CLE webcast format
Learn more about Virginia CLE telephone format
MCLE Credit: 12.0 (Ethics: 2.0) (Pending)
Live-Interactive Credit: 7.0 (September 11, both webcast and telephone) (Pending)Live Interactive MCLE Credit Symbol
Pre-Recorded Credit: 5.0 (On-demand online after September 11) (Pending)
Registration Fee: $369

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 an entire year’s worth of Virginia MCLE credit, including two hours of Ethics
  • Enjoy this year’s wonderfully diverse lineup of topics, including the always popular Hot Topics session and the Judges’ Roundtable

This is the region’s premier Advanced Bankruptcy Law program, offering instruction from an incredibly talented assembly of bankruptcy judges and practitioners. While COVID-19 concerns are preventing this program from occurring at the Boar’s Head Resort in Charlottesville this year, the planning committee has worked hard to still offer you the same high-quality instructional content through a remotely delivered option.

This program offers 7.0 hours of live-interactive credit (including 1.0 hour of Ethics) during the September 11 full-day program, PLUS attendees will receive access to 5.0 additional hours of pre-recorded programming (including 1.0 hour of Ethics) to watch online afterwards, on demand, at their leisure. By registering for this one program, you can earn your entire 12 hours of needed Virginia MCLE credit, including 2.0 hours of Ethics credit, and exceed the 4.0-hour Virginia requirement for live-interactive credit!

 

Discounts available for Virginia CLE webcast-telephone-live seminars Follow link to learn about the Virginia CLE Online Bundle with savings up to 45% Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about discount for New Virginia Lawyers (first 3 years) Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.


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) (Eastern Time)

9:00 Announcements and Introductions
9:05 Recent Developments for Advanced Bankruptcy Practitioners
David W. Gaffey, Esq., Angela M. Scolforo, 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
10:10 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.
11:10 Break
11:20 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.
12:20 Lunch Break
1:00 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.
2:30 Break
2:40 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.
3:40 Break
3:50 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.
5:20 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

ON-DEMAND ONLINE COURSE TOPICS (After September 11, 2020)

Additionally, after the 35th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice airs on September 11, attendees will be sent a coupon code to unlock, at no additional cost, 5.0 more hours of pre-recorded MCLE programming that you will be able to access, on your schedule and on demand, through the Virginia CLE website.  This additional programming will include:

1 Hour of Ethics:

Ethics: 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.

2 Hours of Commercial Programs:

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., Michael D. Mueller, 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.

2 Hours of Consumer Programs:

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) Act, 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.

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 Lasky & Sayers PC / Roanoke
Elizabeth L. Gunn, Esq., Office of the Attorney General / Richmond
Richard C. Maxwell, Esq., Woods Rogers PLC / Roanoke
Michael D. Mueller, Esq., Williams Mullen / Richmond
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

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