36th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice 2021

MCLE Credits: 10.0
Ethics Credits Included: 1.0

Live on Site: Friday and Saturday, September 10-11 / Charlottesville
Registration: 8:30 a.m. on September 10
Program: 8:55 a.m. - 5:20 p.m. on September 10
9:00 a.m. - 12:30 p.m. on September 11
MCLE Credit: 10.0 (Ethics: 1.0)
Live-Interactive Credit: 10.0 Live Interactive MCLE Credit Symbol
Telephone/Webcast Options

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 10.0 MCLE credits including 1.0 hour 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 and safe environment at the Boar’s Head Resort in Charlottesville.

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

This year you have two options for attending the Mid-Atlantic Institute: (1) The full, two-day, in-person live program at the Boar's Head Resort in Charlottesville (attendance may be limited in accordance with any CDC guidance), for which you can register using the "Register" pull-down menu on this webpage, and (2) A 5-hour virtual program, presented via live-interactive webcast and telephone on just Friday, consisting of the sessions from 8:55 a.m. to 3:00 p.m. — click here for more information and to register.

BRING YOUR FAMILY FOR A LONG WEEKEND!

Nestled in Virginia's Piedmont countryside, the recently renovated 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.

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.)

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.

COVID PRECAUTIONS

The Boar’s Head abides by all Centers of Disease Control and Prevention (CDC) guidelines, and is taking extra steps to keep everyone safe.  The Boar’s Head’s Coronavirus policies can be found at:  https://www.boarsheadresort.com/coronavirus

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 10

8:30 Registration
8:55 Announcements and Introductions
9:00 Recent Developments for Advanced Bankruptcy Practitioners
Hon. Rebecca B. Connelly, Veronica D. Brown-Moseley, 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 influence the practice of both commercial and consumer bankruptcy law.

10:20 Break
10:35 Ethics:  Pre-Filing Checklists for Consumer and Commercial Debtors
Karen M. Crowley, Esq., David Cox, Esq.

This panel will discuss the ethical obligations and the importance of the factual investigation and legal analysis you should conduct to protect yourself and your client prior to filing a bankruptcy case for your client.  The panel will consider methods to ensure counsel is paid and appropriate ethical considerations on the choice of chapter.
11:35 Nunc Pro Tunc Relief and Avoiding Foreclosure/Evictions in Commercial and Consumer Bankruptcy Cases
Hon. Kevin R. Huennekens, Jennifer M. McLemore, Esq., Nisha R. Patel, Esq.

This panel will discuss the appropriate uses and limitations on nunc pro tunc relief, including as a result of the Supreme Court’s Acevedo decision, and explore opportunities for parties to avoid foreclosures or evictions in commercial and consumer bankruptcy cases. 
12:35 Lunch (provided at the seminar)
1:30 Hot Topics
Hon. Benjamin A. Kahn, Richard C. Maxwell, Esq., Brandy M. Rapp, 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, including, among others, the Supreme Court’s decision in City of Chicago v. Fulton and the fallout of such decision, the “snapshot rule” for determining exemptions, a variety of subchapter V issues, and other hot topics.
3:00 Break
3:20 Concurrent Sessions

Commercial Breakout Topic 1:  Pre-Packaged, Pre-Arranged, and Hybrid Plans
Hon. Kevin R. Huennekens, Douglas M. Foley, Esq., Stanley J. Samorajczyk, Esq

This panel will address issues surrounding the increasing use of pre-packaged or pre-arranged chapter 11 plans and variations thereof.  The panel will consider the Bankruptcy Code and Rules applicable to such plans, the proper use of such plans, and the impacts of these plans on the stakeholders in chapter 11 cases.

Commercial Breakout Topic 2:  Releases, Third-Party Releases, and Exculpation
Tyler P. Brown, Esq., Erika L. Morabito, Esq.

This panel will discuss the growing body of law on the permissibility and limitations on the granting of releases, third-party releases, and exculpation in chapter 11 plans.  The panel will discuss the methods for obtaining consensual releases and the accepted methods for binding parties to third-party releases absent consent.

Consumer Breakout Panel

Changes to Virginia Exemptions, New and Extended Bankruptcy Provisions Under Recent COVID Legislation, and Selected Litigation Issues in Consumer Cases
Hon. Paul M. Black, Hon. Keith L. Phillips, Dennis T. Lewandowski, Esq., Malissa L. Giles, Esq.

This consumer panel will address recent changes in the exemptions available to consumer debtors under Virginia law and discuss the COVID-related legislation that has added and extended the application of certain emergency and other bankruptcy provisions. Additionally, the panel will address a variety of litigation issues that arise in bankruptcy cases, including matters concerning the automatic stay, claim objections and discharge litigation, and proper preparation to litigate these matters.

5:20 Adjourn
5:30 Reception

SATURDAY, SEPTEMBER 11

9:00 Rembrandt’s Bankruptcy
Hon. Scott C. Clarkson

Judge Clarkson’s presentation of the life and 1656 Bankruptcy of the Dutch artist Rembrandt van Rijn paints a unique picture of art, personality, the loves of his life, and his overwhelming financial successes and failures.  Descriptions of unusual mortgages and defaults, disingenuous bankruptcy planning, fraudulent transfers, litigation and appeals, secret corporations to avoid creditors, and disputes with patrons—all of which present remarkable similarities between the Dutch legal system of the 17th Century and the U.S. Bankruptcy Code today.  This session is an opportunity to explore the current U.S. Bankruptcy Code through a historical application.
10:00 Judges’ Roundtable
Hon. Paul M. Black, Hon. Scott C. Clarkson, Hon. Rebecca B. Connelly, Hon. Kevin R. Huennekens, Hon. Benjamin A. Kahn, Hon. Keith L. Phillips,

Roy M. Terry, 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.
11:15 Break
11:30 U.S. Trustee Panel
Nan Roberts Eitel, Esq., Margaret Garber, Esq., Adam D. Herring, Esq.

Michael St. Patrick Baxter, Esq., Moderator

This panel will address some of the issues regarded by the U.S. Trustee Program to be important to the administration of commercial and consumer bankruptcy cases, including KERPs and KEIPs, third-party releases, retention and compensation of professionals, creditors’ committee issues, appointment of trustees and examiners, Subchapter V cases, bifurcation and third-party financing in chapter 7 cases, COVID-19 emergency procedures, and post-COVID impact on bankruptcy cases.
12:30 Adjourn

Faculty

FACULTY

Hon. Paul M. Black, U.S. Bankruptcy Court, Western District of Virginia / Roanoke
Hon. Scott C. Clarkson, U.S. Bankruptcy Court, Central District of California / Santa Ana, CA
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. Benjamin A. Kahn, U.S. Bankruptcy Court, Middle District of North Carolina / Greensboro, NC
Hon. Keith L. Phillips, U.S. Bankruptcy Court, Eastern District of Virginia / Richmond
Michael St. Patrick Baxter, Esq., Covington & Burling LLP / Washington, DC
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
Karen M. Crowley, Esq., Crowley Law Firm / Norfolk
Nan Roberts Eitel, Esq., Executive Office for U.S. Trustees / Washington, DC
Douglas M. Foley, Esq., McGuireWoods LLP / Washington, DC
Margaret Garber, Esq., Assistant U.S. Trustee / Roanoke
Malissa L. Giles, Esq., Giles & Lambert, PC / Roanoke
Adam D. Herring, Esq., Executive Office for U.S. Trustees / Washington, DC
Dennis T. Lewandowski, Esq., Kaufman & Canoles, PC / Norfolk
Richard C. Maxwell, Esq., Woods Rogers PLC / Roanoke
Jennifer M. McLemore, Esq., Williams Mullen / Richmond
Erika L. Morabito, Esq., Foley & Lardner LLP / Washington, DC
Nisha R. Patel, Esq., Dunlap Law / Richmond
Brandy M. Rapp, Esq., Whiteford, Taylor & Preston L.L.P. / Roanoke
Stanley J. Samorajczyk, Esq. / Washington, DC
Roy M. Terry, Jr., Esq., The Terry Law Firm, PLLC / Richmond

Locations, Dates and Fees

LIVE 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.

LIVE LOCATION AND DATES

CHARLOTTESVILLE / Friday and Saturday, September 10 and 11
The Boar’s Head Resort (Venue Website / Google Map)
200 Ednam Drive
(844) 611-8066

COVID PRECAUTIONS

The Boar’s Head abides by all Centers of Disease Control and Prevention (CDC) guidelines, and is taking extra steps to keep everyone safe.  The Boar’s Head’s Coronavirus policies can be found at:  https://www.boarsheadresort.com/coronavirus


OVERNIGHT ACCOMMODATIONS

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 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: Click here.

If you would prefer to reserve via phone, if you need a reservation for dates before or after the contracted dates (check in September 9, check out September 11), or if you need to book more than two rooms, please call Boar’s Head Reservations at (434) 972-2250, 9 a.m.–5 p.m. seven days a week for assistance. Reference VA CLE Mid-Atlantic Bankruptcy PARTICIPANTS.

Homewood Suites
2036 India Road
Charlottesville, VA 22901
(434) 296-2181

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 2021 or the group code, VCL, 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 $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.

Register
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