37th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice 2022

MCLE Credits: 10.0
Ethics Credits Included: 1.0

Friday, September 9, 8:55 a.m.–5:20 p.m. E.T.
and Saturday, September 10, 9:00 a.m.–12:30 p.m. E.T.

Learn more about Virginia CLE webcast format
Learn more about Virginia CLE telephone format
MCLE Credit: 10.0 (Ethics: 1.0)
Live-Interactive Credit: 10.0 (all dates, all formats) Live Interactive MCLE Credit Symbol
Designation Credit: 10.0 Bankruptcy Practice; 1.0 Ethics (Designations Information)
Registration Fees: Live on Site: $469 regular registration
Webcast: $469
Telephone: $489

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 experts in the field.
  • Live-on-site attendees may choose between commercial and consumer breakout sessions on Friday afternoon specifically designed for practitioners in these areas.
  • Network with your colleagues at the Boar’s Head Resort—catch up with old friends and meet new ones. Socialize at the reception held following Friday’s afternoon sessions.
  • Relax and indulge in the amenities at the newly renovated Boar’s Head Resort situated in Virginia’s scenic Piedmont countryside.
  • Option to attend the 10-hour program virtually via live-interactive webcast or telephone: Enjoy this can’t-miss program from the convenience of your home or office, and still be able to ask questions of the speakers.

The region’s premier Advanced Bankruptcy Law program offers 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.

This year you may attend the full, 10-hour Mid-Atlantic Institute: (1) in person, live on site at the Boar's Head Resort, OR (2) virtually via live-interactive webcast or telephone. Attendees at the Boar’s Head Resort will have the option on Friday afternoon to attend the commercial or the consumer breakout sessions; for webcast and telephone attendees, only the commercial breakout sessions will be presented.



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.


COVID-19 POLICY FOR LIVE-ON-SITE ATTENDANCE

By attending a live-on-site Virginia CLE® seminar, you acknowledge the health risks associated with COVID-19 and that you MUST follow all Virginia CLE® COVID-19 policies. You may NOT attend a live-on-site program if you have tested positive for COVID-19, if you are experiencing COVID-19 symptoms, or if you are under any self-quarantine orders per CDC guidelines.

Click here for details about the Virginia CLE® COVID-19 policyPlease revisit the webpage routinely for updates as we are monitoring the evolving COVID-19 situation. All updates to this policy will be emailed to registrants.
(Last updated March 2, 2022)

This program is not eligible for discounts. 


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
Live on Site: Online registration ends at 11:59 p.m. the day preceding the seminar
Walk-in registration is permitted on a space-available basis

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $99 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 9

8:30 Registration
8:55 Announcements and Introductions
9:00 Recent Developments in Bankruptcy Law
Hon. Kevin R. Huennekens, Brittany J. Nelson, Esq., Jennifer E. Wuebker, 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:  Wish I Knew Then What I Know Now
Hon. Keith L. Phillips, Richard C. Maxwell, Esq., Stanley J. Samorajczyk, Esq.

The members of the panel will discuss ethical aspects of lawyer impairment, conflicts, failure to communicate with clients, and cyber security from their perspective gained over many years of bankruptcy practice.

11:35 Trial Practice Pointers for Evidentiary Hearings in Bankruptcy Court
Hon. Brian F. Kenney, Erika L. Morabito, Esq.

This panel will provide practice pointers on common mistakes, missed opportunities, and best practices in the examination of witnesses, presentation of evidence, and making of arguments in evidentiary hearings in the bankruptcy court.
12:35 Lunch (provided at the seminar to those attending in person)
1:30 Hot Topics Panel
Hon. Klinette H. Kindred, David Cox, Esq., Bradford F. Englander, 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, contempt powers after Taggart, tax issues, bifurcated fee agreements, the application of Rule 3002.1, property of the estate issues relating to conversion, subchapter V conversion and discharge issues, considerations after Siegel v. Fitzgerald, and other hot topics.
3:00 Break
3:20 Concurrent Sessions (those attending in person at the Boar’s Head Resort may choose to attend the commercial or consumer breakout sessions; only the commercial breakout sessions will be presented to those attending via webcast or telephone)

 

Commercial Breakout Topic 1:  Use of Independent Directors and Board Committees in Chapter 11 Cases
Tyler P. Brown, Esq., Douglas M. Foley, Esq., Erika L. Morabito, Esq.

This panel will address the increasing use and proper roles of independent directors on the board of a chapter 11 debtor, and independent committees of the board, in preparation for and during the bankruptcy case.  The panel will explore the tactic of appointing independent directors to investigate the viability of claims owned by the debtor, recommend settlement of claims and proposed releases, and to otherwise reconcile inter-company matters for which certain board members may be conflicted.

Commercial Breakout Topic 2:  Employee Compensation Issues in Chapter 11
Hon. David M. Warren, Sarah B. Boehm, Esq., Brandy M. Rapp, Esq.

This panel will discuss the limits and risks of pre- and post-bankruptcy executive retention and bonus programs, the ability to continue or modify employee compensation and bonus programs post-petition, and recent developments on the treatment of claims arising out of violations of the WARN Act.

Consumer Breakout Topic 1:  Hot Topics in Consumer Cases
Hon. Elizabeth L. Gunn, Karen M. Crowley, Esq., Hannah W. Hutman, Esq.

This panel will address a number of hot topics for practitioners in consumer bankruptcy cases, including Subchapter V cases, updates on recent changes to the dollar limits for Chapter 13, exemptions, dismissals before confirmation, and other bankruptcy provisions.

Consumer Breakout Topic 2:  Real Estate Issues in Consumer Cases
Hon. Elizabeth L. Gunn, Malissa L. Giles, Esq., Deanna Hathaway, Esq.

This panel will address a variety of issues involving real estate that arise in consumer bankruptcy cases, including matters concerning market appreciation during the case, HOA dues, exemptions, relief from stay, and missed mortgage payments, among others.

5:20 Adjourn
5:30 Reception at the Boar’s Head Resort

SATURDAY, SEPTEMBER 10

9:00 U.S. Trustee Program
Michael St. Patrick Baxter, Esq., Nan Roberts Eitel, Esq., Associate General Counsel, EOUST, Margaret Garber, Esq., Assistant U.S. Trustee (Roanoke), Adam D. Herring, Esq., Associate General Counsel, EOUST

This panel of senior representatives from the Executive Office for United States Trustees and the Office of the United States Trustee for Region 4 will discuss the U.S. Trustee Program’s position on some important issues in commercial and consumer bankruptcy cases including third-party releases, bifurcated fee agreements, trustee fee appeals, and virtual Section 341 meetings.
10:00 Judges' Roundtable
Hon. Elizabeth L. Gunn, Hon. Kevin R. Huennekens, Hon. Brian F. Kenney, Hon. Klinette H. Kindred, Hon. Keith L. Phillips, Hon. David M. Warren
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 Predictions for the Economy and Restructuring Practice
Adrian Keevil, William Rule

This panel will address the impact of inflation, the war in Ukraine, and other events on economic conditions in the United States and what those conditions likely mean for restructuring practice, including in both commercial and consumer bankruptcy cases.
12:30 Adjourn

Faculty

FACULTY

Hon. Elizabeth L. Gunn, U.S. Bankruptcy Court, District of Columbia / Washington, DC
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
Hon. David M. Warren, U.S. Bankruptcy Court, Eastern District of North Carolina / Raleigh, NC
Michael St. Patrick Baxter, Esq., Covington & Burling LLP / Washington, DC
Sarah B. Boehm, Esq., McGuireWoods LLP / Richmond
Tyler P. Brown, Esq., Hunton Andrews Kurth LLP / Richmond
David Cox, Esq., Cox Law Group, PLLC / Lynchburg
Karen M. Crowley, Esq., Crowley Law, PC / Norfolk
Nan Roberts Eitel, Esq., Executive Office for U.S. Trustees / Washington, DC
Bradford F. Englander, Esq., Whiteford, Taylor & Preston, LLP / Falls Church
Douglas M. Foley, Esq., McGuireWoods LLP / Richmond
Margaret Garber, Esq., Executive Office for U.S. Trustees /Roanoke
Malissa L. Giles, Esq., Giles & Lambert, PC / Roanoke
Deanna Hathaway, Esq., Hathaway Adair, PC / Richmond
Adam D. Herring, Esq., Executive Office for U.S. Trustees / Washington, DC
Hannah W. Hutman, Esq., Hoover Penrod PLC / Harrisonburg
Adrian Keevil, Ph.D., Partner and Investment Manager, PlusTick Partners / Charlottesville
Richard C. Maxwell, Esq., Woods Rogers Vandeventer Black PLC / Roanoke
Erika L. Morabito, Esq., Quinn Emanuel Urquhart & Sullivan, LLP / Washington, DC
Brittany J. Nelson, Esq., Quinn Emanuel Urquhart & Sullivan, LLP / Washington, DC
Brandy M. Rapp, Esq., Whiteford, Taylor & Preston, LLP / Roanoke
William Rule, Senior Economist, Administrative Offices of the U.S. Courts / Washington, DC
Stanley J. Samorajczyk, Esq. / Washington, DC
Roy M. Terry, Jr., Esq., The Terry Law Firm, PLLC / Richmond
Jennifer E. Wuebker, Esq., Hunton Andrews Kurth LLP / Richmond

Locations, Dates and Fees

LIVE REGISTRATION FEES (All registrants will receive access to a complete set of downloadable e-book seminar materials. Printed materials will NOT be available.)

$469 regular registration (includes lunch, reception, and continental breakfasts).
$499 on-site registration (if space is available) (lunch, reception, and continental breakfasts included).

WEBCAST FEE: $469
TELEPHONE FEE: $489


LIVE LOCATION AND DATES

CHARLOTTESVILLE / Friday and Saturday, September 9 and 10
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

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

Our room block has been filled, but you can check on availability of accommodations by calling Boar’s Head Reservations at (866) 996-7504 for assistance.

Homewood Suites

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

We have a room block available at Homewood Suites. Reservations can be made by directly calling the hotel at 434-244-6200 or by booking online at www.charlottesville.homewoodsuites.com. In doing so, please request the group rate for Virginia Continuing Legal Education or book by the unique group code VCE. Reservations must be made no later than 8/8/22.


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


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. No printed materials will be available.

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.


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.

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