38th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice 2023

MCLE Credits: 10.0
Ethics Credits Included: 1.0

Friday, September 15, 8:55 a.m.–5:20 p.m. ET and Saturday, September 16, 9:00 a.m.–12:30 p.m. ET Live on Site at The Boar's Head Resort 200 Ednam Dr. Charlottesville, VA 22903 Live Webcast Live Telephone
MCLE Credit:	10.0 (Ethics: 1.0)
Live-Interactive Credit:	10.0 (all dates, all formats)
Designation Credit:	10.0 Bankruptcy Practice; 1.0 Ethics (Designations Information)
Registration Fees:	Live on Site: $469 Webcast: $469 Telephone: $489

(Downloadable e-book seminar materials only. Printed materials will NOT be available.)

Information
Schedule
Faculty
Locations, Dates and Fees

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.
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 recently 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.

Supported by:

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, this is the region’s premier Advanced Bankruptcy Law program.

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.

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

OVERNIGHT ACCOMMODATIONS

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.

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.

This program is not eligible for New Lawyer, Government, Legal Aid, Law Student, Paralegal, or Pro Bono discounts. For ways to save, please consider an Elite Unlimited Pass or an Online+ Bundle.

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.

Inclement Weather Policy and Updates.

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 On Demand 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 15

8:30	Registration
8:55	Announcements and Introductions
9:00	Recent Developments for Advanced Bankruptcy Practitioners Hon. Kevin R. Huennekens, David W. Gaffey, Esq., Hannah W. Hutman, 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: Attorney-Client Privilege Issues in Bankruptcy Hon. Paul M. Black, Kathryn R. Montgomery, Esq., Stanley J. Samorajczyk, Esq. This panel will discuss the ethical duties of attorneys with respect to protecting privileged information of their clients in the bankruptcy context, including issues arising from a failure of a client to provide truthful or complete information and the application of crime-fraud and other exceptions to the attorney-client privilege.
11:35	Litigation Finance and Other Litigation Issues Peter J. Barrett, Esq., Lawrence A. Katz, Esq., Erika L. Morabito, Esq. This panel will discuss the availability of and proper use and limitations on litigation finance and provide practice pointers on pre-filing investigation of avoidance claims and potential defenses.
12:35	Lunch (provided at the seminar to those attending in person)
1:30	Hot Topics Hon. David L. Bissett, Tyler P. Brown, Esq., Brandy M. Rapp, 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, including third-party releases, ownership of cryptocurrency accounts, administrative priority claims, bankruptcy preclusion of statutory claims, automatic stay violations, and reach-back periods on avoidance claims.
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: Commercial Real Estate Workouts Douglas M. Foley, Esq., Christopher A. Jones, Esq. This panel will address the current commercial real estate marketplace, including the difficulty in refinancing commercial real estate loans, the expected rise in the need for workouts, and the strategies for using bankruptcy and non-bankruptcy tools to avoid foreclosure and find a solution. Commercial Breakout Topic 2: Developments in Subchapter V Reorganizations Hon. Keith L. Phillips, Paula S. Beran, Esq., David Cox, Esq. This panel will discuss the developing caselaw and their experiences in commercial cases involving the use of Subchapter V of Chapter 11 to reorganize debtors’ businesses. Consumer Breakout: Hot Topics in Consumer Cases Hon. Elizabeth L. Gunn, Malissa L. Giles, Esq., Richard C. Maxwell, Esq., Nisha R. Patel, Esq. This panel will address a number of hot topics for practitioners in consumer bankruptcy cases, including discharge of student loans, gambling debts, disclosure of and access to cryptocurrency, among others.
5:20	Adjourn
5:30	Reception at the Boar’s Head Resort

SATURDAY, SEPTEMBER 16

9:00	U.S. Trustee Program Michael St. Patrick Baxter, Esq., Lisa Tracy, Esq., Deputy General Counsel, EOUST, Nan Roberts Eitel, Esq., Associate General Counsel, EOUST This panel of senior representatives from the Executive Office for United States Trustees will discuss hot topics for their office in commercial and consumer bankruptcy cases.
10:00	Judges' Roundtable Hon. David L. Bissett, Hon. Paul M. Black, Hon. Elizabeth L. Gunn, Hon. Kevin R. Huennekens, 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	Circuit Splits Karen M. Crowley, Esq., Prof. Richard Hynes This panel will address some of the current splits among the U.S. Circuit Courts in the treatment of various issues arising under the Bankruptcy Code, including those that may be considered in the future by the U.S. Supreme Court.
12:30	Adjourn

Faculty

FACULTY

Hon. David L. Bissett, U.S. Bankruptcy Court, Northern District of West Virginia / Wheeling, WV
Hon. Paul M. Black, U.S. Bankruptcy Court, Western District of Virginia / Roanoke
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. Keith L. Phillips, U.S. Bankruptcy Court, Eastern District of Virginia / Richmond
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
David Cox, Esq., Cox Law Group, PLLC / Lynchburg
Karen M. Crowley, Esq., Crowley Law Firm / Norfolk
Nan Eitel, Esq., Associate General Counsel, EOUST / Washington, DC
Douglas M. Foley, Esq., Kaufman & Canoles, PC / Richmond
David W. Gaffey, Esq., Whiteford Taylor Preston, LLP / Falls Church
Malissa L. Giles, Esq., Giles & Lambert, PC / Roanoke
Hannah W. Hutman, Esq., Hoover Penrod PLC / Harrisonburg
Richard Hynes, Esq., Professor, University of Virginia School of Law / Charlottesville
Christopher A. Jones, Esq., Whiteford Taylor Preston, LLP / Falls Church
Lawrence A. Katz, Esq., Hirschler Fleischer, PC / Richmond
Richard C. Maxwell, Esq., Woods Rogers Vandeventer Black PLC / Roanoke
Kathryn R. Montgomery, Esq., Office of the U.S. Trustee / Richmond
Erika L. Morabito, Esq., Quinn Emanuel Urquhart & Sullivan, LLP / Washington, DC
Nisha R. Patel, Esq., Office of Kelly M. Barnhart / Suffolk
Brandy M. Rapp, Esq., Whiteford Taylor Preston, LLP / Roanoke
Stanley J. Samorajczyk, Esq. / Washington, DC
Roy M. Terry, Jr., Esq., The Terry Law Firm, PLLC / Richmond
Lisa Tracy, Esq., Deputy General Counsel, EOUST / Washington, DC

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 15 and 16
The Boar’s Head Resort (Venue Website / Google Map)
200 Ednam Drive
(844) 611-8066

OVERNIGHT ACCOMMODATIONS

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 under our block for $330, please follow booking link https://be.synxis.com/?Hotel=79183&Chain=22591&config=RBE&theme=RBE&arrive=2023-09-14&depart=2023-09-16&adult=1&child=0&group=7101 before August 1; after that date, the pricing will revert to the best available rate.

To make reservations by phone and get our special rate of $330, please call (844) 611-8066 and mention booking ID #7101. If you need a reservation for dates before or after the contracted dates (check-in September 14, check-out September 16), or if you need to book more than two rooms, please also phone Boar’s Head Reservations 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 Mid-Atlantic Bankruptcy or book by the unique group code MAB. Reservations must be made no later than 8/14/23.

Virginia CLE^® will provide live-on-site attendees a coupon code for 50% off any single publication of their choice. The code will expire two weeks after the seminar date.

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^®.

Inclement Weather Policy and Updates.

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.