abiLIVE Webinars

Hosted by the Consumer Bankruptcy Committee The CFPB enacted certain changes for 2017 and 2018 which bring about fundamental changes in the practice and daily life of consumers, servicers, trustees and bankruptcy practitioners. The new rules add additional forms and heightened requirements that will affect the daily practice of anyone involved in the mortgage and lending world. The program seeks to walk attendees through the highlighted changes which will specifically impact the parties involved in a bankruptcy case, with an eye towards what to expect, areas that are impacted, and potential 'danger zones' that will require additional foresight and attention. Recorded on Thursday, October 12, 2017 View Materials

This webinar is geared to attorneys participating as advocates in mediations. It is intended to provide guidance for attorney advocates on how to select mediators, prepare themselves and their clients for mediation, and how to formulate negotiating strategies for use in the mediation. This program will also include tips for ensuring the attorney advocate and the client have properly formulated a risk assessment and negotiating strategy in advance of the mediation, as well as tips for dealing with impasse. Hosted by the Mediation Committee Recorded on Tuesday, September 12, 2017 View Materials

The panelists for this webinar will discuss the various types of health care cases and the competing interests that arise from a number of perspectives, including debtor, creditor, and provider-side interests. The panel will provide an overview of the uniqueness of bankruptcy health care cases and identify proven strategies to assist practitioners to guide unsecured creditors through these difficult and often complex reorganizations. View Materials

Hear a stimulating, high energy discussion involving a debtor's attorney, a chapter 12 trustee and a bankruptcy judge sharing the special and surprising aspects of chapter 12. Learn tips to navigate the challenges and to evaluate this chapter choice. Topics covered will include farmer and fisherman bankruptcies, cramming down homes, long term amortizations, tax benefits, and eligibility requirements. This program is not just for chapter 12 practitioners - all bankruptcy practitioners and judges will enjoy this one hour overview of one of the most fascinating chapters of the Code. View Materials

In 2010, at the height of the last economic downturn, there were almost three million foreclosure filings nationwide. It therefore is not surprising that almost all insolvency professionals will confront foreclosure at some point, either representing a lender considering a foreclosure filing or whose claim is affected by one, or a borrower facing threats of foreclosure. This Webinar will provide experienced and novice practitioners alike with the tools needed to advise on these situations. Following a brief overview of foreclosure and how it works, the Webinar will address current trends in foreclosure actions, including UCC issues, impediments to lenders foreclosing (e.g., Bank Secrecy Act, repository issues) and alternatives to foreclosure, and a comparison between foreclosure and bankruptcy (including approaches to asset sales, treatment of prepayment penalties, bad boy guarantees and restrictions on filing for bankruptcy). View Materials

The Asset Sales Committee will host a webinar on the roles of secured, undersecured and unsecured creditors and committees in asset sales and bidding processes involving complex capital structures. The discussion will focus on the challenges and complications that can arise in seeking an expedited sale free and clear of claims and liens and means by which creditors and committees can use the sale process to their advantage. View Materials

The ABI Bankruptcy Litigation Committee presents a must-see webinar for bankruptcy practitioners about the appeals process. The panel will explore the nuts and bolts of bankruptcy appeals – the statutes, rules, and decisions governing how to obtain appellate review of different types of bankruptcy court orders and the mechanics of initiating and prosecuting appeals. The panel will also discuss the differences between the district court and the BAP appeals, as well as procedures for direct appeals to circuit courts. Finally, the panel will turn to strategic considerations, including whether and how to obtain a stay pending appeal, standards of review, and — most importantly — how to win your appeal. The distinguished panel of appellate judges and practitioners will offer their views on best practices for brief writing and conducting persuasive oral arguments in both intermediate appellate courts and circuit courts, as well as common errors to avoid in oral argument. View Materials

HOSTED BY THE SECURED CREDIT AND YOUNG & NEW MEMBERS COMMITTEES This program will provide an introduction to the most common types of intercreditor and subordination agreements involved in transactions today and will highlight drafting considerations and points of negotiation involved in each. Additionally, the panelists will provide an overview of important bankruptcy court decisions involving the interpretation and enforceability of intercreditor agreements and subordination agreements and will provide insight about how intercreditor and subordination agreements have changed (or should change) in response.

Moderator Thomas L. Canary, Jr., Fenton & McGarvey, P.S.C. Mr. Canary is a Senior Attorney at Fenton & McGarvey, P.S.C. and is the former President of Mapother & Mapother, P.S.C. Tom concentrates his practice in the areas of bankruptcy, collections, and creditors rights. Mr. Canary is admitted to practice law in the states of Kentucky, Indiana, West Virginia and Ohio, the federal district courts in all those states, as well as the Sixth Circuit Court of Appeals. Mr. Canary is a past Secretary of NARCA and past co-chair of its Education Committee. He is also Vice-President of the Kentucky Creditors' Rights Bar Association. He is the current author and editor of Kentucky Collections published by Thompson-Reuters. Presenters John Bollinger, Boleman Law Firm, P.C. John R. Bollinger is a shareholder in the Boleman Law Firm that focuses exclusively in the area of consumer bankruptcy law and is the largest consumer bankruptcy practice in Virginia. Boleman Law Firm has offices in Richmond, Virginia Beach and Hampton, Virginia. John is currently the Managing Partner of the Firm’s Virginia Beach and Hampton offices. A graduate of the T.C. Williams School of Law at the University of Richmond, John is a frequent speaker at local, regional and national organizations. He has served on several association boards throughout his years of practice and previously served as the President for the Tidewater Bankruptcy Bar Association. John is an editor for ABI’s VOLO project. Additionally, he has been recognized by Super Lawyers as a Virginia Rising Star in the area of Consumer Bankruptcy Law. Corinne Heggie, Scharf Banks Marmor LLC Corinne C. Heggie practices at Scharf Banks Marmor, LLC in Chicago, the largest majority women owned law firm in the Midwest. Previously, Ms. Heggie founded Heggie Law LLC after practicing over fifteen years at an international law firm defending creditor’s rights in federal and state courts across the country in class and individual actions filed under the FDCPA, FCRA, TCPA and EFTA and their state law corollaries. Ms. Heggie has speaks on issues important to the class action and creditor’s defense bars, most recently regarding the Pressler Consent Order’s bar on pre-judgment litigation discovery at the NARCA Fall Conference and United States Supreme Court’s Gomez decision and its impact on Rule 68 Offers of Judgment at the Chicago Bar Association. Ms. Heggie is admitted to practice in Illinois and Missouri and federal courts throughout the Sixth, Seventh, and Eight Circuits.

HOSTED BY THE CONSUMER BANKRUPTCY COMMITTEE The webinar will provide an overview of the National Form Plan and the opt-out compromise, as well as an update on the current status of the proposed rules. There will be a presentation about the other changes to the Federal Rules of Bankruptcy Procedure. Speakers will also lead a discussion of the requirements of Rule 3015.1 for courts choosing to opt out of the National Form Plan. Speakers: Hon. Rebecca B. Connelly U.S. Bankruptcy Court Western District of Virginia Harrisonburg Hon. Marvin Isgur U.S. Bankruptcy Court Southern District of Texas Houston Hon. Brian D. Lynch U.S. Bankruptcy Court Western District of Washington Tacoma View Materials