2017

Is Technology Creating Liability for Lenders? Stay Now or Pay Later: The Discharge Injunction

Qui Tam Cases in Bankruptcy Court; Applicability of the Automatic Stay under § 364; Are You Exhausted Yet? Better Take a Look at Those Administrative Remedies

Equal Monthly Payments; Consequences of Surrender and Pay Direct; Rule 3001(c) issues; Fee-Shifting under Rule 3002.1; Circuit Splits on Service of Objections to Claims and Bar Dates for Secured Creditors; Unscheduled Claims

Lien-Perfection Issues; Ethical Considerations for Debtors’ Counsel; Authority to File; Creditor Standing to Prosecute Estate Claims; Cash Collateral/Adequate Protection

Attorney/Client Privilege and the Crime/Fraud Exception; Busting Up “Bankruptcy Remote” Entities

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