THIRD ANNUAL BANKRUPTCY PRIMER

Transcription

1 The Central Florida Bankruptcy Law Association THIRD ANNUAL BANKRUPTCY PRIMER J A NUARY 27, 2012 E MBASSY SUITES DOWNTO W N ORLANDO 191 EAST PINE STREET ORLANDO, FLORIDA Hours CLER Incl u di ng 1 hour of Ethi c s Applied For

2 CENTRAL FLORIDA BANKRUPTCY LAW ASSOCIATION 2012 BANKRUPTCY PRIMER Events Schedule 8:00am 8:20am 8:20am 8:30am 8:30am 9:20am 9:20am 10:10am Registration Opening Remarks Initial Client Meeting Efficient Office Procedures for Effective Chapter 7 & 13 Practices, presented by Kenneth D. (Chip) Herron U.S. Trustee Insight Avoiding Lawyer Misconduct, the Means Test, Compensation, and 341 Meetings, presented by Charles R. Sterbach and Timothy S. Laffredi 10:10am 10:20am Break 10:20am 11:10am Exemptions Making the Most of Your Client s Constitutional and Statutory Rights, presented by Kevin E. Mangum 11:10am 12:15pm 13 Can be Your Lucky Number: Common Practices and Ways to Correct Mistakes Insight from the Chapter 13 Trustee, presented by Laurie K. Weatherford and Stuart Federer 12:15pm 1:30pm 1:30pm 2:40pm 2:40pm 3:30pm 3:30pm 3:40pm 3:40pm 4:30pm 4:30pm 5:20pm 5:20pm 6:30pm Luncheon Chapter 13 Mortgage Modifications Getting Great Modifications for your Clients, presented by Elizabeth Foshee McCausland, Robert Branson and Tammy Branson Law Clerks Stories from the Trenches Tips on Helping Your Case Survive and Landmines to Avoid, presented by Ann Nicole Kathan, Rebeca Malave, Megan W. Murray, and Kristina Garcia Szurkus Deficiencies The Clerks Top Ten List of Deficiency Notices Break Contested Matters What to Do When Litigation Ensues, presented by Justin M. Luna and Scott A. Underwood Judicial Panel featuring Chief Judge Karen S. Jennemann and the Honorable Arthur B. Briskman Cocktail Reception

3 SEMINAR SPEAKERS IN ORDER OF APPEARANCE Kenneth D. (Chip) Herron, Jr. attended the University of Alabama and received his B.A. Degree in He received his law degree in 1987 from Stetson University, College of Law, cum laude. Chip was admitted to the Florida Bar in He is also admitted to practice in the United States Court of Appeals, Eleventh Circuit, and the United States District Court in the Middle and Southern Districts of Florida. Chip is a member of the panel of Chapter 7 trustees in the United States Bankruptcy Court in Orlando, the American Bar Association, the Orange County Bar Association, the American Bankruptcy Institute, the National Association of Bankruptcy Trustees, and the Central Florida Bankruptcy Law Association. He serves as President of the Central Florida Bankruptcy Law Association. Certified in Business Bankruptcy by the American Board of Certification. Charles R. Sterbach has served as an Assistant U. S. Trustee since Charles obtained his law degree cum laude from Rutgers University School of Law Camden, and his LLM (Taxation) from the University of San Diego. Prior to joining the U. S. Trustee Program, he was a bankruptcy partner with several large firms in Phoenix, Arizona for more than 24 years, devoting most of his time to representing large Chapter 11 debtors, official creditors committees and secured lenders in a variety of successful reorganizations and related litigation matters, including clients in the airline, financial, hotels and restaurants, and software industries. He has been certified in business bankruptcy by the American Board of Certification since 1995, has been selected to Best Lawyers in America ( ) and Super Lawyers (Southwest, 2007; Texas ), and has obtained and A/V Rating from Martindale Hubbell. Since joining the U. S. Trustee Program, Charles also served as an instructor at the National Bankruptcy Training Institute in Columbia, South Carolina on multiple occasions. Timothy S. Laffredi is a Trial Attorney for the United States Trustee, Region 21, in Orlando, Florida. Tim graduated cum laude from Marquette University Law School in Milwaukee, Wisconsin in May He then worked for the next two years as Law Clerk to the Honorable Susan V. Kelley in the United States Bankruptcy Court for the Eastern District of Wisconsin. After completing his bankruptcy clerkship, Tim joined the United States Trustee Program through the Department of Justice Attorney General s Honors Program. Tim has been a Trial Attorney in the Orlando office since June 2007, and has represented the United States Trustee in chapter 7 and chapter 11 cases in both the Orlando and Jacksonville Divisions of the Middle District of Florida. During his time with the United States Trustee Program, Tim had the opportunity to spend a year on special detail in Washington, D.C., assisting the Civil Division of the DOJ in defending the President and the United States Government against habeas corpus petitions filed by detainees held at Guantanamo Bay, Cuba. Kevin E. Mangum is a shareholder at the law firm of Mangum & Associates. Born Jacksonville, Florida, April 23, 1966; Education: Florida State University (B.S. Finance and Real Estate, Minor, Psychology 1988; J.D. 1991). Judicial Law Clerk, U.S. Bankruptcy Judge, Northern District of Florida, Tallahassee Division, Lewis M. Killian, ( ); Voted Best Bankruptcy Attorney, Orlando Business Journal (1996) Member: Central Florida Inns Of Court #123 National Member (1993); Central Florida Bankruptcy Law Association; Central Florida Board Member, ; American Bankruptcy Institute; American Bar Association, Orange County Bar Association; Orange County Bar Association, Bankruptcy Sub-committee Member, Vice-Chair (2001). Admitted: 11 th Circuit Court of Appeals, U.S. District Courts, Middle and Southern Districts, Florida Bar. Practice Areas: Representation of Debtors and Creditors in Chapters 7, 11 and 13; Creditor Rights, I.R.S. Collection Matters and Dischargeability Issues; Assignment for the Benefit of Creditors, Landlord/Tenant disputes, Civil and Commercial litigation. Laurie K. Weatherford graduated from University of Florida, B.S. in 1978 with honors. She graduated from Cumberland School of Law of Samford University, J.D., cum laude, in She has served as Chairman of the Orange County Bar Association Bankruptcy Committee. She formerly served as a Chapter 7 Trustee prior to her appointment as Standing Chapter 13 Trustee for the Orlando Division. Stuart Ferderer graduated from the Thomas M. Cooley School of Law in Lansing, Michigan in He was a law clerk for the Legal Drafting Division of the Michigan Legislative Service Bureau. He has represented debtors and creditors in the Middle District of Florida since 1988.

4 SEMINAR SPEAKERS CONTINUED IN ORDER OF APPEARANCE Elizabeth Foshee McCausland earned a Bachelor of Arts degree from the University of Florida in 1994 and her Juris Doctor degree from the University of Florida School of Law in While at the University of Florida, she focused her studies in the area of Civil Litigation, and served as a Legal Intern in the UF Civil Clinic. She also was a member of the University of Florida Trial Team and the Williams Inns of Court. Prior to starting her own firm, Ms. McCausland practiced general civil litigation including personal injury, premises liability, bankruptcy, and simple dissolutions at Cooney Mattson Lance Blackburn Richards & O Connor PA. She now concentrates her practice in these areas as well as mediations. She is a Supreme Court Certified Circuit Civil Mediator. Ms. McCausland is a member of the Florida Bar Young Lawyers Division Board of Governors, the Orange County Bar Association (Board Member), Central Florida Association for Women Lawyers (Past Treasurer), Central Florida Bankruptcy Law Association, Asian Chamber of Commerce, Florida Defense Lawyers Association, and Defense Research Institute. Most recently Ms. McCausland was awarded the Legal Aid Society Pro Bono Award Certificate and the Orange County Bar Associations 2007 Young Lawyers Lawrence G. Mathews Professionalism Award. She also serves on the Advisory Board for Devereux Foundation and the Florida Bar s Committee to Study the Decline in Jury Trials. Robert Bailey Branson is an attorney focusing on consumer bankruptcy for over twenty years in the Orlando area. He served proudly in the United States Army from 1978 to He obtained his Bachelor of Arts degree from the University of Central Florida in 1985 and a Juris Doctorate from the University Of Florida College Of Law in He is a member of the Central Florida Bankruptcy Law Association and the current Chair of the Orange County Bankruptcy Committee. He is a mediator with the United States Bankruptcy Court and as mediator has performed over 100 mortgage mediations. As Debtor Counsel he has completed nearly 100 mortgage modifications since the program s inception. Tammy Branson is a senior paralegal at the Law Office of Robert Branson for over 15 years in Orlando. She has been a Certified Bankruptcy Assistant since She is a member of the Central Florida Bankruptcy Law Association and the Association of Bankruptcy Judicial Assistants. She has presented topics covering Chapter 13 issues and Mortgage Modifications to the Central Florida Bankruptcy Law Association Paralegal Subcommittee. Ann Nicole Kathan hails from LaCrosse, Wisconsin. She graduated from St. Olaf College in Northfield, Minnesota with Bachelor of Arts degrees in Norwegian and English. She then lived and studied in Oslo, Norway for a time. She received her J.D. in 1994 from the American University, Washington College of Law in Washington, D.C. Ann practiced law in the Washington, DC area for more than ten years specializing in bankruptcy, creditor s rights, and business law. Ann and her husband moved to Cocoa Beach, Florida in August 2005 and she immediately lost her tolerance for cold weather. She became the career law clerk for the Honorable Arthur B. Briskman in When Ann is not drafting legal opinions and briefings, she spends her time chasing after and entertaining her twin daughters who just turned three years old. Rebeca Malave is originally from San Juan, Puerto Rico. She obtained her undergraduate degree in business and her J.D. from the University of Puerto Rico School of Law. In 2004, Rebeca joined the chambers of the Honorable Sara de Jesus of the United States Bankruptcy Court for the District of Puerto Rico, where she served as a career law clerk until Upon conclusion of her clerkship, she joined a consumer debtor law firm as a bankruptcy associate until she relocated to Orlando, Florida in August By the end of 2010, Rebeca joined the Bankruptcy Litigation Group at Baker & Hostetler LLP as a bankruptcy paralegal. In July 2011, she came to her current position as law clerk to the Honorable Karen S. Jennemann and the Honorable Arthur B. Briskman. Rebeca enjoys traveling around Florida and visiting new places with her family during the weekends. Rebeca is fluent in Spanish and English. Megan W. Murray is currently the law clerk for the Honorable Karen S. Jennemann. She spent her young childhood in the Tampa-St. Petersburg area, but came to Orlando from Iowa where she received a Bachelor of Business Administration and a J.D. from the University of Iowa. During the eight years in between her graduate studies, Megan worked at AEGON, a global insurance company. She held a number of positions within AEGON's commercial real estate subsidiary, including Senior Real Estate Analyst for the special servicing group and Acquisitions Officer for the Investments Division. When Megan is not in Chambers, she spends her time traveling and circumnavigating the world by sailboat.

5 SEMINAR SPEAKERS CONTINUED IN ORDER OF APPEARANCE Kristina Garcia Szurkus is originally from Miami, FL. She graduated from Vanderbilt University in Nashville, Tennessee with a Bachelor of Arts in Political Science and received her J.D. from Emory University School of Law in She practiced law with Latham & Watkins in San Diego, California, specializing in white collar criminal defense and healthcare litigation. After a hiatus during which she and her husband lived in Iceland and Spain, Kristina became a career law clerk to the Honorable Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit. In March 2011, she came to her current position as law clerk to the Honorable Arthur B. Briskman and the Honorable Karen S. Jennemann. When not in the courthouse, Kristina enjoys chasing after her young son on his new bike and relaxing on the porch with a good book. Justin M. Luna has represented business entity debtors, secured creditors, purchasers, trustees, examiners, receivers as well as individuals in all aspects of Chapter 11 bankruptcy proceedings, bankruptcy related litigation, assignment for the benefit of creditors proceedings, foreclosure and receivership actions as well as loan workouts. Notable representations includes: The Vue at Lake Eola, Furniture Country Gallery and Goodings Supermarkets. Justin also has experience handling international litigation and cross border arbitration proceedings as well as representing business owners in international business transactions. Prior to joining Latham, Shuker, Eden & Beaudine, LLP, Justin was an associate in the Orlando office of GrayRobinson, P.A. Prior to his legal career, Justin spent time working as a business consultant. While in law school, Justin was an extern for the Honorable Karen S. Jennemann, Bankruptcy Judge for the Middle District of Florida. He also served as the Executive Research Editor for the Florida Journal of International Law and was a member of the International Commercial Arbitration Moot Court where he competed in the World Finals in Vienna, Austria. Scott A. Underwood has experience in bankruptcy, distressed business situations, and business workouts, with a focus on Chapter 11 bankruptcies and related litigation. He has represented clients in bankruptcy cases, insolvency related litigation, director and officer liability litigation, assignments for the benefit of creditors, receiverships, and out of court workouts and restructurings. In that capacity, Mr. Underwood has represented distressed businesses, Chapter 11 debtors, secured and unsecured creditors, bankruptcy trustees, creditors committees, liquidating trustees, and parties acquiring assets from bankruptcy cases. Following law school, Mr. Underwood served as law clerk for the Honorable Maurice M. Paul, District Court Judge for the United States District Court, for the Northern District of Florida. Mr. Underwood is a member of the American Bankruptcy Institute and the Bankruptcy Bar Association. Chief Judge Karen S. Jennemann was appointed to the United States Bankruptcy Court for the Middle District of Florida, Orlando Division, in November, Prior to her appointment, Judge Jennemann was a shareholder in the law firm of Mahoney Adams & Criser, P.A., Jacksonville, Florida, where she specialized in bankruptcy law, and an associate at Smith Hulsey & Busey, Jacksonville, Florida. She also served as a law clerk to the Honorable Robert Doumar, United States District Court for the Eastern District of Virginia, Norfolk Division. Judge Jennemann received her J.D. degree from the Marshall Wythe School of Law at the College of William and Mary, Williamsburg, Virginia, a Masters in Liberal Studies from Rollins College, and received her undergraduate degree from Northern Arizona University in Flagstaff, Arizona. Honorable Arthur B. Briskman graduated with a Doctor of Jurisprudence from Cumberland School of Law of Samford University. He formerly served as Attorney to the United States Senate Judiciary Committee. He currently serves as United States Bankruptcy Judge for the Orlando Division, Middle District of Florida.

6 REGISTRATION FORM FOR SEMINAR SECOND ANNUAL BANKRUPTCY PRIMER 2010 Registration Deadline is January 20, 2012 Attorneys $ members $200 non-members Law Students, Paralegals and Staff $ Registration fee includes a flash drive with all seminar materials loaded. No printed materials will be provided. NAMES OF ATTENDEES Amount Total Amount Enclosed $ COMPANY NAME: ADDRESS: PHONE NUMBER Please make checks payable to Central Florida Bankruptcy Law Association and mail to: Central Florida Bankruptcy Law Association P.O. Box 2295 Orlando, Florida For questions contact Kelly Crumbaker at kcrumbaker@cfl.rr.com