38th Annual Bankruptcy Institute

Transcription

1 Bankruptcy 38th Annual Bankruptcy Institute LIVE Friday-Saturday, November 6-7, 2015 Pinehurst Resort, Pinehurst VIDEO REPLAYS Cary NC Bar Center Tue. Wed., Feb , 2016 Charlotte Hampton Inn and Suites Wed. Thu., Jan , 2016 See registration form for more video replay options. CLE CREDIT: 9.75 Hours including 1.0 Hour Substance Abuse/ Menal Health Qualifies for NC State Bar Bankruptcy Law Specialization Credit Program Summary and Highlights Some things old and some things new, some loans were made and now debts have come due... The 38th Annual Bankruptcy Institute features a roster of dynamic speakers, who impart practical knowledge and advice about the latest developments and trends in bankruptcy. The Institute features general presentations applicable to all bankruptcy attorneys, including a keynote address by Jill Michaux, from the Federal Bankruptcy Rules Committee, about the new bankruptcy forms going into effect later this year. Additionally, there is a panel comprised of bankruptcy judges from each of the three districts in North Carolina discussing their views from the bench. Professor C. Scott Pryor, Campbell Law School s new bankruptcy professor gives his take on the latest round of bankruptcy decisions by the Supreme Court. The Institute also offers breakout sessions concentrated on consumer and business bankruptcy issues that are common to North Carolina practice. Professor Susan Hauser provides some fresh and new tools for dealing with student loan debts. Professor Brian Clarke discusses depression and anxiety in the practice of law. Learn from seasoned attorneys about key issues regarding the intersection of domestic/family and bankruptcy. Examine important business bankruptcy matters, including advice about fiduciary duties of the players in bankruptcy cases, 1111(b) elections and crowdfunding as the latest method or funding startup businesses. Planned by the NCBA Bankruptcy Section The North Carolina Bar Association Foundation is accredited by the North Carolina State Bar as a provider of continuing legal education. twitter #NCBACLE facebook facebook.com/ncbaorg

2 38th Annual Bankruptcy Institute #471ABI Friday Saturday, November 6 7, 2015 FOUR WAYS TO REGISTER ONLINE* PHONE* FAX* MAIL** Attn: Accounting, NCBA Foundation, P.O. Box 3688, Cary NC *Credit cards only. **Please make checks payable to the NCBA Foundation. LIVE VIDEO REPLAY (VR) Select format and tuiton rate below. REGISTRANT TYPE NCBA Bankruptcy Section Member NCBA Member Non-member Full-time LANC Attorney (NCBA member) CLE Passport Holder Judge (NCBA Member) Clerk of Court (NCBA Member) Law Professor (NCBA Member) Law Student Division Member Paralegal Division Student Member EARLY BIRD TUITION Postmarked 7 days prior to live program date. $415 $435 Live VR (see below $510 These categories do not qualify for Early Bird tuition. These categories do not qualify for Early Bird tuition or include any MCLE fees. REGULAR TUITION Postmarked less than 6 days prior to live program date. $490 $510 $ Tokens VIDEO REPLAY LOCATIONS Select your location. For details, see Cary February 16-17, 2016, 9:00a #471BAR Wilmington January 25-26, 2016, 9:00a #471WLM Charlotte January 27 28, 2016, 9:00a #471CHA Asheville January 28-29, 2016, 9:00a #471ASV REGISTRANT INFORMATION Please fill in the blanks. Print Full Name: Firm/Organization Name: Address: City, State and ZIP: Daytime Phone Number: Address: NC State Bar No. (Required for MCLE Credit): PAYMENT Registration is processed only after payment is received. Please print clearly. Enclosed is a check, payable to the NCBA Foundation. Please charge my credit card. Card Number: Expiration Date: Signature:

3 Program Agenda Friday, November 6, 2015, 7:45a 4:45p (6.25 hours) 7:45a Registration and Continental Breakfast 8:25 Welcome and Introductions J. Marshall Shelton 8:30 Get Ready For Change: New Forms, New Rules, New Look - Keynote Presentation (Sponsored by Stubbs & Perdue PA) Jill A. Michaux All but six official bankruptcy forms will be replaced with substantially revised, reformatted, renumbered and modernized versions on December 1, You are introduced to the new forms, one new rule and the proposed national Chapter 13 plan form. 9:45 Break (Sponsored by Rogers Realty & Auction Company Inc.) 10:00 Fiduciaries Gone Wild S. Gregory Hays, P. Wayne Sigmon and Thomas W. Waldrep Jr. A thoughtful and sometimes humorous look into the duties and responsibilities of trustees and other fiduciaries under the Bankruptcy Code which will help the bankruptcy practitioner know how to deal with troublesome trustees and make their dealings with all trustees run smoother. 11:15 Judges Panel Chief Judge Laura T. Beyer, Judge Benjamin A. Kahn and Judge David M. Warren A panel of three of our Bankruptcy Judges gives their thoughts on recent issues in the practice. 12:15p Networking Lunch (included at Live program only) NCBA Bankruptcy Law Section Annual Meeting and Lifetime Achievement Award John C. Bircher III, White & Allen PA, New Bern, presiding Section Chair Business Breakout Sessions 1: (b) Elections George F. Sanderson III A discussion of what they are, when to make them and whether they are still relevant. 2:45 Business as Usual in Chapter 11 Mark Jones, Elaine Rudisill and Matthew W. Smith A guide to successful Chapter 11 from pre-filing to employing the right people to managing the company and getting to confirmation. 3:30 Break 3:45 Crowdfunding and Legislative Update Jeremy Todd Browner Crowdfunding is the new thing for funding startup businesses, but how is it dealt with when the startup files bankruptcy? Can it be used to fund a Chapter 11 and other questions regarding the newest trend in business funding? Also a legislative update on what is new out of Raleigh. Consumer Breakout Sessions 1:45 The Student Loan Mess Professor Susan E. Hauser A toolbox of out of the box ideas for dealing with student loan debts by one of the nation s leading student loan experts. 2:45 At the Intersection of Family Law and Bankruptcy Ledford A. James Jim Siemens A helpful guide to common domestic issues that arise in consumer bankruptcy cases and how to handle them or who to call when things go sideways.

4 3:45 The Mini-11 or Using Chapter 13 for the Self-Employed or Small Business Owner Joseph Jody Alton Bledsoe III and Justin W. Kay How to handle various issues when Chapter 13 is needed by the self-employed or sole proprietor of a small business, including sales of property, operating the business and other issues which are more commonly associated wtih Chapter 11 than Chapter 13. 3:45 Chambers Management (No MCLE credit) Jeanette M. Stark and B. Reid Wilcox Jr. This presentation is designed specifically for judge s law clerks on issues related to chambers management and administration. 5:00 Networking Reception (Sponsored by Anderson Bauman Tourtellot Vos and Iron Horse Auction Company Inc.) Saturday, November 7, 2015, 8:00a 12:30p (3.5 hours) 8:00a Continental Breakfast 8:25 Announcements Business Breakout Session 8:30 Target Practice: Lenders in the Crosshairs Lisa P. Sumner There s never a shortage of new and creative theories aimed at lenders. Come hear what s loaded in borrowers shotguns these days. we ll focus on theories asserted under North Carolina law, including contract, tort and statutory claims. Consumer Breakout Session 8:30 Mediation as Another Tool in the Consumer Lawyers Toolbox M. Ann Anderson and Jeffrey E. Oleynik When and how to utilize mediation as a way to get the creditor to the table and solve issues that arise in representing consumer debtors. 9:30 Break 9:45 General Session SCOTUS Update What Have They Done This Time? Professor C. Scott Pryor An update on recent Supreme Court cases and an analysis of what the impact of those decisions might be by Campbell Law School s newest professor. 10:30 Break (Sponsored by Davis Forensic Group) 10:45 Depression and Anxiety in the Practice of Law Professor Brian S. Clarke Brian Clarke shares his experience as an attorney, husband and father battling depression. Diagnosed with severe clinical depression in 2005, Brian discusses his symptoms and struggles prior to diagnosis; taking FMLA leave from work in order to obtain treatment; the value of peer support through the North Carolina State Bar s Lawyer Assistance Program (LAP); managing his illness through a combination of medication and therapy; and the hope that he feels today. 11:45 Case Update Matthew T. Houston, Jennifer Lyday and Ethridge Brittin Britt Ricks An update of recent Fourth Circuit and North Carolina Bankruptcy Court decisions. Indicates portion providing Substance Abuse/Mental Health credit FINE PRINT REGISTRATION Registrations are limited by space, and may include a live video broadcast overflow room. TRANSFERS Registrants may transfer from a Live program, Video Replay, Webcast, Webinar or Phone/Audio Streaming Program without penalty within three business days after the program date. CANCELLATIONS Cancellations must be received by 9:00 a.m. the third business day prior to the program to qualify for a refund (less administrative fee). Those not attending will receive the digital program materials in full consideration of tuition paid. MCLE CREDIT The North Carolina Bar Association Foundation is an accredited CLE sponsor under the MCLE Regulations promulgated by the NC State Bar Board of Continuing Legal Education. This program is approved (but not sponsored) by the Board for the designated number of CLE hours. Each attorney must maintain a record of his/her attendance for the NC State Bar annual report. MCLE credit is reported by NCBA Foundation only if a NC State Bar number is provided. Your CLE tuition includes mandatory State Bar fees used to support the State Bar s Mandatory Continuing Legal Education program, the Chief Justice s Commission on Professionalism and the Chief Justice s Equal Access to Justice Commission. Your tuition also includes digital access to all program materials. DIGITAL PROGRAM MATERIALS You will receive a notification when digital materials are available to download. To retrieve digital materials, log in and select My Course Materials on the CLE website. All of the materials for this program will be available for download in advance of the program. A limited number of printed books will be available for purchase at the Live program. VIDEO REPLAYS To qualify for the Early Bird tuition, registration must be received one week prior to program date. NC State Bar rules require a minimum number of pre-registered active State Bar members. The NCBA Foundation reserves the right to cancel any video program prior to the program date if registrations do not meet the NC State Bar requirement. Some sites require additional registration or evaluation forms. Visit to confirm video replay registration and program start times. CLE credit hours at Video Replays are subject to change. Video replay program attendees may purchase the printed manuscript at cost. Due to printing and shipping lead times we are unable to accommodate requests for print materials made fewer than seven (7) days prior to any video replay program. INCLEMENT WEATHER We make every effort to notify registrants when a program is canceled or delayed due to weather. If inclement weather is forecast, please check your local news listings or contact event venue. NCBA programs will follow the work schedule of the hosting institutions, to include delayed openings. CLE SCHOLARSHIPS A limited number of scholarships are available to members in financial need. Contact Membership Services at or akemple@ncbar.org. EVENT SPONSOR AND EXHIBITOR OPPORTUNITIES Interested in meeting the attendees of this program? Become an exhibitor or sponsor! Contact Jennifer Shapiro at jshapiro@ ncbar.org for detailed information about these opportunities and their benefits. FOR MORE INFORMATION, VISIT WWW. NCBAR.ORG/CLE.

5 . Program Information Planner J. Marshall Shelton, Law Office of J. Marshall Shelton, Graham Planning Committee Heather W. Culp, Essex Richards PA, Charlotte Erich M. Fabricius, Fabricius & Fabricius PLLC, Knightdale Anna B. Osterhout, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh Julie B. Pape, Womble Carlyle Sandridge & Rice LLP, Winston-Salem Susanne M. Robicsek, The Law Office of Susanne M. Robicsek, Charlotte Travis P. Sasser, Sasser Law Firm, Cary Andrew W. J. Tarr, Robinson Bradshaw & Hinson PA, Charlotte Robyn R. Compton Whitman, Elon Speakers Chief Judge Laura T. Beyer, U.S. Bankruptcy Court, Western District, Charlotte Judge Benjamin A. Kahn, U.S. Bankruptcy Court, Middle District, Greensboro Judge David M. Warren, U.S. Bankruptcy Court, Eastern District, Raleigh M. Ann Anderson, The Law Office of M. Ann Anderson, Pilot Mountain Joseph Jody Alton Bledsoe III, New Bern Jeremy Todd Browner, Browner Law PLLC, Chapel Hill Professor Brian S. Clarke, Charlotte School of Law, Charlotte Professor Susan E. Hauser, North Carolina Central University School of Law, Durham S. Gregory Hays, CTP, CIRA, Managing Principal, Hays Financial Consulting, Atlanta, GA Matthew T. Houston, K&L Gates LLP, Raleigh Mark S. Jones, The Finley Group, Charlotte Justin W. Kay, Ivey McClellan Gatton & Siegmund LLP, Greensboro Jennifer A. Ledford, Higgins Benjamin PLLC, Greensboro Jennifer Lyday, Womble Carlyle Sandridge & Rice LLP, Winston-Salem Jill A. Michaux, Neis & Michaux PA, Topeka, KS Jeffrey E. Oleynik, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro Professor C. Scott Pryor, Campbell University School of Law, Raleigh Ethridge Brittin Britt Ricks, U.S. Bankruptcy Court, Western District, Charlotte Elaine Rudisill, The Finley Group, Charlotte George F. Sanderson III, Ellis & Winters LLP, Raleigh Lisa P. Sumner, Poyner & Spruill, Raleigh A. James Jim Siemens, Siemens Family Law Group, Asheville P. Wayne Sigmon, Sigmon & Henderson PLLC, Gastonia Matthew W. Smith, The Finley Group, Charlotte Jeanette M. Stark, U.S. Bankruptcy Court, Middle District, Winston-Salem Thomas W. Waldrep Jr., Womble Carlyle Sandridge & Rice LLP, Winston-Salem B. Reid Wilcox Jr., U.S. Bankruptcy Court, Middle District, Greensboro Sponsors PLATINUM SPONSORS: Anderson Bauman Tourtellot Vos and Iron Horse Auction Company, Inc. GOLD SPONSOR: Stubbs & Perdue PA and Finley Group (bottled water) SILVER SPONSORS: Davis Forensic Group and Rogers Realty & Auction Co., Inc. Hotel Information Contact hotel directly for reservations at the special NCBA room rate. Rates are based on availability and may sell out. Pinehurst Resort, 80 Carolina Vista Drive, Pinehurst Rate: $271 single occupancy; $174 double occupancy Modified American Plan (MAP). The MAP rate is per person, per night and includes lodging, breakfast and dinner. Reservations: (Please mention group code ) Cutoff Date: October 13, 2015

6 P.O. Box 3688 Cary, NC Program materials are 100% DIGITAL Step-By-Step Download Instructions 1. Go to 2. Click on Your Course Materials (on right-side navigation). 3. Log in. (If you need help with your log in, call ) 4. Click on the CLE program title. 5. Download and save. Nonprofit Org. US Postage PAID Raleigh, NC Permit #297 Bankruptcy 38th Annual Bankruptcy Institute LIVE VIDEO REPLAYS Friday-Saturday, November 6-7, 2015 Pinehurst Resort, Pinehurst CLE CREDIT: 9.75 Hours includes 1.0 Hour Substance Abuse/Mental Health ATTENDEE TESTIMONIALS Timely topics presented by excellent speakers. Wonderful learning program. One of the best CLE programs I ve attended. Attendees, 37th Bankruptcy Institute (2014)