Bench-Bar Conference Part Seven: Continuing the Conversation

Transcription

1 Bench-Bar Conference Part Seven: Continuing the Conversation Great Wolf Lodge, Mason, Ohio Thursday, October 11, 2012 Program Schedule 8:00 9:00 a.m. Registration and Breakfast Buffet 9:00 9:15 a.m. Opening Remarks The Honorable Charles M. Caldwell, Chief Judge The Honorable John E. Hoffman, Jr. 9:15 10:00 a.m. United States Trustee Program Initiatives: Clarifying the Law and Enforcing the Bankruptcy Code Daniel M. McDermott, Esq. United States Trustee for Ohio and Michigan (Region 9) Chapter 13 trustees entitlement to percentage fees on receipts under 28 U.S.C. 586, including unconfirmed cases (Cryder and Antonacci); National Mortgage Settlement (arising after systematic violations of the law by mortgage servicers were uncovered, including the filing of inflated claims and charging fees to homeowners only after they emerged from bankruptcy court protection); and Chapter 11 priorities, including executive bonuses, Chapter 11 trustees vs. chief restructuring officers, and professional fees in large Chapter 11 cases (changes to the review process). 10:00 10:30 a.m. Contingency Planning for Your Practice What Happens When You re Not Around? Brenda K. Bowers, Esq. Vorys, Sater, Seymour and Pease LLP (Columbus) Christal L. Caudill, Esq., Chapter 7 Trustee Caudill Law Group (Columbus) Scott A. Kramer, Esq. Sole Practitioner (Miami Township) John W. Rose, Esq. The Rose Law Office (Cincinnati)

2 10:30 11:00 a.m. Proposed Local Rule Changes The Honorable Beth A. Buchanan United States Bankruptcy Judge (Cincinnati) John A. Schuh, Esq. Schuh & Goldberg, LLP (Cincinnati) 11:00 11:15 a.m. Break 11:15 12:30 p.m. Best Practices The Good, the Bad and Possibly the Ugly! Carolyn Buffington, Esq. Law Clerk to The Honorable Beth A. Buchanan (Cincinnati) Colleen Militello, Esq. Law Clerk to The Honorable Lawrence S. Walter (Dayton) Susan Thompson, Esq. Law Clerk to The Honorable John E. Hoffman, Jr. (Columbus) 12:30 1:30 p.m. Lunch & Social Time 1:30 4:15 p.m. Please refer to the Chapter 7, 11 or 13 break-out schedules for the afternoon. 4:15 4:30 p.m. Closing Remarks The Honorable Charles M. Caldwell, Chief Judge Reminder: Please complete your conference evaluation. 2

3 Chapter 7 Group Discussions David L. Mikel, Chair 1:30 2:15 p.m. Panel Discussion Amelia A. Bower, Esq. Plunkett & Cooney, P.C. (Columbus) James A. Coutinho, Esq. Strip Hoppers Leithart McGrath & Terlecky (Columbus) Dustin R. Hurley, Esq. West & Hurley (Springboro) John A. Schuh, Esq. Schuh & Goldberg, LLP (Cincinnati) Mortgage Issues in Chapter 7 Cases Avoiding defective mortgages, case law developments; Alternatives to foreclosure trustee sales; Mortgage refinancing/mortgage modifications; and Nationwide Mortgage Settlement and its impact on Chapter 7 practice 2:15 3:00 p.m. Panel Discussion How to Navigate Chapter 7 Bankruptcy with Ease The Honorable Jeffery P. Hopkins United States Bankruptcy Judge (Cincinnati) The Honorable C. Kathryn Preston The Honorable Guy R. Humphrey United States Bankruptcy Judge (Dayton) Amy L. Bostic, Esq. Luper Neidenthal & Logan (Columbus) MaryAnne Wilsbacher, Esq. Assistant United States Trustee (Columbus) Greatest Practices What Does the Bench Like to See? Practice in adversary proceedings Practice in other court proceedings 3

4 Chapter 7 continued... 3:00 3:15 p.m. Break Greatest Practices What Does the United States Trustee Like to See? Means-test issues Debtor-audit issues Greatest Practices What Does the Panel Trustee Like to See? 521 documents Petition preparation issues 341 meeting issues 3:15 4:00 p.m. Panel Discussion Domestic Relations Issues in Chapter 7 Cases Robert Ellis, Esq. Ellis & Ellis (Columbus) Eileen K. Field, Esq. Chapter 7 Trustee (Cincinnati) David L. Mikel, Esq. Dungan & Lefevre Co., L.P.A. (Troy) Ira H. Thomsen, Esq. Ira H. Thomsen, LPA (Springboro) (1) Divorce (Pre-Petition) (a) (b) (c) (d) (e) Potential clients who seek both a divorce and bankruptcy relief can you represent both parties in the divorce proceeding? In the bankruptcy case? Should you? What to consider when a bankruptcy attorney refers a potential divorce client to you what information do you need to review and analyze? When is it necessary to obtain relief from stay? Exactly what relief should your relief from stay motion seek (or not seek)? Using bankruptcy as a domestic relations tactic Pre-bankruptcy planning in a divorce proceeding trustee considerations 4

5 Chapter 7 continued... (2) Divorce (Post-Petition) (a) (b) (c) (d) (e) (f) (g) Can bankruptcy counsel continue to represent divorcing debtors? Should both parties seek new bankruptcy counsel? Can bankruptcy counsel also represent one party in the divorce proceeding? Simultaneous bankruptcy/divorce representation in Chapter 7 vs. Chapter 13 cases What happens if a divorce occurs in year three of a five-year Chapter 13 plan? Should the Chapter 13 cases be split? How is that accomplished? Practical issues relief from stay Compensation issues. (Is fee for divorce proceeding properly included in the bankruptcy fee or should it be billed separately?) (3) DSO Issues to Consider Before Filing (a) (b) (c) (d) Are divorce attorney s fees deemed to be a DSO? What if the divorce decree provides that your client is solely responsible for a particular debt? Is this debt dischargeable in bankruptcy? If so, how does this impact the non-debtor, ex-spouse? What if the divorce decree provides that your client is solely responsible for the home mortgage and the decree requires that the mortgage be refinanced, but your client fails to refinance before filing a bankruptcy case? Now what? Can the refinancing be done in the bankruptcy case? Ethical implications: When does the attorney-client relationship end for a divorce client? If you handled a divorce for a client several years ago, and your client s ex-spouse later asks you to represent him or her in a bankruptcy case, can you represent your former client s ex-spouse in the bankruptcy? 4:00 4:15 p.m. Chapter 7 Discussion Wrap-up 5

6 Chapter 13 Group Discussions Margaret A. Burks, Chair 1:30 2:15 p.m. Panel Discussion Moderator: Jeffrey M. Kellner, Esq. Chapter 13 Trustee (Dayton) Jeffrey P. Norman, Esq. Chapter 13 Trustee (Columbus) Wayne P. Novick, Esq. Wayne Novick and Associates (Dayton) Erin Renneker, Esq. Harold Jarnicki and Associates (Lebanon) Chapter 13 Plans: Recommendations for changes; Conduit or direct plan payments for the mortgage Attorney Fee $3,500 What is included in the fee? Post-confirmation attorney fees Trustee Fees When case dismisses or converts prior to confirmation, see 28 U.S.C. 586 What constitutes disposable income? Is social security income properly included (discussion of Sixth Circuit case law) Has the debtor s plan been proposed in good faith? When do we use the means test in calculating projected disposable income? 6

7 Chapter 13 continued... 2:15 3:00 p.m. Panel Discussion Moderator: Paul J. Minnillo, Esq. Minnillo & Jenkins Co., LPA (Cincinnati) Francis DiCesare, Esq., Staff Attorney Office of the Chapter 13 Trustee (Cincinnati) Faye D. English, Esq. Reimer, Arnovitz, Chernek & Jeffrey Co., LPA (Twinsburg) Monica Villarejos Kindt, Esq. Assistant United States Trustee (Cincinnati) 3:00 3:15 p.m. Break Nationwide Mortgage Settlement and its relationship to Chapter 13 practice Fed. R. Bankr. P and Proofs of claim Mortgage issues (loan modifications; lien avoidance) Substitution of collateral 3:15 4:00 p.m. Panel Discussion Moderator: Margaret A. Burks, Esq. Chapter 13 Trustee (Cincinnati) The Honorable Charles M. Caldwell, Chief Judge The Honorable Beth A. Buchanan United States Bankruptcy Judge (Cincinnati) W. Mark Jump, Esq. Jump Legal Group, LLC Frank M. Pees Chapter 13 Trustee (Columbus) Greatest Practices What does the bench like to see? 7

8 Chapter 13 continued... Debtor Attorney Issues Maintaining client contact How to file the final certification at the end of the Chapter 13 case Creditor Attorney Issues 4:00 4:15 p.m. Chapter 13 Discussion Wrap-up 8

9 Chapter 11 Group Discussions Thomas R. Allen, Chair 1:30 2:00 p.m. Panel Discussion Sixth Circuit Chapter 11 Case Law Update Casey Cantrell-Swartz, Esq. Taft Stettinius & Hollister LLP (Cincinnati) Kenneth M. Richards, Esq. Luper, Neidenthal & Logan, LPA (Columbus) 2:00 3:00 p.m. Round Table Discussion I The Honorable John E. Hoffman, Jr. Ronald E. Gold, Esq. Frost Brown Todd LLC (Cincinnati) Jeffrey A. Marks, Esq. Vorys, Sater, Seymour and Pease LLP (Columbus) Richard K. Stovall, Esq. Allen Kuehnle Stovall & Neuman LLP (Columbus) 3:00 3:15 p.m. Break Best practices with respect to noticing in Chapter 11 cases (who gets what and when) Review of new United States Trustee Chapter 11 attorney fee guidelines Discussion of RadLAX Supreme Court credit bidding decision 3:15 4:00 p.m. Round Table Discussion II The Honorable Lawrence S. Walter United States Bankruptcy Judge (Dayton) Jennifer L. Maffett, Esq. Thompson Hine LLP (Dayton) Jason V. Stitt, Esq. Keating Muething & Klekamp PLL (Cincinnati) Local Rules requirements regarding the content of cash collateral and DIP orders, including discussion of LBR (b)(2)(A) Discussion of Chapter 11 filing trends in the Southern District of Ohio; systemic advantages of and impediments to Chapter 11 filings 4:00 4:15 p.m. Chapter 11 Discussion Wrap-up 9