Program Schedule

Welcome by Jeffrey B. Ellman, President

Economic Overview - (click here for PPT)

The on-going economic whipsaw of the post-COVID world is unlike anything we have seen in our lifetimes – a recession resulting from the global pandemic, followed by a massive economic recovery, followed by inflation not seen in decades, followed by higher interest rates due to increases by the Federal Reserve. Dr. Tu

tterow, Chief Economic Advisor for Hennsler Financial and Professor of Economics at Kennesaw State University, will discuss these events, the impact they have had on consumers and businesses, and what they could mean for bankruptcy trends going-forward.

SPEAKER: Dr. Roger Tutterow

Eligibility, Debt Limits, and Voting, Oh My! The Annual Subchapter V Update
(click here for PPT)
  1111(b) Sub V
  Sub V Updates
  SBRA Guide June 2022

Subchapter V has been around but now the bigger issues are starting to bubble to the surface. This panel of undisputed experts will bring us all up to speed on emerging issues for these small business debtors and creditors. Hot topics include eligibility, debt limits, the role of the Subchapter V Trustee, mediation, creditor votes, feasibility, and more. You’re going to learn a lot, but whatever you do, don’t call it SubV! Specifically, he will walk through what a small business prepack would look like and analyze which small businesses would benefit most from this strategy.

SPEAKERS: Hon. Paul W. Bonapfel, Robert J. Keach & Ciara L. Rogers

Refreshment Break

BREAKOUT
SESSIONS

11:15 - 12:35

BREAKOUT
SESSIONS

11:15 - 12:35

Lunch

The Return of Commercial Real Estate Restructurings - (click here for PPT)
  Commercial Real Estate Trends

Party like it’s 2008! The combination of rising interest rates, more employees working from home, and the continuing struggles of the brick and mortar retail industry has brought about distress in the commercial real estate market that hasn’t been seen in over a decade. This panel will discuss the current status of the commercial real estate industry, as well as revisit some of the common issues that present themselves in connection with real estate workouts and bankruptcies.

Remedies of Last Resort: Lender Strategies for Dealing with Difficult Borrowers
(click here for PPT)
  Exploring a Lender's Toolbox
  Murdaugh Receivership

You’ve been reasonable with your defaulted borrower – you’ve expressed a willingness to work with the borrower to find a solution, provided forbearances, maybe provided more funding, entertained short sales, etc. But it’s gotten you nowhere… The borrower’s management and/or owner seem to only care about themselves, and the situation continues to deteriorate to your and other creditors’ detriment. What are you to do? This panel will explore some of the more aggressive remedies that lenders may consider with borrowers who aren’t interested in a consensual resolution (exercise of proxy rights, cash sweeps, foreclosures, etc.), and will provide practical advice on how to avoid incurring lender liability when exercising those remedies.

Student Loans in Your Bankruptcy Practice
  Justice Department and Department of Education Announce Successful First Year of New
    Student-Loan Bankruptcy Discharge Process - Press Release
  Student Loan Discharge Guidance - Fact Sheet
  Student Loan Discharge Guidance - Guidance Text
  Student Loan Attestation Fillable Form
  Sample Attestation Scenario
  Graddy v Educational Credit Management Corporation
  In re Clark
  In re Savage
  Johnson v TransUnion

In November 2022, the Department of Justice, in coordination with the Department of Education, issued guidance for U.S. Attorneys handling student loan litigation in bankruptcy cases. In this session, panelists will examine the state of student loan discharge litigation, discuss the core components of the guidance, and address how to navigate the student loan discharge landscape.

SPEAKERS: Vivieon K. Jones & Hon. Sage M. Sigler

Mortgages: I Need to Keep my House! - (click here for PPT)

Your client’s top priority – for better or worse – is to keep that house. What do you need to know about the mortgage debt? What information can you find on the monthly mortgage statement? How do you handle escrow shortages? What about the response to a final cure notice and who is responsible for filing it? What about that mystery second mortgage your client swears doesn’t exist? Do you need to handle these issues differently for a Chapter 7 and a Chapter 13? This panel will make sure you can help your clients keep the roof over their heads.

SPEAKERS: Edward C. Boltz & Debra L. Miller

Words of Wisdom from the Mountaintop - (click here for PPT)
  Believe Trust Ethics 2024

Professor Jack Williams has educated generations of bankruptcy students and has been actively involved in countless, significant bankruptcy cases. He has experienced the best and the worst in the world of bankruptcy. With this presentation he will tell us how to improve our practice, better serve our clients, and keep ourselves on the path to the top of the mountain.

SPEAKER: Jack F. Williams

The Wild, Wild West of Litigation: Wrangling an Adversary
  Basics of Adversary Proceedings

Your client has been sued during the bankruptcy case. Do you come out with guns blazing or are you hiding behind the proverbial bar hoping the issues disappear? After all, you only agreed to file the case, so do you really have to defend the adversary too? Can you withdraw? Can you charge your client more fees? Could you have done anything differently to avoid this duel all together? This panel will help you understand your deadlines and defenses and will keep you from getting caught in the crossfire – or committing malpractice!

SPEAKERS: Scott N. Brown & Edward C. Boltz

Cocktail Reception (Registrants and Spouses)

Refreshment Break

The Painted Pin Bowling Reception - Come test your skills with a few games of tenpin against other SBLI attendees. The winner will receive a $100 gift card and bragging rights for a year. Included with conference registration but space is limited. Prior registration is required!

Continental Breakfast

Litigation Skills - (click here for PPT)
  The Pandemic Aftermath

Are you a seasoned litigator whose courtroom skills are rusty from the pandemic? Are you a young lawyer still waiting to make your first courtroom appearance? Is your idea of technology in the Courtroom limited to using your cellphone to search the internet? If so, this interactive and engaging litigation/trial practice session will be just what the doctor ordered.

SPEAKERS: Hon. Jeffery W. Cavender & Ciara L. Rogers

Moths to the Flame: Artificial Intelligence and Client Intake - (click here for PPT)
  We're Smart. We're Old.

Artificial Intelligence is all the rage, but will it make your professional life better? How can you use AI to enhance your practice? Can you streamline your intake process with AI? How about using AI to draft a Plan or other pleadings? Other than turning yourself into a feline attorney or citing cases that don’t exist, what are the pitfalls to avoid? Attend this panel for the actual intelligence that will keep you from becoming a victim of artificial intelligence.

11:15 - 12:35

BREAKOUT
SESSIONS

Lunch (Registrants only – included in registration fee).

Are We Done Dancing? An Update on LTL Management, Purdue Pharma, and Other Mass Tort Bankruptcies
  Nondebtor Releases

In recent years, companies facing mass tort liabilities have increasingly turned to the chapter 11 process to resolve those liabilities, including via a unique provision of Texas corporate law referred to as the “Texas Two Step.” This panel will provide an overview of the recent developments in mass tort cases, including the Third Circuit’s dismissal of LTL Management’s bankruptcy case and the US Trustee’s Supreme Court challenge of the non-consensual third party releases contained in the Purdue Pharma plan, as well as discuss the viability, efficacy, and appropriateness of mass tort bankruptcies going-forward.

SPEAKERS: Hon. Sage M. Sigler, Joseph C. Celentino & Laura Davis Jones

Refreshment Break

Schools Out for Summer: Issues in Nonprofit Insolvencies
  Issues in Nonprofit Insolvencies

Panelists will discuss issues that arise out of the distress and workout of higher education, healthcare, and other nonprofit entities that are unique to the nonprofit sector. Panelists will discuss warning signs of distress as well as distinguishing features of schools and other nonprofits that have successfully navigated the challenges.

SPEAKERS: P. Miyoko Sato, Sean M. Harding & Robert J. Keach

All the News That’s Fit to Print: The Annual Case Law Update, Part II - (click here for PPT)
  Touchpoints in Chapter 13

You didn’t think they could do it all in an hour, did you? Don’t miss part two of Hank Hildebrand and Mary Beth Ausbrooks telling us about the latest cases in the world of consumer bankruptcy.

SPEAKERS: Mary Beth Ausbrooks & Henry E. Hildebrand

Opinions in Black Robes: A Consumer Practice Judges Panel
  There are no materials for this session.

They get to make all the calls during Court, and now they’re going to comment on our performance too! This panel of judges from various jurisdictions will tell us what we are doing wrong and hopefully what we are doing right. Their views matter more than anything else, so this is a must-see panel.

SPEAKERS: Hon. Barbara Ellis-Monro, Hon. Austin E. Carter, Hon. Edward J. Coleman & Hon. Caryl E. Delano

Keeping the Dollars Rolling In: Marketing your Firm - (click here for PPT)
  Marketing Your Firm

How do you market a law firm? Do billboards on the side of the interstate work? How much does word of mouth and social media help? What is the best way to keep a queue of good, paying clients at your door? This marketing expert will help you figure out whether or not you need a marketing budget and how to best spend those dollars.

The Skeleton is Out of the Closet: Handling Emergency Filings
  Emergency Bankruptcy Filings

When you file an emergency skeletal case, you stop the foreclosure but you may also create issues for both the client and yourself as the attorney. What remains are in the closet that maybe you didn’t notice before filing? What deadlines did you create and will your client follow through? Can you bifurcate Chapter 7 fees? Do you need an expedited hearing to extend or reimpose the automatic stay? What else is lurking in the closet? This panel will shed some light on those skeletons and help you keep the case alive.

Continental Breakfast

Supreme Court and Appellate Court Roundup
  Circuit Splits and Recent Bankruptcy Decision

Latest Developments in Bankruptcy Issues in the Supreme Court and Circuit Courts. Eric Brunstad will discuss recent Supreme Court opinions and pending Supreme Court cases addressing bankruptcy issues and how those cases will affect our practices. Eric will also explore splits among the Circuits on bankruptcy issues, the likelihood of resolution by the Supreme Court, and implications for consumer and business practitioners.

SPEAKER: G. Eric Brunstad, Jr.

Professionalism: Life in the Fast Lane - (click here for PPT)
  Life in the Fast Lane

We’re all on the road, trying our best, but how do we maintain a consistently high level of professionalism? Please join one of our favorite ethics and professionalism professors, Jenny Mittelman, who will partner with Hon. Delano to guide us through scenarios and ethical quandaries that could make you veer off the path. This engaging and interactive panel is not to be missed!

Judges Roundtable
  There are no materials for this session.

Please join us to close out the conference by hearing what issues and topics that our esteemed judges find interesting. This will be open forum where questions and dialogue with conference attendees will be invited and encouraged.