About

Join leading members of the Texas bankruptcy bench and bar for the 2008 Consumer Bankruptcy Practice and hear how judges, trustees, and practitioners are dealing with the tough issues facing consumer practitioners—cars, houses, proof of claims, and more. See the program schedule for full agenda and details.

This program provides a unique opportunity for practitioners, judges, and trustees to discuss and clarify current practice issues. Program co-chairs Hon. Craig Gargotta, Hon. H. Dewayne "Cooter" Hale, Hon. Marvin Isgur, are joined by Hon. Jeff Bohm, Hon. Douglas D. Dodd, Hon. Brenda Rhoades, Hon. Bill Parker, Hon. Wesley W. Steen, and Hon. Leif M. Clark for a variety of presentations with practitioners, including district breakfast sessions on Friday morning.

Faculty and attendees are encouraged to dress casually, and all conference faculty, attendees, and families are invited to a special private reception and light dinner at the Moody Gardens Aquarium on Thursday evening.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, June 19, 2008
    Presiding Officer:
    Hon. H. DeWayne "Cooter" Hale, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
  • 8:00 am
    Registration Opens

    Includes continental breakfast.
  • 8:30 am
    1.25 hrs
    0.50 hr ethics
    Consumer Bankruptcy Case Law Update

    Jean Braucher, University of Arizona, James E. Rogers College of Law - Tucson, AZ
    Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX

    A review of the major national and Fifth Circuit consumer cases in the last year, along with highlights of all significant cases issued by bankruptcy courts, including significant Texas decisions.
  • 9:45 am
    0.75 hr
    Winning the Car Case—Moot Court Oral Argument Moot Court Drives to Galveston

    Hon. Craig A. Gargotta, U.S. Bankruptcy Judge - W.D. Texas (Austin Division) - Austin, TX
    William H. Lively Jr., Attorney at Law - Tyler, TX
    Eduardo V. Rodriguez, Malaise Law Firm - Brownsville, TX

    Experienced debtor and creditor attorneys will make appellate arguments dealing with major issues involving cars in consumer bankruptcy. The appellate issue will concern adequate protection and plan treatment of a 910-day car claim by a debtor that claims to be using the car for business purposes. Judge Gargotta will pepper the lawyers with questions during the session and render a surprise decision at the conclusion.
  • 10:30 am
    Break

  • 10:45 am
    0.50 hr
    Cars In a BAPCPA World: Case Law Update and Review

    Michael P. Ridulfo, Brown McCarroll, LLP - Houston, TX
    Eduardo V. Rodriguez, Malaise Law Firm - Brownsville, TX

    A summary of key car cases with creditor and debtor counsel highlighting some of their favorites. This won’t be a simple case overview. Instead, Ridulfo and Rodriguez will provide an in-depth analysis of the most important car cases from Texas and around the nation.
  • 11:15 am
    0.33 hr
    How To Perfect a Direct Appeal from the Bankruptcy Court to the Fifth Circuit

    Aaron James Power, King & Spalding - Houston, TX

    With BAPCPA came the potential to prosecute the District Court and file your appeal directly to the Fifth Circuit. This program will take you through the step-by-step procedures that need to be taken in your effort to obtain the Fifth Circuit’s approval to take a direct appeal from the bankruptcy court.
  • 11:35 am
    0.75 hr
    Chapter 13 Trustee Panel

    Deborah B. Langehennig, Chapter 13 Trustee - Austin, TX
    David G. Peake, Chapter 13 Trustee - Houston, TX
    Moderator:
    Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX
    Ronald E. Stadtmueller, Chapter 13 Trustee - Tyler, TX
    Tim N. Truman, Chapter 13 Trustee - Fort Worth, TX

    One Chapter 13 trustee from each of Texas’ four districts will serve on this panel. They will discuss current issues in Chapter 13, and practical problems confronted by their offices. At least one-half of this session will be devoted to questions from the audience.
  • Thursday Afternoon, June 19, 2008
    Presiding Officer:
    Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
  • 12:20 pm
    Lunch on your Own

  • 1:30 pm
    1.00 hr
    Top 5 Practical Problems of B 22 Forms

    Michael V. Baumer, Attorney at Law - Austin, TX
    Dinorah Gonzalez, David G. Peake, Chapter 13 Trustee - Houston, TX
    Timothy W. O'Neal, United States Department of Justice, US Trustee - Tyler, TX

    Form B22 was revised effective January 1, 2008. However, the revisions have not helped with many of the major problems lawyers confront in completing the form. This session will review the 5 most common errors found on B 22 Forms and how to avoid the errors.
  • 2:30 pm
    0.50 hr
    Exemptions and Exemption Planning

    David R. Jones, Porter & Hedges - Houston, TX

    Debtors need their exemptions. This session will focus on recent exemption decisions by the Fifth Circuit and by Texas State and Federal Courts. How can you claim (and keep) exemptions for your client. A trustee’s lawyer talks about how he will attack your claimed exemptions.
  • 3:00 pm
    Break

  • 3:15 pm
    0.75 hr
    Discharge

    Pamela Arnold Bassel, Bassel & Wilcox, P.L.L.C. - Fort Worth, TX
    Hon. H. DeWayne "Cooter" Hale, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
    Alva Wesley-Thomas, Attorney at Law - Houston, TX

    Why file bankruptcy and not get a discharge? This session will discuss the new requirements for obtaining a Chapter 13 discharge, problems with the new § 524 reaffirmation agreements and more.
  • 4:00 pm
    0.50 hr
    Bankruptcy Practice for New Lawyers: Expectations, Surprises, Pitfalls and Successes

    Rob Colwell, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
    Layla D. Elzner, Office of the Chapter 13 Trustee - Austin, TX
    Yolanda Gutierrez, Keeling Law Firm - Houston, TX
    Timothy A. Million, Munsch Hardt Kopf & Harr - Houston, TX
    Moderator:
    Hon. Bill G. Parker, U.S. Bankruptcy Court, Eastern District of Texas - Tyler, TX
    Joshua P. Searcy, Searcy & Searcy, P.C. - Longview, TX

    This is a great, new session for great, new lawyers. What should a neophyte bankruptcy lawyer expect? Learn from a very capable panel of lawyers, each of whom has practiced bankruptcy for less than 5 years.
  • 4:30 pm
    1.00 hr ethics
    Bohm's Players on Ethical Issues in Bankruptcy Practice

    Hon. Jeff Bohm, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX

    A perennial favorite. Judge Bohm and his Summer Interns, Jennifer Bell, Shayla Friesen, Zena Habal, Cameron Hatzel-Treat, Miesha Haynes, Marc Kaplan,Taylor Landry, John Strohmeyer, William Teten Jr., Lytch Turnow, Lyndsay Weber highlight various ethical issues in skit form that practitioners in the trenches actually confront. Always the top review of any seminar in the State!
  • 5:30 pm
    Break

  • Thursday Evening, June 19, 2008
  • 6:00 pm
    2.00 hrs
    Reception and Buffet at Moody Gardens Aquarium

    All registrants and their families (kids welcome) are invited to a special reception and light buffet dinner with Bankruptcy Judges and other faculty members.

    Don't miss the unique opportunity to visit the spectacular Moody Gardens Aquarium without the large crowds of summer: the Aquarium will be closed to the public for this special private reception and buffet.

    This event is casual, fun and flexible: come for a half hour and quick drink, or stay on for two hours and enjoy a buffet dinner with seating throughout the Aquarium.


    RSVP REQUIRED: No additional charge, but you MUST RSVP on the registration form for yourself and guests.
  • 8:00 pm
    Reception and Buffet Ends

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, June 20, 2008
    Presiding Officer:
    Hon. Craig A. Gargotta, U.S. Bankruptcy Judge - W.D. Texas (Austin Division) - Austin, TX
  • 8:30 am
    1.00 hr
    0.25 hr ethics
    Breakfast Breakout Sessions with the Judiciary

    Hon. Jeff Bohm, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
    Hon. Craig A. Gargotta, U.S. Bankruptcy Judge - W.D. Texas (Austin Division) - Austin, TX
    Hon. H. DeWayne "Cooter" Hale, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
    Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
    Hon. Bill G. Parker, U.S. Bankruptcy Court, Eastern District of Texas - Tyler, TX
    Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX
    Hon. Wesley W. Steen, United States District Court, Southern District of Texas - Houston, TX

    One or more judges from each of Texas’ four judicial districts will meet and discuss problems of local concern.
  • 9:30 am
    Break

  • 9:45 am
    0.75 hr
    Houses: Unscrambling Mortgage Lenders and Servicers

    William R. Greendyke, Fulbright & Jaworski L.L.P. - Dallas, TX
    Mark A. Weibel, Fulbright & Jaworski - Dallas, TX

    In this session, Judge Clark discusses how the pooling and syndication of mortgage securities has made it much more difficult to find the "holder in due course" of note obligations and work with servicers who are reluctant to make modifications in loan terms—as well as the ways practitioners' and courts' have attempted to deal with these problems. The session concludes with a discussion of the duties of creditors' counsel after the Parsley decision, including obligation of servicers to establish which months were default months, the correct use or application of suspense accounts and the like, the explanation for "additional charges" and the proper maintenance and application of escrow accounts.
  • 10:45 am
    1.00 hr
    Houses: Key Issues and Case Law Developments In Bankruptcy

    Moderator:
    Hon. Douglas D. Dodd, United States Bankruptcy Court, Middle District of Louisiana - Baton Rouge, LA
    Gwendolyn E Hunt, Attorney at Law - Dallas, TX
    Brendetta Anthony Scott, Hughes Watters & Askanase - Houston, TX

    This session provides an outline, analysis and commentary on key issues in case law developments involving houses in Chapter 13. Issues addressed include: 522 litigation involving capping the homestead exemption, state law and foreclosure, adjustable rate issues, fee collection by lenders, remedies and discovery. This session provides practical advice and strategies for effective discovery.
  • 11:45 am
    0.75 hr
    The Burden of Proof and Proof of Claim

    Kelly Gill, McMahon Surovik Suttle P.C. - Abilene, TX
    John D. Sheehan, Becket & Lee LLP - Malvern, PA
    Behrooz P. Vida, Attorney at Law - Bedford, TX

    Just how prima facie is it? Developing case law and practical tips on what needs to be in a proof of claim to avoid challenges. What is the presumptive validity of an improperly filed proof of claim? How do you introduce the proof of claim into evidence?

    a. New Form
    b. Documents to Attach
    c. Fees
    d. Who Signs?
    e. Payment Histories
  • Friday Afternoon, June 20, 2008
    Presiding Officer:
    Hon. H. DeWayne "Cooter" Hale, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
  • 12:30 pm
    Pick up Box Lunch

    Included in conference registration.
  • 12:45 pm
    0.50 hr
    View From the Bench: Effective Practice in Bankruptcy Court, What I See and What I'd Like to See

    Hon. Craig A. Gargotta, U.S. Bankruptcy Judge - W.D. Texas (Austin Division) - Austin, TX

    Newly appointed Federal Bankruptcy Judge, who practiced for 17 years before his 2007 appointment as United States Bankruptcy Judge for the Western District of Texas, shares his insights on the behavior, strategies, and practices of lawyers who appear before him and what types of practices are effective in his courtroom.
  • 1:15 pm
    Break

  • 1:30 pm
    0.75 hr
    Representing and Dealing with Chapter 7 Trustees

    Moderator:
    Rick Carter, Carter & James PLLC - Houston, TX
    Rhonda R. Chandler, Hughes Watters Askansase - Houston, TX
    Kent Ries, Attorney at Law - Amarillo, TX
    Jason R. Searcy, Jason R. Searcy & Associates, P.C. - Longview, TX

    A panel of experienced Chapter 7 trustees discuss how to navigate through a Chapter 7. Discussion will include how to prepare for the § 341 meeting of creditors, how to obtain a Chapter 7 discharge, and how to preserve your exemptions.
  • 2:15 pm
    Adjourn

Conference Faculty

Pamela Arnold Bassel

Bassel & Wilcox, P.L.L.C.
Fort Worth, TX

Michael V. Baumer

Attorney at Law
Austin, TX

Hon. Jeff Bohm

U.S. Bankruptcy Court, Southern District of Texas
Houston, TX

Jean Braucher

University of Arizona, James E. Rogers College of Law
Tucson, AZ

Rick Carter

Carter & James PLLC
Houston, TX

Rhonda R. Chandler

Hughes Watters Askansase
Houston, TX

Rob Colwell

U.S. Bankruptcy Court, Northern District of Texas
Dallas, TX

Hon. Douglas D. Dodd

United States Bankruptcy Court, Middle District of Louisiana
Baton Rouge, LA

Layla D. Elzner

Office of the Chapter 13 Trustee
Austin, TX

Hon. Craig A. Gargotta

U.S. Bankruptcy Judge - W.D. Texas (Austin Division)
Austin, TX

Kelly Gill

McMahon Surovik Suttle P.C.
Abilene, TX

Dinorah Gonzalez

David G. Peake, Chapter 13 Trustee
Houston, TX

William R. Greendyke

Fulbright & Jaworski L.L.P.
Dallas, TX

Yolanda Gutierrez

Keeling Law Firm
Houston, TX

Hon. H. DeWayne "Cooter" Hale

U.S. Bankruptcy Court, Northern District of Texas
Dallas, TX

Gwendolyn E Hunt

Attorney at Law
Dallas, TX

Hon. Marvin Isgur

U.S. Bankruptcy Court, Southern District of Texas
Houston, TX

David R. Jones

Porter & Hedges
Houston, TX

Deborah B. Langehennig

Chapter 13 Trustee
Austin, TX

William H. Lively Jr.

Attorney at Law
Tyler, TX

Timothy A. Million

Munsch Hardt Kopf & Harr
Houston, TX

Timothy W. O'Neal

United States Department of Justice, US Trustee
Tyler, TX

Hon. Bill G. Parker

U.S. Bankruptcy Court, Eastern District of Texas
Tyler, TX

David G. Peake

Chapter 13 Trustee
Houston, TX

Aaron James Power

King & Spalding
Houston, TX

Hon. Brenda T. Rhoades

U.S. Bankruptcy Court, Eastern District of Texas
Plano, TX

Michael P. Ridulfo

Brown McCarroll, LLP
Houston, TX

Kent Ries

Attorney at Law
Amarillo, TX

Eduardo V. Rodriguez

Malaise Law Firm
Brownsville, TX

Brendetta Anthony Scott

Hughes Watters & Askanase
Houston, TX

Jason R. Searcy

Jason R. Searcy & Associates, P.C.
Longview, TX

Joshua P. Searcy

Searcy & Searcy, P.C.
Longview, TX

John D. Sheehan

Becket & Lee LLP
Malvern, PA

Ronald E. Stadtmueller

Chapter 13 Trustee
Tyler, TX

Hon. Wesley W. Steen

United States District Court, Southern District of Texas
Houston, TX

Tim N. Truman

Chapter 13 Trustee
Fort Worth, TX

Behrooz P. Vida

Attorney at Law
Bedford, TX

Mark A. Weibel

Fulbright & Jaworski
Dallas, TX

Alva Wesley-Thomas

Attorney at Law
Houston, TX

Planning Committee

Hon. Craig A. Gargotta—Co-Chair

U.S. Bankruptcy Judge - W.D. Texas (Austin Division)
Austin, TX

Hon. H. DeWayne "Cooter" Hale—Co-Chair

U.S. Bankruptcy Court, Northern District of Texas
Dallas, TX

Hon. Marvin Isgur—Co-Chair

U.S. Bankruptcy Court, Southern District of Texas
Houston, TX

Hon. John C. Akard

US Bankruptcy Judge, Retired
Lubbock, TX

Michael V. Baumer

Attorney at Law
Austin, TX

Hon. Jeff Bohm

U.S. Bankruptcy Court, Southern District of Texas
Houston, TX

Rick Carter

Carter & James PLLC
Houston, TX

John J. Durkay

Mehaffy Weber, P.C.
Beaumont, TX

Michael J. Esposito

The University of Texas School of Law
Austin, TX

Charles A. Fielder III

LegalPRO Systems Inc.
San Antonio, TX

Deborah B. Langehennig

Chapter 13 Trustee
Austin, TX

R. Chris Naylor

Devlin Naylor & Turbyfill
Houston, TX

Joshua P. Searcy

Searcy & Searcy, P.C.
Longview, TX

Behrooz P. Vida

Attorney at Law
Bedford, TX

Credit Info

MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Galveston – Jun 19-20, 2008 – Moody Gardens
Conference Concluded
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Galveston
Last day for Standard Registration early registration: Jun 11, 2008

Add $50 for registrations received after this time

Last day for cancellation (full refund): Jun 13, 2008
Last day for cancellation (partial refund): Jun 16, 2008

$50 processing fee applied

Venue

speaker

Seven Hope Boulevard
Galveston, TX
888.388.8484 (reservations)

Accommodations

$168.00 good through May 28, 2008

Parking Information

Free Self-Parking

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