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5th Annual

Consumer Bankruptcy Practice

Practical solutions to the tough questions facing consumer bankruptcy practitioners
Galveston Aug 13-14, 2009 Moody Gardens
Conference Concluded
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Overview

Join leading members of the Texas bankruptcy bench and bar for 2009 Consumer Bankruptcy Practice.

This program provides a unique opportunity to interact with judges and practitioners in course sessions, panels and social events including Thursday's reception and dinner with the judges.

Consumer Bankruptcy Practice is part of UT Law's Summer Conference Series—informal and informative. Faculty and attendees are invited to dress casually, and all conference participants and families are invited to a special, private reception and buffet dinner with the judges at Moody Gardens Aquarium on Thursday evening (separate registration required). Food will be in abundance; we promise!

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 August 13, 2009
  • Day 2 August 14, 2009
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Aug. 13, 2009
    Presiding Officer:
    Hon. H. DeWayne "Cooter" Hale, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
  • 7:30 am
    Registration Opens
    Includes continental breakfast.

  • 8:15 am
    Welcoming Remarks

  • 8:30 am
    1.00 hr
    0.50 hr ethics
    Consumer Bankruptcy Case Law Update
    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.

    Hon. William H. Brown, U.S. Bankruptcy Court (Ret.) - Carbondale, CO
    Gerrit M. Pronske, Pronske & Patel, P.C. - Dallas, TX

  • 9:30 am
    0.75 hr
    Small Business Bankruptcies
    Chapter 11 considerations for small business debtors whose debt is primarily consumer and exceeds 109(e).

    Moderator:
    Stephanie D. Curtis, The Curtis Law Firm PC - Dallas, TX
    Panelists:
    Mark Adam Castillo, The Curtis Law Firm PC - Dallas, TX
    Panelists:
    C.D. Shamburger Jr., XIT Solution, LLC - Dallas, TX

  • 10:15 am
    Break

  • 10:30 am
    0.50 hr
    View from the Fifth Circuit: Consumer Bankruptcy and More
    Chief Judge Edith Jones reviews direct appeals and recent bankruptcy decisions and informs us of the State of the Circuit.

    Hon. Edith H. Jones, Fifth Circuit Court of Appeals - Houston, TX

  • 11:00 am
    0.50 hr
    Everything You Ever Wanted to Know About Reaffirmations... and Then Some
    Coverage of when you should and shouldn't reaffirm, when are you required to reaffirm, whether there is a 4th option in the 5th Circuit, reaffirming real v. personal property, undue hardship, reaffirming home equity loans, and more.

    Edgar J. Borrego, Tanzy & Borrego - El Paso, TX
    Stephen G. Wilcox, Bassel & Wilcox, P.L.L.C. - Fort Worth, TX

  • 11:30 am
    0.75 hr
    Loan Modifications
    Forget about a change in the statute. How can you get lenders to voluntarily modify a loan in Chapter 13?

    Mary Adell Daffin, Barrett Burke Wilson Castle Daffin & Frappier, L.L.P. - Addison, TX
    Johnie J. Patterson II, Walker & Patterson - Houston, TX

  • Thursday Afternoon, Aug. 13, 2009
    Presiding Officer:
    Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
  • LUNCH WITH THE JUDGES

  • 12:15 pm
    Pick up Box Lunch
    Included in conference registration fee.

  • 12:30 pm
    1.00 hr
    0.50 hr ethics
    What Judges Want to See from Lawyers
    An interactive session between lawyers and judges in which one judge from each Texas district gives the real skinny on what judges need from you.

    Moderator:
    Hon. Jeff Bohm, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
    Panelists:
    Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
    Panelists:
    Hon. H. DeWayne "Cooter" Hale, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
    Panelists:
    Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
    Panelists:
    Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX

  • 1:30 pm
    Break

  • 1:45 pm
    0.83 hr
    Chapter 13 Trustee Panel
    A panel comprised of Chapter 13 trustees from each of Texas' four districts reviews current issues in Chapter 13 and practical problems confronted by their offices. A minimum of twenty-five minutes devoted to questions from the audience.

    Moderators:
    Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
    Moderators:
    Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
    Panelists:
    Janna Countryman, Chapter 13 Trustee - Plano, TX
    Panelists:
    Stuart C. Cox, Chapter 13 Trustee - El Paso, TX
    Panelists:
    William E. Heitkamp, Chapter 13 Trustee - Houston, TX
    Panelists:
    Thomas D. Powers, Harris Finley & Bogle - Fort Worth, TX

  • 2:35 pm
    0.75 hr
    The Intersection of Bankruptcy and Family Law
    A renowned family law attorney and an equally capable debtor's attorney discuss with Judge Bohm various issues that overlap family law proceedings and bankruptcy.

    Moderator:
    Hon. Jeff Bohm, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
    Panelists:
    J. D. Bucky Allshouse, J.D. Bucky Allshouse, P.C. - Houston, TX
    Panelists:
    Matthew Brian Probus, Wauson Probus - Sugar Land, TX

  • 3:20 pm
    Break

  • 3:35 pm
    0.50 hr
    Intersection of Bankruptcy Law and Personal Injury Claims
    Personal injury suits which are not mentioned in the Schedules create problems for the estate, trustee, the debtor, the personal injury attorney and the debtor’s attorney, sometimes with very serious consequences. The panel discusses the importance of confirming whether the debtor has a personal injury claim, what can happen if it is not listed, and potential cures.

    Moderator:
    Hon. Jeff Bohm, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
    Panelists:
    Deirdre Carey Brown, McGinnis, Lochridge & Kilgore, L.L.P. - Houston, TX
    Panelists:
    Rodney Tow, Tow & Koenig PLLC - The Woodlands, TX

  • 4:05 pm
    1.50 hrs ethics
    Skits Regarding Ethical Issues in Bankruptcy
    An entire cast of interns, practice lawyers, and a judge put on what will hopefully be an Oscar-winning performance.

    Interns:
    Amanda Bandini, South Texas College of Law
    Gregory Bell, South Texas College of Law
    Kyle Bryant, Texas Tech Law School
    Jim Cole, University of Houston Law Center
    Carey Hain, South Texas College of Law
    Miesha Haynes, Thurgood Marshall School of Law
    Gregory Lemack, South Texas College of Law
    Aaron Longoria, South Texas College of Law
    Blake Luecke, South Texas College of Law
    Caroline Maida, South Texas College of Law
    Joseph Miller, University of Iowa
    Brian Pidcock, South Texas College of Law
    Robert Rhodes, Emory University  School of Law
    Megan Roark, South Texas College of Law
    Margaret Tung, Texas Tech Law School
    Adaeze Ugwu, Vanderbilt Law School
    Jameson Watts, University of Houston Law Center
    Alyssia Woodward, University of Houston Law Center
    Johnathan Yazdani, University of Houston Law Center

    Moderators:
    Hon. Jeff Bohm, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
    Moderators:
    Rick Carter, Carter & James PLLC - Houston, TX
    Moderators:
    Stephanie E. Kaiser, McGinnis, Lochridge & Kilgore, L.L.P. - Austin, TX
    Moderators:
    Brendetta Anthony Scott, Hughes Watters & Askanase - Houston, TX

  • 5:35 pm
    Adjourn

  • Thursday Evening, Aug. 13, 2009
  • 7:00 pm
    2.00 hrs
    Reception/Dinner at Aquarium-RSVP for yourself and guests (Not included in Conference Registration)
    All registrants and their families (kids welcome) are invited to a special reception and 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. Food will be in abundance, we promise!


    RSVP REQUIRED: $10 per person, please RSVP on the registration form for yourself and guests.

  • 9:00 pm
    Reception and Dinner Ends

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Aug. 14, 2009
    Presiding Officer:
    Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
  • Breakfast Breakout Sessions with the Judiciary

  • 8:30 am
    1.00 hr
    0.25 hr ethics
    Complaints Lawyers Have to Judges
    One or more judges from each of Texas' four judicial districts will meet with attendees and discuss problems of local concern.

    Hon. Jeff Bohm, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
    Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - 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. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX

  • 9:30 am
    Break

  • 9:45 am
    0.75 hr
    Do Notice and Payment Application Provisions for Mortgage Creditors in a Chapter 13 Plan Violate the Anti-Modification Provision of Section 1322(b)(2)?
    An oral argument between Tara Twomey and Bill Greendyke. Ms. Twomey argues that plan provisions and local rules related to how mortgage creditors apply plan payments and notice post-petition fees are not only permissible, but necessary to the effective administration of the case. Mr. Greendyke argues that the anti-modification of Section 1322 prohibits bankruptcy courts from requiring mortgage creditors to notice fees or apply plan payments in a manner inconsistent with the mortgage loan documents and the lender's discretion under those documents.

    William R. Greendyke, Fulbright & Jaworski L.L.P. - Dallas, TX
    Katherine Porter, University of Iowa College of Law - Iowa City, IA

  • 10:30 am
    Break

  • 10:45 am
    0.50 hr
    Intake
    So, you wanna file bankruptcy, do you?

    Lisa A. Cockrell, Codilis & Stawiarski, PC - Houston, TX
    Yolanda Gutierrez, Keeling Law Firm - Houston, TX

  • 11:15 am
    1.00 hr
    Means Test—The 150 Most Common Violations
    How do you do it right?

    Michael V. Baumer, Attorney at Law - Austin, TX

  • Friday Afternoon, Aug. 14, 2009
    Presiding Officer:
    Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX
  • LUNCHEON PRESENTATION

  • 12:15 pm
    Pick up Box Lunch
    Included in conference registration fee.

  • 12:30 pm
    0.50 hr ethics
    Ethical Issues in Consumer Bankruptcy Cases
    A bankruptcy judge and law clerk discuss some common ethical issues which arise in consumer bankruptcy cases and offer practical solutions.

    Rob Colwell, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
    Hon. H. DeWayne "Cooter" Hale, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX

  • 1:00 pm
    Break

  • 1:15 pm
    0.50 hr
    Hanging Paragraph Issues
    Negative equity, personal use of the debtor and surrender in satisfaction.

    Michael P. Ridulfo, Brown McCarroll, LLP - Houston, TX

  • 1:45 pm
    0.83 hr
    Representing and Dealing with Chapter 7 Trustees
    A panel of experienced Chapter 7 Trustees discuss how to navigate through a Chapter 7. Discussion includes the top ten ways to get the Chapter 7 Trustee to pay unwanted attention to your case and top ten Chapter 7 issues.

    Moderators:
    Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
    Moderators:
    Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX
    Panelists:
    Christopher J. Moser, Quilling Selander Cummiskey & Lownds - Dallas, TX
    Panelists:
    C. Daniel Roberts, C.Daniel Roberts & Associates - Austin, TX
    Panelists:
    Daniel J. (Corky) Sherman, Sherman & Yaquinto - Dallas, TX
    Panelists:
    Ronald J. Sommers, Nathan Sommers Jacobs - Houston, TX

  • 2:35 pm
    0.50 hr
    Homestead Case Law Review
    On the home front. Recent case law you want to know about Texas homesteads with a discussion of the practical concerns debtors, creditors and Trustees should consider regarding exemptions, extraterritorial issues, homestead sale proceeds, home equity loans and more.

    Deirdre Carey Brown, McGinnis, Lochridge & Kilgore, L.L.P. - Houston, TX

  • 3:05 pm
    0.50 hr
    Hale v. Isgur: Homestead Appellate Argument
    Isgur is appellant's counsel challenging a Hale homestead opinion. Hale represents the appellee. Gargotta and Rhoades serve as Fifth Circuit judges. Rhoades and Gargotta may need some big gavels to keep control of this smackdown in Galveston.

    Commentators:
    Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - 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
    Commentators:
    Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX

  • 3:35 pm
    Adjourn

  • Day 1 August 13, 2009
  • Day 2 August 14, 2009
Download Schedule

Conference Faculty

J. D. Bucky Allshouse

J.D. Bucky Allshouse, P.C.
Houston, TX

Michael V. Baumer

Attorney at Law
Austin, TX

Hon. Jeff Bohm

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

Edgar J. Borrego

Tanzy & Borrego
El Paso, TX

Deirdre Carey Brown

McGinnis, Lochridge & Kilgore, L.L.P.
Houston, TX

Hon. William H. Brown

U.S. Bankruptcy Court (Ret.)
Carbondale, CO

Rick Carter

Carter & James PLLC
Houston, TX

Mark Adam Castillo

The Curtis Law Firm PC
Dallas, TX

Lisa A. Cockrell

Codilis & Stawiarski, PC
Houston, TX

Rob Colwell

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

Janna Countryman

Chapter 13 Trustee
Plano, TX

Stuart C. Cox

Chapter 13 Trustee
El Paso, TX

Stephanie D. Curtis

The Curtis Law Firm PC
Dallas, TX

Mary Adell Daffin

Barrett Burke Wilson Castle Daffin & Frappier, L.L.P.
Addison, TX

Hon. Craig A. Gargotta

U.S. Bankruptcy Court, Western District of Texas
Austin, 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

William E. Heitkamp

Chapter 13 Trustee
Houston, TX

Hon. Marvin Isgur

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

Hon. Edith H. Jones

Fifth Circuit Court of Appeals
Houston, TX

Stephanie E. Kaiser

McGinnis, Lochridge & Kilgore, L.L.P.
Austin, TX

Christopher J. Moser

Quilling Selander Cummiskey & Lownds
Dallas, TX

Johnie J. Patterson II

Walker & Patterson
Houston, TX

Katherine Porter

University of Iowa College of Law
Iowa City, IA

Thomas D. Powers

Harris Finley & Bogle
Fort Worth, TX

Matthew Brian Probus

Wauson Probus
Sugar Land, TX

Gerrit M. Pronske

Pronske & Patel, P.C.
Dallas, TX

Hon. Brenda T. Rhoades

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

Michael P. Ridulfo

Brown McCarroll, LLP
Houston, TX

C. Daniel Roberts

C.Daniel Roberts & Associates
Austin, TX

Brendetta Anthony Scott

Hughes Watters & Askanase
Houston, TX

C.D. Shamburger Jr.

XIT Solution, LLC
Dallas, TX

Daniel J. (Corky) Sherman

Sherman & Yaquinto
Dallas, TX

Ronald J. Sommers

Nathan Sommers Jacobs
Houston, TX

Rodney Tow

Tow & Koenig PLLC
The Woodlands, TX

Stephen G. Wilcox

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

Planning Committee

Hon. Jeff Bohm—Co-Chair

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

Hon. Craig A. Gargotta—Co-Chair

U.S. Bankruptcy Court, Western District of Texas
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. Brenda T. Rhoades—Co-Chair

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

Hon. John C. Akard

US Bankruptcy Judge, Retired
Lubbock, TX

Michael V. Baumer

Attorney at Law
Austin, TX

Edgar J. Borrego

Tanzy & Borrego
El Paso, TX

Jean Braucher

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

Deirdre Carey Brown

McGinnis, Lochridge & Kilgore, L.L.P.
Houston, TX

Rick Carter

Carter & James PLLC
Houston, TX

Stephanie D. Curtis

The Curtis Law Firm PC
Dallas, TX

Michael J. Esposito

University of Texas School of Law
Austin, TX

Sammy C. Gregory

Lubbock, TX

Yolanda Gutierrez

Keeling Law Firm
Houston, TX

Michael P. Ridulfo

Brown McCarroll, LLP
Houston, TX

Daniel J. (Corky) Sherman

Sherman & Yaquinto
Dallas, TX

Stephen G. Wilcox

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

Credit Info

  • Galveston
MCLE Credit
Toggle view Texas – 14.25 hrs  |  3.25 hrs Ethics
Legal Specialization(s): Bankruptcy Law, Consumer and Commercial Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 14.25 hrs  |  3.25 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Other Credit
Toggle view TX Accounting CPE – 15.00 hrs
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 are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Galveston – Aug 13-14, 2009 – Moody Gardens
Conference Concluded
Buy
  • Galveston
Standard Registration
Last day for $515.00 Regular pricing: Aug 5, 2009

$565.00 for registrations received after this time

Last day for cancellation (full refund): Aug 7, 2009

$50 processing fee applied after this date

Last day for cancellation: Aug 10, 2009

Venue

speaker

Moody Gardens

Seven Hope Boulevard
Galveston, TX
888.388.8484 (reservations)

Accommodations

$160.00 good through Jul 22, 2009

Parking Information

Complimentary Self-Parking; $18 Overnight Valet

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