University of Texas School of Law
5th Annual
Consumer Bankruptcy Practice
Practical solutions to the tough questions facing consumer bankruptcy practitioners
Galveston Aug 13-14, 2009 Moody Gardens
Conference Concluded
Related products: eConferences, Materials

UT Law CLE

2009 Consumer Bankruptcy Practice

Program Features
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!

UT Law CLE

2009 Consumer Bankruptcy Practice

10/14/19
Schedule

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

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

UT Law CLE

2009 Consumer Bankruptcy Practice

Faculty

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

UT Law CLE

2009 Consumer Bankruptcy Practice

Credit Information

MCLE Credit

Texas
14.25 hrs  |  3.25 hrs Ethics
Legal Specialization(s): Bankruptcy Law, Consumer and Commercial Law
Additional Information
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.  
California
14.25 hrs  |  3.25 hrs Ethics
Additional Information
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.  
Other States
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

TX Accounting CPE
15.00 hrs
Additional Information
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.  

UT Law CLE

2009 Consumer Bankruptcy Practice

Key Dates

Galveston

  • Last day for Standard Registration early registration: Aug 5, 2009
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Aug 7, 2009
  • Last day for cancellation (partial refund): Aug 10, 2009
    $50 processing fee applied

UT Law CLE

2009 Consumer Bankruptcy Practice

Hotel / Venue

Galveston

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

UT Law CLE

2009 Consumer Bankruptcy Practice

Sponsors