University of Texas School of Law
6th Annual
Consumer Bankruptcy Practice
Practical solutions to the tough questions facing consumer bankruptcy practitioners.
Galveston Aug 12-13, 2010 Moody Gardens
Conference Concluded
Related products: eConferences, Materials

UT Law CLE

2010 Consumer Bankruptcy Practice

Program Features
Join leading members of the Texas bankruptcy bench and bar for 2010 Consumer Bankruptcy Practice in Galveston.

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

Consumer Bankruptcy Practice is part of UT Law's Summer Conference Series, both informal and informative. Participants are invited to dress casually and bring the family.

UT Law CLE

2010 Consumer Bankruptcy Practice

10/14/19
Schedule

Thursday Morning, Aug. 12, 2010

Presiding Officer:
Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX

7:30 am
Registration Opens

Includes continental breakfast.

8:20 am
Welcoming Remarks

8:30 am

0.67 hr

The Big Four: 2010 U.S. Supreme Court Consumer Bankruptcy Cases

An outline and analysis of four key bankruptcy cases, including the Supreme Court's initial encounters with BAPCPA.

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

9:10 am

1.00 hr

2010 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.

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

10:10 am
Break

10:25 am

1.00 hr

Hearsay Heresy: Understanding How to Get Your Evidence Admitted

Skilled practitioners argue over the admission of evidence under exceptions to the hearsay rule, the audience calls the shots on admissibility by voting with transponders, and Judge Hale explains the errors made by all. A great interactive session on how consumer lawyers can utilize the business records exception to get evidence into the record—and how to keep it out. A valuable real-time argument to expose the differences between authenticity and admissibility under the hearsay rule. Other tips—all in the 800 series of the Federal Rules of Evidence.

Moderators:
Hon. H. DeWayne (Cooter) Hale, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
Moderators:
Gerald R. Powell, Baylor Law School - Waco, TX
Commentator:
Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Panelists:
Layla D. Milligan, Office of Deborah B. Langehennig, Chapter 13 Trustee - Austin, TX
Panelists:
Joshua P. Searcy, Searcy & Searcy, P.C. - Longview, TX

11:25 am

0.67 hr

Chapter 11 Cases for Individuals

Individual and small business bankruptcies under Chapter 11--too much income for 7, too much debt for 13. Special emphasis on chapter comparisons as well as financial forms and analysis to be provided to the court.

Moderator:
Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Panelists:
Mark Adam Castillo, The Curtis Law Firm PC - Dallas, TX
Panelists:
Kell C. Mercer, Brown McCarroll, LLP - Austin, TX

Thursday Afternoon, Aug. 12, 2010

Presiding Officer:
Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX

12:05 pm
LUNCHEON PRESENTATION

Pick up Box Lunch

Included in conference registration fee.

12:20 pm

0.67 hr
0.25 hr ethics

Chapter 13 Panel

A panel of Chapter 13 trustees from each of Texas' four districts reviews current issues in Chapter 13 and practical problems confronted by their offices, with time devoted to questions from the audience.

Moderator:
Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Panelists:
David G. Peake, Chapter 13 Trustee - Houston, TX
Panelists:
John J. Talton, Chapter 13 Trustee - Tyler, TX
Panelists:
Mary K. Viegelahn, Chapter 13 Trustee - San Antonio, TX
Panelists:
Alice L. Whitten, Chapter 13 Trustee - Fort Worth, TX

1:00 pm
Break

1:15 pm

0.83 hr

Mortgage Issues, Part 1

Panelists Keeling and Engel argue an actual case to Judge Rhoades. In the case, the debtor objects to a mortgage lender's proof of claim. Keeling argues that there are not adequate documents, that the lender is not the transferee, and that the lender has imposed unreasonable pre- and post-petition charges. Engel valiantly defends the claim and argues that Keeling's arguments are dilatory and not meant to find the true amount owed on the mortgage. At the end of the session, Judge Rhoades announces her decision.

Moderator:
Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX
Commentator:
Hon. Elizabeth W. Magner, U.S. Bankruptcy Court, Eastern District of Louisiana - New Orleans, LA
Panelists:
Brian Scott Engel, Barrett Daffin Frappier Turner & Engel, LLP - Austin, TX
Panelists:
Kenneth Alan Keeling, Keeling Law Firm - Houston, TX

2:05 pm

0.50 hr

Mortgage Issues, Part 2

A debtor's lawyer and a creditor's lawyer face off: problems, pitfalls and possible solutions to mortgage-related disputes.

Moderator:
Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX
Panelists:
Scott A. Ritcheson, Ritcheson Lauffer Vincent & Dukes PC - Tyler, TX
Panelists:
Judith A. Swift, Judith A. Swift PC - Dallas, TX

2:35 pm

0.50 hr

Dealing with Student Loan Debt

The Obama Administration has just changed the game on student loans. Learn the ins and outs of hardship discharges under the just-passed 2010 law.

Judy A. Robbins, US Attorney's Office - Houston, TX

3:05 pm
Break

3:20 pm

0.67 hr
0.25 hr ethics

Chapter 7 Panel

The panel discusses assets, exemptions and attorney's fees (both practical and legal).

Moderator:
Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Panelists:
Areya E. Holder, Law Office of Areya Holder, P.C. - Irving, TX
Panelists:
Nancy L. Holley, U. S. Trustee's Office - Houston, TX

4:00 pm

0.67 hr
0.25 hr ethics

A Checklist for Checking Homestead Issues

This annual presentation provides a comprehensive checklist covering how to methodically evaluate homestead issues under Texas and bankruptcy law.

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

4:40 pm

0.75 hr ethics

Skits Regarding Ethical Issues in Bankruptcy

Judge Bohm challenges the audience: Learn about ethics, trial preparation and evidence through a series of fun vignettes with audience participation—maybe more participation than you want!

Moderator:
Hon. Jeff Bohm, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
David Aaron Desoto, Mann & Stevens, P.C. - Houston, TX
Brendetta Anthony Scott, Hughes Watters & Askanase - Houston, TX

Adjourn to Reception

Thursday Evening, Aug. 12, 2010

6:15 pm

2.00 hrs

Reception/Buffet Dinner at Moody Gardens-RSVP for yourself and guests (not included in conference registration)

6:15 pm
Reception and Dinner at Hotel

All registrants and their families (kids welcome) are invited to a special Reception and Buffet Dinner with bankruptcy judges and other faculty members.

This event is casual, fun and flexible—come for a quick drink or stay and enjoy a Buffet Dinner at the Moody Gardens Hotel.

SEPARATE REGISTRATION REQUIRED:
$10 per person, please see registration form to purchase.

8:00 pm
Reception and Dinner Ends

Friday Morning, Aug. 13, 2010

Presiding Officer:
Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - Austin, TX

8:00 am

1.00 hr

Breakfast Breakout Sessions with the Judiciary

One or more judges from each of Texas' four judicial districts meet with attendees and discuss problems of local concern.

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

9:00 am
Break

9:15 am

1.00 hr

When Does Jurisdiction End? When Is the Case Over?

When can the Court decide on issues that arise after the case is closed? When does the Court lose jurisdiction? How to preserve jurisdiction and reopen a case that has been closed.

Edgar J. Borrego, Tanzy & Borrego - El Paso, TX
John J. Worley, South Texas College Of Law - Houston, TX

10:15 am
Break

10:30 am

0.75 hr

Change in Circumstances: An Oral Argument on Stipulated Facts

What to do when there has been a change in circumstances under the means test. A talented trustee's lawyer argues against a talented debtor's lawyer. If there has been a change in circumstances, should the Court rely on Schedule I and J or on a revised Form B22? At the end of the session, Judge Gargotta gives a ruling.

Moderator:
Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Panelists:
Dinorah Gonzalez, Office of David G. Peake, Chapter 13 Trustee - Houston, TX
Panelists:
Yolanda Gutierrez, Keeling Law Firm - Houston, TX

11:15 am

0.50 hr
0.25 hr ethics

The Biggest Pitfall of Them All: How to Avoid Subjecting Your Client to Criminal Prosecution

Judges are now statutorily mandated to make criminal referrals. The presentation examines possible bankruptcy crimes and how to avoid unwanted attention from the federal authorities.

Sarah Mary Frazier, Berg & Androphy - Houston, TX

11:45 am

0.33 hr ethics

Providing Guidance and Counsel to Emotionally-Depressed Clients

Insight and suggestions on how to handle clients who suffer from more than economic depression.

Michael Arambula M.D., North Central Psychiatric Associates - San Antonio, TX
Timothy Webb, Houston, TX

Friday Afternoon, Aug. 13, 2010

Presiding Officer:
Hon. H. DeWayne (Cooter) Hale, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX

12:05 pm
LUNCHEON PRESENTATION

Pick up Box Lunch

Included in conference registration fee.

12:20 pm

0.83 hr
0.50 hr ethics

Lunch with the Judges

Attendees are invited to submit questions for the judges, in writing, to the conference registration desk in advance.

Moderators:
Michael P. Ridulfo, Brown McCarroll, LLP - Houston, TX
Moderators:
Stephen G. Wilcox, Bassel & Wilcox, P.L.L.C. - Fort Worth, 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

1:10 pm
Break

1:25 pm

0.67 hr ethics

The Responsibilities under 9011

Bankruptcy Rule 9011, a rule every bankruptcy lawyer should know about and not be its target.

Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX
Behrooz P. Vida, Attorney at Law - Bedford, TX

2:05 pm

0.75 hr

Hale v. Isgur, Round 2

"Must a home mortgage lender obtain bankruptcy court approval before charging a debtor post-petition attorneys fees?" Hale and Isgur act as appellate lawyers arguing a hypothetical case before the Fifth Circuit. Fifth Circuit Judge Haynes joins the two bankruptcy judges and peppers Hale and Isgur with challenges regarding this controversial and timely topic.

Moderator:
Hon. Catharina Haynes, U.S. Court of Appeals, Fifth Circuit - Dallas, 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

2:50 pm
Adjourn

UT Law CLE

2010 Consumer Bankruptcy Practice

Faculty

Conference Faculty

Michael Arambula M.D.
North Central Psychiatric Associates
San Antonio, 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
Jean Braucher
University of Arizona, James E. Rogers College of Law
Tucson, AZ
Mark Adam Castillo
The Curtis Law Firm PC
Dallas, TX
David Aaron Desoto
Mann & Stevens, P.C.
Houston, TX
Brian Scott Engel
Barrett Daffin Frappier Turner & Engel, LLP
Austin, TX
Sarah Mary Frazier
Berg & Androphy
Houston, TX
Hon. Craig A. Gargotta
U.S. Bankruptcy Court, Western District of Texas
Austin, TX
Dinorah Gonzalez
Office of David G. Peake, Chapter 13 Trustee
Houston, TX
Yolanda Gutierrez
Keeling Law Firm
Houston, TX
Hon. H. DeWayne (Cooter) Hale
U.S. Bankruptcy Court, Northern District of Texas
Dallas, TX
Hon. Catharina Haynes
U.S. Court of Appeals, Fifth Circuit
Dallas, TX
Areya E. Holder
Law Office of Areya Holder, P.C.
Irving, TX
Nancy L. Holley
U. S. Trustee's Office
Houston, TX
Hon. Marvin Isgur
U.S. Bankruptcy Court, Southern District of Texas
Houston, TX
Kenneth Alan Keeling
Keeling Law Firm
Houston, TX
Hon. Elizabeth W. Magner
U.S. Bankruptcy Court, Eastern District of Louisiana
New Orleans, LA
Kell C. Mercer
Brown McCarroll, LLP
Austin, TX
Layla D. Milligan
Office of Deborah B. Langehennig, Chapter 13 Trustee
Austin, TX
David G. Peake
Chapter 13 Trustee
Houston, TX
Gerald R. Powell
Baylor Law School
Waco, TX
Hon. Brenda T. Rhoades
U.S. Bankruptcy Court, Eastern District of Texas
Plano, TX
Michael P. Ridulfo
Brown McCarroll, LLP
Houston, TX
Scott A. Ritcheson
Ritcheson Lauffer Vincent & Dukes PC
Tyler, TX
Judy A. Robbins
US Attorney's Office
Houston, TX
Brendetta Anthony Scott
Hughes Watters & Askanase
Houston, TX
Joshua P. Searcy
Searcy & Searcy, P.C.
Longview, TX
Judith A. Swift
Judith A. Swift PC
Dallas, TX
John J. Talton
Chapter 13 Trustee
Tyler, TX
Behrooz P. Vida
Attorney at Law
Bedford, TX
Mary K. Viegelahn
Chapter 13 Trustee
San Antonio, TX
Timothy Webb
Houston, TX
Alice L. Whitten
Chapter 13 Trustee
Fort Worth, TX
Stephen G. Wilcox
Bassel & Wilcox, P.L.L.C.
Fort Worth, TX
John J. Worley
South Texas College Of Law
Houston, TX

Planning Committee

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
U.S. 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
Mark Adam Castillo
The Curtis Law Firm PC
Dallas, TX
Michael J. Esposito
The University of Texas School of Law
Austin, TX
Areya E. Holder
Law Office of Areya Holder, P.C.
Irving, TX
Deborah B. Langehennig
Chapter 13 Trustee
Austin, TX
Michael P. Ridulfo
Brown McCarroll, LLP
Houston, TX
Joshua P. Searcy
Searcy & Searcy, P.C.
Longview, TX
Behrooz P. Vida
Attorney at Law
Bedford, TX
Timothy Webb
Houston, TX
Stephen G. Wilcox
Bassel & Wilcox, P.L.L.C.
Fort Worth, TX

UT Law CLE

2010 Consumer Bankruptcy Practice

Credit Information

MCLE Credit

Texas
13.75 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
13.75 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
16.00 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

2010 Consumer Bankruptcy Practice

Key Dates

Galveston

  • Last day for Standard Registration early registration: Aug 6, 2010
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Aug 6, 2010
  • Last day for cancellation (partial refund): Aug 9, 2010
    $50 processing fee applied

UT Law CLE

2010 Consumer Bankruptcy Practice

Hotel / Venue

Galveston

Moody Gardens

Seven Hope Boulevard
Galveston, TX
888.388.8484 (reservations)

Accommodations

$174.00 good through Jul 21, 2010

Parking Information

Complimentary

UT Law CLE

2010 Consumer Bankruptcy Practice

Sponsors