About

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.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • 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

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

    An outline and analysis of four key bankruptcy cases, including the Supreme Court's initial encounters with BAPCPA.
  • 9:10 am
    1.00 hr
    2010 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.
  • 10:10 am
    Break

  • 10:25 am
    1.00 hr
    Hearsay Heresy: Understanding How to Get Your Evidence Admitted

    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

    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.
  • 11:25 am
    0.67 hr
    Chapter 11 Cases for Individuals

    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

    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.
  • 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

    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

    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.
  • 1:00 pm
    Break

  • 1:15 pm
    0.83 hr
    Mortgage Issues, Part 1

    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

    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.
  • 2:05 pm
    0.50 hr
    Mortgage Issues, Part 2

    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

    A debtor's lawyer and a creditor's lawyer face off: problems, pitfalls and possible solutions to mortgage-related disputes.
  • 2:35 pm
    0.50 hr
    Dealing with Student Loan Debt

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

    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.
  • 3:05 pm
    Break

  • 3:20 pm
    0.67 hr
    0.25 hr ethics
    Chapter 7 Panel

    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

    The panel discusses assets, exemptions and attorney's fees (both practical and legal).
  • 4:00 pm
    0.67 hr
    0.25 hr ethics
    A Checklist for Checking Homestead Issues

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

    This annual presentation provides a comprehensive checklist covering how to methodically evaluate homestead issues under Texas and bankruptcy law.
  • 4:40 pm
    0.75 hr ethics
    Skits Regarding Ethical Issues in Bankruptcy

    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

    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!
  • Adjourn to Reception

  • Thursday Evening, Aug. 12, 2010
  • 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.
  • 6:15 pm
    2.00 hrs
    Reception/Buffet Dinner at Moody Gardens-RSVP for yourself and guests (not included in conference registration)

  • 8:00 pm
    Reception and Dinner Ends

  • Time
    Credit
    Subject
    Speaker
  • 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

    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

    One or more judges from each of Texas' four judicial districts meet with attendees and discuss problems of local concern.
  • 9:00 am
    Break

  • 9:15 am
    1.00 hr
    When Does Jurisdiction End? When Is the Case Over?

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

    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.
  • 10:15 am
    Break

  • 10:30 am
    0.75 hr
    Change in Circumstances: An Oral Argument on Stipulated Facts

    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

    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.
  • 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

    Sarah Mary Frazier, Berg & Androphy - Houston, TX

    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.
  • 11:45 am
    0.33 hr ethics
    Providing Guidance and Counsel to Emotionally-Depressed Clients

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

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

    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

    Attendees are invited to submit questions for the judges, in writing, to the conference registration desk in advance.
  • 1:10 pm
    Break

  • 1:25 pm
    0.67 hr ethics
    The Responsibilities under 9011

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

    Bankruptcy Rule 9011, a rule every bankruptcy lawyer should know about and not be its target.
  • 2:05 pm
    0.75 hr
    Hale v. Isgur, Round 2

    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

    "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.
  • 2:50 pm
    Adjourn

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

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 – Aug 12-13, 2010 – Moody Gardens
Conference Concluded
Buy
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

Venue

speaker

Seven Hope Boulevard
Galveston, TX
888.388.8484 (reservations)

Accommodations

$174.00 good through Jul 21, 2010

Parking Information

Complimentary

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