University of Texas School of Law
8th Annual
Consumer Bankruptcy Practice
Galveston Aug 9-10, 2012 Moody Gardens
Conference Concluded
Related products: eConferences, Materials

UT Law CLE

2012 Consumer Bankruptcy Practice

Program Features
Join leading members of the Texas bankruptcy bench and bar for the 8th Annual Consumer Bankruptcy Practice, part of UT Law's Summer Conference Series at Moody Gardens in Galveston.

This program provides a unique opportunity to interact with judges, trustees and practitioners in course sessions, panels and social events. Hon. Barry Russell, Chief Judge, U.S. Bankruptcy Court, Central District of California, presents Avoiding Evidentiary Pitfalls in Bankruptcy Litigation and joins Hons. Hale, Isgur, Gargotta and Rhoades on Thursday afternoon's Judges Q&A Panel. Plus, customize your own program—we've added breakout sessions on Thursday and Friday to give you a more specialized topic selection.

All conference participants and their families (kids welcome) are invited to a Night Out at the Aquarium private reception and buffet dinner on Thursday evening. Visit with bankruptcy judges and conference faculty members at the spectacular Moody Gardens Aquarium. Separate registration required—please see registration form.

This conference is informative and informal—attendees and faculty are encouraged to dress casually and bring the family to enjoy Moody Gardens on Galveston Island!

UT Law CLE

2012 Consumer Bankruptcy Practice

12/10/19
Schedule

Thursday Morning, Aug. 9, 2012

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

7:30 am
Registration Opens

Includes continental breakfast.

8:30 am
Welcoming Remarks

8:45 am

1.25 hrs

Case Review

An update of Fifth Circuit consumer bankruptcy cases from the past year.

Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Angela Littwin, University of Texas School of Law - Austin, TX

10:00 am

0.75 hr

Consumer Roundtable Discussion

Come one, come all to the first ever Consumer Roundtable Discussion. No judges. No trustees. Just consumer lawyers exchanging ideas, sharing war stories and connecting with colleagues. This is an open discussion for suggesting improvements in services for the consumer bankruptcy Bar and provide best practices advice in consumer bankruptcy law as a whole. Both debtor and creditor lawyers are welcome.

Moderator:
Eduardo V. Rodriguez, Malaise Law Firm - Brownsville, TX

10:45 am
Break

Break-out Sessions

Thursday morning Breakout Sessions

11:00 am

1.25 hrs
0.25 hr ethics

To Sign or Not To Sign a Proof of Claim

A discussion of the issues now applicable to the person signing the new national Proof of Claim form that changed effective December 2011. Coverage of the issues surrounding who can sign a claim and what your signature now encompasses under the new form. What does FRBP 9011 mean when signing a claim? Issues concerning whether or not a lawyer becomes a witness if the lawyer signs the claim on behalf of his client, with a focus on evidentiary issues concerning the person signing the claim when taking the stand are explored.
Also offered on Friday at 11:15 a.m.

Moderator:
Lisa L. Cockrell, Codilis & Stawiarski, P.C. - Houston, TX
Panelists:
Kathryn Buza Davis, Codilis & Stawiarski, P.C. - Houston, TX
Panelists:
Hon. David R. Jones, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Panelists:
Jason Delmar Laas-Sughrue, Sughrue Law Firm - Houston, TX
Panelists:
Marcus F. Salitore, Department of Justice Office of U.S. Trustee - Tyler, TX
Panelists:
Brendetta Anthony Scott, Offices of David G. Peake, Chapter 13 Trustee - Houston, TX

11:00 am

1.25 hrs
0.25 hr ethics

Repeat Filers, Bankruptcy Fraud, Mortgage Assisters and Other Problem Cases

An examination of current problems in consumer cases and some practical advice.
Also offered on Thursday at 3:15 p.m. and Friday at 11:15 a.m.

Moderator:
Hon. H. DeWayne (Cooter) Hale, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
Panelists:
Shawn Ivan Carter, Barrett Daffin Frappier Turner & Engel - Addison, TX
Panelists:
Cedric LaRue Joubert, Department of Justice, Office of the U.S. Attorney, Southern District of Texas - Houston, TX
Panelists:
Kenneth Alan Keeling, Keeling Law Firm - Houston, TX
Panelists:
Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX
Panelists:
Robert B. Wilson, Chapter 13 Trustee - Lubbock, TX

11:00 am

1.25 hrs

Individual Chapter 11 Case v. Chapter 13 and also Cases Absolute Priority Rule

This topic compares and contrasts individual Chapter 11 cases versus Chapter 13 cases and discusses application of the absolute priority rule in individual Chapter 11 cases. Also offered on Thursday at 3:15 p.m.

Moderator:
Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Panelists:
Shad M. Robinson, Haley & Olson, P.C. - Waco, TX
Panelists:
Eduardo V. Rodriguez, Malaise Law Firm - Brownsville, TX

12:15 pm
Lunch on Your Own

Thursday Afternoon, Aug. 9, 2012

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

1:30 pm

0.50 hr

Stop on a Dime Lest You Commit a Crime and End Up Doing Time

A discussion about the bankruptcy issues that may trigger criminal exposure for you and your clients, what actions can lead to an indictment, and what every bankruptcy lawyer should know when working with criminal counsel.

Hon. Jeff Bohm, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Ashley L. Gargour, Berg & Androphy - Houston, TX

2:00 pm

1.00 hr
0.25 hr ethics

Avoiding Evidentiary Pitfalls in Bankruptcy Litigation

Various evidentiary issues are highlighted including making a record, judicial notice, business records and opinion testimony to increase your chances of a successful outcome in litigation.

Hon. Barry Russell, U.S. Bankruptcy Court, Central District of California - Los Angeles, CA

3:00 pm
Break

Thursday afternoon Breakout Sessions

3:15 pm

1.25 hrs
0.25 hr ethics

Student Loan Issues in Bankruptcy

How to deal with student loans in consumer bankruptcy cases including separate classification, hardship discharge and special circumstances.
Offered only at this time.

Moderator:
Michael V. Baumer, Law Office of Michael Baumer - Austin, TX
Panelists:
H. Anthony Hervol, Law Office of H. Anthony Hervol - San Antonio, TX
Panelists:
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:
Behrooz P. Vida, Attorney at Law - Bedford, TX

3:15 pm

1.25 hrs
0.25 hr ethics

Repeat Filers, Bankruptcy Fraud, Mortgage Assisters and Other Problem Cases

An examination of current problems in consumer cases and some practical advice.
Also offered on Thursday at 11:00 a.m. and Friday at 11:15 a.m.

Moderator:
Hon. H. DeWayne (Cooter) Hale, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
Panelists:
Shawn Ivan Carter, Barrett Daffin Frappier Turner & Engel - Addison, TX
Panelists:
Cedric LaRue Joubert, Department of Justice, Office of the U.S. Attorney, Southern District of Texas - Houston, TX
Panelists:
Kenneth Alan Keeling, Keeling Law Firm - Houston, TX
Panelists:
Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX
Panelists:
Robert B. Wilson, Chapter 13 Trustee - Lubbock, TX

3:15 pm

1.25 hrs

Individual Chapter 11 Case v. Chapter 13 and also Cases Absolute Priority Rule

This topic compares and contrasts individual Chapter 11 cases versus Chapter 13 cases and discusses application of the absolute priority rule in individual Chapter 11 cases.
Also offered on Thursday at 11:00 a.m.

Moderator:
Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Panelists:
Shad M. Robinson, Haley & Olson, P.C. - Waco, TX
Panelists:
Eduardo V. Rodriguez, Malaise Law Firm - Brownsville, TX

4:30 pm
Break

4:45 pm

0.75 hr

Judges Panel Q&A Budgetary Issues

Budgetary issues-the judges are ready to take the challenge and tackle some of your toughest questions.

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. David R. Jones, 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
Panelists:
Hon. Barry Russell, U.S. Bankruptcy Court, Central District of California - Los Angeles, CA

5:30 pm
Adjourn

Thursday Evening, Aug. 9, 2012

7:00 pm

0.00 hr ethics

Night Out at the Aquarium

All registrants and their families (kids welcome) are invited to a special reception and buffet dinner with bankruptcy judges and conference faculty members.

Visit the spectacular Moody Gardens Aquarium without the large crowds of summer: the Aquarium is 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.

Separate registration required: Tickets are $10 per person and are NOT included in Conference registration - Please see registration form to purchase.

Friday Morning, Aug. 10, 2012

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

8:00 am

1.00 hr

Breakfast Breakout Sessions with the Judiciary and Chapter 13 and 7 Trustees

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

9:00 am

0.75 hr
0.25 hr ethics

Hot Topics in Discharge and Dischargeability

From a debtor's point of view, the discharge of debts is what bankruptcy is all about. There are, however, some significant roadblocks a debtor can face on the path to discharge. Learn what you might encounter.

THIS SESSION HAS MOVED TO 2:15 P.M.

Sally McDonald Henry, Texas Tech University School of Law - Lubbock, TX

9:45 am
Break

10:00 am

0.50 hr
0.25 hr ethics

Home Mortgage Lien Stripping

Home Mortgage Lien Stripping is the process of stripping or converting a secured second mortgage, deed of trust, or junior lien from a property and converting such debt into an unsecured debt. Methods for lien stripping and potential issues from the perspective of the debtor, creditor and the bench are explored.

Panelists:
Rick Carter, Carter Law PLLC - Houston, TX
Panelists:
Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Panelists:
Michael P. Ridulfo, Kane Russell Coleman & Logan PC - Houston, TX

10:30 am

0.50 hr

Home Mortgage Proof of Claim Rules

Discussion of Rules 3001 and 3002.1 as they relate to home mortgages.

Hon. Jeff Bohm, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Brendetta Anthony Scott, Offices of David G. Peake, Chapter 13 Trustee - Houston, TX
Alice L. Whitten, Chapter 13 Trustee - Fort Worth, TX

11:00 am
Break

Friday morning Breakout Sessions

11:15 am

1.25 hrs
0.25 hr ethics

Repeat Filers, Bankruptcy Fraud, Mortgage Assisters and Other Problem Cases

An examination of current problems in consumer cases and some practical advice.
Also offered on Thursday at 11:00 a.m. and 3:15 p.m.

Moderator:
Hon. H. DeWayne (Cooter) Hale, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
Panelists:
Shawn Ivan Carter, Barrett Daffin Frappier Turner & Engel - Addison, TX
Panelists:
Cedric LaRue Joubert, Department of Justice, Office of the U.S. Attorney, Southern District of Texas - Houston, TX
Panelists:
Kenneth Alan Keeling, Keeling Law Firm - Houston, TX
Panelists:
Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX
Panelists:
Robert B. Wilson, Chapter 13 Trustee - Lubbock, TX

11:15 am

1.25 hrs
0.25 hr ethics

Love and Money: When Bankruptcy and Family Law Collide

Dealing with family law issues in bankruptcy.
Offered only at this time.

Moderator:
Michael V. Baumer, Law Office of Michael Baumer - Austin, TX
Panelists:
H. Anthony Hervol, Law Office of H. Anthony Hervol - San Antonio, TX
Panelists:
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:
Behrooz P. Vida, Attorney at Law - Bedford, TX

11:15 am

1.25 hrs
0.25 hr ethics

To Sign or Not To Sign a Proof of Claim

A discussion of the issues now applicable to the person signing the new national Proof of Claim form that changed effective December 2011. Coverage of the issues surrounding who can sign a claim and what your signature now encompasses under the new form. What does FRBP 9011 mean when signing a claim? Issues concerning whether or not a lawyer becomes a witness if the lawyer signs the claim on behalf of his client, with a focus on evidentiary issues concerning the person signing the claim when taking the stand are explored.
Also offered on Thursday at 11:00 a.m.

Moderator:
Lisa L. Cockrell, Codilis & Stawiarski, P.C. - Houston, TX
Panelists:
Kathryn Buza Davis, Codilis & Stawiarski, P.C. - Houston, TX
Panelists:
Hon. David R. Jones, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Panelists:
Jason Delmar Laas-Sughrue, Sughrue Law Firm - Houston, TX
Panelists:
Marcus F. Salitore, Department of Justice Office of U.S. Trustee - Tyler, TX
Panelists:
Brendetta Anthony Scott, Offices of David G. Peake, Chapter 13 Trustee - Houston, TX

Friday Afternoon, Aug. 10, 2012

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

12:30 pm
Pick Up Lunch

Included in conference registration.

Luncheon Presentation

12:45 pm

0.75 hr

A View from the Fifth Circuit

Hon. Jennifer Walker Elrod, U.S. Court of Appeals, Fifth Circuit - Houston, TX

1:30 pm
Break

1:45 pm

0.50 hr

Better Bankruptcy Practice Using No and Low Cost Technology

Are you tech-savvy? A brief primer on the use and availability of low and no cost eResources to aid in legal research, general consumer practice, debtor due diligence and the use of technology in the Courtroom.

Materials By:
Elaine D. Balagia, McGinnis, Lochridge & Kilgore, LLP - Houston, TX
Deirdre Carey Brown, McGinnis, Lochridge & Kilgore, L.L.P. - Houston, TX
Joshua P. Searcy, Searcy & Searcy, P.C. - Longview, TX

2:15 pm

0.75 hr ethics

Smackdown Round 4: Ethics in Individual Chapter 11 Cases

Judges Hale and Isgur continue their annual bout and turn their focus on ethics in individual Chapter 11 cases. This annual matchup has become a highlight of the conference.

THIS SESSION HAS MOVED TO 9:00 A.M.

Moderators:
Hon. Jennifer Walker Elrod, U.S. Court of Appeals, Fifth Circuit - Houston, TX
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:
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

3:00 pm
Adjourn

UT Law CLE

2012 Consumer Bankruptcy Practice

Faculty

Conference Faculty

Elaine D. Balagia
McGinnis, Lochridge & Kilgore, LLP
Houston, TX
Michael V. Baumer
Law Office of Michael Baumer
Austin, TX
Hon. Jeff Bohm
U.S. Bankruptcy Court, Southern District of Texas
Houston, TX
Deirdre Carey Brown
McGinnis, Lochridge & Kilgore, L.L.P.
Houston, TX
Rick Carter
Carter Law PLLC
Houston, TX
Shawn Ivan Carter
Barrett Daffin Frappier Turner & Engel
Addison, TX
Lisa L. Cockrell
Codilis & Stawiarski, P.C.
Houston, TX
Kathryn Buza Davis
Codilis & Stawiarski, P.C.
Houston, TX
Hon. Jennifer Walker Elrod
U.S. Court of Appeals, Fifth Circuit
Houston, TX
Hon. Craig A. Gargotta
U.S. Bankruptcy Court, Western District of Texas
Austin, TX
Ashley L. Gargour
Berg & Androphy
Houston, TX
Hon. H. DeWayne (Cooter) Hale
U.S. Bankruptcy Court, Northern District of Texas
Dallas, TX
Sally McDonald Henry
Texas Tech University School of Law
Lubbock, TX
H. Anthony Hervol
Law Office of H. Anthony Hervol
San Antonio, TX
Hon. Marvin Isgur
U.S. Bankruptcy Court, Southern District of Texas
Houston, TX
Hon. David R. Jones
U.S. Bankruptcy Court, Southern District of Texas
Houston, TX
Cedric LaRue Joubert
Department of Justice, Office of the U.S. Attorney, Southern District of Texas
Houston, TX
Kenneth Alan Keeling
Keeling Law Firm
Houston, TX
Jason Delmar Laas-Sughrue
Sughrue Law Firm
Houston, TX
Angela Littwin
University of Texas School of Law
Austin, TX
Layla D. Milligan
Office of Deborah B. Langehennig, Chapter 13 Trustee
Austin, TX
Hon. Brenda T. Rhoades
U.S. Bankruptcy Court, Eastern District of Texas
Plano, TX
Michael P. Ridulfo
Kane Russell Coleman & Logan PC
Houston, TX
Shad M. Robinson
Haley & Olson, P.C.
Waco, TX
Eduardo V. Rodriguez
Malaise Law Firm
Brownsville, TX
Hon. Barry Russell
U.S. Bankruptcy Court, Central District of California
Los Angeles, CA
Marcus F. Salitore
Department of Justice Office of U.S. Trustee
Tyler, TX
Brendetta Anthony Scott
Offices of David G. Peake, Chapter 13 Trustee
Houston, TX
Joshua P. Searcy
Searcy & Searcy, P.C.
Longview, TX
Behrooz P. Vida
Attorney at Law
Bedford, TX
Alice L. Whitten
Chapter 13 Trustee
Fort Worth, TX
Robert B. Wilson
Chapter 13 Trustee
Lubbock, 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
Law Office of Michael Baumer
Austin, TX
Deirdre Carey Brown
McGinnis, Lochridge & Kilgore, L.L.P.
Houston, TX
Rick Carter
Carter Law PLLC
Houston, TX
Shawn Ivan Carter
Barrett Daffin Frappier Turner & Engel
Addison, TX
Lisa L. Cockrell
Codilis & Stawiarski, P.C.
Houston, TX
Eva Shafir Engelhart
Ross Bank May Cron & Cavin, PC
Houston, TX
Michael J. Esposito
The University of Texas School of Law
Austin, TX
H. Anthony Hervol
Law Office of H. Anthony Hervol
San Antonio, TX
Kenneth Alan Keeling
Keeling Law Firm
Houston, TX
Layla D. Milligan
Office of Deborah B. Langehennig, Chapter 13 Trustee
Austin, TX
Michael P. Ridulfo
Kane Russell Coleman & Logan PC
Houston, TX
Shad M. Robinson
Haley & Olson, P.C.
Waco, TX
Eduardo V. Rodriguez
Malaise Law Firm
Brownsville, TX
Joshua P. Searcy
Searcy & Searcy, P.C.
Longview, TX
Behrooz P. Vida
Attorney at Law
Bedford, TX
Alice L. Whitten
Chapter 13 Trustee
Fort Worth, TX
Robert B. Wilson
Chapter 13 Trustee
Lubbock, TX

UT Law CLE

2012 Consumer Bankruptcy Practice

Credit Information

MCLE Credit

Texas
12.75 hrs  |  2.25 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
12.75 hrs  |  2.25 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

2012 Consumer Bankruptcy Practice

Key Dates

Galveston

  • Last day for Standard Registration early registration: Aug 9, 2012
    Add $50 for registrations received after this time
  • Last day for Green Registration - USB Key ONLY early registration: Aug 9, 2012
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Aug 3, 2012
  • Last day for cancellation (partial refund): Aug 6, 2012
    $50 processing fee applied

UT Law CLE

2012 Consumer Bankruptcy Practice

Hotel / Venue

Galveston

Moody Gardens

Seven Hope Boulevard
Galveston, TX
888.388.8484 (reservations)

Accommodations

$167.00 good through Jul 18, 2012

Parking Information

Complimentary Self-Parking. Overnight Valet parking $18.

UT Law CLE

2012 Consumer Bankruptcy Practice

Sponsors