University of Texas School of Law
12th Annual
Consumer Bankruptcy Practice
Galveston Jul 14-15, 2016 Moody Gardens
Conference Concluded
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UT Law CLE

2016 Consumer Bankruptcy Practice

Program Features
Consumer Bankruptcy Practice is an informative conference presented in a relaxed setting. The conference focuses on current developments and practical tips for bankruptcy attorneys and trustees, offers essential information on the Bankruptcy Code, and provides must-have written materials and resources for practitioners.
 
2016 highlights include:
 
  • Updates on consumer bankruptcy cases from the Fifth Circuit with Hon. Marvin Isgur, Hon. Brenda T. Rhoades, Hon. Craig A. Gargotta, and Hon. Eduardo V. Rodriguez, and deeper insights into key Fifth Circuit and Supreme Court cases with Sally Henry, Texas Tech University School of Law
  • Practical tips on the bankruptcy process from start to finish, including Everything You Ever Wanted to Know about the Automatic Stay (But Were Afraid to Ask) and Top 5 Ways to Lose Your Discharge
  • An exploration of domestic support obligations in Chapter 13 Bankruptcy with Ashley Carroll, Office of the Attorney General and Tracie M. Shelby, The Shelby Law Firm
  • Updates on the Homestead Exemption, RESPA's Impact on Chapter 13 and Monthly Escrow Payments and New Forms and Rule 3002.1 Notices
  • Audience Q&A with Hon. Tony M. Davis, Hon. Douglas D. Dodd, Hon. H. DeWayne “Cooter” Hale, and Hon. Jeffrey P. Norman
  • Hello from the Other Side: Law Clerk Panel on Ethics and Court Procedures, featuring discussion of court procedures and preferences among clerks from each of Texas’ judicial districts
  • The Return of the Smackdown with Michael V. Baumer and Hon. Marvin Isgur
  • Interaction and networking opportunities with judges, trustees and practitioners throughout the conference, including breakfast breakout sessions on Friday morning
 
Attendees and faculty are encouraged to dress “beach casual” and bring the family to enjoy Moody Gardens on Galveston Island.

Enrich your conference experience with a conference mentor/mentee 
 
Whether you’re new to the practice area, a seasoned pro, or looking for a peer to bounce ideas with, consider conference mentoring. This is a first for UT Law CLE, and we’re keeping it casual and unstructured – no scheduled activities or commitments. Simply chat during a break, or set aside time for more substantive conversation.

Make your choice (mentor, mentee or peer) on the registration form, and we’ll match you to a fellow attendee!
 

UT Law CLE

2016 Consumer Bankruptcy Practice

7/19/19
Schedule

Thursday Morning, July 14, 2016

Presiding Officer:
Hon. John C. Akard, U.S. Bankruptcy Judge, Retired - Houston, TX

7:30 am
Registration Opens

Includes continental breakfast.

8:15 am
Welcoming Remarks

8:30 am

0.50 hr

Case Law Update, Part I

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

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

0.75 hr

Everything You Ever Wanted to Know about the Automatic Stay (But Were Afraid to Ask)

Get tips, tricks, and practical advice with regard to Motions to Extend the Stay, Motions to Impose the Stay, Motions for Relief from the Stay, Motions to Enforce the Stay, and other matters relating to 11 U.S.C. §§362 and 1301.

Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - San Antonio, TX
Regina Vasquez, Vasquez Law Group, PLLC - Houston, TX
Stephen G. Wilcox, Wilcox Law PLLC - Arlington, TX

9:45 am

0.50 hr

RESPA's Impact on Chapter 13 and Monthly Escrow Payments

Attorneys representing debtors and mortgage servicers in Chapter 13 cases frequently must address thorny issues regarding how mortgage payments are calculated and applied, both before and after a Chapter 13 case is filed. See how the Real Estate Settlement Procedures Act may (RESPA) be employed and enforced to help borrowers in bankruptcy obtain loan servicing information and to correct loan servicing errors with respect to their mortgage loans.

Theodore O. "Thad" Bartholow III, Kellett & Bartholow PLLC - Dallas, TX
Brian S. Engel, Barrett Daffin Frappier Turner & Engel, LLP - Austin, TX

10:15 am
Break

10:30 am

0.75 hr

What in the World Have They Done to the Texas Homestead Exemption?

From changing applications of the Texas Proceeds Rule to conflicting opinions on whether a Texas Homestead is an interest or a right, the Texas Homestead Exemption has been the subject of increasing controversy in recent years. What has become of this once-unassailable exemption?

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

11:15 am

0.50 hr

New Forms and Rule 3002.1 Notices

December 1, 2015, brought considerable change to a number of official bankruptcy forms designed to make the creditor process simpler. Review these new forms and their instructions, with particular attention to new Rule 3002.1 forms: Notice of Final Cure Payment (Form 4100N) and the Response to Notice of Final Cure Payment (Form 4100R).

Caroline Neerman, Office of Deborah B. Langehennig, Chapter 13 Trustee - Austin, TX
Hon. Eduardo V. Rodriguez, U.S. Bankruptcy Court, Southern District of Texas - McAllen, TX

11:45 am

0.50 hr

The Domestic Support Obligation in Chapter 13 Bankruptcy Cases: The Obligation and Claim the Debtor Must Satisfy

Explore issues a debtor with a domestic support obligation may encounter from the time he files a Chapter 13 bankruptcy case, up to confirmation, and through obtaining a discharge through a question and answer session between a debtor counsel and an Assistant Attorney General from the Child Support Division.

Ashley B. Carroll, Child Support Division, Office of the Attorney General - Dallas, TX
Tracie M. Shelby, The Shelby Law Firm - Dallas, TX

12:15 pm
Pick Up Lunch

Included in registration.

Thursday Afternoon, July 14, 2016

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

LUNCHEON PRESENTATION

12:35 pm

0.50 hr

View from the Fifth Circuit

Survey recent Fifth Circuit decisions in the area of consumer bankruptcy law and hear tips for practitioners from the bench.

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

 
1:05 pm
Break

1:20 pm

0.50 hr

Insights into Discharge, Dischargeability, and Standing Cases

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

1:50 pm

1.00 hr
0.25 hr ethics

The Importance of Evidence: Mortgage-Related Documents

The rules of evidence play an important role in the consumer bankruptcy process, most notably in the treatment of mortgage-related documents. Review how the rules apply to the introduction of these documents, objections to their introduction, and how the rules may assist you in overcoming objections.
 

Hon. David R. Jones, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Veronica A. Polnick, The Polnick Law Firm, PLLC - Houston, TX

2:50 pm

0.50 hr

Guidelines and Practices for Implementing the 2015 Discovery Amendments to Achieve Proportionality

Explaining the amendments to Federal Rule of Civil Procedure 26(b) that took effect on December 1, 2015, and recommending useful, practical, and concrete procedures and practices for implementation in your practice.

Hon. Jeffrey P. Norman, U.S. Bankruptcy Court, Western District of Louisiana - Shreveport, LA
Hon. Brenda T. Rhoades, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX

3:20 pm
Break

3:30 pm

0.75 hr

Chapter 13 Trustee Panel

Explore trends and hot topics in Chapter 13 cases, including what Chapter 13 Trustees are looking for and why.

Moderator:
Hon. Jeffrey P. Norman, U.S. Bankruptcy Court, Western District of Louisiana - Shreveport, LA
Panelists:
Carey D. Ebert, Office of Carey D. Ebert, Chapter 13 Trustee - Plano, TX
William E. Heitkamp, Office of William E. Heitkamp, Chapter 13 Trustee - Houston, TX
Tara S. Tankersley, Office of Tom Powers, Chapter 13 Trustee - Irving, TX
Mary K. Viegelahn, Office of Mary K. Viegelahn, Chapter 13 Trustee - San Antonio, TX

4:15 pm

0.75 hr
0.50 hr ethics

Conversions and Dismissals under Sections 706 and 707

A primer on recent case developments involving dismissals and conversions for cause under Sections 706 and 707.

Hon. Tony M. Davis, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Nancy L. Holley, Office of the U.S. Trustee, U.S. Department of Justice - Houston, TX
Joshua P. Searcy, Searcy & Searcy PC - Longview, TX

5:00 pm

0.50 hr

Top Five Ways to Lose Your Discharge

From Section 523 exceptions to discharge to Section 727 objections to discharge, learn about the most common—and most surprising—ways your client can lose her bankruptcy discharge.
 

Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Megan Price, Price and Price Law, P.C. - Dallas, TX

5:30 pm
Adjourn to Reception

Thursday Networking Reception (5:30 p.m. – 6:30 p.m.) 

Join us for drinks and hors d’oeuvres with
program faculty and attendees.

Friday Morning, July 15, 2016

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

7:15 am
Conference Room Opens

Includes continental breakfast.

7:30 am

0.75 hr

Breakfast Breakout Sessions with the Judiciary and Chapter 13 Trustees

Judges and trustees from each of Texas's four judicial districts and two from Louisiana meet with attendees and moderate discussion on problems of local concern.

8:15 am

0.50 hr

Case Law Update, Part II

A continuation of the Case Law Update.

Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - San Antonio, TX
Hon. Eduardo V. Rodriguez, U.S. Bankruptcy Court, Southern District of Texas - McAllen, TX

8:45 am

0.75 hr
0.25 hr ethics

Limiting the Scope of Representation in Chapter 7 Cases

Overview of the legal and ethical issues involved in limiting the scope of representations ("unbundling") in Chapter 7 cases.

Hon. Robert R. Summerhays, U.S. Bankruptcy Court, Western District of Louisiana - Lafayette, LA

9:30 am

0.75 hr

Chapter 7 Trustee Panel

Chapter 7 trustees from each Texas district focus on recent decisions, trends, and issues arising in each district, identifying traps and tips to help you avoid disaster for your client.

Moderator:
Ron Satija, Hajjar Peters LLP - Austin, TX
Panelists:
Kevin P. Hanna, Office of Kevin P. Hanna - Corpus Christi, TX
Daniel J. "Corky" Sherman, Sherman & Yaquinto - Dallas, TX
Mark A. Weisbart, Law Office of Mark A. Weisbart - Dallas, TX

10:15 am
Break

10:30 am

0.75 hr

The Fair Debt Collection Practices Act and the Bankruptcy Claim Process: Debtors' Rights and Remedies under the FDPCA

Explore the developing law governing debtors' ability to sue their creditors in bankruptcy court for violations of the FDCPA.

Hon. Douglas D. Dodd, U.S. Bankruptcy Court, Middle District of Louisiana - Baton Rouge, LA
Ryan J. Richmond, Stewart Robbins & Brown, LLC - Baton Rouge, LA

11:15 am

0.75 hr
0.50 hr ethics

Hello from the Other Side: Law Clerk Panel on Ethics and Court Procedures

Highlights of court procedures and preferences and a discussion of ethical issues, including dos and don'ts of communicating with court staff.

Moderator:
Sarah Darnell Wood, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Panelists:
Jaimie Fedell, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Nicole L. Hay, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
Leslie R. Masterson, U.S. Bankruptcy Court, Eastern District of Texas - Plano, TX

12:00 pm

0.75 hr
0.50 hr ethics

Audience Q&A with the Judges

The judges are ready to take the challenge and tackle some of your toughest questions.

Hon. Tony M. Davis, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Hon. Douglas D. Dodd, U.S. Bankruptcy Court, Middle District of Louisiana - Baton Rouge, LA
Hon. H. DeWayne "Cooter" Hale, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
Hon. Jeffrey P. Norman, U.S. Bankruptcy Court, Western District of Louisiana - Shreveport, LA

12:45 pm

0.50 hr

Return of the Smackdown! Use and Abuse of State Court Receiverships

What happens when the judgment debtor files bankruptcy? How does the automatic stay apply? And just who owns the FDCPA claims? Explore these questions in the long-awaited return of this conference favorite.

Michael V. Baumer, Law Office of Michael Baumer - Austin, TX
Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Hon. Douglas D. Dodd, U.S. Bankruptcy Court, Middle District of Louisiana - Baton Rouge, LA

1:15 pm
Adjourn

UT Law CLE

2016 Consumer Bankruptcy Practice

Faculty

Conference Faculty

Theodore O. "Thad" Bartholow III
Kellett & Bartholow PLLC
Dallas, TX
Michael V. Baumer
Law Office of Michael Baumer
Austin, TX
Ashley B. Carroll
Child Support Division, Office of the Attorney General
Dallas, TX
Hon. Tony M. Davis
U.S. Bankruptcy Court, Western District of Texas
Austin, TX
Hon. Douglas D. Dodd
U.S. Bankruptcy Court, Middle District of Louisiana
Baton Rouge, LA
Carey D. Ebert
Office of Carey D. Ebert, Chapter 13 Trustee
Plano, TX
Hon. Jennifer Walker Elrod
U.S. Court of Appeals, Fifth Circuit
Houston, TX
Brian S. Engel
Barrett Daffin Frappier Turner & Engel, LLP
Austin, TX
Jaimie Fedell
U.S. Bankruptcy Court, Southern District of Texas
Houston, TX
Hon. Craig A. Gargotta
U.S. Bankruptcy Court, Western District of Texas
San Antonio, TX
Hon. H. DeWayne "Cooter" Hale
U.S. Bankruptcy Court, Northern District of Texas
Dallas, TX
Kevin P. Hanna
Office of Kevin P. Hanna
Corpus Christi, TX
Nicole L. Hay
U.S. Bankruptcy Court, Northern District of Texas
Dallas, TX
William E. Heitkamp
Office of William E. Heitkamp, Chapter 13 Trustee
Houston, TX
Sally Henry
Texas Tech University School of Law
Lubbock, TX
Nancy L. Holley
Office of the U.S. Trustee, U.S. Department of Justice
Houston, 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
Leslie R. Masterson
U.S. Bankruptcy Court, Eastern District of Texas
Plano, TX
Caroline Neerman
Office of Deborah B. Langehennig, Chapter 13 Trustee
Austin, TX
Hon. Jeffrey P. Norman
U.S. Bankruptcy Court, Western District of Louisiana
Shreveport, LA
Veronica A. Polnick
The Polnick Law Firm, PLLC
Houston, TX
Megan Price
Price and Price Law, P.C.
Dallas, TX
Hon. Brenda T. Rhoades
U.S. Bankruptcy Court, Eastern District of Texas
Plano, TX
Ryan J. Richmond
Stewart Robbins & Brown, LLC
Baton Rouge, LA
Hon. Eduardo V. Rodriguez
U.S. Bankruptcy Court, Southern District of Texas
McAllen, TX
Ron Satija
Hajjar Peters LLP
Austin, TX
Joshua P. Searcy
Searcy & Searcy PC
Longview, TX
Tracie M. Shelby
The Shelby Law Firm
Dallas, TX
Daniel J. "Corky" Sherman
Sherman & Yaquinto
Dallas, TX
Hon. Robert R. Summerhays
U.S. Bankruptcy Court, Western District of Louisiana
Lafayette, LA
Tara S. Tankersley
Office of Tom Powers, Chapter 13 Trustee
Irving, TX
Regina Vasquez
Vasquez Law Group, PLLC
Houston, TX
Mary K. Viegelahn
Office of Mary K. Viegelahn, Chapter 13 Trustee
San Antonio, TX
Mark A. Weisbart
Law Office of Mark A. Weisbart
Dallas, TX
Stephen G. Wilcox
Wilcox Law PLLC
Arlington, TX
Sarah Darnell Wood
U.S. Bankruptcy Court, Western District of Texas
Austin, TX

Planning Committee

Hon. Eduardo V. Rodriguez—Co-Chair
U.S. Bankruptcy Court, Southern District of Texas
McAllen, TX
Hon. Jeffrey P. Norman—Co-Chair
U.S. Bankruptcy Court, Western District of Louisiana
Shreveport, LA
Hon. Brenda T. Rhoades—Co-Chair
U.S. Bankruptcy Court, Eastern District of Texas
Plano, TX
Hon. Marvin Isgur—Co-Chair
U.S. Bankruptcy Court, Southern District of Texas
Houston, TX
Hon. H. DeWayne "Cooter" Hale—Co-Chair
U.S. Bankruptcy Court, Northern District of Texas
Dallas, TX
Hon. Craig A. Gargotta—Co-Chair
U.S. Bankruptcy Court, Western District of Texas
San Antonio, TX
Hon. Douglas D. Dodd—Co-Chair
U.S. Bankruptcy Court, Middle District of Louisiana
Baton Rouge, LA
Hon. Tony M. Davis—Co-Chair
U.S. Bankruptcy Court, Western District of Texas
Austin, TX
John Akard Jr.
Coplen & Banks, P.C.
Cypress, TX
Hon. John C. Akard
U.S. Bankruptcy Judge, Retired
Houston, TX
Diane S. Barron
Barron & Barron LLP
Plano, TX
Michael V. Baumer
Law Office of Michael Baumer
Austin, TX
Allison D. Byman
Hughes Watters Askanase, LLP
Houston, TX
Ashley B. Carroll
Child Support Division, Office of the Attorney General
Dallas, TX
Mark A. Castillo
Curtis | Castillo PC
Dallas, TX
J. Hector Duran Jr.
Office of the U.S. Trustee, U.S. Department of Justice
Houston, TX
Sean T. Flynn
Fears | Nachawati
Dallas, TX
Famose T. Garner
Attorney at Law
Houston, TX
Christy Lingafelter Heimer
Heimer Law Offices P.C.
Austin, TX
Henry G. Hobbs Jr.
Office of the U.S. Trustee, U.S. Department of Justice
Austin, TX
Layla D. Milligan
Office of Deborah B. Langehennig, Chapter 13 Trustee
Austin, TX
Caroline Neerman
Office of Deborah B. Langehennig, Chapter 13 Trustee
Austin, TX
Th├ęda W. Page
The Page Law Firm
Frisco, TX
Mayur M. Patel
Ginsburg Patel, P.C.
Bellaire, TX
Deborah Salzberg
The University of Texas School of Law
Austin, TX
Ron Satija
Hajjar Peters LLP
Austin, TX
Brendetta A. Scott
Hoover Slovacek LLP
Houston, TX
Joshua P. Searcy
Searcy & Searcy PC
Longview, TX
Tracie M. Shelby
The Shelby Law Firm
Dallas, TX
Behrooz P. Vida
The Vida Law Firm
Bedford, TX
Stephen G. Wilcox
Wilcox Law PLLC
Arlington, TX
Sarah Darnell Wood
U.S. Bankruptcy Court, Western District of Texas
Austin, TX

UT Law CLE

2016 Consumer Bankruptcy Practice

Credit Information

MCLE Credit

Texas
13.50 hrs  |  2.00 hrs Ethics
Legal Specialization(s): Bankruptcy 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
13.50 hrs  |  2.00 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.  
Louisiana
13.50 hrs  |  2.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to the Supreme Court of Louisiana Continuing Legal Education Committee within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Oklahoma
16.00 hrs  |  2.50 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
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

2016 Consumer Bankruptcy Practice

Key Dates

Galveston

  • Last day for Individual early registration: Jul 6, 2016
    Add $50 for registrations received after this time
  • Last day for Group Special 1 early registration: Jul 6, 2016
    Add $50 for registrations received after this time
  • Last day for Group Special 2 early registration: Jul 6, 2016
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Jul 8, 2016
  • Last day for cancellation (partial refund): Jul 11, 2016
    $50 processing fee applied

UT Law CLE

2016 Consumer Bankruptcy Practice

Hotel / Venue

Galveston

Moody Gardens

Seven Hope Boulevard
Galveston, TX
888.388.8484 (reservations)

Accommodations

$189 room rate good through June 22, 2016 (subject to availability). 

Parking Information

Self-Parking:  Complimentary