WELCOME & CASE LAW UPDATE
Speakers: Hon. Brian T. Fenimore, Chief United States Bankruptcy Judge, W.D. Missouri, Kansas City; Hon. Bonnie L. Clair, U.S. Bankruptcy Court, E.D. Missouri, St. Louis
CHAPTER 13 HOT TOPICS
Western District Session:
Speakers: Dana M. Estes, Office of the Chapter 13 Bankruptcy Trustee, W.D. Missouri; Coleman R. Ellis, Ghafoor Cook LLC, Independence; Wendee N. Elliott-Clement, SouthLaw, PC, Overland Park, KS
Eastern District Session:
Speakers: Cynthia M. Kern Woolverton, Attorney at Law, St. Louis; Corrine E. Edwards, Walters & Edwards, LLC, St. Charles; Diana S. Daugherty and Joseph M. Wilson, Office of the Chapter 13 Bankruptcy Trustee, E.D. Missouri, St. Louis
SUBCHAPTER V: THE FIRST YEAR
Moderator: Hon. Bonnie L. Clair, U.S. Bankruptcy Court, E.D. Missouri, St. Louis
Panelists: G. Matthew Barberich, B. Riley Advisory Services, Kansas City; Amy E. Hatch, Polsinelli PC, Kansas City; Adam Miller, United States Trustee’s Office, Kansas City
COVID ISSUES IN CONSUMER & COMMERCIAL CASES
Moderator: Hon. Kathy A. Surratt-States, U.S. Bankruptcy Court, St. Louis
Speakers: Robert E. Eggmann III, Carmody MacDonald PC, Clayton; Thomas J. Salerno, Stinson, LLP, Phoenix, AZ; Cherie K. Macdonald, Peoples National Bank, N.A., Mount Vernon, IL; Tracy A. Brown, Law Offices of Tracy A. Brown, St. Louis
VIRTUAL HEARINGS FROM ALL ANGLES: SUCCESSFULLY PREPARING FOR & PRESENTING VIRTUALLY
Speakers: David L. Going, Armstrong Teasdale LLP, St. Louis; Sirena T. Wilson, Office of the United States Trustee, St. Louis
THE ETHICS OF VIRTUAL REPRESENTATION: TEN “Cs” OF THE COVID-19 ETHICAL APOCALYPSE
Speaker: Hon. Cynthia A. Norton, U.S. Bankruptcy Court, W.D. Missouri, Kansas City
Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for GAL Certification, ethics, elimination of bias or Kansas credit.
|Case Law Update (833.9 KB)||Available after Purchase|
|Chapter 13 Hot Topics - Western District (3.3 MB)||Available after Purchase|
|Chapter 13 Hot Topics - Eastern District (324.6 KB)||Available after Purchase|
|Subchapter V (706.4 KB)||Available after Purchase|
|COVID Issues in Consumer Consumer & Commercial Cases (19.9 MB)||Available after Purchase|
|Judge Norton Interview|
|Judge Surratt-States Interview|
|Judge Dow Interview|
|Judge Fenimore Interview|
|Judge Clair Interview|
|Judge Schermer Interview (182.7 KB)||Available after Purchase|
|Eastern District of Missouri Video Conference Procedures (119.4 KB)||Available after Purchase|
|Western District of Missouri Procedures for Zoom Video Hearings (61.3 KB)||Available after Purchase|
|The Ethics of Virtual Representation: Ten "Cs" of the COVID-19 Ethical Apocalypse (819.1 KB)||Available after Purchase|
G. Matt Barberich, Jr., CPA/ABV/CFF/CGMA, CIA, CFE, ASA, MBA is an accounting and financial professional with over 18 years of experience Prior to joining GlassRatner (now doing business as B. Riley Advisory Services, Mr. Barberich provided litigation support, business valuation, and forensic accounting services for MarksNelson, LLC in Kansas City, Missouri from 2004 through 2018. He was an associate of Taylor, Perky & Parker, LLC during 2003.
Mr. Barberich has led numerous litigation support and forensic accounting engagements involving the quantification of losses from alleged embezzlements and other asset misappropriations; accounting irregularities; calculation of lost profits and other economic damage; critiques and rebuttals of lost profits and other economic damages; shareholder and business disputes; statutory and/or regulatory compliance; and whistleblower investigations.
Additionally, Mr. Barberich has also performed hundreds of valuations of closely-held companies for estate and gift tax purposes; income tax compliance; estate planning; appraisal review; shareholder agreements; marital dissolutions; shareholder disputes; and dissenting shareholder and minority oppression lawsuits.
Tracy A. Brown’s office has been devoted exclusively to the Bankruptcy practice. She has extensive experience in representing individual debtors in Chapters 7 and 13. She has also represented corporations in Chapter 7 liquidations. Ms. Brown graduated from the University of Arkansas at Fayetteville with a B.S.B.A. degree in Accounting and moved to Houston, Texas to work in the financial accounting department of an oil and gas company. While working there, she obtained her CPA license in 1989. She left the accounting practice to attend law school at the University of Houston where she earned a J.D. degree. In 1995 she moved to St. Louis and shortly thereafter became immersed in the Bankruptcy practice. She was appointed to serve as a Bankruptcy Panel Trustee in 2003. She is admitted to practice in the US Tax Court, US Court of Federal Claims, District Courts in Texas and Missouri and the US Court of Appeals for the 5th Circuit.
Judge Bonnie L. Clair sits on the bench of the United States Bankruptcy Court for the Eastern District of Missouri. Judge Clair previously spent many years in private practice representing creditors and debtors in bankruptcy, commercial, and consumer finance matters; she also spent time in-house at a large financial institution and served in the Attorney General’s Honors Program of the United States Department of Justice as an attorney with the Office of the United States Trustee.
Judge Clair currently serves on the Conference News and Elections Committees of the National Conference of Bankruptcy Judges. Before taking the bench, she served on the Region X Disciplinary Committee for the Missouri Bar, mediated and investigated proceedings for the Missouri Bar’s Fee Dispute Resolution Committee, and contributed to the American Bankruptcy Institute’s Seventh Circuit Volo updates. However, no one wants to talk about any of that once they find out that she was on Jeopardy! in 2006 and Who Wants to be a Millionaire? in 2002.
Judge Clair received her law degree from Washington University School of Law in St. Louis, where she was an articles editor for the Journal of Urban and Contemporary Law (now the Journal of Law & Policy) and a national competitor in the New York City Bar Moot Court Competition. She received her undergraduate degree from Duke University, where she served on the editorial and business boards of The Chronicle, debated varsity and camped in “Tent 2” in the Krzyzewskiville line during the 1989-1990 basketball season.
Diana Daugherty was appointed Standing Chapter 13 Trustee for the Eastern District of Missouri on March 1, 2017, and served as staff attorney for John V. LaBarge, Jr., the prior Standing Chapter 13 Trustee. Diana was the 2008 recipient of the Missouri Bar's Roser Award for Excellence in Bankruptcy Practice.
Corrine Edwards graduated from Washington University in St. Louis. She then obtained her law degree from St. Louis University. She then worked for two years as an assistant prosecuting attorney in Phelps County. Corrine returned to St. Louis to work in bankruptcy and open her law firm eight years ago.
Robert E. Eggmann received his Bachelor of Arts from St. Louis University in 1986 and received his Juris Doctorate from St. Louis University School of Law in 1989. Mr. Eggmann is an attorney in the St. Louis, Missouri based law firm Carmody MacDonald P.C. Mr. Eggmann practices in the fields of bankruptcy, restructuring, creditor’s rights, commercial litigation and financial transactions. He has extensive experience in the field of the representation of Chapter 11 debtors and creditors’ committees. Mr. Eggmann also serves as a Chapter 7 panel trustee for the United States Bankruptcy Court for the Southern District of Illinois and a Sub Chapter V trustee for the United States Bankruptcy Court for the Central District of Illinois.
Wendee Elliott-Clement is a senior attorney at SouthLaw, PC, a creditors firm located in Overland Park, KS. She received a BS from Vanderbilt University, and a JD from UMKC and currently practices bankruptcy law in Missouri (Western and Eastern District), Kansas, Nebraska and Iowa (Northern and Southern District).
Coleman Ellis is a partner at Ghafoor Cook Ellis LLC, where he focuses his work on representing debtors in bankruptcy proceedings. He received a JD and MBA from UMKC, and a BA from the University of Utah. He is licensed to practice in Missouri, Kansas and Utah.
Dana M. Estes has been a Staff Attorney for Richard V. Fink, the standing Chapter 13 Trustee for the Western District of Missouri since 2004. She received her undergraduate degree in Biology from William Jewell College in 1993 and her J.D. from Washington University School of Law in 1998.
Before becoming a bankruptcy judge on August 31, 2017, Brian T. Fenimore led the bankruptcy team at Lathrop Gage LLP for more than 20 years, representing debtors, creditors, and many other parties in interest. He graduated from the University of Missouri-Columbia in 1988 with a degree in Agricultural Economics, and the University of Michigan Law School in 1990. After graduating from law school, he clerked for the Honorable Arthur B. Federman.
David Going is a respected bankruptcy practitioner and commercial litigator guiding distressed businesses, lenders and creditors in complex insolvency proceedings. He provides targeted, strategic advice in the handling of business reorganizations, bankruptcy litigation and creditor’s rights issues.
As a bankruptcy litigator, Dave has both defended and prosecuted fraudulent conveyance actions arising from alleged Ponzi schemes, leveraged buyouts and insider transactions.
A fellow in the American College of Bankruptcy, Dave is a recognized authority on bankruptcy-related issues. He speaks and writes on these topics regularly for professional and trade groups. An adjunct faculty member at the Washington University School of Law, Dave co-teaches a course on Chapter 11 reorganizations.
He received his J.D. from Washington University School of Law in 1983, Washington University Law Quarterly (Senior Editor, 1982-1983); and his A.B. in 1980 from Duke University.
Amy Hatch facilitates positive resolutions for her clients. She focuses on debtor-creditor relations, while primarily representing banks, private lenders and loan servicers with enforcing their rights with respect to defaulted loans. Amy has significant nationwide experience with commercial loans and routinely assists lenders with foreclosures, receiverships and other workout options, including forbearance agreements and loan sales.
Amy recognizes the value of understanding her clients’ ultimate goals and objectives and actively advocates and negotiates on behalf of her clients to meet their expectations. For nearly 20 years, she has represented her clients in state and federal courts, including bankruptcy court. In addition, when required, Amy has negotiated numerous loan workouts and other resolutions on behalf of her clients outside of the courtroom.
With experience assisting clients with loans secured by property in nearly every state, Amy has a comprehensive understanding of the challenges lenders and servicers face in handling defaulted loans in various jurisdictions. She offers a unique perspective on the challenges lenders encounter with respect to costs and timelines and can help navigate clients to a solution that best meets their needs.
Cherie has been the General Counsel of Litigation and Operations at Peoples National Bank, N.A. since February 2018. In this position, Cherie takes an active role in all litigation involving the bank, including bankruptcy cases, and handles legal issues arising in bank operations.
Adam E. Miller has been a trial attorney with the Office of the United States Trustee in Kansas City, Missouri since 2007 where he is involved in administering and litigating cases under all Chapters of the Bankruptcy Code. Previously, he served on detail in the Office of General Counsel for the Executive Office of United States Trustees where he advised program leadership and field offices on numerous issues of bankruptcy law. Currently, he serves on the program’s working group responsible for supervising the collateralization and safekeeping of more than $3 billion in bankruptcy estate assets.
Before joining the United States Trustee Program, he was in private practice with the consumer bankruptcy firm of Morgan, Allen and King in Oklahoma City, Oklahoma, and clerked for the Hon. Yvonne Kauger on the Oklahoma Supreme Court. He has a B.A. degree from Oklahoma State University; a J.D. degree from Oklahoma City University (summa cum laude) where he served as the Acting Managing Editor of the Oklahoma City University Law Review; and an LL.M. degree from the Morin Center for Banking and Financial Law at the Boston University School of Law where he served as the Graduate Editor of the Review of Banking and Financial Law. He is a member of the bars of the state of Oklahoma and Missouri; the U.S. Courts of Appeal for the 8th and 10th Circuits and the United States Supreme Court and also serves as an Adjunct Professor of Law at the University of Missouri-Kansas City School of Law where he teaches classes in Bankruptcy and Banking Law.
Hon. Cynthia A. Norton received her law degree in 1984. She was appointed to the bench on February 1, 2013. She is the recipient of the Michael R. Roser Excellence in Bankruptcy Award, and the Robert L. Gernon Award for Outstanding Contribution to CLE.
Thomas J. Salerno is a partner in the Restructuring group at Stinson LLP. A graduate of Notre Dame Law School, Mr. Salerno has represented parties in insolvency proceedings in 30 states and five countries. He has been involved in restructurings in the United States, the United Kingdom, Germany, France, Switzerland and the Czech and Slovak Republics. In addition, Mr. Salerno taught Comparative International Insolvency at the University of Salzburg and Gray's Inn School of Law in London, and is an adjunct professor at the Sandra Day O'Connor School of Law at Arizona State University, teaching Bankruptcy Litigation and Advanced Chapter 11 Bankruptcy. In addition, he is a regular guest lecturer at the Eller MBA Program for the University of Arizona.
Mr. Salerno has extensive experience representing distressed companies, acquirers and creditors in financial restructurings and bankruptcy proceedings, pre- and post-bankruptcy workouts, and corporate recapitalizations. He has represented clients in diverse industries such as casinos, resort hotels, sports teams, real estate, high-tech manufacturing, electricity generation, agribusiness, construction, healthcare, airlines and franchised fast-food operations. Mr. Salerno has also served as an expert witness on U.S. insolvency law in litigation in Germany. Mr. Salerno represented Coyote Hockey LLC, owners of the Phoenix Coyotes of the National Hockey League (NHL), in historic bankruptcy proceedings that resulted in an unprecedented solution: the NHL purchasing one of its own teams for the first time in the league’s 90-year history.
He headed the U.S. delegation to the Czech Republic in advising the Czech Government in the historic revamping of its bankruptcy law, which took effect in January 2008. Mr. Salerno has also advised on revamping insolvency laws in the Dominican Republic and Costa Rica. He is a member of the UNCITRAL working group on its Insolvency Law Reform Project, completed in early 2007. Mr Salerno is a former board and Executive Committee member of the American Bankruptcy Institute; past director of the American Bankruptcy Board of Certification, Inc.; a fellow of the American College of Bankruptcy Fellow; and a member of the Plan Issues Advisory Subcommittee for the ABI landmark Bankruptcy Review Commission. Mr. Salerno was part of the founding group for the Litigation Skills Symposium for the American Bankruptcy Institute bringing together Judges and experienced bankruptcy attorneys in a “learn by doing” symposium for bankruptcy litigation, with programs held in Miami, Atlanta, Dallas, New Orleans and San Diego.
Among his other publications are “Chapter 11 Cases Involving Professional Sports Franchises,” Collier Guide to Chapter 11: Key Topics and Selected Industries (LexisNexis, 2019); Executive Guide to Corporate Bankruptcy, Second Edition (Beard Publications); the two-volume Bankruptcy Litigation and Practice; A Practitioners' Guide, Fifth Edition (Aspen Law Publications), Pre-Bankruptcy Planning For The Commercial Reorganization: A Brief Guide For the CEO, CFO/COO. General Counsel and Tax Advisor (ABI 2020); and Acquisitions From Financially Distressed Companies: An Overview (ABI 2020).
Judge Surratt-States was sworn in as U.S. Bankruptcy Judge for the Eastern District of Missouri on March 17, 2003 and appointed Chief Judge on February 1, 2013.
Judge Surratt-States received her B.A., cum laude, from Oklahoma City University and her J.D. from Washington University School of Law in St. Louis.
Joseph Wilson graduated summa cum laude from the University of Missouri-St. Louis in 1999 with a B.A. in Psychology. Mr. Wilson went on to earn his J.D. from the University of Missouri-Columbia School of Law in 2002. From 2003 to 2004, Mr. Wilson represented Debtors in chapter 7 and chapter 13 bankruptcy cases in the Eastern District of Missouri. Since joining the Chapter 13 Trustee’s office in 2004, Mr. Wilson has represented the Chapter 13 Trustee in the administration of chapter 13 bankruptcy cases as well as appeals to the Bankruptcy Appellate Panel and the Eighth Circuit Court of Appeals.
Sirena T. Wilson is a Trial Attorney with the Office of United States Trustee in the St. Louis office. Before joining this office, Sirena worked for a bankruptcy firm and gathered experience in chapter 7, 11 and 13 proceedings. She also served as Staff Attorney for a Chapter 7 Panel Trustee. Sirena received her undergraduate degree from Grambling State University and her Juris Doctorate from Southern University Law Center.
Cynthia M. Kern Woolverton is a member with Millsap & Singer, LLC. Ms. Kern Woolverton joined the firm in 1998 and manages the firm’s bankruptcy practice. Born and raised in St. Louis, Missouri, Ms. Kern Woolverton received her undergraduate degree from Northeast Missouri State University and her law degree from St. Louis University.
Ms. Kern Woolverton is licensed in Missouri, Illinois, Kansas and Kentucky. In addition, she is admitted to practice before the U.S. Eighth Circuit Court of Appeals, the U.S. Tenth Circuit Court of Appeals, the U.S. District Court for the Eastern District of Missouri, the U.S. District Court for the Western District of Missouri, the U.S. District Court for the Central District of Illinois, the U.S. District Court for the District of Kansas, the U.S. District Court for the Eastern District of Kentucky, and the U.S. District Court for the Western District of Kentucky. Ms. Kern Woolverton is a member of the State of Missouri, State of Illinois, State of Kansas, State of Kentucky, St. Louis County, Louisville and American Bar Associations.
Ms. Kern Woolverton frequently speaks on topics relating to foreclosure and bankruptcy practices and procedures for mortgage servicing and attorney organizations.
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