Total Credits: 7.0 MCLE, 2.0 Ethics, 1.0 Elimination of Bias, 7.0 Kansas Credit, 2.0 Kansas Ethics
8:30-9 a.m. | Registration
9-10:40 a.m. | Case law updates
Speakers: Adam G. Breeze, Millsap & Singer LLC, St. Louis; Kathryn A. Klein, Riezman Berger PC, St. Louis; Wendell J. Sherk, Attorney at Law, St. Louis
10:40-10:55 a.m. | Break
10:55-11:45 a.m. | Chapter 13 updates and refreshers
Speakers: Kimber H. Baro, Baro Law Firm, Florissant; Joshua M. Jones, U.S. Attorney’s Office, St. Louis; Joseph M. Wilson, Office of the Chapter 13 Bankruptcy Trustee for the Eastern District of Missouri, St. Louis
Update on recent case law in Chapter 13 bankruptcy cases and practice pointers. Panelists will review:
• Property of the estate - case law update and discussion of joint ownership
• Discussion of valuation and non-exempt equity issues
• Understatement of income refresher
• Post-petition tax claims
• Plan completion issues
11:45 a.m.-12:30 p.m. | Lunch (provided)
12:30-1:20 p.m. | Elimination of bias
Speakers: E. Rebecca Case, Stone, Leyton & Gershman, St. Louis; Hon. Kathy A. Surratt-States, U.S. Bankruptcy Court, St. Louis; Laura Toledo, Lathrop GPM LLP, St. Louis
1:20-1:35 p.m. | Break
1:35-2:25 p.m. | Business reorganization scenarios
Speakers: Robert E. Eggmann, Carmoday MacDonald PC, Clayton; Hon. Brian C. Walsh, U.S. Bankruptcy Court. St. Louis; Daniel Wiggins, Morris Anderson & Associates Ltd., St. Louis
A business typically reorganizes for one of two reasons: To improve efficiency or to increase revenue. Business reorganization, then, refers to any change to a company’s external/internal or departmental structure aimed at one or both of these objectives. The Bankruptcy Code now offers several options and time frames for reorganization that may involve significant undertakings that impact a businesses’ bottom line, and require consideration, planning, and the foresight of experienced professionals.
2:25-2:40 p.m. | Break
2:40-3:30 p.m. | Stay relief issues
Speakers: Hon. Bonnie L. Clair, U.S. Bankruptcy Court, St. Louis; Corrine E. Edwards, Walters & Edwards LLC, St. Louis; MaryAnn G. Black, Codilis, Moody & Circelli, PC, St. Charles
Panelists will review major issues in seeking relief from stay in consumer bankruptcy cases, including:
3:30-3:45 p.m. | Break
3:45-4:35 p.m. | The sharing, splitting, unbundling, factoring, financing, bifurcation, and disclosure of attorney fees: Ethical ramifications and what you need to know
Speakers: Seth A. Albin, Summers Compton Wells LLC, St. Louis; Joseph R. Schlotzhauer, Department of Justice, U.S. Trustee, St. Louis
A panel discussion of the latest cases and developments related to what debtors' attorneys may charge their bankruptcy clients and related issues regarding accurate disclosure of fees and consequences for failure to disclose. We will review:
1. The case law regarding debtors' attorneys fees is developing rapidly.
2. There are potential Bankruptcy Code, Bankruptcy Rule, and ethical violations for attorneys who fail to comply, including sanctions, disgorgement, penalties and disciplinary referrals
3. The presentation will give practical advice for how to structure fee agreements to avoid running afoul of various legal requirements and possible monetary and nonmonetary sanctions.
4:35 p.m. | Adjourn
|01 2023 MoBar Current Development Summaries_2023-02-22 (604 KB)||Available after Purchase|
|02 Chapter 13 Updates and Refreshers SLIDES (207.7 KB)||Available after Purchase|
|02 Chapter 13 Updates and Refreshers HANDOUT. (141.3 KB)||Available after Purchase|
|03 - Unconscious Bias (615.4 KB)||Available after Purchase|
|03 Understanding and Addressing Implocot Bias. (693.7 KB)||Available after Purchase|
|04 Business reorganization scenarios (754.3 KB)||Available after Purchase|
|05 Stay Relief Issues (157.9 KB)||Available after Purchase|
|05-1 Mortgage Proof of Claim Attachment. (1.4 MB)||Available after Purchase|
|05-2 Certification_of_Facts(mot_rlfsty) (1) (15.5 KB)||Available after Purchase|
|05-3 Notice of Motion for Stay Relief (1.1 MB)||Available after Purchase|
|06 The Sharing Splitting Unbundling Factoring SLIDES (992.6 KB)||Available after Purchase|
|06 bifurcation_enforcement_guidelines (416.3 KB)||Available after Purchase|
|06 CLE Bifurcation Financing and Disclose (376.7 KB)||Available after Purchase|
|MOLAP Information (210.1 KB)||Available after Purchase|
|Important Information for Attorneys Seeking Kansas Credit (102.8 KB)||Available after Purchase|
Seth Albin is a member of the law firm of Summers Compton Wells, LLC, where he focuses his practice on the areas of Bankruptcy, including representing individuals and businesses, Creditor’s Rights, Family Law, Enforcement and Collection of Judgments Secured Transactions, Arbitration, and Litigation. Seth currently serves as a Chapter 7 Bankruptcy Panel Trustee, a Chapter 12 Bankruptcy Panel Trustee and a Subchapter V Trustee for the Eastern District of Missouri as well as a panel arbitrator for United States Arbitration and Mediation. Seth has served as a Receiver, Special Master and as a Guardian Ad Litem in civil and domestic cases. Seth also volunteers for the St. Louis County Domestic Violence Court as a Special Prosecutor. Seth has lectured on topics such as the intersection of Bankruptcy and Family Law, Bankruptcy and Civil Litigation, Receiverships, Adoption, Enforcement and Collection of Judgments, Revised Article 9 of the Uniform Commercial Code and Arbitration Clauses in Commercial Transactions and is the co-author of Chapter 4 of the Missouri Bar Bankruptcy Practice Deskbook.
Kimber practiced family law for ten years and specialized in bankruptcy law for the last 20 years. She is a member of NACBA and licensed in the U.S. District Court for the EDMO, the U.S. Court of Appeals for the Eighth Circuit, and the Supreme Court of the United States.
MaryAnn Black has practiced in the consumer bankruptcy area for the last 15 years, first as a Debtors' attorney for consumers filing bankruptcy in the Eastern District of Missouri and now as a Creditors' attorney for mortgage lenders and servicers across Missouri and in the Southern District of Illinois.
Ms. E. Rebecca Case is board certified by the American Board of Certification (ABC) in both business and consumer bankruptcy and, for the past 27 years, has served as a Chapter 7 bankruptcy panel trustee for the Eastern District of Missouri. Rebecca has been practicing law for more than 35 years representing debtors and creditors in Chapters 7, 11, 12 and 13. She has served as an examiner in Chapter 7 and 11 cases. Rebecca is a member of the American Bankruptcy Institute’s Business Reorganization and Consumer Bankruptcy Committees. She received her B.S. from Baylor University in Waco, Texas, and her J.D. from Baylor University School of Law.
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.
A native of St. Louis, Joshua attended Truman State University and the University of Missouri-Columbia School of Law. After law school, Joshua spent two years working as a staff attorney for the Eighth Circuit Court of Appeals before joining the Missouri Attorney General’s Consumer Protection Unit. While there, Joshua prosecuted civil and criminal cases of consumer and securities fraud. Eventually, Joshua was promoted to lead the Attorney General’s no-call and telemarketing fraud enforcement unit, where he successfully prosecuted the first ever trial under Missouri’s telemarketing statutes. In April 2015, Joshua joined the United States Attorney’s Office, Eastern District of Missouri. Joshua’s role includes all ranges of financial litigation matters, including representing the United States in bankruptcy proceedings, pursuing assets of defendants owing criminal restitution to crime victims, and defending the United States’ interests in general civil litigation.
Kathy Klein has represented creditors in all aspects of bankruptcy since 1991, primarily consumer cases. Kathy practices in the bankruptcy courts of Missouri, Illinois, Wisconsin, Iowa, Kansas, Nebraska, Minnesota, Oklahoma, and North Dakota. She obtained her undergraduate degree from the University of Missouri and her law degree from Saint Louis University.
Joe Schlotzhauer serves as a Trial Attorney for the United States Trustee in the Eastern District of Missouri. Previously, Joe was at the Missouri Attorney General, last serving as Deputy Chief of Consumer Protection. As an Assistant Attorney General, he litigated dozens of criminal and civil matters to trial.
Mr. Wendell J. Sherk is an attorney in St. Louis, practicing primarily in consumer bankruptcy and debtor representation. He graduated from Washington University in 1986 and Washington University School of Law in 1989. He is a principal of the firm Sherk & Swope, LLC as well as a member of the National Association of Consumer Bankruptcy Attorneys, American Bankruptcy Institute, the Bar Association of Metropolitan St. Louis, and The Missouri Bar.
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.
Laura Toledo primarily focuses her practice on bankruptcy and creditors’ rights matters. She has successfully represented business debtors in Chapter 11 bankruptcies and out-of-bankruptcy restructurings, as well as Chapter 7 trustees, committees of unsecured creditors, disbursing agents, and a liquidating trustee. Laura also represents creditors, including landlords, lessors and secured creditors in Chapter 11 and in commercial litigation. She also represents banks and financial institutions in loan workouts and in pursuing collection remedies.
Previously, Laura has served as an Attorney Advisor for the Occupational Safety and Health Review Commission and as a Staff Attorney for the U.S. Court of Appeals, Eighth Circuit.
Brian Walsh is a United States Bankruptcy Judge for the Eastern District of Missouri. Before his appointment to that position, he spent more than 25 years in private practice, principally in bankruptcy, restructuring, and related fields. He is a Fellow of the American College of Bankruptcy.
Daniel Wiggins is a Principal at MorrisAnderson with notable turnaround and transaction experience. In building value for his clients Daniel focuses on enhancing stakeholder relationships that optimize business continuity and he frequently leads negotiations with clients’ key suppliers, customers, and lenders – particularly during restructuring initiatives. An additional focus of Daniel’s engagements is mentoring management and developing strategies during times while the company may be operating outside its normal course of business.
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.
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• We will inform you of any changes that affect you, especially when it comes to in-person events. This includes any cancellation notices or changes to venue, format, or safety guidelines.
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• Help us keep everyone in attendance safe by not attending an event if, within the 10 days prior to the event:
♦ You have tested positive for COVID-19;
♦ You have experienced any symptoms of COVID-19; or
♦ You have been in close contact with someone who has tested positive for COVID-19.
• Be respectful of the personal comfort level of other attendees when it comes to physical distancing, including shaking hands or other gestures common in networking environments.
By registering for and attending a Missouri Bar event, you agree to take necessary measures, including departing the event, and to notify The Missouri Bar at COVID-Advise@mobar.org if you test positive for COVID-19 or begin to experience symptoms of COVID-19. Furthermore, you agree to notify The Missouri Bar at COVID-Advise@mobar.org if you test positive for COVID-19 within 10 days after the event.
Please also be advised that, pursuant to RSMo. 537.1005, effective Aug. 28, 2021, “under Missouri law, any individual entering the premises or engaging the services of the business waives all civil liability against the individual or entity for any damages based on inherent risks associated with an exposure or potential exposure to COVID-19, except for recklessness or willful misconduct.”
Please contact The Missouri Bar with any questions or concerns.