Total Credits: 7.2 MCLE, 1.2 Ethics, 7.0 Kansas Credit, 1.0 Kansas Ethics
8:30-9 a.m. | Registration
9-10 a.m. | Case law update
Speakers: Hon. Bonnie L. Clair, U.S. Bankruptcy Court, Eastern District of Missouri, St. Louis; Wendell J. Sherk, Attorney at Law, St. Louis; David A. Warfield, Thompson Coburn LLP, St. Louis
This session will be a review of recent cases.
10-10:10 a.m. | Break
10:10-11:10 a.m. | Chapter 13 hot topics
Speakers: Diana S. Daugherty, Ch. 13 Bankruptcy Trustee for the Eastern District of Missouri, St. Louis; Randall Oettle, R.O.C. Law, St. Louis; Daniel A. West, SouthLaw PC, St. Louis
A discussion of timely issues affecting Chapter 13 bankruptcy practice in the Eastern District of Missouri.
Focus points include:
11:10-11:20 a.m. | Break
11:20 a.m.-12:20 p.m. | The plans, they are a changin'…Plan modification
Speakers: Spencer P. Desai, Desai Law Firm LLC, St. Louis; Abigail B. Willie, Saint Louis University School of Law, St. Louis
This presentation will discuss best practices in plan modifications, focusing on statutory consideration, and common challenges and issues arising in the post-confirmation modification context. Case law developments and local rule expectations will be addressed.
12:20-1:30 p.m. | Lunch (provided)
1:30-2:30 p.m. | The roof, the roof, the roof is on fire…Landlords' and tenants' rights
Speakers: Christopher D. Lee, Sandberg Phoenix & Von Gontard, St. Louis; Angela M. Redden-Jansen, Gorman & Sandrini, Maplewood; Sarah E. "Shay" Tomlinson, Summers Compton Wells, St. Louis
A discussion of problems arising between landlords and tenants--both in and out of bankruptcy.
2:30-2:40 p.m. | Break
2:40-3:40 p.m. | New Article 12 and amended Article 9 of the Uniform Commercial Code
Speakers: Jaden G. Banks, U.S. Bankruptcy Court, Eastern District of Missouri, St. Louis; Brian J. LaFlamme, Summers Compton Wells LLC, St. Louis
This session covers proposed amendments to the Uniform Commercial Code, including a discussion of a new Article 12 on controllable electronic records and changes to
Article 9.
3:40-3:50 p.m. | Break
3:50-4:50 p.m. | Civility in the practice of bankruptcy
Speakers: Hon. Kathy A. Surratt-States, U.S. Bankruptcy Court, St. Louis; Kimber Houpt Baro, Baro Law Firm, Florissant
We will review what bankruptcy courts across the country are doing in recent decisions regarding bankruptcy attorney fees and conduct.
4:50 p.m. | Adjourn
Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.
| 01 Case Law Update (540.1 KB) | Available after Purchase | ||
| 02 STL Chapter 13 Hot Topics (759.1 KB) | Available after Purchase | ||
| 03 Plan Modification (675.5 KB) | Available after Purchase | ||
| 04 STL Landlord & Tenant Rights (399.4 KB) | Available after Purchase | ||
| 05 Article 12 (657 KB) | Available after Purchase | ||
| 06 Civility in the practice of law (1005.5 KB) | Available after Purchase | ||
| MOLAP Information (210.1 KB) | Available after Purchase | ||
| MCLE Form (184 KB) | Available after Purchase | ||
Mr. Banks received his B.A. from Brigham Young University - Idaho and J.D. from University of Missouri - Columbia. After law school, he clerked for the Missouri Court of Appeals, Southern District and currently clerks for Judge Bonnie Clair of the U.S. Bankruptcy Court for the Eastern District of Missouri.
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.
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.
Mr. Brian J. LaFlamme received his B.A. degree from Bradley University and his J.D. degree from University of Missouri-Columbia. He is a member of the firm Summers Compton Wells LLC in St. Louis, Missouri. Mr. LaFlamme represents individuals and corporate entities in need of assistance with a wide range of financial issues, in and out of bankruptcy court and state court. In particular, he represents Chapter 7 bankruptcy trustees, state court receivers, secured and unsecured creditors and corporate and consumer debtors. He occasionally lectures on bankruptcy and receivership issues at CLE seminars.
Spencer concentrates his practice in the areas of bankruptcy, business reorganization, business loan workouts and debtor/creditor rights. He has represented small business and individual borrowers in proceedings, workouts, defense of fraud and collection actions. Spencer addresses his client’s needs of today for them to capitalize on the opportunities of tomorrow.
Christopher joined Sandberg Phoenix in 2022 and is part of the Business Litigation practice group. He focuses his practice in the areas of community association law, creditor’s rights, mortgage servicing law and bankruptcy. He has represented a large number of secured and unsecured creditors in both bankruptcy and general litigation settings. He understands that litigation can be a stressful and strives to give clear and thorough communications to put them at ease.
Christopher was selected as a local bankruptcy rules committee member, was an editor for the Saint Louis Pubic Law Review for which he was also selected for publication. He also has been chosen to speak at a number of CLEs by judges, the United State Trustee’s Office and the Missouri Bar.
Randall Oettle is an aggressive litigation lawyer who fights for his clients and seeks fair settlements at the least possible expense. He has over 28 years of experience, and he is a Missouri Bar lawyer.
He was admitted to the bar in three area federal district courts and has been aggressively handling family law issues, including child custody, child support, contempt actions, paternity judgment, legal separation, and asset distribution. His practice at ROC Law is especially attuned to the financial impact of a divorce decree on his clients.
Mrs. Jansen provides top quality legal service in the area of debtors rights. She files bankruptcies on behalf of those clients that need that service, but she also represents her clients against overreaching banks and lenders ensuring that the borrower is on even footing with even the largest banks in the land.
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.
Sarah E. (Shay) Tomlinson is a litigation associate with Summers Compton Wells. Shay concentrates her practice on business litigation including employment matters, restructuring, bankruptcy, and government compliance.
Shay earned her law degree from Saint Louis University School of Law. Following graduation, Shay served as a judicial law clerk in the United States Bankruptcy Court for the Eastern District of Missouri and served as a Trial Attorney with the U.S. Department of Justice. She is a contributing author to the ABI Journal and The Wyoming Lawyer.
David A. Warfield is a co-chair of Thompson Coburn's Financial Restructuring practice group.
Dan joined the firm in May 2000 and is a Shareholder and Managing Attorney over the St. Louis, Missouri operation. He is currently licensed to practice law in Missouri and is also admitted to practice before the United States District Court for the Eastern and Western Districts of Missouri and the Federal District of Kansas and the Federal District of Nebraska. He obtained his B.A. in Finance from the University of Missouri-Columbia in 1994. He obtained his law degree from the University of Missouri-Columbia in 1997.
Dan has concentrated his practice of law representing secured creditors in bankruptcy and related litigation, primarily in the Eastern District of Missouri since 1997. He is a noted speaker at various industry conferences and an author in regional and national publications.
Professor Willie is a Visiting Assistant Professor at Saint Louis University School of Law.
The Missouri Bar takes the safety and well-being of its members, the public, and its employees very seriously. We continue to monitor the latest public health updates. We will inform you of any changes to events that affect you. This includes any cancellation notices or changes to venue, format, or safety guidelines.
We encourage all attendees of Missouri Bar events to be aware of and follow public health guidelines for large gatherings. Help us keep everyone in attendance safe by not attending an event if you are ill or believe you may be contagious. 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 reasonable health and safety precautions and to abide by The Missouri Bar’s posted meeting guidelines.
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.
