C E N T R A L F L O R I D A B A N K R U P T C Y
L AW A S S O C I AT I O N
P R E S E N T S I T S A N N U A L S E M I N A R
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E M B A S S Y S U I T E S - D O W N TO W N O R L A N D O
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BANKRUPTCY:
CFBLA SEMINAR 2011
BANKRUPTCY: HAVE WE HIT THE CEILING?
Events Schedule
8:00 - 8:20 a.m.
Registration
8:20 - 8:30 a.m.
Opening Remarks
Elizabeth A. Green, Chairperson of the 2011 Bankruptcy Seminar
8:30 - 9:20 a.m.
Chapter 13 Case Law Update
Laurie K. Weatherford, Chapter 13 Standing Trustee, Stuart
Ferderer, Attorney for Laurie K. Weatherford, Jan Lingo and Sydney
Jones, Paralegals
9:20 - 10:10 a.m.
The Ins and Outs of Chapter 13
Laurie K. Weatherford, Chapter 13 Standing Trustee, Stuart
Ferderer, Attorney for Laurie K. Weatherford, Jan Lingo and Sydney
Jones, Paralegals
10:10 - 10:20 a.m..
Morning Break
10:20 - 11:10 a.m.
Fiduciary Responsibilities of Professionals in Bankruptcy
Donald F. Walton, United States Trustee for Region 21 and Barry E.
Mukamal, Marcum LLP
11:10 - 12:00 p.m.
“Osborne v. Dumoulin—Can the Price of the Wild Card be the Debtor’s
Home and other Current Issues in Chapter 7”
Melissa Youngman, McCalla Raymer, LLC, Jeffrey S.
Ainsworth, Mangum & Associates, P.A. and Emerson Noble,
Chapter 7 Trustee
12:00 - 1:10 p.m.
Lunch
Untangling the Madoff Webb
Luncheon Speaker: David J. Sheehan, Partner, Baker Hostetler,
LLP and Lead Counsel for the SIPC Trustee, Irving Picard in the
liquidation of Bernard Madoff Investment Securities, LLC
1:10 - 2:00 p.m.
The Legal Quagmire of Individual Chapter 11 Cases
CFBLA SEMINAR 2011
BANKRUPTCY: HAVE WE HIT THE CEILING?
Events Schedule
continued
2:00 - 2:50 p.m.
The Emerging Technologies that are about to Radically Transform
Business, Law and Your Life
Gary Marchant, Lincoln Professor Emerging Technologies, Law
and Ethics at the Sandra Day O’Connor College of Law
2:50 - 3:00 p.m.
Afternoon Break
3:00 - 3:50 p.m.
No Lawyer? The Ethical Obligations of Dealing with Pro Se Debtors,
Creditors and Litigants
Harley Riedel, Partner, Stichter, Riedel, Blain and Prosser and Professor
Jeffrey Davis, University of Florida College of Law
3:50 - 4:40 p.m.
What Now? How to Confirm a Chapter 11 Plan
Denise D. Dell-Powell, Partner, Burr & Foreman, Kenneth D. (Chip)
Herron, Jr., Partner, Wolff, Hill, McFarlin & Herron, P.A.,
Elizabeth A. Green, Partner, Baker & Hostetler, LLP and Justin Luna,
Latham, Shuker, Eden and Beaudine, LLP
4:40 - 5:20 p.m.
Effective Litigation Strategies
SEMINAR SPEAKERS
IN ORDER OF APPEARANCE
Laurie K. Weatherford
graduated from University of Florida, B.S. in 1978 with honors. She graduated from Cumberland School of Law of Samford University, J.D., cum laude, in 1986. She has served as Chairman of the Orange County Bar Association Bankruptcy Committee. She formerly served as a Chapter 7 Trustee prior to her appointment as Standing Chapter 13 Trustee for the Orlando Division.Stuart Ferderer
graduated from the Thomas M. Cooley School of Law in Lansing, Michigan in 1988. He was a law clerk for the Legal Drafting Division of the Michigan Legislative Service Bureau. He has represented debtors and creditors in the Middle District of Florida since 1988.Jan Lingo
is a paralegal working for the Chapter 13 Standing Trustee for the Middle District of Florida, Orlando Division. She graduated from Valencia Community College in 1984. She has been employed as a legal assistant since 1982, working while in col-lege, and as a bankruptcy paralegal for more than 20 years. Jan has worked for the Chapter 13 Standing Trustee since October, 2000.Sydney A. Jones
graduated from the University of Central Florida in 1987 with a degree in Legal Studies. She worked for Maguire Voorhis & Wells, P.A. under the Honorable Michael G. Williamson and Laurie K. Weatherford from June, 1987 to Decem-ber 2006 as a paralegal. She became a paralegal with the Chapter 13 Trustee’s Office DecemDecem-ber, 2006. Ms. Jones is past Chair of the Paralegal Subcommittee of the CFBLA from 1993 to 1995.Donald F. Walton
is the United States Trustee for Region 21 (Georgia, Florida, Puerto Rico and the U.S. Virgin Islands) and concurrently is serving as the Acting Deputy Director of the Executive Office for United States Trustees. He received his under-graduate degree from the University of North Carolina at Chapel Hill at which time he received a commission in the United States Navy Reserve. He attended law school at the University of Georgia where he received his Juris Doctor degree, cum laude. Mr. Walton clerked for the Honorable James C. Hill, Judge, United States District Court for the Northern District of Georgia and the United States Circuit Court of Appeals for the Fifth Circuit. After completion of his judicial clerkship, Mr. Walton practiced law for 11 years in Atlanta until he was appointed as an Assistant United States Trustee in August, 1987. Prior to his current appointment, he served as Acting United States Trustee for Region 21 from 1992 to 1997, Acting United States Trustee for Region 3(Pennsylvania, Delaware and New Jersey) from October 2001 to March 2003, Acting General Counsel of the United States Trustee Program from October 2003 to April 2005, and Acting Deputy Director of the Executive Office for United States Trustees from April 2005 to December 2007. In 1992, Mr. Walton was presented with the Attorney General's Award for Distinguished Service.
Barry Mukamal
, CPA*,PFS,ABV,CFE, CFF Profile Partner and Bankruptcy Trustee So. District of Florida. Mr. Mukamal brings more than 30 years of multidisciplinary experience to the Advisory Services division. He successfully addresses complex issues in bankruptcy and insolvency‚ capital recovery‚ fraud‚ business valuation‚ and economic damages. A Chapter 7 Panel Trustee in the Southern District of Florida‚ Mr. Mukamal has extensive experience operating businesses and liquidating their assets in the U.S. Bankruptcy Court system as well as in state court proceedings. He has been appointed as liquidating trustee and/or plan admin-istrator in numerous complex cases requiring administration and resolution of litigation‚ quantification of economic damages‚ and resolution of claims. As plan administrator or trustee on several failed commercial real estate projects‚ Mr. Mukamal has managed and marketed the completion of construction projects including resolving related creditor claims and construction contractor claims. Mr. Mukamal has represented debtors‚ creditors‚ and creditors’ committees in matters of insolvency fraud and abuse‚ and has as-sisted trustees in their asset recovery efforts. He has served as a court appointed receiver and mediator‚ and has testified as an expert witness at the local‚ state and federal level. Mr. Mukamal’s litigation support experience includes matrimonial dissolution, lost prof-its litigation, fraud investigations, accounting malpractice, and business valuation. He has been involved in numerous high profile, high-net-worth divorces involving assets in the U.S. and abroad. In addition, he has been retained in investigations and embezzle-ment issues associated with financial fraud schemes, occupational fraud, and Ponzi schemes.the representation of secured creditors in consumer bankruptcy proceedings. In addition, Ms. Youngman represents creditors in all aspects of insolvency, including workouts, bankruptcy, business reorganization, and assignments for the benefit of creditors. Ms. Youngman is certified in Business Bankruptcy by the American Board of Certification, and is a member of the state bars of Florida and New York. In addition, Ms. Youngman is admitted to practice before all of the United States District Courts in Florida and New York, as well as the United State Court of Appeals for the 11th Circuit, and the Supreme Court of the state of Florida. Ms. Young-man received her J.D. from St. John’s University School of Law in 2002 and her B.A. from the University of Florida in 1998. While in law school, Ms. Youngman served as an editor of the American Bankruptcy Institute Law Review and interned for the Honorable Joanna Seybert of the United States District Court for the Eastern District of New York. Prior to joining McCalla Raymer, Ms. Youngman was an associate at Wolff, Hill, McFarlin & Herron, P.A., located in Orlando, for two years and was an associate in the financial restructuring and bankruptcy department of Fox Rothschild LLP, located in New York, New York, for five years. Ms. Youngman serves as a board member of the Central Florida Bankruptcy Law Association, is a former board member of the New York chapter of the International Women’s Insolvency and Restructuring Confederation (IWIRC), and is an active member of the Orlando Junior League.
Emerson Noble
received his B.S. Degrees in Accounting and in Finance from Florida Southern College in 1988. He became a Certified Public Accountant with the State of Florida in 1991. He was an Internal Revenue Agent for the Internal Revenue Service in Orlando for 14 years. Mr. Noble audited over 1,000 business tax returns of every type of industry imaginable, served as expert witness in several criminal trials while working along with the US Attorney’s Office, the FBI and Securities and Exchange Commis-sion. He is a CPA and founding shareholder of Noble & Noble, Certified Public Accountants – Established in 1989, which is a full service CPA firm specializing in service to non-profit organizations. Mr. Noble has been a Chapter 7 Panel Trustee in the Orlando Division for the past 7 years.David J. Sheehan
is a fellow in the American College of Trial Lawyers and a Life Fellow of the American Bar Foundation. First and foremost, he is a trial lawyer who has tried cases in federal and state courts throughout the country before both judges and juries, principally in the areas of intellectual property, product liability and business litigation. Since December 2008, Mr. Sheehan has been lead counsel for the global representation of the Securities Investor Protection Corporation (“SIPC”) liquidation of Bernard L. Mad-off Investment Securities LLC in connection with one of the largest financial frauds in recorded history. Mr. Sheehan served as a Lieutenant in The United States Navy Judge Advocate General’s Corps from 1969 to 1973. Mr. Sheehan is recognized by his peers as one of the leading trial lawyers in the New York metropolitan area. He was named one of the Top 100 Lawyers in the Metropoli-tan New York area in the New York Times edition of “Super Lawyers” in 2007. He has been named one of the Best Lawyers for busi-ness litigation in the states of New York and New Jersey for several years. In the pro bono arena, Mr. Sheehan is deeply committed to providing legal services in support of the public interest and the rights of our citizens. His contributions throughout the course of his career were honored when he was awarded the Thurgood Marshall Award from the Association of the Bar of the City of New York for his work on death penalty cases.Honorable Michael G. Williamson
was appointed to the bench on March 1, 2000. He sits as a bankruptcy judge in the Middle District of Florida, Tampa Division. Judge Williamson graduated from Duke University in 1973 and from Georgetown Uni-versity Law Center in 1976. He began his bankruptcy practice serving as a Chapter 7 panel trustee in 1977. Thereafter, in the follow-ing 23 years, he represented numerous Chapter 11 corporate debtors, creditors' committees, and trustees in bankruptcy cases pendfollow-ing throughout the state of Florida. Judge Williamson is past chair of the Committee on Creditors’ Rights, Section of Litigation, Ameri-can Bar Association; past chair of the Business Law Section of The Florida Bar and that section’s Bankruptcy/UCC Committee; and a Fellow of the American College of Bankruptcy.Frank M Wolff
has been practicing primarily bankruptcy law since he was admitted to the Florida Bar in 1981. Frank attended law school at the University of Florida, from which he graduated cum laude in 1980 and was an editor on law review. Frank is a member of the American Bankruptcy Institute and a member and former chairman of the Bankruptcy Committee of the Orange County Bar Association, and has served as treasurer and director of the Central Florida Bankruptcy Law Association. Certified in Business Bankruptcy by the American Board of Certification.Gary Marchant
is a Professor of Law, Executive Director and Faculty Fellow, Center for Law, Science & Innovation, Lincoln Professor of Emerging Technologies, Law and EthicsSenior Sustainability Scientist, Global Institute of Sustainability, ASU and Associate Director, Origins Initiative at ASU. Gary Mar-chant’s research interests include the use of genetic information in environmental regulation, risk and the precautionary principle, legal aspects of personalized medicine, and regulation of emerging technologies such as nanotechnology, neuroscience and biotech-nology. He teaches courses in Environmental Law, Law, Science & Technology, Genetics and the Law, Biotechnology: Science, Law and Policy, and Nanotechnology Law & Policy. He also is a professor in ASU’s School of Life Sciences. Prior to joining the College faculty in 1999, Professor Marchant was a partner at the Washington, D.C., office of Kirkland & Ellis, where his practice focused on environmental and administrative law. During law school, he was Editor-in-Chief of the Harvard Journal of Law &
Technology and editor of the Harvard Environmental Law Review, and was awarded the Fay Diploma (awarded to top graduating
student at Harvard Law School). Professor Marchant frequently lectures about the intersection of law and science at national and international conferences. He has authored more than 60 articles and book chapters on various issues relating to emerging technolo-gies. Among other activities, he has served on two National Research Council committees, has been the principal investigator on several major grants, and has organized numerous academic conferences on law and science issues.
Harley E. Riedel
joined Stichter, Riedel, Blain & Prosser, P.A. at its inception in 1974 after graduating from the University of Florida College of Law (with high honors), where he served as Editor-in-Chief of the University of Florida Law Review and was a member of the Order of the Coif. He has served as lead counsel for debtors in possession or other key constituencies in many of the largest Chapter 11 cases ever filed in the State of Florida. He regularly represents debtors, committees, creditors, buyers, and other parties in bankruptcy cases and out-of-court workouts. In 2007, Mr. Riedel became the third recipient (joining Don Stichter, who was the initial honoree) of the highest award of the Tampa Bay Bankruptcy Bar Association - presented for “outstanding effective-ness in the presentation of matters to the Bankruptcy Court; a reputation for thorough preparation; civility and courtesy to opposing counsel; appropriate courtroom demeanor; ethical conduct and professionalism at the highest level; and long-term service to the bankruptcy bar.” He has spoken and written on bankruptcy-related topics for the American Bar Association, The American Bank-ruptcy Institute, The Florida Bar, and numerous other legal and business groups. He is the principal author of the section on Chapter 11 Practice in both editions of the West Publishing Company publication, “Norton Handbook for Bankruptcy Trustees, Debtor-in-Possession, and Committees.”Jeffrey Davis
is a Gerald A. Sohn Research Scholar and Professor of Law, University of Florida Levin College of Law. He re-ceived his B.S. in1965 from the University of California, Los Angeles; J.D. 1972 Loyola Law School, Los Angeles; LLM, 1973, University of Michigan. Professor Davis has specialized in Contract, Commercial, and Bankruptcy law for 33 years, publishing nu-merous articles on Consumer Credit, Bankruptcy, and Banking law. He taught at the University of South Dakota, Rutgers-Camden University, and New York University Law Schools before joining the University of Florida faculty in 1981. He is a member of the California, Florida, and American Bar Associations. He is a past chair of the Bankruptcy/UCC Committee of the Business Section of the Florida Bar, and regularly serves on the Legislation Committee of the Executive Council of the Business Section. From 1995 to 2001 he served as the Reporter for the Business Section’s Special Committee on Post-Judgment Creditors’ Remedies. In recent years he has received the Florida Law School Professor of the Year Award, the Lifetime Achievement Award from the Business Section of the Florida Bar, and has written about Florida’s new Judgment Lien Statute, the use of the In Pari Delicto defense in bankruptcy cases, and the amendments to the Florida Assignment-for-the-Benefit-of-Creditors law.Jacksonville Bankruptcy Bar Association. She is a member of the State Bar of Georgia, Orange County Bar Association, American Bar Association, American Bankruptcy Institute, the Central Florida Bankruptcy Law Association, and the International Women’s Insolvency and Restructuring Confederation. She earned her law degree from Mercer University School of Law and received her Bachelor of Science from Florida State University. Denise has been a frequent lecturer, presenter and author on bankruptcy, restruc-turing and related issues. She has presented at conferences and seminars sponsored by the American Bar Association, The Florida Bar, The Bankruptcy / UCC Section of The Florida Bar, the Florida Bankers Association, the Jacksonville Bankruptcy Bar Associa-tion, the Central Florida Bankruptcy Law Association and Lorman Education Series.
Kenneth D. (Chip) Herron, Jr
. attended the University of Alabama and received his B.A. Degree in 1983. He received his law degree in 1987 from Stetson University, College of Law, cum laude. Chip was admitted to the Florida Bar in 1987. He is also admitted to practice in the United States Court of Appeals, Eleventh Circuit, and the United States District Court in the Middle and Southern Districts of Florida. Chip is a member of the panel of Chapter 7 trustees in the United States Bankruptcy Court in Orlando, the American Bar Association, the Orange County Bar Association, the American Bankruptcy Institute, the National Association of Bankruptcy Trustees, and the Central Florida Bankruptcy Law Association. He serves as President of the Central Florida Bankruptcy Law Association. Certified in Business Bankruptcy by the American Board of Certification.Elizabeth A. Green
practices primarily in the areas of bankruptcy and creditors’ rights and has represented corporate debtors and secured creditors, unsecured creditors, committees, bondholders and trustees in bankruptcy cases of corporate and individual debtors. Ms. Green also has experience with out-of-court workouts, assignments for the benefit of creditors and in the representation of receivers. She has been recognized in Best Lawyers in America, Orlando Magazine’s Top Lawyers, Florida Trend’s Legal Elite and Florida “Super Lawyers” since 2006. She is rated AV Preeminent by Martindale-Hubbell. An active members of her commu-nity, Ms. Green has served as a Director of the Central Florida Bankruptcy Law Association since 2008 and is the immediate Past President. She is a member of the Business Law Section of The Florida Bar and is on the committee to amend the Assignment for Benefit of Creditors statute. Ms. Green is a Founder and Co-Chair of the Central Florida C.A.R.E. Program (Credit Abuse Resis-tance Education) for high school and college students.Justin M. Luna
has represented business entity debtors, secured creditors, purchasers, trustees, examiners, receivers as well as individuals in all aspects of Chapter 11 bankruptcy proceedings, bankruptcy related litigation, assignment for the benefit of creditors proceedings, foreclosure and receivership actions as well as loan workouts. Notable representations includes: The Vue at Lake Eola, Furniture Country Gallery and Goodings Supermarkets. Justin also has experience handling international litigation and cross border arbitration proceedings as well as representing business owners in international business transactions. Prior to joining Latham, Shuker, Eden & Beaudine, LLP, Justin was an associate in the Orlando office of GrayRobinson, P.A.Prior to his legal career, Justin spent time working as a business consultant. While in law school, Justin was an extern for the Honor-able Karen S. Jennemann, Bankruptcy Judge for the Middle District of Florida. He also served as the Executive Research Editor for the Florida Journal of International Law and was a member of the International Commercial Arbitration Moot Court where he com-peted in the World Finals in Vienna, Austria.
Honorable Karen S. Jennemann
was appointed to the United States Bankruptcy Court for the Middle District of Florida, Orlando Division, in November, 1993. Prior to her appointment, Judge Jennemann was a shareholder in the law firm of Mahoney Adams & Criser, P.A., Jacksonville, Florida, where she specialized in bankruptcy law, and an associate at Smith Hulsey & Busey, Jacksonville, Florida. She also served as a law clerk to the Honorable Robert Doumar, United States District Court for the Eastern District of Virginia, Norfolk Division. Judge Jennemann received her J.D. degree from the Marshall Wythe School of Law at the College of William and Mary, Williamsburg, Virginia, a Masters in Liberal Studies from Rollins College, and received her under-graduate degree from Northern Arizona University in Flagstaff, Arizona.SEMINAR REGISTRATION FORM
BANKRUPTCY: HAVE WE HIT THE CEILING?
REGISTRATION DEADLINE IS FRIDAY, SEPTEMBER 30TH
10 HOURS OF CLER CREDIT (INCLUDING 1 HOUR OF ETHICS) APPLIED FOR
Attendees:
Member of CFBLA
Non-Member
Attorneys
$225.00
$250.00
All Law Students, Paralegals and Staff $210.00
$210.00
_________________________________________________________________________________________
NAMES OF ATTENDEES
Amount
Total Amount Enclosed $___________________________
Registration fee includes a flash drive with all seminar materials as well as an annual Case Analysis of all
decisions published by Judge Arthur B. Briskman and Judge Karen S. Jennemann.
PLEASE MAKE CHECKS PAYABLE TO: Central Florida Bankruptcy Law Association
Central Florida Bankruptcy Law Association
P.O. Box 2295
Orlando, Florida 32802
For more information contact Kelly Crumbaker at [email protected]
COMPANY NAME:
ADDRESS:
YOU ARE INVITED TO JOIN
OR RENEW YOUR MEMBERSHIP TO THE
CENTRAL FLORIDA BANKRUPTCY LAW ASSOCIATION
Membership Application/Renewal and Dues Payment
New Member_______ Renewal_______
LAST NAME, FIRST NAME:
______________________________________________________
FIRM NAME:
___________________________________________________________________
BUSINESS ADDRESS (INCLUDING CITY, STATE and ZIP CODE):
______________________________________________________________________________
________________________
________________________________
BUSINESS TELEPHONE
FAX NUMBER
E-MAIL ADDRESS (VERY IMPORTANT):
______________________________________________________________________________
Membership Types and Fees
____ Regular Membership - Fee is $75.00 (Attorneys) I AM A MEMBER IN GOOD STANDING OF THE FLORIDA
BAR OR ANOTHER STATE BAR ASSOCIATION.
Florida Bar No. ___________________________________________________________
____ Associate Membership - Fee is $50.00 (Non-Attorneys; Paralegals, Consultants, Auctioneers and Students) BY
PROFESSION OR OCCUPATION, I APPEAR IN BANKRUPTCY COURT, OR OTHERWISE PARTICIPATE IN
BANKRUPTCY CASES, OR I AM A PARALEGAL EMPLOYED BY OR ASSOCIATED WITH A REGULAR
MEMBER.
____ Affiliate Membership - Complimentary! I AM AN EMPLOYEE OF THE U.S. TRUSTEE'S OFFICE, THE
CLERK'S OFFICE OR AM A LAW CLERK FOR A RESIDENT JUDGE OF THE UNITED STATES BANKRUPTCY
COURT FOR THE MIDDLE DISTRICT OF FLORIDA, ORLANDO DIVISION.
X__________________________________________
SIGNATURE OF APPLICANT
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Travel I-4 East: Take exit 82B, South Street. Turn right on
South Street. Turn right at 2nd light on Orange Ave.
Immedi-ately, turn left at first light on Anderson Street. Turn left at 2nd
light on Rosalind Ave. At the 4th light, turn right on Pine
Street. The hotel is the first building on the left.
Travel I-4 West: Take exit 82B Anderson St. Turn left on Anderson Street. Go two blocks and turn left onto Rosalind
Ave. At the 4th light, turn right on Pine Street. The hotel is the
first building on the left.
Travel I-95 South: Take I-4 West. Take exit 82B Anderson St. Turn left on Anderson Street. Go two blocks and turn left onto
Rosalind Ave. At the 4th light, turn right on Pine Street. The
hotel is the first building on the left.
Travel Florida Turnpike North or South: Take I-4 East. Take exit 82B, South Street. Turn right on South Street. Turn right
at 2nd light on Orange Ave. Immediately, turn left at first light
on Anderson Street. Turn left at 2nd light on Rosalind Ave. At
the 4th light, turn right on Pine Street. The hotel is the first
building on the left.
