Bankruptcy
38th Annual Bankruptcy Institute
LIVE
Friday-Saturday, November 6-7, 2015
Pinehurst Resort, Pinehurst
VIDEO REPLAYS
Cary | NC Bar Center
Tue.–Wed., Feb. 16–17, 2016
Charlotte | Hampton Inn and Suites
Wed.–Thu., Jan. 27–28, 2016
See registration form for more
video replay options.
CLE CREDIT: 9.75 Hours
including 1.0 Hour Substance Abuse/
Menal Health
Qualifies for NC State Bar
Bankruptcy Law Specialization Credit
Program Summary and Highlights
Some things old and some things new, some loans were made and now debts
have come due ... The 38th Annual Bankruptcy Institute features a roster of
dynamic speakers, who impart practical knowledge and advice about the
latest developments and trends in bankruptcy. The Institute features general
presentations applicable to all bankruptcy attorneys, including a keynote
address by Jill Michaux, from the Federal Bankruptcy Rules Committee, about
the new bankruptcy forms going into effect later this year. Additionally, there
is a panel comprised of bankruptcy judges from each of the three districts in
North Carolina discussing their views from the bench. Professor C. Scott Pryor,
Campbell Law School’s new bankruptcy professor gives his take on the latest
round of bankruptcy decisions by the Supreme Court. The Institute also offers
breakout sessions concentrated on consumer and business bankruptcy issues
that are common to North Carolina practice.
• Professor Susan Hauser provides some fresh and new tools for dealing
with student loan debts.
• Professor Brian Clarke discusses depression and anxiety in the practice
of law.
• Learn from seasoned attorneys about key issues regarding the intersection
of domestic/family and bankruptcy.
• Examine important business bankruptcy matters, including advice about
fiduciary duties of the players in bankruptcy cases, 1111(b) elections and
crowdfunding as the latest method or funding startup businesses.
Planned by the NCBA Bankruptcy Section
The North Carolina Bar Association Foundation
is accredited by the North Carolina State Bar
as a provider of continuing legal education.
38th Annual Bankruptcy Institute
#471ABI | Friday–Saturday, November 6–7, 2015
FOUR WAYS TO REGISTER
ONLINE*
MAIL**
www.ncbar.org/CLE | PHONE* 800.228.3402 | FAX* 919.677.1774
| Attn: Accounting, NCBA Foundation, P.O. Box 3688, Cary NC 27519
*Credit cards only. **Please make checks payable to the NCBA Foundation.
LIVE • VIDEO REPLAY (VR)
| Select format and tuiton rate below.
REGISTRANT TYPE
EARLY BIRD TUITION
REGULAR TUITION
NCBA Bankruptcy
Section Member
$415
$490
NCBA Member
$435
$510
Non-member
$510
$585
Full-time LANC Attorney
(NCBA member)
Postmarked 7 days prior to
live program date.
Postmarked less than 6 days
prior to live program date.
 Live  VR (see below)
 Live  VR (see below)
 Live  VR (see below
 Live  VR (see below)
 Live  VR (see below)
 Live  VR (see below)
$255
 Live  VR (see below)
These categories do not
qualify for Early Bird tuition.
9 Tokens
CLE Passport Holder
 Live  VR (see below)
Judge
(NCBA Member)
$25
Clerk of Court
(NCBA Member)
$25
Law Professor
(NCBA Member)
 Live  VR (see below)
 Live  VR (see below)
$25
These categories do not
qualify for Early Bird tuition
or include any MCLE fees.
 Live  VR (see below)
Law Student
Division Member
$25
Paralegal Division
Student Member
$25
VIDEO REPLAY LOCATIONS
 Live  VR (see below)
 Live  VR (see below)
| Select your location. For details, see http://tinyurl.com/471ABI
 Cary | February 16-17, 2016, 9:00a | #471BAR
 Charlotte | January 27–28, 2016, 9:00a
| #471CHA
 Asheville | February 11–12, 2016, 9:00a
| #471ASV
REGISTRANT INFORMATION
| Please fill in the blanks.
Print Full Name: Firm/Organization Name: Address: City, State and ZIP: Daytime Phone Number: Email Address: NC State Bar No. (Required for MCLE Credit): PAYMENT
| Registration is processed only after payment is received. Please print clearly.
 Enclosed is a check, payable to the NCBA Foundation.  Please charge my credit card.
Card Number: Expiration Date: Signature: Program Agenda
Friday, November 6, 2015, 7:45a–4:45p (6.25 hours)
7:45a
Registration and Continental Breakfast
8:25
Welcome and Introductions
J. Marshall Shelton
8:30
Get Ready For Change: New Forms, New Rules, New Look - Keynote
Presentation (Sponsored by Stubbs & Perdue PA)
Jill A. Michaux
All but six official bankruptcy forms will be replaced with substantially revised,
reformatted, renumbered and modernized versions on December 1, 2015. You are
introduced to the new forms, one new rule and the proposed national Chapter 13 plan
form.
9:45
Break (Sponsored by Rogers Realty & Auction Company Inc.)
10:00
Fiduciaries Gone Wild
S. Gregory Hays, P. Wayne Sigmon and Thomas W. Waldrep Jr.
A thoughtful and sometimes humorous look into the duties and responsibilities of
trustees and other fiduciaries under the Bankruptcy Code which will help the bankruptcy
practitioner know how to deal with “troublesome” trustees and make their dealings with
all trustees run smoother.
11:15
Judges Panel
Chief Judge Laura T. Beyer, Judge Benjamin A. Kahn and Judge David M. Warren
A panel of three of our Bankruptcy Judges gives their thoughts on recent issues in the
practice.
12:15p
Networking Lunch (included at Live program only)
NCBA Bankruptcy Law Section Annual Meeting and Lifetime
Achievement Award
John C. Bircher III, White & Allen PA, New Bern, presiding 2015-2016 Section Chair
Business Breakout Sessions
1:45
1111(b) Elections
George F. Sanderson III
A discussion of what they are, when to make them and whether they are still relevant.
2:45
Business as Usual in Chapter 11
Mark Jones, Elaine Rudisill and Matthew W. Smith
A guide to successful Chapter 11 from pre-filing to employing the right people to
managing the company and getting to confirmation.
3:30Break
3:45
Crowdfunding and Legislative Update
Jeremy Todd Browner
Crowdfunding is the new thing for funding startup businesses, but how is it dealt with
when the startup files bankruptcy? Can it be used to fund a Chapter 11 and other
questions regarding the newest trend in business funding? Also a legislative update on
what is new out of Raleigh.
Consumer Breakout Sessions
1:45
The Student Loan Mess
Professor Susan E. Hauser
A toolbox of “out of the box” ideas for dealing with student loan debts by one of the
nation’s leading student loan experts. 2:45
At the Intersection of Family Law and Bankruptcy | Ledford
A. James “Jim” Siemens
A helpful guide to common domestic issues that arise in consumer bankruptcy cases and
how to handle them or who to call when things go sideways.
3:45
3:45
The Mini-11 or Using Chapter 13 for the Self-Employed or Small Business Owner
Joseph “Jody” Alton Bledsoe III and Justin W. Kay
How to handle various issues when Chapter 13 is needed by the self-employed or sole
proprietor of a small business, including sales of property, operating the business and
other issues which are more commonly associated wtih Chapter 11 than Chapter 13.
Chambers Management (No MCLE credit)
Jeanette M. Stark and B. Reid Wilcox Jr.
This presentation is designed specifically for judge’s law clerks on issues related to
chambers management and administration.
5:00Networking Reception (Sponsored by Anderson Bauman Tourtellot Vos and Iron Horse Auction Company Inc.)
Saturday, November 7, 2015, 8:00a–12:30p (3.5 hours)
8:00a Continental Breakfast
8:25Announcements
Business Breakout Session
8:30
Target Practice: Lenders in the Crosshairs
Lisa P. Sumner
There’s never a shortage of new and creative theories aimed at lenders. Come hear
what’s loaded in borrowers’ shotguns these days. we’ll focus on theories asserted
under North Carolina law, including contract, tort and statutory claims.
Consumer Breakout Session
8:30
Mediation as Another Tool in the Consumer Lawyers Toolbox
M. Ann Anderson and Jeffrey E. Oleynik
When and how to utilize mediation as a way to get the creditor to the table and solve
issues that arise in representing consumer debtors.
9:30Break
9:45General Session
SCOTUS Update – What Have They Done This Time?
Professor C. Scott Pryor
An update on recent Supreme Court cases and an analysis of what the impact of
those decisions might be by Campbell Law School’s newest professor.
10:30Break (Sponsored by Davis Forensic Group)
10:45
Depression and Anxiety in the Practice of Law†
Professor Brian S. Clarke
Brian Clarke shares his experience as an attorney, husband and father battling
depression. Diagnosed with severe clinical depression in 2005, Brian discusses his
symptoms and struggles prior to diagnosis; taking FMLA leave from work in order
to obtain treatment; the value of peer support through the North Carolina State Bar’s
Lawyer Assistance Program (LAP); managing his illness through a combination of
medication and therapy; and the hope that he feels today.
11:45
Case Update
Matthew T. Houston, Jennifer Lyday and Ethridge Brittin “Britt” Ricks
An update of recent Fourth Circuit and North Carolina Bankruptcy Court decisions.
†Indicates portion providing Substance Abuse/Mental Health credit
FINE PRINT • REGISTRATION Registrations are limited by space, and may include a live video broadcast overflow room. TRANSFERS
Registrants may transfer from a Live program, Video Replay, Webcast, Webinar or Phone/Audio Streaming Program without penalty within three
business days after the program date. CANCELLATIONS Cancellations must be received by 9:00 a.m. the third business day prior to the program
to qualify for a refund (less $25 administrative fee). Those not attending will receive the digital program materials in full consideration of tuition
paid. MCLE CREDIT The North Carolina Bar Association Foundation is an accredited CLE sponsor under the MCLE Regulations promulgated
by the NC State Bar Board of Continuing Legal Education. This program is approved (but not sponsored) by the Board for the designated number
of CLE hours. Each attorney must maintain a record of his/her attendance for the NC State Bar annual report. MCLE credit is reported by
NCBA Foundation only if a NC State Bar number is provided. Your CLE tuition includes mandatory State Bar fees used to support the State
Bar’s Mandatory Continuing Legal Education program, the Chief Justice’s Commission on Professionalism and the Chief Justice’s Equal Access
to Justice Commission. Your tuition also includes digital access to all program materials. DIGITAL PROGRAM MATERIALS You will receive
a notification email when digital materials are available to download. To retrieve digital materials, log in and select “My Course Materials” on the
CLE website. All of the materials for this program will be available for download in advance of the program. A limited number of printed books
will be available for purchase at the Live program. VIDEO REPLAYS To qualify for the Early Bird tuition, registration must be received one
week prior to program date. NC State Bar rules require a minimum number of pre-registered active State Bar members. The NCBA Foundation
reserves the right to cancel any video program prior to the program date if registrations do not meet the NC State Bar requirement. Some sites
require additional registration or evaluation forms. Visit http://tinyurl.com/471ABI to confirm video replay registration and program start
times. CLE credit hours at Video Replays are subject to change. Video replay program attendees may purchase the printed manuscript at cost.
Due to printing and shipping lead times we are unable to accommodate requests for print materials made fewer than seven (7) days prior to
any video replay program. INCLEMENT WEATHER We make every effort to notify registrants when a program is canceled or delayed due
to weather. If inclement weather is forecast, please check your local news listings or contact event venue. NCBA programs will follow the work
schedule of the hosting institutions, to include delayed openings. CLE SCHOLARSHIPS A limited number of scholarships are available to
members in financial need. Contact Membership Services at 1.800.662.7407 or email [email protected]. EVENT SPONSOR AND EXHIBITOR
OPPORTUNITIES Interested in meeting the attendees of this program? Become an exhibitor or sponsor! Contact Jennifer Shapiro at jshapiro@
ncbar.org for detailed information about these opportunities and their benefits. FOR MORE INFORMATION, VISIT WWW. NCBAR.ORG/CLE.
.
Program Information
Planner
J. Marshall Shelton, Law Office of J. Marshall Shelton, Graham
Planning Committee
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Heather W. Culp, Essex Richards PA, Charlotte
Erich M. Fabricius, Fabricius & Fabricius PLLC, Knightdale
Anna B. Osterhout, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh
Julie B. Pape, Womble Carlyle Sandridge & Rice LLP, Winston-Salem
Susanne M. Robicsek, The Law Office of Susanne M. Robicsek, Charlotte
Travis P. Sasser, Sasser Law Firm, Cary
Andrew W. J. Tarr, Robinson Bradshaw & Hinson PA, Charlotte
Robyn R. Compton Whitman, Elon
Speakers
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Chief Judge Laura T. Beyer, U.S. Bankruptcy Court, Western District, Charlotte
Judge Benjamin A. Kahn, U.S. Bankruptcy Court, Middle District, Greensboro
Judge David M. Warren, U.S. Bankruptcy Court, Eastern District, Raleigh
M. Ann Anderson, The Law Office of M. Ann Anderson, Pilot Mountain
Joseph “Jody” Alton Bledsoe III, New Bern
Jeremy Todd Browner, Browner Law PLLC, Chapel Hill
Professor Brian S. Clarke, Charlotte School of Law, Charlotte
Professor Susan E. Hauser, North Carolina Central University School of Law, Durham
S. Gregory Hays, CTP, CIRA, Managing Principal, Hays Financial Consulting, Atlanta, GA
Matthew T. Houston, K&L Gates LLP, Raleigh
Mark S. Jones, The Finley Group, Charlotte
Justin W. Kay, Ivey McClellan Gatton & Siegmund LLP, Greensboro
Jennifer A. Ledford, Higgins Benjamin PLLC, Greensboro
Jennifer Lyday, Womble Carlyle Sandridge & Rice LLP, Winston-Salem
Jill A. Michaux, Neis & Michaux PA, Topeka, KS
Jeffrey E. Oleynik, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro
Professor C. Scott Pryor, Campbell University School of Law, Raleigh
Ethridge Brittin “Britt” Ricks, U.S. Bankruptcy Court, Western District, Charlotte
Elaine Rudisill, The Finley Group, Charlotte
George F. Sanderson III, Ellis & Winters LLP, Raleigh
Lisa P. Sumner, Poyner & Spruill, Raleigh
A. James “Jim” Siemens, Siemens Family Law Group, Asheville
P. Wayne Sigmon, Sigmon & Henderson PLLC, Gastonia
Matthew W. Smith, The Finley Group, Charlotte
Jeanette M. Stark, U.S. Bankruptcy Court, Middle District, Winston-Salem
Thomas W. Waldrep Jr., Womble Carlyle Sandridge & Rice LLP, Winston-Salem
B. Reid Wilcox Jr., U.S. Bankruptcy Court, Middle District, Greensboro
Sponsors
PLATINUM SPONSORS:
Anderson Bauman Tourtellot Vos and Iron Horse
Auction Company, Inc.
GOLD SPONSOR: Stubbs & Perdue PA and Finley Group (bottled water)
SILVER SPONSORS: Davis Forensic Group and Rogers Realty & Auction Co., Inc.
Hotel Information
Contact hotel directly for reservations at the special NCBA
room rate. Rates are based on availability and may sell out.
Pinehurst Resort, 80 Carolina Vista Drive,
Pinehurst
Rate: $271 single occupancy; $174 double
occupancy–Modified American Plan (MAP). The
MAP rate is per person, per night and includes
lodging, breakfast and dinner.
Reservations: 855.268.0297 (Please mention group
code 43664.)
Cutoff Date: October 13, 2015
1. Go to www.ncbar.org/cle
2. Click on “Your Course Materials” (on right-side navigation) .
3. Log in. (If you need help with your log in, call 800.228.3402.)
4. Click on the CLE program title.
5. Download and save.
Step-By-Step Download Instructions
100% DIGITAL
Program materials are
P.O. Box 3688
Cary, NC 27519-3688
Nonprofit Org.
US Postage
PAID
Raleigh, NC
Permit #297
Attendees, 37th Bankruptcy Institute (2014)
“One of the best CLE programs I’ve attended.”
“Timely topics presented by excellent speakers.
Wonderful learning program.”
ATTENDEE TESTIMONIALS
includes 1.0 Hour Substance Abuse/Mental Health
CLE CREDIT: 9.75 Hours
Friday-Saturday, November 6-7, 2015
Pinehurst Resort, Pinehurst
LIVE • VIDEO REPLAYS
38th Annual Bankruptcy Institute
Bankruptcy