46th Annual Bankruptcy Institute

THURSDAY, DECEMBER 7, 2023

5:30 Early Arrivals Reception

5:30–7:00 PM

Sponsored by Rogers Realty & Auctions Co., Inc.

FRIDAY, DECEMBER 8, 2023

7:45 Registration and Continental Breakfast

Sponsored by Finley Group

8:25 Welcome and Introductions

8:30 Business Owners and Their Interests

Judge J. Craig Whitley, U.S. Bankruptcy Court for the Western District of NC, Charlotte
John Paul H. Cournoyer, U.S. Bankruptcy Administrator for the Middle District of NC, Greensboro
Rebecca F. Redwine, Hendren Redwine & Malone PLLC, Raleigh

Business owners and their ownership interests can create very sticky issues for practitioners (and trustees!) across every chapter of the bankruptcy code. This panel addresses a wide range of issues that arise — from first rights of refusal to valuations to the authority to file — and what attorneys should analyze when faced with an ownership interest issue.

9:30 Break

Sponsored by Leland Little Auctions

9:40 Merchant Cash Advance Lending

Chief Judge Lena M. James, U.S. Bankruptcy Court for the Middle District of NC, Winston-Salem
Blake Y. Boyette, Buckmiller Boyette & Frost PLLC, Raleigh
Richard P. Cook, Cape Fear Debt Relief, Wilmington

Small businesses facing a cash crunch frequently turn to lenders of last resort who can provide over six figures in funding in less than 48 hours. In the last decade, "merchant cash advance" companies have sprouted up to help fill this funding void. This panel discusses what a merchant cash advance is and the varying views on how they are to be treated in bankruptcy cases.

10:40 Break

10:50 Student Loan Discharge Issues

Chief Judge Laura T. Beyer, U.S. Bankruptcy Court for the Western District of NC, Charlotte
Rashad Blossom, Blossom Law PLLC, Charlotte
Jenny P. Holman, Chapter 13 Office for the Western District of NC, Charlotte

Last year, the Department of Justice (DOJ) issued new guidance in coordination with the Department of Education that should allow bankruptcy debtors to be far more successful in obtaining discharge of their student loans. The key to the new process is bankruptcy debtors completing an attestation form to seek the DOJ's agreement to settle the debtor's undue hardship discharge proceeding. The guidance provides a more objective framework for applying the three-part test courts have used in deciding undue hardship. This session discusses the application of the new guidance and the possible effects on a pending bankruptcy case.

11:50 Bankruptcy Section Awards

Presented by Shelley Koon Abel, 2023–2024 Bankruptcy Section Chair

12:05 Lunch Break

Sponsored by GreerWalker LLP

1:00 Circuit Splits and Hot Topics

Judge Benjamin A. Kahn, U.S. Bankruptcy Court for the Middle District of NC, Greensboro
Judge David M. Warren, U.S. Bankruptcy Court for the Eastern District of NC, Raleigh
William J. "Bill" Rochelle III, American Bankruptcy Institute, Santa Fe, NM

A panel of two judges, with the assistance of ABI's Bill Rochelle, analyzes the most controversial and consequential circuit splits around the country (including the Fourth Circuit) that are dividing courts in both consumer and reorganization cases.

2:00 Break

Sponsored by Williams Overman Pierce

2:10 Professional Responsibility^*

Brad Stulberg, Asheville

We are living through a time of accelerating and intensifying change. Old models conceive of change as order, disorder, reorder. But there is no going back to the way things were — we are constantly going through cycles of order, disorder, reorder. Yes, we crave stability, but that stability is somewhere new, and we can be active participants in shaping it. This talk equips you with the skills to navigate, grow from and shape change —personally, professionally and in your communities. Attendees learn about a core skill called "rugged flexibility," along with the importance of setting appropriate expectations, how to create space to respond (not react) to challenges, how to cultivate an identity that is strong yet adaptable, and so much more.

3:10 Break

3:20 Judges' Panel: State of the Districts

Judge Benjamin A. Kahn, U.S. Bankruptcy Court for the Middle District of NC, Greensboro
Judge David M. Warren, U.S. Bankruptcy Court for the Eastern District of NC, Raleigh
Judge J. Craig Whitley, U.S. Bankruptcy Court for the Western District of NC, Charlotte

Hear from U.S. Bankruptcy Court judges from the Eastern, Middle and Western Districts of North Carolina as they discuss topics of interest and importance to the bench in their respective districts and beyond.

4:20 Break

4:30 Taking Bankruptcy International

J. Rich Leonard, Campbell University School of Law, Raleigh

With the assistance of a Fulbright Specialist Award, Dean Leonard taught for five weeks at the Jigme Singye Wangchuck School of Law in Bhutan. He is developing a novel course in comparative international bankruptcy law, looking at bankruptcy systems in the United States, Europe — and of particular interest to the Bhutanese, as these are their neighbors — China and India. A particular focus is how cross-border insolvencies are handled, with the penultimate issue being whether bankruptcy has any role to play in a small, largely rural country like Bhutan. He shares his insight as he reflects on this experience.

5:30 Adjourn for the Day

5:30 Networking Reception

5:30–7:30 PM

Sponsored by B. Riley Davis Advisory Services and Iron Horse Auction Company

Entertainment sponsored by Davis Forensic Group and Great Neck Realty

7:30 Dine-Around Dinners

SATURDAY, DECEMBER 9, 2023

7:45 Continental Breakfast

8:25 Announcements and Introductions

8:30 Farming and Bankruptcy

Judge Joseph N. Callaway, U.S. Bankruptcy Court for the Eastern District of NC, Greenville
John C. Bircher III, Davis Hartman Wright LLP, New Bern
Ashley A. Edwards, Parker Poe Adams & Bernstein LLP, Charlotte
Matthew P. Weiner, Poyner Spruill LLP, Raleigh

This panel covers the recent statistics on Chapter 12s in North Carolina and across the United States. Thereafter, panelists address a variety of hot topics in Chapter 12, including a comparison of Chapter 12 versus Subchapter IV and considerations for the use of each, FSA payments and the desperate treatment of farmers under the Inflation Recovery Act, tax issues under Section 1232, and the treatment of carbon credits in bankruptcy in terms of property rights and liabilities. The discussion concludes with a Chapter 12 case update.

9:30 Break

9:40 Hot Topics in Chapters 7 and 13

Judge Pamela W. McAfee, U.S. Bankruptcy Court for the Eastern District of NC, Raleigh
Sheree Cameron, Cameron Bankruptcy Law, Raleigh
Kimberly A. Sheek, Law Office of Kimberly A. Sheek, Charlotte

In this session, a judge and two seasoned consumer bankruptcy attorneys discuss hot topics in consumer bankruptcy cases. The panelists also consider recent opinions in consumer cases and how those opinions may impact consumer practice.

10:40 Break

10:50 Criminal Investigations and Prosecution and Their Impact on Bankruptcy

Benjamin Bain-Creed, U.S. Attorney's Office, Charlotte
Michael L. Martinez, Grier Wright Martinez PA, Charlotte
Robert A. "Rob" Mays, Mays Johnson Law Firm, Asheville

Experienced civil and criminal law practitioners discuss the frequent intersection of bankruptcy and federal criminal prosecutions. Topics for discussion include federal forfeiture and restitution, asset recovery via differing proceedings, victim losses in federal prosecutions, and how federal prosecutions sometimes converge with and sometimes diverge from bankruptcy proceedings.

11:50 Boxed Lunch

Sponsored by Clio

12:15 Cryptocurrency and Other Digital Assets

Ryan Griffith, AlixPartners, Bel Air, MD
Jason L. Hendren, Hendren Redwine & Malone PLLC, Raleigh

During this session, presenters provide a brief history of cryptocurrency and other digital assets, as well as an introductory overview of the technology. The presentation also includes a summary of key developments in bankruptcy cases involving cryptocurrency. Finally, the session concludes with a discussion of forensic tools available for tracing cryptocurrency transactions to assist attorneys and trustees in bankruptcy cases.

1:15 Break

1:25 Substance Abuse/Mental Health^†

John A. "Sean" Doyle, MCNC, Raleigh

The practice of law can be difficult, tedious and contentious. As a result, lawyers historically have had some of the highest rates of substance abuse, depression, job dissatisfaction, and a whole other parade of horribles. And yet, there are those among us who report that the practice of law makes their lives undeniably richer and more meaningful. In this session, we explore the threats to a lawyer's well-being, the signs and symptoms of alcohol and substance abuse, and where to get help. However, importantly, we will also draw from research in the psychology of well-being to discover practical strategies to help ensure our practices contribute to the betterment of our lives.

2:25 Adjourn

* Indicates portion providing Ethics/Professional Responsibility credit
† Indicates portion providing Substance Abuse/Mental Health credit

Description

The program features a keynote address by former Judge Rich Leonard, who serves as Dean of Campbell Law School, and participation by all the U.S. Bankruptcy Court judges in North Carolina, as well as ABI commentator Bill Rochelle, bestselling author Brad Stulberg, and other experts and thought leaders.

Gold Sponsors

Silver Sponsors

Bronze Sponsors

HOTEL INFORMATION
Room blocks with the hotel are sold out. As an alternative hotel, The Four Points by Sheraton Asheville Downtown is within walking distance of the CLE location. Alternative accommodations can also be made through various online sites such as VRBO or Airbnb for properties in Asheville.

If you did not attend this program in its entirety, please fill out a partial credit form to ensure that we report your credit accurately.

Please send your completed form to askcle@ncbar.org within seven days of this program.

As an attendee at this CLE program, your feedback is important.

Click here to fill out the program evaluation.

Click here to view Forms and CLE Policies, Terms and Conditions.

If paying by check, click here for a printable registration form. Please reference the in-person live program code 275ABI.

Can't attend in person? Please contact us at askcle@ncbar.org or 919.677.0561 to switch your registration to the Live Webcast before the start of the program.

(After the live CLE program begins, you will have real-time access to only the program format for which you are registered — either In-Person Live or Live Webcast — and your registration cannot be switched.)

Certificate of Completion and Archived Video: Your certificate of completion and archived video will be available approximately two weeks of the program date and can be found in your CLE account. MCLE credit is available to registrants only on the day(s) of the live event. This archived content is offered solely for review purposes and is not a substitute for live attendance. Click here for more information about archive videos in our FAQ.