Skip to main content

Day 2 | 46th Annual Bankruptcy Institute

FRIDAY, DECEMBER 8, 2023

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

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.

12:05      Lunch Break

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

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

SATURDAY, DECEMBER 9, 2023

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      Lunch Break

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

Thank you

Thank you for joining us for 46th Annual Bankruptcy Institute.

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.

Contributors

  • Benjamin "Ben" Bain-Creed

    Benjamin "Ben" Bain-Creed is an Assistant United States Attorney and the Asset Forfeiture Coordinator in the Asset Recovery Section in the Western District of North Carolina U.S. Attorney's Office in Charlotte. He has worked in WDNC since 2008, handling all manner of civil and criminal forfeiture cases, as well as some money laundering prosecutions. During that time, he has also served on national policymaking and working groups dedicated to improving DOJ's efforts to use forfeiture to fight crime and recover money for crime victims.

    In addition, since August 2023, Ben has served a collateral duty with the Executive Office of U.S. Attorneys as DOJ's National COVID Fraud Forfeiture Coordinator, working with the Deputy Attorney General's National COVID-19 Fraud Enforcement Task Force and federal, state, local, and financial institution partners to coordinate recovery of billions in COVID fraud proceeds.

    Prior to his time in North Carolina, Ben worked for two years as a contract attorney in the Orlando U.S. Attorney's Office in the Middle District of Florida. He also briefly worked as a college English instructor and adjunct professor.

    Ben is a graduate of the University of Southern Mississippi and the University of Florida College of Law.

    Click here for more information about Ben.

  • Chief Judge Laura T. Beyer

    Chief Judge Laura T. Beyer is a U.S. Chief Bankruptcy Judge for the Western District of NC in Charlotte. In November 2011, Chief Judge Beyer was appointed by the U.S. Court of Appeals for the Fourth Circuit to a fourteen-year term as U.S. Bankruptcy Judge for the Western District of North Carolina. She is the first woman to be appointed to the bankruptcy bench in the W.D.N.C.

    Chief Judge Beyer worked in private practice at Smith Helms Mullis & Moore LLP, and went on to serve as Judge George R. Hodges' permanent law clerk prior to succeeding him upon his retirement. She has served as the Chief Judge of the Bankruptcy Court for the Western District since 2012.

    Judge Beyer has been a member of the National Conference of Bankruptcy Judges since 2012. She was appointed to the Judicial Conference Committee on Judicial Security in 2019 and was recently reappointed by Chief Justice John Roberts for an additional three-year term. Judge Beyer also began serving on the Security Committee for the National Conference of Bankruptcy Judges in 2022 and serves as co-chair of the Fourth Circuit Security Working Group.

    A native of Tifton, GA, Chief Judge Beyer earned her B.A. in Political Science from Davidson College. She worked in the development office at Davidson for two years prior to attending law school and earned her J.D. from the University of North Carolina at Chapel Hill School of Law. While at the University of North Carolina, she was Editor in Chief of the North Carolina Banking Institute.

  • John C. Bircher III

    John C. Bircher III is a partner at Davis Hartman Wright LLP in New Bern. He handles bankruptcy, creditors' rights and commercial litigation matters.

    John is licensed to practice before all state and federal courts in North Carolina, in the Northern District of Georgia and the state courts of Tennessee. He is a member of the National Association of Bankruptcy Trustees and is a member of the NABT Board of Directors, serving on the CLE Planning Committee, Assistant Editor of the American Bankruptcy Trustee Journal, and Co-Chair of the Legislative Committee. He is a member of the Bankruptcy Section of the North Carolina Bar Association, The Eastern North Carolina Inn of Court and the Eastern Bankruptcy Institute. He served as Chair of the Bankruptcy Section of the NCBA in 2015-2016. He is also on the Association of Chapter 12 Trustees Board, serving as its Treasurer beginning in 2023.

    John has successfully completed the American Board of Certification's Specialization Examinations in both Business and Consumer Bankruptcy. This certifies him as a Specialist in Business and Consumer Bankruptcy Law by the North Carolina State Bar Board of Legal Specialization. He was initially appointed to serve on the North Carolina State Bar Board of Legal Specialization, Bankruptcy Specialty Committee, and currently sits on the North Carolina State Bar Board of Legal Specialization. He was recently nominated to serve on the Dispute Resolution Council of the North Carolina Bar Association, where he serves on the Ethics Committee.

    John earned his B.S. in Criminal Justice/History from the University of North Carolina at Chapel Hill and his J.D. from Campbell University, Norman Adrian Wiggins School of Law.

    Click here for more information about John.

  • Rashad Blossom

    Rashad Blossom is an attorney with Blossom Law PLLC in Charlotte. In addition to now representing consumers and small businesses in bankruptcy cases, Rashad's practice focuses on individual and class-action litigation on behalf of consumers in state and federal courts.

    Rashad has spoken at local, regional, and national conferences on issues related to consumer bankruptcy and consumer litigation. He is past Co-Chair of the Bankruptcy CLE Planning Committee for the Western District of North Carolina. He is a member of the National Association of Consumer Bankruptcy Attorneys and the National Association of Consumer Advocates.

    Before starting his own practice in 2013, Rashad defended banks and mortgage companies in bankruptcy and consumer litigation.

    Rashad earned his B.S. in Finance from The University of Alabama and his J.D. from The University of Alabama School of Law.

    Click here for more information about Rashad.

  • Blake Y. Boyette

    Blake Y. Boyette is a partner at Buckmiller Boyette & Frost PLLC in Raleigh. He specializes in representing individuals and businesses in bankruptcy cases filed under Chapters 7, 11, 12, and 13 of the Bankruptcy Code, but often, he is able to find a resolution that allows his client to avoid filing bankruptcy.

    In addition to being one of the less than 65 attorneys in the State of North Carolina recognized as a Board Certified Specialist in Business and Consumer Bankruptcy, Blake has knowledge and experience in other practice areas as well, such as tax, civil litigation, consumer protection litigation, and agriculture. He is especially proud of his extensive work with the farmers of Eastern North Carolina, working hand in hand with his clients to resolve financial issues brought on by natural disasters, falling commodity prices, and difficulties obtaining financing, just to name a few.

    Blake earned his BA, with distinction, in History from the University of Virginia and his J.D., magna cum laude, from the University of Richmond School of Law. He served as the Lead Articles Editor for the University of Richmond Law Review.

    Click here for more information about Blake.

  • Judge Joseph N. Callaway

    Judge Joseph N. Callaway is United States Bankruptcy Judge for the Eastern District of North Carolina in Greenville. He took the oath of office on January 4, 2016.

    Prior to his appointment, Judge Callaway worked as an attorney (partner) for over 32 years with the law firm of Battle Winslow Scott & Wiley PA, in Rocky Mount and Raleigh, where he headed the bankruptcy and creditor rights practice.

    Judge Callaway is a certified specialist in both business and consumer bankruptcy law and has been listed in various years as an "Elite Business Attorney" and an N.C. "Super Lawyer" in the area of bankruptcy law by North Carolina business magazines. He also served as an officer and director of the Bankruptcy Section of the North Carolina Bar Association and is a frequent speaker at bankruptcy law seminars on bankruptcy law and commercial litigation topics.

    Judge Callaway earned his B.A. at the University of North Carolina at Chapel Hill and his J.D. from the University of North Carolina School of Law.

  • Sheree Cameron

    Sheree Cameron is a bankruptcy attorney with Cameron Bankruptcy Law in Raleigh. She has been a solo practitioner since 2003. She has been representing debtors in Chapter 7 and Chapter 13 cases for the past 20 years.

    Sheree became a certified specialist in consumer bankruptcy law in 2019 and is a member of the National Association of Consumer Bankruptcy Attorneys (NACBA).

    Sheree earned her B.A., summa cum laude, in Philosophy and Political Science from the University of Tennessee at Martin and her J.D. from the University of North Carolina at Chapel Hill Law School.

    Click here for more information about Sheree.

  • Richard P. Cook

    Richard P. Cook is the owner and managing attorney of Cape Fear Debt Relief, a boutique bankruptcy firm located in Wilmington. Founded in 2011, Cape Fear Debt Relief represents individuals and small businesses in Chapter 7, 11 and 13 cases before the U.S. Bankruptcy Courts in Eastern North Carolina.

    Richard is board certified by the North Carolina State Bar as a specialist in both business and consumer bankruptcy law.

    In February 2020, Richard was named a Chapter 11 Subchapter V Trustee for the Eastern District of North Carolina. Richard has been selected as a "Rising Star" by Super Lawyers in 2017, 2018, 2019, 2020, 2021, and 2022, and as a "Super Lawyer" in 2023. He was recognized by the American Bankruptcy Institute as a "40 Under 40" in 2020. He is a regular speaker at state and national bankruptcy conferences. In 2017, 2019, 2020, and 2021, he was recognized as a Pro Bono Honor Society Inductee by the N.C. Pro Bono Resource Center for providing over 50 hours of pro bono legal services each year.

    Prior to founding Cape Fear Debt Relief, Richard was an associate attorney with Butler & Butler LLP in Wilmington, and prior to that, an associate attorney with Brock & Scott PLLC in Winston-Salem.

    Richard earned his B.A. in Exercise and Sports Science from the University of North Carolina at Chapel Hill and his J.D. from the University of North Carolina School of Law.

    Click here for more information about Richard.

  • John Paul H. "JP" Cournoyer

    John Paul H. "JP" Cournoyer is the U.S. Bankruptcy Administrator for the Middle District of North Carolina in Greensboro, which is a role within the federal judiciary that seeks to enhance the integrity and efficiency of the bankruptcy system.

    Prior to this, JP was an attorney in private practice focusing almost exclusively on bankruptcy law and insolvency matters. The bulk of his practice consisted of business bankruptcy matters and serving as a chapter 7 trustee and subchapter V trustee.

    JP previously served as a law clerk to the Honorable William L. Stocks and Thomas W. Waldrep, Jr., in the U.S. Bankruptcy Court for the Middle District of North Carolina.

    JP earned his J.D., magna cum laude, from Indiana University – Bloomington.

  • John A. "Sean" Doyle

    John A. "Sean" Doyle is General Counsel & Corporate Secretary at has MCNC in Raleigh. MCNC is a technology nonprofit providing broadband and cybersecurity to North Carolina's schools, government and other community anchor institutions.

    President of BarCARES, Sean taught psychology at NC State for close to a decade, works with recovering addicts, army drill sergeants, Buddhist monks, lawyers, law firms and other groups on matters of meaning and resilience. He has also written widely on wellbeing topics in Psychology Today and other mediums and is the author of Mud and Dreams: Essays on falling more deeply in love with life.

    Sean studied philosophy at Rutgers, earning his J.D. from Loyola University-New Orleans, and his Masters of Applied Positive Psychology from the University of Pennsylvania.

    For more, please visit www.JohnSeanDoyle.com.

  • Ashley A. Edwards

    Ashley A. Edwards is a partner with Parker Poe Adams & Bernstein LLP in Charlotte. She serves as the practice leader for Parker Poe's Financial Restructuring & Insolvency Group. She has successfully represented creditors in all aspects of commercial debt collection and loss mitigation, including loan restructuring, bankruptcy, litigation, and post-judgment execution. Her clients include Fortune 500 companies, national, regional, and community banks, nontraditional lenders, finance companies, lessors, and manufacturers.

    Ashley is admitted to practice before all U.S. Bankruptcy and District Courts in North Carolina and Georgia as well as the U.S. Court of Appeals for the Fourth Circuit.

    Ashley also advises and represents clients from various industries in the purchase and sale of assets under Section 363 of the Bankruptcy Code, Chapter 11 plan confirmation, and the assumption and rejection of contracts. In particular, she has extensive experience defending national companies against preference and fraudulent transfer actions in a wide variety of jurisdictions. She is board certified in business bankruptcy by the American Board of Certification (ABC).

    Prior to joining Parker Poe, Ashley clerked for the Honorable J. Craig Whitley of the United States Bankruptcy Court, Western District of North Carolina.

    Ashley was named as one of the 40 Under 40 Business Leaders in 2022 by the Charlotte Business Journal. Additionally, she is a member of Parker Poe's Pro Bono Committee and averages more than 80 hours of pro bono service each year. She focuses her pro bono work with North Carolina's Guardian ad Litem program, through which she represents abused and neglected children. For this work, she was recognized by the North Carolina Pro Bono Honor Society in 2019, 2020, and 2022.

    Ashley earned her B.A., cum laude, in Economics and Spanishg from Wake Forest University and her J.D. from Emory University.

    Click here for more information about Ashley.

  • Ryan Griffith

    Ryan Griffith is Senior Vice President, Cryptocurrency Investigations, Compliance and Privacy within AlixPartners' Digital Assets Practice in Bel Air, MD. He was previously at Chainalysis where he was the Team Lead for a cryptocurrency investigations team embedded within IRS Criminal Investigations, leading the team's efforts to combat cryptocurrency enabled cybercrime.

    Ryan has almost 20 years of financial crimes investigations experience in cryptocurrency related investigations as well as anti-money laundering and counter terror financing investigations across six large multi-national financial institutions and crypto tech start-ups.

    Ryan is a Certified Anti-Money Laundering Specialist by ACAMS, a Certified Cryptocurrency Investigation Specialist by Chainalysis and a Certified Ethereum Investigations Specialist by Chainalysis.

    Ryan earned his B.A. in Liberal Studies, with a Concentration in Criminal Justice, from Neumann University, M.S. in Law Enforcement Intelligence and Analysis from Michigan State University and his M.S. in Accounting from Neumann University.

    Click here for more information about Ryan.

  • Jason L. Hendren

    Jason L. Hendren is a partner at Hendren Redwine & Malone PLLC in Raleigh. He focuses his practice on Chapter 11 and Chapter 7 bankruptcy cases. He specializes in solving complex business problems including financial workouts, business reorganizations and commercial disputes.

    Jason also serves as Unsecured Creditors Committee Counsel in Chapter 11 bankruptcies and as a state court Receiver. He also works with bankruptcy trustees to investigate cryptocurrency assets in bankruptcy cases.

    In addition to his bankruptcy practice, Jason regularly serves as a Certified Mediator in bankruptcy and other debtor/creditor cases. He is admitted to practice in the Eastern, Middle and Western Districts of North Carolina in the United States District Court and the United States Court of Appeals for the Fourth Circuit.

    In his early career, Jason served as a Research Assistant to North Carolina Supreme Court Justices Mark D. Martin and George L. Wainwright, Jr. prior to entering private practice.

    Jason is a Board Certified Specialist in Business Bankruptcy and was named a North Carolina "Rising Star" in the area of Bankruptcy & Creditor/Debtor Rights by the North Carolina Super Lawyers Magazine in 2010 and 2011. He has also been a North Carolina Super Lawyer consecutively since 2012. Additionally, he was recognized as a "Legal Elite" in Bankruptcy for 2010 and then from 2012 to 2018. He was also recognized by Best Lawyers in America in Bankruptcy and Creditor Debtor Rights in 2016 - 2023. Jason received a Ranking in Chambers USA in 2023.

    Jason is frequently selected to speak at bankruptcy related seminars including the Eastern Bankruptcy Institute, ABI's Southeast Bankruptcy Workshop, and the Annual Mid-South Commercial Law Institute. He is also the President of the Eastern Bankruptcy Institute.

    Jason earned his B.A., magna cum laude, from Lee University and his J.D., magna cum laude, from University of Tennessee School of Law.

    Click here for more information about Jason.

  • Jenny P. Holman

    Jenny P. Holman was appointed as the Standing Chapter 13 Trustee for Western District of North Carolina, Charlotte Division in October 2021.

    Jenny is a North Carolina Board Certified Specialist in Consumer Bankruptcy Law and a member of the North and South Carolina Bars.

    Prior to her trusteeship, Jenny served as the staff attorney for her predecessor for 11 years. In addition, to her experience with the trusteeship, she also has represented both debtors and creditors in bankruptcy proceedings. She previously practiced in the areas of family law and real estate.

    Jenny earned her J.D. from Wake Forest Law School.

  • Chief Judge Lena M. James

    Chief Judge Lena M. James is a federal bankruptcy judge for the U.S. Bankruptcy Court for the Middle District of NC in Winston-Salem. She was appointed in 2013.

    Prior to her appointment, Judge James worked as an attorney at Burns Price & Arneke where she represented debtors, trustees and creditors in bankruptcy proceedings and later at Womble Carlyle, Sandridge & Rice. She also served as the career law clerk for the Honorable Catharine R. Aron.

    Chief Judge James earned her B.A. in English Literature from Swarthmore College and her J.D., with honors, from the University of North Carolina School of Law at Chapel Hill.

  • Judge Benjamin A. Kahn

    Judge Benjamin A. Kahn was sworn in to the Middle District of NC at the U.S. Bankruptcy Court in Greensboro on February 3, 2014.

    Judge Kahn was recognized as among the Top 10 North Carolina Super Lawyers across all practice areas for the two years immediately preceding his appointment to the bench. Also, immediately prior to his appointment, he was elected to the Legal Elite Hall of Fame by Business North Carolina Magazine in 2014 as a result of being the category winner in North Carolina for Bankruptcy.

    Judge Kahn is certified as a specialist in business and consumer bankruptcy law by the North Carolina State Bar Board of Legal Specialization, and by the American Board of Certification, for which he served as a member of the Board of Directors until his appointment to the bench. He is a Conferee of the National Bankruptcy Conference.

    Judge Kahn earned his B.A. in Political Science and History from the University of North Carolina at Chapel Hill and his J.D., with honors, from the University of North Carolina at Chapel Hill School of Law.

  • J. Rich Leonard

    J. Rich Leonard is Dean of the Norman Adrian Wiggins School of Law at Campbell University in Raleigh. He has initiated myriad beneficial and impactful programs over the past eight years. The law school has increased its already generous scholarship program, performed a top-to-bottom review of its curriculum, identified nine specific practice areas, partnered with leading local law firms to sponsor competitive advocacy student teams, and expanded its clinical programs to six, including the recently established Shipman and Wright Sports Law Clinic, and started the Campbell Law Innovation Institute.

    Under Rich's direction, Campbell Law added its unique FLEX JD program, the Connections mentorship program, and a Certificate in Patent Law as well as a number of dual degrees and 3+3 programs with area colleges and universities.

    Internationally, Rich has partnered with the University of Nottingham to offer LL.M. degrees to not only current law students but practicing judges and attorneys in North Carolina; the University of Reading to offer two advanced international certificates; and the University of Cape Coast School of Law to offer a summer study abroad program in sub-Saharan Africa.

    Rich is a former United States Bankruptcy Judge for the Eastern District of North Carolina. His work on the bench and at Campbell Law was publicly recognized when North Carolina Lawyers Weekly named him the 2014 Lawyer of the Year. Most recently he was recognized among the top CEOs by the Triangle Business Journal in 2021 and he was named Bankruptcy Law Lawyer of the Year by Global 100 magazine. He also received the 2018 McKnight Renaissance Lawyer Award from the North Carolina Bar Association and the same year, he was elected to serve as chair-elect of the University of North Carolina at Chapel Hill’s General Alumni Association. He then served as chair from May 2019 to May 2020.

    Rich has served as a U.S. Bankruptcy Judge for the Eastern District of North Carolina since 1992 acting as Chief Judge from 1999 through 2006. He served as a U.S. Magistrate Judge from 1981-92 and as Clerk of Court of the U.S. District Court for the Eastern District of North Carolina from 1979-92. For more than two decades, he also acted as a consultant to the U.S. Department of State, working with judiciaries in many developing countries, primarily in sub-Saharan Africa.

    Rich's professional appointments include the Board of Governors for the National Conference of Bankruptcy Judges (2008-11); the Judicial Conference Committee on Court Administration and Case Management (1996-2002); the Judicial Council of the Fourth Circuit (2002-04); and Fellow at the American College of Bankruptcy (2005–present); as well as leadership roles with the Wake County Bar Association and North Carolina Bar Association, among others. His judicial work and expertise have earned him both state and national recognition.

    Rich earned his undergraduate degree from the University of North Carolina at Chapel Hill, where he was a Morehead Scholar, and also earned a master's in education. He earned his J.D. from Yale Law School.

    Click here for more information about Rich.

  • Lance P. Martin

    Lance P. Martin is an attorney with Ward and Smith PA in Asheville. He represents creditors in bankruptcy, collections, foreclosures, Uniform Commercial Code security agreement enforcement, and structured liquidations and workouts. He also represents clients in drafting and negotiating a wide variety of contracts, loans, and workout agreements.

    Lance is certified by the American Board of Certification and the North Carolina State Bar as a Board Certified Specialist in Business Bankruptcy Law. He litigates at all levels of state and federal court, with an emphasis on commercial and corporate fraud, fraudulent transfers, unfair and deceptive trade practices, floor-plan financing, lender liability, factoring, and lease arrangements. He also serves as a Chapter 11 Subchapter V Trustee for the United States Bankruptcy Court for the Western District of North Carolina.

    Lance earned his B.S., summa cum laude, in History and Political Science from Spring Hill College and his J.D., magna cum laude, from Tulane University Law School.

    Click here for more information about Lance

  • Michael L. Martinez

    Michael L. Martinez is a parter at Grier Wright Martinez PA in Charlotte. He commonly represents federal equity receivers, state court receivers, debtors-in-possession, chapter 11 trustees, and chapter 7 trustees, in addition to serving on the subchapter V trustee pool in Charlotte.

    Michael is a Board-Certified Specialist in Business Bankruptcy Law by the North Carolina State Bar. He was selected to the American Bankruptcy Institute's 40 Under 40 Class of 2020 and has been recognized in Bankruptcy Law by North Carolina Super Lawyers since 2018 and by Business North Carolina's Legal Elite since 2021. He received the 2013 Legal Services of Southern Piedmont Outstanding Pro Bono Service Award and the 2018 Outstanding Achievement in Pro Bono Award from the NCBA Bankruptcy Section.

    Michael earned his B.A., cum laude, in Political Science and English, with a Concentration in Film and Media Studies, from the University of Florida and his J.D. from the University of North Carolina at Chapel Hill School of Law.

    Click here for more information about Michael.

  • Robert A. "Rob" Mays

    Robert A. "Rob" Mays is an attorney with Mays Johnson Law Firm in Asheville. He concentrates his practice on contested bankruptcy matters, commercial collections, high-value judgment enforcement, and fraud recovery. He serves on the panels of Chapter 7 and Subchapter V bankruptcy trustees for the Western District of North Carolina, and represents other bankruptcy trustees, creditors, landlords, and other interested parties in bankruptcy matters.

    Before founding the predecessor to Mays Johnson Law Firm, Rob was a shareholder at the largest law firm headquartered in Asheville. Prior to that, he practiced for five years in the Washington, D.C. office of an international law firm. He started his career as a law clerk for the Honorable Gerald B. Tjoflat, U.S. Court of Appeals for the Eleventh Circuit.

    Rob serves on the Bankruptcy Council of the North Carolina Bar Association. He is a member of the National Association of Bankruptcy Trustees and the North Carolina Creditors Bar Association. He has in multiple years been named to Business North Carolina's "Legal Elite" for bankruptcy and named a "Super Lawyer" for creditor-debtor rights.

    Rob earned his B.A. in Politics from Hendrix College, M.A. in Public Policy from Duke University and his J.D., with honors, from Duke University School of Law.

    Click here for more information about Rob.

  • Judge Pamela W. McAfee

    Judge Pamela W. McAfee is a U.S. Bankruptcy Judge for the Eastern District of North Carolina in Raleigh. She was appointed on January 7, 2022.

    Prior to taking the bench, Judge McAfee was a creditors' rights attorney, commercial litigator, and mediator for 13 (nonconsecutive) years and served as a law clerk or career law clerk for four bankruptcy judges over 14 (nonconsecutive) years. She is an adjunct professor of bankruptcy law at the Campbell University School of Law and coached the Duberstein Bankruptcy Moot Court Competition teams from 2018-2021 and ABA National Appellate Advocacy Competition teams from 2014-2017.

    Judge McAfee has served on the Local Rules Committee for the United States Bankruptcy Court for the Eastern District of North Carolina and on the Local Civil Rules Subcommittee for the United States District Court for the Eastern District of North Carolina, and is active in the North Carolina Bar Association, having served on the councils of both the Bankruptcy Section and the Dispute Resolution Section. In 2016, she was recognized by the North Carolina Bar Association with the Citizen Lawyer Award for her work with HopeLine, a suicide prevention hotline, and for her mentoring activities with law students and young lawyers.

    Judge McAfee graduated from the University of Pennsylvania and, with honors, from the University of North Carolina School of Law.

  • Rebecca F. Redwine

    Rebecca F. Redwine is a partner at Hendren Redwine & Malone PLLC in Raleigh. She focuses her practice on Chapter 11 and Chapter 7 bankruptcies for both businesses and individuals. Additionally, she counsels clients experiencing insolvency, and assists them in workouts and settlements with various lenders. She is a board certified business bankruptcy specialist and a North Carolina certified Superior Court mediator.

    Rebecca has also served as Unsecured Creditors Committee Counsel in Chapter 11 bankruptcies in North Carolina, as well as the role of an Examiner in Chapter 11s and as a state court receiver. She is admitted to practice in the Eastern, Middle and Western Districts of North Carolina in the United States District Court and the United States Court of Appeals for the Fourth Circuit.

    Rebecca was appointed to the Local Rules Committee for the United States Bankruptcy Court for the Eastern District of North Carolina in 2018 and as Chair of the Bankruptcy Law Specialty Committee for the North Carolina State Bar Board of Legal Specialization in 2023. She holds various leadership roles with the American Bankruptcy Institute (ABI), the International Women's Insolvency and Restructuring Confederation (IWIRC), the American Board of Certification and the North Carolina Bar Association. She is a frequent presenter at bankruptcy conferences and is a guest lecturer in bankruptcy classes at the University of North Carolina School of Law and Campbell University School of Law.

    In October 2018, Rebecca was named as a 2018 "40 Under 40" honoree by the American Bankruptcy Institute, which received and considered more than 300 nominations nationwide.

    Rebecca earned her B.A., summa cum laude, in English from North Carolina State University and her J.D., with honors at the University of North Carolina School of Law.

    Click here for more information on Rebecca.

  • William J. "Bill" Rochelle III

    William J. "Bill" Rochelle III is Editor-at-Large with the American Bankruptcy Institute in Santa Fe, NM. He writes every day on developments in consumer and reorganization law. In addition to writing, he travels the country for ABI, speaking to bar groups and professional organizations on hot topics in the turnaround community and trends in consumer bankruptcies.

    For the prior nine years, Bill was the bankruptcy columnist for Bloomberg News.

    Before turning to journalism, Bill practiced bankruptcy law for 35 years, including 17 years as a partner in the New York office of Fulbright & Jaworski LLP.

    Bill earned his A.B. from Columbia College and his J.D. from Columbia University School of Law, where he received Harlan Fiske Stone Scholar awards from the law school.

  • Kimberly A. "Kim" Sheek

    Kimberly A. "Kim" Sheek is founder of the Law Office of Kimberly A. Sheek in Charlotte. Her principal area of practice is bankruptcy law.

    After graduating from law school, Kim worked at a law firm in Charlotte representing mortgage servicers in consumer and business bankruptcy cases. She also represented mortgage servicers in bankruptcy litigation cases. In 2015, she switched sides and opened her solo practice representing consumer and business debtors.

    Kim earned bachelor's degree in Business Administration and Management from Oklahoma City University and her J.D., magna cum laude, from Oklahoma City University School of Law.

    Click here for more information about Kim.

  • Brad Stulberg

    Brad Stulberg is Author, Coach, and Co-Founder at The Growth Equation in Asheville. He researches, writes, and coaches on health, well-being, and sustainable excellence. His work explores principles of mental health and mastery that transcend capabilities and domains. He is particularly interested in the philosophical and psychological foundations of excellence, and the habits and practices necessary to attain it. He's learned that whether someone is trying to qualify for the Olympics, start a company, craft a creative masterpiece, break ground in mathematical theory, or raise a family, many of the practices underlying fulfillment, sustainable success, and well-being are the same, supported by scientific evidence, and available to everyone.

    Brad is the author of the books Master of Change and The Practice of Groundedness and coauthor of the books Peak Performance and The Passion Paradox. These books explore the art, science, and practice of motivation, values-driven excellence, and maximizing one's potential—all the while realizing a more fulfilling and sustainable kind of success.

    Brad writes about these concepts on The Growth Equation, his popular blog and multimedia platform. He regular contributes at The New York Times, and his work has also been featured in The Wall Street Journal and The Washington Post, among other publications. He's also a contributing editor to Outside Magazine.

    Brad earned his associate's degree, in Organizational Behavior Studies, and M.P.H from the University of Michigan.

    Click here for more information about Brad.

  • Judge David M. Warren

    Judge David M. Warren was appointed as United States Bankruptcy Judge for the Eastern District of North Carolina in Raleigh on October 4, 2013 and took the oath of office on February 7, 2014. His chambers are in the Century Station Courthouse and Post Office in Raleigh.

    Judge Warren also serves as an adjunct professor at the Norman A. Wiggins School of Law at Campbell University and as a guest lecturer at the Wake Forest University School of Law. He is a certified specialist in business and consumer bankruptcy law by the North Carolina State Bar Board of Legal Specialization and the American Board of Certification. He is a member of the National Conference of Bankruptcy Judges and the American Bankruptcy Institute.

    Judge Warren earned his B.A., cum laude, from Wake Forest University and his J.D. from the Wake Forest University School of Law.

    Click here for more information about Judge Warren.

  • Matthew P. "Matt" Weiner

    Matthew P. "Matt" Weiner is a partner at Poyner Spruill LLP in Raleigh. He focuses his practice on representing national and regional lenders in bankruptcies, loan workouts, and related litigation matters. His practice includes commercial foreclosures, receiverships, and all aspects of debt collection. He also has significant experience in defending preference and fraudulent transfer actions, as well as lender liability claims.

    Matt regularly represents farm credit banks and agricultural credit associations regarding creditors' rights matters and FCA regulatory issues.

    Matt earned his B.A. in Economics and Political Science and the University of North Carolina at Chapel Hill and his J.D., with honors, from the University of North Carolina School of Law.

    Click here for more information about Matt.

  • Judge J. Craig Whitley

    Judge J. Craig Whitley is a judge for the United States bankruptcy court, Western District of North Carolina, in Charlotte, appointed in 1994.

    Prior to his appointment, Judge Whitley practiced almost exclusively in the bankruptcy area representing debtors, creditors and trustees. He also served as a chapter 7 trustee in the Western District of North Carolina.

    Judge Whitley earned his B.A. at Davidson College and his J.D. from Wake Forest University.

Gold Sponsors

Silver Sponsors

Bronze Sponsors

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 live webcast program code 275LWC.


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.

December 9, 2023
Sat 8:25 AM EST

Duration 6H 0M

This live web event has ended.

For Technical Support
(888) 705-6002
+1 (858) 201-4136*
*for callers residing outside of the United States