Bankruptcy Creditors Rights

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					Bankruptcy, Insolvency & Creditors’ Rights Section



Leonard G. Leverson, Chair            February 9, 2006
Kravit, Hovel, Krawczyk & Leverson
S.C.
                                                         IMPORTANT ANNOUNCEMENT
Paul G. Swanson, Vice Chair
Steinhilber, Swanson, Mares, Marone
& McDermott
                                              The Bankruptcy, Insolvency, and Creditors’ Rights Section of the
Patrick B. Howell,
Secretary/Treasurer                   State Bar of Wisconsin invites you to attend an educational/social retreat to
Whyte HirS.C.hboeck Dudek S.C.        confront issues facing practitioners in light of the Bankruptcy Abuse
Christine Wolk, Immediate Past        Prevention and Consumer Protection Act of 2005 at the American Club
Chair                                 in Kohler, Wisconsin the afternoon and evening of Thursday, March 23,
Law Office of Christine Wolk
                                      2006, and the morning of Friday, March 24, 2006. The agenda is enclosed,
Ralph C. Anzivino                     but in summary, the retreat will deal with practical issues relating to the
Marquette University Law S.C.hool
                                      new law. Participants will engage in “workshop” type breakout sessions
F. Mark Bromley                       with facilitators drawn from across the Bar. Bankruptcy judges, the United
Mark Bromley Attorney at Law
                                      States Trustee, Chapter 7 and 13 trustees, and experienced practitioners will
Andrew N. Herbach                     discuss topics ranging from the means test to ethical dilemmas confronting
Howard, Solochek & Weber S.C.
                                      practitioners under the new law.
Peter F. Herrell
Wiley, Colbert, Norseng, Cray,
Herrell & Flory S.C.                          The event is not all work, as the Section has arranged the retreat to
                                      be held at the American Club in Kohler, one of the premier meeting
J. David Krekeler
Krekeler Strother S.C.                destinations in the Midwest. The American Club is a national historic
                                      landmark and the Midwest’s only Triple AAA, Five Diamond resort hotel
Bruce A. Lanser
Lanser Law Office                     complete with a spa and outstanding meeting space and service. Spouses
                                      and significant others are encouraged to attend. Activities and amenities
Douglas F. Mann
Douglas F Mann Law Office             abound in the area.
Timothy F. Nixon
Godfrey & Kahn S.C.                           Social events have been scheduled for Thursday night, March 23,
                                      2006, including a cocktail party, a dinner at the American Club for all
Claire Ann Resop
Brennan, Steil & Basting S.C.         participants and their spouses or significant others, and dancing to the music
                                      of Wisconsin’s premier blues band, Madison’s Cash Box Kings. The
                                      award-winning staff of the American Club will create a fabulous culinary
                                      creation for our pleasure.

                                             In addition to our local judges, trustees, and luminaries, we have
                                      arranged for nationally known speakers, Samuel K. Crocker (part of the
                                      “Nashville mafia”) and the Honorable Barry S. Schermer, a United States
                                      Bankruptcy Judge for the Eastern District of Missouri, to join Judge Kelley
                                      and Judge Pepper in discussing recent cases that have arisen under the
                                      BAPCPA. This will be a lively panel discussion among these nationally
                                      noted speakers.
       Seven hours of continuing legal education credit, including one hour of ethics credit, will be
applied for.

       Reserve your room now. A block of rooms has been set aside at $129.00 per night, a rate that is
almost too good to be true for the American Club. Rooms at that rate are limited, so call immediately to
reserve your spot. The cost of the retreat, including cocktails and dinner, is $259.00 for participants and
$68.00 for the dinner/dance only for guests of attendees.

       Registration, together with your choice of entrees, should be made by mailing your check to the
State Bar of Wisconsin, ATTN: Salud Garcia, P.O. Box 7158, Madison, Wisconsin 53707-7158.

       Hotel reservations should be made directly with the American Club in Kohler at 800-344-2838.
When calling the reservation department, please indicate that you are part of a group block under the
name of the State Bar of Wisconsin - Bankruptcy Section. After the block is sold out, rates may
increase, so make your reservations now!
     AGENDA - BANKRUPTCY SECTION BAPCPA EDUCATIONAL/SOCIAL RETREAT


                          The American Club - Kohler, Wisconsin

                   Thursday, March 23, 2006 and Friday, March 24, 2006


                                 THURSDAY, MARCH 23, 2006

11:30 a.m. - 12:50 p.m.      Bankruptcy Section Board Meeting

1:00 p.m. - 2:00 p.m.              Perspectives on the Bankruptcy Abuse Prevention and
                             Consumer Protection Act of 2006 - A View from the Judiciary, the
                             United States Trustee, Standing and Panel Trustees, Secured Creditors
                             Counsel and Debtor’s Counsel

                             The Honorable James E. Shapiro, United States Bankruptcy Judge for the
                             Eastern District of Wisconsin

                             Thomas J. King, Standing Chapter 13 Trustee

                             David W. Asbach, Assistant United States Trustee, Eastern District of
                             Wisconsin

                             Virginia George, Ch. 7 Panel Trustee, Eastern District of Wisconsin

                             J. David Krekeler - Krekeler & Strauther, Madison, WI

                             Arthur M. Moglowsky - Bass & Moglowsky, S.C., Milwaukee, WI

2:00 p.m. - 3:00 p.m.               Breakout session - Chapter 7 Issues - Part I - Practical Issues From
                             the Front Line

                                 Initial client contact/intake
                                 Initial client meeting
                                 Timeline/road map to Chapter 7; consumer vs. nonconsumer debt;
                                  assisted persons; fee agreements/attorneys’ fees
                                 Disclosures
                                 Due diligence/asset valuation/debt categorization
                                 Credit counseling/debtor education
                                 Software - filing programs
                                 Credit reports/internet resources
                                 Local rules


3:00 p.m. to 3:15 p.m. Coffee Break
3:15 p.m. to 4:45 p.m. Breakout session - Chapter 7 Issues - Part II

                                  Means testing/IRS collection standards
                                  Deviation from collection standards
                                  Household size definition/determination
                                  Documentation/tax returns/proof of income
                                  Health expenses documentation
                                  Secured debt payments
                                  Priority debt payments/Domestic Support Orders
                                  Automatic stay issues/Chapter 7
                                  Other deductions
                                  Permissible planning for means testing


                             NOTE ON “WORKSHOP” FORMAT

         The workshop breakout groups are planned for approximately 40 people led by at least four
facilitators who will, together with the participants, work through the issues in order to arrive at the “best
practice” under the new law. It is the intent of this format to work through the issues relating to BAPCPA
together. Written materials will be provided which will be of a practical nature and generally consist of
forms and other materials used by the facilitators in their practices. The facilitators who have agreed to
participate are as follows:

      Brenda Zeddun - Law Advisors, S.C., Madison, Wisconsin
      Bruce A. Lanser - Lanser Law Office, Milwaukee, Wisconsin
      Christine Wolk - Law Offices of Christine Wolk, Oshkosh, Wisconsin
      Claire Ann Resop - Brennan Steil and Basting, S.C., Madison, Wisconsin
      J. David Krekeler - Krekeler Strother, Madison, Wisconsin
      James M. Miller - Miller & Miller, Milwaukee, Wisconsin
      James W. McNeiley, Jr. - Bosshard Parke, Ltd., LaCrosse, Wisconsin
      John A. Foscato - Law Offices of John A. Foscato, S.C., Green Bay, Wisconsin
      F. Mark Bromley - Whitewater, Wisconsin
      Paul G. Swanson - Steinhilber, Swanson, Mares, Marone & McDermott, Oshkosh, WI
      Richard A. Check - Bankruptcy Law Offices of Richard A. Check, SC, Milwaukee, WI
      Sandra Baner - Baner & Associates, Janesville, Wisconsin
      Thomas J. King, Chapter 13 Standing Trustee - Oshkosh, Wisconsin
      Mary B. Grossman, Chapter 13 Standing Trustee - Milwaukee, Wisconsin


5:30 p.m. to 7:00 p.m. Cocktails

7:00 p.m. to 11:00 p.m.        Dinner and dancing to the music of the Cash Box Kings
                                    FRIDAY, MARCH 24, 2006


8:30 a.m. to 9:45 a.m. News from the Battlefield: Case Law Update
                             Moderator: Samuel K. Crocker, Vice President of the National Association
                             of Bankruptcy Trustees, Nashville, TN

                            Panelists:

                            The Honorable Barry S. Schermer, United States Bankruptcy Judge,
                            Eastern District of Missouri

                            The Honorable Susan V. Kelley, United States Bankruptcy Judge,
                            Eastern District of Wisconsin

                            The Honorable Pamela J. Pepper, United States Bankruptcy Judge,
                            Eastern District of Wisconsin


                            This case law update will focus on cases under BAPCPA. Mr. Crocker and
                            Judge Schermer are nationally recognized for their bankruptcy case law
                            updates.

9:45 a.m. to 10:00 a.m.     Break

10:00 a.m. to 11:15 a.m.    Breakout session - Chapter 13 issues

                               What has not changed in Chapter 13?
                               Choice between Chapter 7/Chapter 13 - strategies
                               Plan length
                               Adequate protection in Chapter 13
                               Means testing applicability/conversion
                               What’s left of cram down?
                               Domestic Support Obligations
                               Attorneys fees payment
                               Good faith/Section 707(b)
                               Is there anything left of the super discharge?
                               Tax claims/nondischargeable debts/plan treatment
                               Model Chapter 13 plan
                               Automatic stay issues in Chapter 13

11:15 a.m. to 12:05 p.m.    Ethical Considerations / The Impact of BAPCPA on the Practice of
                            Bankruptcy Lawyers

                               Permissible / Nonpermissible advice to clients under BAPCPA /
                                Supreme Court Rules Conflict

                                    Claire Ann Resop, Brennan Steil & Basting, S.C., Madison,
                                    Wisconsin
                                    Brittany S. Ogden, Murphy & Desmond, S.C., Madison, Wisconsin
 BANKRUPTCY SECTION BAPCPA EDUCATIONAL/SOCIAL RETREAT REGISTRATION

Date and Time:          Thursday, March 23, 2006: 1:00 p.m. – 11:00 p.m.
                        Friday, March 24, 2006: 8:30 a.m. – 12:05 p.m.

Place:                  The American Club, Kohler, Wisconsin
Hotel:                  Hotel reservations should be made directly with the American Club
                        in Kohler at 800-344-2838 Reserve promptly to be assured of the most favorable rate.
Cost:                   $259 tuition includes dinner for members; spouse dinner is additional $68. Tuition does
                        not include the cost of lodging.
Reservations:    Advance registration by mail is necessary. Please complete and return the form below
                 with your payment. No reservations for the retreat will be taken after March 15, 2006,
                 and we cannot assure late registrants of room availability at the American Club.
================================================================================
 Yes, I will attend.
 Yes, my spouse/significant other will attend.
   (Please Print)
   Name(s) _______________________________________________________________________________
                           First              Middle                 Last
   Bar Number ____________________________________________________________________________

   Address ________________________________________________________________________________

   City/State/Zip ___________________________________________________________________________

 Entree choices (if more than one person attending, please indicated number of each entrée selected):
   ____ Roast pheasant breast stuffed with foie gras and cranberries, parsnip and potato puree, braised spring
        onions, haricots verts, truffle Madeira jus.
   ____ Pan roasted tenderloin, truffled potatoes, asparagus, morel cognac cream.
   ____ Pan seared sea bass, English pea risotto, braised fennel, carrot nage.

         Note: All selections include a salad of baby lettuces and Grand Marnier cheesecake with berry
         compote.

 Payment:
    Check Enclosed (Payable to State Bar of Wisconsin)
    VISA        MasterCard       Exp. Date ____________________________________________________
   Card No. _______________________________________________________________________________
   Signature ______________________________________________________________________________

 To Register:
   Registration, including your choice of entrée(s), should be made by mailing this form, and if payment is by
   check, your check to:
                  State Bar of Wisconsin
                  ATTN: Salud Garcia
                  P.O. Box 7158
                  Madison, Wisconsin 53707-7158

				
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