UTC LE T H E U N I V E R S I T Y O F T E X A S S C H O O L O F L AW
Earn up to 12.75 Hours of Credit Including 2.75 Hours of Ethics Credit
June 22-23, 2006
Moody Gardens Hotel
G a l v e s t o n , Te x a s
One of our Hawaiian Shirt Conferences—both informal and informative
Reserve early; rooms sell out quickly!
2 Nd ANNUAl CONSUMER BANKRUP TCY PRACTICE
J u n e 2 2 - 2 3 , 2 0 0 6 • M o o d y G a r d e n s H o t e l • G a l v e s t o n , Te x a s
E a r n u p t o 1 2 . 7 5 H o u r s o f C re d i t I n c l u d i n g 2 . 7 5 H o u r s o f E t h i c s C re d i t
THURSDAY MORNING—JUNE 22, 2006 12:15 p.m. Lunch on Your Own 4:30 p.m. .50 hr
Presiding Officer: Hon. Marvin Isgur, Houston New Exceptions to § 362
There are a number of new exceptions from the § 362
8:00 a.m. Registration Opens stay. A review of the statutory changes and how they
Presiding Officer: Hon. John C. Akard, Lubbock
affect practice under BAPCPA. Mr. Turner will provide
Includes continental breakfast.
a detailed review of cases decided under BAPCPA
1:15 p.m. .50 hr applying the new § 362 exceptions.
8:15 a.m. Welcoming Remarks
Nuts and Bolts on What to Do When a Steve Turner, Austin
8:30 a.m. .75 hr including .25 hr ethics New Client Walks In—Beginning a New
Consumer Bankruptcy Case 5:00 p.m. .50 hr
Consumer Bankruptcy Case Law Update
A review of the major national and Fifth Circuit cases It’s a new world. This session will provide a nuts and Technology
issued in the last year, along with highlights of all sig- bolts description of how to prepare a new client to Technology in the office; technology in the courtroom.
nificant cases issued by bankruptcy courts, including file a consumer bankruptcy case. The session will
John J. Durkay, Beaumont
significant Texas decisions. deal with a range of issues—from credit counseling,
Dawn A. Guilliams, Houston
to means testing, to plan confirmation—that must be
Steven R. Jakubowski, Chicago, IL
explained to every new client.
5:30 p.m. Adjourn
9:15 a.m. .75 hr Sam C. Gregory, Lubbock
5th Circuit’s View of the Bankruptcy Abuse FRIDAY MORNING—JUNE 23, 2006
1:45 p.m. 1.00 hr
Prevention and Consumer Protection Act
Presiding Officer: Hon. Marvin Isgur, Houston
(BAPCPA) and General Bankruptcy Issues Disposable Income, the Means Test, and
Judge Jones is the Chief Judge of the Fifth Circuit Court Chapter 13 Plan Payments
8:30 a.m. 1.00 hr including .25 hr ethics
of Appeals. She brings a unique perspective to any anal- How do you calculate disposable income? How is dis-
ysis of BAPCPA. Judge Jones’ and other commissioners’ posable income used under BAPCPA? How do CMI Breakfast Breakout Sessions With the
dissents from the National Bankruptcy Review Commis- and allowed expenses relate to Schedules I and J? Judiciary: New Local Bankruptcy Rules
sion’s report supported efforts to reform bankruptcy that How does official form B22 relate to the Chapter 7
What’s right and what’s wrong with our new local proce-
were included in the BAPCPA. Judge Jones is expected Means Test and the calculation of Chapter 13 plan
dures, and how to adapt to the new world. Rules for each
to provide an overview of the Fifth Circuit and insight payments?
district will be covered in separate breakout sessions.
with respect to direct appeals under BAPCPA. She has
Norma Hammes, San Jose, CA
agreed to respond to questions following her talk. Northern District: Hon. H. DeWayne “Cooter”
Hon. Edith H. Jones, Houston 2:45 p.m. Break
Eastern District: Hon. Bill G. Parker, Tyler
10:00 a.m. Break Southern District: Hon. Marvin Isgur, Houston
3:00 p.m. .75 hr
Western District: Hon. Leif M. Clark,
10:15 a.m. 1.00 hr San Antonio
What Every Bankruptcy Practitioner Needs
Homestead Exemptions and Home Equity Loans to Know About Consumer Protection Laws
9:30 a.m. Break
This session opens with a presentation on the applica- This session guides bankruptcy practitioners in spot-
tion of new bankruptcy rules to the homestead exemp- ting common consumer issues and possible remedies
tion, including recent judicial opinions. Judge Hale will under various consumer protection statutes, includ- 9:45 a.m. 1.00 hr
discuss his recent opinion in the area and opinions from ing the FDCPA, Texas usury laws, TILA, HOEPA, DTPA,
Cars—Let Them Eat Steel
other bankruptcy courts from around the country. The UCC, Magnuson-Moss Act, the federal Odometer
Some of the most important changes in BAPCPA con-
session concludes with a practitioner’s discussion on Act, the federal and state credit repair laws, and
cern the treatment of loans secured by automobiles.
effective strategies dealing with home equity loans. others. Specifically issues such as payday loans,
This session will explore recent case law developments
Hon. H. DeWayne “Cooter” Hale, Dallas title loans, predatory mortgage loans, unfair col-
concerning cars, and how the car industry is responding
Michael V. Baumer, Austin lection practices, spot deliveries, sales out of trust,
to the dramatic changes in the law.
Tonya M. Felix, Houston undisclosed wrecks, and odometer rollbacks will be
discussed. Lawrence J. Fallon, Roseville, MN
Chris Naylor, Houston
11:15 a.m. 1.00 hr Richard Tomlinson, Houston
Behrooz P. Vida, Bedford
How to Get Evidence In...Cheaply
How can a consumer practitioner get evidence admit- 3:45 p.m. .50 hr ethics 10:45 a.m. Break
ted without the huge expense of bringing in an expert
Barron v. Countryman: The Fifth Circuit’s
or other witnesses? This session opens with a presenta- 11:00 a.m. .50 hr
New Opinion on Consumer Bankruptcy
tion by Judge Leif M. Clark on techniques and strate-
gies for avoiding hearsay issues and getting evidence Fees Federal Tax Issues in Consumer Cases
in cheaply. The session follows with commentary and An academic analysis of the implications of Barron Chapter 7 and 13 consumer cases are often driven
discussion by practitioners and Judge Clark. v. Countryman interpretations. by federal income tax claims. This session will include
Hon. Leif M. Clark, San Antonio Hon. Letitia Z. Clark, Houston a case study to highlight practical tips on dealing
Diann M. Bartek, San Antonio with IRS.
Eduardo V. Rodriguez, Brownsville 4:15 p.m. Break John Akard, Jr., Houston
P h o n e : 5 1 2 - 4 7 5 - 6 7 0 0 F a x : 5 1 2 - 4 7 5 - 6 8 7 6 We b : w w w . u t c l e . o r g
11:30 a.m. .75 hr COMMENTS FROM LAST YEAR’S CONFERENCE
Mortgage Payments to Trustee Speakers were great, and topics were on the money. I particularly enjoyed
Benefits and detriments of paying ongoing mort- that the speakers and judges largely stayed to watch other speakers.
gages through the Chapter 13 trustee. If a court
mandates payments through the trustee, what are Moody Gardens Hotel was a great location—liked the informal
the appropriate exceptions? When should the trustee
atmosphere and helpful staff.
seek to require mortgages through the trustee?
Deborah B. Langehennig, Austin This was an excellent seminar with lots of practical tips and advice.
Robert B. Wilson, Lubbock
One of the best conferences I have attended.
12:15 p.m. Pick Up Box Lunch R E G I S T R A T I O N F O R C K 0 6
Included in conference registration fee.
Mail this registration form to:
The University of Texas School of Law, Attn. CK06
12:30 p.m. 1.00 hr ethics P.O. Box 7759, Austin, TX 78713-7759 or fax a copy to: (512) 475-6876
Ethical Implications Imposed by the New PLEASE PRINT CLEARLY
What are the ethical implications of the new law? Bar Card# State: N/A
Can you advise your client to file a repeat bankrupt-
Name [ Mr. / Ms. ]
cy case to “stay and delay” if there is not a reason-
able chance of success under § 362(c)? What are
the contours of completing the means test form?
Can you put in deductions so that no presumption Address
arises, and then check the appropriate box that
says that you have done so in disagreement with City State Zip
the form’s interpretation?
Nelson M. Jones III, Houston
Kenneth P. Thomas, Houston Email Address
Assistant’s Email (optional)
FRIDAY AFTERNOON Invoices, confirmations and receipts are emailed to these addresses.
Presiding Officer: Hon. John C. Akard,
REGISTRATION – Includes Course Binder and Friday Box Lunch Presentation
Early Registration Fee due by Wed., June 14, 2006 $475.00
1:45 p.m. .50 hr
Registration Fee after Wed., June 14, 2006 $525.00
U.S. Trustee Enforcement Issues
Law and order MTR (Means Testing Review), bankruptcy CONFERENCE PUBLICATIONS AND MEDIA
fraud, and abuse under sections 707(b)(3) and 727. Allow 2–4 weeks from conference date for delivery.
Albert Loftus, Dallas
Course Binder $200.00
2:15 p.m. .75 hr ethics Note: Conference registration includes Course Binder.
Some Do’s and Don’ts in the Practice of Audio CD Set $175.00
The panel will present vignettes demonstrating prac-
eBinder on CD (PDF format) $200.00/$50.00
($200 purchased alone, $50 with registration or purchase of Course Binder or Audio CD Set)
tice tips and highlighting ethical issues.
Moderator: Hon. Jeff Bohm, Houston
In-House CLE: Bring the conference in-house and learn at your convenience .
Debra Bradberry, Houston
Allow 2–4 weeks from conference date for delivery.
Maggie D. Conner, Houston
3:00 p.m. Adjourn In-House CLE for 2 includes Audio CD Set and 2 Course Binders $750.00
Add participants (includes Course Binder) for $200 each $
TOTAL ENCLOSED $
ABOUT THE EVENT METHOD OF PAYMENT
Consumer Bankruptcy Practice is part of
Check (make checks payable to: The University of Texas at Austin)
UT Law’s Hawaiian Shirt Series, both infor-
mal and informative—participants are all VISA or Mastercard (sorry, no AMEX or Discover)
invited to dress “beach casual.” Also, en-
joy the many attractions of Moody Gar- Card #
dens: the aquarium; the Discovery and
Rainforest pyramids, IMAX 3D theater, and
the newly expanded Palm Beach. Bring
shorts, a Hawaiian shirt, and the family! X
Authorized Signature Exp. Date (mm/yy)
C O N F E R E N C E FA C U L T Y
JOHN AKARD, JR. SAM C. GREGORY ALBERT LOFTUS
June 22-23, 2006 Attorney-CPA Attorney at Law Office of the US Trustee
CONFERENCE LOCATION Houston Lubbock Dallas
DIANN M. BARTEK DAWN A. GUILLIAMS CHRIS NAYLOR
Cox Smith Matthews Incorporated Williams, Birnberg & Andersen, L.L.P. Devlin, Naylor & Turbyfill, PLLC
San Antonio Houston Houston
MICHAEL V. BAUMER HON. H. DEWAYNE “COOTER” HALE HON. BILL G. PARKER
Law Office of Michael Baumer United States Bankruptcy Court United States Bankruptcy Court
Moody Gardens Hotel Austin Northern District of Texas Eastern District of Texas
Moody Gardens Hotel Dallas Tyler
HON. JEFF BOHM
Seven Hope Boulevard
United States Bankruptcy Court NORMA HAMMES EDUARDO V. RODRIGUEZ
Galveston, TX 77554 Southern District of Texas Gold and Hammes, Attorneys Law Office of Eduardo V. Rodriguez, P.C.
1-888-388-8484 Houston San Jose, CA Brownsville
SPECIAL RATE $160 HON. LEIF M. CLARK HON. MARVIN ISGUR KENNETH P. THOMAS
(subject to availability) United States Bankruptcy Court Bankruptcy Court for the Southern Houston
Western District of Texas District of Texas
good through May 31, 2006 RICHARD TOMLINSON
San Antonio Houston
Self-Parking: Complimentary Attorney at Law
Valet: $7 day, $10 overnght HON. LETITIA Z. CLARK STEVEN R. JAKUBOWSKI Houston
Bankruptcy Court for the Southern Robert F. Coleman & Associates
(subject to change) STEVE TURNER
Disctrict of Texas Chicago, IL
Rooms sell out quickly – please Houston McGinnis, Lochridge & Kilgore, L.L.P.
reserve early! HON. EDITH H. JONES Austin
JOHN J. DURKAY U.S. Court of Appeals for the 5th Circuit
••••••••••••••••••••••••••• Mehaffy Weber, P.C. Houston BEHROOZ P. VIDA
Beaumont Venable & Vida, L.L.P.
KEY DATES NELSON M. JONES III Bedford
LAWRENCE J. FALLON Nicholas & Jones
Registration & Cancellation Semperian/GMAC Houston ROBERT B. WILSON
Roseville, MN Chapter 13 Trustee
June 14, 2006–5 p.m. DEBORAH B. LANGEHENNIG Lubbock
last day for early registration TONYA M. FELIX Chapter 13 Trustee
add $50 for registrations Law Office of Alva Wesley-Thomas Austin
received after this time
June 16, 2006–5 p.m.
last day for full refund
June 19, 2006–5 p.m. HON. JOHN C. AKARD – CO-CHAIR ARTURO R. EURESTE CHRIS NAYLOR
Lubbock Houston Houston
last day for partial refunds
$50 processing fee applied
HON. MARVIN ISGUR – CO-CHAIR SAM C. GREGORY STEVE TURNER
Houston Lubbock Austin
June 22, 2006–8:30 a.m.
conference begins JOHN J. DURKAY HON. H. DEWAYNE “COOTER” HALE BEHROOZ P. VIDA
Beaumont Dallas Bedford
This course has been approved ABOU T THE COVER
M for Minimum Continuing Legal
C Education credit by the State Over 200 Online Courses from UT Law “Rocky Beach,” oil on canvas,
Bar of Texas Committee on MCLE is by Laurel Daniel. For more
L in the amount of 12.75 hours, of
which 2.75 credit hours will apply www.utcle.org information, contact the Davis
E to legal ethics/professional
r e sponsibility credit.
Gallery at 512-477-4929 or visit
2 Nd ANNUAl CONSUMER BANKRUP TCY PRACTICE U.S. Postage Paid
The University of
T he U niversiTy of T exas aT a UsTin June 22-23, 2006 • Moody Gardens Hotel • Galveston, Texas Texas
THE UNIVERSITY OF TEXAS SCHOOL OF LAW School of Law
P.O. Box 7759 • Austin, TX 78713-7759
This program is not printed or mailed at state expense.
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