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Live Event

Consumer and Business Bankruptcy Institute


CLE Hours: 7 including 7 General, 1 Ethics, 1 Professionalism, 2 Trial Practice

Categories:
Ethics |  Professionalism |  Trial Practice
Location:
State Bar of Georgia - Atlanta, Georgia

Dates
Schedule at a glance
Please Note: Programs with a ☾ insignia begin after 5pm or air on the weekend.


Description

 

  • Speakers, session times and credit hours are subject to change.
  • Ethics | Professionalism | Trial Practice

 

  • PRESIDING:
  • Leah Fiorenza McNeill, Program Chair; Partner, Alston & Bird, Atlanta, GA
  • Michon D. Walker, Program Chair; Attorney, Arthur L. Walker & Associates LLC, Sandersville, GA
  •  

    WEDNESDAY,
    DECEMBER 6, 2023


  • 6:00
  • RECEPTION AND DINNER
  • DOGWOOD ROOM (NORTH TOWER)
    OMNI ATLANTA HOTEL AT CENTENNIAL PARK
    190 MARIETTA STREET, ATLANTA, GA 30303

  • Thursday,
    December 7, 2023

  • THE STATE BAR OF GEORGIA CONFERENCE CENTER
    104 MARIETTA STREET NW
    ATLANTA, GA 30303

  • 7:45
  • In-person Registration and Breakfast

  • 8:20
  • INTRODUCTION
  • Julia D. Neighbors, ICLE Director, State Bar of Georgia, Atlanta, GA

  • 8:25
  • WELCOME AND PROGRAM OVERVIEW
  • Michon D. Walker, Attorney, Arthur L. Walker & Associates LLC, Sandersville, GA
  • Leah Fiorenza McNeill, Partner, Alston & Bird, Atlanta, GA

  • 8:30
  • PROFESSIONALISM FOR THE MODERN PRACTITIONER (Professionalism CLE Hour)
  • Leah Fiorenza McNeill
  • Michon D. Walker

  • BREAK OUT SESSIONS

  • 9:30
  • Consumer Breakout Session:
  • NAVIGATING THE DOJ’S NEW GUIDANCE REGARDING STUDENT LOAN BANKRUPTCY LITIGATION (Trial Practice CLE Hour)
  • Lindsey G. Anderson, Staff Attorney, Atlanta Legal Aid Society, Atlanta, GA
  • Vivieon Kelly Jones, Assistant United States Attorney, Northern District of Georgia, Atlanta, GA

  • 9:30
    Commercial Breakout Session:
    HIGH-STAKES LITIGATION IN BANKRUPTCY COURT (Trial Practice CLE Hour)
    Jacob A. Johnson, Senior Associate, Alston & Bird LLP, Atlanta, GA
    Donald R. Kirk, Shareholder, Carlton Fields, P.A., Tampa, FL
    Robert M. Dearing Mercer, Partner, Mercer Law LLC, Atlanta, GA
    Andrew Woltman, Managing Director & Co-Founder, Stratera Capital, LLC, Chicago, IL

  • 10:30
    Break

  • 10:40
    CASE LAW UPDATE
    Hon. Paul Baisier, Judge, Northern District of Georgia, Atlanta, GA
    Hon. John T. Laney, III, Judge, Middle District of Georgia, Macon, GA
    Hon. James P. Smith, Judge, Middle District of Georgia, Macon, GA

  • 11:40
    THE MORAL PREDICATE TO THE DISCHARGE IN BANKRUPTCY
    Jack F. Williams, Professor of Law, Georgia State University College of Law, Atlanta, GA

  • 12:40
  • LUNCH AND RECOGNITION OF RETIRING JUDGES

  • 1:40
  • Break

  • 1:50
  • CROSS EXAMINATION/DIRECT EXAMINATION TIPS & TRICKS (Trial Practice CLE Hour)
  • Bryan E. Bates, Partner, Parker, Hudson, Rainer & Dobbs LLP, Atlanta, GA
  • Hon. Jeffery W. Cavender, Judge, Northern District of Georgia, Atlanta, GA
  • Leslie M. Pineyro, Partner, Jones & Walden LLC, Atlanta, GA
  • Hon. Sage M. Sigler, Judge, Northern District of Georgia, Atlanta, GA

  • 2:50
  • A.I. IN THE BANKRUPTCY PRACTICE AND THE ETHICS INVOLVED (Ethics CLE Hour)
  • Jason S. Brookner, Partner, Gray Reed, Dallas, TX

  • 3:50
  • Break

  • 4:00
  • POST-PETITION APPRECIATION OF PROPERTY
  • Mandy K. Campbell, Staff Attorney, Northern District of Georgia, Atlanta, GA
  • Mark D. Gensburg , Associate, Jones & Walden LLC, Atlanta, GA
  • Nate T. Juster, Judicial Law Clerk, The Northern District of Georgia, Atlanta, GA
  • Jason L. Pettie, Partner, Taylor English Duma LLP, Atlanta, GA

  • 5:00
  • ADJOURN

Version 4

 

Handouts

Speaker

Ms. Michon Danielle Walker's Profile

Ms. Michon Danielle Walker Related Seminars and Products

Arthur L. Walker & Associates LLC


Michon Walker is a partner with Arthur L. Walker and Associates, LLC, a boutique firm specializing in consumer bankruptcy and represents debtors in Chapter 7 and Chapter 13 cases in the Middle and Southern Districts of Georgia.  Michon is a member of the Bankruptcy Lawyers Advisory Committee for the Southern District of Georgia (BLAC) and the Criminal Justice Act Panel for the Southern District of Georgia.


Ms. Leah Fiorenza McNeill's Profile

Ms. Leah Fiorenza McNeill Related Seminars and Products

Alston & Bird LLP


Leah Fiorenza McNeill is a partner with Alston & Bird’s Financial Restructuring & Reorganization Group. She represents lenders, investors, debtors, trustees, trade creditors, funds, and other parties in a range of restructuring matters, including Chapter 11 cases, out-of-court workouts, financings, and restructuring matters.

Leah has experience handling restructuring matters from a wide range of industries but has specifically honed her skills in the distressed health care space and the food and beverage industry, where she has niche expertise in the Perishable Agricultural Commodities Act to assist with insolvencies, restructurings, and corporate transactions.

Chambers USA listed Leah as “Up and Coming” for Bankruptcy/Restructuring – Georgia since 2021, she has been listed in The Best Lawyers in America© since 2020, she has been recognized in the Atlanta community as a Super Lawyers “Rising Star” since 2016, and she was selected to participate in the National Conference of Bankruptcy Judges Next Generation Program in 2015. Leah also co-chairs the ABA’s Business Bankruptcy Committee’s Healthcare and Nonprofits in Bankruptcy Subcommittee.

 

Representative Experience

  • Representing and advising a regional food distributor as a creditor in bankruptcy cases, obtaining critical vendor status for it throughout the United States, and asserting its rights under the Perishable Agricultural Commodities Act (PACA) to get paid in full before payment of other creditors.
  • Representing and advising a national food distributor as a creditor in bankruptcy cases, obtaining critical vendor status and priority claim status, asserting PACA claims and rights, and navigating contract assumption issues.
  • Represented the official committee of unsecured creditors in a Chapter 11 reorganization of a Tier 1 auto supplier.
  • Represented multiple financial institutions in connection with secured real estate transactions.
  • Represented a Chapter 11 trustee in liquidating a world-renowned luxury resort.
  • Defended various corporations in preference and fraudulent transfer actions.
  • Represented a distressed corporation in the sale of substantially all its assets outside of bankruptcy for over $20 million.
  • Represented a middle market radiology business as a stalking horse bidder in a Section 363 acquisition of an Arizona-based radiology business.
  • Represented the largest secured creditor and DIP lender of a skilled nursing facilities operator in bankruptcy in the Northern District of Texas.
  • Represented a community hospital in a Chapter 11 bankruptcy where substantially all its assets were sold in a Section 363 acquisition.
  • Advised clients in preparing COVID procedures, including analyzing risks associated with accepting alternative payment methods, offering support for issues expected to arise due to COVID fallout, including breach of a MAC clause, and advising on steps to take in preparation to address those issues.
  • Defended a nationwide food distributor in a procedurally complex PACA mass action in which unpaid creditors and lenders were seeking to recover $2 million. This lawsuit involved complex nuanced areas of PACA law.


Mr. Robert McCay Dearing Mercer's Profile

Mr. Robert McCay Dearing Mercer Related Seminars and Products

Mercer Law LLC


Having been a partner for many years in the bankruptcy and restructuring group of a large international law firm, Robert has a high-stakes bankruptcy and insolvency litigation practice.

In his over twenty-five years of practice, Robert has represented just about every major player in chapter 11 cases including post confirmation trustees, creditors’ committees, chapter 11 debtors, indenture trustees, receivers, asset purchasers, directors and officers, pre-petition lenders, and debtor-in-possession lenders.

Robert has appeared in bankruptcy courts around the country including the United States Bankruptcy Courts for the Southern District of New York and the District of Delaware. In addition, he has represented clients in high-stakes insolvency and commercial litigation in state and federal courts.

There are two significant ways that Robert’s practice differs from comparable bankruptcy and insolvency litigators. First, in very select cases, Robert represents insolvency fiduciaries in high-stakes litigation on a contingency fee. Second, unlike most bankruptcy and insolvency litigators, he does not represent—and, therefore, is not precluded from suing—any banks.


Honors & Awards
Chambers USA, Bankruptcy/Restructuring, Georgia, 2013 – 2021, 2023

Selected as a "Super Lawyer" in Bankruptcy by Atlanta Magazine, 2018-2023

Selected as a "Legal Elite" in Bankruptcy Law by Georgia Trend, 2016, 2018-2023


Recent Speaking Engagements

Moderator, “The Shoot Out at the OK Corral: Insolvency Litigation Targeting D&Os and Lenders”, TMA Atlanta Panel, Buckhead Club in Atlanta, Georgia, September 1, 2023.

Moderator, “Set ‘Em Up & Knock ‘Em Down: Litigation Arising Out of Distressed Deals”, TMA Southeast Regional Conference, Nashville, Tennessee, August 10, 2023.

Moderator, “Advanced Fraudulent Transfers: A Baker’s Dozen of Helpful Tips and Insights,” ABI Southeast Bankruptcy Workshop, Amelia Island, Florida, July 21, 2022.

 

Industry Leadership
Vice President of Membership (2018-2023) & Board of Directors (2014-2023) Turnaround Management Association, Atlanta Chapter

Advisory Board, American Bankruptcy Institute Southeast Bankruptcy Workshop (2017- 2023)

Advisory Committee, TMA Southeast Conference (2022-2023)



Ms. Leslie M. Pineyro's Profile

Ms. Leslie M. Pineyro Related Seminars and Products

Jones & Walden LLC


Leslie is a partner at Jones & Walden. She represents clients in a variety of legal matters in state and federal courts and in business transactions. Leslie represents debtors and creditors in bankruptcies and adversary proceedings. 

Prior to joining Jones & Walden, Leslie practiced at the boutique entertainment law firm of Jonathan E. Leonard, P.C., where she negotiated entertainment contracts and managed business and intellectual property matters for a variety of entertainment clients, including Grammy Award-winning writers, producers, and artists.

Leslie graudated from the University of Tennessee with a Bachelor of Business Administration in Finance in 2001 and from Georgia State University College of Law in 2006.


Hon. James Peyton Smith's Profile

Hon. James Peyton Smith Related Seminars and Products

US Bankruptcy Court


James P. Smith is the Chief  Bankruptcy Judge for the Middle District of Georgia. Judge Smith was appointed by the United States Court of Appeals for the Eleventh Circuit on February 22, 2010. Judge Smith attended the University of Georgia where he received his BBA-Finance degree in 1978 and his MBA and JD (cum laude) degrees in 1981.

Before taking the bench, Judge Smith was a partner with Arnall, Golden & Gregory from 1989 to 2005. In 2005, Judge Smith joined Stone & Baxter as a partner. While in private practice, Judge Smith’s practice concentrated on business litigation and representing debtors and creditors in consumer and business bankruptcy cases. Judge Smith is a frequent speaker and lecturer on bankruptcy topics. Judge Smith served on the Bankruptcy Section of the State Bar of Georgia and was its Chairman in 2000-2001. He also served on the Review Panel of the State Bar of Georgia in 2003 and was on the State Bar of Georgia Board of Bar Examiners from 2007 to 2010. Judge Smith was named a Georgia Super Lawyer by Atlanta Magazine in 2004 and 2005 and was listed in The Best Lawyers in America - Bankruptcy and Debtor-Creditors Rights Law from 2005 through 2009.



Mr. Jacob Axel Johnson's Profile

Mr. Jacob Axel Johnson Related Seminars and Products

Alston & Bird LLP


Jacob Johnson is a senior associate in Alston & Bird’s Financial Restructuring & Reorganization Group. He represents clients in a wide range of insolvency matters both in and out of court.

 

In court, Jacob represents clients in domestic and cross-border cases under the Bankruptcy Code, receiverships (creditor, regulatory, and SEC), ABCs, and state-law liquidations. He also represents clients in complex domestic and cross-border insolvency-related litigation, with a particular focus on complicated financial transactions. Outside the courtroom, Jacob negotiates out-of-court debt restructurings and business-separation agreements and counsels banks, large corporations, funds, and smaller companies in a wide variety of insolvency matters related to investment structures, corporate transactions, credit-risk mitigation, and financial services.

 

Jacob has been recognized in the “Ones to Watch” list by The Best Lawyers in America© for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law since its inauguration in 2020.

 

Jacob formerly clerked for the Hon. Marc T. Treadwell in the U.S. District Court for Middle District of Georgia and the Hon. Austin E. Carter in the U.S. Bankruptcy Court for the Middle District of Georgia. In law school, Jacob served as managing editor for the Mercer Law Review.


Ms. Mandy Kathleen Campbell's Profile

Ms. Mandy Kathleen Campbell Related Seminars and Products

Chapter 13 Trustee's Office


Mandy K. Campbell has served as staff attorney for Chapter 13 Trustees for over 15 years.  She received her undergraduate degree from Randolph-Macon Woman’s College and is graduate of the University of Georgia School of Law, 2005. She represented debtors in Chapter 7 and Chapter 13 before she was hired in 2008 by Adam M. Goodman, Standing Chapter 13 Trustee in the Northern District of Georgia, and she continues to represent his successor, Melissa J. Davey, as senior staff attorney.



Dr. Jack Williams's Profile

Dr. Jack Williams Related Seminars and Products

Georgia State University College of Law


Mr. Paul Maurice Baisier's Profile

Mr. Paul Maurice Baisier Related Seminars and Products

US Bankruptcy Court


Judge Baisier has been a bankruptcy judge in the Northern District of Georgia in Atlanta since July of 2015.  Prior to that time, he was for 15 years a partner in the Atlanta office of Seyfarth Shaw LLP, where he represented creditors in bankruptcy and related workout and collection matters and various parties in commercial real estate matters.  Judge Baisier began his legal career at King & Spalding, where he represented parties on all sides of bankruptcy cases, including debtors, creditors, creditors' committees, asset purchasers and even a future claims representative.  Judge Baisier received a B.S. in Finance from the University of Illinois with highest honors and a J.D.  magna cum laude from Harvard Law School.



Mr. Donald Kirk's Profile

Mr. Donald Kirk Related Seminars and Products

Carlton Fields


Donald Kirk is a board certified attorney who represents clients in high-value insolvency and financial restructuring matters, officer and director fiduciary duty litigation, and commercial litigation. He regularly represents secured lenders, purchasers of assets from troubled companies, debtors, fiduciaries, committees, and other stakeholders in multiparty disputes and reorganizations. His practice has recently focused on the highly specialized health care insolvency industry, particularly on behalf of institutional buyers of health care practices such as hospitals and skilled care facilities. Donald has represented stalking horse buyers in cases in and out of Florida, secured lenders that are participants in complex financing facilities, physician practice groups in contract disputes such as risk share agreements, and defending officers and directors of hospitals. Donald’s representation of officers and directors is expansive and typically involves taking the lead defense role in matters involving numerous defendants and their legal teams. His clients include executives of public, private, and not-for-profit companies, advising them on their duties, risks, and obligations as financial concerns arise, defending and resolving litigation involving breaches of fiduciary duty, and advisory services concerning governmental investigations. His expertise includes navigating the nuanced insurance issues that arise in such circumstances. He has successfully led multiparty negotiations for his clients in numerous such matters ranging in size from several million to hundreds of million dollars in claims. These resolutions often involve permanent relief from future claims. Donald has handled contested matters, through trial, in numerous state and federal courts, including those in Colorado, Delaware, New York, California, Georgia, Pennsylvania, Massachusetts, Washington, New Hampshire, and U.S. Virgin Islands. Donald is board certified in business bankruptcy by the American Board of Certification, and is a fellow of the American College of Bankruptcy. He is also a former president of the Tampa Bay Bankruptcy Bar Association. As co-chair of the Florida Bar’s Proceeding Supplementary Task Force, his team revised Florida’s proceeding supplementary judgment execution statute. He also chaired the American Bar Association’s successful effort to draft a model asset purchase agreement for bankruptcy sales. Chambers USA, a leading guide to the legal profession, noted that he "is very experienced in a wide variety of representations and a wide variety of cases. He's very bright, very capable, and does a good job across the board." 


Mr. Andrew Woltman's Profile

Mr. Andrew Woltman Related Seminars and Products

Statera Capital


Andy is Managing Director and Co-Founder of Statera Capital, a Chicago based commercial litigation finance firm differentiated by its flexible, responsive investment structures.  At Statera, Andy is responsible for investment sourcing, selection and management, fund operations, and investor relations. Andy also serves as Statera’s General Counsel.

 

Andy is responsible for leading Statera’s mission to provide access to litigation finance to a broader universe of lawyers and clients facing important legal challenges.  He is a trusted partner and recognized for his insight into the business of law and legal finance.  He has been ranked by Chambers and Partners, included in Lawdragon’s Global 100 Leaders for Litigation Finance, and recognized by Business Today as a top 10 U.S. litigation finance lawyer shaping the U.S. legal industry in 2023.  He is an advocate for greater efficiency in the U.S. civil justice system, and frequently speaks on how litigation finance can increase parity and promote access to justice.

 

Prior to launching Statera, Andy was an experienced commercial litigator who represented individuals and businesses in a wide range of complex commercial disputes. Andy joined Statera from an AmLaw 100 global law firm where, as a partner in the firm’s commercial litigation practice, Andy represented commercial entities as plaintiffs and defendants in federal and state courts and arbitrations throughout the country.

 

Andy received his B.S. from Boston College and J.D. from the University of Notre Dame Law School.



Jason Brookner's Profile

Jason Brookner Related Seminars and Products

Gray Reed


Serving as Gray Reed's Bankruptcy Practice Group Leader, Jason Brookner focuses his practice on advising debtors, buyers, creditors, trustees, committees, lenders and other constituents in all aspects of distressed, insolvency and restructuring scenarios. Known for his practical and diligent approach to solving challenging problems, he has obtained successful outcomes in complex cases in many industries, ranging from oil and gas, manufacturing, distribution and healthcare to poultry and meat processing, metals trading and restaurants (including fast casual and quick-service).
 

Selected by peers and clients in Chambers & Partners USA as one of the leading bankruptcy/restructuring lawyers in Texas every year since 2005, Jason has built a strong reputation for being fair but firm with opponents, developing creative solutions to his clients’ problems and providing compassionate representation. Jason was also recently recognized for his important role in the Life Partners Holdings, Inc. case, which was named the 2017 "Turnaround of the Year" in the large company category by the Turnaround Management Association.


Mr. Nathan Tal Juster's Profile

Mr. Nathan Tal Juster Related Seminars and Products

US District Court


Nate Juster is a career law clerk for Judge Victoria Calvert, U.S. District Court for the Northern District of Georgia. He previously clerked for Judge Amy Totenberg, U.S. District Court for the Northern District of Georgia and Judge Mary Grace Diehl, U.S. Bankruptcy Court for the Northern District of Georgia. Between his clerkships, he primarily practiced bankruptcy law, representing debtors in cases under chapters 7, 11, and 13, both in private practice at Jones & Walden and as a senior staff attorney with Atlanta Legal Aid Society. He is a co-author on the recently released Bankruptcy Basics, 3d Edition published by the National Consumer Law Center in 2023. He is also a contributing author to Collier on Bankruptcy and the Collier Bankruptcy Practice Guide. He has published articles in the ABI Journal and Pratt’s Journal of Bankruptcy Law. Mr. Juster was the 2019 recipient of the National Association of Consumer Bankruptcy Attorneys (NACBA)'s K. Colleen Nunnelly Award and the 2017 recipient of NACBA's Henry J. Sommer Legal Aid Scholarship.


Lodging

Omni Atlanta Hotel at Centennial Park

190 Marietta Street, Atlanta, GA 30303

Room cutoff date is December 1.

(BOOKING LINK)

 

Dinner Information

Location: 

Omni Atlanta Hotel at Centennial Park

190 Marietta Street, Atlanta, GA 30303

Thanks to the Bankruptcy Law Section, all bankruptcy judges, program chairs, speakers and registered attendees can attend the Wednesday, December 6 dinner at no additional cost. 

For planning purposes, we ask you to r.s.v.p.

Additional guest reservations at the Wednesday, December 6 dinner are available as you proceed through the on-line registration process.

Bankruptcy judges who would like to r.s.v.p. for a guest at the Wednesday, December 6 dinner should call ICLE at (678) 529-6685. 

Location

State Bar of Georgia

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104 Marietta St. NW, 3rd Floor, Atlanta, Georgia 30303, United States
(404) 527-8700
www.gabar.org

Agenda

Attendee Dinner RSVP
Location: Omni Atlanta Hotel at Centennial Park, 190 Marietta Street, Atlanta, GA 30303

Attendees must RSVP One (1).

Thanks to the Bankruptcy Law Section, all bankruptcy judges, program chairs, speakers and registered attendees can attend the Wednesday, December 6 dinner at no additional cost.  For planning purposes, we ask you to r.s.v.p. Additional guest reservations at the Wednesday, December 6 dinner are available as you proceed through the on-line registration process. Bankruptcy judges who would like to r.s.v.p. for a guest at the Wednesday, December 6 dinner should call ICLE at (678) 529-6685. 

Guest Dinner RSVP
Location: Omni Atlanta Hotel at Centennial Park, 190 Marietta Street, Atlanta, GA 30303

 

Thanks to the Bankruptcy Law Section, all bankruptcy judges, program chairs, speakers and registered attendees can attend the Wednesday, December 6 dinner at no additional cost.  For planning purposes, we ask you to r.s.v.p. Additional guest reservations at the Wednesday, December 6 dinner are available as you proceed through the on-line registration process. Bankruptcy judges who would like to r.s.v.p. for a guest at the Wednesday, December 6 dinner should call ICLE at (678) 529-6685. 

Important Information

Please be advised that your credit will not be reported to the State Bar of Georgia CLE Regulation Department until after you have completed the steps necessary to earn credit for that program. 

Self reporting is required for all other jurisdictions.

The information presented is solely for educational purposes. The opinions expressed by the faculty in their materials and presentations are their own and do not necessarily reflect the opinions of the State Bar of Georgia, its officers, directors and/or employees. The faculty is not engaged in rendering legal or other professional advice and these presentations and publications are not a substitute for the advice of an attorney. All publications and presentations were created to serve the continuing legal education needs of practicing attorneys.

Clicking the Add to Cart button signals acceptance of ICLE’s registration guidelines.

You can find FAQs here.