Attention:
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Subchapter V


Level: Advanced
Runtime: 74 minutes
Recorded Date: August 20, 2021
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Agenda

  • Overview of Subchapter V
  • Debtor's Election of Subchapter V
  • The Subchapter V Trustee
  • Debtor as Debtor in Posession and Duties of Debtor
  • Administrative and Procedural Features of Subchapter V
  • Contents of Subchapter V Plan
  • Confirmation of the Plan
  • Payments Under Confirmed Plan
  • Disharge
  • Changes to Property of the Estate in Subchapter V Cases
  • Default and Remedies
  • Effective Date and Retroactive Application of Subchater V
Runtime: 1 hour, 14 minutes
Recorded: August 20, 2021

For NY - Difficulty Level: For experienced attorneys only (non-transitional)

Description

This panel will discuss subchapter V — whether there have been any notable filings, what to expect with this type of filing, what practitioners should be aware of, what issues are likely to be paramount, how practitioners should handle cases filed under this subchapter, and issues that creditors might need to know about — from the perspectives of the DOJ, the prospective appointed trustee and debtor’s counsel.

This program was recorded as part of ABI's 2021 Midwest Regional Bankruptcy Seminar on August 20th, 2021.

Provided By

American Bankruptcy Institute
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Panelists

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Donald W. Mallory, CPA

Partner
Wood & Lamping LLP

Donald W. Mallory, CPA is a partner of the law firm of Wood Lamping, LLP in Cincinnati, where his practice focuses on insolvency, debtors’ and creditors’ rights with a focus on credit union representation, bankruptcy reorganizations, out-of-court workouts, financial and organizational corporate restructurings, complex litigation and general business matters. He has experience representing debtors, secured lenders, trustees and trade creditors in proceedings under chapters 7, 11 and 13 of the U.S. Bankruptcy Code, and in insolvency-related litigation such as receiverships and assignments for the benefit of creditors. Mr. Mallory has appeared and argued extensively in federal and state courts throughout the U.S. on a wide range of bankruptcy and collection-related issues, including appellate litigation. He also has been appointed a subchapter V trustee for the Southern District of Ohio.

Mr. Mallory is a member of the Cincinnati, Ohio, American, Northern Kentucky and Kentucky Bar Associations and is admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the Sixth Circuit, the U.S. District Courts for the Northern and Southern Districts of Ohio, the Eastern and Western Districts of Kentucky, and the Northern and Southern Districts of Indiana, the U.S. Tax Court and the Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Sixth Circuit. He also is an ABI member and is active on the advisory board of its Midwest Regional Bankruptcy Seminar.

Mr. Mallory received his B.B.A. in 1995 from the University of Cincinnati and his J.D. magna cum laude in 1999 from Northern Kentucky University, Chase College of Law, where he served on the Northern Kentucky University Law Review and was an officer of the Northern Kentucky University Moot Court Board.

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Mary R. Jensen

Assistant U.S. Trustee
Office of Trusttee for the Western District of Wisonsin

Mary R. Jensen is the Assistant U.S. Trustee for the Western District of Wisconsin in Madison. She is also an active member of several U.S. Trustee Program national project teams.

Previously, Ms. Jensen clerked for Hon. Kay Woods in the U.S. Bankruptcy Court for the Northern District of Wisconsin before joining the U.S. Trustee Program in 2009 as a trial attorney, a position she held until 2014. Prior to attending law school, she held a variety of positions in education and nonprofit management.

Ms. Jensen received her B.A. in psychology from the University of Dallas, her M.A. in professional writing with a concentration in public management from Carnegie Mellon University, and her J.D. from Duquesne University in Pittsburgh.

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Hon. Paul W. Bonapfel

Judge
U.S. Bankruptcy Court - Northern District of Georgia

Hon. Paul W. Bonapfel is a U.S. Bankruptcy Judge for the Northern District of Georgia in Atlanta, appointed in 2002.

Prior to his appointment, he practiced law in Atlanta with Lamberth, Bonapfel, Cifelli & Stokes, P.A., now known as Lamberth, Cifelli, Ellis & Nason, P.A. As an attorney, Judge Bonapfel represented all types of parties in bankruptcy cases, including consumer and business debtors in liquidation cases, business debtors in reorganization cases, chapter 7 and 11 bankruptcy trustees, creditors’ committees, and creditors in both consumer and business cases.

Judge Bonapfel is a co-author of Chapter 13 Practice and Procedure (Thomson Reuters). A Fellow in the American College of Bankruptcy, he has served as chairperson of the Bankruptcy Sections of the State Bar of Georgia and the Atlanta Bar Association and was a director and president of the Southeastern Bankruptcy Law Institute, which presents an annual seminar on bankruptcy law and procedure. In addition, he teaches a course at Mercer Law School in Macon, Ga., on consumer bankruptcy practice.

Judge Bonapfel received his B.A. cum laude from Florida State University in 1972 and his J.D. magna cum laude from the University of Georgia School of Law in 1975, where he was a notes editor of the Georgia Law Review. Following law school, he clerked for U.S. District Judge Wilbur D. Owens, Jr., in Macon.

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Eric Goering

Partner
Law Office of Goering & Goering, LLC

Eric W. Goering is a partner with the Law Office of Goering & Goering, LLC. He has over 20 years of experience in bankruptcy law. His practice concentrates in business and consumer bankruptcy, including loan workouts and commercial loan restructuring for the large business client. He handles an average of 100 cases per month as Trustee and Debtors counsel.

Eric was appointed in 2003 as a Chapter 7 Trustee in the Southern District of Ohio. He is a past President of the Cincinnati Bar Association, former school board member, member of the Judicial Liaison Committee, Bankruptcy Local Rules Committee, Volunteer Lawyers, and Executive Committee Member of the Midwest Regional Bankruptcy Seminar. He is a frequent lecturer throughout the country regarding Chapter 7, Chapter 11, and Chapter 13 bankruptcy issues. He is married with three wonderful children.


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