West Virginia Bankruptcy Seminar - Session One

Emerging Consumer Issues

Judge Volk will discuss emerging issues in consumer bankruptcy through a “Top 10” list of new issues, proposed rule changes, and case law developments.

Presenter Information

Hon. Frank Volk was appointed to the bench on October 8, 2015. Judge Volk is an accomplished legal scholar, professor at law, and a former senior law clerk with a deep knowledge of bankruptcy law and a keen appreciation of the important role served by bankruptcy court judges.


Noteworthy Issues in Chapter 13

This is a panel discussion of numerous issues arising in Chapter 13 cases. The Panel may discuss: objections to claims, business debtors, property of the estate, foreclosure and collection, post-petition credit, motions to sell, hiring professionals, post-confirmation attorney’s fees, suspend plan payments, cure and maintain issues, and other issues that may be raised by the audience.

Presenter Information

Helen M. Morris is the sole Chapter 13 Trustee for the Northern and Southern Districts of West Virginia.

David Hinkle is an attorney with a consumer bankruptcy practice in Martinsburg, WV.

David Nalley is an attorney at Reisenfeld & Associates in Cincinnati, Ohio. He leads the firm’s multi-state bankruptcy group.


Navigating Chapter 11

This is a panel discussion regarding individual filings, small business filings, single asset real estate cases, single-member LLC cases, and non-profit bankruptcy. The Panel will generally discuss the pros and cons of Chapter 11 sales of substantially all assets, structured dismissals and plan confirmation.

Presenter Information

David Bissett is a Trial Attorney from the Regional Office of the United States Trustee’s Office in Charleston, WV.

Steve Thomas is an attorney at Kay, Casto & Chaney in Charleston, WV.

Julie Chincheck is an attorney at Bowles Rice LLP in Charleston, WV


Bankruptcy Ethics and Law Office Management

This panel will discuss the difficulties and ethical issues inherent in a consumer or business bankruptcy practice. Viewpoints from a debtor’s practice and a creditor’s practice will be highlighted along with professional retention issues.

Presenter Information

Alex Shay is a Trial Attorney from the Regional Office of the United States Trustee’s Office in Charleston, WV

Andy Nason is an attorney at Pepper & Nason in Charleston, WV, where he practices bankruptcy law.

Mike Clagett is an attorney with a consumer bankruptcy practice in Bridgeport, WV


Domestic Relations and Bankruptcy

The panel will discuss the benefits of filing bankruptcy before filing for divorce, what happens when a bankruptcy case is filed during a pending divorce, and how a bankruptcy automatic stay and discharge effect the orders issued by the family law judge.

Presenter Information

Matt Hayes is the Clerk of Court for the Southern District of West Virginia.

Judge Robert Montgomery serves as a family law judge for the Eleventh Family Court Circuit (Kanawha County)


Case Law Update

The case law update focuses on recent bankruptcy decisions in the United States Supreme Court, the Court of Appeals for the Fourth Circuit, the District Courts in West Virginia and the Bankruptcy Courts in West Virginia

Presenter Information

Hon. Patrick M. Flatley was appointed as bankruptcy judge in the Northern District of West Virginia in 2006. Before becoming a bankruptcy judge, he served as the civil chief for the U.S. Attorney’s Office in the Northern District of West Virginia.


WV Consumer Protection and Bankruptcy

This panel discussion will focus on the WVCCPA, FDCPA, and recent Supreme Court cases. It will specifically detail proofs of claim and how to determine whether to object based on the discernment of the applicable statute of limitations.

Presenter Information

Aaron Amore is an attorney in Charles Town where he practices bankruptcy and litigates consumer issues. He is also a Chapter 7 trustee for the State of West Virginia and co-chair of the Bankruptcy Law Committee of the West Virginia State Bar.

Todd Johnson is an attorney in Morgantown, WV, where he practices bankruptcy law and litigates consumer issues. He is also a trained arbitrator and mediator and he serves as a judge for four municipalities in West Virginia. He is co-chair of the Bankruptcy Law Committee of the West Virginia State Bar.

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