West Virginia Bankruptcy Seminar - Session Two

Chapter 7 & 13 Timeline, Significant Case Events, Notice and Service

Participants obtain a general outline of the life of a typical Chapter 7 and Chapter 13 case, with significant case milestones explained in sufficient detail to explain the consumer bankruptcy process to a client. Bankruptcy has about 145 different notice provisions, and participants will obtain an explanation of the difference between notice and service and how that difference can impact events in a case.

Presenter Information

Ryan Johnson is the Clerk of the Bankruptcy Court for the Northern District of West Virginia.


Purpose of Chapter 7 & 13; Property of the Estate and WV Bankruptcy Exemptions

This session focuses on the differences between Chapter 7, Chapter 13, and when a Chapter 11 may be required. The theory of the bankruptcy estate is outlined. How exemptions work in bankruptcy cases and how to claim the West Virginia bankruptcy exemptions in estate property are explained.

Presenter Information

Marty Sheehan is an attorney at Sheehan & Nugent, PLLC in Wheeling, WV. He is also a Chapter 7 trustee for the State of West Virginia.


Automatic Stay, Discharge, and Reaffirmation Agreement

The impact and meaning of the automatic stay is explained, including, but not limited to, certain exceptions from the automatic stay and its termination by operation of law. The difference between the automatic stay and the discharge order is explained, as well as the concept of a reaffirmation agreement, which, if properly executed, will make the discharge inapplicable to a specific debt.

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


Bankruptcy Ethics and Law Office Management

This session focuses on setting up a bankruptcy practice, hiring appropriate staff, filing software, and getting paid.

Presenter Information

Tom Fluharty is an attorney with a bankruptcy practice in Clarksburg, WV. He is also a Chapter 7 trustee for the State of West Virginia.

Gary Kinder is an attorney with a bankruptcy practice in Charleston, WV and a former career law clerk for retired Bankruptcy Judge Ronald G. Pearson.


Judicial Lien Avoidance

This session goes into detail on how to avoid a judicial lien in a bankruptcy case under Section 522(f) of the Bankruptcy Code. Worksheets and sample problems are provided.

Presenter Information

J.J. Voithofer is the career law clerk to Bankruptcy Judge Patrick M. Flatley in the Northern District of West Virginia.


Bankruptcy Jurisdiction and Procedure

Among other items, Judge Volk will detail the difference between constitutional authority for a bankruptcy judge to decide a case, subject matter jurisdiction under Section 1334 of Title 28 of the United States Code, ancillary jurisdiction under Section 1367, and the difference between jurisdiction and authority to make a decision in core or non-core proceedings under Section 157 of Title 28 of the United States Code. If that is too complicated, Judge Volk will detail how to “withdraw the reference” for a bankruptcy matter to have it heard by an Article III judicial officer.

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.


Role of the Chapter 7 and 13 Trustee, and Chapter 5 Powers

The roles and powers of a Chapter 7 trustee are explained, and those are compared to the roles and powers of a Chapter 13 trustee. An explanation is provided of when a debtor in a consumer bankruptcy case may exercise a trustee’s power.

Presenter Information

McKay Wycoff is the career law clerk to Bankruptcy Judge Frank Volk in the Southern District of West Virginia.

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