The second annual Connecticut Bankruptcy Conference will feature coverage of the Connecticut Local Rules of Bankruptcy Procedure. Learn about best practices and ethical considerations in both commercial and consumer bankruptcy from top practitioners.
CLB 2019 400x200
8:30 a.m. – 8:55 a.m.

Registration and Breakfast
Thank You to Our Breakfast Sponsors
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Murtha Cullina
8:55 a.m. – 9:00 a.m.

Welcome Remarks

Welcome Remarks

9:00 a.m. – 10:00 a.m.

Opening Plenary Session

State of the Court

Participate in a discussion with our three bankruptcy judges about interesting topics, including the state of the Court, the Local Rules of Bankruptcy Procedure after one year, the Standing Committee on the Local Rules of Bankruptcy Procedure, and meet the new clerk of the court.

 Hon. Julie Manning  

Chief Judge Julie A. Manning

United States Bankruptcy Court
Bridgeport
 
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Hon. Ann M. Nevins

United States Bankruptcy Court
New Haven
 Hon. James Tancredi  

Hon. James J. Tancredi

United States Bankruptcy Court
Hartford


10:00 a.m. – 10:10 a.m.

Break

Break

10:10 a.m. – 11:10 a.m.

Morning Plenary Session

The US Supreme Court and Bankruptcy

Ronald Mann will talk about his recent book, Bankruptcy and the US Supreme Court. The book reports a detailed study of the Supreme Court's cases interpreting the Bankruptcy Code and argues that those cases reflect a systematic tendency against a broad construction of the code. His talk will discuss some top-level statistics that support his argument and some of the detailed case studies of the individual decisions, based on the private papers that illuminate the behind-the-scenes deliberations about those cases.
 Ronald Mann  

Ronald J. Mann

Columbia Law School
New York, NY
11:10 a.m. – 11:20 a.m.

Break

Break

11:20 a.m. – 12:20 p.m.

Concurrent Session 1

1A - What You Need to Know about Paying and Discharging Taxes in Bankruptcy

This seminar will review the discharge of income taxes in Chapter 7 and how to accurately compute and apply the three-year rule, the two-year rule and the 240-day rule when attempting to discharge income taxes with the IRS. A discussion will be presented on how to apply the same rules to the discharge of income taxes with the Connecticut Department of Revenue Services (DRS). A review will be presented of the law as pertains to a late-filed tax return and the impact of such on discharging of income taxes in bankruptcy. An outline of the problems will be discussed reviewing the issues of discharging and paying taxes in Chapter 13 which every practitioner must understand in developing a Chapter 13 plan. An overview will be given on how to handle taxes such as sales taxes and payroll taxes, which are not dischargeable in bankruptcy but could be dealt with outside of the bankruptcy with an OIC or an installment agreement.

 david falvey  


David F. Falvey

Action Advocacy PC
Groton
 Ken Lenz  


Kenneth E. Lenz

Lenz Law Firm LLC
Orange
 Denise Mondell  


Denise S. Mondell

State of Connecticut Office of the Attorney General
Hartford
 Lauren Nash  


Lauren M. Nash

US Attorney's Office, District of Connecticut
New Haven

Roger Nemeth
 


Roger Nemeth

Audit Detective LLC
Tallahassee, FL


1B - Issues in Advanced ADR

This panel will discuss the interplay of bankruptcy and alternative dispute resolution. We will focus on a variety of issues such as the role, standard of care, and ethics of the mediator; conflicts between confidentiality and good faith in mediation; the enforceability of settlement agreements reached after mediation; and the enforcement of arbitration clauses in bankruptcy.

 Hon. James Tancredi  

Hon. James J. Tancredi

United States Bankruptcy Court
Hartford
 Tom Gugliotti  

Thomas A. Gugliotti
Updike Kelly & Spellacy PC
Hartford
 Kristin Mayhew  

Kristin B. Mayhew
McElroy Deutsch Mulvaney & Carpenter LLP
Southport
 David Shaiken  

David Shaiken

Shipman Shaiken & Schwefel LLC
West Hartford


12:30 p.m. – 1:30 p.m.

Luncheon Plenary Session

Consumer Bankruptcy: Past, Present, and Future

This session will take a look at how consumer bankruptcy has changed, starting with the Bankruptcy Reform Act of 1978, and what we might expect in the future.

Henry Sommer



Henry J. Sommer

Editor-in-Chief
Collier on Bankruptcy
Philadelphia, PA



 Thank You to Our Luncheon Sponsor

 green and sklarz  
1:30 p.m. – 1:40 p.m.

Break

Break



 
 
1:40 p.m. – 2:40 p.m

Concurrent Session 2

2A - Preserving the Family Business During the Owner’s Chapter 7 and Other Hot Topics in Straight Bankruptcy

Our Chapter 7-focused panel will address select hot topics for 2019 with an emphasis on the individual or married couple owning and operating a small business. The panel will discuss means test issues such as qualifying the debtor with a small business for the business exception to the test, assessing the 707(b)(3)(B) totality of the circumstances risk, and qualifying one spouse at a time under the means test where together they flunk. Hot topics in claims include disputing stale claims in bankruptcy after the Supreme Court’s Midland Funding v. Johnson decision, and seeking attorney’s fees on unsecured claims. The panelists will discuss such discharge issues as whether the trustee can obtain an extension of the 523 deadline even though the trustee cannot bring such an action, the mysterious rules in counting days until the discharge deadline, discharge of HOA and condo association fees, and remedies for discharge violations. The panel will debate the trustee’s perspective on dealing with debtors who own and operate a small business, the latest on tuition claw back, and thoughts on counseling the debtors on the penalty for educating their children.

 Matthew Beatman  

Matthew K. Beatman

Zeisler & Zeisler PC
Bridgeport
 James M. Nugent  

James M. Nugent
Harlow Adams & Friedman PC
Milford
 Kara Rescia  

Kara S. Rescia
Rescia Law PC
Enfield


2B - First Day Motions: Plotting a Safe Course Through the Initial Days of a Chapter 11

When a company files for Chapter 11, debtor’s counsel typically files, along with the petition, a number of motions which have come to be known as “first day motions.” These motions are designed to minimize the disruption in the business caused by bankruptcy. In some instances, the relief sought through these motions is designed to override statutory prohibitions of the Bankruptcy Code, while others are needed out of administrative necessity or to assure the availability of cash. The panel will discuss what motions should be filed on the first day, motions that may be appropriate to file under certain circumstances and what motions should not be treated as first day motions. The panel will address process and procedure for first day motions, as well as applicable Bankruptcy Code sections, Bankruptcy Rules, and Local Bankruptcy Rules. The panel will deliver a roadmap for the successful launch of your next Chapter 11. 

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Hon. Ann M. Nevins

United States Bankruptcy Court
New Haven
 Elizabeth Austin  

Elizabeth J. Austin

Pullman & Comley LLC
Bridgeport
 James Berman  

James Berman

Zeisler & Zeisler PC
Bridgeport
 Holley Claiborn  

Holley L. Claiborn

Office of the United States Trustee
New Haven


2:40 p.m. – 2:50 p.m.

Break

Break

Thank you to our Afternoon Break Sponsor


 CTTMA
 
2:50 p.m. – 3:50 p.m.

Concurrent Session 3

3A- Representing the Self-Employed Debtor Engaged in Business in Chapter 13

This presentation will cover the basics that each consumer bankruptcy attorney must know in order to properly evaluate the option for Chapter 13 protection for the self-employed debtor, and whether or not the debtor has debts which are predominantly consumer or non-consumer obligations. Under the Bankruptcy Code, a debtor who is self-employed and incurs trade credit as part of one's production of income from self-employment is considered to be a "debtor engaged in business" pursuant to Section 1304 of Title 11. The panelists will discuss the significance of this classification and how such a case differs from that of an individual who is self-employed but does not incur trade credit, and the wage earner who is not self-employed and does not incur trade credit. Many issues arise that must be considered by the consumer bankruptcy practitioner before such a case can either be evaluated and/or accepted as a case to be filed.


Greg Arcaro
 

Gregory F. Arcaro

Grafstein & Arcaro LLC
New Britain
 Patrick Crook  

Patrick Crook
Staff Attorney for Chapter 13 Standing Trustee
Hartford
 Bonnie Mangan  

Bonnie C. Mangan
Office of the United States Trustee, Chapter 7 Trustee
South Windsor
 Susan M. Williams  

Susan M. Williams
Susan M. Williams LLC
Enfield


3B - Winning! How to Confirm a Contested Chapter 11 Plan

Confirming a plan of reorganization is the goal in most midmarket Chapter 11 cases. While we all hope the confirmation will be consensual among the parties, that does not always happen. The best way to achieve consent is often to be prepared for battle. This panel will discuss how to properly prepare for and prevail in a contested Chapter 11 plan confirmation contest. After a brief overview of the confirmation process, the perspective of the debtor, creditors, US Trustee, the judge, and other stakeholders will be discussed.   

 Hon. Elizabeth Strong  

Hon. Elizabeth S. Stong
United States Bankruptcy Court Eastern District of New York
Brooklyn, NY
 Taruna Garg  

Taruna Garg

Murtha Cullina LLP
Stamford
 Harrington_William  

William K. Harrington

Office of the United States Trustee
Boston, MA
 Nancy Kinsella  

Nancy B. Kinsella

Neubert Pepe & Monteith PC
New Haven
 Jeff Sklarz  

Jeffrey M. Sklarz

Green & Sklarz LLC
New Haven
3:50 p.m. – 4:05 p.m.

Break

Break



 
 
4:05 p.m. – 5:05 p.m.

Closing Plenary Session

Cyber Security: The Lawyer’s Professional Responsibility

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Law firm cyber security is not strictly the domain of IT professionals or the technically savvy. Case law, ethics opinions, and commentary to the ethics rules make it clear that all lawyers must “get smart” about threats to the firm’s client information. This interactive panel will present a few of the common cyber threat scenarios that law firms face and discuss how we should prepare for and respond to those scenarios, as required by certain rules of professional responsibility. 

 Hon. Julie Manning  

Chief Judge Julie A. Manning
United States Bankruptcy Court
Bridgeport
 David Atkins  

David P. Atkins

Pullman & Comley LLC
Bridgeport
 Joshua Luksberg  

Joshua A. Luksberg
First American Title Insurance Company
Hartford
 Yoder Sherwin  

Sherwin M. Yoder

Carmody Torrance Sandak & Hennessey LLP
New Haven

5:05 p.m. – 5:10 p.m.

Closing Remarks

Closing Remarks

5:10 p.m. – 6:30 p.m.

Cocktail Reception
Thank You to Our Cocktail Reception Sponsor

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