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ABI's Hot Consumer Topics 2020


Level: Advanced
Runtime: 66 minutes
Recorded Date: June 26, 2020
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Agenda

  • Chapter 7: Trustee's Perspectives
  • Chapter 7: Valuation, Fraudulent Transfers, and Best Practices
  • Chapter 13: 401(k) Contributions and Ch. 13 Practices during COVID-19
  • Hot Topics on Chapter 13
Runtime: 1 hour, 6 minutes
Recorded: June 26, 2020

Description

The panelists will discuss the best practices for tricky Chapter 7s, Chapter 13 plan modifications filed pursuant to The CARES Act, tips for ensuring proper service, and a discussion of the current case law on 401(k) contributions and nunc pro tunc orders.

This program was recorded as part of American Bankruptcy Institute's Central States Virtual Bankruptcy Workshop held on June 26th, 2020.

Provided By

American Bankruptcy Institute
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Panelists

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Charissa Potts

Principal Attorney
Freedom Law, P.C.

Charissa Potts is Principal Attorney at FLPC. She was recently named to the prestigious American Bankruptcy Institute (ABI) 2019 “40 under 40” class of top bankruptcy practitioners nationwide. She is board-certified by the American Board of Certification. As a natural problem solver, she excels at finding solutions to the most complicated financial problems of consumers and small businesses. After helping hundreds of clients solve debt-related matters she is one of the most respected bankruptcy attorneys in the Detroit area.

Charissa received her JD at Wayne State University Law School in 2006.

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Nauni Manty

President
Manty & Associates, P.A.

Nauni’s practice focuses in the areas of commercial litigation and complex bankruptcy matters. She has represented creditors in all types of settings including enforcing creditors’ rights and remedies in state court as well as in federal court.

She has also been a Court-appointed receiver in a Securities Exchange Commission matter in U.S. District Court, District of Minnesota. In October 1998, Nauni was appointed by the United States Trustee, United States Department of Justice, to serve as a Chapter 7 Panel Trustee for the District of Minnesota. She has also been appointed as a Chapter 11 operating trustee in several cases. As a Chapter 11 Trustee, she has operated a large farming operation in Southern Minnesota, a national restaurant franchise, a “gentlemen’s” club, a shopping mall, a large software company, an in-home care service provider, a vehicle repair servicing center and a warehouse distributor of hunting products, including clothing. All of the chapter 11 cases have successfully exited chapter 11 either through liquidation or reorganization.

Nauni has other chapter 11 experience as well. She has represented secured and unsecured creditors. She has also served as unsecured creditors committee counsel.

As Chapter 7 Trustee, Nauni has been appointed on over 15,000 cases. She has handled many large complex cases. In one particular case, she liquidated over 48 convenience stores dealing with the sale of the properties or the assumption and assignment of leases. Revenues generated in the case exceeded $16 million. She commenced a case against various insiders and related companies based on preference, fraudulent transfers and equitable subordination issues. Through those efforts, she paid all of the mortgagees and unsecured creditors in full, with interest.

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Barbara P. Foley

Chapter 13 Trustee
Chatper 13 Trustee, Western District of Michigan

Since May 2010, Barbara Pietila Foley has been the standing Chapter 13 trustee for the Western District of Michigan. In the Western District of Michigan, she is a member of the Federal Bar Association's Bankruptcy Section, where she is a member of the steering committee and a former member of the local bankruptcy rules consumer subcommittee.

From 1982 to 1985, Ms. Foley was in private practice in Michigan, then joined the UAW Legal Services Plan in 1984, practicing there until 2002. In 2002, she took a position as staff attorney to Chapter13 trustee Carl Bekofske and remained there until her appointment as standing trustee.

Ms. Foley is a member of the State Bar of Michigan and a graduate of the Seattle University School of Law, where she was associate editor of the law review.

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Hon. James W. Boyd

Judge
U.S. Bankruptcy Court, Western District of Michigan

Hon. James W. Boyd was appointed in May 2014. Before his judicial service, he was a partner with the Traverse City law firm of Kuhn, Darling, Boyd and Quandt, PLC, where he practiced in the areas of bankruptcy law and commercial litigation. He is a past president of the National Association of Bankruptcy Trustees and a member of the State Bar of Michigan, the Federal Bar Association, and the American Bankruptcy Institute. Judge Boyd has extensive trustee and receivership experience in both Chapter 7 and Chapter 11 cases involving a wide variety of industries. He has also served as an operating and liquidating receiver under Michigan law for numerous entities.


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