Attention:
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Stop Where You Are: A Bankruptcy Has Been Filed. But Don't Just Stand There!


Level: Intermediate
Runtime: 75 minutes
Recorded Date: August 19, 2021
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Agenda

  • The Automatic Stay
  • Automatic Stay Violations
  • The Co-Debtor Stay
  • Discharge Injunction
  • Duty to Mitigate
  • Case Law
Runtime: 1 hour, 15 minutes
Recorded: August 19, 2021

For NY - Difficulty Level: For both newly-admitted and experienced attorneys (transitional)

Description

Our expert faculty will update you on a potpourri of automatic stay and discharge injunction violation issues, including the latest guidance from the Supreme Court on action vs. inaction, the return of repossessed cars and the collection of discharged debt.

This program was recorded as part of ABI's 2021 Midwest Regional Bankruptcy Seminar on August 19th, 2021.

Provided By

American Bankruptcy Institute
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Panelists

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Edward J. Boll, III

Managing Attorney, Bankruptcy
Lerner, Sampson & Rothfuss, LPA

Edward J. Boll, III is the managing bankruptcy attorney with Lerner, Sampson & Rothfuss, LPA in Cincinnati. His bankruptcy law practice before all 12 active Ohio bankruptcy judges has included the representation of secured and unsecured creditors in chapters 7, 11, 12 and 13 cases. He is a former chairman of the Cincinnati Bar Association’s Bankruptcy Judicial Liaison Committee, a former chairman of the Cincinnati Bar Association’s Bankruptcy Committee, and a former board member of the Cincinnati Bar Association’s Board of Trustees. He is actively involved with the NACTT Mortgage Subcommittee, and he is a member of the board of directors for the Trustee’s Education Network (TEN) and ABI’s Midwest Regional Bankruptcy Seminar Advisory Board.

Mr. Boll received his B.A. from the University of Cincinnati in 1997 and completed an International & Comparative Business Law Study Abroad in London in 1998 with the University of Notre Dame School of Law, and he received his J.D. from the University of Dayton School of Law in 2000, where he was a member of the University of Dayton National Bankruptcy Moot Court Team.

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Michael B. Baker

Solo Practitioner
The Baker Firm, PLLC

Michael B. Baker is a solo practitioner with The Baker Firm, PLLC in Ft. Mitchell, Ky., and has represented a variety of debtors and creditors in chapter 7, 11 and 13 in the areas of bankruptcy and civil litigation. He also routinely represents chapter 7 trustees. Mr. Baker received his J.D. cum laude in 2007 from Northern Kentucky University Salmon P. Chase College of Law.

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Hon. Jeffrey P. Hopkins

Judge
U.S. Bankruptcy Court, Southern District of Ohio

Hon. Jeffery P. Hopkins is a Bankruptcy Judge for the U.S. Bankruptcy Court for the Southern District of Ohio in Cincinnati, appointed in 1996 and reappointed in 2010.

After graduating from law school, he clerked for Hon. Alan E. Norris on the U.S. Court of Appeals for the Sixth Circuit, then worked as an associate with Squire, Sanders & Dempsey, LLP, specializing in complex commercial litigation.

In 1990, Judge Hopkins sought appointment as an Assistant U.S. Attorney and advanced to become chief of the Civil Division for the Southern District of Ohio. During his tenure on the bankruptcy court, he has served on several committees of the Judicial Conference of the United States and for bar-related and civic organizations.

In 2002, the late Chief Justice William H. Rehnquist appointed Judge Hopkins to the Federal Judicial Center’s Education Committee for bankruptcy judges. Chief Justice John G. Roberts, Jr. appointed him to the Advisory Committee on Bankruptcy Rules, for which he chaired its Business Bankruptcy Subcommittee until 2009.

Judge Hopkins formerly served on the boards of ABI, the ABA Business Bankruptcy Committee and the Cincinnati Symphony Orchestra, and as chair of the Queen City Foundation. Judge Hopkins is a Fellow of the American College of Bankruptcy and a frequent lecturer on bankruptcy law. He also was an adjunct professor at the University of Cincinnati College of Law.

In 2010, Judge Hopkins received the William K. Thomas Distinguished Jurist Award from his alma mater, The Ohio State College of Law. He also is a past president of the National Conference of Bankruptcy Judges.

Judge Hopkins received his A.B. in government and legal studies and anthro-sociology from Bowdoin College in 1982 and his J.D. in 1985 from The Ohio State University’s Michael E. Moritz College of Law.

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Brian D. Flick

Managing Partner
The Dann Law Firm

Brian D. Flick is the managing partner of The Dann Law Firm’s Cincinnati office, where he focuses his practice in consumer law in Ohio, Kentucky and across the U.S. His practice areas include consumer bankruptcy debtor representation in the areas of chapters 7, 12 and 13, consumer fraud, real estate litigation, foreclosure defense, student loan debt defense, bankruptcy litigation and mortgage servicing litigation under the Real Estate Settlement Procedures Act and the Truth in Lending Act. Since beginning the practice of law, he has been very active in local and national attorney associations.

Mr. Flick is active with the Cincinnati Bar Association’s Bankruptcy Committee, and he sits on the Volunteer Lawyers Committee for the Cincinnati Bar Association. He also is the current Sixth Circuit Listserv Moderator for the National Association of Consumer Bankruptcy Attorneys and the current Ohio State Chair for the National Association of Consumer Advocates, both positions he has held since May 2017. In addition, he was appointed by the Board of Trustees as a member of the Unauthorized Practice of Law Committee of the Cincinnati Bar Association in June 2017.

Mr. Flick has been a frequent speaker at Cincinnati Bar Association, NACBA and NACA events since 2014, and he has assisted with DannLaw’s Regulation X and Z Seminars, which have taken place since 2016. In addition, he serves as a facilitator for the SDOH Bankruptcy Mortgage Modification Program and a mediator with the SDOH Bankruptcy Court Mediation Program. Mr. Flick received his B.A. from Adrian College and his J.D. from the Ohio Northern University Petition College of Law.


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