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JULY 2020 Meeting – “Bankruptcy Bumps in the Road: The Uninvited (sic) Parties”

The monthly meeting for July,  2020 will be held on Tuesday,  July 28,  2020 as an ONLINE CONFERENCE.

Social* begins at 5:00 p.m., followed by an informative presentation at 5:30 p.m.

*(Comestibles and libations are the participant’s own responsibility).

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The presentation for July, 2020 will be “Bankruptcy Bumps in the Road: The Uninvited (sic) Parties”,  presented by
Mr. Ronald ‘Ronnie’ Hornberger of Plunkett Griesenbeck & Mimari, Inc.

The invitation to the Zoom Conference is in the email sent to you, notifying you of this meeting.

CLE CREDIT will be provided to participants.  Following the session, please email your name and State Bar number to Trey White at treywhite@villawhite.com.

To prevent any zoom-bombing, Mr. Hornberger will lock the meeting by 5:40 p.m.  Once the meeting is locked, no one will be able to get in, even with the password.  A recording of the session is anticipated, so that may be made available to anyone who can’t attend the meeting.  Upon  viewing the session, they can apply for CLE credit through the State Bar of Texas.

************** Following is Mr. Hornberger’s Paper *******************

Bankruptcy Bumps in the Road: The Uninvited (Sic) Parties

For the San Antonio Bankruptcy Bar Association

By Ronnie Hornberger

This will be an interactive discussion. Bring your questions, you war stories and your nightmare scenarios!

Suggested Discussion Topics List

  1. Chapter 11 Trustee, Examiner and Committees
    1. The Chapter 11 Trustee
      1. Who IS this person?
      1. Who invited this person to “our party”?
      1. WHAT does this person DO?
      1. Who PAYS for this person?
      1. How do we get rid of this person?
    1. The Examiner
      1. WHO is THIS person?
      1. WHO invited THIS person?
      1. WHAT does this person DO?
      1. Who PAYS for this person?
      1. To WHOM does this person report?
    1. Committees
      1. Unsecured Creditors’ Committee
      1. Other Committees
        1. Equity Holders’ Committee
        1. Bondholders’ Committee
        1. other
  2. Chapter 11 Other Required Parties
    1. The Railroad Case
      1. Chapter 11 Trustee
      1. Chapter 11 Trustee’s Attorney
      1. Chapter 11 Trustee’s Consultant(s)
    1. The Small Business Case Trustee
      1. Debtor is in Possession but there is a Trustee anyway? What does this quasi-Trustee do?
      1. Removal of Debtor from possession? What then?
    1. The Healthcare Ombudsman
      1. WHO is THIS?
      1. What does this person DO?
    1. The Consumer Ombudsman
      1. WHAT?

Statute References

[all links are to the United States Code at the Code site at uscode.house.gov  ].

Trustees

28 USC 589a: United States Trustee System Fund

 §  307 United States trustee

 §  321 Eligibility to serve as trustee

 §  322 Qualification of trustee

 §  323 Role and capacity of trusted

§  324 Removal of trustee or examiner

§  326 Limitations on Compensation of trustee

 §  330 Compensation of officers

Chapter 7 Cases

§  701 Interim trustee [in chapter 7 cases]

§ 702 Election of trustee

 §  703 Successor trustee

 §  721 Authorization to operate business

§  723 Rights of partnership trustee against general partners

 §  782 Selection of trustee [Clearing Bank Liquidation]

 §  783 Additional powers of trustee

Chapter 11 Cases

 §  1104 Appointment of Trustee or examiner

§ 1105 Termination of trustee’s appointment

§  1106 Duties of trustee and examiner

 §  1107 Rights, powers and duties of debtor in possession

 §  1108 Authorization to operate business

 §  1109 Right to.be heard

 §  1112(b)(1) [references to  §  1104(a) re appointment of examiner or trustee]

 §  1116 Duties of trustee or debtor in possession in small business cases

 §  1121(c)(1) Who may file a plan

Chapter 12 Cases

§  1202 Trustee [Chapter 12 cases]

Chapter 13 Cases

§  1302 Trustee [Chapter 13 cases]

Railroad Reorganizations

 §  1161 Inapplicability of other sections

 §  1163 Appointment of trustee

Subchapter V Small Business Debtor Reorganization

 §  1181 Inapplicability of other sections

(a) In General.—Sections 105(d), 1101(1), 1104, 1105, 1106, 1107, 1108, 1115, 1116, 1121, 1123(a)(8), 1123(c), 1127, 1129(a)(15), 1129(b), 1129(c), 1129(e), and 1141(d)(5) of this title do not apply in a case under this subchapter.

(b) Court Authority.—Unless the court for cause orders otherwise, paragraphs (1), (2), and (4) of section 1102(a) and sections 1102(b), 1103, and 1125 of this title do not apply in a case under this subchapter.

(c) Special Rule for Discharge.—If a plan is confirmed under section 1191(b) of this title, section 1141(d) of this title shall not apply, except as provided in section 1192 of this title.

§  1183 Trustee [SURPRISE! It’s REQUIRED in every case and it looks a lot like chapters 12 and 13]

Chapter 11 Committees

 §  1102 Creditor’s and equity security holders’ committees

§  1103 Powers and duties of committees

Ombudsman

 §  332 Consumer privacy ombudsman

            See 363(b)(1)(B) hearing requirement

(a) If a hearing is required under section 363(b)(1)(B), the court shall order the United States trustee to appoint, not later than 7 days before the commencement of the hearing, 1 disinterested person (other than the United States trustee) to serve as the consumer privacy ombudsman in the case and shall require that notice of such hearing be timely given to such ombudsman.

(b) The consumer privacy ombudsman may appear and be heard at such hearing and shall provide to the court information to assist the court in its consideration of the facts, circumstances, and conditions of the proposed sale or lease of personally identifiable information under section 363(b)(1)(B). Such information may include presentation of-

(1) the debtor’s privacy policy;

(2) the potential losses or gains of privacy to consumers if such sale or such lease is approved by the court;

(3) the potential costs or benefits to consumers if such sale or such lease is approved by the court; and

(4) the potential alternatives that would mitigate potential privacy losses or potential costs to consumers.

(c) A consumer privacy ombudsman shall not disclose any personally identifiable information obtained by the ombudsman under this title.

 §  333 Appointment of patient care ombudsman

            See definition of “health care business” at  §  101(27a)

                         §  101 (27A) The term “health care business”-

(A) means any public or private entity (without regard to whether that entity is organized for profit or not for profit) that is primarily engaged in offering to the general public facilities and services for-

(i) the diagnosis or treatment of injury, deformity, or disease; and

(ii) surgical, drug treatment, psychiatric, or obstetric care; and

(B) includes-

(i) any-

(I) general or specialized hospital;

(II) ancillary ambulatory, emergency, or surgical treatment facility;

(III) hospice;

(IV) home health agency; and

(V) other health care institution that is similar to an entity referred to in subclause (I), (II), (III), or (IV); and

(ii) any long-term care facility, including any-

(I) skilled nursing facility;

(II) intermediate care facility;

(III) assisted living facility;

(IV) home for the aged;

(V) domiciliary care facility; and

(VI) health care institution that is related to a facility referred to in subclause (I), (II), (III), (IV), or (V), if that institution is primarily engaged in offering room, board, laundry, or personal assistance with activities of daily living and incidentals to activities of daily living.

And the next page refers you to my favorite “free site” at the Cornell Law School’s Legal Information Institute. Great site; great resource; go and visit and donate/join.–rh

From Legal Information Institute (LII at Cornell Law School)

Bankruptcy Code on-line at LII:

  1. CHAPTER 1—GENERAL PROVISIONS (§§ 101 – 112)
  2. CHAPTER 3—CASE ADMINISTRATION (§§ 301 – 366)
  3. CHAPTER 5—CREDITORS, THE DEBTOR, AND THE ESTATE (§§ 501 – 562)
  4. CHAPTER 7—LIQUIDATION (§§ 701 – 784)
  5. CHAPTER 9—ADJUSTMENT OF DEBTS OF A MUNICIPALITY (§§ 901 – 946)
  6. CHAPTER 11—REORGANIZATION (§§ 1101 – 1195)
  7. CHAPTER 12—ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME (§§ 1201 – 1232)
  8. CHAPTER 13—ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME (§§ 1301 – 1330)
  9. CHAPTER 15—ANCILLARY AND OTHER CROSS-BORDER CASES (§§ 1501 – 1532)

CLICK HERE TO  SUPPORT THE LEGAL INFORMATION INSTITUTE

JUNE 2020 Meeting – Receivers in Bankruptcy

The monthly meeting for June,  2020 will be held on Tuesday,  June 23,  2020 as an ONLINE CONFERENCE.

Social* begins at 5:00 p.m., followed by an informative presentation at 5:30 p.m.

*(Comestibles and libations are the participant’s own responsibility)

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The presentation for June, 2020 will be RECEIVERS IN BANKRUPTCY, presented by Jennifer F. Wertz of Jackson Walker.

The invitation to the Zoom Conference is in the email sent to you, notifying you of this meeting.

CLE CREDIT will be provided to participants.  Following the session, please email your name and State Bar number to Trey White at treywhite@villawhite.com.

To prevent any zoom-bombing, Ms. Wertz will lock the meeting by 5:40 p.m.  Once the meeting is locked, no one will be able to get in, even with the password.  A recording of the session is anticipated, so that may be made available to anyone who can’t attend the meeting.  Upon  viewing the session, they can apply for CLE credit through the State Bar of Texas.

Jennifer Wertz Bio and Contact Information

MAY 2020 Meeting – Bankruptcy Appeals – Nuts & Bolts

The monthly meeting for May,  2020 will be held on Tuesday,  May 26,  2020 as an ONLINE CONFERENCE.

Social* begins at 5:00 p.m., followed by an informative presentation at 5:30 p.m.

*(Comestibles and libations are the participant’s own responsibility)

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The presentation for May, 2020 will be BANKRUPTCY APPEALS – NUTS & BOLTS, presented by Natalie Wilson of Langley & Banack.

By 3pm on May 26, 2020,  Please RSVP to:

nwilson@langleybanack.com, treywhite@villawhite.com
Subject: RSVP SABBA MAY 26, 2020

and they will send invitations to all responses.

Please RSVP so the managers can get a headcount of attendees before the session.  If necessary, you may simply register with the invitation that was included in the Email you received giving notice of this post.

CLE CREDIT will be provided to participants.  Please enter name & bar number in a private chat with host during the meeting.

To prevent any zoom-bombing, she will lock the meeting by 5:40.  Once the meeting is locked, no one will be able to get in, even with the password.  However, she will record the meeting and can send the video to anyone who can’t make the meeting and they can apply for CLE credit through the State Bar of Texas.

Coronavirus (Covid19) Meeting Cancellation and Update Page

Announcement:

Dear Valued SABBA Members,

Pursuant to the previously announced meeting schedule, there will be no meeting in April. Please expect an announcement in MAY concerning the meeting for that month. Wishing you the best in your practices, and please be safe.

SABBA OFFICERS

Natalie Wilson, President
Phone (210) 736-6600

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NOTICE REGARDING STANDING ORDER CONCERNING THE Coronavirus Aid, Relief, and Economic Security Act (CARES), Def. of Debtor, Debt limits.

The link to this Standing Order is at Standing Orders, with link to Order #20-06 (04-21-20), and other Standing Orders.

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Notice regarding the March, 2020 Meeting:

The SABBA Officers have been carefully monitoring the situation surrounding the novel Coronavirus (COVID-19) pandemic.  Due to the recent confirmation of a diagnosed travel-related case of COVID-19 in San Antonio and the declaration of a public health emergency by Mayor Nirenberg, the March 24, 2020 SABBA meeting has been cancelled.  We will reschedule the presentation on Bankruptcy Appeals for a later date.  The health and safety of our members, the legal community, and the community as a whole remain our primary focus.  SABBA will act in accordance with any action taken by our local and/or state governments to protect the health and safety of our community. We want to avoid creating an unnecessary risk of exposure leading to an increased possibility of community transmission.

 Please look out for emails containing updates. 

 Thank you all for your continued support of our organization.  We look forward to seeing you again soon.

Stay well,

SABBA Officers

Natalie Wilson, President
Phone (210) 736-6600

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Message re: Bench-Bar Conference:

Dear colleagues,

Notice regarding 2020 Bench-Bar Conference, rescheduling (published March 17, 2020), written by Heidi McLeod and Erin B. Shank

Postponement-Letter-to-Attendees-Bench-Bar-March-17-2020

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Notices regarding Meetings of Creditors set from now through April 10.

from:
Kevin M. Epstein
Acting Assistant U.S. Trustee – Corpus Christi
Trial Attorney – San Antonio
(210) 472-4620

Notice-re-341-Meeting-Continuances-7-12-and-13-March-16-2020

Notice-re-Conduct-of-Chapter-11-Meetings-March-16-2020

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Please refer back to this post for further updates and comments regarding the novel Coronavirus (COVID-19) pandemic in reference to SABBA, meetings and practice.

DB

2020 Bench Bar Conference, April 15-17

I have attached a copy of the brochure in case you want to sign up now for the conference. If you have any questions please let me know. Hope to see everyone there for some informative information and socializing.

Thank you,

Heidi McLeod
Heidi McLeod Law Office, PLLC
3355 Cherry Ridge, Ste. 214
San Antonio, TX 78230
(210) 853-0092
(210) 853-0129

Bankruptcy-Single-Page-Brochure-0120

Click arrow at bottom of pdf for pages, refresh to fully download.

FEBRUARY 2020 Meeting – “The Small Business Reorganization Act. “

The San Antonio Bankruptcy Bar monthly meeting for February,  2020 will be held on Tuesday,  February 25, 2020 at the San Antonio Country Club, at 4100 N. New Braunfels Ave., San Antonio, Texas.

Social begins at 5:00 p.m., followed by an informative presentation at 5:30 p.m. Please Join us, and “Laissez les bon temps rouler”.

Map to San Antonio Country Club.

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The program for February 2020 Meeting is: “The Small Business Reorganization Act. “

Presented by: Nancy Ratchford and Kevin Epstein.

Link to STANDING ORDER ADOPTING INTERIM BANKRUPTCY RULES
RELATING TO THE SMALL BUSINESS REORGANIZATION ACT OF 2019

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Photo credit

JANUARY 2020 Meeting – CHAPTER 7 TRUSTEES’ PANEL

The monthly meeting for January,  2020 will be held on Tuesday,  January 28,  2020 at the San Antonio Country Club, at 4100 N. New Braunfels Ave., San Antonio, Texas.

Social begins at 5:00 p.m., followed by an informative presentation at 5:30 p.m.

Map to San Antonio Country Club.

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The presentation for January, 2020 will be a Chapter 7 Trustees’ Panel.

Current Chapter 7 Trustees taking assignments in the San Antonio Division of the Western District of of Texas are:

John Patrick Lowe, Chapter 7 Panel Trustee
2402 East Main Street
Uvalde, Texas 78801
(830) 407-5115

Randolph N. Osherow, Chapter 7 Panel Trustee
342 West Woodlawn, Suite 100
San Antonio, Texas 78212
(210) 738-3001

Jose C. Rodriguez, Chapter 7 Panel Trustee
342 W. Woodlawn, #103
San Antonio, Texas 78212
(210) 738-8881

Johnny W. Thomas, Chapter 7 Panel Trustee
St. Paul Square
1153 East Commerce
San Antonio, Texas 78205
(210) 226-5888

Source: San Antonio Trustees

MonopolyCard2

SABBA 2019 Holiday Party – December 6, 2019

snowman

The San Antonio Bankruptcy Bar Association will meet in their annual affair to honor and thank the Bankruptcy Clerk’s office, and sip, sup, meet and greet members and guests,

on Friday evening, December 6, 2019, at 5:30 p.m. to 8:00 p.m.  at

Pat O’Brien’s, San Antonio,
at 121 Alamo Plaza,
San Antonio, TX.

For more info, contact:

Chance M McGhee
Attorney at Law
8207 Callaghan Rd., Suite 250
San Antonio TX 78230
(210) 342-3400
(210) 366-4791 FAX
cmcghee@chancemcgheelaw.com

 


October 2019 Meeting – Case law Update and more -by the Honorable Craig A. Gargotta, U.S. Bankruptcy Judge

 

The monthly meeting for October, 2019, will be held on Tuesday, October 22, 2019 at  the San Antonio Country Club, at 4100 N. New Braunfels Ave., San Antonio, Texas.

Social begins at 5:00 p.m., followed by an informative presentation at 5:30 p.m.

Map to San Antonio Country Club.

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The presentation this month will be a Case Law Update and also an overview of the recently passed bankruptcy laws  by the Honorable Craig A. Gargotta, U.S. Bankruptcy Judge.

[Update]: The Small Business Reorganization Act of 2019 dramatically alters the landscape for small business restructuring. Join the Honorable Craig A. Gargotta of the U.S. Bankruptcy Court for the Western District of Texas as he discusses the effect of the new Code provisions, its impact on clients, and the questions left unanswered by the Code. Please find attached the slides for the presentation Judge Gargotta will make on Tuesday evening. 

 

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Powerpoint: SBRA Presentation Final – J Gargotta, Oct 2019

Jpeg: SBRA Presentation Final – J Gargotta, Oct 2019

 

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Judge Gargotta

 

About Judge Gargotta – Information  from U.S. Bankruptcy Court, W.D. of Texas

 

 

 

Also, Crediting the assistance of:

Bobby Biedrzycki
Law Clerk to the Honorable Craig A. Gargotta
United States Bankruptcy Court for the Western District of Texas
Email: robert_biedrzycki@txwb.uscouts.gov
Phone: 210-472-5181