Category Archives: Uncategorized

Tribute to Nancy Ratchford (on Retirement)

Message forwarded by Ms. Natalie Wilson:

After more than 32 years of public service, 28 of which were spent with the United States Trustee Program, Nancy Ratchford will start her well-deserved retirement at the end of January 2021. We are grateful to Nancy for her dedication to ensuring the integrity of the bankruptcy process, as well as her sharp legal analysis, professionalism, and reliable willingness to educate the bar on important and evolving issues. On behalf of the San Antonio Bankruptcy Bar Association, I send Nancy our sincere thanks and best wishes for a pleasant retirement.

To fill the vacancy left by Nancy’s departure, a Job Opportunity Announcement to fill the position of AUST, Region 7, San Antonio, TX, has been posted and is open through 11:59 p.m. on 3 February 2021.

Interested personnel can view the announcement and application procedures by clicking on Job Announcement. If your browser does not support clicking on the hyperlink, simply copy this hyperlink and paste into your browser: https://www.justice.gov/legal-careers/job/assistant-united-states-trustee-aust-22

Thank you!!!

Natalie Wilson, President

Natalie Wilson, CIPP/US
Shareholder
Langley & Banack, Incorporated
Attorneys and Counselors at Law
745 East Mulberry Avenue | Suite 700
San Antonio, TX 78212
Phone  (210) 736-6600
Fax  (210) 735-6889

Kevin Epstein, Appointment as Region 7 U.S. Trustee

Message forwarded by Ms. Natalie Wilson:

The San Antonio Bankruptcy Bar Association wishes to congratulate Kevin Epstein on his appointment as the US Trustee for Region 7.  He has been a valued member of our Bar Association for many years, including his tenure as President in 2018 and his numerous contributions to our CLE programs.  We wish Mr. Epstein the best in this exciting new chapter of his career.

Notice Attached Below.

Thank you!!!

Natalie Wilson, President

Natalie Wilson, CIPP/US
Shareholder
Langley & Banack, Incorporated
Attorneys and Counselors at Law
745 East Mulberry Avenue | Suite 700
San Antonio, TX 78212
Phone  (210) 736-6600
Fax  (210) 735-6889

Message about Attorney Fee Study

Message forwarded by Mr. Joseph Shulter:


Hope you are all fine and prospering.

Please be aware of Survey website www.AttorneyFeeStudy.com.

Free copy of the most recent published Consumer Law Survey Report (578 pages) and/or Consumer Bankruptcy Law Survey Report (279 pages).

This is the 21st year of doing the survey work and it has been used by state and federal Courts and government agencies nationwide in awarding more than thirty million dollars of attorney fees in consumer law cases and disputes all over the country. The published Reports contain detailed city and state law practice data, but there still has never been any charge for the Reports that are generously posted online with NACA, NACBA, NCLC, and on the survey web site.

As always, the survey does not obtain any personal information or source at all, there is no charge to participate and no charge for obtaining the published survey results.

Thanks in advance, stay safe, and best regards,

Ronald L Burdge
Burdge Law Office Co LPA
Dayton, Ohio

SABBA 2020 Holiday Party – Unfortunately, Cancelled or Reset

 

The San Antonio Bankruptcy Bar Association will NOT meet in their annual affair to honor and thank the Bankruptcy Clerk’s office this December.

The SABBA Officers and Board have determined that the Holiday Party for December,  2020, is cancelled due to Covid-19 health and transmission concerns.  There are options to reset for a late winter, early spring event, possibly outside. It could still be catered and a fun event, and that will  be discussed later.

Let this be our Thanks to the Bankruptcy Clerk’s Office, till then, and Happy and Safe Holidays to all!

Natalie Wilson, President
and Officers and Board, SABBA

2020 ….

 

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Credit image: pixy.com

Job Opportunities with the U.S. Trustee Offices

From Nancy Ratchford, Assistant U.S. Trustee:

There are a several job openings with various U.S. Trustee offices in Texas.  The links with the information on the jobs are below.  The closing date is 10/9/2020. 

Assistant U.S. Trustee, Austin, TX:  A Job Opportunity Announcement to fill the position of AUST, Region 7, Austin, TX, has been posted and is open through 11:59 p.m. on 9 October 2020.  View the announcement and application procedures by clicking on: https://www.justice.gov/legal-careers/job/assistant-united-states-trustee-aust-20.  If your browser does not support clicking on the hyperlink, simply copy the hyperlink and past into your browser.

Trial Attorney, Austin, TX: A Job Opportunity Announcement to fill the position of Trial Attorney, Region 7, Austin, TX, has been posted and is open through 11:59 p.m. on 9 October 2020. View the announcement and application procedures by clicking on https://www.justice.gov/legal-careers/job/trial-attorney-458.  If your browser does not support clicking on the hyperlink, simply copy the hyperlink and past into your browser.

Assistant U.S. Trustee, Houston TX:   A Job Opportunity Announcement to fill the position of AUST, Region 7, Houston, TX, has been posted and is open through 11:59 p.m. on 9 October 2020. View the announcement and application procedures by clicking on:  https://www.justice.gov/legal-careers/job/assistant-united-states-trustee-aust-19.  If your browser does not support clicking on the hyperlink, simply copy the hyperlink and past into your browser.

Trial Attorney, Corpus Christi, TX:  .  A Job Opportunity Announcement to fill the position of Trial Attorney, Region 7, Corpus Christi, TX, has been posted and is open through 11:59 p.m. on 9 October 2020. View the announcement and application procedures by clicking on: https://www.justice.gov/legal-careers/job/trial-attorney-459.  If your browser does not support clicking on the hyperlink, simply copy the hyperlink and past into your browser.

Nancy Ratchford
Assistant U.S. Trustee
Office of the U.S. Trustee
615 E. Houston Street Rm. 533
San Antonio, TX 78205
210-472-4647 (direct)
210-472-4649 (fax)

September, 2020 Meeting – The CARES Act and the Status of Chapter 13. – Ms. Mary Viegelahn, Chapter 13 Trustee

The monthly meeting for September,  2020 will be held on Tuesday,  September 29*,  2020 as an ONLINE CONFERENCE.  *(Yes! This is a one-time resetting of the meeting, to be held on the 5th Tuesday, rather than the 4th Tuesday.)

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 September, 2020 will be “The CARES Act, and the Status of Chapter 13”,  presented by  Ms. Mary Viegelahn, Chapter 13 Trustee.

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, the Zoom administrator 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.

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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)

*****************

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