BAPCPA has a significant impact on liens on autos and personal
property in chapters 7 and 13. At first glance, it may seem that the new
law provides significant leverage to creditors with liens on such
property. However, as is true for many aspects of BAPCPA, a closer look
reveals that the new provisions are either inadequately drafted or
actually suggest a contrary reading. Indeed, questions on residual
issues such as "ride-through" are still not fully answered, and new
questions on topics such as valuation, interest rates and adequate
protection payments are now in play. This panel of experts will guide
you through the actual text and reported opinions in this complex
Hon. Susan V. Kelley is a U.S.
Bankruptcy Judge in the Eastern District of Wisconsin in Milwaukee. Prior to her appointment, she was a partner in the
Madison, Wis. office of Michael, Best & Friedrich and also practiced
with the Madison law firms of Lee, Kilkelly, Paulson & Younger and
Murphy & Desmond, and the Baltimore firm of Weinberg and Green.
While a practitioner, she earned a certification as a business
bankruptcy specialist from the American Board of Certification. Judge
Kelley is active in the State Bar of Wisconsin, having served as chair
of the Bankruptcy Insolvency and Creditors' Rights Section for four
years, and is a former member of the board of governors, including the
Executive Committee of the board of governors. She also co-chaired the
Gender Equity Committee of the State Bar and is a member of the
Convention and Entertainment Committee of the State Bar of Wisconsin.
Judge Kelley edited ABI’s Seventh Circuit Bankruptcy Case Updates and
authored the debtor-creditor law chapter of the Annual Survey of
Wisconsin Law for 10 years. She received her J.D. from the Columbus
School of Law at the Catholic University of America in Washington, D.C.
and her B.A. from Marquette University.
James M. Philbrick is the
president of Law Offices of James M. Philbrick, P.C. in Mundelein, Ill.,
where his practice is concentrated in creditors' rights and bankruptcy.
He was admitted to the Illinois Bar and the U.S. District Court for the
Northern District of Illinois in 1998. He is also admitted to the U.S.
District Court for the Central and Southern Districts of Illinois. Mr.
Philbrick is a member of ABI, the American Bar Association, the
Chicago Bar Association and the Illinois State Bar Association. He
received his B.A. from Concordia College in Moorhead, Minn., in 1994,
and his J.D. from DePaul University College of Law in 1997.
Grant F. Shipley is the owner of
Shipley & Associates, Attorneys at Law in Fort Wayne, Ind. He
is a former chair of the Indiana State Bar Association’s
Bankruptcy & Creditors' Rights Section and former chair of the Allen
County (Ind.) Bar Association’s Bankruptcy & Creditors' Rights
Section. Mr. Shipley has lectured on bankruptcy and creditors' rights
topics for the Indiana Continuing Legal Education Forum, the Indiana
State Bar Association and the Allen County (Ind.) Bar Association. He is
a member of the standing committee on practice & procedure of the
U.S. Bankruptcy Court for the Northern District of Indiana. Mr. Shipley
received his A.B. from Brown University and his J.D. from Indiana
University School of Law, Bloomington.