Consumer Bankruptcy Committee

ABI Committee News

ABI’s Atlanta Consumer Bankruptcy Skills Training - Part II

Members of the committee The second part of the 2009 Atlanta Consumer Bankruptcy Skills Training was held on June 4 at the State Bar of Georgia headquarters in Atlanta.  The ABI collaborated with the Bankruptcy Section of the Atlanta Bar Association and the Metro-Atlanta Consumer Bankruptcy Attorneys Group to present the program.  This year’s educational lineup was developed to provide attendees with an interactive learning experience led by a faculty of prominent bankruptcy judges as well as experienced practitioners.  
 
The writing skills portion of the program included three sessions that explained important fundamentals of writing clearly.  Panelists for two of the three sessions decided to combine their expertise and present together.  The first, “Preparation, Strategy and General Principles,” provided guidance in thinking about the writing process and gave tips on writing more clearly, careful proofreading and ensuring logic and accuracy. The session on “Writing Principles Demonstrated in Common Consumer Bankruptcy Pleadings” offered ten tips for success in writing consumer bankruptcy pleadings.  Hon. James E. Massey of the U.S. Bankruptcy Court (N.D. Ga.) in Atlanta and Hon. C. Ray Mullins of the U.S. Bankruptcy Court (N.D. Ga.) in Atlanta were the lead panelists for the first session. Beth Anne Harrill and Karen D. Visser, both career law clerks for Judges Paul Bonapfel and Homer Drake, respectively, of the U.S. Bankruptcy Court (N.D. Ga.) in Atlanta and Newnan, Ga. were the lead panelists for the second session.  Please click the link below to view the materials from both parts of the session.

Preparation, Strategy and General Principles

Writing Principles Demonstrated in Common Consumer Bankruptcy Pleadings

The third writing skills session, “How to Write a Brief or Memorandum of Law,” took attendees step by step through the brief-writing process and taught how to effectively and succinctly argue one’s case.  Ezra H. Cohen of Troutman Sanders LLP in Atlanta presented.  Please click the link below to view Mr. Cohen’s paper.

How to Write a Brief of Memorandum of Law

Panelists in the session “Oral Skills and Persuasion Techniques” gave practical advice about how to speak in court persuasively and feel comfortable while doing so.  R. Scott Williams of Haskell Slaughter Young & Rediker, LLP in Birmingham, Ala. and Mark M. Maloney of King & Spalding LLP in Atlanta presented.  Please click the link below to view the materials.

Oral Skills and Persuasion Techniques

Panelists in the session “Negotiation/Out-of-Courtroom Skills and Techniques” discussed guidelines for negotiating settlements, types of cases that are typically settled and the procedures and purposes of mediation.  Panelists included Hon. Mary Grace Diehl of the U.S. Bankruptcy Court (N.D. Ga.) in Atlanta, Neil C. Gordon of Arnall Golden Gregory LLP in Atlanta and O. Byron Meredith, III, a chapter 13 trustee from Savannah, Ga.  Please click the link below to view the materials.

Negotiation/Out-of-Courtroom Skills and Techniques

The session “Professionalism in Oral and Written Advocacy, Including with Unrepresented Parties” presented attendees with a range of hypothetical situations and provided applicable rules to use as guidelines.  David N. Lefkowitz of The Lefkowitz Firm, LLC in Atlanta led the session.  Please click the link below to view the materials.

Professionalism in Oral and Written Advocacy, Including Unrepresented Parties

Panelists in the “Creditor Representation Breakout” session discussed new trustee procedures concerning section 341 meetings, specifics about properly filing a proof of claim and new guidelines for mortgage claims.  The panelists also focused on important considerations when filing a proof of claim including submission of supporting documentation, filing for the proper amount and the “Anti-Ride Through” option.  Panelists included Ronald A. Levine of Levine, Block & Strickland LLP in Atlanta, Whitney Warnke Groff of McCalla Raymer, LLC in Roswell, Ga. and Eric W. Roach from the Office of Nancy J. Whaley, Standing Chapter 13 Trustee in Atlanta.  Please click below to view the materials.   

Creditor Representation Breakout

Panelists in the “Debtor Representation Breakout” session discussed forms useful to any consumer debtor practice.  The materials included forms explaining basic information about a client’s chapter 13 filing, checklists of necessary documents and information, questions that might be asked at the 341 hearing and helpful websites.  Panelists included Richard H. Thomson of Clark & Washington, PC in Atlanta, Robert O. Colliersmith of Colliersmith & Associates PC in Marietta, Ga. and Melissa Herman of Herman & Russo P.C. in Atlanta.  Please click the link below to view the materials.

Debtor Representation Breakout