On Saturday, November 2, 2019, at 10:15 a.m. at the NCBJ Conference, a panel of experts will tackle all things concerning fee arrangements in consumer bankruptcy cases. More specifically, this panel will focus on the ethical pitfalls that consumer bankruptcy attorneys face when collecting fees for their work. Focusing on chapter 7, based on interviews with bankruptcy attorneys, panelists will discuss how consumer attorneys balance being compensated versus their clients’ lack of funds, how much time attorneys typically spend preparing cases, and important local rules. Focusing on chapter 13, panelists will discuss “no look” fees, “fee only” cases, requesting additional fees post-filing, and fee arrangements for appeals. Moving beyond more typical fee arrangements, panelists will further detail payment from secured party’s collateral, factoring receivables, and fee sharing. And, finally, panelists will examine ghostwriting and issues with pro se filings. We hope to see you there.

Post submitted by:

Professor Pamela Foohey
Indiana University

Have you ever had an interest in learning about the Highest Court in the Land, or about some of the obscure traditions practiced today in the sacred confines of the U.S. Supreme Court?  Have you ever wondered whether the amazing individuals who have achieved the lofty status of Justice are “real” people?  Well, this year the Annual Conference has a special treat.  Associate Justice Neil Gorsuch will participate in a fireside chat with a fellow citizen from Colorado, former NCBJ President, Michael Romero.  In what is anticipated to be a wide-ranging discussion, attendees will gain an appreciation for one of the Supreme Court’s newest members.  Justice Gorsuch has had a remarkable path to the Court and his insights are sure to be of interest to everyone.

This unique opportunity to see and hear from this special individual will occur on Friday, November 1, 2019, at 3:00 p.m.  We look forward to seeing all of you.

Post submitted by

The Honorable Michael E. Romero
United States Bankruptcy Judge
District of Colorado

In the past several months, we have seen an uptick in crypto-related insolvencies.  In May 2019, the hacked cryptocurrency exchange, Cryptopia, filed for bankrutpcy relief in the United States Bankruptcy Court for the Southern District of New York.  In April 2019, QuadrigaCX, a Canadian crypto exchange, filed for filed for bankruptcy in Halifax.  In November 2018, Giga Watt, a bitcoin mining firm, filed for chapter 11 relief in the Eastern District of Washington.  Mt Gox, a Japan based crypto exchange that filed for bankruptcy in 2014, continues to dominate headlines, with a potential class action lawsuit looming for its beleaguered CEO, and a big-money investor offering to buy back bitcoin claims.  Despite the number of crypto related companies filing papers with insolvency courts around the world, a recent report by INSOL International indicates that only 5% of insolvency practitioners have a “comprehensive or practical/working knowledge or understanding” of cryptocurrency.

Often times, the questions arising out of a crypto-related bankruptcy revolve around the value of bitcoin or other cryptocurrency, how to sleuth out those assets, and what recourse is available if those assets have been irretrievably lost—usually the precursor to many of these insolvency proceedings. However, while cryptocurrency is certainly how blockchain technology was first deployed, it is, by no means, its only utility. For example, in the organics food industry, retail giants like Walmart have employed blockchain technology to shore up their supply chains. If there is a need to identify precisely from where a SKU of organic lettuce was sourced, blockchain technology now affords Walmart the ability to do so in a matter of seconds instead of days.  Thus, while often discussed in connection with a cryptocurrency like bitcoin, blockchain technology in the bankruptcy context is not exclusively a conversation about a crytpo’s worth.

This year at the 2019 NCBJ Conference in Washington, D.C., the NCBJ and Next Generation 2019 is presenting an educational panel on all things blockchain. This CLE is designed to provide the basics of cryptocurrency and the technology underlying cryptocurrency.  Attendees will be equipped with the foundation for a “practical/working knowledge” of cryptocurrency, in order to understand the issues that typically arise in a bankruptcy or insolvency proceeding that involves cryptocurrencies. These include property of the estate issues, crypto as collateral, valuation, fraudulent transfers, and privacy concerns.  The CLE will also address the civil, criminal, and regulatory issues that attend both cryptocurrencies and blockchain. Finally, the CLE will also discuss how courts can and have utilized blockchain technology and what the future holds as courts and legislatures across the world grow more knowledgeable on a topic that still confounds many legal practitioners.

(Please note that this panel is on October 31st at 2:00 p.m., and is for the following invitees:  Next Generation Class of 2019, Next Gen Alumni, lawyers with 7 or less years of practice experience, and judges.)

Submitted by:
David W. Gaffey, Esq.
Whiteford, Taylor, Preston LLP
Falls Church, Virginia

Editor’s Note:

Mr. Gaffey is a partner at Whiteford, Taylor, Preston LLP in its Reorganizations & Bankruptcy Practice.

Did you know that the 2019 Conference will …

• Include 4 plenary panels, 10 concurrent panels, and 3 distinguished speakers, with 16 of those offerings potentially qualifying for continuing legal education credits
• Feature a Fireside Chat with Justice Neil Gorsuch
• Showcase keynote presentations from Mark Zandi (Chief Economist, Moody’s Analytics), and Christina Montgomery (Chief Privacy Officer, IBM)
• Provide experienced speakers from the bench, government, academia, and private practice (approximately 34 judges, 7 government lawyers, 10 academics, and 25 practitioners)
• Highlight cutting edge issues in both consumer and business bankruptcy cases
• Offer an educational track dedicated to all things consumer bankruptcy, with the majority of those panels presented on a single day.

Posted submitted by

The Honorable Michelle M. Harner
United States Bankruptcy Judge
District of Maryland

The National Conference of Bankruptcy Judges will again select NCBJ Blackshear Fellows to attend its 2019 Annual Meeting from October 30, 2019 to November 2, 2019 in Washington, D.C. The Blackshear Fellowship Program is named in honor of our colleague Judge Cornelius Blackshear (Ret. S.D.N.Y.), who distinguished himself by his renowned scholarship and development of bankruptcy jurisprudence throughout his career. The NCBJ National Bar Association/Blackshear Committee selects up to five minority attorneys to attend the NCBJ Annual Meeting each year. Blackshear Fellows receive a waiver of NCBJ registration fees and a grant to assist with travel and other expenses to attend the Annual Meeting.

NCBJ Blackshear Fellowship candidates must have two to ten years of experience practicing law and devote at least fifty percent of their practice to bankruptcy cases. In honor of Judge Blackshear, eligible candidates must also demonstrate legal excellence in the practice of bankruptcy law, display a serious commitment to principals of civility, ethics and professionalism and have a commitment to the continued educational development of bankruptcy professionals. The nomination period closed in July 2019 and the committee is currently reviewing applications to choose those who meet the qualification and demonstrate potential to distinguish themselves in future years as highly respected members of the bankruptcy or debt restructuring bar.

During the 2019 NCBJ Annual Meeting, the Blackshear Fellows, along with several judges and attorneys, will host a panel discussion and reception for local law students on the history and practice of bankruptcy law and the student loan debt crisis. This year’s panel discussion and reception will be held at Howard University School of Law. This yearly event encourages law students to consider bankruptcy as a practice area.

Post submitted by:

The Honorable Kathy A. Surratt-States
Chief Judge
U.S. Bankruptcy Court, Eastern District of Missouri

Do you want to work out but hate exercising?  Are you looking for a fun way to burn off all those calories you will be consuming at the Conference?  Do you love to dance or just wish you could?

If you answered yes to any of the above, you must check out the Zumba© classes!  We will be moving and grooving to all genres of music – from Salsa and Merengue to R&B and Pop to Rock & Roll and a li’l bit of Country. No prior dance experience? No problem. The routines will be fun and easy-to-follow.  Two left feet?  No problem.  You will balance out the folks with two right feet.

All fitness levels are welcome.

Bring a towel, a bottle of water and a kick-butt attitude!

Post submitted by:

The Honorable Erithe Smith
U.S. Bankruptcy Judge and Licensed Zumba© Instructor
Central District of California

Editor’s Note:

The Zumba© classes will be held from 6:30 am to 7:30 am on Wednesday and Friday, Oct 30 and Nov. 1 2019 (  in the Mezz-Tulip room) and on Sat Nov 2, 2019 (in the M4-Supreme Court room).

Happy 40th Birthday Bankruptcy Code! The first plenary session of the Annual Conference will be the Broken Bench Birthday Bash, a program that is bound to be as entertaining as it will be educational.

Please join Professor Tony Casey and Bankruptcy Judges Sheri Bluebond and Laura Grandy as they host a celebration that will highlight the most important events that have taken place over the Code’s forty fabulous years.  A star-studded cast, including a senator, a congresswoman, bankruptcy judges, leading lawyers, prominent academics, and even a special “animated” guest, will join the hosts to discuss milestones that the Code has passed along the way.

This program will cover it all: the early days (drafting and enactment of the Code); the growing pains (Northern Pipeline and the 1984 amendments); the Code’s days on the farm (chapter 12 and the 1986 amendments); some trouble that the Code got into after college (student loan crisis); what some might call a midlife crisis (BAPCPA); the Code’s ventures into the business world (evolution of chapter 11); the times when the Code made a national splash (landmark Supreme Court cases); and much, much more.

Take part in the celebration and come learn something new about the Bankruptcy Code at the Broken Bench Birthday Bash on Thursday, October 31, 2019 at 9:15 a.m.

Post submitted by

The Honorable Janet S. Baer
United States Bankruptcy Judge
Northern District of Illinois

It is hard to believe, but it is almost time for the 2019 Annual Conference in Washington, D.C. The NCBJ Education Committee has been working hard to put together a fantastic educational program. The program will celebrate the bankruptcy profession and over 40 years of practice under the Bankruptcy Code. The educational panels bring together experienced speakers from the bench, government, and private practice to discuss cutting edge issues impacting both consumer and business bankruptcy cases. The program also features three distinguished speakers, namely Justice Neil Gorsuch, Mark Zandi (Chief Economist, Moody’s Analytics), and Christina Montgomery (Chief Privacy Officer, IBM), as well as the ABLJ Symposium on the equitable powers of the bankruptcy court and a new Consumer Track, which is dedicated to all things consumer bankruptcy. There is something for everyone, and we hope to see you there.

Post submitted by:

The Honorable Michelle M. Harner
United States Bankruptcy Judge
District of Maryland