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Bankruptcy Trends & Predictions for 2022


  • City:
  • Start Date:2022-02-24 19:00:00
  • End Date:2025-02-24 19:00:00
  • Length:
  • Level:Intermediate
  • Topics:Bankruptcy

$249.00 ["ProPass"]

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Overview

Supply chain slowdowns. Labor shortages. Factory shutdowns. Expiring stimulus programs. Travel disruptions. Omicron.

Could this be the perfect storm for bankruptcies in 2022?

Despite the dip in 2021, experts predict that 2022 will bring about a new wave of consumer and commercial bankruptcies. Businesses and individuals that were “saved” by government support in 2020 and 2021 may struggle and succumb without the influx of stimulus dollars. 

Top bankruptcy attorneys provide updates and discuss trends and forecasts for the coming year. The panels include trustees and seasoned bankruptcy practitioners reporting on what they see in their practice every day and what their years of experience are telling them is on the horizon. 

Welcome & Introduction

Trends in Bankruptcy & Top Tips from the UST & Trustees

Updates on Automatic Stay Requirements Violations, Turnover Actions, & Police Powers

Getting Paid: Fee Issues in Bankruptcy

All attendees will receive the course book as a digital download. A printed copy of the course book is available, at a discount to attendees, for $40. Additional copies are available at full price. If you wish to purchase the printed version of the course book, please call PBI Customer Service at 800-932-4637. Please allow up to two weeks after the program for the printed versions of the course book to be shipped.

Recorded in February 2022.

Faculty

James Vandermark Esq.

Mr. Vandermark is a Partner with White and Williams LLP in Philadelphia and works in the firm’s Bankruptcy and Financial Restructuring Group. His practice primarily involves representation of clients involved in commercial bankruptcies, corporate restructuring, complex commercial litigation, and out-of-court workouts. Prior to joining White and Williams LLP, he was a Deputy City Solicitor with the City of Philadelphia Law Department and represented the City’s interests in bankruptcy cases as well as tax fraud and tax dispute litigation. Mr. Vandermark is a graduate of the University of Pittsburgh with a Bachelor of Science in Psychology and a Bachelor of Arts in Economics and Political Science. In addition, he received a J.D. and LL.M. in Taxation from Temple University. 

D. Troy Sellars Esq.

Mr. Sellars serves as the Assistant United States Trustee for the Middle District of Pennsylania.  Prior to his appointment as the AUST for the Middle District, Mr. Sellars served as a Trial Attorney for the United States Department of Justice – Office of the United States Trustee, in Harrisburg, Pennsylvania.  Whether as the AUST or a Trial Attorney, Mr. Sellars works to protect the integrity of the bankruptcy system through active litigation and oversight of cases and issues in Chapters 7, 11, 12, 13 and 15. Prior to joining the U.S. Trustee’s Office, Mr. Sellars clerked for a federal judge in Jacksonville, Florida, after graduating law school. Following that clerkship, Mr. Sellars joined the U.S. Department of Justice – Tax Division, where he served as a federal prosecutor and as counsel to the Deputy Assistant Attorney General for Criminal Tax Matters.  As a federal prosecutor, he tried complex tax and white collar crimes in U.S. District Courts throughout the United States.  As counsel to the DAAG, Mr. Sellars helped oversee and manage the operations of, and litigation conducted by, the Tax Division.  Mr. Sellars transferred from the Tax Division to the U.S. Trustee’s Office in January 2004, where he served until February 2009.  Mr. Sellars returned to the U.S. Trustee’s Office in August 2016. From Feburary 2009 to August 2016, Mr. Sellars worked in private practice in the Harrisburg area.  While in private practice, Mr. Sellars represented clients in various energy matters including negotiation of lease agreements, contractual issues, due diligence issues with respect to consumer protection law matters, litigation and settlement matters, and bankruptcy advice to utility providers. Additionally, he represented clients including banks, secured lenders and mortgage servicers in matters of creditors’ rights in state and bankruptcy courts.  Mr. Sellars has also represented various professionals before state administrative boards, conducted internal investigations for corporate clients and is a court certified mediator. Mr. Sellars has been a frequent lecturer at professional CLE events.  Additionally, Mr. Sellars served a three-year term on the Middle District Bankruptcy Bar Association’s Board of Directors. Mr. Sellars received his B.S. in finance with a minor in business law from the Pennsylvania State University in 1991.  He received his J.D. from Stetson University College of Law in 1996, graduating cum laude.  He was a member of Stetson’s nationally recognized National Trial Team, Moot Court Board and National Client Counseling Team.  Mr. Sellars is admitted to practice law in Pennsylvania, Florida and before various federal courts including the Supreme Court of the United States of America.

Elizabeth Rohrbaugh Esq.

Ms. Rohrbaugh is currently an Associate Attorney practicing primarily in the Bankruptcy Department at the CGA Law Firm. She has been with CGA for over eleven years, and while this is her eighteenth year in Bankruptcy law, most of those years were spent as a Paralegal in both Florida and Pennsylvania. Ms. Rohrbaugh earned her B.S. in Business Administration from Florida Gulf Coast University, then earned her J.D. from Widener Law Commonwealth in Harrisburg, PA, all while working full-time. As a Paralegal at the CGA law Firm, and still as an Attorney, Ms. Rohrbaugh works closely with Lawrence V. Young, Esq. and Brent C. Diefenderfer, Esq., two of this Commonwealth’s Certified Consumer Bankruptcy Specialists. Her primary focus is in Chapter 13 and Chapter 7 Consumer Bankruptcy, but she also assists clients in creditor representation, business law, and estate planning and administration. Ms. Rohrbaugh offers Pro Bono services frequently through MidPenn Legal Services and received the 2017 Pro Bono Award for Community Service. She is a member of the Pennsylvania and American Bar Associations, the York County Bar Association, the Middle District Bankruptcy Bar Association, the York Builders Association, and currently serves as the President of BNI Networking Group York II Chapter. 

Johanna Rehkamp Esq.

Ms. Rehkamp is a graduate of the University of Delaware where she majored in criminal justice and minored in political science and philosophy. She earned her Juris Doctor from the University of Pittsburgh School of Law in 2007. Ms. Rehkamp began her career as an associate attorney for the law firm of Turner & O’Connell, where she practiced in the areas of family law, bankruptcy, Social Security Disability benefits, estate planning and probate, real estate and municipal law. In 2015, She joined the law firm of Cunningham, Chernicoff & Warshawsky, P.C., where she continues to practice family law, bankruptcy, estate planning and probate and municipal law. Ms. Rehkamp is a member of the Pennsylvania Bar Association and Dauphin County Bar Association.

Pamela Thurmond Esq.

Ms. Elchert Thurmond is an Deputy City Solicitor in the Major Tax Unit of the City of Philadelphia (“the City”) Law Department. She joined the Law Department in September 2013, where she represents the City’s interests in consumer and commercial bankruptcy matters. In addition, Ms. Elchert Thurmond handles other business tax matters for the City. Prior to her employment at the Law Department, she was employed at the law firm of Kaufman, Coren & Ress, PC, where she represented individual and corporate clients in bankruptcy and commercial litigation matters. Ms. Elchert Thurmond also clerked for the Honorable Bruce I. Fox of the Bankruptcy Court for the Eastern District of Pennsylvania and received her Juris Doctorate and a Master’s Degree in Social Science Administration from Case Western Reserve University and a Bachelor of Arts from the University of Dayton. Ms. Elchert Thurmond is admitted to legal practice in Pennsylvania, New Jersey and Ohio as well as the Eastern and Middle Districts of Pennsylvania and the District of New Jersey.

Kenneth West Esq.

Kenneth E. West, Esquire is the Standing Chapter 13 Trustee for the Eastern District of Pennsylvania – Philadelphia Division. Mr. West was appointed by the United States Trustee effective October 1, 2021. He is responsible for administering all Chapter 13 bankruptcy cases filed in the Philadelphia Division of the Eastern District of Pennsylvania. Prior to this appointment, Mr. West was in private practice for 31 years, focusing on Chapter 13 and Chapter 7 bankruptcies at Douglass, West and Associates. Mr. West served as the managing partner, responsible for the firm’s overall business development, operations, partnership strategy and relationship management. The firm focused on negligence litigation, including automobile accidents and slip and falls, bankruptcy, wills and trusts, small business matters and real estate. During this time, Mr. West was named one of “Main Line Today’s Best Lawyers.” Additionally, for 13 years, Mr. West was an Assistant Public Defender in the Delaware County Court of Common Pleas in Media, Pennsylvania. Mr. West was assigned as a trial team member of the Public Defender’s Office to represent defendants within the Mental Health Division of the Delaware County Court system, serving indigent clients who had serious mental illness (SMI) diagnoses (schizophrenia, major mood disorder, psychoses NOS, borderline personality disorder) and those persons with co-occurring disorders (mental health and substance use disorder), which contributed to their criminal behavior. Since 2006, Ken has been a board member of “Community Backstop,” a local non-profit organization that focuses on meeting the needs and improving lifestyles for those in the local community who have found themselves in overwhelming situations. While his three children were in grade school and high school, Mr. West coached soccer, basketball, and volleyball at St. Mary Magdalen and instructed a course to honors students on mock trial. Mr. West received his Bachelor of Science in Finance from Penn State University and Juris Doctor from Villanova University. He remains active in the Delaware County community.

Jack Zaharopoulos Esq.

Jack is the Standing Chapter 13 Trustee for the Middle District of Pennsylvania.  He received his undergraduate degree from the University of Wisconsin – Milwaukee and his J.D. from Marquette University Law School.  Prior to having been appointed as Trustee, Jack worked in private practice in Chicago, Illinois and, previously, as a staff attorney for the Chapter 13 Trustee in Milwaukee, Wisconsin for almost a decade.  He is licensed to practice law in Wisconsin, Illinois and Pennsylvania.  Jack is a member of the National Association of Chapter 13 Trustees (NACTT), a board member of the Attorney Advisory Committee for the Bankruptcy Court for the Middle District of Pennsylvania and a director of the Middle District Bankruptcy Bar Association (MDBBA).  He is a speaker for the MDBBA, Pennsylvania Bar Institute (PBI) and Federal Bar Association (FBA).  Most recently, he has co-authored Reports and Reflections from Chapter 13 Standing Trustees in 2022 Regarding the Effects of the COVID-19 Pandemic on Their Courts and Their Responses to It, Norton Journal of Bankruptcy Law and Practice  31 No. 1 J. Bankr. L. & Prac. NL Art. 2.  In his free time, Jack enjoys outdoor activities like skiing and running, and exploring the East Coast.

Andrew Spivack Esq.

Andrew L. Spivack is
a partner at Brock and Scott, PLLC in which he manages their Pennsylvania,
New Jersey and Maryland Bankruptcy Departments.  Andrew is on the
Lawyers Advisory Committee for the District of New Jersey Bankruptcy Court,
Co-Chair NACTT Loss Mitigation Sub-Committee, member of the Consumer Practice
Sub Committee for the Association of the Federal Bar of New Jersey, prior
member of the Local Rules Committee for the Eastern District of Pennsylvania
Bankruptcy Court, past Chair of the Eastern District of Pennsylvania
Bankruptcy Conference “EDPABC” (2016); and prior committee member for the
Pennsylvania Bankruptcy Institute (PBI).  Andrew is a frequent
lecturer for both EDPABC, as well as PBI, National Association of Chapter 13
Trustee Conference (NACTT) and American Legal & Financial Network
(ALFN).  Andrew is admitted in the United States District Court of
the Eastern, Middle, and Western Districts of Pennsylvania, New Jersey
District Court, and U.S. District Court for the District of
Maryland.  Andrew is also admitted to the United States Court of
Appeals for the Third Circuit and the Supreme Court of the United States.
Andrew has litigated several issues in the Third Circuit on behalf of his
clients. Andrew received a triple degree from the Pennsylvania State
University in 1995 in Finance, Accounting, and International Business, with
minors in Religious Studies and Middle Eastern Studies.  He received
his Juris Doctorate in 1999 from Widener University School of Law (n/k/a
Delaware Law School), and his L.LM. in Taxation in 2000 from Villanova
University School of Law.  Prior to working for Brock &
Scott, Andrew was a partner at Phelan Hallinan Diamond & Jones and a
Deputy Attorney General in the Treasury Section of the New Jersey Attorney
General’s Office Division of Law and Public Safety practicing in the arrears
of Corporate and Individual tax, Creditor’s Rights and collection
issues.  Andrew is a fourth-degree black belt in Shotokan Karate and
teaches a kids’ class three days a week.  

Kara Gendron Esq.

Kara Gendron is co-owner of Mott & Gendron Law, located in Harrisburg, Pa.  In her spare time, she loves to explore nature – especially if it involves snorkeling – and hanging out with her four kids at Hershey Park or various sporting events.   Kara has been practicing bankruptcy law exclusively since 2001 and taught bankruptcy law at Widener Law School for several years.  She is board certified in Consumer Bankruptcy Law and a certified bankruptcy court mediator.  In addition to her private bankruptcy law practice, she is a Chapter 7 Trustee and a Chapter 12 Trustee.  Kara is a Board Member of the National Association of Consumer Bankruptcy Attorneys (NACBA) and serves as NACBA’s Chair for the Circuit Leader Committee and this year’s planning committee for the annual Convention in Colorado Springs.  She is the Membership Relations Director for the American Bankruptcy Institute’s (ABI) Consumer Bankruptcy Committee and is an Advisory Board Member for ABI’s Consumer Practice Extravaganza (CPEX).  She is a Director for American Board of Certification (ABC), a Board member of the Middle District Bankruptcy Bar Association (MDBBA), an Advisory Board Member for the Middle District of Pennsylvania Bankruptcy Court, and an Advisory Board Member for the American Bankruptcy Law Journal Advisory Board (ABLJ), which is published by the National Conference of Bankruptcy Judges (NCBJ).

Matthew Kaslow Esq.

Matthew Kaslow concentrates his practice on corporate finance, restructuring, and bankruptcy matters, and related litigation for Blank Rome. He represents secured and unsecured creditors, creditors’ committees, liquidating trustees, and Chapter 11 debtors. He prosecutes and defends avoidance actions in large Chapter 11 cases and represents plaintiffs and defendants in commercial litigation in state and federal court. Prior to joining Blank Rome, Matt served as a law clerk to the Honorable Ashely M. Chan of the U.S. Bankruptcy Court of the Eastern District of Pennsylvania, legal intern for the Pennsylvania Department of Environmental Protection, compliance extern for Endo International, law clerk for the United States Environmental Protection Agency, and judicial intern for the Honorable Mitchell S. Goldberg of the Eastern District of Pennsylvania. During law school, Matt served as a symposium, note, and comment editor of the Temple Law Review, served as a research assistant, and was a member of the Rubin Public Interest Law Honor Society. Matt serves on the Executive Committee for the Eastern District of Pennsylvania Bankruptcy Conference as Treasurer and was a Commercial Problem Chair for the Conference’s 2019 Annual Forum,  Education Chair for the Conference’s 2022 Annual Forum, and Secretary for the Conference’s 2023 Annual Form. He presented at the 2022 Annual Forum’s program Ethics in Bankruptcy: Conflicts, Disinterestedness, and Representations to the Court. Matt also presented at the Pennsylvania Bar Institute’s 2019 Bankruptcy Institute, 2020 Bankruptcy in a Pandemic: What You Need to Know “Shark Tank”, and Bankruptcy Trends & Predictions for 2022: Updates on Automatic Stay Requirements Violations, Turnover Actions, & Police Powers programs. Matt is a member of the American Bankruptcy Institute and co-authored materials for its virtual Insol 2020 Conference “Views from the Bench: Mass Torts” program. He also co-authored an article published in the July 2021 ABI Journal titled “Fundamental Procedural Fairness: The Sine Qua Non for the Enforcement of Third-Party Releases Authorized in a Foreign Proceeding” and an article published in the June 2018 edition of Pratt’s Journal of Bankruptcy Law titled “New York Bankruptcy Courts Grapple with Territorial Limits of U.S. Bankruptcy Code.” He is a graduate of Temple University Beasley School of Law, JD, magna cum laude, Order of the Coif and The Pennsylvania State University, Schreyer Honors College, BS, with distinction. He is admitted to practice in Pennsylvania and New Jersey and before the US District Courts of the Eastern District of Pennsylvania, New Jersey, Western District of Pennsylvania and Colorado. 


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