Indiana Continuing Legal Education Forum – ICLEF

A Unique Retreat for Newer Practitioners and Those That Drive in the Small Practice Lane

“Reality CLE”, May 1st & 2nd, is an expansive program that immerses participants in topics that focus on the “real” aspects of running a successful law practice. This will include both group plenary sessions on key practice-related business matters as well as a variety of workshop sessions featuring a mix of specific legal subjects and efficiency skills. Pick and choose the sessions that are right for you in order to customize the program to best suit your practice needs. As a bonus, you will receive all program materials, even from those workshop sessions that you don’t attend! Up to 14 CLE credits and up to 2 Ethics credits are available.

The two-day program will rotate between discussions focused on “The Business of Practice” and customizable Breakout Sessions.

“The Business of Practice” Topics:

• Form of Practice
• Location of Practice
• Forming Relationships with Other Offices
• Sharing Space
• Payment Plans
• Surrogacy Requirement
• Key Ethical Matters (including Malpractice Avoidance)
• Seven Types of Insurance to Consider
• Hiring & Staffing
• Getting Clients & Staying within the Advertising Rules

Breakout Sessions I & II: - Select 1 for each session

• Family Law
• Talking Technology: Equipment, E-Storage, Remote Access & Security
• Landlord Tenant Matters

Breakout Sessions III & IV: - Select 1 for each session

• Estate & Probate Practice
• Tax Planning for Your Law Practice
• Consumer Bankruptcy

Breakout Sessions V & VI: - Select 1 for each session

• Criminal Law
• When to Pull the Plug: How to Fire a Client
• Mortgage Foreclosures

To see a full Agenda & Faculty list, Click Here.

FACULTY:

• Richard A. Mann, Chair, Richard A. Mann, P.C., Indianapolis, IN
• Greg Aldridge, Aldridge Insurance, Inc., South Bend, IN
• James J. Bell, Partner, Bingham Greenebaum Doll LLP, Indianapolis, IN
• Susan C. Bradford, CPA, Principal, Somerset CPAs, P.C., Indianapolis, IN
• David D. Deeter, Associate, Dale & Eke, P.C., Indianapolis, IN
• Daniel D. Dickerson, CPA, Principal,  Somerset CPAs, P.C., Indianapolis, IN
• Christine M. Douglas, Riley Bennett & Egloff, LLP,Indianapolis, IN
• Larry W. Dykes, CLU, ChFC, AAMS, Principal, SkyView Partners, Inc., Fishers, IN
• Michael J. Feiwell, Partner, Feiwell & Hannoy, P.C., Indianapolis, IN
• Mark A. Foster, Partner, Foster O’Daniel Hambidge & Lynch LLP, Evansville, IN
• Lisa M. Joachim, Attorney at Law, Richard A. Mann, P.C., Indianapolis, IN
• Elizabeth A. Justice, Attorney At Law, Crawfordsville, IN
• Charles M. Kidd, Deputy Executive Director, Indiana Supreme Court Disciplinary Commission, Indianapolis, IN
• Sally J. O’Connor, Bankruptcy Law Office of Mark S. Zuckerberg, P.C., Indianapolis, IN
• Jon R. Pactor, Member, Jon R. Pactor, Indianapolis, IN
• Maureen T. Sage, CPA, Senior Manager, Somerset CPAs, P.C., Indianapolis, IN
• Frederick W. Schultz, Partner, Greene & Schultz Trial Lawyers, Bloomington, IN
• Reid F. Trautz, Owner, Firm Resolutions, Annandale, VA
• Paul J. Unger, Esq., Attorney at Law, Affinity Consulting Group, LLC, Columbus, OH
• Mark S. Zuckerberg, Owner, Bankruptcy Law Office of Mark S. Zuckerberg, P.C., Indianapolis, IN

Take a break from the rush, and join us this spring! Special discounted overnight room rates are available for you at the Sheraton Indy Hotel at Keystone Crossing. Be sure to allow time for the reception immediately following day 1, sponsored in part by the Indiana Bar Foundation. Lunch is provided on the first day thanks to Computer Experts: IT Services for Small Law Firms.

The Inaugural Reality CLE- 14 CLE / 2 E
A Unique Retreat for Newer Practitioners and Those That Drive in the Small Practice Lane

LIVE IN-PERSON ONLY! - May 1 & 2, 2013
Sheraton Indianapolis Hotel at Keystone Crossing
8787 Keystone Crossing, Indianapolis, IN 46240

The Sheraton Indianapolis Hotel at Keystone Crossing is offering ICLEF attendees special discounted accomododations; $109 Single or Double Rate in Deluxe Rooms, $139 Single or $159 Double in Club Level Rooms. Triple or Quad rates are available as well. To make reservations, please call 1-888-627-7814 and mention that you are attending this ICLEF program. The cut-off date for reserving rooms at the discounted rate is 5:00 P.M. on April 5, 2013. After this date, reservations will be accepted on a rate and space availability basis.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

This years Master’s Series Conference has come to a conclusion. Thanks to all of those who participated and a special thanks to this years faculty. Another job well done. Keep an eye out in the next couple of days for pictures from this years conference.

This years Master’s Series Summer Conference will be held Thursday, July 19th through Saturday, July 21st, 2012, at the beautiful French Lick Springs Resort & Casino & West Baden Springs Resort, in French Lick, Indiana. Attendance will be limited so register soon!

Six of ICLEF’s Master’s Series programs will meet concurrently Friday and Saturday, July 20-21 while also allowing for time to enjoy fellowship and all there is to see and do at the French Lick Springs Resort & Casino as well as the remarkable setting of the neighboring West Baden Springs Resort.

Advanced Level Seminars at This Years Conference:
ICLEF is pleased to present advanced-level seminars, known collectively as The Master’s Series, for those practitioners who require a distinct level of continuing legal education in their respective fields. Trademarks of The Master’s Series include a low faculty-to-attendee ratio, seating arrangements that facilitate interaction, and topics designed to make you think, while providing you with answers to the tough questions and difficult situations you may encounter in your practice.

• PTI: Ethics – 3 CLE / 3 E 

• Advanced Civil Mediation Roundtable - 6 CLE / 6 CME / 1 E 

• Advanced Appellate Practice - 6 CLE 

• Advanced Individual Bankruptcy Ch. 7, 11, 13 - 6 CLE / 1 E  

• Advanced Family Law – 6 CLE / .5 E

• Advanced Environmental Law – 6 CLE 

• Advanced Corporate Counsel – 6 CLE / 1 E 

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Schedule of Events

Thursday, July 19, 2012
10:00 A.M.     ICLEF Board of Directors Meeting
                           - West Baden Room, West Baden Springs
12:00 P.M.     ICLEF Master’s Series Conference Registration Open
                          – Level 2 Conference Facility Area
1:50 P.M.        Welcome & Introduction
                           - Mark W. McNeely, Master’s Series Conference Chairperson Windsor Ballrooms
                           - Level 2 Conference Facility Area
2:00 P.M.       PTI: Ethics!
                          – James J. Bell, Program Chair
                          – Windsor Ballrooms
3:30 P.M.       Program Break
3:45 P.M.       Plenary Session continues
5:15 P.M.       Adjourn for the Day

5:30 P.M. – 7:30 P.M.
Hosted Reception for all faculty, attendees and guests
- Level 1 Conference Center Foyer / Terrace Area

Friday, July 20, 2012
7:30 A.M.      ICLEF Master’s Series Conference Registration Open
                         - Level 1 Conference Facility Area
7:45 A.M.      Continental Breakfast for Faculty & Attendees
                         - Level 1 Conference Center Foyer
9:00 A.M.     Begin Part One of the 2012 Master’s Series Conference
                         - Level 1 Conference Center
                        (Program start and break times will vary by individual seminar agenda)
12:15 P.M.    Adjourn for the Day

2:00 P.M. – 5:00 P.M.
ICLEF Private Slot Tournament –
- Entertainment Lounge, French Lick Casino

6:30 P.M. – 7:15 P.M.
Indiana Bar Foundation Fellows Reception
- Windsor Ballroom Foyer

7:30 P.M. – 9:00 P.M.
Indiana Bar Foundation Annual Fellows Dinner
- Windsor Ballroom
Fellows of the Indiana Bar Foundation are invited to celebrate with their the newest class of entrants to this elite society. Enjoythis special annual event with Keynote Speaker, Joseph H. Hogsett, U.S. Attorney for the Southern District of Indiana, as well as dinner, cocktails and networking with your peers. For more information regarding the Fellows Dinner or the Indiana Bar Foundation visit www.inbf.org. 

Saturday, July 21, 2012
7:30 A.M.      ICLEF Master’s Series Conference Registration Open
                         - Level 1 Conference Facility Area
7:45 A.M.      Continental Breakfast for Faculty & Attendees
                         - Level 1 Conference Center Foyer Program start and break times will
                            vary by individual seminar agenda

9:00 A.M.     Begin Part Two of the Master’s Series Conference
                         - Level 1 Conference Center
12:15 P.M.    Conference Adjourns

______________________________________________________________________

ICLEF Slot Tournament
Friday, July 20, 2012 •  2:00 P.M.– 5:00 P.M.
- Entertainment Lounge, French Lick Casino

Reigning Tournament Slot Queen
Mary Lou Connolly, Connolly Law Office, Plymouth, IN

______________________________________________________________________

French Lick Springs Resort & Casino
Spend some time exploring all there is to do and see at French Lick Springs Resort & Casino and neighboring West Baden Springs Resort. Concierge service will be provided by FLSR and available throughout the day at the ICLEF registration desk to assist you in making tee times, spa or dinner reservations, and to assist you with the many other activities and features of the beautiful and historic French Lick Springs Resort!  For a complete list of activities at the resort, please go to the resort’s website at www.FrenchLick.com 

Very special room rates have been made available for ICLEF Master’s Series Conference Attendees. Hotel reservations can be made online at www.FrenchLick.com or by calling 812-936-9300.

Enjoy a Round of Golf!
It is recommended that reservations for the French Lick Resort Golf Courses be made prior to your arrival. As special guests of ICLEF, conference attendees may reserve tee times at either the nationally recognized Pete Dye Course or Donald Ross course on either Wednesday afternoon (7/18) or Thursday morning (7/19) regardless of where you make your overnight accommodations! ICLEF has blocked a limited number of tee times on these two dates for your convenience. These tee times are available until July 5, 2012 so make your plans today! For golf reservations call 812-936-9300 & ask for the ICLEF reserved tee times.

Concierge service will be provided by French Lick Springs Resort
Available throughout the day at the ICLEF registration desk to assist you in making tee times, spa or dinner reservations, and to assist you with the many other activities and features of the beautiful and historic French Lick Springs Resort! For a complete list of activities at the resort, please go to the resort’s website at www.FrenchLick.com 

Tour the Historic Grounds
Tours of the historic French Lick or West Baden Resorts can be arranged while on property at Circa 1901, a shop on the Promenade Hall. Tours are available at10 A.M., 12 P.M., 2 P.M., and 4 P.M. at both facilities.

Relax in one of the Resorts’ Signature Spas
It is recommended that reservations for the French Lick Resort Spas be made prior to arrival. For spa reservations call 812-936-5819.

Fun Just for the Kids
French Lick Resort provides fun and exciting activities and adventures that will keep any child engaged and absorbed! Special activities, supervised by the Resort’s trained counselors, have been developed to ensure that kids ages 6-12 years have a full experience in fun and creativity. Visit the resort website for specific activities and events under the link “KidsFest.” Big Splash Adventure Indoor Water Park Just across the way from the French Lick Resort, Big Splash Adventure Indoor Water Park & Resort offers an exciting water park adventure for the entire family. Experience tropical luxury in a family friendly environment! For more information about all the wet and wild fun visit the water park website at www.bigsplashadventure.com

Law Tips: Consumer versus Business Cases in Bankruptcy – Part 2 – To Read Part 1, Click Here

Welcome back to Law Tips. We are in the midst of preparing an individual business owner for bankruptcy thanks to Samuel Hodson and Wendy Brewer, partners with Benesch, Friedlander, Coplan & Aronoff LLP, Indianapolis,

Later, I’ll share a link for the prior Hodson and Brewer commentary on topics such as the importance of being certain that business clients are not treated as consumer debtors in their personal bankruptcies and means testing updates. At the stopping point last week, Sam and Wendy pointed out that: “Returning or selling luxury consumer goods to reduce the consumer side of the ledger prior to filing may save business owners from means testing purgatory.”

Let’s continue this timely discussion of consumer versus business cases. 

The equation can also be massaged on the business side of the ledger. If a business client is a co-maker on a secured business loan, it may be in his interest to file a personal bankruptcy before the property is liquidated and the balance reduced. A debtor with a million dollar home mortgage and a million dollar business loan secured by business real estate could be a business debtor on the morning of the sheriffs sale of the business real estate and a consumer debtor immediately after the sale.

A debtor on the fence between consumer and business status may also benefit from allowing the business loan to incur some default interest, fees and charges before filing his personal bankruptcy. Most business lines of credit have harsh default interest rates. A few months of 18% interest on a million dollar line may make the difference in a debtor’s classification. Since the analysis focuses only on debt and ignores the existence of corresponding assets, the timing of the filing in relation to the purchasing and selling cycle of the business may be important.

For instance, filing just after a regularly scheduled delivery of inventory by a vendor whose obligations are guaranteed by the owner would cause the owner’s business debt to spike while having no impact on his or the company’s balance sheet.

One of the many criticisms of the Bankruptcy Abuse Prevention and Consumer Protection Act  (BAPCPA) is that it creates an incentive for business owners to increase their obligations prior to filing to avoid means testing. Although incurring new business debt to avoid consumer debtor classification benefits a debtor’s 11 U.S.C. § 707(b) analysis, other provisions of the Bankruptcy Code related to bad faith dismissal, denial of discharge and exemption of debt from discharge may be in play if a debtor is too aggressive in his planning.

These expert tips for fulfilling responsibilities to a business owner in bankruptcy are greatly appreciated. Many thanks to our Law Tips contributors for their participation in these two blogs. Should you wish to examine the consumer versus business case issues outlined in last week’s Law Tips, Click Here.

For Video Replays or the Online / On Demand seminar of ICLEF’s popular Annual Bankruptcy Institute that provides a complete examination of this area of law, Click Here.

Samuel D. Hodson, is a partner in Benesch Friedlander Coplan & Aronoff LLP, Indianapolis, Business Reorganization Practice Group. Mr. Hodson represents debtors, creditors, trustees, committees and receivers in proceedings under Chapters 7, 11, 12, and 13 of Bankruptcy Code, state and federal court commercial litigation, out-of-court workouts, and administrative collection matters with state and federal taxing authorities. Mr. Hodson also counsels business owners in wealth protection planning.

A lawyer’s responsibility is to “make life as comfortable as possible for individuals who are forced into seeking protection under the Bankruptcy Code.” So goes the advice of this week’s Law Tips contributors, Samuel Hodson and Wendy Brewer, partners with Benesch, Friedlander, Coplan & Aronoff LLP, Indianapolis. During ICLEF’s Annual Bankruptcy Institute their presentation examines the issues that a skilled and competent practitioner works through in preparing an individual business owner for bankruptcy. They note that this exercise is as useful for settlement outside bankruptcy as it is for bankruptcy planning. 

Following is a sampling of their expert insights on “Consumer Versus Business Cases:” 

Congress has recognized the critical importance of the bankruptcy safety net for those who form new businesses. One local bankruptcy judge has often commented that personal bankruptcy for owners of failed businesses makes capitalism possible.  Without the bankruptcy safety net, fewer small businesses would be attempted and fewer jobs would be created. Congress recognized the social good of the fresh start for business owners when it exempted business debtors from the harsh means testing provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act  (BAPCPA) and the bad faith requirements of 11 U.S.C. § 707(b ).

Debtors whose debts are primarily for business may obtain a Chapter 7 discharge even if their incomes are substantially higher than the expenses allowed under the means test in 11 U.S.C.

§ 707(b ). It is important to be certain that business clients are not treated as consumer debtors when planning their personal bankruptcies.

A debtor’s status as a business debtor is determined by whether his business debt exceeds his consumer debt. For differing approaches on how courts determine whether consumer debts exceed business debts, see In re Hlavin, 394 B.R. 441 (Banlu. S.D. O.H. 2008) (outlining the various approaches); In re Stewart, 175 F.3d 796, 808 (lOth Cir. 1999) (illustrating the majority approach focusing on the aggregate value of each type of debt); In re Bell, 65 B.R. 575, 577-78 (Bankr. B.D. Mich. 1986) (noting that where the relative dollar amounts of consumer versus non-consumer debts are close to equal, it will also consider the relative number of each kind of debt); In re Vianese, 192 B.R. 61, 68 (Banlu. N.D. N.Y. 1996) (looking at whether the amount of the consumer debt actually being discharged and not reaffirmed exceeds fifty percent of the debtor’s total liabilities).

Consumer debt is defined as debt incurred for personal, family or household purposes. 11 U.S.C. 101(8); see also In re Thongta, 401 B.R. 363, 366 (Bankr. E.D. Wis. 2009) (explaining difference between personal, consumer and business debts); In re Millikan, 2007 WL 6260855 (Banlu. S.D. Ind. Sept. 4, 2008) (explaining history of definition and use of “profit motive” test to determine nature of debt).

Given the popularity of McMansions by entrepreneurs over the last decade, home mortgages are likely to be a major concern for small business owners. The amount of the obligation, not the probable deficiency controls. A home with a $1,000,000 mortgage and $1,100,000 market value counts as $1,000,000 in the consumer column despite the equity. If its owner had $900,000 of debt from personal guarantees of business obligations, he would be considered a consumer debtor and would be subject to means testing under 11 U.S.C. § 707(b ).

In re Stewart, 175 F.3d at 808. This result can be avoided by sale of the home, deed in lieu of foreclosure, or payments to reduce the mortgage balance. For example, if the debtor owned a Porsche and a boat worth more than $100,000, the problem could be corrected by selling these assets and applying the proceeds to the mortgage balance. If the home is in foreclosure, it may be prudent to allow the sale to complete prior to filing so that the balance is reduced by the credit bid of the lender.

While homes are generally the most common problem on the consumer side of the ledger, business owners often have personal property encumbered to secure consumer loans which can create problems. The ratio can easily be skewed towards consumer by a few German cars. Returning or selling luxury consumer goods to reduce the consumer side of the ledger prior to filing may save business owners from means testing purgatory.

We’ll continue this Consumer versus Business Case analysis by our Law Tips contributors next week with their advice on how to look at this equation from the business side of the ledger.  Join us again!

For a thorough update in this area, take advantage of ICLEF’s Annual Bankruptcy Institute CLE seminar by clicking here.

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Thank you to Our Law Tips faculty contributors: 
Wendy Brewer, is a partner with Benesch Friedlander Coplan & Aronoff LLP, Indianapolis, where she is vice-chair of the firm’s Business Reorganization Practice Group. She primarily focuses her practice on the representation of creditors, debtors, trustees, and committees in bankruptcy cases and adversary proceedings and the representation of corporate and bank clients in commercial litigation.

Samuel Hodson, is a partner in Benesch Friedlander Coplan & Aronoff LLP, Indianapolis, Business Reorganization Practice Group. Mr. Hodson represents debtors, creditors, trustees, committees and receivers in proceedings under Chapters 7, 11, 12, and 13 of Bankruptcy Code, state and federal court commercial litigation, out-of-court workouts, and administrative collection matters with state and federal taxing authorities. Mr. Hodson also counsels business owners in wealth protection planning.

About our Law Tips blogger:
Nancy Hurley, Law Tips blogger, has long-standing connections with Indiana lawyers.  She was formerly a member of the ISBA and IBF staffs for over 30 years. Nancy’s latest lifestyle venture is with ICLEF. We plan to utilize her exceptional writing and interviewing skills while exploring how her Indiana-lawyer background fits with ICLEF’s needs.  When she isn’t ferreting out new topics for Law Tips, her work can be found in our Speaker Spotlight blogs, postings on the ICLEF Facebook page, Twittering and other places her legal experience lends itself.

We appreciate you reading Law Tips.  If you would like to receive this weekly blog through a feed, click on the RSS link at the top of this page. Also, look for blog updates on Facebook  and Twitter.  Your comments are welcome as Nancy continues to sift through the treasure trove of knowledge of our expert faculty to share with you on Law Tips.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN