These materials may not be reproduced in whole or in part without the express written permission of the individual speaker.
Course #234945 with the Commission on CLE
8 hours total credit, 1 hour ethics credit, 1 hour SA/MH credit and 1 hour towards bankruptcy specialization
8 hours total credit, 1 hour ethics credit, 1 hour SA/MH credit and 1 hour towards bankruptcy specialization
Super CLE, February 6, 2023
The information herein is provided for attendees of the Hilton Head Bar Association CLEs and is NOT intended as legal advice from this association or any of its speakers. Should you need legal advice, please consult with a licensed attorney.
Sam Bauer, Esquire Bauer & Metro & John Warren, III, Esquire![]()
The Honorable Garrison Hill, Judge, S.C. Court of AppealsDO'S AND DON'T'S FOR NONJURY PRACTICE
This may seem a neurotic pet peeve, but I never realized how distracting it was until I became a judge. The physical perspective from the bench causes you to see any movement in the courtroom as something you need to respond to in some way, e.g., the juror having a panic attack, the bailiff drooling in the corner. So, when a second lawyer stands, it takes your attention from the speaker.
Michael Abro, EsquireStudies have highlighted the substantial rates of behavioral health problems present in the legal community. One recent study of lawyers found that 28% of participants experienced depression, 20% screened positive for potentially alcohol-dependent drinking, 19% experienced severe anxiety, and 11.5% had experienced suicidal thoughts. Studies conducted during the pandemic have shown that the behavioral health problems in the legal community have been exacerbated by the pandemic. Results of one study conducted during the pandemic indicated that around 1 in 3 lawyers started drinking more over the past 18 months. 34% of female lawyers and 29% of the male lawyers surveyed reported their drinking increased during the pandemic. Women who reported an increase were 7 times more likely to engage in risky drinking, and the men were nearly 4 times more likely. In addition, 25% of women and 17% of men said they have thought about leaving the profession, during the pandemic, due to mental health concerns. During this program, attendees will learn about behavior health problems present in the legal community and will have an opportunity to assess their own stress levels. The presenter will share information related to signs of a potential behavioral health concern. Strategies for addressing these concerns, including mindfulness practices, will be examined. In addition, attendees will learn about educational resources related to mental health, wellness, and self-care to enhance their knowledge of their duties of competence, diligence, and honesty in the practice of law.
Kelly Jolley, EsquireThe Biggest Mistakes New Lawyers, and Some Not So New Lawyers, Make
Not knowing who your client is.
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Stephanie Brinkley, Esquire![]()
The Honorable Shiva Hodges, Federal Court Judge![]()
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Mark Billion, Esquire
1. Why does bankruptcy matter to you?
2. What is the point of bankruptcy?
3. The Bankruptcy Process
4. Who are the Stakeholders?
The Debtors
Secured Creditors
Committees
Trustees
Individual Creditors
Individual Equity Holders
The Court
5. What are the Options? Chapter 7, Chapter 9, Chapter 11, Chapter 13, Chapter 15
6. What is the Process?
7. Filing
8. First Day Motions (Maybe)
9. Marshalling and Right Sizing Asset Sales/Contract Rejections
10. Meeting of Creditors
11. Claims Solicitations
12. Plan and Confirmation (Maybe)
13. Structured Dismisal (Maybe)
14. Claims Resolution
15. What Should You be Doing?
Critical Vendor Motions
Retention Plans
Financing Motions
Plan Releases
Asset Sales
Special Counsel Retention
Stay Relief
Solvency
16. What Can Go Wrong
17. The Automatic Stay
Automatic, Really
They Mean It
Ask Permission, Not Forgiveness
18. Adverse Rulings
Releases and Equity 2.0
The Binding Nature of Financing
Sale Motions
Appeals and Stays
19. Claims
Filing Requirements
Claims Allowance
Jurisdictional Issues
20. Litigation and Preferences
Nationwide Service of Process
No wrongdoing required
Differing Time Periods
Potentional for Tag Along Claims
Limited Jury Trials
2. What is the point of bankruptcy?
3. The Bankruptcy Process
4. Who are the Stakeholders?
The Debtors
Secured Creditors
Committees
Trustees
Individual Creditors
Individual Equity Holders
The Court
5. What are the Options? Chapter 7, Chapter 9, Chapter 11, Chapter 13, Chapter 15
6. What is the Process?
7. Filing
8. First Day Motions (Maybe)
9. Marshalling and Right Sizing Asset Sales/Contract Rejections
10. Meeting of Creditors
11. Claims Solicitations
12. Plan and Confirmation (Maybe)
13. Structured Dismisal (Maybe)
14. Claims Resolution
15. What Should You be Doing?
Critical Vendor Motions
Retention Plans
Financing Motions
Plan Releases
Asset Sales
Special Counsel Retention
Stay Relief
Solvency
16. What Can Go Wrong
17. The Automatic Stay
Automatic, Really
They Mean It
Ask Permission, Not Forgiveness
18. Adverse Rulings
Releases and Equity 2.0
The Binding Nature of Financing
Sale Motions
Appeals and Stays
19. Claims
Filing Requirements
Claims Allowance
Jurisdictional Issues
20. Litigation and Preferences
Nationwide Service of Process
No wrongdoing required
Differing Time Periods
Potentional for Tag Along Claims
Limited Jury Trials
Michael J. Virzi, Esquire, University of South Carolina School of Law and The Virzi Law Firm

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