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NewsOK Q&A: Laws allow for various contingencies in dealing with bankrupt companies

From NewsOK / by Paula Burkes
Published: April 18, 2017
Click to see full story – Laws allow for various contingencies in dealing with bankrupt companies

Click to see Gretchen Latham’s attorney profile

Gretchen M. Latham’s practice focuses on representing creditors in foreclosure, bankruptcy, collection and replevin cases. She offers these services to her clients on a statewide basis as well as in all three Bankruptcy and Federal Court Districts in Oklahoma.

Q: Can a lender still do business with a bankrupt company?

A: Most generally, yes. When a business files for bankruptcy, the type of case is most commonly a Chapter 11 case. In a Chapter 11, it’s possible for the company to remain in possession of its assets, including equipment and inventory, and continue to do business. This includes interacting with vendors and lenders on a regular basis. As a creditor, the safeguard in place for repayment of any loan made to a company operating under a Chapter 11 is that post-petition debts are given priority as an administrative claim. This helps to eliminate some of the risk, and provide assurances of repayment. However, if the type of case filed is a Chapter 7, the company will no longer be operating its business and all of its assets are scheduled for liquidation.

Q: Can goods that are shipped to a Chapter 11 debtor be recovered?

A: The Bankruptcy Code does allow for reclamation of recently shipped goods, pursuant to 11 U.S.C. Section 546. There’s a somewhat tight timeline for exercising the right of reclamation, which must be precipitated by making demand.

Q: How can I get paid by a Chapter 11 debtor?

A: An option for making a payment claim, which is not unique to a Chapter 11 case, is for a creditor to file a proof of claim. The proof of claim will set forth the balance due and payment terms. The deadline to get a claim on file will vary from court to court, and the required form is typically provided with notice of the filing. Payment on a proof of claim can take a while, so be prepared to wait for the case to come to completion.

 

NewsOK Q&A: FBI warns against doctors, dentists using ‘anonymous mode’ computer servers

From NewsOK / by Paula Burkes
Published: April 12, 2017
Click to see full story – FBI warns against doctors, dentists using ‘anonymous mode’ computer servers

Click to see Mary Holloway Richard’s attorney profile

Mary Richard is recognized as one of pioneers in health care law in Oklahoma. She has represented institutional and non-institutional providers of health services, as well as patients and their families.

Q: What attention has the FBI recently given to protect Protected Health Information (“PHI”) from cyber criminals?

A: Under a “Private Industry Notification” dated March 22, the FBI’s Cyber Division has provided guidance that’s applicable specifically to medical and dental providers and focuses on protection of sensitive, identifiable health information.

Q: What does the notice specifically recommend?

A: The notification recommends these health care providers request that their IT services personnel take steps to further secure the information from cyber threats by checking networks for File Transfer Protocol (“FTP”) servers running in anonymous mode. FTPs routinely are used to transport information between network hosts. This is the case, for example, when a covered entity such as a hospital or group practice transfers information to a business associate, such as a billing company or a third-party payer, for the purpose of submitting claims for services provided.

Q: What does “anonymous mode” mean and what threat does it represent?

A: “Anonymous mode” refers to the situation where an FTP server can be structured to permit users who are anonymous, doesn’t require a password to enter, and accepts common user names such as “anonymous” or “FTP.” The danger is that, in such circumstances, sensitive patient information stored on a server could be accessed with little or no security.

Q: Why does the FBI guidance focus specifically on health care?

A: Research conducted at the University of Michigan in 2015 resulted in a finding that more than one million FTP servers would allow such access. According to the FBI, some computer security researchers seek servers in anonymous mode as part of legitimate research, but others make such connections to facilitate nefarious activities such as launching cyber attacks, hacking, blackmailing, harassing and intimidating business owners. It’s the FBI’s purpose issuing this new guidance to both make health care business aware of the risks represented in their IT systems and to shore up weaknesses that pose cyber security risks. In addition to the precautions urged in the notice, the FBI has previously urged companies to buy and implement ransomware defense software.

Q: Should additional actions be taken by medical and dental health care entities to provide additional protections against cyber crime?

A: The FBI encourages medical and dental health care entities to report suspicious or criminal activity to the local FBI field office (locate via www.fbi.gov/contact-us/field) or the FBI’s 24/7 Cyber Watch, CyWatch 855-292-3937 or CyWatch@ic.fbi.gov. Submitted reports must include available information regarding the date, time, location, type of activity, number of people and type of equipment used for the activity, the name and contact person for the entity submitting the report. Victim complaints can be filed with the internet Crime Complaint Center at www.ic3.gov.

 

Firm selects March Employee of the Month

Rae White

Rae White, Legal Assistant, is Phillips Murrah’s Employee of the Month for March 2017.

“I am blessed to work with such wonderful people, and I love my PM family,” White said. “This past year has really shown me how lucky I am to be a part this Firm.”

The Employee of the Month is selected anonymously by Phillips Murrah staff on merits of teamwork and overall contributions to the Firm.

“Rae is an experienced and exceptionally talented legal assistant who is always upbeat and positive,” Director Fred A. Leibrock said. “She is a great contributor to the success of the Firm, and we are very lucky and pleased to have her as a member of the team.

“She is most deserving of being the Firm’s Employee of the Month.”


Phillips Murrah is the only law firm recognized as an Oklahoma Top Work Place by The Oklahoman/WorkplaceDynamics. Our Firm strives to recognize and reward our employees for excellence. Each Employee of the Month is chosen by a monthly survey of peers.

Firm selects February Employee of the Month

Curt Bauer

Curt Bauer, File Room Manager, is Phillips Murrah’s Employee of the Month for February 2017.

“I don’t work or do any of what I do to get Employee of the Month or to get recognized. I do it because it is my job and I believe in what I do,” he said. “With that said, it is always nice to be recognized by your peers, and it helps a lot toward keeping up the daily grind.

“I love this firm’s progressive, proactive thinking, and the fact that we, as a group, always want to be better this year than we were last year. It is an honor to work here!”

The Employee of the Month is selected anonymously by Phillips Murrah staff on merits of teamwork and overall contributions to the Firm.

“Curt is so very thorough and conscientious that you know you are in good hands when you ask him to do something,” Executive Director Michelle Munda said. “He’s extremely dedicated to his job and the Firm, and makes sure we know that he will do whatever is required in every situation, whether it’s something really big or really small.  We are very lucky to have him working here!”


Phillips Murrah is the only law firm recognized as an Oklahoma Top Work Place by The Oklahoman/WorkplaceDynamics. Our Firm strives to recognize and reward our employees for excellence. Each Employee of the Month is chosen by a monthly survey of peers.

Firm selects December Employee of the Month

Caitlin Berg

Caitlin Berg, Administrative Assistant, is Phillips Murrah’s Employee of the Month for December 2016.

“I am very thankful to have received this award from my co-workers,” she said. “I really enjoy the workplace and the people that work here. It’s a great place.”

The Employee of the Month is selected anonymously by Phillips Murrah staff on merits of teamwork and overall contributions to the Firm.

“She has been willing to learn anything and everything that I have shown her and doesn’t back down from anything that I want or need her to do,” File Manager Curt Bauer said. “Her position takes an ability to deal with many people, and manage time efficiently. She has become a very valuable asset to not only me but the Firm as a whole in just a little over a year.”


Phillips Murrah is the only law firm recognized as an Oklahoma Top Work Place by The Oklahoman/WorkplaceDynamics. Our Firm strives to recognize and reward our employees for excellence. Each Employee of the Month is chosen by a monthly survey of peers.

Firm selects November Employee of the Month

Lisa McAlister

Paralegal Lisa McAlister is Phillips Murrah’s Employee of the Month for November 2016.

“More than being proud of working for an extraordinary company, I am proud of working with extraordinary co-workers,” she said. “I am grateful to my peers for choosing me to be Employee of the Month.

“It is such an honor, both on a personal level as well as a professional level. I truly love working with my Phillips Murrah family.”

The Employee of the Month is selected anonymously by Phillips Murrah staff on merits of teamwork and overall contributions to the Firm.

“Lisa is tremendous,” Director Timothy D. Kline said. “Not only is she bright and dedicated, she is a joy to work with.


Top Workplaces shield for web 150

Phillips Murrah is the only law firm recognized as an Oklahoma Top Work Place by The Oklahoman/WorkplaceDynamics. Our Firm strives to recognize and reward our employees for excellence. Each Employee of the Month is chosen by a monthly survey of peers.

Firm selects October Employee of the Month

Margaret Petit

Margaret Petit, legal assistant, is Phillips Murrah’s Employee of the Month for October 2016.

“It is a real honor to have received this award from my co-workers,” she said. “Just know that I believe that I am a good ‘team player’ because every member of my team/Phillips Murrah family is a Super Star and we all excel in service/skill. Thank you all for making me look good!”

The Employee of the Month is selected anonymously by Phillips Murrah staff on merits of teamwork and overall contributions to the Firm.

“Margaret is an incredibly hard worker,” Director Jason M. Kreth said. “She always goes above and beyond what’s expected of her, often times anticipating things before I even ask for them.”


Top Workplaces shield for web 150

Phillips Murrah is the only law firm recognized as an Oklahoma Top Work Place by The Oklahoman/WorkplaceDynamics. Our Firm strives to recognize and reward our employees for excellence. Each Employee of the Month is chosen by a monthly survey of peers.

Firm selects September Employee of the Month

David Carter

David Carter, Lead Office Clerk, is Phillips Murrah’s Employee of the Month for September 2016.

“It is an honor to be selected by my co-workers for this award, thank you,” he said. “The work atmosphere here while oft times busy is also team oriented with staff volunteering to assist one another with rush assignments.

“The Firm’s directors are beyond generous with the many perks given throughout the year. I’m blessed and grateful for the opportunity and experience of being an employee here at Phillips Murrah.”

The Employee of the Month is selected anonymously by Phillips Murrah staff on merits of teamwork and overall contributions to the Firm.

“It’s no surprise David was chosen by his peers as Employee of the Month because he more than deserves the recognition,” Firm President Thomas G. Wolfe said. “He is a thoughtful, integral part of the Phillips Murrah family.”


Top Workplaces shield for web 150

Phillips Murrah is the only law firm recognized as an Oklahoma Top Work Place by The Oklahoman/WorkplaceDynamics. Our Firm strives to recognize and reward our employees for excellence. Each Employee of the Month is chosen by a monthly survey of peers.

Firm selects August Employee of the Month

Monica Ball

Monica Ball

Monica Ball, Accounting, is Phillips Murrah’s Employee of the Month for August 2016.

“I am humbled and thrilled to receive this recognition from my peers,” she said. “Thank you all for making this such a great place to work for the past 12 years.”

“Monica is a valued member of the Accounting Department and her contributions help to make the Firm run efficiently,” Controller Stephanie Oseland said. “She is a hardworking and positive person, and it is a pleasure to work with her. She deserves this honor.”

The Employee of the Month is selected anonymously by Phillips Murrah staff on merits of teamwork and overall contributions to the Firm.


Top Workplaces shield for web 150

Phillips Murrah is the only law firm recognized as an Oklahoma Top Work Place by The Oklahoman/WorkplaceDynamics. Our Firm strives to recognize and reward our employees for excellence. Each Employee of the Month is chosen by a monthly survey of peers.

Firm selects July Employee of the Month

Stacye Snow, accounts payable specialist, is Phillips Murrah’s Employee of the Month for July 2016.

“Coming up on 19 years with Phillips Murrah, what else is there really left to say: a great place with great people, and I truly appreciate the recognition from my co-workers,” she said. “Thank you all so much.”

“I’m thrilled that Stacye was chosen as this month’s Employee of the Month,” Controller Stephanie Oseland said. “In her 19 years at the firm, she has proven herself as a loyal, dependable and diligent asset to the Firm.

“It is a true pleasure to be able to work with her.”

The Employee of the Month is selected anonymously by Phillips Murrah staff on merits of teamwork and overall contributions to the Firm.


Top Workplaces shield for web 150

Phillips Murrah is the only law firm recognized as an Oklahoma Top Work Place by The Oklahoman/WorkplaceDynamics. Our Firm strives to recognize and reward our employees for excellence. Each Employee of the Month is chosen by a monthly survey of peers.

Director quoted as source in article on Oklahoma Supreme Court case

Heather L. Hintz primarily represents banks, commercial entities and municipalities in litigation in state and federal courts with an emphasis on protecting hard-fought rulings throughout the appeals process.

Phillips Murrah Director Heather Hintz defended her stance on Oklahoma State Question 777 in an article published on NewsOK.com on Wednesday.

Read Hintz’s comments from the article below:

Attorneys for opponents of the ballot measure have filed an accelerated appeal in the case, in hopes the Oklahoma Supreme Court will take up the matter before a deadline in late August for the Oklahoma Election Board to print the November ballot, said Heather Hintz, an attorney for plaintiffs in the case.

“We are asking the Supreme Court to retain the appeal because it’s a matter of public importance that has widespread public impact,” Hintz said.

The plaintiffs have challenged the constitutionality of State Question 777 on several grounds, and argue that the measure is so blatantly unconstitutional that it would be a waste of state resources and misleading to voters, Hintz said.

“There is a strong Oklahoma policy that something that is facially unconstitutional should not go to the ballot because it’s a waste of resources and it misleads voters,” she said.

Read more at NewsOK.com.

Director and bankruptcy leader Tim Kline featured in The Oklahoman Q&A

kline paper

Click to see this on NewsOK.com

Although Phillips Murrah Director Tim Kline will recoil at the use of this descriptor, I (Marketing Director, Dave Rhea) am going to be so bold and reckless as to say he is legendary. As I listened to him review some of the highlights of his personal history, I felt like I was in the room with a great Oklahoma oral historian.

I found myself thinking on a couple of occasions, “too bad Tim doesn’t have a radio show.” But I guess he’s a little busy being one of the state’s preeminent bankruptcy attorneys. Oh well, I think he could have given Paul Harvey a run for him money.

Business reporter Paula Burkes, from The Oklahoman, was kind enough to stop by the firm recently to talk to Tim for one of the newspaper’s Executive Q&A features. It published Sunday, April 12 and gave people a glimpse into the storied life of a lawyer who has been practicing bankruptcy law since those infamous Penn Square days:


 

The morning of the 1982 Penn Square Bank collapse, Phillips Murrah Director Tim Kline — then a young general litigation attorney — was asked by his firm to call on Oklahoma City oilman Carl Swan, who was a director of the bank.

“It was the Monday following the July 4th weekend, and I was supposed to be off,” said Kline, who remembers he wasn’t too happy about the assignment.

In their meeting, Kline asked Swan if the bank was OK and Swan, in his notorious gruff manner, reported that it was; that the Federal Deposit Insurance Corporation agreed to capitalize millions more and give the bank more time, he said.

But when Kline arrived home and flipped on his TV, he learned the FDIC had pulled the plug on Penn Square Bank.

The infamous bankruptcy is what sparked a nearly 33-year career in bankruptcy law for Kline, whose late father and former Assistant U.S. Attorney David A. Kline Jr. served 14 years as a bankruptcy judge.

At the time of the collapse, Kline was helping his dad teach a bankruptcy law course at Oklahoma City University — largely on the 1978 Bankruptcy Reform Act, which the senior Kline had helped promote.

Tim Kline never intended to go into bankruptcy law but, following the oil bust, circumstances unfolded that way, he said. With so much demand for bankruptcy work, his dad left the bench and they formed Kline & Kline in February 1983, where they worked together for more than 25 years.

Kline in 2011 joined Phillips Murrah, where he continues to specialize in bankruptcy law.

From his offices on the 13th floor of the Corporate Tower, Kline, 65, sat down recently to talk about his life and career. This is an edited transcript:

Q: Tell us about your roots.

A: Of course, my father was an attorney and my mother was a homemaker. I’m the middle child of their three children. My brother is six years older and my sister is eight years younger. My father used to joke that he managed to raise three only children. But we were, and still are, close. In fact, we three and our mother, 94, all live within walking distance from one another on several hundred acres we bought in 1981 in the Jones Public Schools District in eastern Oklahoma County, 10 miles east of I-35, where we have dogs, chickens and horses. My brother-in-law raises cattle. When I was a bachelor, my home was like an overgrown cabin. But since Alyssa and I married, we’ve reinvented it three times. It’s three-storied and our second story overlooks a lake.

Q: Where did you go to school?

A: In elementary school, I was a Mayfair Chipmunk. We lived near 50th and May when Mayfair was a brand-new neighborhood. In the sixth- and seventh-grades, I attended Casady, after my brother was recruited there to play baseball. Once he graduated and went to OU on a baseball scholarship — and I lost my ride to school — I transferred to Putnam City, where I graduated. Growing up, I played baseball, football and basketball, but my siblings were far better athletes. My sister went to OCU on a tennis scholarship. I was into politics. At 7, I remember sitting up and crying when Adlai Stevenson lost; in 1960, I got to hear JFK speak in the municipal auditorium; and before I could vote, I was the Ward 1 campaign chairman for Eugene McCarthy. I also enjoyed speech, debate and plays. My favorite role was the lead my sophomore year in “Look Heavenward Angel.”

Q: What were some of your first jobs and first cars?

A: As a youth, I worked at the municipal ball park. My sophomore year in high school, I threw the first papers of the now-defunct Oklahoma Journal. By the summer of my senior year, I graduated to writing obits and writing some Friday night football stories. My freshman year of college, I was awarded a scholarship to UCO. My father told me if I took it, he’d get me a car, though it wasn’t a very nice car. It was a used light blue Ford Fairlane. When I was a junior, and doing well in school at OU, he bought me a purple Plymouth Road Runner.

Q: Did you always plan on being an attorney?

A: There was a time I considered becoming a philosophy teacher. At OU, I studied under the legendary J. Clayton Feaver and considered getting a Ph.D. in philosophy. I’d earned a graduate minor in it, along with a bachelor’s and master’s in polisci. But instead, I wound up taking the law school entrance exam. I like the problem solving in law, and helping people where they have a practical need. During law school, I interned with the U.S. Attorneys office and worked at the Redlands Racket Club and OKC Tennis Center. I got to play tennis with Colin Robertson. Before my father and I opened our own firm, I clerked for over three years for U.S. federal judge Luther Bohanon. He liked having me in the courtroom with him, so I got to see a lot of good lawyers at work in big trials. I worked the next three years for the firm of Jimmy Linn, a west Texas litigator who was a heavy hitter on the national level.

Q: What do you like about practicing bankruptcy law?

A: My work is really about avoiding bankruptcy as such. Whether I represent the debtor, creditor or a trustee, I try to bring together parties who are in financial stress and help them clarify what common interests are involved and how to maximize financial recovery. My goal is to do the most for the most people in the most efficient manner possible. Of course, like in all things in life, it takes two to tango. Sometimes, people aren’t cooperative and we have to go to a Plan B scenario and invoke legal remedies and be as confrontational as necessary. I’m as nice as the other side will allow.

Q: How did you meet your wife?

A: Alyssa is a native Canadian. We met at Christmastime 1976, when I went to British Columbia to visit relatives and friends, but then she was only a punk teenager. Her family and I kept in touch over the years and in the summer of ’85, she called to say she and her folks were going to Seattle and would I like to meet them there. She was 23; I was 36. I spent a couple days in Seattle, but had to fly back to Albuquerque for a big case. Three weeks later, I flew to British Columbia, where we wed and spent our honeymoon. She was shocked that it was 100 degrees in Oklahoma City, when our flight arrived home at 11 p.m. on Sept. 1. The next morning, she joked about getting an annulment. But this August, we will have been married 30 years. Alyssa earned an education degree at UCO and taught elementary school, before she had our daughters whom she home schools. After the girls were born, Alyssa’s parents moved to Oklahoma City. We’ve lost her mother, but her father lives in a retirement community. He’s 94 and was over for Easter.

You can view the whole story here: http://newsok.com/executive-qa-penn-square-bank-collapse-sparks-counselors-career-in-bankruptcy-law/article/5409410