Georgia Communities First Magazine - Spring 2013 by Community Bankers Association of Georgia

SPRING 2013

C B A i s . . . Pa s s i o n . P u r p o s e . Po w e r.

Driving Success

Official Publication of the Community Bankers Association of Georgia

35th Annual Leadership Division Convention & Mini-Trade Show

Inside 2013 Day at the Capitol Spring Regional Luncheon Meetings Educational Events Galore! Celebrate Community Banking Month!

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GEORGIA

Communities SPRING 2013 CBA STAFF Carolyn Brown President & CEO carolyn@cbaofga.com Steve Bridges Executive Director of Legislative & Regulatory Affairs steve@cbaofga.com Shera Banks Marketing Coordinator shera@cbaofga.com Donna Coutant Education & Special Events donna@cbaofga.com Teresa Day Receptionist / Administrative Assistant teresa@cbaofga.com Lindsay Greene Vice President Marketing & Member Services lindsay@cbaofga.com Amanda Lee Education Intern educintern@cbaofga.com Tammy Maass CFO tammy@cbaofga.com Jodi Swilley Vice President Education & Professional Development jodi@cbaofga.com Charlie Watts Lobbyist Nick Wilborn Operations Assistant nick@cbaofga.com Peake Wilson Vice President peake@cbaofga.com

Cover photo: Rendering of newly renovated Lobby of the Omni Amelia Island Plantation Resort, Amelia Island,FL

FIRST

FEATURES

INSIDE

Message from the President/CEO's Desk

Day at the Capitol - A Huge Success!

Leadership Division PAC/PR Golf Tournaments

12 13

Century Bank of Georgia Partners with Agencies to Donate $5,000 to Bartow and Gordon Counties Recovery Efforts Leadership Division Tours Children's Healthcare

Educational & Networking Opportunities

April & May Compliance Program to Cover Recent CFPB Mortgage Final Rules

Evolving Banking Strategies in the Age of Universal Commerce

It's Time for Improved Efficiency and Reduced Operating Costs

How Banks Can Safely Embrace Bring Your Own Device

Plans That Bind

page 4 | Day at the Capitol Tuesday, April 30

Cartersville Country Club

Tuesday, April 16

Tuesday, April 9

Brickyard at Riverside Golf Club Macon

Wednesday, April 10

Forest Heights Country Club Statesboro

S ta y connecte d

Athens Country Club

Thursday, April 18

Stonebridge Golf & Country Club Albany

page 6 | Spring Regional Luncheon Meetings

page 8 | Leadership Division Convention

Scan with your smartphone to view our website.

Community Bankers Association of Georgia 1900 The Exchange, Suite 600, Atlanta, GA 30339 (770) 541-4490 or (800) 648-8215 • Fax (770) 541-4496 www.cbaofga.com • cba@cbaofga.com

page 21 | Community Banking Month S p r in g 2 0 1 3 | Ge o r g i a C o mm u n i t i es Fi r s t | 1

FINER

POINTS

Regulators Should, First, Do No Harm Primum non nocere This Latin phrase might be more relevant to community bankers than they realize. Translated to “first, do no harm,” it is widely affiliated with the Hippocratic Oath that guides how physicians approach their profession. The policymakers who form the regulatory framework for our industry—who craft policies designed to influence how community banks do business—could learn a lot from it. The community banking industry’s advocacy regimen for less restrictive regulatory policies is pretty straightforward. Simply put, the cost in time and treasure of over-regulation is choking off community banks’ ability to attract and sustain capital to serve their customers and communities. While getting policymakers to stem the relentless heartbeat of regulation is a perpetual challenge, the problem of excess paperwork and red tape is easy to grasp. But what is sometimes lost in the policymaking shuffle is that not only is the stream of regulations from Washington seemingly endless, it is often contradictory. Community banks are under the knife to obey safety-and-soundness guidelines that restrict access to credit and, at the same time, to dutifully throw out life-saving sustenance to underserved communities. Case in point is the current effort to define a qualified mortgage. If defined too narrowly, community banks will be forced to cut off credit to avoid the risk of litigation while facing the unintended consequences of disparate impact in the name of fair lending. The policy priorities of strict credit guidelines to minimize potential losses and of opening up the lending spigot to ensure equitable access to credit are at odds, and community banks are stuck in the middle. There is a joke in there somewhere about clowns to the left and jokers to the right, but I’m not going to make it.

2 | www.cbaofga.com | Spring 2013

By Cam Fine President & CEO, Independent Community Bankers of America

But I will say that this schizophrenic approach to policymaking has negative consequences. Despite entreaties to ensure equal access to credit, the alphabet soup of regulations hampers the ability of community banks to devote their resources to making loans. Additionally, words from Washington to reach out to underserved borrowers who pose “reasonable” risks often fall on deaf ears to the examiners who come to town to open up the books. In other words, you’re damned if you do and damned if you don’t. So what’s the secret? How can policymakers promote lending decisions that do not pose excess risk but also support loans to homebuyers who might not be perfect on paper? Well, here’s one way: Support the relationship lenders out there who meet face-to-face with borrowers to determine their qualifications and potential risks. Instead of driving these folks out of business with strict standards that don’t mesh with their business model, let’s encourage the community bank system of symbiotic relationships with customers and communities. In other words, before Washington policymakers develop their diagnosis and prognosis on how to restore health to our nation’s financial system, maybe they should step back first and figure out what not to do. Maybe doing no harm should be their first priority.

Member:

Message from the President/CEO's Desk

pring is in the air, which means the 2013 Georgia Legislative Session is coming to an end. My sincere thanks to the many bankers and associate members who joined us at the Annual CBA Day at the Capitol – we were delighted with the participation. You will find highlights from this well-attended event on page 4. Please take a moment to browse through this issue of Georgia Communities First and learn about the many exciting events the CBA is hosting over the next few months. We’re expecting terrific attendance at the Spring Regional Luncheon Meetings, which will be held in April in Macon, Statesboro, Athens, Albany and Cartersville…we are sure to be in a location near you. We’ve had a positive response to the PAC/PR golf tournaments being held in conjunction with the Spring Regional Luncheon Meetings. This is a great time to network, enjoy the course and support a good cause.

While registrations for webinars continue to increase, we’re still seeing a great deal of interest in the face-to-face programs. We recently hosted the popular Commercial Lending School and registrations continue to roll in for the Consumer Lending School. The new Southeastern Bank Chairman’s Summit in May at The Ritz-Carlton Lodge in Greensboro offers an interactive format you won’t want to miss. While the Compliance remains a “must” for our banks, we’re happy to see the return of the Marketing Conference for community banks in October. Don’t forget about the best networking of all at the two annual conventions! “Driving Success” is the theme for the 35th Annual Leadership Division Convention & Mini-Trade Show, June 20 – 23, 2013, at the newly-renovated Omni Amelia Island Plantation Resort. We are extremely excited about the 45th Annual Meeting & Trade Show, September 11 – 15, 2013, at the Sandestin Golf & Beach Resort in Destin, Florida. With a terrific line-up of speakers, financial service providers, and educational topics, you will want to register right away. I look forward to seeing you at an upcoming CBA event. As always, do not hesitate to contact me if I can assist you in any way.

Carolyn Brown President & CEO

SAVE THE DATE!

45th Annual Meeting & Trade Show Wednesday - Sunday, September 11 -15, 2013 Sandestin Golf & Beach Resort, Destin, FL C B A i s . . . Pa s s i o n . P u r p o s e . Po w e r.

www.cbaofga.com

LOOK FOR MORE DETAILS ON OUR WEBSITE S p r in g 2 0 1 3 | Ge o r g i a C o mm u n i t i es Fi r s t | 3

Day At The Capitol 2013 - A Huge Success!

he Community Bankers Association of Georgia (CBA) hosted the 24th annual Community Banking Day at the Capitol on Wednesday, February 20, 2013. Starting in 1990, the annual event honors community bankers and state elected officials, as well as emphasizes the important role Georgia's community banks play in their communities. The attendees filled the Capitol halls to see their lawmakers at work and enjoyed a legislative briefing in the historic Georgia Freight Depot.

(l-r): Dan Oliver, President & CEO, Vinings Bank, Smyrna and 2012-2013 CBA Chairman; Steve Bridges, Executive Director of Legislative & Regulatory Affairs, CBA; Harriet Isenberg, Isenberg & Hewitt, PC and sponsor of the 2013 Day at the Capitol; Carolyn Brown, President & CEO, CBA; Commissioner Rob Braswell, Georgia Department of Banking and Finance; and, David Moore, Vice President, Independent Community Bankers of America (ICBA).

Guest speakers included State Attorney General, Sam Olens; Senate Banking and Financial Institutions Committee Chairman John Crosby; House Banks and Banking Committee Chairman Greg Morris; and, Commissioner Rob Braswell, Georgia Department of Banking and Finance. Following the briefing, bankers joined their legislators in the Freight Room for a luncheon and the opportunity to discuss important legislation impacting community banking. “The CBA Community Banking Day at the Capitol is the only event specifically dedicated to making the voice

of Georgia community bankers heard,” said Carolyn Brown, President & Chief Executive Officer of the CBA. “The CBA is active in the political process through lobbying efforts, but nothing is more important to the political process than constituents meeting with their lawmakers. The Association is appreciative of the participation from bankers, associate members and legislators in this annual event.”

Community bankers and associate members gather on the Capitol steps.

4 | www.cbaofga.com | Spring 2013

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CBA's 4th Annual Spring Regional Luncheon Meetings Make Plans Now to Attend!

he CBA is pleased to host the 4th Annual Spring Regional Luncheon Meetings in five convenient locations throughout the state. During these informative meetings, industry experts will provide updates on the status of banking in Georgia, current trends, and strategies for growth in the future. Plus, you will have time to network with other community bankers and CBA associate members.

urs 2 Horedits C CPE ilable! Ava

Bankers Only Peer Group Meeting

ack by popular demand, the Bankers Only Peer Group Meeting will be held for bankers to network with each other and discuss topics of their choice prior to lunch. These sessions will be moderated by team members from the accounting firm Nichols, Cauley & Associates, LLC, a CBA associate member. Register today! Seating is limited!

SPEAKERS Financial Growth and Strategies For Community Banks

Tuesday, April 30

Cartersville Country Club

Tuesday, April 16

Athens Country Club

Tuesday, April 9

Brickyard at Riverside Golf Club Macon Kevin O’Keefe Principal, Investment Banking, Sandler O’Neill + Partners, L.P, Atlanta

Dan Oliver President & CEO, Vinings Bank, Smyrna; 2012-2013 CBA Chairman

Peter Finnerty, Jr. Principal, Investment Banking, Sandler O’Neill + Partners, L.P, Atlanta

The State of the State “What the Numbers Tell Us About the Performance of Banks in Georgia.”

Wednesday, April 10

Forest Heights Country Club Statesboro

Thursday, April 18

Stonebridge Golf & Country Club Albany

presented by

SCHEDULE/PRICING

Bankers Only Peer Group Meeting 10:30 am – Registration 10:40 am – Meeting

Jessica Bennett Product Manager

H. D. Jacobs Senior Product Expert

J. P. O’Sullivan Associate Director of Financial Institutions

~ Thanks to our Sponsor ~

Luncheon Meeting 11:25 am – Registration/Networking 11:45 am – 1:15 pm – Luncheon Meeting / Presentations 1:45 pm – Golf (Macon and Albany Only) Member Price: Lunch only: $55 per person Lunch & Golf: $150 per person Non-Member Price (Prepayment is required.) Lunch only: $85 per person Lunch & Golf: $200 per person

Added This Year: Leadership Division PAC/PR Golf Tournaments 6 | www.cbaofga.com | Spring 2013

Leadership Division 2013 PAC/PR Golf Tournaments Brickyard at Riverside Golf Club The first tournament will be held at the Brickyard at Riverside Golf Club in Macon on Tuesday, April 9, 2013. The Brickyard at Riverside is widelyrecognized as one of the finest golf venues in the entire state. The Brickyard at Riverside is honored to be recognized as the 15th Best Golf Course in Georgia by Golf Digest and host of the Annual Brickyard Collegiate Golf Championship.

Jeff Miller, Jarrod Prickett, Sam Drennen, and Jeff Dickerson won First Place in last year’s Athens tournament.

Schedule

1:45 p.m. Shotgun Start

About PAC/PR The Annual Leadership Division PAC/PR Golf Tournaments are a great way to network with other community bankers and benefit a good cause. Proceeds go to the CBA Political Action Committee (PAC) and Public Relations (PR) funds. The funds provide Georgia’s community banking industry a voice in state politics. The CBA maintains the only state PAC working exclusively for community banks.

Stonebridge Golf & Country Club The second tournament will be held at the Stonebridge Golf & Country Club in Albany on Thursday, April 18, 2013. Stonebridge has consistently been recognized by Golf Digest as a private golf course that must be played and when opened in 1997, was rated the 10th best golf course in the United States and Canada. Designed by Robert C. Walker, the course features a traditional design style and plays 6913 yards from the championship tees.

Skip Franklin, Corey Harwell, and Chuck Harwell won Second Place in last year’s Cordele tournament.

Cost

$150 per person and includes attendance at the Spring Regional Luncheon

Sponsorships Still Available Beverage Cart: $1,100 (or 2 sponsors at $550 each) Golf Prizes (1st & 2nd Place): $600 19th Hole - Awards Presentation: $750 Sponsor a Hole: $150

All prices are per tournament. Sponsorships are available on a first-come, first-served basis. Call today to reserve yours! Contact Peake Wilson at (770) 541-0379 / (800) 648-8215 or peake@cbaofga.com. S p r in g 2 0 1 3 | Ge o r g i a C o mm u n i t i es Fi r s t | 7

D TH

G N I V I R L LE

ANNUA

ISION

IP DIV ADERSH

TION N E V N CO

Start Your Engines!

DE SH INI-TRA

Topics Include:

Start your engines and get ready for the ride of your • Rev Up Your life at the Community Earnings: Alternative Ways to Bankers Association of Enhance Revenue Georgia’s (CBA) 35th • Staying the Course: Regulatory Update; Annual Leadership Legislative Review; Division Convention and, ICBA Update & Mini-Trade Show, June 20 – 23, 2013, at • Accelerating Your Bank’s Growth the newly re-imagined Through Technology Omni Amelia Island • Spinning Your Wheels Over Real Estate Plantation Resort in Evaluations Amelia Island, Florida. • Much more! This year’s convention theme, “Driving Success,” offers a roadmap for success for you, your bank and your community. Both community bankers and financial services providers will benefit greatly from attending. In addition to great speakers and a fabulous location, attendees will hear from colleagues about the CBA Leadership Division (LD) initiatives, such as Children’s Healthcare fundraising, hosting golf tournaments to collect for CBA’s PAC/PR funds, and the drive to improve Economic Education through community outreach. The Saturday evening “Victory Lane” Chairman’s Family Dinner features activities for the kids and the announcement of the Big Bucks Bonanza Winner – it could be YOU! 8 | www.cbaofga.com | Spring 2013

Amelia

T RESOR 0-23, 2013 N O I T 2 A PLANT DAY | JUNE D N A L N - SU IA IS I AMEL | THURSDAY N M O THE , Florida Island

STARTING LINE (Tentative Agenda)

Get Into Gear

The CBA is known for its one-of-a-kind Mini-Trade Show offering bankers and exhibitors the opportunity to network in a time-efficient setting. Bankers can get up to speed on the latest products and services designed for community banks. Immediately following the Mini-Trade Show, the CBA will host a 30-minute refreshment “Refueling” break featuring networking and great prizes! The Mini-Trade Show is limited to 30 booths to secure your place now.

Fueled By Inspiration

The spectacular Omni Amelia Island Plantation Resort has recently completed an incredible $85 million renovation. The jewel of the expansive resort “reimagination” features a custom infinity edge adult pool just off the lobby cascading down to the splash-friendly family pool with two nearby hot tubs, a poolside bar and expanded new dining options - all with ocean views.

Prizes Galore!

Attend and be entered to win a cash prize on Friday and Saturday, an iPad from ServiceFirst Bank or two Super Tickets to the Petit Le Mans in October at Road Atlanta.

The resort offers three golf courses, designed by Pete Dye, Bobby Weed and Tom Fazio. Guests can enjoy an appointment at the Spa and Salon at Amelia Island Plantation, shopping in the village or dining at one of many restaurants on location. CBA rates include complimentary daily resort fee, self-parking, internet access, on-property transportation service, use of the health & fitness center, resort beach access and more.

Thursday, June 20th Afternoon Convention Registration LD Board Meeting Exhibitor Set-up Friday, June 21st Morning General Session Mini-Trade Show Rev Up Your Engines Refreshment Break with Exhibitors Afternoon Golf Tournament Evening At Your Leisure Saturday, June 22nd Morning Dawn Breakers’ Session General Session LD Reports ICBA Report Keynote Address Afternoon At Your Leisure Evening Victory Lane Chairman’s Family Reception & Dinner Sunday, June 23rd Departures

Register Today and Make Your Hotel Reservations! To register, call any CBA team member or go online, www.cbaofga.com. For hotel reservations, contact the hotel directly at (888) 261-6161. Be sure to mention you are with the CBA convention to obtain the discounted rates ($219/night for resort view; $259/night for ocean view) for single/double rooms. The group rate is available until Monday, May 20, 2013, or until the CBA block is full. To reserve your hotel room online, please visit http://www.omnihotels.com/FindAHotel/AmeliaIsland/MeetingFacilities/CBA6.aspx. S p r in g 2 0 1 3 | Ge o r g i a C o mm u n i t i es Fi r s t | 9

ERSH

LEAD NUAL

CON

MIN

Platinum Elite Sponsor

Sponsors

SION IP DIVI

N& VENTIO

E SHO D A R T I-

Platinum Sponsors

Silver Sponsors

Bronze Sponsor

Individual Event Sponsors Board Appreciation Reception

Registration Packet Saturday Break

Tote Bags

Exhibitors

Hotel Keys Cards

In-Room Gifts

Convention Signage

ACG, Inc. Dan Swain

CSRA Business Lending Randy Griffin

High Cotton Jeffrey Reeves

SHAZAM James Ghiglieri

banc-serv Partners, LLC Brad Crawford

DeNyse Companies Tim Luther

Marquis Mike Bartoo

BankSmart Jim Wilkson

Ellie Mae, Inc. Cedric Kalvesmaki

PULSE Mark Reda

Total System Services, Inc. (TSYS) Eddie Cawthorne

CFS, Inc. Mike Conlan

Executive Insurance Agency Ryan Sower

Renasant Mortgage Carol Martin

CRS Data Jason Pruitt 10 | www.cbaofga.com | Spring 2013

GACHA Jessica Rios

REPAY William Brakebill

Travelers Diana Baker Triad Financial Services Keith Stayer

HIGHLIGHTS:

412-13-15371-AD_7.5x10_v01mk_OL.indd 1

2/19/13 2:07 PM

Century Bank of Georgia Partners with Agencies to Donate $5,000 to Bartow and Gordon Counties Recovery Efforts

entury Bank of Georgia, Cartersville, partnered with United Way and American Red Cross to donate $5,000 to the recovery efforts for those in need following the tornado in Bartow and Gordon Counties. "We live in a great community that supports each other especially during times of need,” said David Caswell, Century Bank of Georgia President and COO. "Century Bank of Georgia wanted to give back to two of the communities that have supported us over the years during this time of recovery,” said Caswell. The partnership of Century Bank of Georgia and the American Red Cross of Northwest aided community residents and businesses in raising $32,000. Those wanting to assist can donate to the recovery account of their choice by visiting any Century Bank of Georgia location.

Highland Commercial Bank Partners with Reworx and Nobis Works for E-Recycle Event

Employees from Highland Commercial Bank, Marietta, at the successful E-recycle event.

ighland Commercial Bank, Marietta, and Reworx (a division of Nobis Works) teamed up to recycle electronic items for Cobb County residents. In a five-hour period, 165 units, or approximately 5,795 pounds were gathered. This event helped divert electronic equipment from landfills, and helped Nobis Works provide jobs for people with disabilities and other barriers to employment. Highland Commercial Bank thanks everyone who contributed to this event and looks forward to providing this service again in the near future.

Your next strategic move... CBA Compliance Program Membership Benefits:

One complimentary registration to attend quarterly classes across the state • Extensive manuals • Newsletters • Toll-free resource hotline • CPE credits • Discount pricing to attend other CBA compliance seminars/schools • Networking with Georgia community bank compliance professionals Contact education@cbaofga.com for more information.

12 | www.cbaofga.com | Spring 2013

Leadership Division Tours Children’s Healthcare

n February, members of the Community Bankers Association’s Leadership Division (LD) toured the Hughes Spalding facility, part of the Children’s Healthcare Organization.

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Pictured from left to right are: Clell Deaver, Atlantic Capital Bank, Atlanta; Peake Wilson, Community Bankers Association; and, Katherine Kay, Georgia Commerce Bank, Atlanta.

Each year, the CBA’s LD raises funds for Children’s Healthcare benefiting many facets of the organization. Touring the facilities is just one way to see how the funds are making an amazing difference in the lives of children all over the state. "Hughes Spalding is a place that certainly speaks to our mission-based work,” said Lucy Klausner, Senior Development Officer for Children’s Healthcare. "The work we do for the surrounding community is invaluable; and, we could not do this work without generous funders like you and your Association.”

125+

financial institution clients

If you would like to donate to Children’s Healthcare through the CBA, please email Peake Wilson at peake@cbaofga.com.

Community Banking Company of Fitzgerald Raises Over $3,700 For Children’s Healthcare

special Thank you goes out to J. Corey Gibbs, President & CEO of Community Banking Company of Fitzgerald, the bank and the Fitzgerald community for raising over $3,700 in February for Children’s Healthcare. The CBA Leadership Division’s 2013 fundraising goal for Children’s Healthcare is $30,000, and Corey, along with his friends, neighbors and customers, certainly proved the goal can be reached. If you are hosting a fundraising event and would like to share your stories, please contact Peake Wilson.

April Is Financial Literacy Month

eorgia’s community bankers are taking the lead in communities across the state with financial literacy programs aimed at small children, high school students, adults, and senior citizens. As April approaches, the Leadership Division of the Community Bankers Association of Georgia (CBA) wants to help our members help their communities. Financial Literacy Month provides numerous opportunities to reach out to schools, youth groups, senior centers, and other organizations, to promote wise money management. For the month of April, the CBA invites you to arrange presentations to organizations in your community. Keep the CBA informed and let us know what you are doing for your community! The Association will collect data on: 1) how many financial literacy presentations your bank is making; 2) the type of groups involved (Boy Scouts, seniors, schools, church, etc.); and, 3) how many people (both youth through age 17 and adult) are being reached by your bank. Each year, the CBA has used the number of overall economic education contacts reported by each division as a primary criteria in the selection of the Leadership Division of the Year, and in naming an individual banker as the Leadership

oney Smart Week® is a public awareness campaign designed to help consumers better manage their personal finances. This is achieved through the collaboration and coordinated effort of hundreds of organizations across multiple states including businesses, financial institutions, schools, libraries, not-for-profits, government agencies and the media. These groups come together once a year to stress the importance of financial literacy, inform consumers about where they can get help and provide free educational seminars and activities throughout the week. Programming is offered to all demographics and income levels and covers all facets of personal finance from establishing a budget to first time home buying to estate planning.

14 | www.cbaofga.com | Spring 2013

Division Representative of the Year. The winners are announced at the CBA’s Leadership Division Convention & Mini-Trade Show. The goal of the CBA Leadership Division is to end Financial Literacy Month with a news article about the success of the financial literacy outreach in April. For questions or more information, please contact Peake Wilson at (770) 541-0379 or peake@cbaofga.com. Following are a few financial literacy resources which can also be found under the “Resources/Financial Literacy” tab of the CBA website, www.cbaofga.com: • Federal Deposit Insurance Corp. “Money Smart”: www.fdic.gov/consumers/consumer/moneysmart • Federal Trade Commission “Money Matters”: www.ftc.gov/bcp/edu/microsites/moneymatters • Independent Community Bankers of America: www.icba.practicalmoneyskills.com • Georgia Council for Economic Education: www.gcee.org • Jump$tart Coalition: www.jumpstart.org/ jump$tart-clearinghouse.html • Junior Achievement: www.ja.org • National Endowment for Financial Education: www.nefe.org • EverFi: www.everfi.com

What is a Money Smart Partner? A Money Smart partner is an organization that has registered on the website and actively participates in Money Smart. Organizations are considered partners upon agreeing to one or more of the following: • Provide educational materials, instructors, or a seminar for consumers • Provide facilities to host events, sponsor events or promotional materials • Leverage resources to publicly support or endorse Money Smart Week To learn more about becoming a partner, please visit www.moneysmartweek.org.

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Grow your bank with us.

www.icba.org S p r in g 2 0 1 3 | Ge o r g i a C o mm u n i t i es Fi r s t | 15

2013 CBA WEBINARS Affordable, Professional Training, When and Where You Choose!

he CBA recognizes your schedule may not always is available to access at your convenience. The web link allow you to leave your office to participate in a face- consists of a recording of the live broadcast along with to-face program. One way to help you with this speaker handouts. The web link is available for six challenge is to participate in one or more of the months from the date of the webinar and may be over 100 webinars offered by the CBA each shared with other employees at no additional Register year! The webinars cover a variety of topics fee. Plus, a complimentary CD Rom is included. Today! designed for the frontline to the board room! Continuing Professional Education (CPE) credits Industry experts from across the nation with are available to participants. To learn more long-term, real-life, hands-on experience are about the topics being offered in 2013 and the selected to lead the webinars. For those who cannot various training options, please visit the CBA website attend the "liveâ&#x20AC;? broadcast, a web link training option or contact the CBA Education Department.

APRIL 2013 4/2 4/4

MAY 2013

Conducting Bank Business on Personal Mobile Devices: Impact & Risks

5/2

CFPB Guidance on Handling Consumer Complaints & Inquiries

ACH Rules Update 2013

5/3

How to Properly Complete & File Financing Statements: Including UCC Article 9 Rule Changes Effective July 1, 2013

5/7

The ALLL for Directors

5/8

Endorsement Decisions: Authority & Liability for Consumer & Business Checks

5/9

FFIEC Guidance on Cloud Computing: Considerations for Community Banks

4/9 Updated Guidelines for OREO 4/10

SAFE Act: Tracking, Renewing & Compliance

4/11

Compliance Rules the Front Line Must Know

4/15

Escrow Rule Changes for High-Priced Mortgages: Deadline June 1, 2013

4/16

UDAAP: Civil Money Penalties & Examiners' Findings on Unfair, Deceptive, or Abusive Acts or Practices

4/18

Maximizing Recoveries on Charged-Off Loans

5/14 Line-by-Line Loan Review Consumer, Commercial & Residential 5/15

Vendor Compliance Issues: Risk Management, Contracts & Accounting

4/23 The Agricultural Economic Landscape: Interpreting the Indicators

5/16

Legally Handling ATM & Debit Card Claims Under Regulation E

4/24

5/21

Real Estate Valuation: Beyond the Basics

5/23

Achieing a Successful IT Exam

Mobile Remote Deposit: Why, How & Best Practices

4/25 Notary Essentials & Legalities for Community Banks 4/30

HR Danger Zones: Regulations, Requirements & Best Practices to Keep You Out of Trouble

16 | www.cbaofga.com | Spring 2013

JUNE 2013 6/4

Compliance Rules Lenders Must Know

6/6

Real Estate Loan Workouts, Foreclosures, Short Sales & Deficiency Judgments

6/11 Collecting Decedentsâ&#x20AC;&#x2122; Accounts 6/13

Call Report Preparation: RC-R Risk-Based Capital

6/18 Accepting Powers-of- Attorney on Deposit Accounts 6/19

Regulatory Issues & Update for the Credit Analyst

6/20

Ability to Repay Part 1 - New Rules that Impact Your Policies & Products: Deadline January 10, 2014

6/25

Detecting Counterfeit Items & Fradulent ID for the Frontline

6/27

Bank Opportunities with Small Businesses: Growing Deposits, Loans & Fee Income

5/29 Handling ACH Origination Exception Issues 5/30 When is an Item Payable? Stop Payments, Return Items & More Note: Dates/Topics subject to change.

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I Love My

Community Bank Is Back

Allows Customers to Share Their Love of Their Banks The ICBA’s annual "I Luv My Community Bank” campaign has returned. This national marketing and communications campaign celebrates the love that customers have for their community banks. The campaign will run in conjunction with Community Banking Month in April. Testimonials and submissions from consumers will be accepted at www. iluvmycommunitybank.com and on the ICBA Facebook page from now until April 12. The top 10 testimonial finalists will be chosen by a panel of judges and announced on ICBA’s Facebook page on April 15, where bankers and consumers will be able to vote for their favorite through April 30. The top five winners, chosen by Facebook votes, will be announced on May 1 and they will receive one of five $500 gift cards, courtesy of ICBA.

f your goal is to target top decision makers in Georgia’s community banking industry, you will find the CBA offers numerous advertising and sponsorship opportunities throughout the year. Advertising in the Georgia Communities First magazine, CBA Today eNewsletter, Georgia Financial Directory, or

on the CBA website will keep your name in front of bankers on a regular basis. Sponsorships at the CBA offer a world of benefits including recognition before, during and after a CBA event. Combine advertising and sponsorships to enjoy even greater savings! For more information, contact Lindsay Greene at lindsay@cbaofga.com.

Influence Your future! Join more than a thousand community bank colleagues from across the nation at ICBA’s 2013 Washington Policy Summit. You will engage with your Members in Congress, influence important issues of public policy and hear firsthand from the nation’s top banking and financial leaders. The time is here. The time is now. register

today.

Wednesday, April 24 – thursday, April 25 Omni Shoreham Hotel, Washington, DC

For more details and to register visit: www.icba.org/WPS13 Guest Speaker

rep. Jeb Hensarling (R-TX) Chairman, House Financial Services Committee

Guest Speaker (invited)

Sen. Sherrod Brown (D-OH) Chairman, Financial Institutions and Consumer Protection Subcommittee, Senate Banking Committee

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Governor Nathan Deal Proclaims April as Community Banking Month

pril is Community Banking Month; and, the Community Bankers Association of Georgia (CBA) and community banks across Georgia are recognizing the unique spirit that makes community banks the foundation of their communities in cities and towns throughout the state. Annually, community bankers across the country have come together during this month to inform the public of the important economic and social contribution their banks make in their hometowns. Governor Nathan Deal recently proclaimed April 2013 as Community Banking Month in Georgia.

"The 220 community banks in Georgia are passionately committed to serving their customers and their communities," said Dan Oliver, President & CEO, Vinings Bank, Smyrna, and 2012-2013 Chairman of the CBA. "They spend countless hours and provide invaluable resources throughout the year to make their communities a better place to live and work. Community Banking Month gives the CBA and its community bank members across the state a chance to thank their customers and celebrate the communities they so proudly serve."

(Left to right) Charlie Watts, CBA Lobbyist; Steve Bridges, CBA Executive Director of Legislative & Regulatory Affairs; Joe Gore, President & CEO, First State Bank, Wrens, CBA Board Member; Dale Morris, President & CEO, First National Bank of Coffee County, Douglas, CBA Vice Chairman; Governor Nathan Deal; Dan Oliver, President & CEO, Vinings Bank, Smyrna, CBA Chairman; Carolyn Brown, CBA President & CEO; Charlie Curry, President & CEO, First State Bank of Randolph County, Cuthbert, CBA Chairman-Elect; and, Ed Cooney, President & CEO, Affinity Bank, Atlanta, CBA Treasurer.

"Community banks are an integral part of the economic, financial and civic fabric of hundreds of towns and cities in Georgia,” commented Carolyn Brown, President & CEO of CBA. "Community banks continue to work hard every day to improve the quality of life in their communities because they are part of their community — a uniqueness only community banks can bring to the table. We appreciate Governor Deal taking the time to meet with representatives from the CBA to recognize the significant impact community banks are making across Georgia.”

Free Community Banking Month Materials

Now Available Again this year, the CBA is offering FREE promotional items, which are available for download at www.cbaofga.com. • • • •

Press release for member banks to distribute to local media Signed proclamation from Governor Nathan Deal declaring April 2013 Community Banking Month Community Banking Month promotional ideas Community Banking Month employee fact sheet

Let us know how your bank plans to celebrate Community Banking Month with your customers and in your community. Post on our Facebook page or Linkedin group page. Contact Lindsay Greene at (770) 541-0376 or lindsay@cbaofga.com. S p r in g 2 0 1 3 | Ge o r g i a C o mm u n i t i es Fi r s t | 21

Donâ&#x20AC;&#x2122;t Miss These Educational & Networking Opportunities! The Southeast Bank Chairman's Summit Tuesday, May 7, 2013 The Ritz Carlton Lodge 1 Lake Oconee Trail | Greensboro, Georgia 30642 (706) 467 - 0600

ign up today! For too long, the role of the Chairman of the Board of a financial institution has generally been undefined. This Summit will help answer those questions. This NEW program is an open forum dialog discussion among bank Chairmen from across the state. This format allows an opportunity for you to pick up techniques and trends used by other Chairmen to lead their organizations.

The Chairman's Summit will be facilitated by Philip K. Smith of the legal and consulting firm Gerrish McCreary Smith. Jeff Gerrish, Chairman of the Board of Gerrish McCreary Smith Consultants, LLC will also speak at the Summit. For more information and to register, visit www.cbaofga.com or contact the CBA Education Department at education@cbaofga.com. Please note the deadline to receive the CBA discounted hotel reservations as soon as possible. We look forward room rate is Friday, April 19, 2013, or until the room to seeing you at the beautiful Ritz-Carlton Lodge at block is full. We encourage you to make your hotel Reynolds Plantation!

Community Bank Marketing Conference October 3 & 4 Itâ&#x20AC;&#x2122;s back! The CBA is pleased to announce the only marketing conference designed specifically for community banks will be held October 3 & 4, 2013, at Lake Lanier Islands. Digital Marketing | Social Media| Mini-Expo | Branding | Loan Growth |Media Relations | Much More!

For more information, contact Lindsay Greene at lindsay@cbaofga.com or (770) 541-0376. 22 | www.cbaofga.com | Spring 2013

C R E DIT R I S K

Boot CamP Weekly Webinar Series

May 1 | May 8 | May 15 | May 22

Thursday, May 16, Thursday, August 15, and Thursday, November 14, 2013* Maggiano's Little Italy at Cumberland Mall, Atlanta

his education and networking luncheon forum is designed specifically for community bank Special Assets Professionals. Having an experienced, capable Special Asset Professional to manage and oversee the bank's special assets and to stay current on industry standards and best practices is extremely important during these challenging times. One way to stay abreast of industry standards and best practices is to network with other Asset Servicing

Professionals. GRASP is designed to promote networking opportunities and offer additional benefits to CBA members involved in the origination, perfection and servicing of collateralized assets, loss mitigation and special assets. GRASP is chaired by M. Todd Westfall, Esq. of Howick, Westfall, McBryan & Kaplan, LLP. The CBA invites you to register today for one or all of the remaining forums. To learn more about the guest speakers and topics, visit www.cbaofga.com or contact the CBA Education Department at education@cbaofga.com. * Dates and location subject to change. S p r in g 2 0 1 3 | Ge o r g i a C o mm u n i t i es Fi r s t | 23

Southeast Financial Workplace Law & Compliance Program

“Noon-Time” Webinar Forums Plus Two Workshops and One Annual Conference Planned in 2013

he CBA, in partnership with Ray Stanford of SIO Law The workshop speakers will discuss the Executive Group, offers the Southeast Financial Workplace branches new legal mandates in the context of Law & Compliance Program (WPLC) in conjunction traditional HR functions: staffing, compensating, managing, separating, with the Southeastern Financial Consortium (“SEFICON”). This 2013 Southeast Financial Workplace Law & Compliance and administering a workforce. popular program is designed for Program Schedule financial human resource (HR) Please SAVE THE DATES “Noon-Time” Webinars: professionals and others with for the 2013 forums, February 26, March 26, April 23, June 25, July 23, August 27, responsibility for the workplace. workshops and annual October 22, November 26, December 17 conference and make 2013 will continue to be a year “Face-to-Face” Workshops: of regulatory action with new Workshop I: Thursday, May 16-Brickyard at Riverside, Macon; plans now to attend these events. The CBA layers of workplace requirements Thursday, May 23-SIO Law Group, Atlanta also invites you to for community banks. The CBA believes this program provides Workshop II: Thursday, December 5, Idle Hour Club, Macon become a member of Thursday, December 12, SIO Law Group, Atlanta this cost-saving program a useful business advantage Annual Conference and to take advantage for community banks at a time of sending one person when questions demand prompt, Thursday-Friday, September 26-27, Atlanta complimentary to the appropriate, and accurate 2013 programs. To learn more about how to become answers. On May 16 in Macon and May 23 in Atlanta, the a member and to register for the forums, workshops Southeast Financial Workplace Law & Compliance and conference, please contact Jodi Swilley at or Donna Coutant at Program presents a one-day workshop entitled "The jodi@cbaofga.com donna@cbaofga.com or visit www.cbaofga.com. Administration’s 2013 Agenda for the US Workplace."

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April & May Compliance Program to Cover Recent CFPB Mortgage Final Rules Two-Day Program Held in Five Convenient Locations Across the State

he Consumer Financial Protection Bureau (CFPB) recently released final rules for High Price Mortgage Loans (HPML) Escrows and Restrictions; Ability to Repay/Qualified Mortgages; Appraisals for HPMLs, and Mortgage Servicing. The CBA in partnership with our compliance provider, Professional Bank Services (PBS), is pleased to announce training plans to cover the details of these changes. During April & May, senior consultants from PBS will hold two-day training seminars across the state in five convenient cities. The CBA invites you to register today for this one-of-a-kind program designed specifically for community bankers. The CBA also encourages you to renew your CBA Compliance Program membership prior to April 2013 in order for you to send one person complimentary to one of these two-day programs and to the 3rd and 4th quarter compliance programs. The 3rd and 4th quarter

compliance programs will be held in September and December in five cities. The 3rd Quarter topic is “The Bank Secrecy Act (BSA)” and the 4th Quarter topic is “Georgia Deposit Documentation.” To learn all about the many benefits of this cost-saving program and to become a member, visit www.cbaofga.com or contact the CBA Education Department at education@cbaofga.com.

April & May Compliance Program Schedule Monday-Tuesday, April 22-23 - Rome Tuesday-Wednesday, April 23-24 - Duluth Wednesday-Thursday, April 24-25 - Brunswick Tuesday-Wednesday, May 14-15 - Albany Wednesday-Thursday, May 15-16 - Macon

Is your bank hosting a fun event or honoring someone in your community? Send us your news and you could be featured in a future issue of Georgia Communities First magazine! S p r in g 2 0 1 3 | Ge o r g i a C o mm u n i t i es Fi r s t | 25

CBA's 2013 Schools & Conferences Commercial Lending School (4 ½ days) Monday-Friday, March 11-15, 2013 The Julian Hester Training Center at CBA Headquarters, Atlanta

The Southeast Bank Security Management Conference (2 days) Tuesday-Wednesday, March 26-27, 2013 The Westin Buckhead, Atlanta

The Southeast Bank Chairman’s Summit Tuesday, May 7, 2013 The Ritz-Carlton Lodge, Greensboro

The Subchapter S Corporation Conference Tuesday, May 21, 2013 Bryan Cave Law Office, Atlanta

Advanced BSA Officer School (3 ½ days) Tuesday-Friday, July 30- August 2, 2013 The King & Prince Golf & Beach Resort, St. Simons Island

4th Annual Bank Directors’ College Tuesday, August 14, 2014

4th Annual Southeast Financial Workplace Law & Compliance Conference

Consumer Lending School (4 ½ days)

Thursday-Friday, September 26-27, 2013-Atlanta

Monday-Friday, May 13-17, 2013 The Julian Hester Training Center at CBA Headquarters, Atlanta

Information Technology Security Conference (1 1/2 days)

The BSA Officer School (3 days) Tuesday-Wednesday, May 21-23, 2013 The Julian Hester Training Center at CBA Headquarters, Atlanta

Thursday - Friday, October 10-11, 2013 Savannah, GA

8th Annual Compliance School Monday-Thursday, October 21-24, 2013 Brasstown Valley Resort & Spa, Young Harris

Note: Dates and locations are subject to change. Additional schools and conferences may be added to the 2013 calendar. For the most current listing, visit www.cbaofga.com or contact the CBA Education Department at education@cbaofga.com.

Lifetime Service Awards The CBA is proud to present the Lifetime Service Award to bankers who have devoted 30 or more years of service to the banking industry and who have been heavily involved in their community. The Association is extremely grateful to these individuals who have served as a role model to the banking community. Honoring them is a small token of CBA’s appreciation for their efforts to the banking industry. As part of the recognition, honorees receive a commemorative plaque, and the CBA will feature the honorees in various CBA publications, as well as the local media. Honorees with 50 or more years of service receive a customized gold pin. If you or someone in your bank is celebrating 30 or more years of service, please let the CBA know in order for us to recognize you and /or your staff at future events and in our publications by August 1, 2013. Email Peake Wilson at peake@cbaofga.com for more information. 26 | www.cbaofga.com | Spring 2013

Deadline Approaching for CBA’s Memorial Scholarships The Julian & Jan Hester Memorial Scholarship, presented by Community Bankers Association of Georgia, is your bank’s opportunity for FREE publicity. This scholarship is offered to Georgia high school seniors planning on entering a Georgia college, university or two-year or more technical school in the fall semester of 2013. T h e J . S t e v e n W a l r a v e n Scholarship is designed for full-time community bank employees continuing t h e i r e d u c a t i o n a t a G e o r g i a c o l l e g e o r university.

The deadline for all banks to submit their applications to CBA is

April 12, 2013. Contact Lindsay Greene (Lindsay@cbaofga.com) for more information on either of these scholarships or visit www.cbaofga.com.

Thanks to You - CBA Education Foundation is Fully Funded Special thanks to Pat Blanchard, Vice Chairman, First Bank of Georgia, Augusta, and CBA of Georgia Education Foundation Chairman as well as all who contributed to the CBA Education Foundation. Through the Julian & Jan Hester Memorial Scholarship Program, the Association has been awarding at least four $1,000 scholarships annually to deserving Georgia high school students since the Scholarship Program was started in 1991. "Reaching this aggressive goal of $360,000 to fully fund the Education Foundation means the Scholarship Program will be completely self-sufficient, giving support to generations of Georgia’s students in the future,” commented Carolyn Brown, President and CEO of the CBA. "Julian and Jan Hester exemplified involvement in their community and it is rewarding to know we can continue to honor their memory. We are extremely appreciative of Pat’s efforts over the years as Chair of the Education Foundation and to all of the banks and organizations who supported this lasting tribute.”

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EVOLVING BANKING STRATEGIES IN THE AGE OF UNIVERSAL COMMERCE Neal Korzekwinski Senior Vice President of Strategic Partner Sales and Management First Data A CBA Associate Member

he lines between in-store commerce, eCommerce and mobile commerce are blurring. In short, consumers are embracing the vision of Universal Commerce, or the new economic environment where increased information and access to sophisticated technology are transforming today’s commerce. The byproduct of Universal Commerce is the ability to seamlessly blend and coordinate payments across online, offline and mobile channels. For consumers, this means a seamless payment experience on any device, at any time. Financial institutions (FIs) not only engage directly with consumers who purchase and use their financial services, they engage with small businesses to offer services and merchantbranded payment products. To remain competitive, they need to adapt but also work to enable the commerce strategies of their small business customers. FIs recognize that customers seek an experience that fits their individual needs and works seamlessly across channels. Creating a uniform, integrated experience incorporating inperson, online, mobile and electronic banking and payments can translate into the type of customer loyalty that all Georgia banks are looking to secure.

Small Businesses FIs must economically and efficiently capitalize on the potential of processing for small businesses. For institutions that don’t already offer a small business services program, the time is now to begin identifying viable options. Banks in particular have an opportunity to actively participate in the payment side of Universal Commerce and integrate their own service offerings into solutions for business customers. Catering to Small Business Customers In today’s banking and payments landscapes, noncash payments are a significant component of most businesses’ receivables. As a result, FIs would be best served offering small business customers a full range of products, including e-commerce and mobile commerce solutions. Mobile technology in particular can give any FI an edge over its competitors and increase customer loyalty. Data Security FIs should consider what a smart card implementation might mean to businesses and look into options for issuing new chip-based credit and debit cards to their customers. Specifically, implementing technologies like chip-based security can protect transactions for both physical cards and virtual wallets. Tokenization strategies have also gained popularity in recent years. Taking a layered approach to fraud and security offers the most effective consumer protection. Looking Forward Universal Commerce now provides the FI community with opportunities to assert themselves in the Georgia marketplace. Improved small business customer services will yield higher productivity with other bank lines. Banks can obtain market share with merchant acquiring services, building loyalty and driving revenue in the process.

These strategies should revolve around small businesses, their customers and protecting the security of both. S p r in g 2 0 1 3 | Ge o r g i a C o mm u n i t i es Fi r s t | 29

IT’S TIME FOR IMPROVED EFFICIENCY AND REDUCED OPERATING COSTS! Jim Wilkson President BankSmart A CBA Endorsed Member Company

savings to adopt new technology, like mobile banking or eStatements, which may not have been previously affordable. A few banks have decided to scrap their old technology environment and implement newer, integrated solutions and actually spend less money in their new environment than they would have with their older, less efficient processing platforms.

Often bank executives don’t know the intricacies of data processing fee structures and competitive pricing ver the last several years many banks in the processing vendor space. Sometimes ¼ or ½ have been forced to focus on addressing of a cent on line items being charged by vendors can loan problems and increased regulatory have thousands of dollars of impact over the life of a requirements. Consequently, they processing contract. When all of the processing services haven’t been able to focus on reducing a bank utilizes are professionally negotiated, the overall operating costs, improving workflows, and technology impact can be tens or even hundreds of thousands utilization for better operational performance. In of dollars in savings a year! Recently, community order to compete, community banks need to cut banks ranging from $85 to $500 million in size have costs and be able to operate more saved between $40,000 and efficiently so their staff can focus on $200,000 a year as the result enhancing their customer service and of BankSmart’s services – and grow the bank without adding staff. those savings carry on every year throughout the term of Every community bank has their new contracts. If your opportunities for improved processing agreements expire operational efficiency and potential within 24 months, hiring an for reduced operating expenses. experienced, professional In many cases the bank already consultant with a combination has access to technology that can of real life community banking automate or streamline some of experience, professional their workflows without substantial and productive relationships cost. Outside experts can provide the with processing vendors, bank fresh insight on opportunities and a strong knowledge to improve operational workflows, of vendor capabilities and suggest updated technology that will competitive pricing can improve operational performance, be - as one banker put it and assist with evaluating and negotiating with “transformational” for your bank. existing or new vendors for improved pricing. In most cases, banks are able to maintain their existing processing vendor relationships, but may change some of their operational processes and implement some newer technology at the time their contracts are professionally renegotiated. It’s not uncommon to see banks decide to use the newly negotiated cost

30 | www.cbaofga.com | Spring 2013

HOW BANKS CAN SAFELY EMBRACE BRING YOUR OWN DEVICE Dale Gonzales, Product Strategist Dell SecureWorks A CBA Endorsed Member Company

anks and other financial service firms are embracing Bring Your Own Device (BYOD), as it allows senior executives and employees to use for work and pleasure the mobile devices, service providers and operating platforms of their choice.

a VPN, users bypass security systems that protect the network from outside threats. If an employee connects her personally owned device that has malware on it to the corporate network, that malware could migrate to the network. This is because network protections are typically configured to focus on preventing access from external computers and pay no attention to the traffic between two computers already inside the network. Banks should never allow a personally owned device (mobile phone, laptop, tablet) or any USB stick to connect to a USB port on a company computer or to a company network cable or connect through the VPN or any wireless channel. If there is malware on any of those devices, it could infect the company network.

While BYOD programs can increase productivity, they However, BYOD can work safely. Virtual systems can can also present challenges to maintaining control be deployed, allowing employees to interact on their personally owned over corporate data. Banks computers with using or evaluating a BYOD plan corporate applications should consider security issues and data without being and industry regulations such directly connected to as Payment Card Industry Data the company network. Security Standards (PCI DSS) or GLBA, which could affect how To address the employees may use their devices. countless regulations, configurations, Your IT department should compliance risks and assess the interoperability of chose a BYOD program the various devices that may be that would best suit used by employees to ensure your organization, itâ&#x20AC;&#x2122;s they can send and receive data without any negative impact to the corporate network. wise to work with an information security specialist. IT should know which types of phones support For more info, visit www.secureworks.com/1/CBAGA. the virtual private network (VPN) specifications required for a secure connection. IT, or your mobile device management company, should understand the security requirements for the devices and their operating systems, as well as which applications are secure and approved for access on the devices. When personally owned computers connect to the company network either inside the office or through

S p r in g 2 0 1 3 | Ge o r g i a C o mm u n i t i es Fi r s t | 31

PLANS THAT BIND Vania Smith Allen Associate Macey, Wilensky, Kessler & Hennings, LLC A CBA Associate Member

of a plan’s terms and failed to object. Any issues contained in a plan that may conceivably impact a creditor’s rights must be addressed before the plan is confirmed. Afterwards, it may be too late. 11 U.S.C. § 1327(a).

In re Bethoney, 384 B.R. 24 (Bankr. D. Mass. 2008).

ractically speaking, a plan of reorganization may contain virtually anything. Under a plan, a debtor may attempt to discharge debt, value collateral or even establish findings of fact that normally require a trial. This is so because the confirmation procedure calls for a debtor to propose a plan, and leaves it in the creditors’ hands to object. If the creditor does not object, the creditor may be bound to all of the terms of the plan.

The Bankruptcy Code allows a plan of reorganization to have a broad effect on creditor claims. “The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan.”1 Orders of confirmation of a Chapter 13 bankruptcy plan are considered final judgments. The binding effect of a confirmed plan extends to any issue litigated among the parties and to any issue that was necessarily determined by a bankruptcy court in deciding to confirm the plan. Some courts will limit the effect of confirmation of the plan, and will not allow a debtor to accomplish through plan confirmation something that would otherwise contradict the Bankruptcy Code or violate due process rights2. However, other courts will only revoke a confirmation order once it is entered for fraud, and hold that failure to object to the plan is the equivalent of acceptance of the plan3. In the Eleventh Circuit, a plan of reorganization will be binding, even if it contains provisions that do not comply with the Bankruptcy Code.4 There is a strong bias in the Bankruptcy Courts to enforce confirmation orders if a creditor had notice 32 | www.cbaofga.com | Spring 2013

In re Szostek, 886 F.2d 1405 (3d Cir. 1989).

Universal Am. Mortgage Co. v. Bateman (In re Bateman), 331 F.3d 821, 822 (11th Cir. 2003) (indicating that a secured creditor, who has failed to object to the plan or to appeal from it, cannot collaterally attack a confirmed plan even though it may not comply with the mandatory provisions of the Code).

Watch for CBA's 2013 Georgia Financial Directory! All CBA members receive one complimentary copy.

Order your copy today!

Additional copies are $45 for members; $75 for non-members Official Publication of the Community Bankers Association of Georgia

IT ALL ADDS UP

CBA Endorsed Member Companies Superior Products â&#x20AC;Ś Significant Discounts When itâ&#x20AC;&#x2122;s time to research new service providers or rethink current ones, your first call should be to the CBA of Georgia. Each of the Endorsed Member Companies below has already earned the seal of approval from the CBA members. Many offer special pricing to CBA members. Explore the revenue-enhancement opportunities with these vendors and improve your bottom line! ACG | Currency Counting Program Phil Winn | phil@acg.us.com | (770) 442-9800

Harland Clarke | Check Program/Financial Solutions Ryan Busenitz | ryan.busenitz@harlandclarke.com | (787) 923-3402

Banc Consulting Partners | Executive Benefits/BOLI Brian Miller | bmiller@yourbankpartner.com | (770) 485-8559

IMPACT Financial Services | Overdraft Privilege Program Bob Flowers, Jr. | bflowers@impactfinancial.com | (770) 477-9452

banc-serv Partners, LLC | SBA Loans, Packaging, Sales & Servicing Brad Crawford | bcrawford@banc-serv.com | (317) 664-5247

PULSE | Debit Network Program Mark Reda|markreda@pulsenetwork.com | (800) 854-2210

BankersEdge | Online /DVD Training Program Nora Ebersbach | nebersbach@bankersedge.com | (314) 542-6493

Sageworks | Cash Flow Analysis Jessica Ballard| jessica.ballard@sageworks.com | (866) 603-7029 ext. 602

BankSmart | Bank Operations/Vendor Management Jim Wilkson | jwilkson@banksmartusa.com | (813) 774-8000

SHAZAM | Debit Card/EFT Processing Mark Fucci | mfucci@shazam.net | (866) 644-9314

Computer Services, Inc. | Web@Work Portal for Directors/Employees Bill Evers | Bill.Evers@csiweb.com | (800) 545-4274 ext. 19224

SNL Financial | Financial Industry Data Julie Jones| jjones@snl.com | (434) 951-4419

Corporation Service Company | UCC/Lien Searches Ceila Corradin | ccorradin@csinfo.com | (800) 927-9801 ext. 3439

Southwest Financial Services, Ltd. | Flood Determination Insurance & Appraisal Management Stephanie Bennett | stephanie.bennett@sfsltd.com | (513) 621-6699

Give us a call at (770) 541-4490 or (800) 648-8215 or visit CBA online at www.cbaofga.com. S p r in g 2 0 1 3 | Ge o r g i a C o mm u n i t i es Fi r s t | 33

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