Thursday, September 10
8:00 a.m.
Optional Event
Golf Tournament at Royal Links Golf Club
Sponsored by Snell & Wilmer, LLP
9:00 a.m.-5:00 p.m.
American Board of Certification Exams
3:00-6:00 p.m.
ABI Registration Desk Open
5:00-6:00 p.m.
Emerging Leaders and Judges Roundtable (invite only)
Private roundtable for up-and-coming insolvency professionals and the judges in attendance.
6:00-8:00 p.m.
Opening Reception
Sponsored by Development Specialists, Inc., Gordon Silver, KCC and Perkins Coie LLP
Friday, September 11
7:00 a.m.-5:00 p.m.
ABI Registration Desk Open
7:30-8:00 a.m.
Networking Breakfast
Sponsored by Alvarez & Marsal Restructuring and Corporate Finance and McGlinchey Stafford, PLLC
8:00-9:30 a.m.
Very Good Debates
John W. Lucas, Moderator
Pachulski Stang Ziehl & Jones LLP; San Francisco
Judicial Debate
Resolved: The “disinterestedness” requirement should be strictly enforced under § 327 (no waivers or ethical walls).
Pro: Hon. Randall L. Dunn
U.S. Bankruptcy Court (D. Or.); Portland
Con: Hon. Madeleine C. Wanslee
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Business Debate
Resolved: Acceleration of a debt obligation under a credit agreement should act to prevent the lender from enforcing a prepayment premium
Pro: Lori Sinanyan
Jones Day; Los Angeles
Con: Michael H. Strub, Jr.
Irell & Manella LLP; Newport Beach, Calif.
Consumer Debate
Resolved: Attorneys should be permitted to unbundle services under an engagement agreement with a consumer debtor.
Pro: Samuel A. Schwartz
The Schwartz Law Firm, Inc.; Las Vegas
Con: John R. Bollinger
Boleman Law Firm, P.C.; Hampton, Va.
9:30-9:45 a.m.
Coffee Break
Sponsored by Loeb & Loeb LLP
9:45-11:00 a.m.
Concurrent Sessions (4)
Cutting-Edge Issues in Retention and Fee Applications
This panel will address disclosure issues relating to disinterestedness, compensation and reimbursement requirements, compensation of fees incurred defending fee applications, and flat-fee arrangements between chapter 7 debtors and counsel, and other issues.
Jordan A. Kroop, Moderator
Perkins Coie LLP; Phoenix
Jason S. Brookner
Gray Reed & McGraw, P.C.; Dallas
Tracy Hope Davis
Office of the U.S. Trustee; San Francisco
Hon. Randall L. Dunn
U.S. Bankruptcy Court (D. Or.); Portland
Casino and Gaming Issues in Chapter 11 Cases
This panel will discuss the first-day orders necessary to keep a casino open (including regulatory interplay), including motions related to chips, loyalty programs and progressive play. Featured will be a discussion of the issues related to valuation and the extent of security interests, including cash as proceeds of gaming collateral and perfection of bankroll, along with issues related to plan confirmation and § 363 sales, including regulatory limitations and protection of customer lists.
Thomas R. Kreller, Moderator
Milbank, Tweed, Hadley & McCloy LLP; Los Angeles
Rudy J. Cerone
McGlinchey Stafford PLLC; New Orleans
Jeffrey R. Truitt
FTI Consulting, Inc.; Los Angeles
Hon. Gregg W. Zive
U.S. Bankruptcy Court (D. Nev.); Reno
Litigation In the Bankruptcy World – Selected Hot Issues
While case flings are down, the disputes that rage on in the cases have continued on. The panel will address three (3) selected litigation issues impacting the process: (a) Discovery Matters In Bankruptcy Cases – “Get to the point, get there quickly, get there cost effectively, and get the facts and documents organized”; (b) Expert Witness Matters – “If they know more than you, they must be an expert – right?” Bankruptcy Judges are becoming more discriminating (and more selective) in who and what is a proper expert and the purview of expert testimony. The panel will discuss and explore the Daubert criteria for experts, and discuss practical and strategic issues related to the effective use of expert testimony in bankruptcy litigation; and (c) Examiner Reports In Bankruptcy Litigation – we paid a lot of money and used up a lot of time on this report – now what? The legal and strategic issues related to examiner reports in bankruptcy cases.
Thomas J. Salerno, Moderator
Stinson Leonard Street LLP; Phoenix.
Hon. Bruce T. Beesley
U.S. Bankruptcy Court (D. Nev.); Reno
Colleen M. Keating
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Howard Jay Steinberg
Greenberg Traurig, LLP; Los Angeles
Hot Consumer Bankruptcy Topics
This year’s hot topics will include two cases currently pending before the U.S. Supreme Court: the Caulkett decision concerning lien-stripping on primary residences in chapter 7 cases, and the Harris case regarding distribution of funds held by a chapter 13 trustee upon conversion to chapter 7. The panel will discuss a new Ninth Circuit BAP decision, one of only two in the country, concerning the dischargeability of certain student debts to for-profit institutions, as well as an emerging trend of using the Eleventh Circuit Crawford decision and the FDCPA to challenge “stale” proofs of claim for student debt. The presentation will address lenders refusing to retake abandoned collateral, as well as conflicting results from disposable-income tests, and other issues that will be of interest to those representing parties in consumer cases.
Claire Ann Resop, Moderator
Steinhilber, Swanson & Resop; Madison, Wis.
Ariane Holtschlag
The Law Office of William J. Factor, Ltd.; Chicago
Shelley D. Krohn
Shelley D. Krohn, Ltd.; Las Vegas
Hon. Paul Sala
U.S. Bankruptcy Court (D. Ariz.); Phoenix
11:00-11:15 a.m.
Coffee Break
Sponsored by Gavin/Solmonese LLC
11:15 a.m.-12:30 p.m.
Concurrent Sessions (4)
Hot Topics in Chapter 11
This panel will address a variety of issues in chapter 11 cases, including cramdown interest rates, credit-bidding and equitable mootness, among other issues.
James T. Markus, Moderator
Markus Williams Young & Zimmermann, LLC; Denver
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Marc Bilbao
Imperial Capital, LLC; Los Angeles
Carolyn J. Johnsen
Dickinson Wright PLLC; Phoenix
Justin E. Rawlins
Winston & Strawn LLP; Los Angeles
Criminal and Civil Investigations of Corporate Debtors and Management
This panel will discuss the ways that companies and their advisers can address issues relating to governmental agency investigations (SEC, FBI, IRS) of the debtor and its management, including nondebtor stays, exceptions to discharge and other issues.
Cathy L. Reece, Moderator
Fennemore Craig, P.C.; Phoenix
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Kevin D. Evans
Armstrong Teasdale LLP; Denver
Ronald A. Zahn
Western Forensic Services LLC; Phoenix
How to Prepare Corporate and Individual Debtors for Bankruptcy
This panel will address various pre-bankruptcy planning issues for counsel to consider in preparing corporate or individual debtors for a filing of a case under chapter 7 or 11. Featured will be a discussion on legal, ethical and practical considerations in connection with the initial interviews of potential debtors, preparation of the bankruptcy filing, and preparation of the debtor for what is to follow once a case is commenced.
Peter J. Gurfein, Moderator
Landau Gottfried & Berger LLP; Los Angeles
Jessica C.K. Boelter
Sidley Austin LLP; Chicago
Ford Elsaesser
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho
Daniel R. Williams
Fenix Financial Forensics LLC; Scottsdale, Ariz.
Intersection Between Bankruptcy and Nonbankruptcy Law
Chaos erupts when a bankruptcy case collides with different spheres of the law. Bankruptcy lawyers continuously have to consider other legal areas in the course of their practice. Your clients routinely seek your guidance because of legal problems arising from other legal matters, ranging from divorce to real estate to commercial litigation. This presentation will assist you in rendering proper legal advice.
Randy Nussbaum, Moderator
Nussbaum Gillis & Dinner, P.C.; Scottsdale, Ariz.
Hon. Eddward P. Ballinger, Jr.
U.S. Bankruptcy Court (D. Ariz.); Phoenix
John G. Loughnane
Nutter McClennen & Fish LLP; Boston
Brian D. Shapiro
Law Office of Brian D. Shapiro; Las Vegas
12:30-1:15 p.m.
Networking Luncheon
Sponsored by Engelman Berger, PC, Jefferies LLC, Schnader Harrison Segal & Lewis LLP and Winston & Strawn LLP
1:15-2:15 p.m.
Luncheon Keynote: Oscar Goodman, Former Mayor of Las Vegas
2:15-3:30 p.m.
Concurrent Sessions (3)
“Top 10” Changes to Asset Sales Under § 363 of the Bankruptcy Code
This panel will discuss current issues in the stand-alone asset sale process and propose ways that this process can be improved to address the competing interests of the constituencies in a bankruptcy case.
Rob Charles, Moderator
Lewis Roca Rothgerber LLP; Tucson, Ariz.
Hilary L. Barnes
Allen Maguire & Barnes, PLC; Phoenix
Oren B. Haker
Stoel Rives LLP; Portland, Ore.
Hon. Margaret M. Mann
U.S. Bankruptcy Court (S.D. Cal.); San Diego
Professionalism
“So, a lawyer, a judge, and two ABI Presidents walk into a bar….” This panel on professionalism will be designed as a roundtable discussion on professional conduct within the world of bankruptcy. The panelists will discuss ABI’s Principles of Civility and engage the audience in a thoughtful discussion about managing professional relationships with clients, opposing counsel/parties, and the court.
Patrick A. Clisham, Moderator
Engelman Berger, PC; Phoenix
Hon. Daniel P. Collins
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Patricia A. Redmond
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.; Miami
James Patrick Shea
Armstrong Teasdale LLP; Las Vegas
Avoiding Malpractice in Consumer Cases
This panel will address various ethical and substantive issues that can arise when representing consumer debtors.
Karen L. Kellett, Moderator
Armstrong Kellett Bartholow P.C.; Dallas
Hon. August B. Landis
U.S. Bankruptcy Court (D. Nev.); Las Vegas
Allan D. NewDelman
Law Office of Allan D. NewDelman, P.C.; Phoenix
Lenard E. Schwartzer
Schwartzer & McPherson Law Firm; Las Vegas
3:30-3:45 p.m.
Refreshment Break
Sponsored by Proskauer and Shumaker, Loop & Kendrick, LLP
3:45-5:00 p.m.
Concurrent Sessions (2)
Oil & Gas Industry-Specific Bankruptcy Issues
With low energy commodity prices the new reality, E&P companies are being forced to restructure their balance sheets — both in and out of court. This panel will discuss legal issues that are crucial to advising a client in E&P restructurings and how those issues may shape your strategy, including oil and gas leases as absolute conveyances and the protection of royalty-holders; ORRIs, NPIs and production payments; plugging and abandonment liability; M&M liens; borrowing bases under RBL credit facilities; and joint operating agreements.
Frank A. Merola, Moderator
Stroock & Stroock & Lavan LLP; Los Angeles
Dean E. Swick
Alvarez & Marsal; Century City, Calif.
Hon. Barbara J. Houser
U.S. Bankruptcy Court (N.D. Tex.); Dallas
Deborah D. Williamson
Dykema Cox Smith; San Antonio
Playing for Profit: The Bondholder’s Playbook
The existence of multiple bondholders can impose uncertainty and gamesmanship in a contest for economic gain from distressed corporate situations. The paper that they hold rarely tells the whole story; bondholders may have competing investments, undisclosed hedges and varying purchase price discounts that make it impossible to determine their true position. This panel will explore issues related to bondholder-led restructurings and takeovers, including the operation of ad hoc committees, the role of indenture trustees, conflicts, disclosures, subordination and deal structures.
Scott F. Gautier, Moderator
Robins Kaplan LLP; Los Angeles
Jeffrey H. Davidson
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Stephen M. Pezanosky
Haynes and Boone, LLP; Fort Worth, Texas
Teri Stratton
Piper Jaffray Cos.; El Segundo, Calif.
5:00-6:00 p.m.
Craft Beer Tasting Happy Hour
Sponsored by FTI Consulting, Inc., McGuire Woods LLP, Nussbaum Gillis & Dinner, P.C., Robins, Kaplan, Miller & Ciresi, LLP and Stinson Leonard Street LLP
7:30 p.m.
Optional Event
Michael Jackson’s ONE
Saturday, September 12
8:00 a.m.-12:00 noon
ABI Registration Desk Open
8:30-9:00 a.m.
Networking Breakfast
Sponsored by Allen Maguire & Barnes PLC and Greenberg Traurig, LLP
9:00-10:15 a.m.
Hot Topics: Judges’ Roundtable Q&A
This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country. The judges will share their thoughts and perspectives, as well as take questions from the audience, on topics of current interest in both business and consumer cases.
10:15-10:30 a.m.
Coffee Break
Sponsored by Ernst & Young LLP and Pachulski Stang Ziehl & Jones LLP
10:30-11:45 a.m.
Plenary Session
Ethics
This panel will address current ethical topics relating to attorney and client conduct in the context of out-of-court and bankruptcy restructurings.
Steven M. Berman, Moderator
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Donald W. Fitzgerald
Felderstein Fitzgerald Willoughby & Pascuzzi LLP; Sacramento, Calif.
Hon. Scott H. Gan
U.S. Bankruptcy Court (D. Ariz.); Tucson
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
11:45 a.m.
Adjourn
Optional Events
Golf Tournament at Royal Links Golf Club
Sponsored by Snell & Wilmer, LLP
Thursday, September 10, 8:00 a.m.
Missed your invitation to play in the British Open? Don’t worry; you can still play 18 of the best holes from 11 different British Open rotation courses. Conveniently located less than nine miles from the heart of the world-famous Las Vegas Strip, Royal Links is not your typical golf course. Whether you are interested in the history of the game or just want a shot at besting Tiger Woods’s course record of 67 (Feb. 2001), Royal Links is sure to provide you with some great golfing memories. The $190 green fee includes transportation from the Four Seasons, all tournament fees and lunch at the tournament’s conclusion. Please mark the appropriate box on the registration form, and indicate your handicap. For those participating in the ABI Golf Tour, this will be the sixth stop. Please check the ABI Golf Tour box on the registration form. For more information on the tour, see golf.abi.org.
Michael Jackson’s ONE
Friday, September 11, 7:30 p.m.
Michael Jackson’s ONE is a sonic, tonic fusion of acrobatics, dance and visuals that takes the audience on an immersive journey through the music and spirit of Michael Jackson. Driven by Michael’s powerful, multi-layered music — heard like never before in a riveting, state-of-the-art surround-sound environment — ONE takes the audience through a series of seamless visual and musical tableaux, at the heart of a world that is in turn majestic, playful, magical and heart-warming. ONE is a heartfelt tribute to the work, innovative spirit and legacy of Michael Jackson: the King of Pop, the genius, the visionary, the ONE. Tickets for premium seats are $155 per person. Please mark the appropriate box on the registration form.
Judicial Chair
Hon. Bruce T. Beesley
U.S. Bankruptcy Court (D. Nev.); Reno
Program Co-Chairs
Scott F. Gautier
Robins Kaplan LLP
John W. Lucas
Pachulski Stang Ziehl & Jones LLP; San Francisco
Randy Nussbaum
Nussbaum Gillis & Dinner, P.C.; Scottsdale, Ariz.
Sponsorship Chair
Bradley D. Sharp
Development Specialists, Inc.; Los Angeles
2015 Advisory Board
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
John D. Bittner
PricewaterhouseCoopers LLP; Dallas
Jason S. Brookner
Gray Reed & McGraw, PC; Dallas
Rob Charles
Lewis Roca Rothgerber LLP; Tucson, Ariz.
Dawn M. Cica
Fox Rothschild LLP; Las Vegas
David D. Cleary
Greenberg Traurig, LLP; Phoenix
Patrick A. Clisham
Engelman Berger, PC; Phoenix
Hon. Laurel E. Davis
U.S. Bankruptcy Court (D. Nev.); Las Vegas
Ford Elsaesser
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho
Scott D. Fleming
Armstrong Teasdale LLP; Las Vegas
Gregory E. Garman
Garman Turner Gordon; Las Vegas
Peter J. Gurfein
Landau Gottfried & Berger LLP; Los Angeles
Douglas E. Himmel
Melville Capital; Venice, Calif.
Nicole Horton
Ernst & Young LLP; Los Angeles
Carolyn J. Johnsen
Dickinson Wright PLLC; Phoenix
Lance N. Jurich
Loeb & Loeb LLP; Los Angeles
Ori Katz
Sheppard, Mullin, Richter & Hampton LLP; San Francisco
Aaron M. Kaufman
Dykema Cox Smith; Dallas
Jordan A. Kroop
Perkins Coie LLP; Phoenix
Heather A. LaSalle
McGlinchey Stafford PLLC; New Orleans
Nile Leatham
Kolesar & Leatham; Las Vegas
Marc Liebman
Alvarez & Marsal; Phoenix
Robert J. Pfister
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Mark A. Platt
McGuireWoods LLP; Dallas
Peter J. Rathwell
Snell & Wilmer; Phoenix
Justin E. Rawlins
Winston & Strawn LLP; Los Angeles
Cathy L. Reece
Fennemore Craig, P.C.; Las Vegas
Deb Riley
Allen Matkins Leck Gamble Mallory & Natsis LLP; San Diego
Hon. Gregg W. Zive
U.S. Bankruptcy Court (D. Nev.); Reno
Conference Information
Hotel
The Four Seasons Hotel Las Vegas is a sanctuary from the bright lights of the dazzling Las Vegas Strip, all located on the 35th to 39th floors of the Mandalay Bay Resort & Casino Tower — ensuring a more intimate atmosphere and attentive personal service. ABI has arranged a special conference rate of $219 per night. To secure the special rate, reservations must be made directly with the resort by August 10, 2015. Reservations may only be made once you have registered with ABI. Upon payment of the conference registration fees, you will receive hotel reservation information with your conference confirmation. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Travel
Fly into McCarran International Airport (LAS).
Conference Attire
Attire is casual throughout the conference.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice is received in writing by August 20, 2015. No refunds will be made if notice is received after August 20, although substitutions will be allowed. After August 20, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for the same conference next year.
Continuing Education
9.75 hours of CLE credit, including 2.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and approval for 11.5 hours of CLE credit, including 3 hours of ethics, is pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 11.5 hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 9.75 hours, of which 2.5 hours will apply to ethics. 11.5 of CPE credit, including 3 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in insolvency matters (pursuant to the "Statement on Standards for CPE Programs" established by AICPA and NASBA). ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN 37219-2417, or www.nasba.org. For more information regarding administrative policies such as complaints and refunds, please contact the American Bankruptcy Institute at (703) 739-0800.
ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, we may allow the individual to work at our registration area for a few hours during attendee check-in, or assist in conference set-up. ABI also has reduced rates for government employees, professors, law clerks and students. Illinois Attorneys: If registration fees are more than $500, attorneys who qualify will receive a reduction of at least 50% off the registration fee. For information on tuition assistance, send an email to [email protected].
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its Business Bankruptcy, Consumer Bankruptcy and Creditors’ Rights exams at the Four Seasons Hotel Las Vegas on Thursday, September 10, 2015, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by emailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
Royal Flush
Straight Flush
Four of a Kind
Allen Maguire & Barnes PLC
Alvarez & Marsal Restructuring and Corporate Finance
Engelman Berger, PC
Ernst & Young LLP
Gavin/Solmonese LLC
Jefferies LLC
Loeb & Loeb LLP
McGuire Woods LLP
Pachulski Stang Ziehl & Jones LLP
Proskauer
Snell & Wilmer, LLP
Stinson Leonard Street LLP
Winston & Strawn LLP
Full House
Armstrong Teasdale LLP
Dykema Cox Smith
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.
Fenix Financial Forensics LLC
Fennemore Craig PC
Fox Rothschild LLP
Gray Reed & McGraw, P.C.
Imperial Capital, LLC
Klee, Tuchin, Bogdanoff & Stern LLP
Lewis Roca Rothgerber LLP
Nevada State Bar Bankruptcy Section
Prime Clerk
The Schwartz Law Firm, Inc.
Shumaker, Loop & Kendrick, LLP
Rates
Registration Rates | Early (postmarked by 6/19/15) |
Regular (6/20/15-8/21/15) |
Late (after 8/21/15) |
|
|||
ABI Member
|
$625
|
$670
|
$720
|
ABI Govt./Nonprofit ABI Member
|
$345
|
$395
|
$445
|
New ABI Member*
|
$900
|
$945
|
$995
|
Govt./Nonprofit New ABI Member*
|
$440
|
$490
|
$540
|
ON-SITE FEE: $795 ABI Member
$1,090 New ABI Member
* Includes a one-year membership for first-time members only — a $295 value! You must be an ABI member to attend. Membership is individual and nonrefundable. If your ABI membership has expired, select the member rate and add in your ABI membership renewal fee.
Optional Events Rates
Opening Reception
Opening Reception Guest
|
Free
$75
|
Golf Tournament at Royal Links
|
$190
|
ABI Golf Tour
|
$190
|
Happy Hour
Happy Hour Guest
|
Free
$50
|
Michael Jackson’s ONE
|
$155
|
Exhibitor Rates
ABI Member Exhibitor Registration**
|
$1,600
|
New ABI Member Exhibitor Registration***
|
$1,895
|
Additional Booth Representative
|
$500
|
** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’table, full registration for one booth representative AND one-year ABI membership.