2016 Caribbean Insolvency Symposium

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2016 Caribbean Insolvency Symposium

February 4-6, 2016 Ritz-Carlton, San Juan, Puerto Rico

Join ABI as we return to Puerto Rico for the 2016 Caribbean Insolvency Symposium at the Ritz-Carlton in San Juan. The educational program has been designed to provide attendees with an interactive learning experience focusing on insolvency issues in the Caribbean and beyond, with special sessions devoted to Puerto Rico’s growing fiscal crisis. A faculty of prominent bankruptcy judges and experienced practitioners will ensure a top-notch learning experience and ample networking opportunities, all in a beautiful, tropical setting. Attendees can earn up to 10.25/12 hours of CLE/CPE credit, including 1 hour of ethics!

Sessions

Event Information 234479

Thursday, February 4

5:00-6:00 p.m.

Emerging Leaders & Judges Roundtable (invite only)

6:00-8:00 p.m.

Opening Reception

Sponsored by C. Conde & Associates and Charles A. Cuprill PSC Law Offices

Friday, February 5

7:00-7:45 a.m.

Continental Breakfast

7:45-8:00 a.m.

Welcome and Opening Remarks

Mariaelena Gayo-Guitian, Co-Chair

Genovese, Joblove & Battista, P.A.; Fort Lauderdale, Fla.

Rudy J. Cerone, Co-Chair

McGlinchey Stafford; New Orleans

Hon. Brian K. Tester, Judicial Co-Chair

U.S. Bankruptcy Court (D. P.R.); San Juan

8:00-9:30 a.m.

Comprehending the Crisis: A Survey of Puerto Rico’s History and Fiscal Situation, and Paths Forward

The panel will discuss Puerto Rico’s present economic condition/situation, the sequence of events that have led to PR’s present economic crisis, what should/can be done to restructure PR’s debt, whether chapter 9 is an appropriate tool to restructure PR’s debt or a solution to its economic condition, and the legal issues that PR is likely to confront in light of its economic crisis.

Hon. Enrique S. Lamoutte, Moderator

U.S. Bankruptcy Court (D. P.R.); San Juan

Zachary H. Smith, Co-Moderator

Moore & Van Allen PLLC; Charlotte, N.C.

Carmen D. Conde-Torres

C. Conde & Associates; San Juan

Ingrid Bagby

Cadwalader, Wickersham & Taft LLP; Washington, D.C.

Martha E.M. Kopacz

Phoenix Management Services; Boston

9:30-10:30 a.m.

Concurrent Sessions (2)

 

Consumer Track

Puerto Rico Judges Panel

Puerto Rico judges will discuss attorneys’ fees in chapter 13 cases; summons, service of process, defaults and default judgments; the Puerto Rico homestead exemption law and recent decisions; and conducting evidentiary hearings (handling witnesses, documents and objections).

Antonio Arias, Moderator

McConnell Valdés LLC; San Juan

Hon. Mildred Cabán

U.S. Bankruptcy Court (D. P.R.); San Juan

Hon. Edward A. Godoy

U.S. Bankruptcy Court (D. P.R.); Ponce

Hon. Enrique S. Lamoutte

U.S. Bankruptcy Court (D. P.R.); San Juan

Hon. Brian K. Tester

U.S. Bankruptcy Court (D. P.R.); San Juan

 

Business Track

Protecting Property (of the Estate) and (the Attorney/Client) Privilege in the Era of the Data Breach

This program will address the ethical obligations and best practices to be used by bankruptcy professionals to protect client confidences and valuable estate property in the era of the data breach. The panel will review the rules governing the attorney/client privilege in U.S., The Caymans, and other jurisdictions, as well as the ethical obligations of professionals to secure client information in their possession to forestall the unwanted disclosure of such information due to a data breach.

Ira L. Herman, Moderator

Thompson & Knight LLP; New York

Michael L. Bernstein

Arnold & Porter LLP; Washington, D.C.

Kenneth M. Krys

KRyS Global; George Town, Grand Cayman, Cayman Islands

Monsita Lecaroz-Arribas

U.S. Trustee, Region 21; San Juan

10:30-10:45 a.m.

Refreshment Break

Sponsored by KRyS Global

10:45-11:45 a.m.

Concurrent Sessions (2)

 

Consumer Track

Chapter 7 Panel

This panel will provide practical advice to attendees from the viewpoint of a chapter 7 trustee, an accountant and an attorney regarding completeness of schedules, how to properly prepare a debtor to face a chapter 7 trustee interrogation, and discussions on several administrative matters such as late-filed claims, asset-liquidation accounting and § 341 hearing continuances. The panel will also cover recent chapter 7 case law developments.

Javier Vilariño, Moderator

Vilariño & Associates LLC; San Juan

Christian Alcalá

Friedman & Feiger, San Juan

Wigberto Lugo-Mener, Jr.

Chapter 7 Panel Trustee, Guaynabo, P.R.

Noreen Wiscovitch-Rentas

Chapter 7 Panel Trustee; San Juan

 

Business Track

The Intersection of Cross-Border Insolvency Proceedings, Receiverships and U.S. Bankruptcy Proceedings.

This panel will discuss the intersection of cross-border insolvency proceedings, such as foreign receivership and/or liquidation proceedings, and U.S. bankruptcy proceedings through a case study of such recent cases as the Scrub Island Resort, Spa & Marina in the British Virgin Islands and the Baha Mar Casino & Hotel in the Bahamas. The panel will explore the issues that arise when these proceedings meet, the enforceability of orders emanating from each, the role that fiduciaries have therein, and the practical and legal differences, as well as advantages and disadvantages, between them.

Leyza Blanco, Moderator

GrayRobinson, PA; Miami

W. Keith Fendrick

Holland & Knight LLP; Tampa, Fla.

James W. Fox

GlassRatner Advisory & Capital Group LLC; New York

Jeremy C. Hollembeak

Kobre & Kim; New York

Charles A. Postler

Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.

11:45 a.m.-12:00 p.m.

Refreshment Break

Sponsored by GrayRobinson, P.A.

12:00-1:15 p.m.

Concurrent Sessions (2)

 

Consumer Track

Chapter 13 Panel

This panel will discuss the effects of recent decisions regarding the Puerto Rico homestead exemption in chapter 13 cases; chapter 13 debtors’ pre and post-petition causes of action, and the disclosure and determination of value of same; and the management of plan provisions, as well as objecting to and defending them.

Edgardo Mangual, Moderator

EMG Despacho Legal, CRL; San Juan

José R. Carrión

Standing Chapter 13 Trustee; San Juan

Gustavo A. Chico-Barris

Ferraiuoli LLC; San Juan

Rosamar García-Fontán

Fiddler, Gonzalez & Rodriguez, P.S.C.; San Juan

Alejandro Oliveras

Standing Chapter 13 Trustee; San Juan

 

Business Track

The More Things Change, the More They Stay the Same: Cutting-Edge Issues in Commercial Fraud Cases

This panel will address the legal and forensic issues arising from the newest iterations of this very old form of fraud, including recent cases in the Caribbean involving “reverse merger” schemes. Panelists include the fiduciaries appointed in the wind-up of the Telex Free and Peters Ponzi schemes, two of the larges schemes in history and both with deep connections to the Caribbean.

Francis C. Morrissey, Moderator

Morrissey, Wilson & Zafiropoulos LLP; Boston

Katherine R. Catanese

Foley & Lardner LLP; New York

Stephen B. Darr

Huron Consulting Group; Inc.; Boston

Geoff Varga

Duff & Phelps; New York

1:15-2:30 p.m.

Networking Luncheon

1:45-2:30 p.m.

Somewhere Beyond the Sea, The Challenges of Mediation, Cross Border and In the Caribbean.

Discussion of issues suited for cross border mediation, different mediating styles and local practices, judges as mediators, ethics and conflicts of interest, the ABI Model local Rule and much more.

Jerry M. Markowitz, Moderator

Markowitz Ringel Trusty + Hartog, P.A.; Miami

Peter L. Borowitz

Mangrove Mediation; Bonita Springs, F.L.

Hon. Leif M. Clark (ret.)

MWI; Boston

Arabella di Iorio

Maples and Calder; British Virgin Islands

2:30-3:45 p.m.

 

Consumer Track

Recent Developments in Chapter 13: Part 1

This panel will discuss all of the chapter 13 news whether or not it’s fit to print: what’s hot in recent chapter 13 decisions (including dead debtors), mindless judicial estoppel, sua sponte dismissals, objections to confirmation run amok, mortgage servicing worse than Comcast, IRS standards on steroids, and other things you always wanted to know about chapter 13 but were afraid to ask.

Henry E. Hildebrand

Lassiter, Tidwell, Davis, PLLC; Nashville, Tenn.

Hon. Keith M. Lundin

U.S. Bankruptcy Court (M.D. Tenn.); Nashville

3:45-4:00 p.m.

Refreshment Break

sponsored by PRBBA

4:00-5:15 p.m.

 

Consumer Track

Recent Developments in Chapter 13: Part 2

Henry E. Hildebrand

Lassiter, Tidwell, Davis, PLLC; Nashville, Tenn.

Hon. Keith M. Lundin

U.S. Bankruptcy Court (M.D. Tenn.); Nashville

5:30-7:30 p.m.

Networking Reception

Sponsored by O'Neill & Borges LLC

Saturday, February 6

7:45-8:45 a.m.

Wake up with the Judges

Prof. Andrew B. Dawson, Moderator

University of Miami School of Law, Coral Gables, Fla.

Patricia A. Redmond, Moderator

Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.; Miami

Hon. Stuart M. Bernstein

U.S. Bankruptcy Court (S.D.N.Y.); New York

Hon. Mildred Cabán

U.S. Bankruptcy Court (D. P.R.); San Juan

Hon. A. Jay Cristol

U.S. Bankruptcy Court (S.D. Fla.); Miami

Hon. Edward A. Godoy

U.S. Bankruptcy Court (D. P.R.); Ponce

Hon. Laurel M. Isicoff

U.S. Bankruptcy Court (S.D. Fla.); Miami

Hon. Brian K. Tester

U.S. Bankruptcy Court (D. P.R.); San Juan

8:45-9:45 a.m.

Individual Chapter 11 Confirmation Mock Hearing

This panel will conduct a mock oral argument at the conclusion of a confirmation hearing in an individual chapter 11 bankruptcy case. Issues unique to individuals who file chapter 11 will be explored by counsel for the debtor and an objecting creditor, as well as by the three-judge panel.

Hon. Laurel M. Isicoff, Moderator

U.S. Bankruptcy Court (S.D. Fla.); Miami

Hon. A. Jay Cristol

U.S. Bankruptcy Court (S.D.Fla.); Miami

William N. Lobel

Lobel, Neue & Till, LLP; Newport Beach, Calif.

Luis C. Marini-Biaggi

O’Neill & Borges LLC; San Juan

Hon. Brian K. Tester

U.S. Bankruptcy Court (D. P.R.); San Juan

9:45-10:00 a.m.

Refreshment Break

Sponsored by McConnell Valdes, LLC

10:00-11:15 a.m.

Chapter 15 Update

This panel will discuss the latest cross-border insolvency decisions from U.S. and Caribbean courts.

Gregory S. Grossman, Moderator

Astigarraga Davis; Miami

Hon. Stuart M. Bernstein

US Bankruptcy Court (S.D.N.Y.); New York

Kieran Hutchison

Ernst & Young; George Town, Grand Cayman, Cayman Islands

George W. Shuster, Jr.

WilmerHale; Boston

11:15 a.m.-12:15 pm

Puerto Rico’s Financial Crisis Impacts the Health Care Industry: When Health Care Goes on Life Support

This panel will discuss the Puerto Rico health care crisis by providing an overview of the changes in the health care industry; the challenges confronting the health care system in bankruptcy cases, including maintaining value before and during the sale process, special considerations in health care asset sales, Medicare/Medicaid cost report and recoupment issues; and medical malpractice liabilities. Can a bankruptcy filing preserve Medicare and Medicaid provider agreements? The panel will also discuss the appointment of patient care ombudsmen in health care business cases and Medicare fraud.

Sonia Colon, Moderator

Ferraiuoli LLC; Orlando, Fla.

Elizabeth A. Green

BakerHostetler; Orlando, Fla.

Soneet R. Kapila

KapilaMukamal, LLP; Fort Lauderdale, Fla.

Francisco J. Mendez-Gonzalez

LLM&D, PSC; San Juan

Robert F. Náter-Lebrón

Ferraiuoli LLC; San Juan

12:15 p.m.

Adjourn

 

Conference Chairs

 

Rudy J. Cerone, Co-Chair

McGlinchey Stafford PLLC; New Orleans, LA

Mariaelena Gayo-Guitian, Co-Chair

Genovese Joblove & Battista, P.A.; Fort Lauderdale, Fla.

Hon. Robert A. Mark, Judicial Co-Chair (Miami)

U.S. Bankruptcy Court (S.D. Fla.); Miami

Hon. Brian K. Tester, Judicial Co-Chair (Caribbean)

U.S. Bankruptcy Court (D. P.R.); San Juan

Advisory Board

 

Joaquin J. Alemany

Holland & Knight LLP; Miami

Leyza F. Blanco

GrayRobinson, P.A.; Miami

C. R. “Chip” Bowles

Bingham Greenebaum Doll LLP; Louisville, Ky.

Sonia Colon

Ferraiuoli LLC; Orlando, Fla.

Carmen D. Conde Torres

C. Conde & Associates; San Juan

Melissa Davis

KapilaMukamal, LLP; Fort Lauderdale, Fla.

Prof. Andrew B. Dawson

University of Miami School of Law; Miami

Ronald L. Glass

GlassRatner Advisory & Capital Group LLC; Atlanta

Gregory S. Grossman

Astigarraga Davis; Miami

Laura Hatfield

Solomon Harris; George Town, Grand Cayman, Cayman Islands

Hon. Laurel Myerson Isicoff

U.S. Bankruptcy Court (S.D. Fla.); Miami

Kenneth M. Krys

KRyS Global; George Town, Grand Cayman, Cayman Islands

Hon. Enrique S. Lamoutte

U.S. Bankruptcy Court (D. P.R.); San Juan

Edguardo Mangual-Gonzalez

EMG Dispacho Legal; San Juan

Isaac M. Marcushamer

Berger Singerman LLP; Miami

Jerry M. Markowitz

Markowitz Ringel Trusty + Hartog, P.A.; Miami

Francis C. Morrissey

Morrissey, Wilson & Zafiropoulos, LLP; Boston

Charles A. Postler

Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.

Patricia A. Redmond

Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.; Miami

Zachary H. Smith

Moore & Van Allen PLLC; Charlotte, NC

Charles W. Throckmorton

Kozyak Tropin Throckmorton, LLP; Miami

Mark J. Wolfson

Foley & Lardner LLP; Tampa, Fla.

 

Conference Information

Hotel

Discover the warmth of the Caribbean and luxurious hospitality at the Ritz Carlton San Juan. Located in the fashionable Isla Verde district, this beautiful San Juan resort is nestled along the most beautiful beach on the island and located on eight lush acres of pristine grounds. ABI has arranged for a special conference rate of $299 single/double. To secure this special rate, reservations must be made by December 22, 2015. The ABI special rate is very limited and is available on a first-come, first-served basis. ABI cannot guarantee availability at the resort. You can make your reservation directly with the hotel by contacting its reservations department at (787) 253-1700 and identifying yourself with the Caribbean Insolvency Symposium/ABI room block.

Travel

The Ritz Carlton San Juan is conveniently located only minutes from Luis Muñoz Marin International Airport.

Continuing Education Credit

10.25 hours of general CLE credit, including 1 hour of ethics, are pending in Puerto Rico and states calculating CLE on a 60-minute hour, and 12 hours of general CLE credit, including 1 hour of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 10.25 hours, of which 1 hour will apply to ethics. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 12 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 1 hour 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. For information on tuition assistance, e-mail [email protected].

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by January 14, 2015. No refunds will be granted after January 14, although substitutions will be allowed. After January 14, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the canceling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.

HURRICANE SPONSORS

Charles A. Cuprill PSC Law Offices
C. Conde & Associates
GrayRobinson, P.A.
KRyS Global
McConnell Valdés, LLC
O'Neill & Borges LLC
PRBBA
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.

TRADEWIND SPONSORS

BakerHostetler
Bingham Greenebaum Doll LLP
Ferraiuoli LLC
Genovese Joblove & Battista, P.A.
Kobre & Kim LLP
Markowitz Ringel Trusty + Hartog, P.A.
McGlinchey Stafford PLLC
Moore Van Allen
RSM ROC & Company
Solomon Harris
Stichter, Riedel, Blain, & Postler, P.A.
Title XI
WilmerHale

BAHAMA BREEZE SPONSORS

Astigarraga Davis
A&S Consulting Group
EMG Despacho Legal, CRL
Foley & Lardner LLP
FTI Consulting Inc.
GlassRatner Advisory & Capital Group LLC
Holland & Knight LLP
Huron Consulting Group Inc.
KapilaMukamal, LLP
LLM&D, PSC
Medical Card System Corp.
Morrissey, Wilson & Zafiropoulos, LLP

Rates

Registration Rates* Early Bird
(postmarked by 12/4/15)		 Regular
(12/5/15-1/15/16)		 Late
(after 1/16/16)
ABI/PRBBA/FBA-PR Member
$345
$395
$445
New ABI Member*
$620
$670
$720
Govt./Aca. ABI Member
$195
$245
$295
New Govt./Aca. ABI Member*
$290
$340
$390

* Includes a one-year ABI membership for first-time members only — a $275 value! You must be an ABI, PRBBA or FBA-PR member to attend. ABI membership is individual and nonrefundable. If your membership has expired, choose the member rate and add in your renewal fee.

 

__ I will attend the Opening Reception.

__ I will bring a guest to the Opening Reception ($50 fee)

__ I will attend the Networking Luncheon (registrants only).

__ I will attend the Friday Networking Reception.

__ I will bring a guest to the Friday Networking Reception ($50 fee)

 

CLE/CPE Bar No.
(circle one) State(s)

Payment Information

Questions?

Call ABI at (703) 739-0800, or visit ABI World at www.abi.org. Fax credit card orders to (866) 921-1027, or send completed registration form and payment to: ABI, P.O. Box (Need new address), ATTN: CIS16.

Register online at www.abi.org/events

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