25th Annual Southwest Bankruptcy Conference

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25th Annual Southwest Bankruptcy Conference

September 7-9, 2017 Hotel del Coronado, CA

Join ABI for the 25th Annual Southwest Bankruptcy Conference, being held at the iconic Hotel del Coronado! Experienced practitioners and regional judges will present workshops on a variety of topics — for both business and consumer practitioners — ensuring that there is something for everyone.

We look forward to seeing you in sunny California!

Sessions

Event Information 249324

Thursday, September 7

9:00 a.m.

Optional Event

Golf Tournament at Coronado Golf Course

9:00 a.m.-5:00 p.m.

American Board of Certification Exams

10:00 a.m.

Optional Event

Tour of the Aircraft Carrier Midway

3:00-6:00 p.m.

ABI Registration Desk Open

6:00-7:30 p.m.

Opening Reception

Sponsored by Bentham IMF, Development Specialists, Inc., Grant Thornton LLP and KCC

7:30-11:00 p.m.

Southwest Tequila Tasting

Click here for more information

Friday, September 8

7:00 a.m.-5:00 p.m.

ABI Registration Desk Open

7:30-8:00 a.m.

Networking Breakfast

Sponsored by Greenberg Traurig, LLP

8:00-9:30 a.m.

Very Good Debates

John W. Lucas, Moderator

Pachulski Stang Ziehl & Jones LLP; San Francisco

Judicial Debate

    Resolved: A debtor must obtain a judgment under chapter 5 of the Bankruptcy Code before it may invoke disallowance of a claim under section 502(d).

     Pro: Hon. Brenda Moody Whinery

     U.S. Bankruptcy Court (D. Ariz.); Tucson

     Con: Hon. Eugene Wedoff (ret.)

     Sole Practitioner; Oak Park, Ill.
     President, ABI

Business Debate

    Resolved: Cure and reinstatement of a credit agreement under 1124(2) requires the payment of default interest.

     Pro: Dillon E. Jackson

     Foster Pepper, LLP; Seattle

     Con: Joshua D. Morse

     DLA Piper LLP; San Francisco

Consumer Debate

    Resolved: Flat fees that are earned upon receipt may not be recovered by chapter 7 trustee upon the rejection of the fee agreement.

     Pro: Cody Jess

     Schian Walker; Phoenix

     Con: Tiffany Carroll

     Office of the U.S. Trustee, Region 15; San Diego

9:30-9:45 a.m.

Coffee Break

Sponsored by Polsinelli

9:45-11:00 a.m.

Concurrent Sessions (3)

Third Party Litigation Funding and Issues It Creates in Bankruptcy Cases—This Ain't Your Father’s Contingency Fee Arrangement!

The panel will discuss myriad issues (including ethical issues) that have arisen, and will likely arise in the future, as the current trend of third party litigation funding begins to be a more common funding vehicle in bankruptcy cases.

Thomas J. Salerno, Moderator

Stinson Leonard Street LLP; Phoenix

Justin Brass

Jefferies LLC, New York

David Gallagher

Bentham IMF; Los Angeles

Hon. Barbara Houser

U.S. Bankruptcy Court (N.D. Tex.); Dallas

Jordan Kroop

Perkins Coie LLP; Phoenix

Technology in the Courtroom

Demonstration on how to best use technology when presenting your case in Bankruptcy Court. This panel will include various “how to” demonstrations that include presenting exhibits, highlighting exhibits, etc. Plus, how to best use electronic links in briefs for case citation and other references.

Anthony Austin, Moderator

Fennemore Craig; Phoenix

Matthew Bordwin

Keen-Summit Capital; New York

Ted Burr

Henry and Horne, Phoenix

Hon. Margaret Mann

U.S. Bankruptcy Court (S.D. Calif.); San Diego

 

Consumer Track

Update on Consumer Bankruptcies

This panel will provide a survey of recent issues in consumer bankruptcy that include stale debts and SCOTUS’ opinion in Midland Funding, LLC v. Johnson, collateral litigation — unfair debt collection, truth in lending, choice of forum, community property issues, the impact of BAPCPA, the UST audits, the heightened standard for debtor counsel, the “debt collector” notice and other burdens imposed by Congress, and recovering attorneys’ fees on unsuccessful creditor actions in bankruptcy court.

Brian Shapiro, Moderator

The Law Office of Brian Shapiro; Las Vegas

Claire Ann Resop

Swanson Resop LLP; Madison, Wis.

Andrea Coles-Bjerre

University of Oregon School of Law; Eugene

Hon. Brian Lynch

U.S. Bankruptcy Court (W.D. Wash.); Tacoma

 

11:00-11:15 a.m.

Coffee Break

Sponsored by Pachulski Stang Ziehl & Jones LLP

11:15 a.m.-12:30 p.m.

Concurrent Sessions (3)

Survey of the Supreme Court’s Recent and Lasting Decisions

This panel will discuss recent Supreme Court bankruptcy decisions, the lasting impact of others that continue to affect the restructuring practice, and predictions about future issues that the Court will or should consider.

Jeff Pomerantz, Moderator

Pachulski Stang Ziehl & Jones LLP; Los Angeles
ABI Past President

G. Eric Brunstad, Jr.

Dechert, LLP; Hartford, Conn.

Whitman Holt

Klee Tuchin; Los Angeles

Hon. Laura Taylor

U.S. Bankruptcy Court (S.D. Calif.); San Diego

Case Administration in the 21st Century — How to Use Tech to Run Cases More Efficiently

This panel will discuss lessons learned from leveraging technology in administering mega-, mid-size and small chapter 11 cases. The panelists will discuss and demonstrate the use of technology in administering chapter 11 cases, including submission of e-proofs of claim and e-ballots, electronic noticing and solicitation, case administration websites, and electronic claims reconciliation. The panel will also address how to improve the efficiency of using such technologies within the context of small or mid-size chapter 11 cases.

Steven D. Jerome, Moderator

Snell & Wilmer L.L.P.; Phoenix

Evan J. Gershbein

Kurtzman Carson Consultants; Los Angeles

Jeff Allsteadt

Clerk of the Court, U.S. Bankruptcy Court (N.D. Ill.); Chicago

Erin McKeighan

Alvarez & Marsal North America, LLC; Chicago

Hon. Elaine Hammond

U.S. Bankruptcy Court (N.D. Calif.); San Jose

 

Consumer Track

Avoiding Malpractice and Other Common Pitfalls in Consumer Cases

Panel will highlight practice risks that include debtor and creditor viewpoints. The topics will include: tracking and anticipating obvious and unknown deadlines, appreciating inherent conflicts that may pose ethical problems as well as critical path obstacles to hidden conflicts of interest, springing conflicts of interest, undisclosed client expectations creating dissatisfaction with the process and outcome, and underestimating expense and delay leading to crisis of payment and inability to effectuate strategy.

Ford Elsaesser, Moderator

Elsaesser Jarzabek Anderson, Sandpoint, Idaho

James F. Kahn

Kahn & Ahart, PLLC; Phoenix

Stephen Berken

Stephen Berken Law; Denver

Hon. Deborah Saltzman

U.S. Bankruptcy Court (C.D. Calif.); Los Angeles

12:30-1:30 p.m.

Networking Luncheon

Sponsored by Allen Barnes & Jones, PLC

1:30-2:45 p.m.

Concurrent Sessions (3)

Short Arguments on Interesting Chapter 11 Topics

This panel will consist of four short "moot court/pro-con" presentations on current chapter 11 issues, with the Judge to be a “hot bench” and also give his insights at the conclusion of each segment.

Jason Brookner, Moderator

Gray Reed & McGraw, PC; Dallas

Steve Berger

Engelman Berger, P.C.; Phoenix

Ted Dillman

Latham & Watkins, LLP; Los Angeles

Tamara McGrath

FTI Consulting, Inc.; Los Angeles

Hon. Martin R. Barash

U.S. Bankruptcy Court (C.D. Calif.); Woodland Hills

Avoiding Malpractice and Other Common Pitfalls in a Commercial Restructuring Case

Learn from others’ mistakes and experiences. The panel will share tips and painful lessons on anticipating and avoiding ethical and legal problems in business restructuring cases.

Robert M. Charles, Jr., Moderator

Lewis Roca; Las Vegas

Sam Newman

Gibson Dunn; Los Angeles

Brad Sharp

Development Specialists, Inc.; Los Angeles

Hon. Dan Collins

U.S. Bankruptcy Court (D. Ariz.); Phoenix

 

Consumer Track

Intersection Between Bankruptcy and Family Law

Panel will provide an overview of the intersection between bankruptcy and family law. The discussion will include the effects on property of the estate when one spouse does not file, community and separate property issues, scope of automatic stay, collection against non-debtor spouse, and other related family law issues as they intersect with bankruptcy.

Leslie Cohen, Moderator

Leslie Cohen Law PC; Los Angeles

Christopher Celentino

Dinsmore & Shohl LLP, San Diego

David Gottlieb

David Gottlieb & Associates; Los Angeles

Hon. Eddward P. Ballinger, Jr.

U.S. Bankruptcy Court (D. AZ); Phoenix

2:45-3:15 p.m.

Refreshment Break

Sponsored by Proskauer

3:15-4:30 p.m.

Plenary Session

Sub-Par Performers: Restructuring Challenges in the Golf Course Industry

The once booming golf course industry has resorted to bankruptcy as a way to address operational and liquidity issues. This panel explores the financial challenges facing America’s golf courses and selected restructuring issues that debtors and creditors face in their attempts to reorganize.

James Patrick Shea, Moderator

Armstrong Teasdale; Las Vegas

Jeffrey Reisner

Irell & Manella; Newport Beach, Calif.

Dan Williams

Fenix Financial Forensics, LLC; Phoenix

Holly Estes

Estes Law; Reno, Nev.

Hon. Bruce Beesley

U.S. Bankruptcy Court (D. Nev.); Reno

4:30-5:30 p.m.

Happy Hour

Saturday, September 9

8:00 a.m.-12:00 noon

ABI Registration Desk Open

8:30-9:00 a.m.

Networking Breakfast

Sponsored by Spencer Fane LLP

9:00-10:15 a.m.

Hotcakes and 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.

Randy Nussbaum, Moderator

Nussbaum Gillis & Dinner PC; Scottsdale, Ariz.

10:15-10:30 a.m.

Coffee Break

10:30-11:45 a.m

Plenary Session

Ethics Panel

Recent court decisions on legal ethics of which you should be aware. Come join an interactive discussion on the latest examples of unethical behavior — you may be surprised by what you hear.

Steve Berman, Moderator

Shumaker; Tampa, Fla

Robbin L. Itkin

Liner LLP; Los Angeles

Edward T. Gavin

Gavin/Solmonese, LLC; Wilmington, Del.

Hon. Scott Clarkson

U.S. Bankruptcy Court (C.D. Calif.); Santa Ana

 

 

Conference Information

Hotel

The Hotel del Coronado is an iconic destination at the Pacific’s edge just minutes from downtown San Diego. Built in 1888 and designated a National Historic Landmark in 1977, the Del has been the proud host to celebrities, royalty and beach-loving guests for generations. Experience the timeless charm and casual elegance of this classic Southern California resort. ABI has arranged a special conference rate of $294 per night. To secure the special rate, reservations must be made directly with the resort by August 5, 2017. 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 San Diego International Airport (SAN).

 

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 17, 2017. No refunds will be made if notice is received after August 17, although substitutions will be allowed. After August 17, 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 hours of CLE credit, including 2.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and approval for 10.5 hours of CLE credit, including 3 hours of ethics, are 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 10.5 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 hours, of which 2.5 hours will apply to ethics. 10.5 hours 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 Hotel del Coronado on Thursday, September 7, 2017, 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.

Optional Events

Golf Tournament at Coronado Golf Course

Thursday, September 7, 9:00 a.m.

Rated as one of the best public golf courses in the nation, this par 72 course is a must-play for all golfers and is conveniently located less than a mile from the Hotel del Coronado. The $125 tournament fee includes all greens fees and a continental breakfast. Please mark the appropriate box on the registration form, and indicate your handicap.

Midway Aircraft Carrier Tour

Thursday, September 7, 10:00 a.m.

Imagine experiencing life at sea on board one of America’s longest-serving aircraft carriers. Enjoy a docent-led walking tour, following in the footsteps of 225,000 Midway sailors who served our country. The tour lasts one hour but you can stay and enjoy the ship and the museum as long as you wish. Tickets for this event are $30 per person. Please mark the appropriate box on the registration form.

Judicial Chair

Hon. Martin R. Barash

U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills

Hon. Daniel P. Collins

U.S. Bankruptcy Court (D. Ariz.); Phoenix

Program Co-Chairs

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

Advisory Board

Mark Andrews

Dykema Cox SmithDallas, TX

Thomas H. Allen

Allen Barnes & Jones, PLC; Phoenix

Steven M. Berman

Shumaker, Loop & Kendrick, LLP; Tampa, Fla.

Hon. Bruce T. Beesley

U.S. Bankruptcy Court (D. Nev.); Reno

Jason S. Brookner

Gray Reed & McGraw, P.C.; Dallas

Louis M. Bubala, III

Kaempfer Crowell; Reno, Nev.

Alissa Brice Castaneda

Quarles & Brady, Phoenix, AZ

Rob Charles

Lewis Roca Rothgerber Christie LLP; Tucson, Ariz.

Dawn M. Cica

Mushkin - Cica - Coppedge; Las Vegas

David D. Cleary

Greenberg Traurig, LLP; Phoenix

Patrick A. Clisham

Engelman Berger, PC; Phoenix

Ford Elsaesser

Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho

Scott D. Fleming

Armstrong Teasdale LLP; Las Vegas

Gregory E. Garman

Garman Turner Gordon LLP; Las Vegas

David M. Guess

Klee Tuchin Bogdanoff & Stern

Peter J. Gurfein

Landau Gottfried & Berger LLP; Los Angeles

Oren Buchanan Haker

Stoel Rives LLPPortland, OR

Hon. Elaine Hammond

U.S. Bankruptcy Court,Northern District of California

Douglas E. Himmel

Melville Capital; Venice, Calif.

Andrew Hinkelman

FTI Consulting, Inc., San Francisco, CA

Nicole Horton

EY; Los Angeles

Paul S. Jasper

Rimon Law, San Francisco

Steven D. Jerome

Snell & Wilmer L.L.P.; Phoenix

Cody Jess

Schian Walker,Phoenix, AZ

Lance N. Jurich

Loeb & Loeb LLP; Los Angeles

Jordan A. Kroop

Perkins Coie LLP; Phoenix

Heather A. LaSalle

McGlinchey Stafford PLLC; New Orleans

Nile Leatham

Kolesar & Leatham; Las Vegas

Jeff Nerland

SierraConstellation Partners LLC; Los Angeles

Mark A. Platt

McGuireWoods LLP; Dallas

Justin E. Rawlins

Winston & Strawn LLP; Los Angeles

Cathy L. Reece

Fennemore Craig, P.C.; Las Vegas

Jeffrey M. Reisner

Irell & Manella LLP; Los Angeles

Justin Sabin

Bryan Cave,Phoenix, AZ

Robert K. Sahyan

Sheppard, Mullin, Richter & Hampton LLP; San Francisco

Thomas J. Salerno

Stinson Leonard StreetPhoenix, AZ

Samuel A. Schwartz

Schwartz Flansburg PLLC; Las Vegas

Victor A. Vilaplana

Foley & Lardner, LLPSan Diego, CA

Nellwyn Voorhies-Kantak

Donlin RecanoSan Diego, CA

Christopher J. Wells

Alvarez & Marsal; Phoenix

Daniel R. Williams

Fenix Financial Services, LLC; Scottsdale, Ariz.

John T. Young, Jr.

Conway MacKenzie, Inc.; Houston

Hon. Gregg W. Zive

U.S. Bankruptcy Court (D. Nev.); Reno

 

 

Platinum

Bentham IMF

Conway MacKenzie, Inc.

Deloitte CRG

Development Specialists, Inc.

FTI Consulting, Inc.

Grant Thornton LLP

Greenberg Traurig, LLP

KCC

Gold

Allen Barnes & Jones, PLC

Cohn Reznick LLP

CR3 Partners

Perkins Coie LLP
Stoel Rives LLP

Wilmington Trust

Silver

Alvarez and Marsal-NACR
Donlin, Recano & Company, Inc.

Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.

Engelman Berger, PC

Gavin/Solmonese LLC

Imperial Capital, LLC

Pachulski Stang Ziehl & Jones LLP

Polsinelli

Proskauer

Sacks Tierney P. A.

Spencer Fane LLP

Bronze

Berkeley Research Group, LLC (BRG)

Fennemore Craig, P.C.

GCG

Kaempfer Crowell

Klee, Tuchin, Bogdanoff & Stern LLP

Latham & Watkins LLP

McGlinchey Stafford PLLC

Navigant Capital Advisors

Sherwood Partners, Inc.

Sullivan Hill Lewin Rez & Engel

Special Thanks

We extend our special thanks to Conway MacKenzie for the conference lanyards, Deloitte CRG for the conference wi-fi, Donlin, Recano & Company, Inc for the mobile app, Gavin/Solmonese LLC for daily e-newsletter, Klee, Tuchin, Bogdanoff & Stern LLP for the cell phone charging station, Sherwood Partners, Inc./agencyIP for sponsoring the exhibit hall, Stoel Rives LLP for the conference materials on USB drives and Wilmington Trust for the tote bags.

 

Registration Rates

Registration Rates Early Bird
(postmarked by 6/23/17)
Regular
(6/24/17-8/17/17)
Late
(after 8/17/17)

ABI Member
$625
$675
$725
ABI Govt./Nonprofit ABI Member
$345
$395
$445
New ABI Member*
$895
$945
$995
Govt./Nonprofit New ABI Member*
$440
$490
$540

ON-SITE FEE


ABI Member
$795
 
 
New ABI Member
$1,090
 
 

 

* Includes a one-year ABI membership for first-time members — a $325 value! You must be an ABI member to attend. Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership renewal fee.

Optional Events

Opening Reception
Opening Reception Guest
Free
$75
Golf Tournament at Coronado Golf Course
Handicap ________
$125
 
Midway Tour
$30
Happy Hour
Happy Hour Guest
Free
$50