Monday, November 23
8:30-9:30 a.m.
Registration and Continental Breakfast
9:30-10:45 a.m.
Bankruptcy Litigation: Emerging Tactics and the Do’s and Don’ts
This panel will delve into the tactics being employed in complex cases, such as the attempt at a pre-emptive involuntary filing in the Caesars cases, the objections to fees post-Asarco, and the numerous Energy Future adversary proceedings. The panel will also include observations from the judicial panelists on what is and is not effective in persuading a court.
Hon. Laurie Selber Silverstein
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Leonard P. Stark
U.S. District Court; Wilmington
Moderator:
Adam G. Landis
Landis Rath & Cobb LLP; Wilmington
Panelists:
David M. Hillman
Schulte Roth & Zabel LLP; New York
J. Christopher Shore
White & Case LLP; New York
Robert J. Stark
Brown Rudnick LLP; New York
10:45-11:00 a.m.
Coffee Break
11:00 a.m.-12:15 p.m.
Delaware Fiduciary Litigation Meets Distress and Bankruptcy
Recent cases in bankruptcy court and the Court of Chancery have addressed fiduciary duty claims and the standing of creditors to bring such actions. This panel will address the current state of the law on when fiduciary duties may be owed to creditors of a distressed company, synthesizing the intersection between bankruptcy law and Delaware law, the recent decisions addressing who can bring claims and when, and the practical realities of advising D&Os on their duties.
Chancellor Andre G. Bouchard
Delaware Court of Chancery; Wilmington
Hon. Kevin Gross
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Kent A. Jordan
U.S. Court of Appeals, Third Circuit; Wilmington
Moderator:
William P. Bowden
Ashby & Geddes, PA; Wilmington
Panelists:
Prof. Michelle M. Harner
University of Maryland School of Law; Baltimore
Thomas B. Walper
Munger, Tolles & Olson, LLP; Los Angeles
12:15-1:15 p.m.
Networking Luncheon
1:15-1:45 p.m.
Keynote Speaker
Kevyn Orr
Jones Day LLP; Washington, D.C.
As Detroit’s Emergency Manager, Orr oversaw the largest and most complicated municipal bankruptcy proceeding in U.S. history. Due to his work in Detroit, he was named 9th out of the 100 most powerful people in finance in 2013 by Worth magazine and as one of the “World’s 50 Greatest Leaders” in 2015 by Fortune magazine.
2:00-3:15 p.m.
We’ve Gotta Get Out of This Place: Finding Exits in Difficult Cases
This panel will address the difficulties of achieving exits in difficult chapter 11 cases, such as liquidating cases where there is little cash and competing claims, and the effect of the Jevic ruling on the use of structured dismissals. The panel will also highlight recent efforts to make confirming a plan in a tight case more reasonable, including local rules initiatives across the country and ABI’s Task Force on Plan Confirmation.
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Mary F. Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington
Moderator:
Domenic E. Pacitti
Klehr Harrison Harvey Branzburg LLP; Wilmington
Panelists:
Jennifer C. Hagle
Sidley Austin LLP; Los Angeles
Sharon L. Levine
Lowenstein Sandler LLP; Roseland, N.J.
Christopher J. Marcus
Kirkland & Ellis LLP; New York
3:15-3:30 p.m.
Refreshment Break
3:30-4:45 p.m.
The Evolving Dynamics of Secured Lending and the Rights of Secured Creditors
This panel will explore recent developments affecting the rights of secured parties in bankruptcy cases, including the recent make-whole decisions from the Energy Future and Momentive cases, the use of cramdowns following the Momentive opinions, and the complexities of dealing with unitranche facilities in bankruptcy cases.
Hon. Brendan Linehan Shannon
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
Moderator:
Jeremy W. Ryan
Potter Anderson & Corroon LLP; Wilmington
Panelists:
Damian S. Schaible
Davis Polk & Wardwell LLP; New York
Ray C. Schrock
Weil, Gotshal & Manges LLP; New York
Scott D. Talmadge
Kaye Scholer LLP; New York
4:45-6:30 p.m.
Networking Reception
Judicial Chair
Hon. Brendan Linehan Shannon
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Laurie Selber Silverstein
U.S. Bankruptcy Court (D. Del.); Wilmington
Program Chair
Steven K. Kortanek
Womble Carlyle Sandridge & Rice, LLP; Wilmington
Steering Committee
Erin K. Brignola
Cooper Levenson Attorneys at Law; Bear, Del.
Daniel J. DeFranceschi
Richards, Layton & Finger, PA; Wilmington
Kurt F. Gwynne
Reed Smith LLP; Wilmington
Kimberly A. LaMaina
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington
Margaret M. Manning
Gavin/Solmonese LLC; Wilmington
Pauline K. Morgan
Young Conaway Stargatt & Taylor, LLP; Wilmington
Kerri K. Mumford
Landis Rath & Cobb LLP; Wilmington
James E. O'Neill
Pachulski Stang Ziehl & Jones LLP; Wilmington
Domenic E. Pacitti
Klehr Harrison Harvey Branzburg LLP; Wilmington
Marion M. Quirk
Cole Schotz P.C.; Wilmington
Jeremy W. Ryan
Potter Anderson & Corroon LLP; Wilmington
Stanley B. Tarr
Blank Rome LLP; Wilmington
Gregory W. Werkheiser
Morris, Nichols, Arsht & Tunnell LLP; Wilmington
Conference Information
Accommodations
The Hotel du Pont, a landmark historic property and premier business and corporate meeting establishment, will be the site of the conference. Located in the heart of Wilmington, the hotel is only 25 minutes from Philadelphia International Airport, one hour by train from Washington, D.C., and 1.5 hours by train from New York. ABI has secured a limited number of rooms at a discounted conference rate of $229 per night. To make your reservation, call (302) 594-3125 and ask for the special ABI rate.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by November 2, 2015. No refunds will be made if notice is received after November 2, although substitutions will be allowed. After November 2, 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 this same conference next year.
Continuing Education
Approval for approximately 4.25 hours of continuing legal education credit is pending in states calculating CLE on a 60-minute hour, and 5 hours of general CLE credit 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 by the State Bar of California in the amount of 4.25 hours. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 5 credit hours. 5 hours of CPE credit are also available. Mark the appropriate box on the registration form.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed 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 complaint and refund, please contact the American Bankruptcy Institute at (703) 739-0800. For more information about the conference, please e-mail [email protected].
Financial Hardship Statement
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, send an e-mail to [email protected].
Rates
Registration Rates* | Early Bird Postmarked by 10/23/15 |
Regular after 10/23/15 |
|
|
|||
ABI/DSBA Member
|
$325
|
$375
|
|
ABI/DSBA Gov’t./Aca./Nonprofit Member
|
$95
|
$95
|
|
New ABI Member*
|
$600
|
$650
|
|
New Gov’t./Aca./Nonprofit ABI Member*
|
$190
|
$190
|
*Includes a one-year ABI membership for new members only — a $295 value! Membership is individual and nonrefundable. To renew your membership, see below.