Thursday, January 21
10:00-11:45 a.m.
IWIRC Program (Additional fee required to Attend)
Perspectives from the Distaff Bench
IWIRC Program |
10:00 a.m.
Registration Desk and Exhibit Hall Open
11:00-11:45
Round and Round You Go: Speed Networking Event
Noon-12:45 p.m.
Lunch
Sponsored by Dorsey & Whitney LLP and IWIRC Mountain Desert Network
12:45-1:45 p.m.
Luncheon Keynote: "History of the Courts"
Hon. A. Bruce Campbell
U.S. Bankruptcy Court (D. Colo.); Denver
1:45-3:00 p.m.
Concurrent Sessions (3)
Bankruptcy Medley: Recent News and Cases of Interest
Trending issues, circuit splits and noteworthy topics in bankruptcy courts will be the focus of this discussion. The panel will cover topics of interest in business, with no specific emphasis and in no particular order. Attendees are encouraged to participate with questions and issues drawn from their own experiences.
Theodore J. Hartl, Moderator
Lindquist & Vennum LLP; Denver
Jeffrey S. Brinen
Kutner Brinen Garber P.C.; Denver
Hon. Joseph G. Rosania
U.S. Bankruptcy Court (D. Colo); Denver
Engels J. Tejeda
Holland & Hart LLP; Salt Lake City
The Return of the Supremes
This program will look at the actions of the U.S. Supreme Court in 2015, including cases in which the Supreme Court recently granted petitions for certiorari, as well as the dark afterglow of Law v. Siegel. We shall address Stern claims, the definition of “consent,” and what will happen to Dewsnup.
Ronald R. Peterson, Moderator
Jenner & Block LLP; Chicago
Peter M. Friedman
O'Melveny & Myers LLP; Washington, D.C.
Hon. Thomas B. McNamara
U.S. Bankruptcy Court (D. Colo.); Denver
Matthew D. Skeen
Skeen & Skeen, P.C.; Georgetown, Colo.
Getting Paid (or Not): Professional Fee Issues
Professional fee issues are always important, both to those who represent estates and those who do not (but sometimes object to the fees of those who do). This panel will discuss the implications of the Supreme Court’s recent decision in Baker Botts v. ASARCO, in which the Court answered an intriguing question some bankruptcy lawyers did not realize had been asked: whether counsel for an estate party may recover fees incurred in defending a fee application. The panel will also address continuing issues related to professional fees, including U.S. Trustee Fee Guidelines, big case fee guidelines, and the approval of national billing rates in jurisdictions where local rates are much lower.
Kenneth L. Cannon, II
Durham Jones & Pinegar; Salt Lake City
John Collen
SmithAmundsen LLC; Chicago
Tom H. Connolly
Connolly, Rosania & Lofstedt PC; Louisville, Colo.
Gregory M. Garvin
Office of the U.S. Trustee; Denver
Hon. R. Kimball Mosier
U.S. Bankruptcy Court (D. Utah); Salt Lake City
3:00-3:30 p.m.
Refreshment Break
sponsored by Kutner Brinen Garber, PC
3:30-4:45 p.m.
Concurrent Sessions (3)
Cash Collateral and Other Secured Creditor Issues
This panel will explore the requirements for the use of cash collateral by agreement or court order, including adequate protection. The discussion will include other important issues for secured creditors, such as debtor-in-possession financing, collateral carve-outs to pay committee professionals, cramdown interest rates, and credit bidding in sales of collateral.
David T. Brennan, Moderator
Otten Johnson Robinson Neff + Ragonetti PC; Denver
Nancy L. Buchanan
Wells Fargo Bank, N.A.; Denver
Caroline Case Fuller
Fairfield and Woods P.C.; Denver
Paul N. Silverstein
Andrews Kurth LLP; New York
Hon. Howard R. Tallman
U.S. Bankruptcy Court (D. Colo.); Denver
David V. Wadsworth
Sender Wasserman Wadsworth, P.C.; Denver
D&O and E&O Claims
When a company and/or its officers and directors are involved in or accused of pre-petition wrongdoing, one of the most important assets may be director and officer (D&O) liability insurance policies. Panelists will discuss issues related to D&O policies in bankruptcy, including legal and strategic issues to aid in maximizing this important asset for an estate.
Peggy Hunt, Moderator
Dorsey & Whitney LLP; Salt Lake City
Hon. Elizabeth E. Brown
U.S. Bankruptcy Court (D. Colo.); Denver
Andrew W. Caine
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Josh M. Hantman
Brownstein Hyatt Farber Schreck, LLP; Denver
Controversial Valuation Issues in the Context of Financial Distress and Bankruptcy
There is divisiveness on several fronts in the valuation community. Splits exist among circuits and other venues. This panel will identify key controversial valuation issues that prevail among practitioners and the courts, and offer insights to understand the focal points of each controversy.
Paul N. Shields, Moderator
Berkeley Research Group, LLC; Salt Lake City
Matthew M. Boley
Cohne Kinghorn PC; Salt Lake City
John H. Curtis
Rocky Mountain Advisory; Salt Lake City
Dale A. Lash
RubinBrown LLP; Denver
Hon. Cathleen D. Parker
U.S. Bankruptcy Court (D. Wyo.); Cheyenne
4:45-6:30 p.m.
Networking Reception
Sponsored by Durham Jones & Pinegar, Parsons Behle & Latimer and Rocky Mountain Advisory
Friday, January 22
7:00 a.m.
Registration Desk and Exhibit Hall Open
7:30-8:00 a.m.
Breakfast
Sponsored by Holland & Hart LLP and Snell & Wilmer
8:00-8:55 a.m.
Judges’ Roundtable
Featuring the Judges of the 21th Annual Rocky Mountain Bankruptcy Conference.
9:00-10:15 a.m.
Concurrent Sessions
Chapter 13 Hot Topics
This panel will discuss new issues arising post-BAPCPA regarding § 524 and mortgage payments, disclosure of post-confirmation income and assets, revesting of estate property, post-petition changes to assets, and others.
Dr. Mark E. Henze
Biola University/GEMS, Inc.; Highlands Ranch, Colo.
Hon. Janice M. Karlin
U.S. Bankruptcy Court (D. Kan.); Topeka
Sarah L. Matthews
Enderton & Matthews, LLC; Salt Lake City
Ellen R. Welner
Chapter 13 Trustee; Denver
Maximizing Technology in the Courtroom and the Law Office
As the 21st century races forward, the use of technology is rapidly changing many aspects of the business and practice of law. This panel will discuss the latest developments in courtroom presentation technology and its use. It will also offer insights into the technologies that attorneys should understand for their practices and businesses.
Tara Gaschler Salinas, Moderator
Colorado Bankruptcy Law Group LLC; Denver
Matthew Faga
U.S. Bankruptcy Court (D. Colo.); Denver
Karim Guirguis
American Bankruptcy Institute; Alexandria, Va.
Andrew D. Johnson
Onsager | Guyerson | Fletcher | Johnson; Denver
Peter J. Lucas
Appel & Lucas, P.C.; Denver
Hon. Michael E. Romero
U.S. Bankruptcy Court (D. Colo.); Denver
Repeat Concurrent Session:
Getting Paid (or Not): Professional Fee Issues
10:15-10:45 a.m.
Coffee Break
Sponsored by Ray, Quinney & Nebeker
10:45 a.m.-12:00 p.m.
Concurrent Sessions (3)
The Supreme Court and Consumer Bankruptcy: Unbundling Services and Fee Issues
This panel will focus on recent Supreme Court decisions impacting the consumer world, the unbundling of attorney services, and attorney compensation issues. Supreme Court decisions to be discussed include Wellness, Harris v. Viegelahn, Bank of America v. Caulkett, Baker Botts and Oglethorpe.
John C. Smiley, Moderator
Lindquist & Vennum LLP; Denver
Jenny M.F. Fujii
Kutner Brinen Garber P.C.; Denver
Peter Mullison
Colorado Bankruptcy Law Group, LLC; Denver
Prof. Michael D. Sousa
University of Denver Sturm College of Law; Denver
Hon. William T. Thurman
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Repeat Concurrent Sessions:
D&O and E&O Claims
The Return of the Supremes
12:00-12:45 p.m.
Lunch
Sponsored by Faculty of Federal Advocates, Lindquist & Vennum LLP and Otten Johnson Robinson Neff + Ragonetti PC
12:45-1:45 p.m.
ABI Commission to study the reform of Chapter 11 Recommendations
James T. Markus, Moderator
Markus Williams Young & Zimmermann, LLC; Denver
William A. Brandt, Jr.
Development Specialists, Inc.; New York
Deborah D. Williamson
Dykema Cox Smith; San Antonio
1:45-3:00 p.m.
Concurrent Sessions (3)
Nothing in This Life Is Certain Except Death, Taxes and Student Loan Debt
This panel will focus on recent trends in student loan dischargeability cases, including whether the Brunner standard should be revisited, and recent case law involving tax debts.
Charles S. Parnell, Moderator
Parnell & Associates; Wheat Ridge, Colo.
Scott M. Browning
Lewis Roca Rothgerber Christie
Daniel Fisher
General Counsel, ECMC; Saint Paul, Minn.
Tami Gadd-Willardson
Office of the Chapter 13 Trustee; Salt Lake City
James B. Holden
Senior Assistant Attorney General; Denver
Hon. Joel T. Marker
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Repeat Concurrent Sessions:
Hot Topics
Controversial Issues in Valuation
3:00-3:30 p.m.
Refreshment Break
Sponsored by Onsager | Guyerson | Fletcher | Johnson
3:30-4:45 p.m.
Concurrent Sessions (3)
The Intersection Between Bankruptcy and Consumer Protection Laws
This panel will focus on the sale of discharged debts, the intersection between the Code and the FDCPA, the involvement of the CFPB in consumer cases, and more.
Hon. Kevin R. Anderson, Moderator
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Britney Beall-Eder
Weinstein & Riley, P.S.; Broomfield, Colo.
Rick Wynkoop
Wynkoop & Thomas, P.C.; Denver
Repeat Concurrent Sessions:
New Issues Affecting Secured Creditors
Maximizing the Benefits of Technology
4:45-6:30 p.m.
Networking Reception
Sponsored by Ballard Spahr LLP,
Bieging Shapiro & Barber LLP, Stoel Rives LLP and
Markus Williams Young & Zimmermann LLC
Register for Consumer Program only
Friday, January 22
9:00-10:15 a.m.
Concurrent Sessions
Chapter 13 Hot Topics
This panel will discuss new issues arising post-BAPCPA regarding § 524 and mortgage payments, disclosure of post-confirmation income and assets, revesting of estate property, post-petition changes to assets, and others.
Dr. Mark E. Henze
Biola University/GEMS, Inc.; Highlands Ranch, Colo.
Hon. Janice M. Karlin
U.S. Bankruptcy Court (D. Kan.); Topeka
Sarah L. Matthews
Enderton & Matthews, LLC; Salt Lake City
Ellen R. Welner
Chapter 13 Trustee; Denver
Maximizing Technology in the Courtroom and the Law Office
As the 21st century races forward, the use of technology is rapidly changing many aspects of the business and practice of law. This panel will discuss the latest developments in courtroom presentation technology and its use. It will also offer insights into the technologies that attorneys should understand for their practices and businesses.
Tara Gaschler Salinas, Moderator
Colorado Bankruptcy Law Group LLC; Denver
Matthew Faga
U.S. Bankruptcy Court (D. Colo.); Denver
Karim Guirguis
American Bankruptcy Institute; Alexandria, Va.
Andrew D. Johnson
Onsager | Guyerson | Fletcher | Johnson; Denver
Peter J. Lucas
Appel & Lucas, P.C.; Denver
Hon. Michael E. Romero
U.S. Bankruptcy Court (D. Colo.); Denver
10:45 a.m.-12:00 p.m.
Concurrent Sessions (3)
The Supreme Court and Consumer Bankruptcy: Unbundling Services and Fee Issues
This panel will focus on recent Supreme Court decisions impacting the consumer world, the unbundling of attorney services, and attorney compensation issues. Supreme Court decisions to be discussed include Wellness, Harris v. Viegelahn, Bank of America v. Caulkett, Baker Botts and Oglethorpe.
John C. Smiley, Moderator
Lindquist & Vennum LLP; Denver
Jenny M.F. Fujii
Kutner Brinen Garber P.C.; Denver
Peter Mullison
Colorado Bankruptcy Law Group, LLC; Denver
Prof. Michael D. Sousa
University of Denver Sturm College of Law; Denver
Hon. William T. Thurman
U.S. Bankruptcy Court (D. Utah); Salt Lake City
1:45-3:00 p.m.
Concurrent Sessions (3)
Nothing in This Life Is Certain Except Death, Taxes and Student Loan Debt
This panel will focus on recent trends in student loan dischargeability cases, including whether the Brunner standard should be revisited, and recent case law involving tax debts.
Charles S. Parnell, Moderator
Parnell & Associates; Wheat Ridge, Colo.
Scott M. Browning
Lewis Roca Rothgerber Christie
Daniel Fisher
General Counsel, ECMC; Saint Paul, Minn.
Tami Gadd-Willardson
Office of the Chapter 13 Trustee; Salt Lake City
James B. Holden
Senior Assistant Attorney General; Denver
Hon. Joel T. Marker
U.S. Bankruptcy Court (D. Utah); Salt Lake City
3:30-4:45 p.m.
Concurrent Sessions (3)
The Intersection Between Bankruptcy and Consumer Protection Laws
This panel will focus on the sale of discharged debts, the intersection between the Code and the FDCPA, the involvement of the CFPB in consumer cases, and more.
Hon. Kevin R. Anderson, Moderator
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Britney Beall-Eder
Weinstein & Riley, P.S.; Broomfield, Colo.
Rick Wynkoop
Wynkoop & Thomas, P.C.; Denver
2015 Rocky Mountain Bankruptcy Conference Advisory Board
Hon. Elizabeth E. Brown, Judicial Chair
U.S. Bankruptcy Court (D. Colo.); Denver
Gil A. Miller, Co-Chair
Rocky Mountain Advisory; Salt Lake City
Risa Lynn Wolf-Smith, Co-Chair
Holland & Hart LLP; Denver
John F. Young, Co-Chair
Markus Williams Young & Zimmermann LLC; Denver
Advisory Board
Stephen E. Berken — Co-Chair, Consumer Bankruptcy Education
Law Offices of Stephen Berken; Denver
Deanna L. Westfall — Co-Chair, Consumer Bankruptcy Education
Weinstein & Riley, P.S.; Broomfield, Colo.
Michael R. Johnson — Sponsorship Coordinator
Ray Quinney & Nebeker; Salt Lake City
Christian Carl Onsager — Sponsorship Coordinator
Onsager | Guyerson | Fletcher | Johnson; Denver
Hon. Kevin R. Anderson
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Troy J. Aramburu
Snell & Wilmer; Salt Lake City
J. Thomas Beckett
Parsons Behle & Latimer; Salt Lake City
Chad S. Caby
Lewis Roca Rothgerber LLP; Denver
Kenneth L. Cannon, II
Durham Jones & Pinegar; Salt Lake City
Bradford E. Dempsey
Faegre Baker Daniels LLP; Denver
Theodore J. Hartl
Lindquist & Vennum LLP; Denver
Peggy Hunt
Dorsey & Whitney LLP; Salt Lake City
David T. Johnson
Otten Johnson Robinson Neff + Ragonetti PC
Eric E. Johnson
Sherman & Howard L.L.C.; Denver
Lee M. Kutner
Kutner Brinen Garber P.C.; Denver
Bria LaSalle Mertens
Stoel Rives LLP; Salt Lake City
Tara Gaschler Salinas
Colorado Bankruptcy Law Group LLC; Denver
Harvey Sender
Sender Wasserman Wadsworth, P.C.; Denver
Prof. Michael D. Sousa
University of Denver Sturm College of Law; Denver
D. Ray Strong
S3 Advisory
Kimberley H. Tyson
Ireland Stapleton Pryor & Pascoe, PC; Denver
Ellen R. Welner
Douglas B. Kiel, Chapter 13 Trustee; Denver
Conference Information
Hotel
An icon of sophistication housed inside a landmark 45-story tower, the Four Seasons Hotel Denver offers ultra-spacious guest rooms and suites. Inviting and residential in style, the hotel’s urban-chic design subtly reflects the natural beauty of Colorado, and its oversized windows offer thrilling downtown views and Rocky Mountain vistas.
A block of rooms is being held on a first-come, first-served basis. The special room rate is $235 per night; reservations must be made by January 4, 2016, to secure the special rate. Reservations may be made by calling the Four Seasons directly at (303) 389-3000 and asking to be placed in the specially rated ABI block. ABI cannot guarantee anyone a room after the block is filled.
IWIRC Program
The International Women’s Insolvency and Restructuring Confederation will hold its annual three-hour program prior to the start of the Rocky Mountain Bankruptcy Conference on Thursday, January 21. The cost is an additional $50; please mark the appropriate box on the registration form to attend.
Transportation
Denver International Airport (DEN) is a 30-minute cab ride to the Four Seasons Hotel Denver.
Conference Attire
Attire is business casual throughout the conference.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by December 31, 2015. No refunds will be granted after December 31, but substitutions will be allowed. After December 31, 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.
Continuing Education
Rocky Mountain Bankruptcy Conference: Approval for approximately 12 hours of CLE credit, including 3 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 14 hours of CLE credit, including 3.5 hours 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 by the State Bar of California in the amount of 12 hours, of which 3 hours will apply to legal ethics. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 14 credit hours, of which 3.5 hours of credit can be applied toward the ethics professionalism requirement. 14 hours of CPE credit, including 3.5 hours of ethics, are also available.
Rocky Mountain Consumer Workshop: Approval for approximately 7.5 hours of CLE credit, including 3 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 9.5 hours of CLE credit, including 3.5 hours 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 by the State Bar of California in the amount of 7.5 hours, including 3 hours of ethics. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 9.5 credit hours, including 3.5 hours of ethics. 9.5 hours of CPE credit, including 3.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge of 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.
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 e-mail to [email protected].
Double Black Diamond Sponsors
Dorsey & Whitney LLP
Durham Jones & Pinegar
Holland & Hart LLP
IWIRC Mountain Desert Network
Kutner Brinen Garber P.C.
Lindquist & Vennum LLP
Onsager | Guyerson | Fletcher | Johnson
Otten Johnson Robinson Neff + Ragonetti PC
Parsons Behle & Latimer
Ray Quinney & Nebeker
Rocky Mountain Advisory
Snell & Wilmer
Stoel Rives LLP
Summit Investment Management
Black Diamond Sponsors
Ballard Spahr LLP
Bieging Shapiro & Barber LLP
Markus Williams Young & Zimmermann LLC
Blue Sponsors
Connolly, Rosania & Lofstedt
Cordes & Company
Fabian VanCott
Faegre Baker Daniels LLP
Law Offices of Stephen Berken
Lewis Roca Rothgerber Christie
Moye White LLP
RubinBrown LLP
Sender Wasserman Wadsworth, P.C
S3 Advisory
Green Sponsors
Allen & Vellone, P.C.
Berenbaum Weinshienk PC
Buechler Law Office, L.L.C.
Ireland Stapleton Pryor & Pascoe, PC
r2 advisors, llc
Sherman & Howard LLC
Special Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, Conway MacKenzie for the educational materials on USB drives, Thomson Reuters for the printed educational materials and Wilmington Trust for the conference tote bags.
2016 Conference Rates
Early Bird (postmarked by 11/6/15) |
Regular (11/7/15-1/1/16) |
Late (after 1/1/16) |
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Rocky Mountain Bankruptcy Conference | ||||
ABI Member |
$575
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$625 |
$675
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New ABI Member* |
$850
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$900 |
$950
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Govt./Aca. ABI Member |
$345
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$395 |
$445
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Govt./Aca. New ABI Member* |
$440
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$490 |
$540
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Consumer Workshop ONLY Pricing (program only on 1/22/16) | ||||
ABI Member | $295 | $345 | $395 | |
New Member* | $390 | $440 | $490 | |
Optional Events | ||||
IWIRC Program Fee (includes lunch) |
$50
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Thursday Networking Reception |
Free
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Thursday Networking Reception Guest |
$40
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Friday Networking Reception |
Free
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Friday Networking Reception Guest |
$40
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* Includes a one-year ABI membership for first-time members only — a $295 value! Expired members should select the member rate and add in the membership renewal fee on this form. You must be an ABI member to attend the conference.