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
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* 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