The health and safety of our attendees, guests and ABI staff is always our top priority, so ABI is working closely with our hotel partners to ensure that best practices are in place throughout every step of your meeting journey. By registering for the program, attendees and their guests agree to ABI’s COVID-19 Safety Protocols and Release.
Throughout the course of the program, ABI will be complying with, and expects its attendees and their guests to comply with, the preventive measures put in place by the JW Marriott, which can be found here: Health & Safety Precautions. These include social distancing while inside and wearing masks at program sessions and events. ABI will also require all attendees to complete a health check form the morning prior to attending the program. The link to the health check will appear in an attendee email prior to the start of the program. For more information on the hotel’s enhanced precautions, please visit https://whattoexpect.marriott.com/wasjw. ABI will also be providing contactless check-in and CLE tracking for attendees.
Friday, September 24 7:30-8:15 a.m. Registration and Breakfast with the Judges and Advisory Board *In-person attendees only* Sponsored by Cravath, Swaine & Moore LLP 8:15-8:30 a.m. Welcome and Opening Remarks 8:30-9:30 a.m. Confirmation: Brave New World? This session will cover one-day cases and the impact of the extraordinary and unforeseen changes in the economy. Are death-trap plans permissible or bad faith? The panelists will also discuss feasibility in a post-COVID world and RSAs. Jay M. Goffman, Moderator Rothschild & Co.; New York Hon. Robert D. Drain U.S. Bankruptcy Court (S.D.N.Y.); White Plains Hon. Christine M. Gravelle U.S. Bankruptcy Court (D. N.J.); Trenton Hon. Marvin P. Isgur U.S. Bankruptcy Court (S.D. Tex.); Houston Leslie C. Heilman, Facilitator Ballard Spahr LLP; Wilmington, Del. 9:30-9:45 a.m. Networking Break 9:45-10:45 a.m. Confirmation: The Rest of the Story The panelists will continue the conversation on confirmation by examining judicial vs. market valuation, valuation in light of Speedcast Int’l., equitable mootness, exclusivity termination, and the latest developments in § 363 sales. Paul D. Leake, Moderator Skadden, Arps, Slate, Meagher & Flom LLP; New York Hon. Janet S. Baer U.S. Bankruptcy Court (N.D. Ill.); Chicago Hon. Clifton R. Jessup, Jr. U.S. Bankruptcy Court (N.D. Ala.); Decatur Hon. David R. Jones U.S. Bankruptcy Court (S.D. Tex.); Houston Hon. Sean H. Lane U.S. Bankruptcy Court (S.D.N.Y.); New York Anupama Yerramalli, Facilitator Latham & Watkins LLP; New York 10:45-11:00 a.m. Networking Break Sponsored by McGuireWoods LLP 11:00 a.m.-12:00 noon The Changing Real Estate Landscape The panelists will compare the leniency of bankruptcy courts vs. state courts in regard to real estate, including their flexibility on assumption/rejection and delayed rent payments, and the resulting impact on commercial properties and law firms, as well as adequate protection. The implications of the Fulton decision will also be discussed. Michael L. Bernstein, Moderator Arnold & Porter Kaye Scholer LLP; Washington, D.C. Hon. Lisa G. Beckerman U.S. Bankruptcy Court (S.D.N.Y.); White Plains Hon. Rosemary J. Gambardella U.S. Bankruptcy Court (D. N.J.); Newark Hon. Cecilia G. Morris U.S. Bankruptcy Court (S.D.N.Y.); Poughkeepsie Hon. Karen B. Owens U.S. Bankruptcy Court (D. Del.); Wilmington Kristin K. Going, Facilitator McDermott Will & Emery; New York 12:00-1:30 p.m. Working Lunch *In-person attendees only* Lunch with the judges and faculty from the morning’s panels, with new facilitators leading the discussions. Sponsored by BakerHostetler and Pachulski Stang Ziehl & Jones Confirmation: Brave New World? Damian S. Schaible Davis Polk & Wardwell LLP; New York Confirmation: The Rest of the Story Dan T. Moss Jones Day; Washington, D.C. The Changing Real Estate Landscape Lorenzo Marinuzzi Morrison & Foerster LLP; New York 1:30-1:40 p.m. Networking Break 1:40-2:40 p.m. Great Debates Norman N. Kinel, Moderator Squire Patton Boggs; New York Resolved: The Bankruptcy Code impliedly repeals the Federal Arbitration Act with respect to disputes regarding the allowance of claims against a bankruptcy estate. Pro: Hon. Ashely M. Chan U.S. Bankruptcy Court (E.D. Pa.); Philadelphia Con: Hon. Eric L. Frank U.S. Bankruptcy Court (E.D. Pa.); Philadelphia Resolved: A chapter 11 plan of reorganization may lawfully release the liability of a third party for its own tortious conduct without the consent of the creditor whose claim is being released. Pro: Hon. Janet E. Bostwick U.S. Bankruptcy Court (D. Mass.); Boston Con: Hon. Frank J. Bailey U.S. Bankruptcy Court (D. Mass.); Boston 2:40-3:00 p.m. Networking Break Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP 3:00-4:00 p.m. Small Business Reorganization This panel will explore the eligibility of small businesses to file under the Small Business Reorganization Act of 2019 (SBRA) and the benefits of doing so, along with recent developments and hot topics in this area of the law. The panelists will also discuss Paycheck Protection Program (PPP) loans and whether these loans count toward debt ceilings (is it debt or a grant?), as well as § 525, which prohibits the Small Business Administration (SBA) from discriminating against debtors. Laura Davis Jones, Moderator Pachulski, Stang, Ziehl & Jones; Wilmington, Del. Hon. Rebecca B. Connelly U.S. Bankruptcy Court (W.D. Va.); Harrisonburg Hon. John T. Dorsey U.S. Bankruptcy Court (D. Del.); Wilmington Hon. James J. Tancredi U.S. Bankruptcy Court (D. Conn.); Avon, Conn. Hon. Michael G. Williamson U.S. Bankruptcy Court (M.D. Fla.); Tampa Alexa J. Kranzley, Facilitator Sullivan & Cromwell LLP; New York 4:00-4:15 p.m. Networking Break 4:15-5:15 p.m. Ethics: The Game-Changing Benefits of Diversity & Elimination of Bias This session will focus on several of the Model Rules of Professional Conduct, including 4.1 (Truthfulness to Others), 7.1 (Communications Concerning Lawyer’s Services) and 8.4 (Misconduct). The panelists will address compensation and diversity in U.S. law firms and the elimination of bias; the importance of diversity and inclusion regarding creativity and innovation, the correlation with financial performance, and improving the workplace and client relationships; and ways in which law firms can actively combat unconscious bias and make retention of diverse talent a priority. Hon. Kevin J. Carey (ret.), Moderator Hogan Lovells US LLP; Philadelphia Hon. Elizabeth L. Gunn U.S. Bankruptcy Court (D. D.C.); Washington Hon. Jeffrey P. Hopkins U.S. Bankruptcy Court (S.D. Ohio); Cincinnati Hon. C. Ray Mullins (ret.) U.S. Bankruptcy Court (N.D. Ga.); Greensboro Hon. Deborah L. Thorne U.S. Bankruptcy Court (N.D. Ill.); Chicago 5:15 p.m. Cocktail Reception *In-person attendees only* Sponsored by Sullivan & Cromwell LLP and Proskauer Rose LLP
Judicial Chair
Hon. Michelle M. Harner
U.S. Bankruptcy Court (D. Md.); Baltimore
Program Chair
Donald A. Workman
BakerHostetler; Washington, D.C.
Advisory Board
Marc E. Albert
Stinson LLP ; Washington, D.C.
Luke A. Barefoot
Cleary Gottlieb Steen & Hamilton LLP; New York
Michael L. Bernstein
Arnold & Porter Kaye Scholer LLP; Washington, D.C.
Robert Britton
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Hon. Kevin J. Carey (ret.)
Hogan Lovells US LLP; Philadelphia
Mark D. Collins
Richards, Layton & Finger, P.A.; Wilmington, Del.
Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C.; New York
Laura Davis Jones
Pachulski Stang Ziehl & Jones; Wilmington, Del.
Mary J. Dowd
Arent Fox LLP; Washington, D.C.
Dennis F. Dunne
Milbank LLP; New York
Douglas M. Foley
McGuireWoods LLP; Washington, D.C.
Jay M. Goffman
Rothschild & Co.; New York
Kristin K. Going
McDermott Will & Emery; Washington, D.C.
Jason W. Harbour
Hunton Andrews Kurth; Richmond, Va.
Leslie C. Heilman
Ballard Spahr LLP; Wilmington, Del.
Thomas M. Horan
Cozen O’Connor; Wilmington, Del.
Vincent Indelicato
Proskauer; New York
Shanti M. Katona
Polsinelli PC; Wilmington, Del.
Norman N. Kinel
Squire Patton Boggs; New York
C. Kevin Kobbe
DLA Piper; Baltimore
Alexa J. Kranzley
Sullivan & Cromwell LLP; New York
David R. Kuney, Chair Emeritus
Washington, D.C.
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Jeffrey A. Liesemer
Caplin & Drysdale, Chartered ; Washington, D.C.
Robert K. Malone
Gibbons PC; Newark, N.J.
Lorenzo Marinuzzi
Morrison & Foerster LLP; New York
Richard M. Meth
Roseland, N.J.
Joseph G. Minias
Willkie Farr & Gallagher LLP; New York
Erika L. Morabito
Quinn Emanuel Urquhart & Sullivan, LLP; Washington, D.C.
Dan T. Moss
Jones Day; Washington, D.C.
Lauren A. Moskowitz
Cravath, Swaine & Moore LLP; New York
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Damian S. Schaible
Davis Polk & Wardwell LLP; New York
Jeffrey L. Tarkenton
Womble Bond Dickinson (US) LLP; Washington, D.C.
Andrew M. Troop
Pillsbury Winthrop Shaw Pittman LLP; New York
James E. Van Horn
Barnes & Thornburg LLP; Washington, D.C.
Irving E. Walker
Cole Schotz P.C.; Baltimore
Anupama Yerramalli
Latham & Watkins; New York
Program Location
JW Marriott Washington, DC
1331 Pennsylvania Avenue NW
Washington, DC 20004
Parking Information
We encourage attendees to take the Metro or a taxi to the program.
The Hotel’s Valet Parking will remain operational and is located at the Front Drive on 14th Street NW between Pennsylvania Avenue NW and F Street NW. Valet parking services are available at a cost of $63. Due to the construction please anticipate longer wait times for Valet to retrieve cars.
Drivers can use the following nearby parking garage:
One Parking
1325 G Street, NW, Washington, DC 20005
12 Hour Rate: $28
24 Hour Rate: $35
1310 G St Garage – ParkChirp
1310 G St. NW, Washington, DC 20005
Reserve parking online / rates varies
Colonial Parking
607 14th Street NW Lot 558– The Westory
1 Hour - Until Closing: $23
Overnight: $35
Ronald Reagan Building Parking
1300 Pennsylvania Avenue NW, Washington, DC 20004
2 Hour: $20
2 to 4 Hours: $22
4 to 15†Hours $25
14 to 24 Hours: $35
6 hours of total CLE credit, including 1 hour of ethics, are pending in states calculating CLE on a 60-minute hour, and 7.2 hours of total CLE credit, including 1.2 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 6 credit hours, of which 1 hour 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 6 hours, of which 1 hour will apply to ethics.
7.2 hours of total CPE credit, including 1.2 hours of ethics of CPE credit, are also available.
➤ CPE credit is NOT AVAILABLE for virtual program attendees.
➤ Bankruptcy 2021: Views from the Bench session recordings will be viewable for on-demand credit until October 24, 2021.
* 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 submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org.
Breakfast Sponsor
Luncheon Sponsors
Refreshment Break Sponsors
Cocktail Reception Sponsors
Conference Hall Sponsors
Attendee Email Sponsor
Wifi Sponsor
General Sponsor
Supporting Sponsors
Arent Fox LLP
Arnold & Porter Kaye Scholer LLP
Barnes & Thornburg LLP
Blank Rome LLP
Caplin & Drysdale
Cleary, Gottlieb, Steen & Hamilton LLP
Cole Schotz P.C.
Cozen O'Connor
Davis Polk
DLA Piper
Hogan Lovells US LLP
Hunton Andrews Kurth LLP
Latham & Watkins LLP
McDermott Will & Emery, LLP
Milbank, Tweed, Hadley & McCloy LLP
Morrison & Foerster LLP
Otterbourg P.C.
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Pillsbury Winthrop Shaw Pittman LLP
Polsinelli
Proskauer
Quinn Emanuel Urquhart & Sullivan LLP
Richards, Layton & Finger, PA
Rothschild
Squire Patton Boggs (US) LLP
Stinson LLP
Willkie Farr & Gallagher LLP
Womble Bond Dickinson (US) LLP
Registration Rates
In-Person Attendee Rates | Regular Rate | Late Rate (after 9/10/21) | |
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ABI Member
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$650
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$750
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ABI Govt./Nonprofit/Aca. Member
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$445
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$545
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Join & Save*
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$1,000
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$1,100
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New Govt./Nonprofit/Aca. ABI Member*
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$570
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$670
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Online Attendee Rates | |||
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ABI Member
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$250
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ABI Govt./Nonprofit/Aca. Member
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$175
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Join & Save*
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$600
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New Govt./Nonprofit/Aca. ABI Member*
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$300
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* Includes a one-year ABI membership for first-time members — a $375 value! Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership-renewal fee.
Cancellation Policy
In-Person Attendee Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by September 2, 2021. No refunds will be granted after September 2, but substitutions will be allowed. After September 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 canceling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Online Attendee Cancellation Policy
No refunds will be granted for the online program. Should you become unable to attend any or all of the sessions, a recording of all sessions will be sent to you, along with the corresponding educational materials.
Anti-Harassment Policy
The American Bankruptcy Institute is dedicated to providing a harassment-free conference experience for everyone, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age or religion. We do not tolerate harassment of conference participants in any form. Sexual language and imagery are not appropriate for any conference venue, including talks. Conference participants violating these rules may be sanctioned or expelled from the conference without a refund at the discretion of the conference organizers. Our anti-harassment policy can be found at https://www.abi.org/about-us/bylaws-and-policies.
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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. Illinois Attorneys: If registration fees are more than $500, attorneys who qualify will receive at least a 50% reduction in the registration fee. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].