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Event Information 230678

Wednesday, September 16

8:00-9:30 a.m.

Continental Breakfast and Registration

9:30 a.m.-12:30 p.m.*

Advanced Program

DIP Financing, Pre-Confirmation Sales and Out-of-Court Restructurings

This session will cover DIP financing, pre-confirmation sales with a focus on the ABI Commission’s proposed § 363x and its rejected surcharge proposal, and Section 316b of the Trust Indenture Act.

Hon. Shelley C. Chapman, Moderator

U.S. Bankruptcy Court (S.D.N.Y.); New York

Prof. Barry E. Adler

Petrie Professor of Law and Business

New York University School of Law

Dennis F. Dunne

Milbank, Tweed, Hadley & McCloy LLP; New York

Marcia L. Goldstein

Weil, Gotshal & Manges LLP; New York

Damian S. Schaible

Davis Polk & Wardwell LLP; New York

* Includes a 15-minute refreshment break from 10:30-10:45 a.m.

12:30-2:00 p.m.

Lunch Break

Participants are responsible for their own meal arrangements with the wide variety of restaurants and coffee shops in the vicinity of Washington Square.

2:00-3:30 p.m.

Advanced Program

Governance, Safe Harbors and Ethics Part 1

This session will focus on avoidance powers, the ABI Commission’s proposed estate neutral, fiduciary duties and to whom owed (including ethical implications for lawyers), the ABI Commission’s proposed changes to safe harbors, and the special case of financial institutions.

Hon. Sean H. Lane, Moderator

U.S. Bankruptcy Court (S.D.N.Y.); New York

Ralph R. Mabey

Kirton McConkie PC; Salt Lake City

Prof. Edward Rust Morrison

Columbia Law School; New York

Harold S. Novikoff

Wachtell, Lipton, Rosen & Katz; New York

Jane Lee Vris

Millstein & Co., L.P.; New York

3:30 – 3:45 p.m.

Refreshment Break

3:45-5:00 p.m.

Advanced Program

Governance, Safe Harbors and Ethics Part 2

Hon. Sean H. Lane, Moderator

U.S. Bankruptcy Court (S.D.N.Y.); New York

Ralph R. Mabey

Kirton McConkie PC; Salt Lake City

Prof. Edward Rust Morrison

Columbia Law School; New York

Harold S. Novikoff

Wachtell, Lipton, Rosen & Katz; New York

Jane Lee Vris

Millstein & Co., L.P.; New York

Thursday, September 17

8:00-9:30 a.m.

Continental Breakfast and Check-In

9:30 a.m.-12:30 p.m.*

Advanced Program

Secured Creditors and Absolute Priority

This session includes discussion on the differences in methods of collateral valuation for adequate-protection and chapter 11 plan purposes, the post-petition effect of security interests, post-confirmation interest (including the ABI Commission’s proposal on the topic), and modification of absolute priority with the Commission’s proposed redemption option value distribution.

Hon. Allan L. Gropper, Moderator

U.S. Bankruptcy Court (S.D.N.Y.); New York

Donald S. Bernstein

Davis Polk & Wardwell LLP; New York

Stephen Karotkin

Weil, Gotshal & Manges LLP; New York

James E. Millstein

Millstein & Co., L.P.; Washington, D.C

James P. Seery, Jr.

River Birch Capital, LLC; New York

* Includes a 15-minute refreshment break from 10:30-10:45 a.m.

12:30-2:00 p.m.

Lunch Break

Participants are responsible for their own meal arrangements with the wide variety of restaurants and coffee shops in the vicinity of Washington Square.

2:00-5:00 p.m.*

Closing Session

Other Plan-Confirmation Issues and Beyond

This session will examine voting rules, the ABI Commission’s proposed repeal of § 1129(a)(10), third-party releases, the role of restructuring support agreements, post-confirmation entities created in a chapter 11 plan, and in pari delicto (against reorganized entities).

Hon. Robert D. Drain, Moderator

U.S. Bankruptcy Court (S.D.N.Y.); White Plains

Prof. Douglas G. Baird

University of Chicago Law School; Chicago

Hon. Arthur J. Gonzalez (ret.)

New York University School of Law

Richard G. Mason

Wachtell, Lipton, Rosen & Katz; New York

Prof. John A.E. Pottow

University of Michigan Law School; Ann Arbor, Mich.

* Includes a 15-minute refreshment break from 3:30-3:45 p.m.

5:00 p.m.

Adjourn

5:00-6:15 p.m.

Cocktail Reception

Sponsored by Bloomberg Law

 

Program Directors

Barry E. Adler

Petrie Professor of Law and Business

New York University School of Law

Hon. Arthur J. Gonzalez (ret.)

New York University School of Law

Judicial Faculty

Hon. Shelley C. Chapman

U.S. Bankruptcy Court (S.D.N.Y.); New York

Hon. Robert D. Drain

U.S. Bankruptcy Court (S.D.N.Y.); White Plains

Hon. Allan L. Gropper

U.S. Bankruptcy Court (S.D.N.Y.); New York

Hon. Sean H. Lane

U.S. Bankruptcy Court (S.D.N.Y.); New York

Program Faculty Members

Prof. Douglas G. Baird

University of Chicago Law School; Chicago

Donald S. Bernstein

Davis Polk & Wardwell LLP; New York

Dennis F. Dunne

Milbank, Tweed, Hadley & McCloy LLP; New York

Marcia L. Goldstein

Weil, Gotshal & Manges LLP; New York

Stephen Karotkin

Weil, Gotshal & Manges LLP; New York

Ralph R. Mabey

Kirton McConkie PC; Salt Lake City

Richard G. Mason

Wachtell, Lipton, Rosen & Katz; New York

James E. Millstein

Millstein & Co., L.P.; Washington, D.C.

Prof. Edward Rust Morrison

Columbia Law School; New York

Harold S. Novikoff

Wachtell, Lipton, Rosen & Katz; New York

Prof. John A.E. Pottow

University of Michigan Law School; Ann Arbor, Mich.

Damian S. Schaible

Davis Polk & Wardwell LLP; New York

James P. Seery, Jr.

River Birch Capital, LLC; New York

Jane Lee Vris

Millstein & Co., L.P.; New York

Workshop Information

Accommodations and Meals

Participants are responsible for their own travel, hotel and meal arrangements. The program will include daily continental breakfasts and afternoon refreshment breaks. Some nearby hotels to consider are the Soho Grand Hotel, The Empire Hotel, the Holiday Inn Downtown, Washington Square Hotel and the Comfort Inn Manhattan. These listings are provided for informational purposes only and are not vendor endorsements or recommendations.

Transportation

The Workshop will be held at New York University School of Law, which is located at 40 Washington Square South. NYU School of Law and Washington Square are just one block east of the West Fourth Street subway station (A, B, C, D, E, F and V trains) at Sixth Avenue and two blocks west of the N and R subway lines at Eighth Street.

Continuing Education Credit

11 hours of general CLE credit, including 2.75 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 13 hours of general 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 13 credit 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 11 hours, of which 2.75 hours will apply to ethics. 13 hours of CPE credit, including 3 hours of ethics, are also available.

 

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.

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. Illinois Attorneys: If registration fees are more than $500, attorneys who qualify will receive a reduction of at least 50% off the registration fee. All applications for financial assistance must be submitted by September 30, 2015. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to jguirguis@abiworld.org.

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by August 26, 2015. No refunds will be granted after August 26, but substitutions will be allowed. After August 26, 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.

Sponsors

Bloomberg LawKramer Levin

Special Thanks

We extend our special thanks to Bloomberg BRIEF for the media partnership, Conway MacKenzie for the conference materials on USB drives, Donlin, Recano & Company, Inc. for the conference lanyards, LexisNexis for the Collier Portable Bankruptcy Code and Rules, Thomson Reuters for the printed educational materials and Wilmington Trust for the tote bags.

Conference Rates

Registration Rates Early Bird
(postmarked by 8/7/2015)
Regular
(after 8/7/2015)
Government/Nonprofit

ABI Member
$775
$895
$650

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