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Sessions

Event Information 281304

Monday, February 3

6:00-7:30 p.m.

Opening Reception

Sponsored by C. Conde & Assoc. and Charles A. Cuprill Law Offices PSC

Tuesday, February 4

7:00-7:45 a.m.

Continental Breakfast

7:45-8:00 a.m.

Welcome and Opening Remarks

Rudy J. Cerone, Symposium Co-Chair

McGlinchey Stafford PLLC; New Orleans

Hon. Brian K. Tester, Judicial Chair

U.S. Bankruptcy Court (D. P.R.); San Juan

8:00-9:30 a.m.

The Impact of Technology on the Legal Profession, and Ethical Considerations to Avoid Malpractice

The rise of cutting-edge technology is greatly impacting the legal profession and the restructuring industry. Failure to know and understand such technology is a violation of many state Bar rules. This panel of experts will provide practical and ethical guidance related to the use of technology, along with practice pointers to avoid malpractice. Topics will include the Model Rules, state law rules and other regulations involving technology requirements, recommendations related to cybersecurity, data breaches and privacy, case law related to social media usage, and ways in which artificial intelligence is being used for research and discovery in various legal proceedings.

Jennifer Meyerowitz, Moderator

Summit Investment Management; Atlanta

Ashley A. Edwards

Parker Poe Adams & Bernstein LLP; Charlotte, N.C.

Bradley Koehler

Alvarez & Marsal; Jacksonville, Fla.

Travis Vandell

Stretto; Irvine, Calif.

9:30-10:30 a.m.

Concurrent Sessions (2)

Consumer Track: Final Report of the ABI Consumer Commission

The panelists will discuss the findings and recommendations of the ABI Commission on Consumer Bankruptcy, focusing on areas of great interest to the Commission within the broad categories addressed in the Final Report of the Commission: (1) Effectuating the Fresh Start; (2) Providing Creditor Certainty and Reducing Costs; (3) Facilitating Effective Access to Bankruptcy; (4) Making Chapter 13 Work for All Stakeholders; and (5) Systems Issues.

Hon. Eugene R. Wedoff (ret.), Moderator

Oak Park, Ill.

Alane A. Becket

Becket & Lee LLP; Malvern, Pa.

Rudy J. Cerone

McGlinchey Stafford PLLC; New Orleans

Business Track: Chapter 15 and Cross-Border Asset-Recovery Update

This panel will focus on the latest developments in how jurisdictions are working together, including an update on chapter 15s, a discussion of the UNCITRAL Model Law on group enterprises, the guide to enactment, and the model law on asset-recovery that is currently in the works. The panel will also discuss strategic methods for locating and preserving assets across borders.

Prof. Andrew Dawson, Moderator

University of Miami School of Law; Miami

Gregory S. Grossman

Sequor Law; Miami

Christopher J. Redmond

Redmond Law Firm LLC; Overland Park, Kan.

Maureen M. Ward

Bennett Jones LLP; Toronto

10:30-10:45 a.m.

Refreshment Break

Sponsored by Foley & Lardner, LLP

10:45-11:45 a.m.

Concurrent Sessions (2)

Consumer Track: Student Loan Update and the State of Higher Education Across Jurisdictions

This panel will discuss case law updates, legislative updates and student loan modification programs, as well as the latest developments in student loan dischargeability and how both the government and the courts are dealing with student loan forgiveness. The panelists also will address the latest developments in higher-education restructuring and liquidation, and why colleges and universities traditionally avoid filing for bankruptcy.

Anthony J. Guida, Jr., Moderator

Duane Morris LLP; San Diego

Marjorie E. Kaufman

Getzler Henrich & Associates LLC; Boston

Hon. Cynthia A. Norton

U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Robin R. Weiner

Office of the Standing Chapter 13 Trustee; Fort Lauderdale, Fla.

Business Track: Future Claims, Mass Torts, Channeling Injunctions and Nonconsensual Releases in Chapter 11 Plans

How to define, value and treat “future claims” in mass tort cases continues to challenge chapter 11 practitioners, financial advisors and the courts. This panel will discuss the arrangements for compensating tort victims whose claims may not have become fully ripe as of the petition date, with an eye toward recent decisions involving channeling injunctions and nonconsensual third-party releases. Courts and judges are split on exactly what constitutes “consent”: whether creditors are deemed to have given consent by voting in favor of (or not voting against) a plan, or whenever they must take the affirmative action of “opting in.”

Elizabeth A. Green, Moderator

BakerHostetler; Orlando, Fla.

Carol L. Fox

GlassRatner Advisory & Capital Group LLC; Ft. Lauderdale, Fla.

Hon. Robert A. Mark

U.S. Bankruptcy Court (S.D. Fla.); Miami

Dania Slim

Pillsbury Winthrop Shaw Pittman LLP; Miami

11:45 a.m.-12:00 noon

Refreshment Break

12:00-1:15 p.m.

Concurrent Sessions (2)

Consumer Track: Consumer Bankruptcy Concerns, Both Present and Developing

This panel will discuss, among other issues, the challenges for debtors who want to retain their residential real property, mediation and valuation issues and the new chapter 13 plan form, as well as cryptocurrency and bankruptcy — what cryptocurrency is, how cryptocurrency trends affect bankruptcy, and whether a cryptocurrency debt may be discharged.

Hon. Enrique S. Lamoutte, Moderator

U.S. Bankruptcy Court (D. P.R.); San Juan

Juan A. Cuyar Cobb

Fernandez, Collins & Rivero-Vergne; San Juan, Puerto Rico

Edgardo Mangual Gonzalez

EMG Despacho Legal; San Juan, Puerto Rico

Alexander Nader

Federal Bureau of Investigation; Miami

Business Track: The Bankruptcy Trustee vs. Uncle Sam: Dividing the Proceeds of the Crime

Real world questions such as, “Should we do this?” and “What happens if I get caught?” rattle through the minds of fraudsters at one point or another. Exposed and amid criminal seizure and forfeiture actions imposed by the DOJ, SEC and other regulatory bodies, the once-masters of their universe have no other choice but to file for bankruptcy. This panel will explore financial crimes, including Ponzi and FCPA schemes, that have resulted in bankruptcy filings, and the conflict that ultimately arises between the bankruptcy estate and the federal government over the seized and forfeited assets. Topics will include asserting a legal interest in the assets, the look-back period, remedies to the bankruptcy estate and priority schemes.

Hon. Caryl E. Delano, Moderator

U.S. Bankruptcy Court (M.D. Fla.); Tampa

John R. Dodd

Greenburg Traurig, LLP; Miami

Evelyn B. Sheehan

Kobre & Kim LLP; Miami

Frank P. Terzo

Nelson Mullins Riley & Scarborough LLP; Fort Lauderdale, Fla.

1:15-2:30 p.m.

Networking Luncheon

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 that is and isn’t 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

Chapter 13 Trustee; Nashville, Tenn.

Hon. Keith M. Lundin (ret.)

Lundin on Chapter 13; Pittsburgh

3:45-4:00 p.m

Refreshment Break

4:00-5:15 p.m.

Consumer Track: Recent Developments in Chapter 13, Part 2

5:15-6:45 p.m.

Networking Reception

Sponsored by Bedell Cristin Cayman Partnership

Wednesday, February 5

7:45-8:45 a.m.

Breakfast with the Judges

8:45-9:45 a.m.

Concurrent Sessions (2)

Financial Advisors Track (NEW): Bankruptcy 101: Bankruptcy Basics for Financial Advisors

This introductory session is designed for financial advisors with minimal bankruptcy experience. The panelists will discuss bankruptcy basics, including retention (conflict checks and applications to employ), getting paid (fee applications and interim invoicing orders), types of bankruptcies (the differences between cases under chapters 11, 7 and chapter 15, and conversion from chapter 11 to chapter 7), standard bankruptcy forms (dockets, claims registers and bankruptcy forms, including bankruptcy schedules, Statement of Financial Affairs, proofs of claim and monthly operating reports) and U.S. Trustee fees.

Kathryn B. McGlynn

New York

Albert Tamarez-Vasquez

Tamarez CPA, LLC; San Juan, Puerto Rico

Nellwyn Voorhies

Donlin Recano & Co., Inc.; San Diego

Business Track: A Primer on Small Business Bankruptcies and How to Confirm Plans in Small Business Cases

This panel will open with a mock interview featuring a client who has a business that could qualify as a small business under the new Small Business Restructuring Act of 2019. Three panelists will then discuss the two (or three) different options and what the attorney should consider before advising the client on which path the client should follow. The scenario will include facts that could create issues under any scenario (for example, the cost of a “regular” chapter 11 versus the problem with getting votes versus the short time frames of a small business chapter 11 and whether those time frames can be met).

Hon. Laurel M. Isicoff, Moderator

U.S. Bankruptcy Court (S.D. Fla.); Miami

Sonia Colón

Ferraiuoli, LLC; Orlando, Fla.

Wigberto Lugo-Mender, Jr.

Lugo Mender Group LLC; San Juan, Puerto Rico

Zach B. Shelomith

Leiderman Shelomith Alexander + Somodevilla, PLLC; Fort Lauderdale, Fla.

9:45-10:00 a.m.

Refreshment Break

10:00-11:30 a.m.

Concurrent Sessions (2)

Financial Advisors Track: The Financial Advisor’s Role in Business Bankruptcy Cases

I’m employed! Now what? This panel will provide an overview of the financial advisor’s role in business bankruptcy cases, including gathering pre-petition data (e.g., two-year disbursement activity, financial statements, appraisals, insurance policies, payroll registers), preparing bankruptcy forms (bankruptcy schedules, Statements of Financial Affairs (SOFAs), monthly operating reports), investigating preferences and fraudulent transfers, tax-reporting requirements (pre-petition tax returns, payroll tax returns), and winding down pre-petition profit-sharing and retirement plans.

Shanté M. George

Baker Tilly Virchow Krause, LLP; New York

Arnaldo Garcia

CPA; San Juan, Puerto Rico

Anibal Jover Pages

Jover & Leon CPA LLC; San Juan, Puerto Rico

Melissa M. Root

Jenner & Block; Chicago

Robert P. Wexler

The Tron Group; Boston

Business Track: Chapter 11: Practical Skills and Case Law Update

This panel will provide a “chapter 11 crash course” for attorneys who are new to chapter 11 practice or who are looking for an overall refresher and update on chapter 11 basics and trends. The panelists will begin with a discussion of the different uses of chapter 11 (voluntary vs. involuntary; reorganization vs. liquidation; plan vs. § 363 sale). The panel will then discuss litigation skills and practice pointers for chapter 11 attorneys, concluding with a discussion of recent “hot topic” case law developments in the chapter 11 context of which every chapter 11 attorney should be aware.

Hon. Enrique S. Lamoutte, Moderator

U.S. Bankruptcy Court (D. P.R.); San Juan

Antonio A. Arias-Larcada

McConnell Valdés LLC; San Juan, Puerto Rico

Carmen D. Conde-Torres

C. Conde & Associates; San Juan, Puerto Rico

Carlos Infante Gutiérrez

Estrella, LLC; San Juan, Puerto Rico

Luis M. Lluberas

Moore & Van Allen PLLC; Charlotte, N.C.

11:30 a.m.-12:30 p.m.

Concurrent Sessions (2)

Financial Advisors Track: The Financial Advisor’s Role in Complex Chapter 11 Cases

This panel will focus on the financial advisor’s role in a complex chapter 11 case in what is sure to be a fast-paced and lively discussion. The panelists will focus on pre-bankruptcy planning (13-week cash flow, identification of critical vendors, WARN Act considerations, preservation of pre-petition records), DIP financing (cash-collateral budgets (i.e., 13-week cash forecast), weekly monitoring of cash flow), first-day motions (critical vendors, suppliers, cash management (including permission to use pre-petition bank accounts, honoring outstanding checks and intercompany transactions), employees, insurance, industry-specific considerations (i.e., health care, mining, energy, etc.)), plans of reorganization (plan-support agreements and negotiations of the terms of a plan, identification of classes of creditors) and disclosure statements (feasibility, liquidation analysis).

Maria M. Yip, Moderator

Yip Associates; Miami

Christian Alcala

BMS, LLC; San Juan, Puerto Rico

Aida Escribano

BDO; San Juan, Puerto Rico

Franklind D. Lea

Tactical Financial Consulting; Alpharetta, Ga.

Business Track: Cannabis Businesses and Cannabis-Related Income Streams in Chapter 11 Cases

This panel will explore how and whether participants in the cannabis industry (i.e., landlords, employees, business partners) can utilize the Bankruptcy Code to obtain bankruptcy relief. The panel will first discuss bankruptcy cases involving debtors with varying levels of interaction with the cannabis industry, ranging from debtors who grow marijuana to those whose businesses merely interact with the cannabis industry. The panel will then discuss the Garvin case from the Ninth Circuit (and perhaps others), where the court confirmed a chapter 11 plan involving a debtor who rented property to a marijuana business. The panel will conclude with a discussion of other insolvency options for entities engaged in businesses related to the marijuana industry (i.e., state court assignments for the benefit of creditors).

Alan R. Rosenberg, Moderator

Markowitz Ringel Trusty & Hartog, P.A.; Miami

Allison R. Day

Genovese Joblove & Battista, P.A.; Miami

Hon. Keith M. Lundin (ret.)

Lundin on Chapter 13; Pittsburgh

Carolina Velaz Rivero

Marini Pietrantoni Muñiz LLC; San Juan, Puerto Rico

12:30 p.m.

Ajourn

 

Partners

Platinum Sponsor

Sequor Law

Silver Sponsor

BakerHostetler
Bedell Cristin Cayman Partnership
C. Conde & Associates 
Charles A. Cuprill Law Offices PSC
Estrella, LLC
Ferraiuoli, LLC
Foley & Lardner, LLP
Genovese Joblove & Battista, P.A.
Greenberg Traurig, LLP
McConnell Valdés LLC
McGlinchey Stafford PLLC
Nelson Mullins Riley & Scarborough LLP

Bronze Sponsor

Berger Singerman LLP
Edgardo Mangual González
Kozyak Tropin & Throckmorton LLP
Markowitz Ringel Trusty & Hartog, P.A.
Pillsbury Winthrop Shaw Pittman LLP
Yip Associates

Hotel

Hotel

Discover the warmth of the Caribbean and the charming hospitality of Puerto Rico at the newly renovated El San Juan Hotel in San Juan. Located in the fashionable Isla Verde district, this charming resort is nestled along the most beautiful beach on the island and surrounded by 15 lush acres of landscaped grounds — perfectly blending tropical splendor with old-world sophistication. Spend your days relaxing on the white-sand beach, then explore the thrilling nightlife of the city, or test your luck at the resort casino.

 

ABI has arranged for a special conference rate of $399 single/double. To secure this special rate, reservations must be made by January 2, 2020. 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 (844) 863-0331 and identifying yourself with the Caribbean Insolvency Symposium/ABI room block.

Travel

El San Juan Hotel is conveniently located only 10 minutes from Luis Muñoz Marin International Airport.

Continuing Education Credit

This program is eligible for 10.5 hours of general CLE credit, including 1.5 hours of ethics/professionalism, in states calculating CLE on a 60-minute hour, and 12.6 hours of general CLE credit, including 1.8 hours of ethics/professionalism, in 50-minute-hour states. Credit hours are estimated and are subject to each state’s approval and credit-rounding rules, and might not be approved prior to the program. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 10.5 hours, of which 1.5 hours will apply to ethics. NY MCLE: This course or program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 12.5 credit hours, of which 11 credit hours can be applied toward the professional practice requirement and 1.5 credit hours can be applied toward the ethics professionalism requirement.

 

12.5 hours of CPE credit, including 1.5 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 submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org.

 

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 jguirguis@abiworld.org.

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by January 13, 2020. No refunds will be made if notice is received after January 13, although substitutions will be allowed. After January 13, 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.

 

Rates

Registration Rates* Early Bird
(by 11/22/19)
Regular
(11/23/19-1/3/20)
Late
(after 1/3/20)

ABI Member
$420
$470
$520
Join ABI and Save*
$745
$795
$845
ABI Non-Member Rate
$795
$845
$895
Govt./Aca. ABI Member
$270
$320
$370
Govt./Aca. ABI Non-Member*
$365
$415
$465

* Includes a one-year membership for first-time members only — a $350 value! Membership is individual and nonrefundable. If your membership has expired, choose the member rate and add in your renewal fee.