2021 Southwest Bankruptcy Conference

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2021 Southwest Bankruptcy Conference

August 25-27, 2021 • Four Seasons Las Vegas • Las Vegas

Meet us in Las Vegas for the 2021 Southwest Bankruptcy Conference! After a one-year hiatus due to the pandemic, we are thrilled to be back at the fabulous Four Seasons Las Vegas. As a leader in hotel cleanliness and safety standards, there is no better place to meet for this yearly conference. We are also presenting a virtual option for those who cannot make it to the venue.

An outstanding faculty of regional judges and practitioners will be presenting information-packed sessions on a variety of topics, both business and consumer — ensuring that there is something for everyone.

We’re betting that you’ll want to join us!

Click here to access the schedule for the virtual program.

Sessions

Event Information 296999

Wednesday, August 25

3:00-6:00 p.m.

ABI Registration Desk Open

5:00-6:00 p.m.

40 Under 40 Reception

6:00-8:00 p.m.

Opening Reception

Thursday, August 26

7:00 a.m.-5:00 p.m.

ABI Registration Desk Open

7:30-8:00 a.m.

Networking Breakfast

8:00-8:15 a.m.

Welcome Remarks

8:15-9:30 a.m.

Judicial Roundtable

The Judges Roundtable will provide opportunities for discussion and interaction with our exciting panel of judges from around the country. Participants can engage in a small group format on the following three topics: (1) What happens when the various COVID moratoria on enforcement end; (2) who gets the benefit of post-petition appreciation of an asset when a case converts from chapter 13 to chapter 7; and (3) measuring the success of the Small Business Reorganization Act of 2019.

Lindsi M. Weber, Moderator

The Burgess Law Group; Phoenix

Hon. Trish M. Brown

U.S. Bankruptcy Court (D. Oreg.); Portland

Hon. Scott C. Clarkson

U.S. Bankruptcy Court (C.D. Cal.); Santa Ana

Hon. Daniel P. Collins

U.S. Bankruptcy Court (D. Ariz.); Phoenix

Hon. Natalie M. Cox

U.S. Bankruptcy Court (D. Nev.); Las Vegas

Hon. Harlin DeWayne Hale

U.S. Bankruptcy Court (N.D. Tex.); Dallas

Hon. Mary Jo Heston

U.S. Bankruptcy Court (W.D. Wash.); Tacoma

Hon. Christopher M. Klein

U.S. Bankruptcy Court (E.D. Cal.); Sacramento

Hon. Paul Sala

U.S. Bankruptcy Court (D. Ariz.); Phoenix

Hon. David T. Thuma

U.S. Bankruptcy Court (D. N.M.); Albuquerque

Virtual Attendee Host

Hon. Martin R. Barash

U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills

9:30-9:45 a.m.

Coffee Break

9:45-11:00 a.m.

Concurrent Sessions (3)

Complex Confirmation Issues

This panel will focus on impairment, TransWest issues, third-party releases, horizontal gifting related to Noverra and more.

Jeffrey Bjork

Latham & Watkins; Los Angeles

Matt Foster

Sonoran Capital Advisors; Mesa, Ariz.

Jordan A. Kroop

Perkins Coie LLP; Phoenix

Hon. David T. Thuma

U.S. Bankruptcy Court (D. N.M.); Albuquerque

Consumer: Consumer Cases in the Headlines

This panel will cover recent legislation and judicial decisions that have affected the consumer bankruptcy practice over the last year. Panelists will discuss the recent Supreme Court and Ninth Circuit decisions on consumer cases.

Louis M. Bubala III

Kaempfer Crowell; Reno, Nev.

Kathleen A. Cashman-Kramer

Sullivan Hill Rez & Engel; San Diego

Hon. Natalie M. Cox

U.S. Bankruptcy Court (D. Nev.); Las Vegas

Philip J. Giles

Allen Barnes & Jones, PLC; Phoenix

Chapter 11 Cases in the Headlines

This panel will discuss notable Chapter 11 cases and legislation from the past year for an overall refresher and update on chapter 11 basics and trends.

Steven M. Berman

Shumaker, Loop & Kendrick, LLP; Tampa, Fla.

Craig S. Ganz

Ballard Spahr LLP; Phoenix

Hon. Harlin DeWayne Hale

U.S. Bankruptcy Court (N.D. Tex.); Dallas

Lydia R. Webb

Gray Reed & McGraw LLP; Dallas

11:00-11:15 a.m.

Coffee Break

11:15 a.m.-12:30 p.m.

Concurrent Sessions (3)

COVID-19: Infecting Employment Issues in Bankruptcy

This panel will discuss the WARN Act, KERPs and KEIPs, vacation/sick time and the § 507(a)(4) cap, varying state laws on severance claims that are driving the locations of filings, and more.

Dawn M. Cica

Carlyon Cica Chtd.; Las Vegas

Hon. Daniel P. Collins

U.S. Bankruptcy Court (D. Ariz.); Phoenix

Ira L. Herman

Blank Rome LLP; New York

Brian L. Cumberland

Alvarez & Marsal; Dallas

Consumer: Intersection of Divorce and Bankruptcy

This panel will be exploring the interplay between state court divorce law and bankruptcy. We will focus on many of the misconceptions which arise when those two unrelated areas of the law intersect or overlap.

Hon. Trish M. Brown

U.S. Bankruptcy Court (D. Oreg.); Portland

Jody A. Corrales

DeConcini McDonald Yetwin & Lacy, P.C.; Tucson, Ariz.

Randy Nussbaum

Sacks Tierney P.A.; Scottsdale, Ariz.

Hon. Bridget E. Robb

Nevada Second Judicial District Court; Reno

Repurposing or Reimagining Distressed Real Estate

This panel will discuss options and issues surrounding distressed shopping centers, retail spaces, apartments, office buildings and other distressed real estate assets, plus proactive planning for distressed real estate assets.

Oren B. Haker

Stoel Rives LLP; Portland, Ore.

Cathy L. Reece

Fennemore Craig, P.C.; Phoenix

Hon. Paul Sala

U.S. Bankruptcy Court (D. Ariz.); Phoenix

Beth Jo Zeitzer

R.O.I. Properties, LLC; Phoenix

12:30-1:00 p.m.

Lively Luncheon

1:00 – 2:00 p.m.

ABI Talks

Based on the "Ted Talks" format, the presenters will address such timely and divisive issues as rejection of power purchase agreements, the future of oil and gas, and venue alternatives, and will provide an analytical review of Bankruptcy Appellate Panel reversals and affirmances.

Nellwyn Voorhies, Moderator

Donlin, Recano & Company, Inc.; New York

Jurisdictional Battle: Bankruptcy Courts vs. FERC in Rejection of Power Purchase Agreements

Theodore E. Tsekerides

Weil, Gotshal & Manges LLP; New York

Ninth Circuit as an Alternative to SDNY/Delaware

Tobias S. Keller

Keller Benvenutti Kim LLP; San Francisco

Current State and Near Future of Oil and Gas

Scott M. Pinsonnault

Ankura Consulting Group, LLC; Dallas

Analytical Review of Reversal/Affirmance Rates Between BAPs and District Courts in BAP Circuits

Jacklyn Branby

U.S. Bankruptcy Court (D. Ariz.); Phoenix

2:00-2:15 p.m.

Break

2:15-3:30 p.m.

Concurrent Sessions (3)

Consumer: Nondischargeability, Discharge Injunction Violations and BofA Sanctions

This panel will cover the ins-and-outs of nondischargeability, discharge injunction violations and how to avoid them and the recent BofA sanctions.

Scott B. Cohen

Engelman Berger, PC; Phoenix

Hon. Christopher M. Klein

U.S. Bankruptcy Court (E.D. Cal.); Sacramento

Bart K. Larsen

Shea Larsen; Las Vegas

David B. Shemano

ShemanoLaw; Los Angeles

First Look at Small Business Reorganization Act Cases

This panel will review the implementation, practical effects, unintended consequences, and foreseen and unforeseen problems related to the Small Business Reorganization Act.

Grant L. Cartwright

May, Potenza, Baran & Gillespie, P.C.; Phoenix

Hon. Scott C. Clarkson

U.S. Bankruptcy Court (C.D. Cal.); Santa Ana

Caroline Djang

Best Best & Krieger LLP; Irvine, Calif.

Jeannie Kim

Sheppard Mullin; San Francisco

Eight COVID-19 Predictions for a Brave New Bankruptcy World: Hits, Misses and the Unforeseen

This is a panel discussion involving experienced members of the bench and bar which explores eight predictions made in March of 2020 about the impact on the bankruptcy world of the then-new disease entering the world lexicon as COVID-19. Using both historical and current information, the panel will "score" the predictions, supporting their conclusions with legal, economic and social data relating to bankruptcy practice, procedure and the economy. From that, a discussion will be had adding to predictions for the future as bankruptcy professionals continue to navigate in choppy and murky waters.

Sasha M. Gurvitz

KTBS Law LLP; Los Angeles

Hon. Mary Jo Heston

U.S. Bankruptcy Court (W.D. Wash.); Tacoma

Thomas J. Salerno

Stinson LLP; Phoenix

Howard J. Steinberg

Greenberg Traurig, LLP; Los Angeles

3:30-4:00 p.m.

Margarita Reception

Friday, August 27

8:00-10:30 a.m.

ABI Registration Desk Open

8:30-9:00 a.m.

Networking Breakfast

9:00-10:30 a.m.

Welcome & Crossover Ethics Topic: Strategies and Risks of Bankruptcy as a Response to State Court Litigation

Michael J. Gomez

Frandzel Robins Bloom & Csato, L.C.; Fresno

Cody J. Jess

Moyes Sellers & Hendricks Ltd.; Phoenix

Hon. Mike K. Nakagawa

U.S. Bankruptcy Court (D. Nev.); Las Vegas

Nathaniel J. Palmer

Reid Collins & Tsai LLP; Dallas

10:30 a.m.

Adjourn

Judicial Co-Chairs

Hon. Martin R. Barash

U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills

Hon. Daniel P. Collins

U.S. Bankruptcy Court (D. Ariz.); Phoenix

Program Co-Chairs

Patrick A. Clisham

Engelman Berger, PC; Phoenix

Jordan A. Kroop

Perkins Coie LLP; Phoenix

Sponsorship Chairs

Louis M. Bubala III

Kaempfer Crowell; Reno, Nev.

Nellwyn Voorhies

Donlin, Recano & Company, Inc.; New York


Advisory Board

Heather LaSalle Alexis

Hinshaw & Culbertson LLP; New Orleans

Thomas H. Allen

Allen Barnes & Jones, PLC; Phoenix

Steven M. Berman

Shumaker, Loop & Kendrick, LLP; Tampa, Fla.

Jeffrey Bjork

Latham & Watkins; Los Angeles

Jason S. Brookner

Gray Reed & McGraw LLP; Dallas

Grant L. Cartwright

May, Potenza, Baran & Gillespie, P.C.; Phoenix

Alissa Brice Castañeda

Quarles & Brady LLP; Phoenix

Robert M. Charles, Jr.

Lewis Roca Rothgerber Christie LLP; Tucson, Ariz.

Dawn M. Cica

Carlyon Cica Chtd.; Las Vegas

J. Ford Elsaesser

Elsaesser Anderson, Chtd.; Sandpoint, Idaho

A. Kyle Everett

Development Specialists, Inc.; San Francisco

Matt Foster

Sonoran Capital Advisors; Mesa, Ariz.

Craig S. Ganz

Ballard Spahr LLP; Phoenix

Sasha M. Gurvitz

KTBS Law LLP; Los Angeles

Oren B. Haker

Stoel Rives LLP; Portland, Ore.

Andrew Hinkelman

FTI Consulting, Inc.; San Francisco

Steven D. Jerome

Snell & Wilmer L.L.P.; Phoenix

Cody J. Jess

Moyes Sellers & Hendricks Ltd.; Phoenix

Robert Jordan

KCC; New York

Lance N. Jurich

Loeb & Loeb LLP; Los Angeles

Jeannie Kim

Sheppard Mullin; San Francisco

Robert J. Labate

Holland & Knight LLP; San Francisco

Bart K. Larsen

Shea Larsen; Las Vegas

John W. Lucas

Pachulski Stang Ziehl & Jones LLP; San Francisco

Randy Nussbaum

Sacks Tierney P.A.; Scottsdale, Ariz.

Nathaniel J. Palmer

Reid Collins & Tsai LLP; Dallas

Justin E. Rawlins

Paul Hastings, LLP; Los Angeles

Cathy L. Reece

Fennemore Craig, P.C.; Las Vegas

Jeffrey M. Reisner

Steptoe & Johnson LLP; Los Angeles

Isaac D. Rothschild

Mesch Clark Rothschild; Tucson, Ariz.

Thomas J. Salerno

Stinson LLP; Phoenix

Samuel A. Schwartz

Schwartz Law; Las Vegas

Howard J. Steinberg

Greenberg Traurig, LLP; Los Angeles

Khaled Tarazi

Buchalter, APC; Scottsdale, Ariz.

Lindsi M. Weber

The Burgess Law Group; Phoenix

Christopher J. Wells

Alvarez & Marsal; Phoenix

Daniel R. Williams

J.S. Held LLC; Scottsdale, Ariz.

John T. Young, Jr.

Conway MacKenzie, Inc.; Houston

 

Hotel

The Four Seasons Las Vegas is a sanctuary from the bright lights of the dazzling Las Vegas Strip, all located on the 35th to 39th floors of the Mandalay Bay Resort & Casino Tower — ensuring a more intimate atmosphere and attentive personal service. ABI has arranged a special conference rate of $229 per night. To secure the special rate, reservations must be made directly with the resort by August 18, 2021. Reservations may only be made once you have registered with ABI. Upon payment of the conference registration fees, you will receive hotel reservation information with your conference confirmation. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.

Travel

Fly into McCarran International Airport (LAS).

Conference Attire

Attire is casual throughout the conference.

**The statement below applies to in-person attendance only**

This program is eligible for 8 hours of general CLE credit, including 1.25 hours of ethics/diversity, in states calculating CLE on a 60-minute hour, and 9.6 hours of general CLE credit, including 1.5 hours of ethics/diversity, in 50-minute-hour states. Credit hours are estimated, 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 8 hours, of which 1.25 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 9.5 credit hours, of which 8 credit hours can be applied toward the professional practice requirement and 1.5 credit hours can be applied toward the ethics professionalism requirement.

9.5 hours of CPE credit, including 1.5 hours of behavioral 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.

Partners

Platinum Sponsors

Axos Bank
DSI
KCC

Gold Sponsors

Gray Reed & McGraw
Perkins Coie
Proskauer

Silver Sponsors

Pachulski
Polsinelli

Bronze Sponsor

Ballard Spahr

 

Registration Rates

  In-Person

ABI Member
$725
ABI Govt./Nonprofit/Aca. Member
$475
Join & Save*
$1075
New Govt./Nonprofit/Aca. ABI Member**
$575

 

* Includes a one-year membership for first-time members only — a $375 value! You must be an ABI member to attend. Membership is individual and nonrefundable. If your ABI membership has expired, select the member rate and add in your ABI membership-renewal fee.

 

Optional Events Price

Opening Reception
Opening Reception Guest
Free
$75
Margarita Reception
Margarita Reception Guest
Free
$50

 

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if notice is received in writing by July 30, 2021. No refunds will be made if notice is received after July 30, although substitutions will be allowed. After July 30, 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 the same conference next year.

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, 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 email to [email protected].