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Event Information 233821

Thursday, January 21

10:00-11:45 a.m.

IWIRC Program (Additional fee required to Attend)

Perspectives from the Distaff Bench

 

IWIRC Program

10:00 a.m.

Registration Desk and Exhibit Hall Open

11:00-11:45

Round and Round You Go: Speed Networking Event

Noon-12:45 p.m.

Lunch

Sponsored by Dorsey & Whitney LLP and IWIRC Mountain Desert Network

12:45-1:45 p.m.

Luncheon Keynote: "History of the Courts"

Hon. A. Bruce Campbell

U.S. Bankruptcy Court (D. Colo.); Denver

1:45-3:00 p.m.

Concurrent Sessions (3)

Bankruptcy Medley: Recent News and Cases of Interest

Trending issues, circuit splits and noteworthy topics in bankruptcy courts will be the focus of this discussion. The panel will cover topics of interest in business, with no specific emphasis and in no particular order. Attendees are encouraged to participate with questions and issues drawn from their own experiences.

Theodore J. Hartl, Moderator

Lindquist & Vennum LLP; Denver

Jeffrey S. Brinen

Kutner Brinen Garber P.C.; Denver

Hon. Joseph G. Rosania

U.S. Bankruptcy Court (D. Colo); Denver

Engels J. Tejeda

Holland & Hart LLP; Salt Lake City

 

The Return of the Supremes

This program will look at the actions of the U.S. Supreme Court in 2015, including cases in which the Supreme Court recently granted petitions for certiorari, as well as the dark afterglow of Law v. Siegel. We shall address Stern claims, the definition of “consent,” and what will happen to Dewsnup.

Ronald R. Peterson, Moderator

Jenner & Block LLP; Chicago

Peter M. Friedman

O'Melveny & Myers LLP; Washington, D.C.

Hon. Thomas B. McNamara

U.S. Bankruptcy Court (D. Colo.); Denver

Matthew D. Skeen

Skeen & Skeen, P.C.; Georgetown, Colo.

 

Getting Paid (or Not): Professional Fee Issues

Professional fee issues are always important, both to those who represent estates and those who do not (but sometimes object to the fees of those who do). This panel will discuss the implications of the Supreme Court’s recent decision in Baker Botts v. ASARCO, in which the Court answered an intriguing question some bankruptcy lawyers did not realize had been asked: whether counsel for an estate party may recover fees incurred in defending a fee application. The panel will also address continuing issues related to professional fees, including U.S. Trustee Fee Guidelines, big case fee guidelines, and the approval of national billing rates in jurisdictions where local rates are much lower.

Kenneth L. Cannon, II

Durham Jones & Pinegar; Salt Lake City

John Collen

SmithAmundsen LLC; Chicago

Tom H. Connolly

Connolly, Rosania & Lofstedt PC; Louisville, Colo.

Gregory M. Garvin

Office of the U.S. Trustee; Denver

Hon. R. Kimball Mosier

U.S. Bankruptcy Court (D. Utah); Salt Lake City

 

3:00-3:30 p.m.

Refreshment Break

sponsored by Kutner Brinen Garber, PC

3:30-4:45 p.m.

Concurrent Sessions (3)

Cash Collateral and Other Secured Creditor Issues

This panel will explore the requirements for the use of cash collateral by agreement or court order, including adequate protection. The discussion will include other important issues for secured creditors, such as debtor-in-possession financing, collateral carve-outs to pay committee professionals, cramdown interest rates, and credit bidding in sales of collateral.

David T. Brennan, Moderator

Otten Johnson Robinson Neff + Ragonetti PC; Denver

Nancy L. Buchanan

Wells Fargo Bank, N.A.; Denver

Caroline Case Fuller

Fairfield and Woods P.C.; Denver

Paul N. Silverstein

Andrews Kurth LLP; New York

Hon. Howard R. Tallman

U.S. Bankruptcy Court (D. Colo.); Denver

David V. Wadsworth

Sender Wasserman Wadsworth, P.C.; Denver

 

D&O and E&O Claims

When a company and/or its officers and directors are involved in or accused of pre-petition wrongdoing, one of the most important assets may be director and officer (D&O) liability insurance policies. Panelists will discuss issues related to D&O policies in bankruptcy, including legal and strategic issues to aid in maximizing this important asset for an estate.

Peggy Hunt, Moderator

Dorsey & Whitney LLP; Salt Lake City

Hon. Elizabeth E. Brown

U.S. Bankruptcy Court (D. Colo.); Denver

Andrew W. Caine

Pachulski Stang Ziehl & Jones LLP; Los Angeles

Josh M. Hantman

Brownstein Hyatt Farber Schreck, LLP; Denver

Controversial Valuation Issues in the Context of Financial Distress and Bankruptcy

There is divisiveness on several fronts in the valuation community. Splits exist among circuits and other venues. This panel will identify key controversial valuation issues that prevail among practitioners and the courts, and offer insights to understand the focal points of each controversy.

Paul N. Shields, Moderator

Berkeley Research Group, LLC; Salt Lake City

Matthew M. Boley

Cohne Kinghorn PC; Salt Lake City

John H. Curtis

Rocky Mountain Advisory; Salt Lake City

Dale A. Lash

RubinBrown LLP; Denver

Hon. Cathleen D. Parker

U.S. Bankruptcy Court (D. Wyo.); Cheyenne

4:45-6:30 p.m.

Networking Reception

Sponsored by Durham Jones & Pinegar, Parsons Behle & Latimer and Rocky Mountain Advisory

Friday, January 22

7:00 a.m.

Registration Desk and Exhibit Hall Open

7:30-8:00 a.m.

Breakfast

Sponsored by Holland & Hart LLP and Snell & Wilmer

8:00-8:55 a.m.

Judges’ Roundtable

Featuring the Judges of the 21th Annual Rocky Mountain Bankruptcy Conference.

9:00-10:15 a.m.

Concurrent Sessions

Consumer Workshop I:

Chapter 13 Hot Topics

This panel will discuss new issues arising post-BAPCPA regarding § 524 and mortgage payments, disclosure of post-confirmation income and assets, revesting of estate property, post-petition changes to assets, and others.

Dr. Mark E. Henze

Biola University/GEMS, Inc.; Highlands Ranch, Colo.

Hon. Janice M. Karlin

U.S. Bankruptcy Court (D. Kan.); Topeka

Sarah L. Matthews

Enderton & Matthews, LLC; Salt Lake City

Ellen R. Welner

Chapter 13 Trustee; Denver

Maximizing Technology in the Courtroom and the Law Office

As the 21st century races forward, the use of technology is rapidly changing many aspects of the business and practice of law. This panel will discuss the latest developments in courtroom presentation technology and its use. It will also offer insights into the technologies that attorneys should understand for their practices and businesses.

Tara Gaschler Salinas, Moderator

Colorado Bankruptcy Law Group LLC; Denver

Matthew Faga

U.S. Bankruptcy Court (D. Colo.); Denver

Karim Guirguis

American Bankruptcy Institute; Alexandria, Va.

Andrew D. Johnson

Onsager | Guyerson | Fletcher | Johnson; Denver

Peter J. Lucas

Appel & Lucas, P.C.; Denver

Hon. Michael E. Romero

U.S. Bankruptcy Court (D. Colo.); Denver

Repeat Concurrent Session:

Getting Paid (or Not): Professional Fee Issues

10:15-10:45 a.m.

Coffee Break

Sponsored by Ray, Quinney & Nebeker

10:45 a.m.-12:00 p.m.

Concurrent Sessions (3)

Consumer Workshop II:

The Supreme Court and Consumer Bankruptcy: Unbundling Services and Fee Issues

This panel will focus on recent Supreme Court decisions impacting the consumer world, the unbundling of attorney services, and attorney compensation issues. Supreme Court decisions to be discussed include Wellness, Harris v. Viegelahn, Bank of America v. Caulkett, Baker Botts and Oglethorpe.

John C. Smiley, Moderator

Lindquist & Vennum LLP; Denver

Jenny M.F. Fujii

Kutner Brinen Garber P.C.; Denver

Peter Mullison

Colorado Bankruptcy Law Group, LLC; Denver

Prof. Michael D. Sousa

University of Denver Sturm College of Law; Denver

Hon. William T. Thurman

U.S. Bankruptcy Court (D. Utah); Salt Lake City

Repeat Concurrent Sessions:

D&O and E&O Claims

The Return of the Supremes

12:00-12:45 p.m.

Lunch

Sponsored by Faculty of Federal Advocates, Lindquist & Vennum LLP and Otten Johnson Robinson Neff + Ragonetti PC

12:45-1:45 p.m.

ABI Commission to study the reform of Chapter 11 Recommendations

James T. Markus, Moderator

Markus Williams Young & Zimmermann, LLC; Denver

William A. Brandt, Jr.

Development Specialists, Inc.; New York

Deborah D. Williamson

Dykema Cox Smith; San Antonio

1:45-3:00 p.m.

Concurrent Sessions (3)

Consumer Workshop III:

Nothing in This Life Is Certain Except Death, Taxes and Student Loan Debt

This panel will focus on recent trends in student loan dischargeability cases, including whether the Brunner standard should be revisited, and recent case law involving tax debts.

Charles S. Parnell, Moderator

Parnell & Associates; Wheat Ridge, Colo.

Scott M. Browning

Lewis Roca Rothgerber Christie

Daniel Fisher

General Counsel, ECMC; Saint Paul, Minn.

Tami Gadd-Willardson

Office of the Chapter 13 Trustee; Salt Lake City

James B. Holden

Senior Assistant Attorney General; Denver

Hon. Joel T. Marker

U.S. Bankruptcy Court (D. Utah); Salt Lake City

Repeat Concurrent Sessions:

Hot Topics

Controversial Issues in Valuation

3:00-3:30 p.m.

Refreshment Break

Sponsored by Onsager | Guyerson | Fletcher | Johnson

3:30-4:45 p.m.

Concurrent Sessions (3)

Consumer Workshop IV:

The Intersection Between Bankruptcy and Consumer Protection Laws

This panel will focus on the sale of discharged debts, the intersection between the Code and the FDCPA, the involvement of the CFPB in consumer cases, and more.

Hon. Kevin R. Anderson, Moderator

U.S. Bankruptcy Court (D. Utah); Salt Lake City

Britney Beall-Eder

Weinstein & Riley, P.S.; Broomfield, Colo.

Rick Wynkoop

Wynkoop & Thomas, P.C.; Denver

Repeat Concurrent Sessions:

New Issues Affecting Secured Creditors

Maximizing the Benefits of Technology

4:45-6:30 p.m.

Networking Reception

 Sponsored by Ballard Spahr LLP,

Bieging Shapiro & Barber LLP, Stoel Rives LLP and

Markus Williams Young & Zimmermann LLC

 

Register for Consumer Program only

Friday, January 22

9:00-10:15 a.m.

Concurrent Sessions

Consumer Workshop I:

Chapter 13 Hot Topics

This panel will discuss new issues arising post-BAPCPA regarding § 524 and mortgage payments, disclosure of post-confirmation income and assets, revesting of estate property, post-petition changes to assets, and others.

Dr. Mark E. Henze

Biola University/GEMS, Inc.; Highlands Ranch, Colo.

Hon. Janice M. Karlin

U.S. Bankruptcy Court (D. Kan.); Topeka

Sarah L. Matthews

Enderton & Matthews, LLC; Salt Lake City

Ellen R. Welner

Chapter 13 Trustee; Denver

Maximizing Technology in the Courtroom and the Law Office

As the 21st century races forward, the use of technology is rapidly changing many aspects of the business and practice of law. This panel will discuss the latest developments in courtroom presentation technology and its use. It will also offer insights into the technologies that attorneys should understand for their practices and businesses.

Tara Gaschler Salinas, Moderator

Colorado Bankruptcy Law Group LLC; Denver

Matthew Faga

U.S. Bankruptcy Court (D. Colo.); Denver

Karim Guirguis

American Bankruptcy Institute; Alexandria, Va.

Andrew D. Johnson

Onsager | Guyerson | Fletcher | Johnson; Denver

Peter J. Lucas

Appel & Lucas, P.C.; Denver

Hon. Michael E. Romero

U.S. Bankruptcy Court (D. Colo.); Denver

10:45 a.m.-12:00 p.m.

Concurrent Sessions (3)

Consumer Workshop II:

The Supreme Court and Consumer Bankruptcy: Unbundling Services and Fee Issues

This panel will focus on recent Supreme Court decisions impacting the consumer world, the unbundling of attorney services, and attorney compensation issues. Supreme Court decisions to be discussed include Wellness, Harris v. Viegelahn, Bank of America v. Caulkett, Baker Botts and Oglethorpe.

John C. Smiley, Moderator

Lindquist & Vennum LLP; Denver

Jenny M.F. Fujii

Kutner Brinen Garber P.C.; Denver

Peter Mullison

Colorado Bankruptcy Law Group, LLC; Denver

Prof. Michael D. Sousa

University of Denver Sturm College of Law; Denver

Hon. William T. Thurman

U.S. Bankruptcy Court (D. Utah); Salt Lake City

1:45-3:00 p.m.

Concurrent Sessions (3)

Consumer Workshop III:

Nothing in This Life Is Certain Except Death, Taxes and Student Loan Debt

This panel will focus on recent trends in student loan dischargeability cases, including whether the Brunner standard should be revisited, and recent case law involving tax debts.

Charles S. Parnell, Moderator

Parnell & Associates; Wheat Ridge, Colo.

Scott M. Browning

Lewis Roca Rothgerber Christie

Daniel Fisher

General Counsel, ECMC; Saint Paul, Minn.

Tami Gadd-Willardson

Office of the Chapter 13 Trustee; Salt Lake City

James B. Holden

Senior Assistant Attorney General; Denver

Hon. Joel T. Marker

U.S. Bankruptcy Court (D. Utah); Salt Lake City

3:30-4:45 p.m.

Concurrent Sessions (3)

Consumer Workshop IV:

The Intersection Between Bankruptcy and Consumer Protection Laws

This panel will focus on the sale of discharged debts, the intersection between the Code and the FDCPA, the involvement of the CFPB in consumer cases, and more.

Hon. Kevin R. Anderson, Moderator

U.S. Bankruptcy Court (D. Utah); Salt Lake City

Britney Beall-Eder

Weinstein & Riley, P.S.; Broomfield, Colo.

Rick Wynkoop

Wynkoop & Thomas, P.C.; Denver

 

2015 Rocky Mountain Bankruptcy Conference Advisory Board

 

Hon. Elizabeth E. Brown, Judicial Chair

U.S. Bankruptcy Court (D. Colo.); Denver

Gil A. Miller, Co-Chair

Rocky Mountain Advisory; Salt Lake City

Risa Lynn Wolf-Smith, Co-Chair

Holland & Hart LLP; Denver

John F. Young, Co-Chair

Markus Williams Young & Zimmermann LLC; Denver

Advisory Board

 

Stephen E. Berken — Co-Chair, Consumer Bankruptcy Education

Law Offices of Stephen Berken; Denver

Deanna L. Westfall — Co-Chair, Consumer Bankruptcy Education

Weinstein & Riley, P.S.; Broomfield, Colo.

Michael R. Johnson — Sponsorship Coordinator

Ray Quinney & Nebeker; Salt Lake City

Christian Carl Onsager — Sponsorship Coordinator

Onsager | Guyerson | Fletcher | Johnson; Denver

Hon. Kevin R. Anderson

U.S. Bankruptcy Court (D. Utah); Salt Lake City

Troy J. Aramburu

Snell & Wilmer; Salt Lake City

J. Thomas Beckett

Parsons Behle & Latimer; Salt Lake City

Chad S. Caby

Lewis Roca Rothgerber LLP; Denver

Kenneth L. Cannon, II

Durham Jones & Pinegar; Salt Lake City

Bradford E. Dempsey

Faegre Baker Daniels LLP; Denver

Theodore J. Hartl

Lindquist & Vennum LLP; Denver

Peggy Hunt

Dorsey & Whitney LLP; Salt Lake City

David T. Johnson

Otten Johnson Robinson Neff + Ragonetti PC

Eric E. Johnson

Sherman & Howard L.L.C.; Denver

Lee M. Kutner

Kutner Brinen Garber P.C.; Denver

Bria LaSalle Mertens

Stoel Rives LLP; Salt Lake City

Tara Gaschler Salinas

Colorado Bankruptcy Law Group LLC; Denver

Harvey Sender

Sender Wasserman Wadsworth, P.C.; Denver

Prof. Michael D. Sousa

University of Denver Sturm College of Law; Denver

D. Ray Strong

S3 Advisory

Kimberley H. Tyson

Ireland Stapleton Pryor & Pascoe, PC; Denver

Ellen R. Welner

Douglas B. Kiel, Chapter 13 Trustee; Denver

 

Conference Information

Hotel

An icon of sophistication housed inside a landmark 45-story tower, the Four Seasons Hotel Denver offers ultra-spacious guest rooms and suites. Inviting and residential in style, the hotel’s urban-chic design subtly reflects the natural beauty of Colorado, and its oversized windows offer thrilling downtown views and Rocky Mountain vistas.

 

A block of rooms is being held on a first-come, first-served basis. The special room rate is $235 per night; reservations must be made by January 4, 2016, to secure the special rate. Reservations may be made by calling the Four Seasons directly at (303) 389-3000 and asking to be placed in the specially rated ABI block. ABI cannot guarantee anyone a room after the block is filled.

IWIRC Program

The International Women’s Insolvency and Restructuring Confederation will hold its annual three-hour program prior to the start of the Rocky Mountain Bankruptcy Conference on Thursday, January 21. The cost is an additional $50; please mark the appropriate box on the registration form to attend.

Transportation

Denver International Airport (DEN) is a 30-minute cab ride to the Four Seasons Hotel Denver.

Conference Attire

Attire is business casual throughout the conference.

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by December 31, 2015. No refunds will be granted after December 31, but substitutions will be allowed. After December 31, 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.

Continuing Education

 

Rocky Mountain Bankruptcy Conference: Approval for approximately 12 hours of CLE credit, including 3 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 14 hours of CLE credit, including 3.5 hours 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 by the State Bar of California in the amount of 12 hours, of which 3 hours will apply to legal ethics. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 14 credit hours, of which 3.5 hours of credit can be applied toward the ethics professionalism requirement. 14 hours of CPE credit, including 3.5 hours of ethics, are also available.

 

Rocky Mountain Consumer Workshop: Approval for approximately 7.5 hours of CLE credit, including 3 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 9.5 hours of CLE credit, including 3.5 hours 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 by the State Bar of California in the amount of 7.5 hours, including 3 hours of ethics. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 9.5 credit hours, including 3.5 hours of ethics. 9.5 hours of CPE credit, including 3.5 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 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.

 

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 jdugas@abiworld.org.

Double Black Diamond Sponsors

Dorsey & Whitney LLP
Durham Jones & Pinegar
Holland & Hart LLP
IWIRC Mountain Desert Network
Kutner Brinen Garber P.C.
Lindquist & Vennum LLP
Onsager | Guyerson | Fletcher | Johnson
Otten Johnson Robinson Neff + Ragonetti PC
Parsons Behle & Latimer
Ray Quinney & Nebeker
Rocky Mountain Advisory
Snell & Wilmer
Stoel Rives LLP
Summit Investment Management

Black Diamond Sponsors

Ballard Spahr LLP
Bieging Shapiro & Barber LLP
Markus Williams Young & Zimmermann LLC

Blue Sponsors

Connolly, Rosania & Lofstedt
Cordes & Company
Fabian VanCott
Faegre Baker Daniels LLP
Law Offices of Stephen Berken
Lewis Roca Rothgerber Christie
Moye White LLP
RubinBrown LLP
Sender Wasserman Wadsworth, P.C
S3 Advisory

Green Sponsors

Allen & Vellone, P.C.
Berenbaum Weinshienk PC
Buechler Law Office, L.L.C.
Ireland Stapleton Pryor & Pascoe, PC
r2 advisors, llc
Sherman & Howard LLC

Special Thanks

We extend our special thanks to Bloomberg BRIEF for the media partnership, Conway MacKenzie for the educational materials on USB drives, Thomson Reuters for the printed educational materials and Wilmington Trust for the conference tote bags.

2016 Conference Rates

  Early Bird
(postmarked by 11/6/15)
Regular
(11/7/15-1/1/16)
Late
(after 1/1/16)
Rocky Mountain Bankruptcy Conference
ABI Member
$575
$625
$675
New ABI Member*
$850
$900
$950
Govt./Aca. ABI Member
$345
$395
$445
Govt./Aca. New ABI Member*
$440
$490
$540
 
Consumer Workshop ONLY Pricing (program only on 1/22/16)
ABI Member $295 $345 $395
New Member* $390 $440 $490
Optional Events
IWIRC Program Fee (includes lunch)
$50
 
 
Thursday Networking Reception
Free
 
 
Thursday Networking Reception Guest
$40
 
 
Friday Networking Reception
Free
 
 
Friday Networking Reception Guest
$40
 
 

* Includes a one-year ABI membership for first-time members only — a $295 value! Expired members should select the member rate and add in the membership renewal fee on this form. You must be an ABI member to attend the conference.