Thursday, June 16
9:00 a.m.-5:00 p.m.
American Board of Certification Exams
4:00-6:00 p.m.
Optional Event: Young & New Members Beer Tasting at Sprecher’s Restaurant & Pub
Sponsored by Factor Law
6:00-8:00 p.m.
Opening Reception
Sponsored by Godfrey & Kahn, S.C. and McGuireWoods LLP
8:00-10:30 p.m.
Optional Event: Yerkes Observatory Tour
Sponsored by Fishman Miller PC
Friday, June 17
Shuttle to Downtown Lake Geneva
Sponsored by Murphy Desmond S.C.
7:15-8:15 a.m.
Breakfast
Sponsored by MorrisAnderson
7:30-7:45 a.m.
Welcome by Central States Bankruptcy Workshop Program Chairs
7:45-9:00 a.m.
From Conception Through Birth and Now an Adolescent: Views from Those Who Saw It All
Our panel was there at the beginning with the National Bankruptcy Review Commission (Brady Williamson Chair) through the drafting of the law, its passage and, of course, the implementation of the final product in 2005. The panel will discuss the history of the process, what might have been intended by the proponents, and what unintended consequences were created in the process. We expect a lively discussion of this seminal law and the implications for future reform.
Lawrence A. Friedman
Friedman Partners; Grayling, Mich.
James J. Haller
The Bankruptcy Center; Belleville, Ill.
Richardo I. Kilpatrick
Kilpatrick & Associates, PC; Auburn Hills, Mich.
Brady C. Williamson
Godfrey & Kahn, S.C.; Madison, Wis.
9:15-10:30 a.m.
Concurrent Sessions (7)
Business Track
The Who, What, How, and Why of Bankruptcy Appeals
An outstanding group of general and bankruptcy appellate practice advocates will address best practices, as well as developments from a bankruptcy perspective on such issues as finality, stays pending appeal and equitable mootness.
Hon. Beth E. Hanan, Moderator
U.S. Bankruptcy Court (E.D. Wis.); Wauwatosa
G. Eric Brunstad
Dechert LLP; Hartford, Conn.
Gregory E. Ostfeld
Greenberg Traurig LLP; Chicago
E. King Poor
Quarles & Brady LLP; Chicago
The Intersection of Limited Liability Companies and Bankruptcy
This panel will examine the collision of state corporation law and the Code on such issues as bankruptcy poison pill provisions in operating agreements, whether operating agreements are executory contracts, rights of bankruptcy estates holding membership interests, and reaching LLC assets and LLC member assets.
Ronald S. Barliant
Goldberg Kohn; Chicago
Joshua M. Gadharf
McDonald Hopkins LLC; Bloomfield Hills, Mich.
Ronald R. Peterson
Jenner & Block LLP; Chicago
Scott A. Wolfson
Wolfson Bolton PLLC; Troy, Mich.
Individual Chapter 11 Cases: The Good, The Bad and The Ugly
This panel will be involved in an advanced discussion of the problems and opportunities that can arise in an individual chapter 11 case. The panel will discuss issues involving post-petition earnings, including voluntary assignments of future wages, and the effect of conversion to a chapter 7 proceeding; the “disposable income test”; §§ 1129(a)(15), 1129(b)(2)(B)(ii) and 1115(b); and the “absolute priority rule,” among other topics.
Hon. Susan V. Kelley, Moderator
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
John R. Burns
Faegre Baker Daniels; Fort Wayne, Ind.
Matthew T. Gensburg
Dale & Gensburg, P.C.; Chicago
Geoffrey T. Pavlic
Steinberg Shapiro & Clark; Southfield, Mich.
Consumer Track
Death and Taxes
The impact of a bankruptcy filing on a consumer debtor’s tax liabilities requires a reconciling of hazy IRC provisions with Title 11. Topics will include the impact on the debtor’s discharge for late-filed income tax returns, 1099s ((A) and (C)), 26 U.S.C. § 108, tax liens and their treatment under the Code (§ 724), and the pros and cons of filing a “stub” year tax return.
Hon. Philip Klingeberger, Moderator
U.S. Bankruptcy Court (N.D. Ind.); Hammond
Ethan Dunn
Maxwell Dunn, PLC; Huntington Woods, Mich.
Robert A. Goering, Sr.
Goering & Goering, LLC; Cincinnati
Richard D. Liebman
Grant Thornton LLP; Chicago
Discovery: It’s a Whole New Ballgame
Recent changes to the Federal Rules of Evidence and their impact on bankruptcy proceedings, from 2004 examinations to contested matters to adversary proceedings, will be the subject of this discussion, along with the treatment of electronically stored evidence.
Hon. Mary Ann Whipple, Moderator
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Sherry D. Coley
Davis & Kuelthau, s.c.; Green Bay, Wis.
William J. Factor
FactorLaw; Northbrook, Ill.
Julie Beth Teicher
Erman, Teicher, Zucker & Freedman, P.C.
The Intersection of Bankruptcy and Divorce: When Worlds Collide
This panel will discuss various sections of the Bankruptcy Code as they impact or are impacted by divorce proceedings. The panel will discuss the § 101(14A) definition of “domestic support obligations,” the rights of a representative appointed for the debtor’s children, post-nuptial agreements, the standing of an estranged spouse under §§ 523 and 727, §§ 523(a)(5) and (a)(15), equitable distribution awards and § 541, fraudulent conveyances and divorce decrees, and much, much more.
Hon. Margaret Dee McGarity, Moderator
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Lisa Sommers Gretchko
Howard & Howard; Royal Oak, Mich.
E. Philip Groben
Dale & Gensburg, P.C.; Chicago
Susan L. Rhiel
Rhiel & Associates Co., LPA; Columbus, Ohio
Headaches, Relief and Other Remedies: Let’s Look in That Medicine Cabinet Again
This discussion will keep attendees informed about the most recent developments on the most powerful procedural remedy in bankruptcy: the automatic stay. Learn the latest strategies and nuances in the still-developing case law concerning the stay.
Hon. Phillip J. Shefferly, Moderator
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Jeffrey C. Dan
Crane, Heyman, Simon, Welch & Clar; Chicago
Rebecca R. DeMarb
Sweet DeMarb LLC; Madison, Wis.
Victoria E. Powers
Ice Miller LLP; Columbus, Ohio
10:30-10:45 a.m.
Refreshment Break
Sponsored by Wolfson Bolton PLLC
10:45 a.m.-12:00 p.m.
Concurrent Sessions (7)
Business Track
Disclosure, Conflicts and Other Ethical Problems in Commercial Bankruptcy Cases: Avoiding Litigation, Disgorgement and Malpractice
This panel will address emerging professional responsibility issues in commercial cases, including a recent Seventh Circuit decision involving the duty to advise of alternative transactional structures and other competency issues that affect fee awards and liability, standards for fee awards, disclosure and disinterestedness problems, and conflict problems in retention and the curative limits of use of conflicts and special counsel.
Judith Greenstone Miller, Moderator
Jaffe Raitt Heuer & Weiss; Southfield, Mich.
Michael B. Fisco
Faegre Baker Daniels; Minneapolis
Robert M. Fishman
Shaw Fishman Glantz & Towbin LLC; Chicago
Patricia Brown Fugée
Roetzel & Andress, LPA; Toledo, Ohio
Getting to Confirmation: Why Do They Keep Moving the Finish Line On Me?
We all know how hard it is to confirm a chapter 11 plan. This panel will discuss cutting-edge issues related to confirming your chapter 11 plan so that you can arm yourselves for the inevitable battle — or negotiate confirmation with superior knowledge of the likely outcome.
Hon. Catherine J. Furay, Moderator
U.S. Bankruptcy Court (W.D. Wis.); Eau Claire
James A. Lodoen
Lindquist & Vennum LLP; Minneapolis
Michael K. McCrory
Barnes & Thornburg LLP; Indianapolis
Jane F. (Ginger) Zimmerman
Murphy Desmond S.C.; Madison, Wis.
Substantial Contribution Claims
This panel will explore claims for substantial contribution claims in connection with asset sales, involuntary petitions and other contexts in light of the expansive reading given to 11 U.S.C. 503(b)(3) by the Sixth Circuit in [Connolly title]. The panel will also address other hot topics in commercial bankruptcy cases related to claims.
Hon. John T. Gregg, Moderator
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Susan M. Cook
Lambert Leser, P.C.; Bay City, Mich.
Frank W. DiCastri
Whyte Hirschboeck Dudek S.C.; Milwaukee
Anne B. Miller
Fishman Miller PC; Lake in the Hills, Ill.
Consumer Track
You Don’t Always Get What You Want, but if You Do It Right, You Might Get What You Deserve
Creditors seemingly rarely get paid in full in a bankruptcy, and without allowed claims, they can pretty much forget about getting anything at all. This panel will discuss the recent developments in claims litigation and strategies employed to maximize returns in bankruptcy cases for creditors (and possibly debtors).
Hon. A. Benjamin Goldgar, Moderator
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Kim Morden Rattet
Trott Law; Farmington Hills, Mich.
Glenn B. Stearns
Chapter 13 Trustee; Lisle, Ill.
Craig E. Stevenson
DeWitt Ross & Stevens S.C.; Madison, Wis.
I Surrender: Getting Rid of Unwanted Encumbered Property in a Consumer Bankruptcy Case
A debtor’s real property is worth less than the debt it secures. Taxes, HOA fees, fines and liability for accidents can pile up on property that a debtor can’t afford and no longer wants. This panel will examine whether a debtor can get rid of the property and these problems in bankruptcy.
Hon. John P. Gustafson, Moderator
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Paul M. Bach
Paul M Bach Law Office; Northbrook, Ill.
Leslie B. Griffith
Standing Chapter 13 and 12 Trustee (W.D. Wis.); Madison
Richardo I. Kilpatrick
Kilpatrick & Associates, P.C.; Auburn Hills, Mich.
Professional Responsibility of Counsel in Consumer Cases: It Isn’t Just Filling Out Forms
Efficient and effective preparation of petitions is a core competency for debtors’ lawyers. To that end, this panel will examine such issues as counsel’s duty to investigate a debtor’s financial affairs, best practices for doing so, appropriate use of staff, avoiding ECF misuse, and the consequences of failing to discharge these duties.
Hon. Donald R. Cassling, Moderator
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Adam Brief
Office of the U.S. Trustee; Chicago
Dean R. Nelson, Jr.
The Taunt Law Firm; Birmingham, Mich.
William E. Wallo
Weld Riley, S.C.; Eau Claire, Wis.
Repeat Concurrent Session
The Who, What, How, and Why of Bankruptcy Appeals
12:00-2:00 p.m.
Optional Event: Family Picnic
Sponsored by Development Specialists, Inc. and Shaw Fishman Glantz & Towbin LLC
Entertainment Sponsored by Freeborn & Peters LLP
1:00 p.m.
Optional Event: Golf Tournament and ABI Golf Tour
Golf Hole Sponsored by High Ridge Partners, Kerkman & Dunn, O'Keefe LLC, and Varnum LLP
Beverage Cart Sponsored by Faegre Baker Daniels LLP
1:00-5:00 p.m.
Optional Event: Wine Tour
Sponsored by Gold, Lange & Majoros, P.C
2:30-4:45 p.m.
Optional Event: Lake Geneva Private Boat Cruise
2:30-5:30 p.m.
Optional Event: Black Point Estate Tour
7:00-9:00 p.m.
Optional Event: Lake Geneva Dine-Around
Sponsored by McDonald Hopkins PLC
8:00-10:00 p.m.
Dessert Reception
Sponsored by Jenner & Block LLP
Dessert Reception Entertainment Sponsored by Barnes & Thornburg LLP
Saturday, June 18
Shuttle to Downtown Lake Geneva
Sponsored by Meltzer Purtill & Stelle LLC
7:15-8:00 a.m.
Breakfast
Sponsored by Greenberg Traurig, LLP and Perkins Coie LLP
7:45-8:00 a.m.
Morning Announcements
8:00-9:30 a.m.
Chapter 9: Coming to a City Near You?
As the financial health of many of our municipalities continues to deteriorate, this very timely discussion, with experts experienced in the largest cases, will provide the pros and cons of a chapter 9 filing.
Robert M. Fishman, Moderator
Shaw Fishman Glantz & Towbin LLC; Chicago
Hon. Thomas B. Bennett (ret.)
Bailey Glasser LLP; Washington, D.C.
Hon. Elizabeth L. Perris (ret.)
U.S. Bankruptcy Court (D. Ore.); Portland
Hon. Alan C. Stout
U.S. Bankruptcy Court (W.D. Ky.); Louisville
9:30-10:45 a.m.
Concurrent Session (7)
Business Track
Sales, Sales and More Sales
Topics will include § 363 sale best practices to avoid Family Christian pitfalls, notice issues in light of Motors Liquidation Co., finding creditor consent, identifying highest and best offers, reopening an auction, and post-sale issues such as structured dismissals without a plan.
Carrianne Basler
AlixPartners, LLP; Chicago
Richard S. Lauter
Freeborn & Peters LLP; Chicago
Michael P. O’Neil
Taft Stettinius & Hollister LLP; Indianapolis
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Disclosure, Conflicts and Other Ethical Problems in Commercial Bankruptcy Cases: Avoiding Litigation, Disgorgement and Malpractice
Getting to Confirmation: Why Do They Keep Moving the Finish Line On Me?
Substantial Contribution Claims
Consumer Track
You Don’t Always Get What You Want, but if You Do It Right, You Might Get What You Deserve
I Surrender: Getting Rid of Unwanted Encumbered Property in a Consumer Bankruptcy Case
Professional Responsibility of Counsel in Consumer Cases: It Isn’t Just Filling Out Forms
10:45-11:00 a.m.
Refreshment Break
Sponsored by Ice Miller LLP
11:00 a.m.-12:15 p.m.
Repeat Concurrent Sessions (7)
Business Track
Sales, Sales and More Sales
The Intersection of Limited Liability Companies and Bankruptcy
Individual Chapter 11 Cases: The Good, The Bad and The Ugly
Consumer Track
Death and Taxes
Discovery: It’s a Whole New Ballgame
The Intersection of Bankruptcy and Divorce: When Worlds Collide
Headaches, Relief and Other Remedies: Let’s Look in That Medicine Cabinet Again
2:00-3:00 p.m.
Optional Event: Horseback Riding at Dan Patch Stables
2:00-5:00 p.m.
3rd Annual Tour de ABI Bicycling Outing
Sponsored by Commercial Recovery Associates, LLC and Law Office of Deborah Kanner Ebner
5:30-9:00 p.m.
Optional Event: Kids’ Night Out
7:00-9:00 p.m.
Optional Event: Lake Geneva Dine-Around
7:00-9:00 p.m.
Speaker/Sponsor Reception (by invitation only)
Sponsored by Godfrey & Kahn SC
8:30-10:00 p.m.
Bonfire and S’mores Social
Sponsored by Lakelaw
Sunday, June 19
8:30-10:00 a.m.
Breakfast with a Judge
Sponsored by Krieg DeVault
Pick a table, topic and a judge for an informal conversation over a hot breakfast.
Hon. Thomas B. Bennett (ret.)
Bailey Glasser LLP; Washington, D.C.
Hon. Donald R. Cassling
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Hon. Catherine J. Furay
U.S. Bankruptcy Court (W.D. Wis.); Eau Claire
Hon. A. Benjamin Goldgar
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Hon. John P. Gustafson
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Hon. Philip Klingeberger
U.S. Bankruptcy Court (N.D. Ind.); Hammond
Hon. Margaret Dee McGarity
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Hon. Elizabeth L. Perris (ret.)
U.S. Bankruptcy Court (D. Ore.); Portland
Hon. Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Hon. Alan C. Stout
U.S. Bankruptcy Court (W.D. Ky.); Louisville
10:00 a.m.
Adjourn