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Event Information 255263

Thursday, January 25

10:00-11:45 a.m.

IWIRC Program (separate registration)

 

IWIRC Program

Interrupting Unconscious Bias

Unconscious bias is pervasive and its impact devastating to the legal industry’s decades-long efforts to advance diversity. Gender bias is a particularly vexing issue in the legal profession, with female lawyers, as a group, lagging behind men in every area. Awareness of implicit bias is not enough to dismantle the hidden barriers that disrupt the career paths of many attorneys in underrepresented groups, including women. Research shows that behavioral and structural changes are critical to interrupting these hidden barriers. Attend this interactive session to learn about the current research on the business benefits of gender diversity, how stereotypes hurt both men and women, and practical ways to interrupt bias – personally and at an organizational level. Participants will also engage with peers to discuss and create action lists for fighting bias.

Kathleen Nalty

Kathleen Nalty Consulting, LLC; Denver

Marsha M. Piccone

Rollin Braswell Fisher LLC; Greenwood Village, Colo.

11:00 a.m.

ABI Registration Desk and Exhibit Hall Open

Noon-12:30 p.m.

Lunch

12:30-12:45 p.m.

Welcoming Remarks

12:45-1:45 p.m.

Luncheon Keynote

Twice Told Tales: Reexamining Past Precedents

Annette Jarvis

Dorsey & Whitney LLP; Salt Lake City

1:45-3:00 p.m.

Concurrent Sessions (3)

Rounding Up the Unusual Suspects: Bankruptcy for Nontraditional Debtor Entities

This panel will cover unique bankruptcy issues affecting unincorporated debtors, including general and limited partnerships, limited liability companies and trusts. Beginning with issues of eligibility and authorization to file a petition, the panelists will cover questions that arise throughout the life of a bankruptcy case, including executory contracts, fiduciary-duty disputes, sales and pledges of ownership interests, and control over these noncorporate entities.

Eric E. Johnson, Moderator

Sherman & Howard, LLC; Denver

Mona Burton

Holland & Hart LLP; Salt Lake City

Jeffrey M. Reisner

Irell & Manella LLP; Newport Beach, Calif.

Mark A. Shaiken

Stinson Leonard Street LLP; Denver

Real Estate Bankruptcy Issues

Join notable experts as they dive into royalty interests: real property or contract interest?, abandonment and environmental liabilities, the Uniform Assignment of Rents Act, are foreclosure sale purchases protected from avoidance under § 547?, circuit split: application of anti-modification clause to mixed-use properties, § 363(h): an oft-forgotten-yet-powerful tool for co-owners of commercial real estate, in the absence of default, are landlords entitled to attorneys’ fees as cure costs upon lease assumption and assignment?, the meaning of “surrendering” real property under § 521, does termination of a lease constitute a “transfer” under 11 U.S.C. §§ 547 and 548?, and adequate-protection issues.

David T. Brennan, Moderator

Otten Johnson Robinson Neff + Ragonetti PC; Denver

Matthew Bordwin

Keen-Summit Capital Partners LLC; Melville, N.Y.

Jason S. Brookner

Gray Reed & McGraw LLP; Dallas

Caroline C. Fuller

Fairfield and Woods P.C.; Denver

Hon. Michael E. Romero

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

Barring Unknown and Unknowable Claims: The Search for the Holy Grail

This panel will explore the impact of unknown (or unknowable) claims and best practices for attempting to bar such claims through a chapter 11 plan or § 363 sale. The panelists will address cases involving product liability (including the recent GM case), environmental claims, and other situations where due-process concerns could limit the ability to bar such claims.

Bruce H. White, Moderator

Parsons Behle & Latimer; Salt Lake City

Patrick L. Hughes

Haynes and Boone, LLP; Denver

Patricia A. Redmond

Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.; Miami

Steven C. Strong

Cohne Kinghorn, P.C.; Salt Lake City

Natasha Tsiouris

Davis Polk & Wardwell LLP; New York

3:00-3:30 p.m.

Refreshment Break

3:30-4:45 p.m.

Concurrent Sessions (3)

Unlike Death and Taxes: A Review of Important Recent Cases and Trends

Join this panel of experts from across the country as they discuss and analyze the latest issues and recent important bankruptcy and insolvency decisions from the Supreme Court, circuit courts of appeals and lower courts, and what issues could soon be addressed by the appellate courts.

Kenneth L. Cannon II, Moderator

Durham Jones & Pinegar; Salt Lake City

Leslie A. Berkoff

Moritt Hock & Hamroff LLP; Garden City, N.Y.

Ronald R. Peterson

Jenner & Block; Chicago

James Patrick Shea

Armstrong Teasdale LLP; Las Vegas

Hon. William T. Thurman

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

Health Care and Nonprofits in Crisis: Is Bankruptcy the Cure? How to Properly Diagnose and Treat Troubled Health Care Businesses and Nonprofits

This roundtable of experts will explore the unique aspects of health care and nonprofit bankruptcy cases, including, but not limited to, the reasons for the significant increase in health care bankruptcy filings, jurisdictional issues, regulatory approval requirements, and patient care ombudsman and HIPAA considerations, as well as criminal forfeiture and false-claim litigation while in bankruptcy.

Chad S. Caby, Moderator

Lewis Roca Rothgerber Christie LLP; Denver

Elizabeth A. Green

BakerHostetler; Orlando, Fla.

Bradley T. Hunsicker

Markus Williams Young & Zimmermann LLC; Cheyenne, Wyo.

Michael Thomson

Dorsey & Whitney LLP; Salt Lake City

Hon. Kimberley H. Tyson

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

Effective Motion Practice: Pointers, Checklists, Templates, Best Practices and More

Sharpen your motion-practice skills and become a more effective and prepared advocate for your client by attending this practical session. Focusing on chapter 11 cases, panelists will discuss tips and practice pointers for motions for relief from stay, asset sales, post-petition financing, use of cash collateral, 2004 exams and more. Presentation of arguments and evidence will be discussed, and checklists and forms will be distributed.

Adelaide Maudsley, Moderator

Kirton McConkie PC; Salt Lake City

Laurie Cayton

Office of the U.S. Trustee; Salt Lake City

David E. Leta

Snell & Wilmer L.L.P.; Salt Lake City

Hon. Joel T. Marker

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

Hon. Thomas B. McNamara

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

Michael J. Pankow

Brownstein Hyatt Farber Schreck, LLP; Denver

4:45-6:30 p.m.

Networking Reception

Friday, January 26

7:00 a.m.

Registration Desk and Exhibit Hall Open

7:30-8:00 a.m.

Breakfast

7:50 a.m.

Morning Announcements

8:00-8:55 a.m.

Judges’ Roundtable

Featuring the Judges of the 23rd Annual Rocky Mountain Bankruptcy Conference.

9:00-10:15 a.m.

Concurrent Sessions (3)

 

Consumer Workshop I: Litigation on a Budget

This panel will help sort through the following questions: What is needed to prove your facts? How do you find experts on the cheap? Is a deposition necessary? How many witnesses do I really need? How do I minimize the cost of discovery in a small case without jeopardizing my clients’ interests?

Stephen E. Berken, Moderator

Berken Cloyes, PC.; Denver

Britney Beall-Eder

Frascona, Joiner, Goodman and Greenstein, P.C.; Boulder, Colo.

Ken Buechler

Buechler & Garber, LLC; Denver

Jennifer K. Cruseturner

Office of Standing Chapter 13 Trustee Adam Goodman; Denver

Hon. Joseph G. Rosania

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

David Wadsworth

Wadsworth Warner Conrardy, P.C.; Denver

Update on Avoidance Actions

Speakers and attendees will cover such topics as the 10-year look-back period, valuation of a constructive fraudulent transfer, objective vs. subjective valuation, the § 546(e) defense and issues involving deposit accounts.

Sherilyn A. Olsen, Moderator

Holland & Hart LLP; Salt Lake City

Hon. Elizabeth E. Brown

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

Andrew W. Caine

Pachulski Stang Ziehl & Jones; Los Angeles

Adam L. Hirsch

Kutak Rock LLP; Denver

Randy Nussbaum

Sacks Tierney P.A.; Scottsdale, Ariz.

Repeat Concurrent Session

Rounding Up the Unusual Suspects: Bankruptcy for Nontraditional Debtor Entities

10:15-10:45 a.m.

Coffee Break

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

Concurrent Sessions (3)

 

Consumer Workshop II: Ethics and Avoiding Malpractice

This panel will help you sort through the following questions: How do you avoid missing deadlines in a fast-paced practice? How do you avoid ethical issues when advising clients and preparing witnesses? What are the requirements for and limitations on fee agreements? How do you deal with incomplete or factually inaccurate statements by your client?

David M. Rich, Moderator

Minor & Brown PC; Denver

Hon Kevin R. Anderson

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

Kenneth J. Buechler

Buechler & Garber LLC; Denver

Jenny M.F. Fujii

KutnerBrinen, P.C.; Denver

Randy Nussbaum

Sacks Tierney P.A.; Scottsdale, Ariz.

Repeat Concurrent Sessions

Real Estate Bankruptcy Issues

Unlike Death and Taxes: A Review of Important Recent Cases and Trends

12:00-12:30 p.m.

Lunch

12:30-1:30 p.m.

Luncheon Keynote

Bankruptcy Law Is Too Difficult for Article III Judges

William J. Rochelle, III

American Bankruptcy Institute; New York

1:45-3:00 p.m.

Concurrent Sessions (3)

 

Consumer Workshop III: Practicing with the New Chapter 13 Form and Rule Changes

This panel will help sort through the following questions: What districts are adopting the model chapter 13 plan? What changes are being made to current form plans to conform to the requirements of the model form? How will the shortened deadline for filing proofs of claim affect chapter 13 administration? How will the new rules promulgated by the CFPB affect mortgage lenders and consumers?

Deanna L. Westfall, Moderator

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

Tami Gadd-Willardson

Office of the Chapter 13 Trustee; Salt Lake City

Matthew W. Hoelscher

Douglas B. Kiel, Standing Chapter 13 Trustee; Westminster, Colo.

Hon. Cathleen D Parker

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

Hon. Eugene R. Wedoff (ret.)

Oak Park, Ill.

Repeat Concurrent Sessions

Health Care and Nonprofits in Crisis: Is Bankruptcy the Cure? How to Properly Diagnose and Treat Troubled Health Care Businesses and Nonprofits

Barring Unknown and Unknowable Claims: The Search for the Holy Grail

3:00-3:30 p.m.

Refreshment Break

3:30-4:45 p.m.

Repeat Concurrent Sessions (2)

Update on Avoidance Actions

Effective Motion Practice: Pointers, Checklists, Templates, Best Practices and More

Sharpen your motion-practice skills and become a more effective and prepared advocate for your client by attending this practical session. Focusing on chapter 11 cases, panelists will discuss tips and practice pointers for motions for relief from stay, asset sales, post-petition financing, use of cash collateral, 2004 exams and more. Presentation of arguments and evidence will be discussed, and checklists and forms will be distributed.

Adelaide Maudsley, Moderator

Kirton McConkie PC; Salt Lake City

David E. Leta

Snell & Wilmer L.L.P.; Salt Lake City

Hon. Joel T. Marker

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

Hon. Thomas B. McNamara

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

Michael J. Pankow

Brownstein Hyatt Farber Schreck, LLP; Denver

4:45-6:30 p.m.

Networking Reception

 

Register for Consumer Program only

Friday, January 26

7:00 a.m.

Registration Desk and Exhibit Hall Open

7:30-8:00 a.m.

Breakfast

8:00-8:55 a.m.

Judges’ Roundtable

Featuring the Judges of the 23rd Annual Rocky Mountain Bankruptcy Conference.

9:00-10:15 a.m.

Concurrent Sessions

Consumer Workshop I

Litigation on a Budget

This panel will help sort through the following questions: What is needed to prove your facts? How do you find experts on the cheap? Is a deposition necessary? How many witnesses do I really need? How do I minimize the cost of discovery in a small case without jeopardizing my clients’ interests?

Stephen E. Berken, Moderator

Berken Cloyes, PC.; Denver

Britney Beall-Eder

Frascona, Joiner, Goodman and Greenstein, P.C.; Boulder, Colo.

Ken Buechler

Buechler & Garber, LLC; Denver

Jennifer K. Cruseturner

Office of Standing Chapter 13 Trustee Adam Goodman; Denver

Hon. Joseph G. Rosania

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

David Wadsworth

Wadsworth Warner Conrardy, P.C.; Denver

10:15-10:45 a.m.

Coffee Break

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

Concurrent Sessions

Consumer Workshop II

Ethics and Avoiding Malpractice

This panel will help you sort through the following questions: How do you avoid missing deadlines in a fast-paced practice? How do you avoid ethical issues when advising clients and preparing witnesses? What are the requirements for and limitations on fee agreements? How do you deal with incomplete or factually inaccurate statements by your client?

David M. Rich, Moderator

Minor & Brown PC; Denver

Hon Kevin R. Anderson

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

Kenneth J. Buechler

Buechler & Garber LLC; Denver

Jenny M.F. Fujii

KutnerBrinen, P.C.; Denver

Randy Nussbaum

Sacks Tierney P.A.; Scottsdale, Ariz.

12:00-12:30 p.m.

Lunch

12:30-1:30 p.m.

Luncheon Keynote

Bankruptcy Law Is Too Difficult for Article III Judges

William J. Rochelle, III

American Bankruptcy Institute; New York

1:45-3:00 p.m.

Concurrent Sessions

Consumer Workshop III

Practicing with the New Chapter 13 Form and Rule Changes

This panel will help sort through the following questions: What districts are adopting the model chapter 13 plan? What changes are being made to current form plans to conform to the requirements of the model form? How will the shortened deadline for filing proofs of claim affect chapter 13 administration? How will the new rules promulgated by the CFPB affect mortgage lenders and consumers?

Deanna L. Westfall, Moderator

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

Tami Gadd-Willardson

Office of the Chapter 13 Trustee; Salt Lake City

Matthew W. Hoelscher

Douglas B. Kiel, Standing Chapter 13 Trustee; Westminster, Colo.

Hon. Cathleen D Parker

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

Hon. Eugene R. Wedoff (ret.)

Oak Park, Ill.

3:00-3:30 p.m.

Refreshment Break

3:30-4:45 p.m.

Effective Motion Practice: Pointers, Checklists, Templates, Best Practices and More

Sharpen your motion-practice skills and become a more effective and prepared advocate for your client by attending this practical session. Focusing on chapter 11 cases, panelists will discuss tips and practice pointers for motions for relief from stay, asset sales, post-petition financing, use of cash collateral, 2004 exams and more. Presentation of arguments and evidence will be discussed, and checklists and forms will be distributed.

Adelaide Maudsley, Moderator

Kirton McConkie PC; Salt Lake City

David E. Leta

Snell & Wilmer L.L.P.; Salt Lake City

Hon. Joel T. Marker

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

Hon. Thomas B. McNamara

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

Michael J. Pankow

Brownstein Hyatt Farber Schreck, LLP; Denver

4:45-6:30 p.m.

Networking Reception

 

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 $259 per night; reservations must be made by December 23, 2017, 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 25. The cost is an additional $75; 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 January 4, 2018. No refunds will be granted after January 4, but substitutions will be allowed. After January 4, 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 10.25 hours of CLE credit, including 1.25 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 12.5 hours of CLE credit, including 1.5 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 10.25 hours, of which 1.5 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 12.5 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 12.5 hours of CPE credit, including 1.5 hours of ethics, are also available.

 

Rocky Mountain Consumer Workshop: Approval for approximately 7 hours of CLE credit, including 1.25 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 8 hours of CLE credit, including 1.5 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 hours, including 1.5 hours of ethics. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 8 credit hours, including 1.5 hours of ethics. 8 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 bspencer@abi.org.

2018 Rocky Mountain Bankruptcy Conference Chairs

Hon Kevin R. Anderson, Co-Judicial Chair

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

Hon. Joseph G. Rosania, Co-Judicial Chair

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

Gil A. Miller, Co-Chair

Rocky Mountain Advisory; Salt Lake City

John F. Young, Co-Chair

Markus Williams Young & Zimmermann LLC; Denver

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

Berken Cloyes, PC.; Denver

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

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

2018 Rocky Mountain Bankruptcy Conference Advisory Board

Troy J. Aramburu, Sponsorship Coordinator

Snell & Wilmer L.L.P.; Salt Lake City

Michael R. Johnson, Sponsorship Coordinator

Ray Quinney & Nebeker; Salt Lake City

Christian Carl Onsager, Sponsorship Coordinator

Onsager | Fletcher | Johnson; Denver

David T. Brennan

Otten Johnson Robinson Neff + Ragonetti PC; Denver

Chad S. Caby

Lewis Roca Rothgerber Christie LLP; Denver

Kenneth L. Cannon II

Durham Jones & Pinegar; Salt Lake City

Caroline C. Fuller

Fairfield and Woods P.C.; Denver

Joshua M. Hantman

Brownstein Hyatt Farber Schreck, LLP; Denver

Theodore J. Hartl

Lindquist & Vennum LLP; Denver

George B. Hofmann

Cohne Kinghorn, P.C.; Salt Lake City

Peggy Hunt

Dorsey & Whitney LLP; Salt Lake City

Lon Jenkins

Chapter 13 Trustee; Salt Lake City

Eric E. Johnson

Sherman & Howard, LLC; Denver

Lee M. Kutner

KutnerBrinen, P.C.; Denver

Adelaide Maudsley

Kirton McConkie PC; Salt Lake City

Sherilyn A. Olsen

Holland & Hart LLP; Salt Lake City

Craig K. Schuenemann

Bryan Cave LLP; Denver

Timothy M. Swanson

Moye White LLP; Denver

Bruce H. White

Parsons Behle & Latimer; Salt Lake City

 

 

 

Partners

Double Black Diamond Sponsors

Durham Jones & Pinegar, P.C.
Kutak Rock LLP
KutnerBrinen, P.C.
Onsager | Fletcher | Johnson
Otten Johnson Robinson Neff + Ragonetti PC
Parsons Behle & Latimer
Rocky Mountain Advisory
Snell & Wilmer

Black Diamond Sponsors

Bryan Cave, LLP
Cordes & Company
Dorsey & Whitney LLP
Faculty of Federal Advocates
Holland & Hart LLP
Markus Williams Young & Zimmermann LLC
Ray Quinney & Nebeker P.C.

Blue Sponsors

Allen Vellone Wolf Helfrich & Factor P.C.
Buechler & Garber, LLC
Coan, Payton & Payne, LLC
Cohne Kinghorn, P.C.
Faegre Baker Daniels LLP
Lewis Roca Rothgerber Christie LLP
Moye White
S3 Advisory LLC
Spencer Fane LLP
Stinson Leonard Street LLP
Wadsworth Warner Conrardy, PC

Green Sponsors

r² advisors llc
Sherman & Howard, LLC
Weinstein & Riley, P.S.

Special Thanks

We extend our special thanks to Donlin, Recano & Company, Inc. for the conference app.

 

2018 Conference Rates

  Advanced
(postmarked by 11/17/17)
Regular
(11/18/17-1/5/18)
Late
(after 1/5/18)
Rocky Mountain Bankruptcy Conference
ABI Member
$595
$650
$695
Join and Save*
$870
$945
$990
Govt./Aca. ABI Member
$345
$395
$445
Govt./Aca. New ABI Member*
$440
$490
$540
 
Consumer Workshop ONLY Pricing (program only on 1/26/18)
ABI Member $295 $345 $395
Join and Save* $390 $440 $490
Optional Events
IWIRC Program Fee (includes lunch)
$75
 
 
Thursday Networking Reception
Included
 
 
Thursday Networking Reception Guest
$40
 
 
Friday Networking Reception
Included
 
 
Friday Networking Reception Guest
$40
 
 

*Includes a one-year ABI membership for first-time members only — a $325 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.