42nd Annual Alexander L. Paskay Memorial Bankruptcy Seminar

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42nd Annual Alexander L. Paskay Memorial Bankruptcy Seminar

January 18-19, 2018 Bryan Glazer Family JCC • Tampa, Fla.

The 42nd Annual Alexander L. Paskay Memorial Bankruptcy Seminar, a memorial CLE program honoring the lifetime achievements of the late Bankruptcy Judge Alexander L. Paskay, continues its legacy of insightful and timely programming. This year’s Seminar features prominent regional and national speakers joined by 12 bankruptcy judges to discuss both commercial and consumer bankruptcy issues. Enjoy several networking events while earning up to 16.5 hours of CLE/CPE including 3 ethics hours.

Sessions

Event Information 255434

Thursday, January 18

8:00 a.m.-4:30 p.m.

Exhibit Hall Open

8:00-8:30 a.m.

Registration & Continental Breakfast

8:30-8:45 a.m.

Welcome by Program Chairs

8:45-10:15 a.m.

Plenary Session

Case Law Update

Robert A. Soriano, Moderator

Soriano Law, P.A.; Tampa

Steven M. Berman

Shumaker, Loop & Kendrick, LLP; Tampa

Denise D. Dell-Powell

Burr & Forman LLP; Orlando

Fentrice D. Driskell

Carlton Fields Jorden Burt, P.A.; Tampa

9:00 a.m.-5:00 p.m.

Hospitality Room Open

Sponsored by Holland & Knight LLP

10:15-10:30 a.m.

Refreshment Break

Sponsored by Bradley Arant Boult Cummings LLP

10:30 a.m.-12:00 noon

Concurrent Breakouts (2)

 

Business Session

Cutting-Edge Chapter 11 Issues – 40 Years After the ’78 Reform Act

How Clear is “Free and Clear” under § 363? You’re a Real Character: When Can Debt Be Recharacterized as Equity? How Can I Get a One of Those: A Third Party Release?

 

A panel discussion of lawyers with more than 100 years of bankruptcy experience, moderated by a bankruptcy judge who used to be a corporate lawyer. The panel will discuss recent court decisions and focus on unique issues that can arise when a debtor seeks to sell estate property “free and clear,” including whether § 363 can be used to sell real property free of an otherwise valid lease, the debate over whether and under what circumstances a bankruptcy court may rule that a facially valid loan is really subordinated equity, and whether post-Stern bankruptcy courts have the authority to grant releases to non-debtors and, if so, under what conditions.

Hon. Paul M. Glenn, Moderator

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

Patricia A. Redmond

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

Edwin G. Rice

Bradley Arant Boult Cummings LLP; Tampa

R. Scott Shuker

Latham, Shuker, Eden & Beaudine, LLP; Orlando

Mark J. Wolfson

Foley & Lardner LLP; Tampa

 

 

Consumer Session

Intersection of Bankruptcy Court and State Court

Hon. Catherine Peek McEwen, Moderator

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

Kristina E. Feher

Feher Law, P.L.L.C.; St. Petersburg

Matthew M. Holtsinger

Kass Shuler, P.A.; Tampa

Richard A. Johnston, Jr.

Richard Johnston Law; Fort Myers

 

12:00-1:30 p.m.

Paskay Memorial Luncheon and Keynote

Sponsored by Stichter, Riedel, Blain & Postler, P.A.

 

Irving H. Picard

BakerHostetler LLP; New York

William J. Rochelle, III

American Bankruptcy Institute; New York

1:30-1:45 p.m.

Refreshment Break

1:45-3:15 p.m.

E-Discovery: How to Avoid Being TAR-ed and Feathered.

This program will explore (i) how courts have implemented recent rules dealing with e-discovery; (ii) TAR and other software tools to manage e-discovery; and (iii) unique e-discovery issues in bankruptcy cases and adversary proceedings.

Hon. Roberta A. Colton

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

James D. Gassenheimer

Berger Singerman LLP; Miami

Michael G. McCartney

Avalon Cyber; Buffalo, N.Y.

Hon. Anthony E. Porcelli

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

Hon. Julie S. Sneed

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

 

3:15-3:30 p.m.

Refreshment Break

3:30-5:00 p.m.

Concurrent Breakouts (2)

 

Business Session

The Effective Cross Examination of Expert Witnesses: An Art not a Science

Hon. Michael G. Williamson, Moderator

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

David C. Banker

Bush Ross, PA; Tampa

Corali Lopez- Castro

Kozyak Tropin & Throckmorton, PA; Miami

Joseph H. Varner III

Holland & Knight LLP; Tampa

 

 

Consumer Session

Consumer Potpourri: Hot Topics in Chapter 13

Panel discussion of issues affecting your consumer clients: consequences of assumption and rejection of executory contracts; Chapter 13 update; the incapacitated client; undisclosed assets; proofs of claim and FDCPA; TCPA; revisions to Bankruptcy Rules; advising your clients on post-discharge liabilities; report on the ABI Consumer Commission’s Chapter 7 Committee.

Hon. Caryl E. Delano, Moderator

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

Paul A. Giordano

Roetzel & Andress, LPA; Fort Myers

Dennis J. Levine

Kelley Kronenberg; Tampa

Charles G. Moore

Charles G. Moore Attorney at Law; St. Petersburg

Gavin N. Stewart

Buckley Madole, P.C.; Tampa

 

5:15-6:45 p.m.

Opening Reception

Bar Sponsored by Adams and Reese LLP, Henderson, Franklin, Starnes & Holt, P.A., Kozyak Tropin & Throckmorton, LLP

7:00-9:30 p.m.

VIP Speaker/Sponsor Dinner (by invitation only)

Friday, January 19

8:00-8:30 a.m.

Continental Breakfast

8:30-8:45 a.m.

Opening Remarks

8:45-10:15 a.m.

Plenary Session

Solving the LLC Puzzle in Bankruptcy

The Limited Liability Company is an ever more popular business entity structure. Its popularity makes perfect sense in that it is designed to limit owners’ personal liability and to provide greater contractual flexibility in all aspects of company ownership, management, allocations, and distributions, among many other things. LLCs may also offer significant tax benefits. However, state LLC law and its interplay with federal bankruptcy law is a minefield of trouble for the LLC debtor or where one or more members of an LLC are the debtors in a bankruptcy proceeding. This panel will explore the unique issues that LLCs present in bankruptcy. Believe it, if you have not seen this issue yet, you are about to!

Hon. Frank J. Bailey, Moderator

U.S. Bankruptcy Court (D. Mass.); Boston

Douglas A. Bates

Clark Partington Hart Larry Bond & Stackhouse, P.A.; Pensacola

Louis T. M. Conti

Holland & Knight LLP; Tampa

Lara R. Fernandez

Trenam Law; Tampa

 

10:15-10:30 a.m.

Refreshment Break

10:30-12:00 a.m.

Concurrent Breakouts (2)

 

Business Session

Clash of the Codes: Bankruptcy Tax Issues Made Simple

Hon. Cynthia C. Jackson, Moderator

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

Scott M. Grossman

Greenberg Traurig, LLP; Fort Lauderdale

R. Lawrence Heinkel

Heinkel Tax Law Group, LLC; St. Petersburg

Charles A. Postler

Stichter, Riedel, Blain & Postler, P.A.; Tampa

Prof. Jack F. Williams

Baker Tilly Virchow Krause, LLP
Georgia State University College of Law; Atlanta

 

 

Consumer Session

Student Loans. Where are we and where do we go from here?

An examination and debate of the case law, political and legislative developments that could impact the student loan crisis and whether under the current climate there is any chance of or need for change.

Hon. Laurel M. Isicoff, Moderator

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

Sara Dunn

Quarles & Brady LLP; Tampa

John D. Eaton

Shawde & Eaton, P.L.; Weston

Alberto F. Gomez, Jr.

Johnson Pope Bokor Ruppel & Burns, LLP; Tampa

 

12:00 a.m.-1:15 p.m.

Working Lunch

Diversity/Implicit Bias

Barbara Thompson

University of Central Florida; Orlando

1:15-1:30 p.m.

Refreshment Break

1:30-3:00 p.m.

Plenary Session

Ethics and Privilege Issues: The truth, the whole truth [subject to any and all applicable privileges], and nothing but the truth.

This panel will discuss the scope of mediation privilege, including waiving privilege with co-clients, privilege in regards to small firms, the "at issue" waiver doctrine, and ethics and privilege issues related to technology.

Hon. Robert E. Grossman, Moderator

U.S. Bankruptcy Court (E.D.N.Y.); Central Islip

Leyza F. Blanco

GrayRobinson, P.A.; Miami

Jacob A. Brown

Akerman LLP; Jacksonville

Robert F. Elgidely

Genovese Joblove & Battista, P.A.; Fort Lauderdale

David S. Jennis

Jennis Law Firm; Tampa

 

3:00-4:30 p.m.

Plenary Session

Judicial Merry-Go-Round

Judge-led rapid-fire roundtables on today’s provocative issues, with attendees changing tables every 20 minutes.

Roy S. Kobert, Moderator

GrayRobinson, P.A.; Orlando

Hon. Frank J. Bailey

U.S. Bankruptcy Court (D. Mass.); Boston

Hon. Mildred Caban

U.S. Bankruptcy Court (D. Puerto Rico); San Juan

Hon. Roberta A. Colton

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

Hon. Caryl E. Delano

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

Hon. Paul M. Glenn

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

Hon. Robert E. Grossman

U.S. Bankruptcy Court (E.D.N.Y.); Central Islip

Hon. Laurel M. Isicoff

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

Hon. Cynthia C. Jackson

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

Hon. Karen S. Jennemann

U.S. Bankruptcy Court (M.D. Fla.) Orlando

Hon. Catherine P. McEwen

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

Hon. Michael G. Williamson

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

 

4:30-5:30 p.m.

Happy Hour Networking

Sponsored by Bilzin Sumberg Baena Price & Axelrod LLP

5:30 p.m.

Adjourn

 

Judicial Co-Chairs

Hon. Roberta A. Colton

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

Hon. Caryl E. Delano

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

Program Chair

Jeffrey W. Warren

Bush Ross, PA; Tampa

Advisory Board

Vincent F. Alexander

Kozyak Tropin Throckmorton, LLP; Miami

John A. Anthony

Anthony and Partners; Tampa

Keith T. Appleby

Banker Lopez Gassler P.A.; Tampa

Paul J. Battista

Genovese Joblove & Battista, P.A.; Miami

Steven M. Berman

Shumaker, Loop & Kendrick, LLP; Tampa

Michael P. Brundage

Brundage Law, P.A.; Tampa

Stephen D. Busey

Smith Hulsey & Busey; Jacksonville

Betsy C. Cox

Rogers Towers; Jacksonville

Michael R. Dal Lago

Dal Lago Law; Naples

Denise D. Dell-Powell

Burr & Forman LLP; Orlando

James W. Elliott

McIntyre Thanasides; Tampa

William K. Fendrick

Holland & Knight LLP; Tampa

Lara R. Fernandez

Trenam Law; Tampa

Paul A. Giordano

Roetzel & Andress, LPA; Fort Myers

Elizabeth A. Green

BakerHostetler LLP; Orlando

Jordi Guso

Berger Singerman LLP; Miami

Matthew M. Holtsinger

Kass Shuler, P.A.; Tampa

David S. Jennis

Jennis Law Firm; Tampa

Danielle S. Kemp

Greenberg Traurig, LLP; Tampa

Hon. Roy S. Kobert

GrayRobinson, P.A.; Orlando

Franklind Davis Lea

Tactical Financial Consulting, LLC;
Alpharetta, Ga.

Stephen R. Leslie

Stichter, Riedel, Blain & Postler, P.A.; Tampa

Michael C. Markham

Johnson Pope Bokor Ruppel & Burns, LLP;
Clearwater

Courtney A. McCormick

McGuireWoods LLP; Jacksonville

Dean Theresa J. Pulley Radwan

Stetson University College of Law; Gulfport

Edwin G. Rice

Bradley Arant Boult Cummings LLP; Tampa

Luis E. Rivera

Henderson, Franklin, Starnes & Holt, P.A.;
Fort Myers

Lynn Welter Sherman

Adams and Reese LLP; Tampa

R. Scott Shuker

Latham, Shuker, Eden & Beaudine, LLP;
Orlando

Robert A. Soriano

Soriano Law, P.A.; Tampa

Frank P. Terzo

Broad and Cassel LLP; Miami

James A. Timko

Shutts & Bowen LLP; Orlando

Steven R. Wirth

Akerman LLP; Tampa

Mark J. Wolfson

Foley & Lardner LLP; Tampa

 

Conference Rates*

Registration Rates

Early Bird 
(by 12/15/17)

Regular 
(12/16/17-1/5/18)

Late 
(after 1/5/18)


ABI Member $365 $415 $465
Govt./Academic/Nonprofit ABI Member $215 $265 $315
Join ABI and Save** $660 $710 $760

Govt./Academic/Nonprofit New ABI Member**

$310 $360 $410
 

* There will be a $30 fee added to all on-site registrations.

** Includes a one-year ABI membership for first-time members — a $325 value! You must be an ABI member to attend. Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership renewal fee (see below).

Exhibitor Rates

ABI Member Exhibitor Registration***
$1,000
New ABI Member Exhibitor Registration****
$1,325
Additional Booth Representative
$300

***Includes one 6’ table and full registration for one booth representative.

****Includes one 6’ table and full registration for one booth representative AND a one-year ABI membership.

ABI DEFINES A “GUEST” AS A SPOUSE, CHILD OR COMPANION — NOT A PROFESSIONAL COLLEAGUE. A professional colleague is defined as someone who consults with or is employed by an organization whose members are eligible for ABI membership. If a professional colleague is found to be registered as a guest, ABI reserves the right to cancel his or her event registration. Any person not meeting the criteria of “guest” who wishes to participate in any ABI function at the conference is required to register separately at the full conference rate.

Partners

Premium Sponsors

Bradley Arant Boult Cummings LLP

Bush Ross, PA

Genovese Joblove & Battista, P.A.

Michael Moecker & Associates, Inc.

Stichter, Riedel, Blain & Postler, PA

Patron Sponsors

BakerHostetler LLP

Gassman, Crotty & Denicolo PA

Holland & Knight LLP

Shumaker, Loop & Kendrick, LLP

Trenam Law

Supporting Sponsors

Adams and Reese LLP

Henderson, Franklin, Starnes & Holt, P.A.

Kozyak Tropin & Throckmorton, LLP

General Sponsors

Foley & Lardner LLP

Kass Shuler, P.A.

Special Thanks

We extend our special thanks to BakerHostetler LLP for the seminar e-newsletter, Genovese Joblove & Battista, P.A for the printed pocket agendas, Holland & Knight LLP for the Hospitality Room, Michael Moecker & Associates, Inc. for the lanyards, Trenam Law for the cellphone charging station and Wilmington Trust for the tote bags.

Conference Information

Hotel

Enjoy a stay at the Epicurean Hotel in Tampa, a luxurious blend of urban chic and comfort. ABI has arranged a special conference rate of $289 single/double (Standard rooms) per night. Make your reservations by December 20, 2017 , to reserve this special rate. ABI cannot guarantee anyone a room after the December 20 cutoff or after the specially rated ABI block has been filled. You will receive a special room reservation link after you have registered with ABI.

 

Conference Location

The program will take place at the Bryan Glazer Family JCC located just down the street from the Epicurean at 522 N Howard Ave, Tampa, FL 33606. Valet parking is available at the facility and transportation will be provided to and from the hotel each day for attendees.

 

Continuing Education Credit

14 hours of general CLE credit, including 2.75 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 16.5 hours of general CLE credit, including 3 hours of ethics, are pending in 50-minute-hour states. Florida: 1.5 hours of technology credit are available. Credit hours granted are subject to approval from each state. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 14 hours, of which 2.75 hours will apply to ethics. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 16.5 credit hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. 16.5 hours of CPE credit, including 3 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 [email protected]

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by December 28, 2017. No refunds will be granted after December 28, but substitutions will be allowed. After December 28, 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.