Event Information 113414
Thursday, February 5
6:00-8:00 p.m.
Opening Reception
Friday, February 6
7:30-8:00 a.m.
Registration and Continental Breakfast
8:00-8:15 a.m.
Welcome and Opening Remarks
Christopher A. Jarvinen, Conference Chair
Berger Singerman, LLP; Miami
8:15-9:30 a.m.
“Wait — You Can Reorganize Under State Law Now?"
This panel will review and discuss the Puerto Rico Public Corporation Debt Enforcement and Recovery Act, which was signed into law on June 28, 2014. The constitutionality of this Act has already been challenged by at least three separate lawsuits brought by different bondholder groups. A special courtroom has been designated in the San Juan Superior Courthouse, and two judges have been specially designated to deal with any filings brought pursuant to this new Act in the Commonwealth Courts. If Puerto Rico can restructure its debts under this state law, will this be an alternative for other states or jurisdictions? Is an alternative to this Act amending the Bankruptcy Code? Will this Act withstand constitutional challenges?
Hon. Brian K. Tester, Moderator
U.S. Bankruptcy Court (D. P.R.); San Juan
Sonia Colón
Ferraiuoli LLC; Orlando, Fla.
Carmen D. Conde-Torres
C. Conde & Associates; San Juan, P.R.
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Isaac Marcushamer
Berger Singerman LLP; Miami
9:30-9:45 a.m.
Refreshment Break
Sponsored by Solomon Harris
9:45-10:45 a.m.
Chapter 15 Update
This panel will discuss the latest developments and cases under chapter 15 of the U.S. Bankruptcy Code.
Gregory S. Grossman, Moderator
Astigarraga Davis; Miami
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Prof. Andrew (Drew) B. Dawson
University of Miami School of Law; Miami
Mariaelena Gayo-Guitian
Genovese Joblove & Battista, P.A.; Fort Lauderdale, Fla.
David Walker
PricewaterhouseCoopers LLP; Grand Cayman, Cayman Islands
10:45-11:45 a.m.
“A Mari Usque Ad Mare” (From Sea to [Caribbean?] Sea): Restructuring Developments in the Bahamas, Jamaica and Trinidad — What Does Canada Have to Do with It?
The winds of change have blown strongly through the Caribbean recently, with new bankruptcy laws having been passed, or soon to be passed, in many jurisdictions over the last 12-18 months. Two of these new laws were modeled after Canadian law. This panel will examine the provisions of the new laws in broad terms and undertake a brief “compare and contrast” exercise to discuss the new laws in relation to the U.S. Bankruptcy Code and restructuring statutes in other Caribbean jurisdictions that take English law as their model.
Laura Hatfield, Moderator
Solomon Harris; George Town, Grand Cayman, Cayman Islands
Rebecca Hume
Kobre & Kim
Keiran Hutchinson
EY; Bahamas
Hilary Reid
Myers, Fletcher & Gordon; Kingston, Jamaica
Sheryl E. Seigel
McMillan LLP; Toronto
E. Patrick Shea
Gowling Lafleur Henderson LLP; Toronto
11:45 a.m.-12:00 noon
Refreshment Break
Sponsored by KRyS Global
12:00-1:00 p.m.
Fixing Individual Chapter 11 Cases: An Absolute Priority
It has been more than 35 years since the last major overhaul of the laws governing individual chapter 11 cases. A widespread consensus is now emerging among the judiciary, practitioners and academics that the U.S. Bankruptcy Code requires modernization, particularly with respect to the framework governing individual chapter 11 cases. ABI’s Endowment Fund has commissioned an empirical study, the “ABI Individual Chapter 11 Study,” and a preliminary report will be considered in early 2015. This panel will discuss and debate various views as to what revisions should be made to the laws governing individual chapter 11 cases.
Hon. A. Jay Cristol, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
C.R. “Chip” Bowles, Jr.
Bingham Greenebaum Doll LLP; Louisville, Ky.
James T. Markus
Markus Williams Young & Zimmermann LLC; Denver
Zach B. Shelomith
Leiderman Shelomith; Fort Lauderdale, Fla.
Claudia R. Tobler
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Washington, DC
1:00 p.m.
Optional Event: Scuba Dive
Sponsored by BMC Group
Join us for an afternoon of excitement and adventure exploring the famous waters of Grand Cayman! The pristine waters and abundant sea life will delight even the most experienced divers. This will be a two tank dive with snacks included. Certified divers should bring their c-card, BCD and regulator. Wetsuit, mask, fins and snorkels can be provided by the dive shop but you are welcome to bring your own if you prefer. The cost is $150. Please check the appropriate box on the registration form.
Saturday, February 7
8:00-9:15 a.m.
Breakfast with the Judges
Patricia A. Redmond, Moderator
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. A. Jay Cristol
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. Robert A. Mark
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. John K. Olson
U.S. Bankruptcy Court (S.D. Fla.); Fort Lauderdale
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan
9:15-10:45 a.m.
Hot Topics in Bankruptcy Litigation
This panel will discuss a range of litigation issues with a focus on legal, equitable and constitutional defenses raised in avoidance actions.
Hon. Robert A. Mark, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
Prof. Jessica D. Gabel
Georgia State University College of Law; Atlanta
Paul J. McMahon
Paul Joseph McMahon, P.A.; Miami
Roger G. Schwartz
Latham & Watkins LLP; New York
10:45-11:00 a.m.
Refreshment Break
11:00 a.m.-12:00 noon
Beyond the “Four Corners” of the Document: Practical Considerations for Creditors to Obtain Debt Recovery in the Caribbean
Debt recovery in the Caribbean can sometimes require more from creditors than simply having a well-drafted set of documents containing prescribed remedies. The astute creditor should take into consideration several factors when seeking to resolve and satisfy its outstanding claims against an insolvent business entity, including the impact on the debtor’s business, an awareness of local issues, and an appreciation for the importance of relationships in preserving and fostering long-term business relationships. Join us as we explore some of the practical considerations of debt recovery in the Caribbean and strategies for helping your clients.
Bruce Sim, Moderator
GlassRatner Advisory & Capital Group, LLC; Atlanta
Sam Billard
Aird & Berlis LLP; Toronto
Joseph “Jody” P. Davis III
Greenberg Traurig; Boston
George K. Miller
Mayer Brown LLP; New York
Luis Salazar
Salazar Jackson; Miami
12:00-1:00pm
Just When You Thought You Were Out, They Pull You Back In: Clawback Claims — The Story So Far
In 2009, Fairfield Sentry Ltd.’s liquidators commenced litigation in the BVI and the U.S. to recover more than $6 billion from redeeming investors. This panel discussion will discuss the basis for clawback claims generally, the recent decision by the Privy Council, and the impact of the decision for trustees, liquidators and redeeming investors going forward.
Charlotte Caulfield, Moderator
KRyS Global; Tortola, British Virgin Islands
Malcolm Arthurs
Martin Kenney & Co.; Tortola, British Virgin Islands
Marc Kish
Harneys; Grand Cayman, Cayman Islands
Guy Manning
Campbells; Grand Cayman, Cayman Islands
Andrew Westwood
Maitland Chambers; London
1:00pm
Adjourn
Caribbean Insolvency Symposium Advisory Board
Conference Chairs
Christopher A. Jarvinen, Conference Chair
Berger Singerman LLP; Miami
Patricia A. Redmond, Conference Co-Chair
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami
Hon. Robert A. Mark, Judicial Chair (Miami)
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Brian K. Tester, Judicial Chair (Caribbean)
U.S. Bankruptcy Court (D. P.R.); San Juan
Advisory Board
Joaquin J. Alemany
Holland & Knight LLP; Miami
Leyza F. Blanco
GrayRobinson, PA; Miami
Sonia Colon, Esq.
Ferraiuoli LLC; Orlando, Fla.
Carmen D. Conde Torres
C. Conde & Associates; San Juan
Prof. Andrew B. Dawson
University of Miami School of Law; Miami
Mariaelena Gayo-Guitian
Genovese Joblove & Battista, PA; Fort Lauderdale, Fla.
Ronald L. Glass
GlassRatner Advisory & Capital Group LLC; Atlanta
Gregory S. Grossman
Astigarraga Davis Mullins & Grossman, PA; Miami
Amy Denton Harris
Stichter, Riedel, Blain & Prosser, PA; Tampa, Fla.
Laura Hatfield
Solomon Harris; George Town, Grand Cayman, Cayman Islands
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Soneet R. Kapila
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Robert J. Keach
Bernstein Shur; Portland, ME
Kenneth M. Krys
KRyS Global; Grand Cayman, Cayman Islands
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Jerry M. Markowitz
Markowitz, Ringel, Trusty + Hartog, P.A.; Miami
Francis C. Morrissey
Morrissey, Wilson & Zafiropoulos, LLP; Boston
Luis Salazar
Salazar Jackson, LLP; Miami
Charles W. Throckmorton
Kozyak Tropin & Throckmorton, PA; Miami
Mark J. Wolfson
Foley & Lardner LLP; Tampa, Fla.
Conference Information
Hotel
Fronting Grand Cayman’s famous Seven Mile Beach, the recently renovated Westin Grand Cayman is in the heart of Grand Cayman with easy access to the area’s best attractions, including scuba diving, shopping and golf. ABI has arranged for a special conference rate of $389 single/double. To secure this special rate, reservations must be made by January 2, 2015. The ABI special rate is very limited and is available on a first-come, first-served basis. ABI cannot guarantee availability at the resort. You can make your reservation directly with the hotel by contacting its reservations department at (345) 945-3800 and identifying yourself with the Caribbean Insolvency Symposium/ABI room block.
Travel
The Westin Grand Cayman is conveniently located only 10 minutes from Grand Cayman’s International Airport, a short flight from Miami International Airport. U.S. travelers will be required to have a current passport to travel to the island.
Cancellation Policies
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by January 15, 2015. No refunds will be made if notice is received after January 15, although substitutions will be allowed. After January 15, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
7.5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 9 hours of general CLE credit 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 in the amount of7.5 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 9 credit hours toward professional practice. 9 hours of CPE credit 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 [email protected].
2015 Caribbean Insolvency Symposium Sponsors
Hurricane Sponsors
Berger Singerman LLP
BMC Group
Genovese Joblove & Battista, PA
GrayRobinson, PA
KRyS Global
Solomon Harris
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.
Trade Wind Sponsors
GlassRatner Advisory & Capital Group, LLC
Greenberg Traurig, LLP
Kobre & Kim LLP
Moore & Van Allen, PLLC
Stichter, Riedel, Blain & Prosser, PA
Bahama Breeze Sponsors
Astigarraga Davis
Bingham Greenebaum Doll LLP
Ferraiuoli LLC
Foley & Lardner LLP
FTI Consulting, Inc.
Holland & Knight LLP
KapilaMukamal, LLP
Kozyak Tropin & Throckmorton, P.A.
Latham & Watkins, LLP
Markowitz Ringel Trusty & Hartog, P.A.
Rawlinson & Hunter
Thompson & Knight LLP
Registration Rates
Registration Rates
Early Bird
(postmarked by 11/14/14)Regular
(11/15/14-1/9/15)Late
(after 01/9/15)ABI Member $395 $445 $495 New Member* $670 $720 $770 Govt./Aca. Member
$245 $295 $345 Govt./Aca. New Member*
$340 $390 $440 * Includes a one-year membership for first-time members only — a $295 value! You must be an ABI member to attend. Membership is individual and nonrefundable. If your membership has expired, choose the member rate and add in your renewal fee.
Event Information 126122
Wednesday, February 25
12:15 p.m.
Registration Opens
Track A: Valuation Fundamentals Workshop
Sponsored by Berkeley Research Group, LLC, and Dorsey & Whitney LLP
Presiding Officer:
Prof. Jim Nolen
The University of Texas at Austin, McCombs School of Business; Austin, Texas
12:50 p.m.
Welcoming Remarks
1:00 - 2:15 p.m. (1.25 hrs.)
Accounting and Finance Basics: Key Characteristics in Analyzing Distressed Entities
Distressed companies usually show declining financial performance prior to failure. This session will focus on key financial ratios such as liquidity, leverage and coverage, as well as a firm’s sources and uses of funds, cash-conversion cycle and free cash flow, both before and after restructuring.
Prof. Jim Nolen
The University of Texas at Austin, McCombs School of Business; Austin, Texas
2:15 - 2:30 p.m.
Refreshment Break
2:30-3:45 p.m. (1.25 hrs.)
Fundamentals of Valuation and Methodologies
A review and analysis of the cost, market and income (cash flow) approaches in business valuation, including key assumptions in each of these valuation methodologies and a discussion of how academics and practitioners vary in their approaches.
Prof. Jim Nolen
The University of Texas at Austin, McCombs School of Business; Austin, Texas
3:45 - 4:00 p.m.
Refreshment Break
4:00 - 5:15 p.m. (1.25 hrs.)
Case Study: An Interactive Negotiation of a Distressed Company Restructuring
Using a case study approach, this panel will examine the restructuring alternatives of a typical mid-cap company, with mock negotiations between and among a distressed company, its senior secured bank lenders, its mezzanine lenders and the equity. The presentation will focus on valuation, along with the benefits and burdens of (1) bankruptcy, (2) exercising the rights and remedies of a secure lender, (3) a consensual out-of-court restructuring and (4) the techniques and strategies for each constituency to achieve its goals.
Michael Friedman, Moderator
Chapman and Cutler LLP; New York
Larry G. Halperin
Chapman and Cutler LLP; New York
Prof. David C. Smith
University of Virginia, McIntire School of Commerce; Charlottesville, Va.
Franklin H. Top, III
Chapman and Cutler LLP; Chicago
5:15 - 6:30 p.m.
Opening Networking Reception
Join us for drinks and hors d'oeuvres with faculty and participants.
Sponsored by Chapman and Cutler LLP and PwC
Track B: Technical Valuation Issues
Sponsored by Berkeley Research Group, LLC, and Dorsey & Whitney LLP
Presiding Officer:
Grant Newton
Pepperdine University and AIRA; Medford, Ore.
12:50 p.m.
Welcoming Remarks
1:00 - 2:15 p.m. (1.25 hrs.)
Valuation Adjustment
Valuation is a critical, and often hotly disputed, issue in most bankruptcy cases. Enterprise valuations drive creditor recoveries, and solvency valuations are often outcome-determinative for the success (or failure) of fraudulent transfer and other bankruptcy-related litigation. As a result, valuation disputes often become mini-battles of the experts, the reasonableness of their assumptions and their relative credibility. Disputes usually center around those items where the expert has made subjective adjustments based on professional judgment, and even small adjustments can lead to substantial differences in value. This panel explores those issues that are most often “adjusted” based on professional judgment, including normalizing EBITDA, methodology weighting, treatment of excess cash, control premiums, minority discounts, liquidity discounts, and contingent assets and liabilities.
David M. Hillman, Moderator
Schulte Roth & Zabel LLP; New York
Bruce B. Bingham
Capstone Advisory Group, LLC; New York
Bryan Benoit
Grant Thornton LLP; Houston
Perry M. Mandarino
PwC; New York
Dr. Faten Sabry
NERA Economic Consulting; New York
2:15 - 2:30 p.m.
Refreshment Break
2:30 - 3:45 p.m. (1.25 hrs.)
Assessment and Quantification of Long-Term, Unliquidated Debt
Issues surrounding the assessment and quantification of long-term, unliquidated obligations; such as pensions, environmental remediation, and perpetual care of cemeteries, are complex and divisive. This panel will explore the issues, as well as methods and techniques, to be considered when assessing and quantifying such debt in the context of financial distress and bankruptcy.
Paul N. Shields, Moderator
Berkeley Research Group, LLC; Salt Lake City, Utah
Stephen Gerlach
Deloitte Financial Advisor Services LLP; New York
David W. King
Mesirow Financial Consulting, LLC; Chicago
Israel Shaked
The Michel-Shaked Group, Boston University School of Management; Boston
Steven Wilamowsky
Bingham McCutchen LLP; New York
3:45 - 4:00 p.m.
Refreshment Break
4:00 - 5:15 p.m. (1.25 hrs.)
Liquidating Trusts
This panel will focus on developments related to the use of liquidating trusts from both the legal and financial reporting perspectives. Expected topics will include the use of liquidating trusts in the prosecution of actions on behalf of, and for the benefit, of creditors (and the financial concerns, timing, and fiduciary concerns that accompany the prosecution of the same), and the application of recent accounting pronouncements related to liquidation accounting and the accompanying valuation considerations.
James M. Lukenda, Moderator
Huron Business Advisory; New York
R. Brian Calvert
Development Specialists, Inc.; Los Angeles
Monica Clark
Dorsey & Whitney LLP; Minneapolis, Minn.
Alfred T. Giuliano
Giuliano, Miller & Company, LLC; West Berlin, NJ
Andrew N. Goldman
WilmerHale; New York
5:15 - 6:30 p.m.
Opening Networking Reception
Join us for drinks and hors d'oeuvres with faculty and participants.
Sponsored by Chapman and Cutler LLP and PwC
Thursday Morning, February 26
Presiding Officer:
Marcia L. Goldstein
Weil, Gotshal & Manges LLP; New York
8:00 - 8:45 a.m.
Registration and Networking Breakfast
Sponsored by Pachulski Stang Ziehl & Jones LLP
8:45 - 9:00 a.m.
Welcoming Remarks
9:00 - 10:15 a.m. (1.25 hrs.)
Valuation, Deal-Making and Strategic Portfolio Management
Both equity investors and lenders often evaluate potential transactions in the context of their overall portfolios as well as the potential value proposition presented by the specific opportunity. Capital providers pay attention to risk allocation across industry sectors and asset classes, among other investment considerations. This panel will discuss the role that asset valuation and enterprise valuation play in deal making and strategic portfolio management.
Jack Butler, Moderator
Hilco Global; Northbrook, Ill.
Suzanne Kelly
Kelly Garfinkle Strategic Restructuring LLC; Scottsdale, Ariz.
John Lyons
Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates; New York
Mark J. Shapiro
New York
Michael N. Thompson
BHR Capital LLC; New York
10:15 - 11:30 am (1.25 hrs.)
The Rising Use of Mediators: Is This the Wave of the Future?
From labor disputes in the American Airlines case to the negotiation of chapter 9 plans for Detroit, Stockton and San Bernardino, bankruptcy judges have looked to their colleagues to serve as mediators. What is the impact of this practice? Does it change the dynamics among the parties? Is there a role for private-sector mediators? Going forward, will bankruptcy cases continue to be fertile ground for alternative dispute resolution?
Marcia L. Goldstein, Moderator
Weil, Gotshal & Manges LLP; New York
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Hon. Elizabeth L. Perris
U.S. Bankruptcy Court (D. Or.); Portland
Joseph Samet
Baker & McKenzie LLP; New York
Hon. Gregg W. Zive
U.S. Bankruptcy Court (D. Nev.); Reno
11:30 - 11:45 am
Coffee Break
Sponsored by Duff & Phelps, LLC
11:45 am - 12:45 pm (1.00 hr.)
Absolute vs. Relative Priority: What Creates Equity Value?
This panel will discuss and debate, from varying perspectives, the rise in formation of official equity committees in chapter 11 cases, how advisors can reach different valuations to support or oppose their formation, the role of the Office of the U.S. Trustee, and the ultimate value added to the estate.
Geoffrey T. Raicht, Moderator
Proskauer; New York
Tracy Hope Davis
Office of the U.S. Trustee, Region 17; San Francisco
Robert J. Dehney
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Adam Dunayer
Houlihan Lokey; Dallas, Texas
Daniel B. Kamensky
Paulson & Co. Inc.; New York
Paul D. Leake
Jones Day; New York
12:45 - 1:15 p.m.
Adjourn to Luncheon and Keynote Presentation
Sponsored by KCC
Thursday Afternoon, February 26
Presiding Officer:
Allen Pfeiffer
Duff & Phelps, LLC; Morristown, NJ
1:15 - 2:00 p.m. (.75 hr.)
Luncheon Keynote Presentation
Sponsored by KCC
“Bankruptcy Valuation Disputes and Senior Creditor Control: Reflections, Greatest Hits, and Academic Evidence”
Prof. Stuart C. Gilson
Steven R. Fenster Professor of Business Administration, Harvard Business School; Boston
2:00 - 2:15 p.m.
Refreshment Break
Sponsored by Development Specialists, Inc.
2:15 - 3:15 p.m. (1.00 hr.)
Bankruptcies in Financial Services and Bank Holding Company Defaults
This panel will examine the “lessons learned” from recent financial services bankruptcies, settlements and restructurings (including some “near misses”), and financial distress in mortgage origination. The panel will also discuss bank holding company defaults, FDIC receivership issues, tax-sharing agreements, sale transaction issues and more.
Leah M. Eisenberg, Moderator
Arent Fox LLP; New York
Sonya Levine
Federal Deposit Insurance Corporation; Washington, D.C.
Brian D. Pfeiffer
Schulte Roth & Zabel LLP; New York
Glenn E. Siegel
Morgan, Lewis & Bockius LLP; New York
Shai Y. Waisman
Prime Clerk; New York
3:15 - 4:15 p.m. (1.00 hr.)
Distress in the Energy Industry
Anytime there are fundamental market changes, there are winners and losers. Find out how the vast supply of U.S. oil and gas discoveries, coupled with stricter environmental regulations, are causing long-term changes. Who are the winners, and who are the losers? Find out how these shifts have impacted coal, renewables, oil and gas, power generation and refineries, and how these changes affect the value of the companies that participate in these industries, as well as the industry as a whole.
Loretta R. Cross, Moderator
Stout Risius Ross, Inc.; Houston
Daniel Beaulne
Duff & Phelps, LLC; Dallas
Lisa J. Donahue
AlixPartners, LLP; New York
Marshall S. Huebner
Davis Polk & Wardwell LLP; New York
William L. Wallander
Vinson & Elkins LLP; Dallas
4:15 - 4:30 p.m.
Refreshment Break
Sponsored by Development Specialists, Inc.
4:30 - 5:30 p.m. (1.00 hr.)
Valuation of Intellectual Property (and Beyond)
Intellectual Property (IP) is often a critically important part of a company’s value paradigm. Why has IP become an even greater focus for many companies today? How is IP valued in businesses, in litigation and in bankruptcy?
Allen Pfeiffer, Moderator
Duff & Phelps, LLC; Morristown, N.J.
Benjamin C. Elacqua
Fish & Richardson P.C.; Houston
Gabe Fried
Hilco Streambank; Needham, Mass.
Michael H. Goldstein
Goodwin Procter LLP; New York
Patricia Baron Tomasco
Jackson Walker L.L.P.; Austin, Texas
5:30 p.m.
Adjourn
5:30 - 7:00 p.m.
Networking Reception
Join us for drinks and hors d'oeuvres with faculty and participants.
Sponsored by NERA Economic Consulting, Vinson & Elkins LLP
Friday Morning, February 27
Presiding Officer:
Kaaran E. Thomas
McDonald Carano Wilson, LLP; Reno, Nev.
8:00 - 8:30 a.m.
Networking Breakfast
Sponsored by Gavin/Solmonese LLC
*Please join the ABI Financial Advisors & Investment Banking Committee for an innovative discussion on Timing and Strategy Related to Contested Valuations. The discussion will begin at 8:00 a.m., breakfast will be available at 7:45 a.m.
8:30 - 9:30 a.m. (1.0 hr.)
Judicial Panel
This panel will consider current issues of interest to judges and insolvency professionals.
Hon. Arthur J. Gonzalez (ret.), Moderator
New York University School of Law; New York
Former Chief Judge, U.S. Bankruptcy Court (S.D.N.Y.)
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Hon. Elizabeth L. Perris
U.S. Bankruptcy Court (D. Or.); Portland
Hon. Gregg W. Zive
U.S. Bankruptcy Court (D. Nev.); Reno
9:30 - 9:45 a.m.
Coffee Break
Sponsored by Schulte Roth & Zabel LLP
9:45 - 10:30 a.m. (.75 hr.)
ABI Commission Update
The Final Report of the Commission to Study the Reform of Chapter 11 proposes the most comprehensive modernization of restructuring law in a generation, including several recommendations affecting valuation methods, use of experts and disclosures by the reorganizing debtor. Hear a panel of commissioners and the Commission's reporter discuss the proposals and their impact on professionals.
Bill Brandt, Moderator
Development Specialists, Inc.; New York
Prof. Michelle M. Harner
University of Maryland Francis King Carey School of Law; Baltimore
Bettina M. Whyte
Alvarez & Marsal; New York
10:30 - 11:30 a.m. (1.00 hr.)
Ethical Turnarounds
This panel will discuss how law firms can use turnaround techniques to maximize the value of their services for themselves and their clients.
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Prof. Nancy B. Rapoport
University of Nevada, Las Vegas William S. Boyd School of Law; Las Vegas
Kaaran E. Thomas
McDonald Carano Wilson LLP; Reno, Nev.
11:30 a.m.
Adjourn
Conference Co-Chairs
Marcia L. Goldstein
Weil, Gotshal & Manges LLP; New York
Allen Pfeiffer
Duff & Phelps, LLC; Morristown, N.J.
Advisory Board
Donald S. Bernstein
Davis Polk & Wardwell LLP; New York
C.J. Brown
The Blackstone Group L.P.; New York
Michael C. Buenzow
FTI Consulting, Inc.; Chicago
Jack Butler
Hilco Global; Northbrook, Ill.
R. Brian Calvert
Development Specialists, Inc.; Chicago
Robert J. Dehney
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Joseph A. DiSalvatore
Grant Thornton LLP; New York
Paul C. duVair
Mesirow Financial Consulting, LLC; Chicago
Leah M. Eisenberg
Arent Fox LLP; New York
Randall S. Eisenberg
AlixPartners, LLP; New York
Judith Elkin
Haynes and Boone, LLP; New York
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Samuel J. Gerdano
American Bankruptcy Institute; Alexandria, Va.
Jay M. Goffman
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Andrew N. Goldman
WilmerHale; New York
Michael H. Goldstein
Goodwin Procter LLP; New York
David M. Hillman
Schulte Roth & Zabel LLP; New York
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Daniel B. Kamensky
New York
Peter S. Kaufman
Gordian Group, LLC; New York
Paul D. Leake
Jones Day; New York
John Little
Deloitte Financial Advisory Services LLP; Dallas
James M. Lukenda
Huron Consulting Group Inc.; New York
Perry M. Mandarino
PwC; New York
Dierdre A. McGuinness
KCC; New York
Grant W. Newton
Pepperdine University and AIRA; Medford, Ore.
Prof. James A. Nolen
University of Texas at Austin, McCombs School of Business; Austin, Texas
Geoffrey T. Raicht
Proskauer; New York
Michael P. Richman
Hunton & Williams LLP; New York
Joseph Samet
Baker & McKenzie LLP; New York
Paul N. Shields
Berkeley Research Group, LLC; Salt Lake City
Margaret (Maggie) Smith
GlassRatner Advisory & Capital Group LLC; Miami
Todd R. Snyder
Rothschild; New York
Louis R. Strubeck, Jr.
Norton Rose Fulbright US LLP; Dallas
Kaaran E. Thomas
McDonald Carano Wilson LLP; Reno, Nev.
Patricia Baron Tomasco
Jackson Walker L.L.P.; Austin, Texas
Shai Y. Waisman
Prime Clerk; New York
William L. Wallander
Vinson & Elkins LLP; Dallas
Steven T. Waterman
Dorsey & Whitney LLP; Salt Lake City
Prof. Jay L. Westbrook
University of Texas at Austin School of Law; Austin, Texas
Bettina M. Whyte
Alvarez & Marsal; New York
Conference Information
Conference 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 and AIRA have arranged a special conference rate of $230 per night from February 25-27, 2015. Reservations must be made directly with the resort prior to January 26, 2015. In order to be eligible for the group rate, reservations may be made only 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 any rooms after the specially rated ABI/AIRA block is filled.
Travel
Air:
Fly into McCarran International Airport (LAS).
Ground:
Avis car rental discounts are available using the Avis Worldwide discount number (J789009). Call (800) 331-1600 or book online at www.avis.com.
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 February 4, 2015. No refunds will be granted after February 4, but substitutions will be allowed. After February 4, upon written request, a coupon for 20% off the registration (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
14.75 hours of general CLE credit, including 1 hour of ethics, are pending in states calculating CLE on a 60-minute hour, and 17.5 hours of general CLE credit including 1 hour 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 in the amount of 14.75 hours, of which 1 hour 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 17.5 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. 17.5 hours of CPE* credit, including 1 hour of ethics, are also available. Turnaround Professionals: Certificates of attendance will be available for CPE credits.
*ABI, AIRA and the University of Texas offer 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 and AIRA are registered with the National Association of State Boards of Accountancy (NASBA) as sponsors 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 complaints and refunds, please contact the American Bankruptcy Institute at (703) 739-0800.
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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. All applications for financial assistance must be submitted by January 8, 2015. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].
Presidential Partners
Major Sponsors
Event Sponsors
Berkeley Research Group, LLC
Chapman and Cutler LLP
Davis Polk & Wardwell LLP
Development Specialists, Inc.
Dorsey & Whitney LLP
Duff & Phelps, LLC
Gavin/Solmonese LLC
KCC
NERA Economic Consulting
Pachulski Stang Ziehl & Jones LLP
PwC
Schulte Roth & Zabel LLP
Skadden, Arps, Slate, Meagher & Flom LLPVinson & Elkins LLP
Special Thanks
We extend our special thanks to Conway MacKenzie/Variant Capital Advisors, LLC for the educational materials on thumb drives, Darden Business Publishing for program materials, East West Bank for the conference internet, Gordian Group, LLC for the program pocket agenda, Grant Thornton for the bottled water, Polsinelli for the conference e-newsletter, Stout Risius Ross, Inc. for the cell phone charging station, West, a Thomson Reuters business for providing the printed educational materials and Wilmington Trust for the tote bags.
VALCON 2015 Registration Rates
Registration Rates Early
(postmarked by 12/19/14) (extended!)Regular
(12/20/14-1/30/15)
Late
(after 1/30/15)
ABI/AIRA Member $695 $745 $795 Gov't./Aca./Nonprofit ABI/AIRA Member $345 $395 $445 New ABI/AIRA Member* $970 $1,020 $1,070 Gov't./Aca./Nonprofit New ABI/AIRA Member*
$440 $490 $540 *Includes one-year ABI and AIRA membership for first-time members only—a $590 value!
You must be an ABI or AIRA member to attend. Membership is individual and nonrefundable.
If your ABI membership has expired, select the member rate below and add in your ABI membership renewal fee.
Event Information 126127
Tuesday, March 24
8:00-9:00 a.m.
Breakfast and Registration
The Advisory Board welcomes you to a complimentary continental breakfast.
9:00-9:15 a.m.
Welcome by Conference Leadership
9:15-10:30 a.m.
State of the State
This session will discuss the current financial climate and when (if ever) we might begin to see an uptick in chapter 11 bankruptcy cases. Will there still be an appetite for chapter 11, even if interest rates are raised?
Cynthia A. Nelson, Moderator
FTI Consulting, Inc.; Los Angeles
Nathan J. Cook
AlixPartners LLP; Los Angeles
Adolfo L. Laurenti
Mesirow Financial Consulting, LLC; Chicago
Lawrence R. Perkins
SierraConstellation Partners LLC; Santa Ana
William T. Rule
Administrative Office of the U.S. Courts; Washington, D.C.
10:30-10:45 a.m.
Coffee Break
Sponsored by Diamond McCarthy LLP and Hackman Capital Partners
10:45 a.m.-12:00 noon
Concurrent Sessions (2)
New End Game: Current Resolutions of Chapter 11 Cases
This panel will explore how chapter 11 cases are currently being resolved, as many have not been going through a restructuring or reorganization. Structured dismissals, chapter 7 conversions, sale processes, liquidating trusts and other resolutions will be discussed.
A. Kyle Everett, Moderator
Development Specialists, Inc., San Francisco
Hon. Julia W. Brand
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Tracy Hope Davis
Office of U.S. Trustee; San Francisco
Gary E. Klausner
Levene, Neale, Bender, Yoo & Brill L.L.P.; Los Angeles
Robert A. Kors
Castellammare Advisors, LLC; Pacific Palisades
The World of SARE Cases
This panel will address recent developments in SARE cases.
Christopher A. Ward, Moderator
Polsinelli PC; Wilmington, Del.
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Talitha Gray Kozlowski
Gordon Silver; Las Vegas
Franklind Davis Lea
Tactical Financial Consulting, LLC; Alpharetta, Ga.
Keith C. Owens
Venable LLP; Los Angeles
12:00-1:15 p.m.
Luncheon
Sponsored by Gavin/Solmonese LLC, Gordon Silver, Loeb & Loeb LLP, Pachulski Stang Ziehl & Jones LLP
ABI Commission Report
Prof. Kenneth N. Klee
University of California at Los Angeles School of Law; Los Angeles
1:30-2:45 p.m.
Concurrent Sessions (2)
Living on the [H]edge: Where Distressed Investors are Taking Modern Bankruptcy Practice
This panel will explore the role of hedge funds in bankruptcy cases, including how they have changed the restructuring landscape.
Peter M. Gilhuly, Moderator
Latham & Watkins LLP; Los Angeles
Gary Hobart
Beach Point Capital Management; Los Angeles
Isaac M. Pachulski
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Teri Stratton
Piper Jaffray Co.; El Segundo
Individual Chapter 11 Cases
This panel will address recent developments in chapter 11 cases for individuals.
Hon. Scott C. Clarkson, Moderator
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
Dawn M. Cica
Fox Rothschild LLP; Las Vegas
Leslie A. Cohen
Leslie Cohen Law PC; Santa Monica
Ori Katz
Sheppard, Mullin, Richter & Hampton LLP; San Francisco
Michael T. O’Halloran
Law Office of Michael T. O’Halloran; San Diego
2:45-3:00 p.m.
Refreshment Break
Sponsored by Berkeley Research Group and Fox Rothschild LLP
3:00-4:15 p.m.
Confirmation Trial Skills
This panel will explore key issues via a live demonstration of a confirmation hearing. Learn what evidence is required to confirm a plan, and how to present and cross-examine experts in connection with feasibility. How would you rule?
Hon. Barry Russell, Moderator
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
T. Scott Avila
Deloitte CRG; Los Angeles
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
William N. Lobel
Lobel, Neue & Till, LLP; Newport Beach
Eric D. Winston
Quinn Emanuel Urquhart & Sullivan, LLP; Los Angeles
4:15-6:00 p.m.
Reception
Sponsored by AlixPartners LLP, GlassRatner, Greenberg Glusker and Shumaker Loop & Kendrick LLP
Bankruptcy Battleground West Advisory Board
Conference Co-Chairs
Shirley Cho
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Eve H. Karasik
Gordon Silver, Los Angeles
Judicial Chair
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Advisory Board
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Richard W. Brunette
Sheppard, Mullin, Richter & Hampton LLP; Los Angeles
Sara L. Chenetz
Perkins Coie LLP; Los Angeles
Dawn M. Cica
Fox Rothschild, Las Vegas
Jeffry A. Davis
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; San Diego
Karol K. Denniston
Squire Patton Boggs; San Francisco
Van C. Durrer, II
Skadden, Arps, Slate, Meagher & Flom LLP; Los Angeles
A. Kyle Everett
Development Specialists, Inc.; Los Angeles
Lisa Hill Fenning
Arnold & Porter LLP; Los Angeles
Scott F. Gautier
Robins, Kaplan, Miller & Ciresi L.L.P.; Los Angeles
Paul R. Glassman
Stradling Yocca Carlson & Rauth, P.C.; Santa Monica
David B. Golubchik
Levene, Neale, Bender, Yoo & Brill L.L.P.; Los Angeles
Richard H. Golubow
Winthrop Couchot PC; Newport Beach
David M. Guess
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Jennifer Hayes
McKenna Long & Aldridge LLP; San Francisco
Robbin L. Itkin
Steptoe & Johnson LLP; Century City
Lance J. Jurich
Loeb & Loeb LLP; Los Angeles
Thomas R. Kreller
Milbank, Tweed, Hadley & McCloy LLP; Los Angeles
Mette H. Kurth
Fox Rothschild, Los Angeles
Winston Mar
SierraConstellation Partners LLC; Los Angeles
Cynthia A. Nelson
FTI Consulting, Inc.; Los Angeles
Brian K. Osborne
Rust Omni; Woodland Hills
Keith C. Owens
Venable LLP; Los Angeles
Kimberly A. Posin
Latham & Watkins LLP; Los Angeles
Victor A. Sahn
SulmeyerKupetz, APC; Los Angeles
Michelle Salazar
Tiger Capital Group, LLC; Westlake Village
Timothy G. Skillman
Gavin/Solmonese LLC; Los Angeles
Allen Soong
Deloitte CRG; Los Angeles
Randye B. Soref
Polsinelli LLP; Los Angeles
Christopher D. Sullivan
Diamond McCarthy LLP; San Francisco
Victor A. Vilaplana
Foley & Lardner LLP; San Diego
Nellwyn Voorhies-Kantak
Donlin, Recano & Company, Inc.; San Diego
Genevieve G. Weiner
Gibson, Dunn & Crutcher LLP; Los Angeles
Richard L. Wynne
Jones Day; Los Angeles
Conference Information
Hotel
The conference will be held at the Hyatt Regency Century Plaza, 2025 Avenue of the Stars, Los Angeles, CA 90067. Reservations may be made by contacting the hotel at (310) 228-1234.
Continuing Education Credit
6 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 7 hours of general CLE credit 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 in the amount of 6 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 6 hours of credit, which can be applied toward professional practice. 7 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees have some 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 complaints and refunds, 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. 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 March 3, 2015. No refunds will be granted after March 3, but substitutions will be allowed. After March 3, 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.
2015 Bankruptcy Battleground West Sponsors
Breakfast Sponsor
2015 Bankruptcy Battleground West Advisory Board
Morning Coffee Break Sponsors
Diamond McCarthy LLP
Hackman Capital Partners
Luncheon Sponsor
Gavin/Solmonese LLC
Gordon Silver
Loeb & Loeb LLP
Pachulski Stang Ziehl & Jones LLP
Afternoon Refreshment Break Sponsor
Berkeley Research Group
Fox Rothschild LLP
Reception Sponsors
AlixPartners LLP
GlassRatner
Greenberg Glusker
Shumaker, Loop & Kendrick LLP
Cell Phone Charging Station Sponsor
Gibson, Dunn & Crutcher LLP
Printed Pocket Agenda Sponsor
Deloitte CRG
Water Bottle Sponsor
FTI Consulting, Inc
General Sponsor
Capstone Advisory Group
Development Specialists, Inc.
East West Bank
Smiley Wang-Ekvall, LLP
Stadling Yocca Carlson & Routh, P.C.
2015 Bankruptcy Battleground West Rates
Registration Rates Early
(postmarked by 1/23/15)Regular
(1/24/15 - 3/6/15)Late
(after 3/6/15)ABI Member $445 $495 $545 Gov’t./Aca./Nonprofit ABI Member
$225 $275 $325 New ABI Member* $720 $770 $820 Gov’t./Aca./Nonprofit New ABI Member*
$320 $370 $420 * Includes a one-year ABI membership for first-time members — a $295 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI member to attend the conference.
* There will be a $50 fee added to all on-site registrations
Event Information 139243
Thursday, April 16
8:00 a.m.
Optional Event
Golf Tournament at Army Navy Country Club (Arlington, Va)
9:00 a.m.-5:00 p.m.
ABC Exams
1:00-8:00 p.m.
Registration Desk Open
3:00-5:00 p.m.
Optional Event
Blowout Bar Salon: Perfect Hair for the Opening Reception
4:00-8:00 p.m.
Exhibit Hall Open
Sponsored by Sherwood Partners, LLC/agencyIP
5:00-6:00 p.m.
Emerging Leaders and Judges’ Roundtable Reception
By Invitation Only
Private roundtable for up-and-coming insolvency professionals and the judges in attendance.
6:00-8:00 p.m.
Opening Reception
Sponsored by: East West Bank, Gavin/Solmonese LLC, Greenberg Traurig, LLP, Loeb & Loeb LLP, and Polsinelli
Bar Service Sponsored by AlixPartners LLP, Lowenstein Sandler LLP, Protiviti, Inc. and SSG Capital Advisors, LLCFriday, April 17
7:00-5:45 p.m.
Registration Desk Open
7:30-8:30 a.m.
Breakfast with the Judges
presented by the ABI Financial Advisors and Investment Banking Committee
8:00-8:30 a.m.
Breakfast
Sponsored by: Bernstein Shur and MorrisAnderson
8:30-10:00 a.m.
19th Annual Great Debates
Jeffrey N. Pomerantz, Moderator
ABI Vice President-Education
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Resolved: Curbing pension rights in a chapter 9 case is constitutional.
Pro: Bruce S. Bennett
Jones Day; Los Angeles
Con: Babette A. Ceccotti
Cohen, Weiss & Simon LLP; New York
Resolved: Committee member fees are not payable as part of a Chapter 11 plan.
Pro: Nan Roberts Eitel
Executive Office for U.S. Trustees; Washington, D.C.
Con: Dennis F. Dunne
Milbank, Tweed, Hadley & McCloy LLP; New York
Resolved: A chapter 13 debtor may employ § 363 to effect a free-and-clear short sale of a principal residence notwithstanding § 1322(b)(2) and the secured creditor’s objection.
Pro: Hon. Eugene R. Wedoff
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Con: Hon. Mary Grace Diehl
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
10:00-10:15 a.m.
Break
Sponsored by: Jones Day and Milbank, Tweed, Hadley & McColy LLP
10:15-11:45 a.m.
Concurrent Sessions (3)
How Secured Are Secured Creditors? The Changing Landscape of Chapter 11 Plan Confirmation
This panel will provide a review and analysis of § 1129(a) and (b) confirmation standards focused on recent developments affecting senior and junior secured creditors including the ABI Commission Report. Discussed will be Momentive Performance issues, including cramdown interest rates at below-market rates even when market rates exist, the extent of the subordination of senior subordinated noteholders, the enforceability of make-whole payment provisions in chapter 11 plans, and intercreditor and cramdown issues.
Stephen D. Lerner, Moderator
Squire Patton Boggs; Cincinnati
Colin McNeil Adams
Morgan Stanley & Co., Inc.; New York
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y); New York
Jeff J. Marwil
Proskauer; Chicago
John Tittle, Jr.
Tittle Advisory Group, Inc.; Irving, Tex.
What Do Clients Really Want?
Join a distinguished group of panelists involved in the hiring — and firing — of bankruptcy professionals. Hear how you can serve clients better and make them need to work with you.
James T. Markus, Moderator
Markus Williams Young & Zimmermann, LLC; Denver
Steven Charles Krause
Owl Creek Asset Management, L.P.; New York
Anne M. Peterson
HSBC Bank USA; Buffalo, N.Y.
John Ray
Greylock Partners LLC
Cherie Schaible
AIG Investments; New York
Ronald M. Tucker
Simon Property Group; Indianapolis. Ind.
Preference Action Mock Hearing
The panelists will present a mock hearing during which they will adduce evidence from plaintiff and defense witnesses and make legal arguments on various topical issues that arise in a preference action. Among the matters at issue are both the new value and ordinary course of business defenses, as well as the use of state law preference actions and safe harbors.
Litigants:
Andrew W. Caine
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Jennifer M. McLemore
Christian & Barton, L.L.P.; Richmond, Va.
Judges:
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Bruce A. Harwood
U.S. Bankruptcy Court, (D. N.H.); Manchester
Hon. August B. Landis
U.S. Bankruptcy Court (D. Nev.); Las Vegas
12:00-2:00 p.m.
Luncheon and Keynote
Sponsored by NERA Economic Consulting
Featuring Best-Selling Author Jake Halpern
Author of Bad Paper: Chasing Debt from Wall Street to the Underworld
2:15-3:45 p.m.
Concurrent Sessions (4)
Report from the ABI Commission to Study the Reform of Chapter 11
The Final Report of the Commission to Study the Reform of Chapter 11 is the culmination of nearly three years of testimony, advisory reports and deliberations. This panel will present key findings as submitted to Congress, with several members of the Commission and the official reporter.
Prof. Michelle M. Harner, Moderator
University of Maryland School of Law; Baltimore
Robert J. Keach
Bernstein Shur; Portland, Maine
Prof. Kenneth N. Klee
University of California at Los Angeles, School of Law; Los Angeles
James P. Seery, Jr.
River Birch Capital, LLC; New York
Albert J. Togut
Togut, Segal & Segal LLP; New York
Clifford J. White, III
U.S. Department of Justice; Washington, D.C.
Getting to Confirmation: How to Draft a Chapter 11 Plan, Disclosure Statement and Related Documents
This panel is part of our continuing series on drafting skills for bankruptcy and restructuring attorneys. The panel is intended to provide a practical “how to” discussion and analysis of drafting chapter 11 plan documents including the Disclosure Statement, the Chapter 11 Plan, Liquidating Trust Agreements, and related documents. The panel will provide form documents and discuss heavily negotiated or scrutinized provisions.
John R. Ashmead, Moderator
Seward & Kissel LLP; New York
Jessica C.K. Boelter
Sidley Austin LLP; Chicago
Ted A. Dillman
Latham & Watkins LLP; Los Angeles
Ian T. Peck
Haynes and Boone, LLP; Fort Worth, Tex.
Chapter 15 Answers that My Bankruptcy Teacher Never Told Me
Find out not only what the hot new issues are in chapter 15 proceedings, but also the answers to issues that no one talks about. For example, can chapter 15 be used to bring a cause of action? Can a foreign debtor recognized under chapter 15 use § 108 to extend limitations, and can such a debtor seek turnover pursuant to § 542(e)? Come hear our panel discuss these and other important chapter 15 questions.
Ronald J. Silverman, Moderator
Hogan Lovells; New York
Hon. Leif M. Clark (ret.)
San Antonio
Hon. Mr. Justice Geoffrey B. Morawetz
Superior Court of Justice - Toronto Region; Toronto
Randall A. Swick
Reid Collins & Tsai LLP; Austin, Tex.
Claudia R. Tobler
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Washington, D.C
Home Loans Redux
This panel will highlight new problems with loan documentation and transfer, escrow issues in proofs of claim and post-petition, proliferation of automatic stay and discharge violation litigation, and the impact of regulatory developments in the treatment and servicing of mortgage loan claims.
John Rao, Moderator
National Consumer Law Center; Boston
Lawrence R. Ahern, III
Brown & Ahern; Brentwood (Nashville), Tenn.
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y); New York
Peter J. Mulcahy
Ocwen Financial Corporation; Fort Washington, Pa.
3:45-4:15 p.m.
Networking Happy Half-Hour
Sponsored by Development Specialists, Inc., Foley & Lardner LLP and Proskauer
4:15-5:45 p.m.
Committee Educational Sessions (3)
Legislation/Secured Credit
Secured Credit Under the Code and Commission Report
Patricia A. Redmond (Moderator)
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami
Anthony Grossi
Committee on the Judiciary, U.S. House of Representatives; Washington, D.C.
Jonathan N. Helfat
Otterbourg P.C.; New York
Daniel Kamensky
James Millstein
Millstein & Co.; New York & Washington, D.C.
Bankruptcy Litigation/Ethics & Professional Compensation
Trustee Selection in Commercial Bankruptcy Cases: Who Wins the Battle to Control the Estate?
Eve H. Karasik, Moderator
Levene Neale Bender Yoo & Brill; Los Angeles
Ramona D. Elliott
Executive Office for U.S. Trustees; Washington, D.C.
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
James A. Lodoen
Lindquist & Vennum LLP; Minneapolis
Asset Sales/Real Estate
Don’t Restrict My Sale: The Enforceability of Restrictive Covenants and Easements in Assets Sales in Bankruptcy
Gregory G. Hesse
Hunton & Williams LLP; Dallas
Hon. Catherine Peek McEwen
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Alec P. Ostrow
Becker, Glynn, Muffly, Chassin & Hosinski LLP; New York
Michael D. Sirota
Cole Schotz P.C.
5:45 p.m.
Bankruptcy Litigation/Ethics & Professional Compensation Networking Reception
6:00-7:00 p.m.
Optional Event
Women’s Networking Reception
Sponsored by Ernst & Young LLP
6:00-11:00 p.m.
Optional Event
Baseball Night Out: Washington Nationals vs. Philadelphia Phillies
7:00-10:00 p.m.
Optional Event
National Symphony Orchestra at the Kennedy Center
10:00-12:00 pm
Optional Event
Late Night Bowling at Lucky Strike in Chinatown
Saturday, April 18
7:30-8:00 a.m.
Breakfast
Sponsored by: Latham & Watkins LLP
7:45 a.m.
Mimosas and Bloody Marys
Sponsored by ABI’s Bankruptcy Taxation, Business Reorganization and Young & New Members Committees
8:00-9:30 a.m.
Committee Educational Sessions (3)
Bankruptcy Taxation/Business Reorganization/Young & New Members
Tax-Sharing Agreements in Bankruptcy that Have Been the Subject of Recent Appeals Court Decisions
Richard J. Corbi
U.S. Bankruptcy Court, Eastern District of New York
Todd C. Meyers
Kilpatrick Townsend & Stockton LLP; Atlanta
Whitman L. Holt
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Jeffrey Schmitt
Federal Deposit Insurance Corporation; Washington, D.C.
Financial Advisors & Investment Banking/International
Structuring Cross-Border Deals to Protect Creditor Interests
Gilberto Deon Correa, Moderator
Souto, Correa, Cesa, Lummertz & Amaral Advogados; Porto Alegre, Brazil
Van C. Durrer, II
Skadden, Arps, Slate, Meagher & Flom LLP; Los Angeles
Soneet R. Kapila
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Neil Lupton
Walkers; Grand Cayman
Paul Melville
Grant Thornton LLP; Chicago
Health Care/Labor & Employment
Hemorrhaging Hospitals: Labor Issues in the Healthcare Insolvency E.R.
Scott B. Davis
Grant Thornton LLP; Charlotte, N.C.
David M. Fusco
Schwarzwald McNair & Fusco LLP; Cleveland, OH
Sharon L. Levine
Lowenstein Sandler LLP; Roseland, N.J.
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
9:30-11:00 a.m.
Concurrent Sessions (4)
Report of ABI Task Force on Plan Confirmation: Recommendations for Sale Cases
John William Lucas, Moderator
Pachulski Stang Ziehl & Jones LLP; San Francisco
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del); Wilmington
William K. Harrington
Office of the U.S. Trustee; New York
Hon. Barbara J. Houser
U.S. Bankruptcy Court (N.D. Tex); Dallas
Jeffrey W. Kelley
Troutman Sanders LLP; Atlanta
Anatomy of a Chapter 11 Plan Confirmation Hearing
This panel will explore key chapter 11 plan confirmation issues by way of a live demonstration of a confirmation hearing. The demonstration will address the most commonly litigated legal issues, the evidence required to satisfy those requirements, and in particular, how to present and cross-examine experts in connection with feasibility. Audience members will be asked to "rule"
Michael H. Ahrens, Moderator
Sheppard, Mullin, Richter & Hampton LLP; San Francisco
Hon. Kevin R. Huennekens
U.S. Bankruptcy Court, (E.D. Va.); Richmond
Susan Jaffe Roberts
Whiteford Taylor & Preston LLP; Baltimore
Bradley D. Sharp
Development Specialists, Inc.; Los Angeles
Kelly Beaudin Stapleton
Alvarez & Marsal; New York
ABI/TMA Panel: Lawyers and FA's-All for One and One for All
This panel will discuss how lawyers and FAs can work together in creating clear client expectations by defining both the lawyer’s and FA’s work scope. Also discussed will be the fee structure involved in the retention of FAs both as company advisors and expert witnesses. Finally, this panel will explain in detail what can be done to make our mutual clients satisfied with both the lawyers and FAs in the obtained results.
Kathryn A. Coleman, Moderator
Hughes Hubbard & Reed LLP; New York
Ronald F. Greenspan
FTI Consulting, Inc.; Los Angeles
Martha E.M. Kopacz
Phoenix Management Services; Boston
Thomas A. Morrow
AlixPartners LLP; Southfield, Mich.
Class Actions in Bankruptcy Cases
Class action lawsuits in both business and consumer cases are becoming more prevalent. Are you wondering whether your clients’ WARN Act claims would be better pursued against a debtor company in a class action adversary proceeding or in a class proof of claim, or both? If your client has been sued in a debtor’s consumer class action adversary proceeding, do you know the best defenses against class certification? This panel of experts will explore the potential benefits and pitfalls of class actions by creditors against debtor companies and by debtors/trustees against creditors and others by highlighting recent appellate and bankruptcy court decisions.
Rudy J. Cerone, Moderator
McGlinchey Stafford, PLLC; New Orleans
Michael H. Goldstein
Goodwin Procter LLP; New York
Hon. Robert E. Grossman
U.S. Bankruptcy Court (E.D.N.Y.); Central Islip
Johnie J. Patterson, II
Walker & Patterson, PC; Houston
11:00-11:15 a.m.
Break
Sponsored by: PwC and Reid Collins & Tsai LLP
11:15 a.m.-12:30 p.m.
Concurrent Sessions (3)
Panic in Detroit – Chapter 9 Bankruptcy Process from Soup to Nuts
This panel of Chapter 9 specialists will discuss eligibility under Chapter 9, the authority of the bankruptcy court, powers of the municipal debtor, the role of creditors, mediation, the automatic stay, and issues peculiar to certain types of Chapter 9 debtors such as hospitals and cities and other recent developments in chapter 9.
Heather Lennox, Moderator
Jones Day; Cleveland
Ryan Blaine Bennett
Kirkland & Ellis LLP; Chicago
Prof. Melissa B. Jacoby
University of North Carolina; Chapel Hill, N.C.
William W. Kannel
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC; Boston
Van E. Conway
Conway MacKenzie; Birmingham, Mich.
Business Case Law Updates
Recent developments in cases at the bankruptcy and appellate levels.
Howard Seife, Moderator
Chadbourne & Parke LLP; New York
Kristin K. Going
Drinker Biddle & Reath LLP; Washington, D.C.
Lisa Sommers Gretchko
Howard & Howard Attorneys, PLLC; Royal Oak, Mich.
Eric E. Walker
Perkins Coie LLP; Chicago
Consumer Case Law Updates
Analysis of recent cases in Chapter 7 and Chapter 13
Alane A. Becket, Moderator
Becket & Lee, LLP; Malvern, Pa.
Elizabeth Gunn
Sands Anderson PC; Richmond, Va.
Cecilia Lee
Cecilia Lee, Ltd.; Reno, Nev.
Hon. C. Ray Mullins
U.S. Bankruptcy Court, Northern District of Georgia; Atlanta
12:30-2:00 p.m.
Optional Event
Sponsored by McGuireWoods LLP and MWI
Keynote Luncheon: A Conversation with the Hon. Steven W. Rhodes
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Join in a dialogue led by former ABI Presidents:
Richardo I. Kilpatrick
Kilpatrick & Associates, PC; Auburn Hills, Mich.
Melissa Kibler Knoll
Mesirow Financial Consulting, LLC; Chicago
Michael P. Richman
Hunton & Williams LLP; New York
2:15-3:45 p.m.
Concurrent Sessions (3)
Reconsidering Safe Harbors For Repurchase Agreements
Recent decades have seen substantial expansion in exemptions from the Bankruptcy Code’s provisions with respect to repurchase agreements, or “repos.” These agreements, which are equivalent to very-short-term (often one-day) secured loans, are exempt from such core bankruptcy provisions as the automatic stay, the avoidability of fraudulent transfers and the avoidability of preferences. Recent scholarship has questioned whether these exemptions are justified for mortgage-backed securities and other securities that could prove illiquid or unable to realize their long-term value in the event of the kind of panic experienced during the financial crisis of 2007-09. This panel will explore the arguments for and against revising the Bankruptcy Code’s existing treatment of these agreements.
Hon. Christopher S. Sontchi, Moderator
U.S. Bankruptcy Court (D. Del.); Wilmington
Prof. Stephen J. Lubben
Seton Hall University Law School; Newark, N.J.
M. Stephanie Wickouski
Bryan Cave LLP; New York
Maximizing the Benefits of Your iPad or Android to Your Practice
This panel will discuss the use of your iPad and other tablets to maximize the return to your practice. The topics will include a discussion of leading apps that are available for bankruptcy attorneys and other bankruptcy case professionals.
Damian S. Schaible, Moderator
Davis Polk & Wardwell LLP; New York
Karim Guirguis
American Bankruptcy Institute; Alexandria, Va.
Brain L. Shaw
Shaw Fishman Glantz & Towbin LLC; Chicago
Paul Unger
Affinity Consulting Group; Columbus, Ohio
Chapter 13 Cramdowns
Lien-stripping, short sales and other contested confirmation issues will be highlighted.
Nancy J. Whaley, Moderator
Office of Nancy J. Whaley, Standing Chapter 13 Trustee; Atlanta
Hon. Wendelin I. Lipp
U.S. Bankruptcy Court (D. Md.); Greenbelt
Kimberly A. Pierro
SunTrust Banks, Inc.; Richmond, Va.
Tara Twomey
National Consumer Law Center; Carmel, Calif.
3:45-4:15 p.m.
Wine & Cheese Reception
Sponsored by Kilpatrick Townsend & Stockton LLP
4:15-5:45 p.m.
Committee Educational Sessions (3)
Commercial Fraud/Unsecured Trade Creditors
Advanced Defenses to Avoidance Actions: Understanding Them Can Make All The Difference
Hon. Marci B. McIvor (Moderator)
U.S. Bankruptcy Court, Eastern District of Michigan; Detroit
Philip D. Anker
WilmerHale; New York
Edward Weisfelner
Brown Rudnick LLP; New York
Peter S. Willett
Bingham McCutchen LLP; Boston
Consumer Bankruptcy/Mediation
Consumer Mortgage Modification Mediation: A Florida Success Story
Robert B. Branson
BransonLaw, PLLC; Orlando, Fla.
Laurie K. Weatherford
Chapter 13 Trustee; Winter Park, Fla.
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Melissa A. Youngman
McCalla Raymer, LLC; Orlando, Fla.
Technology
Using Technology Effectively: Strategies for Courtroom Success
Roy M. Terry (Moderator)
Sands Anderson PC; Richmond, VA
Paige L. Ellerman
Frost Brown Todd LLC; Cincinnati
Narendra Ganti
Ganti Advisors LLC; Bethesda, MD
Hon. Mary F. Walrath
U.S. Bankruptcy Court, (Del.); Wilmington
7:00-10:00 p.m.
Saturday Night Gala Dinner
Performance by Lou Gramm, Formerly of Foreigner
Dinner and Entertainment Sponsored by Armstrong Teasdale LLP, BakerHostetler, Barnes & Thornburg LLP, Bryan Cave LLP, Chadbourne & Parke LLP, EisnerAmper LLP, Gavin/Solmonese LLC, Gray Reed & McGraw, PC, Logan & Company, Inc., McCalla Raymer, LLC, Miles & Stockbridge PC, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Pachulski Stang Ziehl & Jones LLP, Shaw Fishman Glantz & Towbin LLC, Squire Patton Boggs (US) LLP , Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA and Womble Carlyle Sandridge & Rice, LLP
10:00-11:00 p.m.
Endowment Reception
By Invitation Only
Sponsored by: Becket & Lee LLP, Perkins Coie LLP and Rust Omni
Sunday, April 19
8:30-9:00 a.m.
Breakfast
Sponsored by: Brown Rudnick LLP
9:00-10:00 a.m.
Plenary Session:
Flapjacks and Sage Advice: Judges’ Panel on Everything!
Your favorite judges will answer the most difficult questions fielded from ABI members in the weeks before this event and from members of the audience. Hear the judges provide their input on best practices, interesting arguments and the current state of the law.
James Patrick Shea, Moderator
Armstrong Teasdale LLP; Las Vegas
Hon. Robert E. Gerber
U.S. Bankruptcy Court, (S.D.N.Y.); New York
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Stacey G. C. Jernigan
U.S. Bankruptcy Court (N.D. Tex.); Dallas
Hon. Pamela Pepper
U.S. District Court (E.D. Wisc.); Milwaukee
10:00-10:15 a.m.
Break
Sponsored by: Stinson Leonard Street LLP
10:15-11:45 a.m.
Ethics: Chapter 11 Commission Recommendations on Professional Fees and Expenses
Any reform of current chapter 11 practice must account for the prevailing criticism that fees and costs are too high, and do it in a way that focuses on aligning incentives with case efficiency. This panel of Commissioners will discuss recommended reforms that provide for more effective oversight, as well as alternative fee structures consistent with professionals’ ethical obligations under the Code of Professional Responsibility.
Deborah D. Williamson, Moderator
Cox Smith Matthews Incorporated; San Antonio
William A. Brandt, Jr.
Development Specialists, Inc.; New York
Jack Butler
Hilco Global; Northbrook, Il.
Clifford J. White, III
U.S. Department of Justice; Washington, D.C.
11:45 a.m.
Adjourn
Optional Events
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its Business Bankruptcy, Consumer Bankruptcy and Creditors’ Rights Exams at the Renaissance Washington, DC Downtown on Thursday, April 16, from 9:00 a.m.- 5:00 p.m. Details on the certification process, exam composition and sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing [email protected] or by visiting the ABC Website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
Golf Tournament
Thursday, April 16, 8:00 a.m.
Join your colleagues for the 6th Annual Golf Tournament at the Annual Spring Meeting. The $150-per-player fee includes round-trip transportation, breakfast, cart rental, prizes and tournament fee. Please check the appropriate box on the registration form, and indicate your handicap.
Blowout Bar Salon – Perfect Hair for the Opening Reception
Thursday, April 16, 3:00-5:00 p.m.
No cuts. No color. Just blowouts! Sip champagne, get pampered and get ready for the Opening Reception with your colleagues at this private event. Cost is $75 per person. Please mark the appropriate box on the registration form.
Women's Networking Reception
Friday, April 17, 6:00-7:00 p.m.
Join your fellow ABI members for a reception and conversation about common issues facing today’s women in the restructuring industry. Tickets are $50 per person. Please check the appropriate box on the registration form.
Baseball Night Out: Washington Nationals vs. Philadelphia Phillies
Friday, April 17, 6:00-11:00 p.m.
Take me out to the ballgame! Enjoy the rivalry between DC and Philly at Nationals Park in a private suite - a great spot for networking with colleagues while enjoying America’s favorite pastime. The $100 fee includes a ticket to the game and food and beverages. Please check the appropriate box on the registration form.
National Symphony Orchestra: Vassily Sinaisky, Conductor: Rachmaninoff's “The Bells”/Loren Kitt, Principal Clarinet, Plays Mozart's Clarinet Concerto
Friday, April 17, 7:00-10:00 p.m.
Conductor Vassily Sinaisky and three Russian singers make their NSO debut with Rachmaninoff's “The Bells” in a program including Mozart’s Clarinet Concerto, featuring NSO Principal Clarinet Loren Kitt, and Borodin’s “Prince Igor Overture.” Tickets are $75 per person and do not include transportation. Please check the appropriate box on the registration form.
Late-Night Bowling at Lucky Strike in Chinatown
Friday, April 17, 10:00 p.m.-12:00 midnight
Grab dinner early and head over for late-night bowling at Lucky Strike, DC’s upscale bowling venue! Drinks and lanes are provided for unforgettable fun with old and new friends! Cost is $50 per person; please check the appropriate box on the registration form. Event hosted by the Young and New Members Committee - thank you to our Late-Night Bowling sponsors, Bayard and Turnaround Underground!
Keynote Luncheon: A Conversation with Hon. Steven W. Rhodes
Saturday, April 18, 12:30-2:00 p.m.
A panel of past ABI presidents will interview Judge Steven Rhodes in a discussion of current topics, including the Detroit bankruptcy case as well as emerging challenges for insolvency professionals. Tickets to the luncheon are $75 per person; please check the appropriate box on the registration form.
Final Night Gala Dinner with Lou Gramm, Formerly of Foreigner
Saturday, April 17, 7:00-10:00 p.m.
Join your colleagues for dinner and classic rock with Lou Gramm, former lead singer of the popular band Foreigner. Cost is $105 per attendee, $125 for guests; please check the appropriate box on the registration form.
Conference Information
Hotel Accommodations
Discover the culture of Washington, D.C., while experiencing true sophistication at the Renaissance Washington, DC Downtown hotel. Award-winning restaurants, boutique shopping, CityCenterDC, Verizon Center, Spy Museum, Chinatown, National Portrait Gallery and the world-famous National Mall are all steps from the hotel, but will feel worlds away. The newly renovated hotel offers five dining options, including a Starbucks Café, a vibrant lounge, an on-site day spa and the hotel’s Vida fitness center.
ABI has arranged for a special conference rate of $334 per night. Reservations must be made by March 25, 2015, to secure the special conference rate. Reservations may be made only 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.
The hotel is located at 999 9th Street NW, Washington, DC 20001.
Conference Attire
Professional business attire is requested throughout conference.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by March 26, 2015. No refunds will be made if notice is received after March 26, although substitutions will be allowed. After March 26, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
18.5 hours of general CLE credit, including 3 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 22 hours of general 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 in the amount of 18.5 hours, of which 3 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 22 credit hours, of which 3.5 hours of credit can be applied toward the ethics professionalism requirement. 22 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. For information on tuition assistance, send an e-mail to [email protected].
2015 Annual Spring Sponsors
AlixPartners LLP
Becket & Lee LLP
Bernstein Shur
Bloomberg BNA
BMC Group
Brown Rudnick LLP
Conway MacKenzie
Deloitte CRG
Development Specialists, Inc.
Donlin Recano & Company, Inc.
East West Bank
Ernst & Young LLP
Foley & Lardner LLP
Freeborn & Peters LLP
FTI Consulting, Inc.
Gavin/Solmonese LLC
Getzler Henrich & Associates LLC
GlassRatner Advisory & Capital Group LLC
Gordon Silver
Grant Thornton LLP
Greenberg Traurig, LLP
Jefferies LLC
Jones Day
KCC
Kilpatrick Townsend & Stockton LLP
Latham & Watkins LLPLoeb & Loeb LLP
Lowenstein Sandler LLP
McGuireWoods LLP
Mesirow Financial Consulting, LLC
Milbank, Tweed, Hadley & McCloy LLP
MorrisAnderson
MWI
NERA Economic Consulting
Perkins Coie LLP
Polsinelli
Proskauer
Protiviti, Inc.
PwC
Reid Collins & Tsai LLP
Rust Omni
Sherwood Partners LLC / agencyIP
SSG Capital Advisors, LLC
Stinson Leonard Street LLP
Summit Investment Management LLC
Thomson Reuters
Tittle Advisory Group, Inc.
Togut, Segal & Segal LLP
The Wall Street Journal
Wilmington Trust
WithumSmith+BrownFinal Night Gala Dinner & Entertainment Sponsors
Armstrong Teasdale LLP
BakerHostetler
Barnes & Thornburg LLP
Bryan Cave LLP
Chadbourne & Parke LLP
EisnerAmper LLP
Gavin/Solmonese LLC
Gray Reed & McGraw, PC
Logan & Company, Inc.
McCalla Raymer, LLC
Miles & Stockbridge PC
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Pachulski Stang Ziehl & Jones LLP
Shaw Fishman Glantz & Towbin LLC
Squire Patton Boggs (US) LLP
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA
Womble Carlyle Sandridge & Rice, LLPPre-Dinner VIP Reception Sponsors to Honor ABI's New Incoming President, James Patrick Shea
Mr. and Mrs. Van C. Durrer, II
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.
Engelman Berger, PC
Gray Reed & McGraw, PC
Greenberg Traurig, LLP
Holland & Hart LLP
Howard & Howard Attorneys
Law Office of Brian D. Shapiro
Markus Williams Young & Zimmermann, LLC
McGlinchey Stafford, PLLC
Morris, Nichols, Arsht & Tunnell LLP
Nussbaum Gillis & Dinner, P.C.
Pachulski Stang Ziehl & Jones LLP
Polsinelli
Robins Kaplan LLP
Rust Omni
Shaw Fishman Glantz & Towbin LLC
Shumaker, Loop & Kendrick, LLP
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA
Mark G. Stingley
Deborah D. WilliamsonSponsorship Opportunities
To get the information about Sponsorship Opportunities please click here (PDF file) or email Sharisa Sloan.
Special Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, BMC Group for the debate polling, speaker lounge and the business session sponsorship, Conway MacKenzie for the conference thumb drives, Deloitte CRG for the program pocket agenda, Donlin, Recano & Company, Inc. for the conference app, Freeborn & Peters LLP for the concierge table, Gorden Silver for the conference e-newsletter, Grant Thornton LLP for the bottled water and landing pad, FTI Consulting, Inc. and Getzler Henrich & Associates LLC for the column wraps, GlassRatner Advisory & Capital Group LLC for the conference lanyards, KCC for the conference wi-fi service, Mesirow Financial Consulting, LLC for the hotel key cards, WithumSmith+Brown for the Twitter Feed, Sherwood Partners, LLC/agencyIP for sponsoring the exhibit hall, Summit Investment Management LLC and Title Advisory Group, Inc. for the cellphone charging stations, The Wall Street Journal for the media partnership, Thomson Reuters for providing the printed educational materials, Togut, Segal & Segal LLP for the Reportage Illustrator, Ted Michalowski and Wilmington Trust for the conference tote bags.
2015 Annual Spring Exhibitors
ABI Bookstore
ABI Membership
American Board of Certification (ABC)
Auction Advisors
Bankruptcy Management Solutions, Inc. (BMS)
BKAssets.com, LLC
Bloomberg BNA
BMC Group
CourtCall LLC
Credit Abuse Resistance Education (CARE)
Debtwire
Epiq Systems, Inc.
Financial Software Solutions
Heritage Equity Partners
iQor
Keen-Summit Capital Partners LLC
Liquid Asset Partners LLC
Melville Capital, LLC
ModioLegal
National Association of Bankruptcy Trustees (NABT) /
National Association of Chapter 13 Trustees (NACTT)
Ritchie Bros. Auctioneers
Sherwood Partners, LLC / agencyIP
SM Financial Services Corporation
The Wall Street Journal
Turnaround Management Association (TMA)Exhibitor Opportunities
To get the information about Exhibitor Opportunities please click here (PDF file).
Rates
Early Bird
(by 2/6/15)Regular
(01/31/15-03/27/15)Late
(after 03/27)ABI Member$975$995$1,095New ABI Member*$1,250$1,270$1,370Gov’t./Aca. ABI Member$345$395$445Gov’t./Aca. New ABI Member*$440$490$540* Includes a one-year ABI membership for first-time members only — a $295 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.
Exhibitor Rates
ABI Member Exhibit$2,950New ABI Member Exhibit***$3,245Additional Booth Rep.$500** Includes Opening Reception and Friday Luncheon.
*** Includes Opening Reception, Friday Luncheon and a one-year ABI membership.
**** Includes Opening Reception and Friday Luncheon. You may add up to two additional booth reps.
Optional Event
Golf Tournament:
Handicap
$150Blowout Bar Salon:$75Opening Reception
Attendee:
Guest:
FREE
$75
Friday Luncheon (Attendee):FreeWomen’s Networking Reception$50Baseball Night Out:$100NSO at the Kennedy Center:$75Late-Night Bowling at Lucky Strike:$50Saturday Keynote Luncheon:
Attendee:
Guest:
$75
$75
Final Night Dinner:
Attendee:
Guest:
$105
$125
Event Information 152699
Thursday, January 22
8:30-9:00 a.m.
Breakfast
9:00-11:45 a.m.
IWIRC Workshop
IWIRC Program - (additional $95 to attend)
Caroline Turner, author of Difference Works, will lead an interactive workshop in which participants will explore differences along the masculine-feminine continuum. She will focus on two dimensions of the continuum (e.g., how we influence and use humor) to show how being able to shift along the continuum makes us more personally effective in a workplace setting.
11:00 a.m.
Rocky Mountain Bankruptcy Conference Registration Desk and Exhibit Hall Open
Noon-12:45 p.m.
Lunch
Sponsored by Dorsey & Whitney LLP and IWIRC Mountain Desert Network
12:45-1:45 p.m.
Luncheon Keynote: “Increasing Employee Engagement and Retention: Mastering a Continuum of Communication Styles”
Featuring Caroline Turner
Former Senior Vice President and General Counsel, Coors Brewing Company Author, Difference Works
Caroline Turner will address the leadership challenges of engaging and retaining today’s diverse workforce, and how speaking and understanding different communication styles can make one a more effective leader and increase employee engagement – which drives the bottom line.
1:45-3:15 p.m.
Concurrent Sessions (3)
Constitutional/Jurisdictional/Standing Issues
This panel will discuss “Stern problems” regarding bankruptcy court jurisdiction and the standing of various parties in light of the Supreme Court’s ruling in Executive Benefits Insurance Agency v. Arkison in order to identify simple solutions to these complex constitutional problems. The faculty will explain the key Supreme Court cases on constitutional jurisdiction and apply these cases to fact patterns involving preference claims, a Ponzi scheme case, a typical fraudulent conveyance claim, and a typical state law contract claim. The panel will also present the leading cases on standing and attempt to integrate a discussion of standing into the fact patterns.
Duane H. Gillman, Moderator
Durham Jones & Pinegar; Salt Lake City
G. Eric Brunstad, Jr.
Dechert LLP; Hartford, Conn.
Prof. Brook Gotberg
Brigham Young University School of Law; Provo, Utah
William C. Heuer
Duane Morris LLP; New York
Hon. Robert H. Jacobvitz
U.S. Bankruptcy Court (D. N.M.); Albuquerque
Circuit Splits and Ethical Implications
This is a chance for you to be a Supreme Court Justice. This panel will present the arguments on both sides of several important bankruptcy issues on which the circuits are split. Learn about the issues, and decide on which side of the divide you fall.
Annette W. Jarvis, Moderator
Dorsey & Whitney LLP; Salt Lake City
John D. Penn
Perkins Coie LLP; Dallas
Hon. Terrence L. Michael
U.S. Bankruptcy Court (N.D. Ok.); Tulsa
Michael P. Richman
Hunton & Williams LLP; New York
Special Issues in Solvent Debtor Cases
When solvent debtors file for bankruptcy protection, some funny things happen under the Bankruptcy Code. This panel will investigate what can be learned from that and how to handle these curious, but not uncommon, cases.
John Thomas Beckett, Moderator
Parsons Behle & Latimer; Salt Lake City
Michael R. Johnson
Ray Quinney & Nebeker; Salt Lake City
Christian Carl Onsager
Onsager | Guyerson | Fletcher | Johnson; Denver
Hon. Howard R. Tallman
U.S. Bankruptcy Court (D. Colo.); Denver
3:15-3:30 p.m.
Refreshment Break
Sponsored by Kutner Brinen Garber, PC
3:30-5:00 p.m.
Concurrent Sessions (3)
Energy Cases
Donald D. Allen, Moderator
Markus Williams Young & Zimmermann LLC; Denver
Hon. Mary Grace Diehl
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Bonnie Glantz Fatell
Blank Rome LLP; Wilmington, Del.
Eric E. Johnson
Sherman & Howard L.L.C.; Denver
Damian S. Schaible
Davis Polk & Wardwell LLP; New York
Deborah D. Williamson
Cox Smith Matthews Incorporated; San Antonio
Hot Topics and Ethics
This session will discuss recent bankruptcy cases and their anticipated impact on business bankruptcy cases, as well as new trends.
Kimberley H. Tyson, Moderator
Ireland Stapleton Pryor & Pascoe, PC; Denver
Mona L. Burton
Holland & Hart LLP; Salt Lake City
Patricia A. Redmond
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.; Miami
Paul G. Swanson
Steinhilber, Swanson, Mares, Marone & McDermott; Oshkosh, Wisc.
Hon. William T. Thurman
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Real Estate
This panel will present practical pointers for addressing real estate issues in bankruptcy: relief from the automatic stay, unexpired leases, valuation, interest rates, § 1111(b) elections and other useful topics.
Harvey Sender, Moderator
Sender Wasserman Wadsworth, P.C.; Denver
Hon. Elizabeth E. Brown
U.S. Bankruptcy Court (D. Colo.); Denver
Paige L. Ellerman
Frost Brown Todd LLC; Cincinnati
Leigh Flanagan
Kutner Brinen Garber P.C.; Denver
Adelaide Maudsley
Chapman and Cutler LLP; Salt Lake City
5:00-7:00 p.m.
Networking Reception
Sponsored by Parsons Behle & Latimer, Rocky Mountain Advisory, LLC and Snell & Wilmer
Friday, January 23
7:00 a.m.
Registration Desk and Exhibit Hall Open
7:30-8:00 a.m.
Breakfast
Sponsored by Holland & Hart LLP and Otten, Johnson, Robinson, Neff & Ragonetti, PC
8:00-8:55 a.m.
Judges’ Roundtable
Featuring the Judges of the 20th Annual Rocky Mountain Bankruptcy Conference.
9:00-10:30 a.m.
Concurrent Sessions
Consumer Workshop I:
Exemption Issues
Trends in exemption law, including a Colorado legislative update and fallout from Clark v. Rameker and Law v. Siegel.
Hon. William H. Brown (ret.), Moderator
Carbondale, Colo.
Guy B. Humphries
Denver
Andrew D. Johnson
Onsager | Guyerson | Fletcher | Johnson; Denver
John C. Smiley
Lindquist & Vennum LLP; Denver
Using Expert Witnesses in Trying Bankruptcy Cases
A significant number of bankruptcy cases involve the use of expert witnesses. This panel will explore issues that both counsel and experts should anticipate, including how credibility is derived and enhanced, the expert’s research and analysis phase, persuasive direct and cross examination of experts, non-verbal communication and courtroom etiquette.
Gil A. Miller, Moderator
Rocky Mountain Advisory, LLC; Salt Lake City
Robert E. Kleeman, Jr.
OnPointe Valuation, LLC; Greenwood Village, Colo.
Hon. Michael E. Romero
U.S. Bankruptcy Court (D. Colo.); Denver
Peter Schulman
RubinBrown LLP; Denver
D. Ray Strong
S3 Advisory
Hon. Gregg W. Zive
U.S. Bankruptcy Court (D. Nev.); Reno
Repeat Concurrent Session
Energy Cases
10:30-10:45 a.m.
Coffee Break
Sponsored by Ray, Quinney & Nebeker, PC
10:45 a.m.-12:15 p.m.
Concurrent Sessions (3)
Consumer Workshop II:
Divorce and Bankruptcy
This panel will discuss the collision of divorce practice and Bankruptcy Code §§362, 523, 1325, and 1328.
Tara Gaschler Salinas, Moderator
Colorado Bankruptcy Solutions; Denver
Hon. Angela R. Arkin
Douglas County District Court, Castle Rock, CO
David C. Hoskins
Denver
Drew Moore
Drew Moore P.C.; Grand Junction, Colo.
Repeat Concurrent Sessions
Circuit Splits and Ethical Implications
Special Issues in Solvent Debtor Cases
12:15-12:45 p.m.
Lunch
Sponsored by The Faculty of Federal Advocates, Lindquist & Vennum LLP and Stoel Rives LLP
12:45-1:45 p.m.
Distinguished Careers in Bankruptcy Law, a.k.a. “The Crusty/Dusty Panel”
Hon. Elizabeth E. Brown, Moderator
U.S. Bankruptcy Court (D. Colo.); Denver
Risa Lynn Wolf-Smith, Moderator
Holland & Hart LLP; Denver /p>
Hon Sidney B. Brooks
U.S. Bankruptcy Court (D. Colo.); Denver
Hon. A. Bruce Campbell
U.S. Bankruptcy Court (D. Colo.); Denver
Craig A. Christensen
Lindquist & Vennum LLP; Denver
Carl A. Eklund
Denver
Jack L. Smith
Holland & Hart LLP; Denver
1:45-3:15 p.m.
Concurrent Sessions (3)
Consumer Workshop III:
Practical and Ethical Issues in Succession Planning
This panel will discuss retirement, death, changing area of practice, going out of business, fee splitting and unbundling.
Nancy D. Miller, Moderator
Nemirow Perez, P.C., Lakewood, CO
Barbara Cashman
The Law Office of Barbara Cashman, LLC; Centennial, Colo.
Mark Dennis
Dennis & Company P.C.; Greenwood Village, Colo.
Charles E. Mortimer, Jr.
Attorney Regulation Counsel; Denver
Repeat Concurrent Sessions
Constitutional/Jurisdictional/Standing Issues
Hot Topics and Ethics
3:15-3:30 p.m.
Refreshment Break
Sponsored by Onsager | Guyerson | Fletcher | Johnson
3:30-5:00 p.m.
Concurrent Sessions (3)
Consumer Workshop IV:
Home Issues: Mortgages and Rule 3002 Update
This panel will discuss post-petition HOA dues, HELOCs, noticing, and § 522(f) and 506 motions.
Deanna L. Westfall, Moderator
Weinstein, Pinson & Riley, P.S.
Stephen E. Berken, Moderator
Law Offices of Stephen Berken; Denver
Tami Gadd-Willardson
Office of the Chapter 13 Trustee; Salt Lake City
Hon. Sidney B. Brooks
U.S. Bankruptcy Court (D. Colo.); Denver
Keith Gantenbein
The Gantenbein Law Firm; Denver
Mark Middlemas
Lundberg & Associates; Salt Lake City
Repeat Concurrent Sessions
Real Estate
Using Expert Witnesses in Trying Bankruptcy Cases
5:00-7:00 p.m.
Networking Reception
Sponsored by Berkeley Research Group, LLC, Durham Jones & Pinegar and
Markus Williams Young & Zimmermann LLC
2015 Rocky Mountain Bankruptcy Conference Advisory Board
Annette W. Jarvis, Co-Chair
Dorsey & Whitney LLP; Salt Lake City
Risa Lynn Wolf-Smith, Co-Chair
Holland & Hart LLP; Denver
Hon. Elizabeth E. Brown, Judicial Chair
U.S. Bankruptcy Court (D. Colo.); Denver
Advisory Board
Stephen E. Berken — Co-Chair, Consumer Bankruptcy Education
Law Offices of Stephen Berken; Denver
Ellen R. Welner — Co-Chair, Consumer Bankruptcy Education
Douglas B. Kiel, Chapter 13 Trustee; Denver
Michael R. Johnson — Sponsorship Coordinator
Ray Quinney & Nebeker; Salt Lake City
Gil A. Miller — Sponsorship Coordinator
Rocky Mountain Advisory, LLC; Salt Lake City
Christian Carl Onsager — Sponsorship Coordinator
Onsager | Guyerson | Fletcher | Johnson; Denver
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
Elizabeth K. Flaagan
Faegre Baker Daniels LLP; Denver
Duane H. Gillman
Durham Jones & Pinegar; Salt Lake City
Theodore J. Hartl
Lindquist & Vennum LLP; Denver
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
Harvey Sender
Sender Wasserman Wadsworth, P.C.; Denver
D. Ray Strong
Berkeley Research Group, LLC; Salt Lake City
Kimberley H. Tyson
Ireland Stapleton Pryor & Pascoe, PC; Denver
Deanna L. Westfall
Weinstein, Pinson & Riley, P.S.
John F. Young
Markus Williams Young & Zimmermann LLC; 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 $225 per night;reservations must be made by January 2, 2015, 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 22. The workshop will address how gender-based communication differences drive “unconscious mindsets” that create obstacles to success. The cost is an additional $95; 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 2, 2015. No refunds will be granted after January 2, but substitutions will be allowed. After January 2, 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 11 hours of CLE credit, including 3 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 13 hours of CLE credit, including3.5 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 11 hours, of which 3.5 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 13 credit hours, of which 3.5 hours of credit can be applied toward the ethics professionalism requirement. 13 hours of CPE credit, including 3.5 hours of ethics, are also available.
Rocky Mountain Consumer Workshop: Approval for approximately 7 hours of CLE credit, including 3 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 8 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 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 8 credit hours, including 3.5 hours of ethics. 8 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 [email protected]
Presidential Partners
Double Black Diamond
Dorsey & Whitney LLP
Holland & Hart LLP
IWIRC Mountain Desert Network
Kutner Brinen Garber, PC
Lindquist & Vennum LLP
Onsager | Guyerson | Fletcher | Johnson LLC
Otten, Johnson, Robinson, Neff & Ragonetti, PC
Parsons Behle & Latimer
Ray, Quinney & Nebeker, PC
Rocky Mountain Advisory, LLC
Snell & Wilmer, LLP
Stoel Rives LLP
Black Diamond
Berkeley Research Group, LLC
Durham Jones & Pinegar
Markus Williams Young & Zimmermann, LLC
Summit Investment Management LLC
The Faculty of Federal Advocates
Blue
Ballard Spahr LLP
Connolly, Rosania & Lofstedt, PC
Cordes & Company
Fabian & Clendenin, PC
Faegre Baker Daniels
Intrinsic
Ireland, Stapleton, Pryor & Pascoe, P.C.
Jones Waldo Holbrook & McDonough PC
Law Office of Stephen E. Berken
Lewis Roca Rothgerber LLP
Perkins Coie LLP
Prince, Yeates & Geldzahler
RubinBrown LLP
Sender Wasserman Wadsworth, P.C.
Green
Berenbaum Weinshienk PC
Moye White LLP
r2 advisors, llc
Special Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, Conway MacKenzie/Variant Capital Advisors, LLC for the educational materials on thumb drives, Donlin, Recano & Company, Inc. for the conference lanyards, Summit Investment Management LLC for the conference wi-fi, West a Thomson Reuters business for providing the printed educational materials and Wilmington Trust for the tote bags.
2015 Conference Rates
Early Bird
(postmarked by 11/14/14)Regular
(11/15/14-1/2/15)Late
(after 1/2/15)Rocky Mountain Bankruptcy Conference ABI Member $575$625 $675New ABI Member* $850$900 $950Govt./Aca. ABI Member $345$395 $445Govt./Aca. New ABI Member* $440$490 $540Consumer Workshop ONLY Pricing (program only on 1/23/15) ABI Member $295 $345 $395 New Member* $390 $440 $490 Optional Event Pricing IWIRC Program Fee (includes lunch) $95Thursday Networking Reception FreeThursday Networking Reception Guest $40Friday Networking Reception FreeFriday 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.
Event Information 152718
Friday, January 23
9:00-10:30 a.m.
Consumer Workshop I: Exemption Issues
Hon. William H. Brown (ret.), Moderator
Carbondale, Colo.
Guy B. Humphries
Denver
Andrew D. Johnson
Onsager | Guyerson | Fletcher | Johnson; Denver
John C. Smiley
Lindquist & Vennum LLP; Denver
10:30-10:45 a.m.
Coffee Break
10:45 a.m.-12:15 p.m.
Consumer Workshop II: Divorce and Bankruptcy
This panel will discuss §§ 362, 523, 1325 and 1328.
Tara Gaschler Salinas, Moderator
Colorado Bankruptcy Solutions; Denver
Hon. Angela R. Arkin
Douglas County District Court, Castle Rock, CO
David Hoskins
Denver
Drew Moore
Drew Moore P.C.; Grand Junction, Colo.
12:15-12:45 p.m.
Lunch
Sponsored by The Faculty of Federal Advocates and Lindquist & Vennum LLP
12:45-1:45 p.m.
Distinguished Careers in Bankruptcy Law, a.k.a. “The Crusty/Dusty Panel”
Hon. Elizabeth E. Brown, Moderator
U.S. Bankruptcy Court (D. Colo.); Denver
Risa Lynn Wolf-Smith, Moderator
Holland & Hart LLP; Denver
Hon Sidney B. Brooks
U.S. Bankruptcy Court (D. Colo.); Denver
Hon. A. Bruce Campbell
U.S. Bankruptcy Court (D. Colo.); Denver
Craig A. Christensen
Lindquist & Vennum LLP; Denver
Carl A. Eklund
Denver
Jack L. Smith
Holland & Hart LLP; Denver
1:45-3:15 p.m.
Consumer Workshop III: Practical and Ethical Issues in Succession Planning
Nancy D. Miller, Moderator
Nemirow Perez, P.C., Lakewood, CO
Barbara Cashman
The Law Office of Barbara Cashman, LLC; Centennial, Colo.
Mark Dennis
Dennis & Company P.C.; Greenwood Village, Colo.
Charles E. Mortimer, Jr.
Attorney Regulation Counsel; Denver
3:15-3:30 p.m.
Refreshment Break
3:30-5:00 p.m.
Consumer Workshop IV: Home Issues: Mortgages and Rule 3002 Update
Deanna L. Westfall, Moderator
Weinstein, Pinson & Riley, P.S.
Stephen E. Berken
Law Offices of Stephen Berken; Denver
Tami Gadd-Willardson
Office of the Chapter 13 Trustee; Salt Lake City
Hon. Sidney B. Brooks
U.S. Bankruptcy Court (D. Colo.); Denver
Keith Gantenbein
The Gantenbein Law Firm; Denver
Mark Middlemas
Lundberg & Associates; Salt Lake City
2015 Rocky Mountain Bankruptcy Conference Advisory Board
Annette W. Jarvis, Co-Chair
Dorsey & Whitney LLP; Salt Lake City
Risa Lynn Wolf-Smith, Co-Chair
Holland & Hart LLP; Denver
Hon. Elizabeth E. Brown, Judicial Chair
U.S. Bankruptcy Court (D. Colo.); Denver
Advisory Board
Stephen E. Berken — Co-Chair, Consumer Bankruptcy Education
Law Offices of Stephen Berken; Denver
Ellen R. Welner — Co-Chair, Consumer Bankruptcy Education
Douglas B. Kiel, Chapter 13 Trustee; Denver
Michael R. Johnson — Sponsorship Coordinator
Ray Quinney & Nebeker; Salt Lake City
Gil A. Miller — Sponsorship Coordinator
Rocky Mountain Advisory, LLC; Salt Lake City
Christian Carl Onsager — Sponsorship Coordinator
Onsager | Guyerson | Fletcher | Johnson; Denver
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
Elizabeth K. Flaagan
Faegre Baker Daniels LLP; Denver
Duane H. Gillman
Durham Jones & Pinegar; Salt Lake City
Theodore J. Hartl
Lindquist & Vennum LLP; Denver
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
Harvey Sender
Sender Wasserman Wadsworth, P.C.; Denver
D. Ray Strong
Berkeley Research Group, LLC; Salt Lake City
Kimberley H. Tyson
Ireland Stapleton Pryor & Pascoe, PC; Denver
Deanna L. Westfall
Weinstein, Pinson & Riley, P.S.
John F. Young
Markus Williams Young & Zimmermann LLC; 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 $225 per night;reservations must be made by January 2, 2015, 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 22. The workshop will address how gender-based communication differences drive “unconscious mindsets” that create obstacles to success. The cost is an additional $95; 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 2, 2015. No refunds will be granted after January 2, but substitutions will be allowed. After January 2, 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 11 hours of CLE credit, including 3 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 13 hours of CLE credit, including3.5 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 11 hours, of which 3.5 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 13 credit hours, of which 3.5 hours of credit can be applied toward the ethics professionalism requirement. 13 hours of CPE credit, including 3.5 hours of ethics, are also available.
Rocky Mountain Consumer Workshop: Approval for approximately 7 hours of CLE credit, including 3 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 8 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 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 8 credit hours, including 3.5 hours of ethics. 8 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 [email protected]
Presidential Partners
Double Black Diamond
Dorsey & Whitney LLP
Holland & Hart LLP
IWIRC Mountain Desert Network
Kutner Brinen Garber, PC
Lindquist & Vennum LLP
Onsager | Guyerson | Fletcher | Johnson LLC
Otten, Johnson, Robinson, Neff & Ragonetti, PC
Parsons Behle & Latimer
Ray, Quinney & Nebeker, PC
Rocky Mountain Advisory, LLC
Snell & Wilmer, LLP
Stoel Rives LLP
Black Diamond
Berkeley Research Group, LLC
Durham Jones & Pinegar
Markus Williams Young & Zimmermann, LLC
Summit Investment Management LLC
The Faculty of Federal Advocates
Blue
Ballard Spahr LLP
Connolly, Rosania & Lofstedt, PC
Cordes & Company
Fabian & Clendenin, PC
Faegre Baker Daniels
Intrinsic
Ireland, Stapleton, Pryor & Pascoe, P.C.
Jones Waldo Holbrook & McDonough PC
Law Office of Stephen E. Berken
Lewis Roca Rothgerber LLP
Perkins Coie LLP
Prince, Yeates & Geldzahler
RubinBrown LLP
Sender Wasserman Wadsworth, P.C.
Green
Berenbaum Weinshienk PC
Moye White LLP
r2 advisors, llc
Special Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, Conway MacKenzie/Variant Capital Advisors, LLC for the educational materials on thumb drives, Donlin, Recano & Company, Inc. for the conference lanyards, Summit Investment Management LLC for the conference wi-fi, West a Thomson Reuters business for providing the printed educational materials and Wilmington Trust for the tote bags.
Consumer Workshop ONLY Pricing (program only on 1/23/15) Early Bird
(postmarked by 11/14/14)Regular
(11/15/14-1/2/15)Late
(after 1/2/15)ABI Member $295 $345 $395 New Member* $390 $440 $49 * 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.
Event Information 200062
Thursday, March 5, 2015
2:00-5:00 p.m.
Registration Open
2:45-3:00 p.m.
Welcome
3:00-4:00 p.m.
Plenary Session: Trial Prep and Discovery
Hon. Catherine Peek McEwen, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Stephen D. Busey
Smith Hulsey & Busey; Jacksonville
Jordi Guso
Berger Singerman LLP; Miami
Mark M. Maloney
King & Spalding; Atlanta
4:15-5:15 p.m.
Plenary Session: Appellate Panel including Article III
Roberta A. Colton, Moderator
Trenam Kemker; Tampa
Hon. Charlene E. Honeywell
U.S. District Court (M.D. Fla.); Orlando
Hon. Mary S. Scriven
U.S. District Court (M.D. Fla.); Tampa
Hon. John E. Steele
U.S. District Court (M.D. Fla.); Fort Myers
Hon. Charles R. Wilson
U.S. Court of Appeals, 11th Circuit; Tampa
5:15-7:00 p.m.
Opening Reception
Sponsored by SAK Management Services, LLC
7:00-9:30 p.m.
VIP Speaker/Sponsor Dinner (by invitation only)
7:30-10:30 p.m.
Optional Event: Tampa Bay Lightning vs. Toronto Maple Leafs Hockey Game
Friday, March 6, 2015
8:00 a.m.-4:30 p.m.
Exhibit Hall Open
8:00-8:30 a.m.
Continental Breakfast
Sponsored by Kozyak Tropin & Throckmorton, P.A.
8:30-8:45 a.m.
Welcome by Program Chairs
8:45-10:15 a.m.
Plenary Session: Great Debates!
Roy S. Kobert, Moderator
GrayRobinson; Orlando
1. Unbundling the Sticks: Can Debtor Counsel Limit Scope of Representation?
PRO: James H. Cossitt
James H. Cossitt, PC; Kalispell, Mont.
CON: Guy G. Gebhardt
Office of the U.S. Trustee; Atlanta
2. Eat Dirt! Can Secured Lenders be Forced to Take Title?
CON: Lynn Welter Sherman
Adams and Reese LLP; Tampa
PRO: Harley E. Riedel
Stichter, Riedel, Blain & Prosser, PA; Tampa
3. Welcome to the Laundromat! Can 363 Orders Scrub all Future Claims?
PRO: John A. Anthony
Anthony and Partners; Tampa
CON: Elizabeth A. Green
BakerHostetler; Orlando
10:15-10:30 a.m.
Refreshment Break
Sponsored by Trenam Kemker
10:30 a.m.-12:00 noon
Concurrent Breakouts (2)
Business Session: Case Law Update
Hon. Barbara J. Houser
U.S. Bankruptcy Court (N.D. Tex.); Dallas
Richard B. Levin
Cravath, Swaine & Moore LLP; New York
Consumer Session: Residential Mortgage Modification Mediation
Brad W. Hissing
Kass Shuler, P.A.; Tampa
Traci K. Stevenson
Traci K. Stevenson, P.A.; Madeira Beach
Laurie K. Weatherford
Chapter 13 Trustee; Winter Park
12:00-1:30 p.m.
Second Annual Paskay Memorial Luncheon and Keynote
Sponsored by Stichter, Riedel, Blain & Prosser, P.A.
Richard B. Levin
Cravath, Swaine & Moore LLP; New York
1:30-1:45 p.m.
Refreshment Break
Sponsored by Wolf Hill McFarlin & Herron, P.A.
1:45-3:00 p.m.
Concurrent Breakouts (2)
Business Session: How to Prepare Your Expert Witness for Deposition and Trial
Hon. Paul “Bill” M. Glenn, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Jacksonville
Paul J. Battista
Genovese Joblove & Battista, P.A.; Miami
Andrew M. Brumby
Shutts & Bowen LLP; Orlando
Mindy A. Mora
Bilzin Sumberg Baena Price & Axelrod LLP; Miami
Consumer Session Part : Law Update
Recent Consumer Case Developments including lien-stripping, forcing collateral surrender, the meaning of Law v Siegel, sanctions for discharge violations and filing stale proofs of claim, valuation of personal property collateral and dismissal and conversion consequences in Chapter 13 cases.
Hon. Mary Grace Diehl, Moderator
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Kenneth D. Herron, Jr.
Wolff Hill McFarlin & Herron, P.A.; Orlando
Luis E. Rivera, II
Henderson, Franklin, Starnes & Holt, P.A.; Fort Myers
3:10-4:40 p.m.
Concurrent Breakouts (2)
Business Session Part : Intellectual Property and Insolvency Issues
Leonard H. Gilbert, Moderator
Holland & Knight LLP; Tampa
Daniel F. Benavides
Kozyak Tropin & Throckmorton, P.A.; Miami
Robert L. Eisenbach
Cooley LLP; San Francisco
Gregory M. McCoskey
Akerman LLP; Tampa
Robert F. Reilly
Willamette Management Associates; Chicago
Consumer Session : Claims/Attorneys’ Fees/Impound Escrows/FDCPA Issues/Eleventh Circuit Statue of Limitations
Consumer bankruptcy has generated new and novel challenges in 2014. Bankruptcy courts, the 11th Circuit and the Supreme Court have taken up issues that will affect all consumer practitioners. Join this panel of consumer attorneys and a Chapter 13 Trustee to discuss the hottest issues nationally and locally. From the CFPB and the FDCPA to RESPA and undistributed funds at conversion this panel will cover the most up to date topics. Come prepared to participate!
Alane A. Becket, Moderator
Becket & Lee LLP; Malvern, Pa.
Daniel F. Blanks
McGuireWoods LLP; Jacksonville
Matthew M. Holtsinger
Kass Shuler, P.A.; Tampa
Kelly Remick
Standing Chapter 13 Trustee (M.D. Fla.); Tampa
5:00-6:00 p.m.
Happy Hour Networking
6:45-10:00 p.m.
Optional Event: Bern’s Steak House Dine-Around
Group departs from hotel lobby
7:00-10:00 p.m.
Optional Event: Columbia Restaurant Dine-Around
Group departs from hotel lobby
Saturday, March 7, 2015
8:30-9:00 a.m.
Continental Breakfast
8:30-8:40 a.m.
Opening Remarks
8:45-9:45 a.m.
Plenary Session: Ethical Dilemmas in the Round, Including Asset Protection, Social Media and Electronic Discovery
Hon. Michael E. Romero, Moderator
U.S. Bankruptcy Court (D. Col.); Denver
Paul A. Giordano
Roetzel & Andress, LPA; Fort Myers
Adam C. Losey
Foley & Lardner LLP; Orlando
Richard L. Wasserman
Venable LLP; Baltimore
10:00-11:00 a.m.
Concurrent Breakouts (2)
Business Session: Health Care Issues
Hon. K. Rodney May, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Scott B. Davis
Grant Thornton LLP; Charlotte, N.C.
Suzanne Koenig
SAK Management Services, LLC; Northfield, Ill.
Robert A. Soriano
Greenberg Traurig, LLP; Tampa
Frank P. Terzo
GrayRobinson, PA; Fort Lauderdale
Consumer Session: Mock Exam: Witness in a Dischargeability Hearing
Hon. Michael G. Williamson, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
J. Ellsworth Summers, Jr.
Rogers Towers, PA; Jacksonville
Stephen R. Leslie
Stichter, Riedel, Blain & Prosser, PA; Tampa
Steven A. Schwaber
Law Offices of Steven A. Schwaber; San Marino, Calif.
Timothy J. Sierra
Timothy J. Sierra, Attorney at Law; Tampa
11:00-11:05 a.m.
Refreshment Break
11:05 a.m.-12:05 p.m.
“We Can Go ‘Round and ‘Round About That”
Judges’ rapid-fire roundtables on today’s provocative issues, with judges changing tables every 20 minutes
Jeffrey W. Warren, Moderator
Bush Ross, PA; Tampa
Hon. Caryl E. Delano
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Mary Grace Diehl
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Hon. Paul “Bill” M. Glenn
U.S. Bankruptcy Court (M.D. Fla.); Jacksonville
Hon. Barbara J. Houser
U.S. Bankruptcy Court (N.D. Tex.); Dallas
Hon. Karen S. Jennemann
U.S. Bankruptcy Court (M.D. Fla.); Orlando
Hon. K. Rodney May
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Catherine Peek McEwen
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Michael E. Romero
U.S. Bankruptcy Court (D. Col.); Denver
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
12:15 p.m.
Adjourn
2015 Chairs and Advisory Board
Judicial Chairs
Hon. Caryl E. Delano, Judicial Co-Chair
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. K. Rodney May, Judicial Co-Chair
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Program Chair
Leonard H. Gilbert
Holland & Knight LLP; Tampa
Advisory Board
Keith T. Appleby
Hill Ward Henderson; Tampa
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa
Daniel F. Blanks
McGuireWoods LLP; Jacksonville
Lara Roeske Fernandez
Trenam Kemker; Tampa
Larry M. Foyle
Kass Shuler, P.A.; Tampa
Glenn E. Gallagher
Clark & Washington, P.C.; Tampa
Paul A. Giordano
Roetzel & Andress, LPA; Fort Myers
Elizabeth A. Green
BakerHostetler; Orlando
Jordi Guso
Berger Singerman LLP; Miami
David S. Jennis
Jennis & Bowen, P.L.; Tampa
Richard Johnston, Jr.
Johnston Champeau, LLC; Fort Myers
Nelson Lamis
Ehrenstein Charbonneau Calderin; Miami
Franklind Davis Lea
Tactical Financial Consulting, LLC; Alpharetta, Ga.
Stephen R. Leslie
Stichter, Riedel, Blain & Prosser, PA; Tampa
Dennis J. LeVine
Dennis LeVine & Associates, PA; Tampa
Michael C. Markham
Johnson Pope Bokor Ruppel & Burns, LLP; Clearwater
Gregory M. McCoskey
Akerman LLP; Jacksonville
Dean Theresa J. Pulley Radwan
Stetson University College of Law; Gulfport
Luis E. Rivera, II
Henderson, Franklin, Starnes & Holt, P.A.; Fort Myers
Lynn Welter Sherman
Adams and Reese LLP; Tampa
Robert A. Soriano
Greenberg Traurig, LLP; Tampa
J. Ellsworth Summers, Jr.
Rogers Towers P.A.; Jacksonville
Frank P. Terzo
GrayRobinson, P.A.; Miami
Charles W. Throckmorton
Kozyak Tropin & Throckmorton, P.A.; Miami
Jeffrey W. Warren
Bush Ross; Tampa
Conference Information
Hotel
The conference hotel (Hilton Tampa Downtown) is Sold Out. Please see list below of hotels within walking distance of the Hilton.
Sheraton Riverwalk (one block away)
200 N. Ashley Street Tampa, Fl 33602
Phone: 813-223-2222Embassy Suites Downtown Convention Center (3 blocks away)
513 S. Florida Ave.
Phone: 813-769-8300Marriott Waterside (4 blocks away)
700 S. Florida Ave
Phone: 813-221-4900Westin Harbour Island (4 ½ blocks away)
725 S. Harbour Island Blvd
Phone: 813-229-5000Airport Transfers and Excursions
Airport transfers and excursions (shopping, site seeing, etc.) can be planned through WCT events. Please contact MJ Wang at [email protected]. http://www.wctevents.com/
Continuing Education Credit
11.5 hours of general CLE credit, including1 hourof ethics, are pending in states calculating CLE on a 60-minute hour, and 13.5 hours of general CLE credit, including 1 hour of ethics, are pending in 50-minute-hour states.Credit hours granted are subject to approval from each state. 13.5 hours of CPE credit, including 1 hour of ethics, are also available. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 11.5 hours, of which 1 hour 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 13.5 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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, ABI may allow the individual to work at the registration area for a few hours during attendee check-in, or assist in conference setup. ABI also has reduced rates for government employees, professors, law clerks and students. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800, or 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 February 12, 2015. No refunds will be granted after February 12, but substitutions will be allowed. After February 12, 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.
Optional Events
Tampa Bay Lightning vs. Toronto Maple Leafs Hockey Game
Thursday, March 5, 7:30-10:30 p.m.
Enjoy an outing to see the the Lightning v. Toronto Maple Leafs at Amelie Arena. Tickets are $70/each for Club Level and $45/each for Upper Level. Transportation is not provided.
Bern's Steak House Dine-Around
Friday, March 6, 6:45-10:00 p.m
Cuisine: Steakhouse
Bern’s Steak House provides diners with a unique culinary experience, featuring perfectly aged steaks and one of the largest wine collections in the world, along with the restaurant’s internationally famous dessert room. Wine cellar and kitchen tours are available for all guests. The required attire is business casual to semi-formal. The $95 per person fee includes transportation, dinner with two drinks, dessert room and gratuity. Please check the appropriate box on the registration form.
Columbia Restaurant Dine-Around
Friday, March 6, 7:00-10:00 p.m.
Cuisine: Spanish/Cuban
The Hernandez Gonzmart family has been making restaurant history since 1905, when they opened their landmark Columbia Restaurant in Tampa’s Historic Ybor City. Today, it is Florida’s oldest restaurant and the world’s largest Spanish restaurant. Fourth- and fifth-generation family members work hard to preserve the family legacy that their great-grandfather Casimiro Hernandez, Sr. created more than 100 years ago when he opened the Columbia as a corner café frequented by local cigar workers. The $65-per-person fee includes transportation, dinner with two drinks, dessert room and gratuity. Please check the appropriate box on the registration form.
Premium Sponsors
Kozyak Tropin & Throckmorton, P.A.
Stichter, Riedel, Blain & Prosser, P.A.
Trenam Kemker
Wolf Hill McFarlin & Herron, P.A.
Rogers Towers, PA
Supporting Sponsors
Anthony & Partners, LLC
BakerHostetler
Ferraiuoli LLC.
GrayRobinson, P.A.
SAK Management Services, LLC
Shumaker, Loop & Kendrick, LLP
Shutts & Bowen LLP
Special Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, Conway MacKenzie/Variant Capital Advisors, LLC for the educational materials on thumb drives, West a Thomson Reuters business for providing the printed educational materials and Wilmington Trust for the tote bags.
Conference Rates
Registration Rates Early
(postmarked by 1/9/15)Regular
(1/10/15- 2/6/15)Late
(after 2/6/15)ABI Member$365$415$465Govt./Academic/Nonprofit ABI Member$215$265$315New ABI Member*$565$615$665Govt./Academic/Nonprofit New ABI Member*$310$360$410* Includes a one-year ABI membership for first-time members — a $295 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).
There will be a $30 fee added to all on-site registrations.
Exhibitor Rates
ABI Member Exhibitor Registration**$1000New ABI Member Exhibitor Registration***$1,295Additional 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 one-year ABI membership.
Optional Events
Bern's Steakhouse Dine-Around Dinner$95/personColumbia Restaurant Dine-Around Dinner$65/personABI 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.
Event Information 221936
Thursday, May 14
7:30 a.m.
Registration Desk Open
8:00-8:30 a.m.
Continental Breakfast
8:30-8:45 a.m.
Conference Chairs’ Welcome
Hon. Shelley C. Chapman, Judicial Chair
U.S. Bankruptcy Court (S.D.N.Y.)
Lisa G. Beckerman, Co-Chair
Akin Gump Strauss Hauer & Feld LLP
Timothy Graulich, Co-Chair
Davis Polk & Wardwell LLP
David Pauker, Co-Chair
Lehman Brothers Holdings, Inc.
8:45-9:45 a.m.
Plenary Session
"Judges' Roundtable: Selected Current Topics Including the ABI Reform Commission Report
A moderated roundtable featuring judges of the Southern and Eastern Districts of New York and the District of Delaware.
Hon. Shelley C. Chapman, Moderator
U.S. Bankruptcy Court (S.D.N.Y.)
9:45-10:00 a.m.
Refreshment Break
10:00-11:15 a.m.
Concurrent Sessions (6)
Momentive Deconstructed
A detailed analysis of the many aspects of this important bankruptcy court decision.
Dennis F. Dunne, Moderator
Milbank, Tweed, Hadley & McCloy LLP
William Q. Derrough
Moelis & Company
Timothy Graulich
Davis Polk & Wardwell LLP
Hon. Brendan L. Shannon
U.S. Bankruptcy Court (D. Del.); Wilmington
Bankruptcy Litigation Panel
Fraudulent transfer update (§ 546(e) (Lyondell, Tribune, Boston Generating)); Cortlandt; automatic stay litigation (i.e., requirement to turn over funds (Weber)); § 503(b)(9); aiding and abetting claims (Rural Metro); post-Stern consent to jurisdiction cases (Sixth, Seventh and Ninth Circuits and Supreme Court (Exec. Benefits, Wellness).
Michael Luskin, Moderator
Luskin, Stern & Eisler LLP
John H. Bae
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.)
Paul D. Leake
Jones Day
Professional Responsibility and Ethics Issues Arising from Cross-Border Representations in Insolvency Cases
Conflicting ethics and professionalism under different jurisdictions; required disclosures; duties to the various courts; duties to your client; different fiduciary duties; the ethics of insolvency planning and COMI-shifting.
Ira L. Herman, Moderator
Thompson & Knight LLP
Mark A. Broude
Latham & Watkins LLP
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Brett H. Miller
Morrison & Foerster LLP
Controversial Issues in Valuation
Topics may include selection of comparable companies; liquidity and marketability discounts; discounts for size and reorganization risk; determining a discount rate; option-based valuation methodologies (note that the panelists will discuss and highlight different positions that may be taken, but will leave it to you to decide which positions have more merit).
Sandeep Qusba, Moderator
Simpson Thacher & Bartlett LLP
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.)
Marc D. Puntus
Centerview Partners LLC
Leon Szlezinger
Jefferies LLC
Fiduciary Duties from Ordinary Course, into Distress and Insolvency, and through Bankruptcy
Do directors’ duties or decision processes change when the company’s conditions worsen? Is there still any implication to a “zone of insolvency”? How do directors’ duties change in bankruptcy? What duties are there to secured and unsecured creditors? Are there duties to controlled affiliates or their constituencies? Are there process protections? Quadrant (Delaware decision on board action).
Peter Sabin Willett , Moderator
Morgan, Lewis & Bockius LLP
Hon. Robert E. Gerber
U.S. Bankruptcy Court (S.D.N.Y.)
Kristopher M. Hansen
Stroock & Stroock & Lavan LLP
Nancy A. Mitchell
Greenberg Traurig, LLP
“Governed by New York Law”? Considering the Impact of New York State Law in Bankruptcy Matters
Major cases filed in New York may follow that state’s laws because of the location of the forum, contractual designation or some other reason. But New York law on debtors/creditors, fraudulent transfer, partnership and other areas may be out of date or may depart from the laws of other jurisdictions. Discussion of New York State law issues and recent cases certified to the New York State Court of Appeals, including rent-controlled leaseholds as property rights.
Lisa G. Beckerman, Moderator
Akin Gump Strauss Hauer & Feld LLP
William A. Brandt, Jr.
Development Specialists, Inc.
Hon. Robert E. Grossman
U.S. Bankruptcy Court (E.D.N.Y.); Central Islip
David M. Posner
Otterbourg P.C.
11:15-11:30 a.m.
Refreshment Break
11:30 a.m.-12:45 p.m.
Repeat Concurrent Sessions (6)
Momentive Deconstructed
Dennis F. Dunne, Moderator
Milbank, Tweed, Hadley & McCloy LLP
Kelley A. Cornish
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Joel H. Levitin
Cahill Gordon & Reindel LLP
Hon. Brendan L. Shannon
U.S. Bankruptcy Court (D. Del.); Wilmington
Jane Lee Vris
Millstein & Co., L.P.
Bankruptcy Litigation Panel
Michael Luskin, Moderator
Luskin, Stern & Eisler LLP
Philip Bentley
Kramer Levin Naftalis & Frankel LLP
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.)
Susheel Kirpalani
Quinn Emanuel Urquhart & Sullivan, LLP
Professional Responsibility and Ethics Issues Arising from Cross-Border Representations in Insolvency Cases
Ira L. Herman, Moderator
Thompson & Knight LLP
Luc A. Despins
Paul Hastings LLP
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Robin E. Keller
Hogan Lovells US LLP
Controversial Issues in Valuation
Sandeep Qusba, Moderator
Simpson Thacher & Bartlett LLP
David Hilty
Houlihan Lokey
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.)
J. Scott Victor
SSG Capital Advisors, LLC
Fiduciary Duties from Ordinary Course, into Distress and Insolvency, and through Bankruptcy
Peter Sabin Willett , Moderator
Morgan, Lewis & Bockius LLP
Hon. Robert E. Gerber
U.S. Bankruptcy Court (S.D.N.Y.)
Jonathan Goldin
Goldin Associates, LLC
Richard G. Mason
Wachtell, Lipton, Rosen & Katz
Steven J. Reisman
Curtis, Mallet-Prevost, Colt & Mosle LLP
“Governed by New York Law”? Considering the Impact of New York State Law in Bankruptcy Matters
Lisa Beckerman, Moderator
Akin Gump Strauss Hauer & Feld LLP
Hon. Robert E. Grossman
U.S. Bankruptcy Court (E.D.N.Y.); Central Islip
Evan C. Hollander
Arnold & Porter LLP
Barbra Rachel Parlin
Holland & Knight LLP
12:45-2:15 p.m.
Buffet Lunch
Sponsored by Grant Thornton, LLP
2:15-2:45 p.m.
Keynote Presentation
Where Will Tomorrow’s Problems Come From? U.S. Economic and Industry Outlook
Panel discussion with senior economists about the U.S. economy, future trends, and which sectors we can expect to see having problems.
Dr. Faten Sabry, Moderator
NERA Economic Consulting
Ethan Harris
BofA Merrill Lynch Global Research
Charles P. Himmelberg
Goldman Sachs
2:45-4:00 p.m.
Concurrent Sessions (6)
Bankruptcy Ethics Update
Discussion of EPF bankruptcy process issues. What are the duties of directors and their professionals in complex multi-debtor cases? More generally, when is it necessary to obtain a conflict waiver? Current vs. recent vs. former clients; directly adverse vs. positionally adverse; relatedness to a prior matter; use of confidential information; review of disinterestedness standards under Bankruptcy Code § 101(14) and related disclosure requirements; ABI Report on Standards of Professional Courtesy and Conduct.
Michael P. Richman, Moderator
Hunton & Williams LLP
Jonathan L. Flaxer
Golenbock Eiseman Assor Bell & Peskoe LLP
Deirdre Martini McGuinness
KCC
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn
Cross-Border Bankruptcy Issues
Nortel (two courts simultaneously trying allocation issues); Suntech, Barnet and subsequent bankruptcy court decisions on remand (recognition and § 109(a)); Fairfield Sentry Limited (sale of SIPA claims); enforcement of judgments (Argentina litigation, Madoff); filing of chapter 11 cases by foreign debtors (Alsacia); extraterritoriality issues regarding avoidance actions (Madoff decisions). Do Fairfield, Quimonda, and Madoff represent a retreat from the principle of comity set forth in chapter 15?
Lisa M. Schweitzer, Moderator
Cleary Gottlieb Steen & Hamilton LLP
Michael Genereux
The Blackstone Group L.P.
Hon. Allan L. Gropper
U.S. Bankruptcy Court (S.D.N.Y.)
Daniel A. Lowenthal
Patterson Belknap Webb & Tyler LLP
Recent Decisions Affecting Secured Creditor Rights and the Potential Impact of Such Cases
Cramdown interest rate (Momentive); extent of security interest (ResCap); credit-bidding (Fisker, Free Lance-Star Publishing); date of collateral valuation. Will Till and Momentive change future bankruptcies? How will pre-bankruptcy and DIP financing change? What new or different issues will arise at the beginnings and endings of cases? Will contested confirmation become the norm? Will secured lenders be less willing to support a bankruptcy process? Will include discussion of changes proposed in the ABI Commission to Study the Reform of Chapter 11’s Final Report relating to secured creditor rights.
David M. Hillman, Moderator
Schulte Roth & Zabel LLP
Hon. Stuart M. Bernstein
U.S. Bankruptcy Court (S.D.N.Y.)
Marc J. Heimowitz
Claren Road Asset Management
Brian Trust
Mayer Brown LLP
General Motors, Redux
Constitutional and bankruptcy law issues raised by post-bankruptcy claims asserted by tort claimants, including finality of § 363 sale orders and due process.
Martin J. Bienenstock, Moderator
Proskauer
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.)
Kathryn A. Coleman
Hughes Hubbard & Reed LLP
Matthew A. Feldman
Willkie Farr & Gallagher LLP
Arthur J. Steinberg
King & Spalding LLP
Current Issues in Bankruptcy Taxation
Preservation and realization of NOLs through plan structures (Capmark, WaMu, Fremont General); tax-sharing agreements and allocations of tax benefits (Edison Mission); OID (ResCap); excess loss account; fair market exchanges; transfer pricing (Nortel); trading restrictions and more.
Ray C. Schrock, Moderator
Weil Gotshal & Manges LLP
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Alec P. Ostrow
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Howard J. Tucker
EY
Alternatives to Chapter 11
In today’s post-BAPCPA environment, why file for bankruptcy at all? Consideration of alternatives, including out-of-court restructurings, state law restructuring statutes, ABCs, foreclosures; receiverships; discussion of common problems, including solicitations and hold-outs.
Kenneth S. Ziman, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP
Gary L. Kaplan
Fried, Frank, Harris, Shriver & Jacobson LLP
Deborah C. Rieger-Paganis
AlixPartners, LLP
Hon. Louis A. Scarcella
U.S. Bankruptcy Court (E.D.N.Y.); Central Islip
4:00-4:15 p.m.
Refreshment Break
4:15-5:30 p.m.
Repeat Concurrent Sessions (6)
Bankruptcy Ethics Update
Michael P. Richman, Moderator
Hunton & Williams LLP
George A. Davis
O’Melveny & Myers LLP
Irving H. Picard
BakerHostetler
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn
Cross-Border Bankruptcy Issues
Lisa M. Schweitzer, Moderator
Cleary Gottlieb Steen & Hamilton LLP
Paul M. Basta
Kirkland & Ellis LLP
Hon. Allan L. Gropper
U.S. Bankruptcy Court (S.D.N.Y.)
Jeffrey S. Sabin
Venable LLP
Recent Decisions Affecting Secured Creditor Rights and the Potential Impact of Such Cases
David M. Hillman, Moderator
Schulte Roth & Zabel LLP
Hon. Stuart M. Bernstein
U.S. Bankruptcy Court (S.D.N.Y.)
Ronen A. Bojmel
Guggenheim Partners, LLC
Daniel B. Kamensky
New York
Madlyn G. Primoff
Kaye Scholer LLP
General Motors, Redux
Martin J. Bienenstock, Moderator
Proskauer
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.)
Matthew A. Feldman
Willkie Farr & Gallagher LLP
William P. Weintraub
Goodwin Procter LLP
Edward S. Weisfelner
Brown Rudnick LLP
Current Issues in Bankruptcy Taxation
Ray C. Schrock, Moderator
Kirkland & Ellis LLP
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Steven Joffe
FTI Consulting, Inc.
Vadim Mahmoudov
Debevoise & Plimpton LLP
Alternatives to Chapter 11
Kenneth S. Ziman, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP
Hon. Carla E. Craig
U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn
William H. Henrich
Getzler Henrich & Associates LLC
Frank A. Oswald
Togut, Segal & Segal LLP
5:30 p.m.
Adjourn
5:30-7:00 p.m.
Networking Reception (open to all attendees!)
Cocktail Reception Sponsored by NERA Economic Consulting
New York City Bankruptcy Conference Advisory Board
Conference Co-Chairs
Hon. Shelley C. Chapman, Judicial Chair
U.S. Bankruptcy Court (S.D.N.Y.)
Lisa G. Beckerman, Co-Chair
Akin Gump Strauss Hauer & Feld LLP
Timothy Graulich, Co-Chair
Davis Polk & Wardwell LLP
David Pauker, Co-Chair
Lehman Brothers Holdings, Inc.
Conference Advisory Board
Paul M. Basta
Kirkland & Ellis LLP
Philip Bentley
Kramer Levin Naftalis & Frankel LLP
Martin J. Bienenstock
Proskauer
Ronen A. Bojmel
Guggenheim Partners, LLC
William A. Brandt, Jr.
Development Specialists, Inc.
Mark A. Broude
Latham & Watkins LLP
Kathryn A. Coleman
Hughes Hubbard & Reed LLP
George A. Davis
O'Melveny & Myers LLP
Luc A. Despins
Paul Hastings LLP
William Q. Derrough
Moelis & Company
Dennis F. Dunne
Milbank, Tweed, Hadley & McCloy LLP
Matthew A. Feldman
Willkie Farr & Gallagher LLP
Jonathan L. Flaxer
Golenbock Eiseman Assor Bell & Peskoe LLP
Paul M. Goldschmid
King Street Capital Management, L.P.
Sean A. Gumbs
FTI Consulting, Inc.
Kristopher M. Hansen
Stroock & Stroock & Lavan LLP
Scott L. Hazan
Otterbourg P.C.
Marc J. Heimowitz
Claren Road Asset Management
William H. Henrich
Getzler Henrich & Associates LLC
Ira L. Herman
Thompson & Knight LLP
David M. Hillman
Schulte Roth & Zabel LLP
David Hilty
Houlihan Lokey
Evan C. Hollander
Arnold & Porter LLP
Michael Genereux
The Blackstone Group L.P.
Daniel B. Kamensky
Paulson & Co. Inc.
Robin E. Keller
Hogan Lovells US LLP
Susheel Kirpalani
Quinn Emanuel Urquhart & Sullivan, LLP
Alan W. Kornberg
Paul, Weiss, Rifkind, Wharton & Garrison LLP
BlueMountain Capital Management, LLC
Paul D. Leake
Jones Day
Ivan Lehon
EY
Joel H. Levitin
Cahill Gordon & Reindel LLP
Daniel A. Lowenthal
Patterson Belknap Webb & Tyler LLP
Michael Luskin
Luskin, Stern & Eisler LLP
Deirdre Martini McGuinness
KCC
Richard G. Mason
Wachtell, Lipton, Rosen & Katz
Vivek Melwani
Centerbridge Partners, L.P.
Lorenzo Mendizabal
Epiq Systems, Inc.
Brett H. Miller
Morrison & Foerster LLP
Nancy A. Mitchell
Greenberg Traurig, LLP
Goldman Sachs
Alec P. Ostrow
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Deborah C. Rieger-Paganis
AlixPartners, LLP
Irving H. Picard
BakerHostetler
Madlyn G. Primoff
Kaye Scholer LLP
Marc Puntus
Centerview Partners LLC
Sandeep Qusba
Simpson Thacher & Bartlett LLP
Steven J. Reisman
Curtis, Mallet-Prevost, Colt & Mosle LLP
Michael P. Richman
Hunton & Williams LLP
Jeffrey S. Sabin
Venable LLP
Brad E. Scheler
Fried, Frank, Harris, Shriver & Jacobson LLP
Ray C. Schrock
Weil, Gotshal & Manges LLP
Lisa M. Schweitzer
Cleary Gottlieb Steen & Hamilton LLP
Glenn E. Siegel
Morgan, Lewis & Bockius LLP
Arthur J. Steinberg
King & Spalding
Leon Szlezinger
Jefferies LLC
My Chi To
Debevoise & Plimpton LLP
Albert J. Togut
Togut, Segal & Segal LLP
Brian Trust
Mayer Brown LLP
J. Scott Victor
SSG Capital Advisors, LLC
Jane Lee Vris
Millstein & Co., L.P.
Michael Waldorf
Paulson & Co. Inc.
William P. Weintraub
Goodwin Procter LLP
Edward S. Weisfelner
Brown Rudnick LLP
John W. Weiss
Alston & Bird LLP
Kenneth S. Ziman
Skadden, Arps, Slate, Meagher & Flom LLP
Conference Information
Hotel Accomodations
Located in Midtown Manhattan within blocks of Central Park, Times Square, the Theatre District, Fifth Avenue shopping, MOMA and so much more, the New York Hilton Midtown is the perfect host hotel for this program. ABI has negotiated a special conference rate of $339 single/double per night from May 12-15, 2015, at the New York Hilton Midtown (reservations must be made by April 13, 2015, to secure this special rate). Please call (212) 586-7000 to make your reservations. Reservations may be made only once you have registered with ABI. Be sure to identify yourself with the conference to obtain the special conference rate. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Conference Attire
Professional business attire is requested throughout the conference.
Continuing Education
6.5 hours of CLE credit, including 1.25 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and approval for 7.5 hours of CLE credit, including 1.5 hours of ethics, is pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 7.5 hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement.California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 6.5 hours, of which 1.25 hours will apply to ethics. 7.5 of CPE credit, including 1.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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 complaints and refunds, 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. For information on tuition assistance, e-mail [email protected].
Cancellation Policies
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 23, 2015. No refunds will be granted after April 23, although substitutions will be allowed. After April 23, 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.
New York City Bankruptcy Conference Sponsors
Akin Gump Strauss Hauer & Feld LLP
AlixPartners LLP
Alston & Bird LLP
Arnold & Porter LLP
BakerHostetler
Becker, Glynn, Muffly, Chassin & Hosinski LLP
BlueMountain Capital Management LLC
Brown Rudnick LLP
Cadwalader, Wickersham & Taft LLP
Cahill Gordon & Reindel LLP
Centerbridge Partners, L.P.
Centerview Partners LLC
Claren Road Asset Management
Cleary Gottlieb Steen & Hamilton LLP
Conway MacKenzie
Curtis, Mallet-Prevost, Colt & Mosle LLP
Davis Polk & Wardwell LLP
Debevoise & Plimpton LLP
Development Specialists, Inc.
Donlin, Recano & Company, Inc.
Epiq Systems, Inc.
Ernst & Young
Fried, Frank, Harris, Shriver & Jacobson LLP
FTI Consulting, Inc.
Getzler Henrich & Associates LLC
Goldin Associates, LLC
Goldman Sach
Golenbock Eiseman Assor Bell & Peskoe LLP
Goodwin Procter LLP
Grant Thornton, LLP
Greenberg Traurig, LLP
Guggenheim Partners
Hogan Lovells US LLP
Houlihan Lokey
Hughes Hubbard & Reed LLP
Hunton & Williams LLP
Jefferies LLC
Jones Day
Kaye Scholer LLPKCC
King & Spalding LLP
King Street Capital Management, LP
Kirkland & Ellis LLP
Kramer Levin Naftalis & Frankel LLP
Latham & Watkins LLP
Luskin, Stern & Eisler LLP
Mayer Brown LLP
McGuireWoods LLP
Milbank, Tweed, Hadley & McCloy LLP
Millstein & Co.
Moelis & Company
Morgan, Lewis & Bockius LLP
Morrison & Foerster LLP
NERA Economic Consulting
O’Melveny & Myers LLP
Otterbourg PC
Pachulski Stang Ziehl & Jones LLP
Patterson Belknap Webb & Tyler LLP
Paul Hastings LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Paulson & Co. Inc.
Perkins Coie, LLP
Proskauer
Quinn Emanuel Urquhart & Sullivan, LLP
Schulte Roth & Zabel LLP
Simpson Thacher & Bartlett LLP
Skadden, Arps, Slate, Meagher & Flom LLP
SSG Capital Advisors, LLC
Stroock & Stroock & Lavan LLP
Stutman, Treister & Glatt PC
The Blackstone Group
Thompson & Knight LLP
Togut, Segal & Segal, LLP
Wachtell, Lipton, Rosen & Katz
Weil, Gotshal & Manges LLP
Willkie Farr & Gallagher LLP
Venable LLPSpecial Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, Conway MacKenzie/Variant Capital Advisors, LLC for the conference thumb drives, Donlin, Recano & Company, Inc. for the conference app, KCC for the conference wi-fi service, Sherwood Partners, LLC/agencyIP for sponsoring the exhibit hall, Summit Investment Management LLC and Thomson Reuters for providing the printed educational materials and Wilmington Trust for the conference tote bags.
Rates
Early Bird
(3/6/15-3/13/15)Regular
(3/14/15-5/1/15)Late
(after 5/1/15)ABI Member$525$625$725Gov’t./Aca./Nonprofit ABI Member$325$375$425New ABI Member*$800$900$1,000Gov’t./Aca./Nonprofit New ABI Member*$420$470$520Registration rates include continental breakfast, luncheon presentation, all refreshment breaks and the written materials.
* Includes a one-year ABI membership for first-time members only — a $295 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.
Exhibitor Rates:
ABI Member Exhibitor**$1,600ABI Member Secondary Exhibitor$500New ABI Member Exhibitor***$1,850New ABI Member Exhibitor***$750** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’ table, full registration for one booth representative AND a one-year membership for first-time members only — a $295 value! Membership is individual and nonrefundable. 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.
Event Information 226962
Thursday, May 7
Golf 11:30 a.m.
It's time for your golf swing to shine at Lake of Isles Golf Course. Since opening in 2005, Lake of Isles has consistently been ranked as one of the top golf facilities in the country. The Rees Jones designed layout gives guests the ultimate golf experience. Guests will enjoy the challenging North Course which features rolling terrain, island greens and tees and extraordinary views from every hole. $225 per player includes cart rental, green fees and a boxed lunch. The shotgun tournament will kick off at 12:00 p.m.!
Spa 12:30-4:30 p.m.
Surrender to the calling of bliss and indulge in divine spa therapies influenced by 10 exotic cultures in the 22,000-square-foot luxurious Elemis Spa at Mohegan Sun. Scenic views soothe the mind and body as you indulge in the spa’s extensive therapy menu, complete with an array of deluxe treatments and services.
12:30-2:00 p.m.
Spa Check-In, Networking & Spa Lunch Poolside*
*Lunch will begin promptly at 12:30 p.m. to facilitate check-in and allow for ample locker room prep time prior to spa service. You will be asked to select your entrée choice.
Entree Choices:
Elemis Chicken Salad Wrap, Mohegan Tuna Salad Wrap, Asian Chicken Salad or Grilled Vegetable Wrap.
2:00-3:00 p.m.
Spa Treatment (Select Mani/Pedi, Facial or Massage)
3:00-4:30 p.m.
Specialty Cocktail Reception, Elegant Munchies & Networking
6:00 p.m.
Cocktail Reception
Sponsored by MB Business Capital
To be held on the 2nd floor at Margaritaville in Mohegan Sun.
Friday, May 8
7:30-8:30 a.m.
Breakfast
Sponsored by Bibby Financial Services
The breakfast and all panels will take place in the Cabaret (at Mohegan Sun)
8:30-8:45 a.m.
Welcome & Opening Remarks
Sponsored by BMC Group
8:45-10:00 a.m.
Sponsored by Arent Fox LLP
Views from the Bench
Judges will discuss the impact and various issues that courts have identified from the Final Report of the ABI Commission to Study the Reform of Chapter 11. The panel will focus on those aspects of the Final Report that may affect or influence bankruptcy jurisprudence and practice.
Andrew I. Silfen, Moderator
Arent Fox LLP; New York
Hon. Joan N. Feeney
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Michael B. Kaplan
U.S. Bankruptcy Court (D. N.J.); Trenton
Hon. Julie A. Manning
U.S. Bankruptcy Court (D. Conn.); New Haven
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn
10:00-10:15 a.m.
Break
Sponsored by Ares Management LLC
10:15-11:30 a.m.
Financial Alchemy: Turning Financial Lead into Gold
This panel will discuss the ways in which one lender hating a deal creates an opportunity for other lenders up and down the financial food chain.
David M. Weinstein, Moderator
Ares Management; Tarrytown, NY
Bill McAndrew
Citibank Middle Market Lending Group; New York
Robert Meyers
Bibby Financial Services; Chicago
Andrew H. Moser
Salus Capital Partners; Needham, Mass.
Greg Pignataro
People’s United Bank; Hartford, Conn.
11:30-11:45 a.m.
Break
Sponsored by RJ Reuter
11:45-1:00 p.m.
Working Luncheon - Lunch served at 11:45 a.m.
Sponsored by Arent Fox LLP
How to Ensure that You Are the Sharpest Tool in Your Client’s Toolbox: A Multi-Disciplinary Look at Middle-Market Corporate Renewal and Restructuring
Gain insights and strategies for corporate renewal and restructuring in the middle market from a multi-disciplinary panel of experts. The panel will cover issues from the perspectives of attorneys, turnaround advisors, lenders and judges, including an examination of portions of the Final Report of the ABI Commission to Study the Reform of Chapter 11.
Daniel C. Cohn
Murtha Cullina LLP; Boston
Thomas Donnelly
Webster Bank; Waterbury, Conn.
Hon. Allan L. Gropper
U.S. Bankruptcy Court (S.D.N.Y.); New York
Bert Weil
Getzler Henrich & Associates LLC; New York
1:00 p.m.
Closing Remarks/Adjourn
Program Co-Sponsored by The Association of Insolvency and Restructuring Advisors (AIRA)
Optional Events
Golf 11:30 a.m.
It's time for your golf swing to shine at Lake of Isles Golf Course. Since opening in 2005, Lake of Isles has consistently been ranked as one of the top golf facilities in the country. The Rees Jones designed layout gives guests the ultimate golf experience. Guests will enjoy the challenging North Course which features rolling terrain, island greens and tees and extraordinary views from every hole. $225 per player includes cart rental, green fees and a boxed lunch. The shotgun tournament will kick off at 12:00 p.m.!
Spa 12:30-4:30 p.m.
Surrender to the calling of bliss and indulge in divine spa therapies influenced by 10 exotic cultures in the 22,000-square-foot luxurious Elemis Spa at Mohegan Sun. Scenic views soothe the mind and body as you indulge in the spa’s extensive therapy menu, complete with an array of deluxe treatments and services.
12:30-2:00 p.m.
Spa Check-In, Networking & Spa Lunch Poolside*
*Lunch will begin promptly at 12:30 p.m. to facilitate check-in and allow for ample locker room prep time prior to spa service. You will be asked to select your entrée choice.
Entree Choices:
Elemis Chicken Salad Wrap, Mohegan Tuna Salad Wrap, Asian Chicken Salad or Grilled Vegetable Wrap.
2:00-3:00 p.m.
Spa Treatment (Select Mani/Pedi, Facial or Massage)
3:00-4:30 p.m.
Specialty Cocktail Reception, Elegant Munchies & Networking
Program Co-Sponsored by The Association of Insolvency and Restructuring Advisors (AIRA)
Conference Information
Hotel
The Mohegan Sun is one of the world’s most amazing destinations, containing some of New England’s finest dining, hotel accommodations, shopping and golf. The resort is within 45 minutes of Providence, Hartford and New Haven, and just over 90 minutes from Boston. New York is little more than 2 hours away. ABI has arranged a special conference rate of $189 single/double from May 6-7, 2015. Make your reservations by April 15, 2015, to reserve this special rate. You can make your reservation online at https://resweb.passkey.com/go/NYIC15, or by calling (866) 708-1340 and using group code NYIC15. ABI cannot guarantee anyone a room after the April 15 cut-off or after the specially rated ABI block has been filled.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 16, 2015. No refunds will be granted after April 16, but substitutions will be allowed. After April 16, 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 Credit
3.5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 4 hours of general CLE credit 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 in the amount of 3.5 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 4 credit hours, which can be applied toward professional practice. 4 hours of CPE credit and 4 hours of CTP (Certified Turnaround Professional) credit are also available.
*ABI offers intermediate-level courses, which assume that attendees have some 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 complaints and refunds, 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. For information on tuition assistance, send an e-mail [email protected].
Program Co-Sponsored by The Association of Insolvency and Restructuring Advisors (AIRA)
Event Co-sponsors
Sponsors
Master Sponsor
Sponsorship Opportunities
To get the information about Sponsorship Opportunities please click here (PDF file)
Program Co-Sponsored by The Association of Insolvency and Restructuring Advisors (AIRA)
Early Bird Rates Extended until April 15th!
Rates
Early Early Bird!*
(2/2/15-2/20/15)Early
(2/21/15-4/15/15)Regular
(4/16/15-5/6/15)On-Site
(5/7/15-5/8/15)Member$250$275$320$365Non-Member$295$320$365$410Guest$125$125$125$125Golf$225$225$225$225Spa$225$225$225$225**Special rates are available for a Golf foursome; please call 703-739-0800 for information & reservations.
Program Co-Sponsored by The Association of Insolvency and Restructuring Advisors (AIRA)
Event Information 226978
Tuesday, May 19
5:00-7:00 p.m.
Program Registration
6:00-7:00 p.m.
Faculty/Registrant Catered Dinner
7:00-9:00 p.m.
Program Introduction
Lecture: Trial Preparation for Lawyers
Lecture: The Financial Professional as Expert Witness
7:15-8:15 p.m.
Faculty Training Session
Wednesday, May 20
7:30-8:30 a.m.
Registration and Breakfast
8:30-9:30 a.m.
Lecture/Demo: Introduction of Evidence/Direct Examination
8:30-9:30 a.m.
Faculty Training Session
9:30-10:00 a.m.
Break
10:00 a.m.-12:00 noon
Workshop 1: Direct Examination of Non-Experts and Introduction of Evidence
12:00-1:00 p.m.
Catered Lunch
1:00-2:30 p.m
Lecture/Demo: Effective Cross-Examination
2:30-3:00 p.m.
Break
3:00-5:00 p.m.
Workshop 2: Cross-Examination of Non-Experts
5:00-5:15 p.m.
Refreshment Break
5:15-6:00 p.m.
Lecture: Art of Persuasion/Trial Techniques to Win Your Case
Lecture: Valuation Training for Financial Professionals
5:15-6:00 p.m.
Faculty Meeting/Wrap-Up
Thursday, May 21
8:00-9:00 a.m.
Breakfast/Faculty Meeting
9:00-10:30 a.m.
Lecture/Demo: Working with Expert Witnesses
10:30-10:45 a.m.
Refreshment Break
10:45 a.m.-1:00 p.m.
Workshop 3: Direct Examination of Expert Witnesses
1:00-2:00 p.m.
Catered Lunch
2:00-4:15 p.m.
Workshop 4: Cross-Examination of Expert Witnesses
4:15-4:30 p.m.
Refreshment Break
4:30 p.m.
Team Meetings and Strategy Sessions to Prepare Case for Trial
Friday, May 22
7:30-8:30 a.m.
Registration and Breakfast
8:30 a.m.
Depart for Courthouse
9:00 a.m.-12:00 noon
Mock Trials at Courthouse
12:30-2:30 p.m.
Catered Lunch
Conference Information
Hotel
ABI has arranged for a special conference rate of $275 per night at the W Chicago - City Center. Reservations must be made by April 19, 2015, to secure the special conference rate. Reservations may be by contacting the W directly at (800) 627-9034 and mentioning the American Bankruptcy Institute room block. You can also book your room online here. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Location
Chicago-Kent College of Law
565 West Adams Street
Chicago, IL 60661-3691Symposium Attire
Business attire is required for the entire program.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 28, 2015. No refunds will be granted after April 28, but substitutions will be allowed. After April 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.
Continuing Education Credit
18.25 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 21.5 hours of general CLE credit 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 in the amount of 18.25 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 21.5 credit hours. 21.5 hours of CPE credit 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.
Co-Chairs
Mark M. Maloney
King & Spalding; Atlanta
Gregory R. Westfall
Grant Thornton LLP; New York
R. Scott Williams
Rumberger Kirk & Caldwell; Birmingham, Ala.
Faculty
Joseph M. Coleman
Kane Russell Coleman & Logan PC; Dallas
Hon. Mary Grace Diehl
U.S. Bankruptcy Court (N.D. Ga); Atlanta
Michael Fahlman
Grant Thornton LLP; Chandler, AZ
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Jay S. Geller
Law Office of Jay S. Geller; Portland, Maine
Dillon E. Jackson
Foster Pepper PLLC; Seattle
Melissa K. Knoll
Mesirow Financial Consulting, LLC; Chicago
Jordan A. Kroop
Perkins Coie LLP; Phoenix
Francis A. Monaco
Womble Carlyle Sandridge & Rice, LLP; Wilmington, Del.
Christian C. Onsager
Onsager | Guyerson | Fletcher | Johnson; Denver
Kenneth Pasquale
Stroock & Stroock & Lavan LLP; New York
Patricia A. Redmond
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.; Miami
Michael P. Richman
Hunton & Williams LLP; New York
Thomas J. Salerno
Gordon Silver; Phoenix
Brian L. Shaw
Shaw Fishman Glantz & Towbin LLC; Chicago
Catherine L. Steege
Jenner & Block LLP
Lynnette R. Warman
Culhane Meadows PLLC; Dallas
Hon. Gregg W. Zive
U.S. Bankruptcy Court (D. Nev.); Reno
Financial Professionals Registration
In addition to litigation training for attorneys, the Symposium is open to financial experts who want to enhance their skills in the area of litigation support and testimony. Financial experts will receive training from professionals who have developed expertise in this area. As a financial expert, you will get hands-on training on how to prepare for and give persuasive expert testimony in bankruptcy litigation matters, and on how to survive grueling cross-examination. Among other things, each financial expert will give testimony in multiple practice workshops throughout the week and will also work directly with the attorney teams in preparing testimony to be offered at a mock confirmation hearing before a federal bankruptcy judge in Chicago. This unique opportunity is limited to 12 financial experts on a first-come, first-served basis. These spaces will not last, so register early!
Rates
ABI Member$1,445New ABI Member*$1,720* Includes a one-year ABI membership — a $295 value! You must be an ABI member to attend. Membership is individual and nonrefundable.
Event Information 227067
Sunday, May 17
OVERVIEW AND INTRODUCTION TO THE FUNDAMENTALS OF BANKRUPTCY MEDIATION
2:00-2:30 p.m.
Welcome, Purpose and Goal-Setting
2:30-3:00 p.m.
Why Bankruptcy Mediation?
3:00-3:45 p.m.
The Role of a Bankruptcy Mediator — Developing a Mediator’s Mind
3:45-4:00 p.m.
Break
4:00-4:45 p.m.
Bankruptcy Mediation Overview: Definition, A Tale of Two Theories: Understanding Conflict-Resolution Ideology in Bankruptcy, Values, Anatomy of Mediation, Mediator’s Role — Lecture
4:45-6:00 p.m.
Effective Opening Statements and Agenda-Setting — Lecture and Exercise
6:00-6:30 p.m.
Beginning Mediator’s Skills: Promoting Effective Conflict Discourse
6:30-7:30 p.m.
Cocktail Reception
Monday, May 18
APPLICATION AND PRACTICE OF FUNDAMENTAL BANKRUPTCY MEDIATION SKILLS
9:30-9:45 a.m.
Reflections, Questions and Review of Day One
9:45-10:45 a.m.
Mediator’s Skills: Promoting Effective Conflict Discourse (cont’d.) — Lecture, Exercise and Simulation
10:45-11:00 a.m.
Break
11:00-11:15 a.m.
Physical and Organizational Considerations in Mediation
11:15 a.m.-12:30 p.m.
Role Play #1: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
Professional Bankruptcy Mediators: A Real World View of the Business and Profession of Mediation
It is both exiting and challenging to expand your bankruptcy practice to include mediation. Learn from respected professionals their development and marketing strategies to generate your mediation practice. (Bob Fishman, Richard E. Mikels, Jerry Markowitz and Scott Y. Stuart)
1:30-2:15 p.m.
Drafting Summary Letters
2:15-3:45 p.m.
Role Play #2: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
3:45-4:00 p.m.
Break
4:00-5:30 p.m.
Role Play #3: Chapter 13 — Simulation, Individual Group Debrief and Class Debrief
5:30-6:00 p.m.
Comparing and Contrasting the Mediation Challenges in Chapters 7 and 13
Tuesday, May 19
PRACTICE CHALLENGES IN BANKRUPTCY MEDIATIONS: VALUATIONS AND MULTI-PARTY MEDIATIONS
9:30-9:45 a.m.
Reflections, Questions and Review of Day Two
9:45-10:30 a.m.
Overcoming Valuation Impasses: Effective Strategies in Lieu of Mediator Evaluation
10:30-10:45 a.m.
Break
10:45-11:15 a.m.
Overcoming Valuation Impasses: Psychological Distortions that Interfere with Rational Decision-Making
11:15 a.m.-12:30 p.m.
Role Play #4: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
The Rise of Plan Mediation: Benefits and Pitfalls (Damian S. Schaible)
1:30-3:00 p.m.
Convening and Facilitating Multi-Party Mediations: Chapter 11 Bankruptcy Mediations
3:00-3:15 p.m.
Break
3:15-5:00 p.m.
Role Play #5: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
5:00-6:00 p.m.
Integrating Lessons Learned from Multi-Party Mediations
Wednesday, May 20
PRACTICE CHALLENGES IN MEDIATION: OVERCOMING FINAL IMPASSES AND ETHICS
9:30-9:45 a.m.
Reflections, Questions and Review of Day Three
9:45-10:45 a.m.
Strategies for Overcoming Final Impasses
10:45-11:00 a.m.
Break
11:00 a.m.-12:30 p.m.
Role Play #6: Chapter 11
12:30-1:30 p.m.
Working Lunch
Mediation Demonstration: Bridging the Gap (Ed Dobbs)
1:30-3:00 p.m.
Role Play #7
3:00-3:30 p.m.
Integrating Lessons Learned from Role Plays
3:30-3:45 p.m.
Break
3:45-6:00 p.m.
Clarifying the Blurry Ethical Contours of Bankruptcy Mediation and Confidentiality — Lecture and Exercise
Thursday, May 21
BANKRUPTCY MEDIATION: PRE-MEDIATION, ETHICS AND PUTTING IT ALL TOGETHER
9:30-9:45 a.m.
Reflections, Questions and Review of Day Four
9:45-10:45 a.m.
Optimizing the Use of Pre-Mediation Opportunities — Lecture and Exercise
10:45-11:00 a.m.
Break
11:00-12:30 p.m.
Role Play #8: Simulation, Individual Group Debrief and Class Debrief
12:30-2:00 p.m.
Working Lunch
Views from the Bench: The Complexity of Multi-Party Mediations in a Chapter 9 Bankruptcy ( Mr. Steven Rhodes)
2:00-3:30 p.m.
Role Play #9: Simulation, Individual Group Debrief and Class Debrief
3:30-4:00 p.m.
Overview Checklist
4:00-4:15 p.m.
Next Steps to Becoming a Professional Mediator
4:15-5:00 p.m.
Closing Ceremony
This schedule is subject to modification.
Faculty
Lead Trainer:
Prof. Elayne E. Greenberg
Assistant Dean for Dispute Resolution Programs
Professor of Legal Practice
Director of The Hugh L. Carey Center for Dispute Resolution
St. John’s University School of Law; New YorkLecturers:
C. Edward Dobbs
Parker, Hudson, Rainer & Dobbs LLP
Mr. Steven Rhodes (ret.)
U.S. Bankruptcy Court (E.D. Mich.)
Damian Schaible
Partner, Davis Polk Wardwell LLP
Coaches:
Robert M. Fishman
Shaw Fishman Glantz & Towbin LLC
Jerry M. Markowitz
Markowitz Ringel Trusty & Hartog, P.A.
Richard E. Mikels
Mintz Levin Cohn Ferris Glovsky and Popeo PC
Scott Y. Stuart
Garden City Group, Inc.
Conference Information
Attendance/Participation Policy
Participants are required to attend the entire 40 hours of training. If you cannot attend all 40 hours, please defer registering.
Hotel
Participants are responsible for their own travel and hotel arrangements. St. John's Manhattan Campus is located in the heart of the East Village. There are many boutique hotels near by as well as the W New York - Union Square and the Hyatt Union Square New York. These listings are provided for informational purposes only and are not vendor endorsements or recommendations.
Location
St. John's University School of Law, Manhattan Campus
101 Astor Place
New York, NY 10003
Building entrance is between 3rd and 4th Avenues.Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 24, 2015. No refunds will be granted after April 24, but substitutions will be allowed. After April 24, 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 Credit
33.75 hours of general CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 40.5 hours of general CLE credit, including 2.5 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 in the amount of 33.75 hours, of which 2.25 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 40.5 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. 40.5 hours of CPE credit, including 2.5 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. For information on tuition assistance, send an e-mail to [email protected].
Conference Rates
Registration Rates Early
(postmarked by 3/27/15)Regular
(after 3/27/15)ABI Member$3,295$3,400New ABI Member*$3,570$3,675*Includes a one-year ABI membership for first-time members — a $295 value! ABI membership is individual and nonrefundable. Expired members should select the member rate and renew their membership at renew.abi.org.
The Gold Standard of Bankruptcy Mediation Training
The ABI/St. John’s Bankruptcy Mediation Training program is designed to educate mediators about the theory, skills and specific practice challenges of bankruptcy mediation. Guided by a distinguished faculty of nationally respected bankruptcy jurists, practitioners and mediators, the ABI/St. John’s Mediation Training teaches the critical skills that are requisites for bankruptcy mediators. Our training faculty includes leaders in the field of mediation and bankruptcy. Lectures, exercises and simulations focus solely on bankruptcy conflicts.
Beyond the core skills that are essential for good mediators, participants will also learn about specialized bankruptcy issues inherent in bankruptcy mediations, including:
- Understanding the Anatomy of a Successful Bankruptcy Mediation
- Maximizing Pre-Mediation Opportunities
- Managing the Multi-Party Dynamics of Bankruptcy Mediation
- Analyzing Impasses in Bankruptcy and Applying Impasse-Breaking Skills
- Mediating Valuation Conflicts Without Having the Mediator Evaluate
- Distinguishing Between Writing Mediation Summaries and Drafting Agreements
- Defining Bankruptcy Mediation Ethics Within a Collegial Bankruptcy Community
- Maintaining Momentum and Ensuring Continuity in Multi-Session Mediations
During the 40 hours of this highly interactive four-day training, participants will develop an understanding of the practice of bankruptcy mediation through a combination of lectures, videos, demonstrations and supervised simulations. At the conclusion of the training, participants will receive a Certificate of Completion of ABI/St. John’s Bankruptcy Mediation Training, the Gold Standard of Bankruptcy Mediation Training. Participants will also receive a DVD of themselves in action during a mock mediation. As an added bonus, the training qualifies for continuing legal education credit*.
*In order to receive credit, participants are required to commit to attending the entire 40 hours of training.
Why Bankruptcy Mediation Training?
Bankruptcy judges, lawyers and financial advisors have a long-held and respected reputation of competently assessing the bottom line and settling their cases. However, despite bankruptcy professionals’ best efforts, sometimes cases are unable to be settled. For those cases, mediation can be the appropriate forum. Increasingly, bankruptcy courts are using mediation as a valuable adjunct to their case management to help resolve issues that even the most skilled bankruptcy professionals are unable to resolve. Consequently, there is a growing need for trained bankruptcy mediators.
Who Should Attend?
If you are a bankruptcy judge, lawyer or financial professional who is interested in applying your bankruptcy expertise, learning more about bankruptcy mediation and possibly becoming a bankruptcy mediator, or if you are already a mediator and would like to expand your skills into bankruptcy mediation, this training is for you.
Event Information 227158
Thursday, June 11
9:00 a.m.-5:00 p.m.
American Board of Certification Exams
3:00-6:00 p.m.
Optional Event: Young & New Members Pub Outing
Sponsored by McDonald Hopkins LLC
6:00-8:00 p.m.
Opening Reception
Sponsored by McGuireWoods LLP
Bars sponsored by Harney Management Partners, LLC and Sweet DeMarb LLC
Friday, June 12
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.
Principal Mistakes Attorneys Make in Litigation (A Judges Panel)
Oscar Wilde said that “experience is simply the name we give our mistakes”. This panel of Judges will address mistakes that attorneys make during litigation seen from the perspective of the bench.
Stuart A. Gold, Moderator
Gold Lange & Majoros, P.C.; Southfield, Mich
Hon. A. Benjamin Goldgar
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Hon. J. Philip Klingeberger
U.S. Bankruptcy Court (N.D. Ind.); Hammond
Hon. Pamela Pepper
U.S. District Court (E.D. Wis.); Milwaukee
Hon. Mark A. Randon
U.S. Bankruptcy Court (E.D. Mich.); Detroit
9:10-10:40 a.m.
Concurrent Sessions (6)
Loan-to-Own and Other § 363 Bidding and Acquisition Strategies; ABI Commission Final Report
Does a secure creditor engage in inequitable conduct if it acquires debt, or makes a loan with the intent to acquire the debtor rather than collect on the loan? This panel will discuss “Loan-to-Own” and other common and singular Section 363 bidding and acquisition strategies, including the pitfalls and advances of each.
Hon. John T. Gregg, Moderator
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Richard E. Kruger
Jaffe Raitt Heuer & Weiss; Southfield, Mich.
Stephen D. Lerner
Squire Patton Boggs; Cincinnati, Ohio
David M. Neff
Perkins Coie LLP; Chicago
David M. Powlen
Barnes & Thornburg LLP; Wilmington, Del.
To Wind Down or Not . . . in Court or Not . . . That Is the Question
Does an ABC Really save time and money? What about liability; or automatic stay? Can I just lock the door and walk away? This panel will discuss these questions and more including discussing timing, alternatives processes to bankruptcy, forcing an involuntary bankruptcy, tax liens and anti-assignment contract clauses and the professionals role in such processes.
Hon. Marci B. McIvor, Moderator
U.S. Bankruptcy Court (E.D. Mich.); Detroit
John A. Dischner
AlixPartners, LLP; Chicago
Daniel F. Dooley
MorrisAnderson; Chicago
Laura Marcero
Huron Consulting Group Inc.; Troy, Mich.
Hot Bankruptcy Topics Involving D&O and E&O Policies
This session will include a discussion of coverage, the need for coverage, covered and non-covered conduct. The panel will provide insight into common and esoteric issues in bankruptcy cases involving D&O and E&O policies, and trends that arise during a claim for D&O and E&O liability insurance coverage.
Scott A. Wolfson, Moderator
Wolfson Bolton PLLC; Troy, Mich.
Marc Carmel
Paul Hastings, LLP; Chicago
John C. Hoard
Rubin & Levin, P.C.; Indianapolis
Jason Horwitz
JLT Specialty; Denver, Co.
Effectiveness of Reaffirmation Agreements
Reaffirmations of both secured and unsecured obligations remain a major component of consumer bankruptcy practice. This panel will discuss the ins and outs of the reaffirmation process from the debtor’s, creditor’s and debtor’s attorney’s perspectives.
Hon. Laura K. Grandy, Moderator
U. S. Bankruptcy Court (S.D. Ill.); East Saint Louis
Karen E. Evangelista
Karen E. Evangelista, PC; Rochester, Mich.
Michael P. Hogan
Schneiderman & Sherman, P.C.; Farmington Hills, Mich.
Hon. John H. Squires (ret.)
SpringerBrown LLC; Wheaton, Ill.
Just How Much Is My Junk Worth? Proper Valuation under §§ 522 and 506
BAPCPA contained a number of provisions meant to assist the debtor in the art of valuation. The valuation process is more important than ever given recent Supreme Court rulings on exemption limits. This panel will revisit the statutory provisions of the Code and discuss recent cases dealing with the appropriate methodology to be employed by the debtor when completing the bankruptcy schedules — and how that valuation impacts the ultimate administration of the case by the trustee.
Hon. Thomas J. Tucker, Moderator
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Matthew Boyd
Kuhn Rogers PLC; Traverse City, Mich.
Lawrence A. Friedman
Friedman Partners LLC; Grayling, Mich.
Zane Zielinski
FactorLaw
Asset Protection (High Level Strategies & Problems)
This program analyzes the practical aspects of asset protection planning (i.e., what works and what does not). The program discusses practical goals and limitations of asset protection, including exposure points related to avoidance actions under the Uniform Fraudulent Transfer Act and Bankruptcy Code. The program will discuss various structures utilized, as well as the practical implications of such planning.
A. Todd Almassian, Moderator
Keller & Almassian, PLC; Grand Rapids, Mich.
William A. Ensing
Ensing Law Office; Lake Forest, Ill.
Gary A. Kanter
Dale & Gensburg, P.C.; Chicago
Barbara L. Yong
Golan & Christie; Chicago
10:40-11:00 a.m.
Refreshment Break
Sponsored by Wolfson Bolton PLLC
11:00 a.m.-12:15 p.m.
Concurrent Sessions (7)
Crucial Concepts in Drafting Contracts (Beyond the Basics)
This is not Contracts 101, but rather a panel discussion of the critical aspects of drafting contract that attorneys often forget. The panel shall discuss rules of contract construction including the last antecedent rule and its grammatical corollary, judicially adopted rules of interpretation. The panel will discuss how to avoid redundancies and ambiguities (including undefined terms) that create uncertainty and lead to costly and avoidable disputes. The program will discuss nuanced concepts which lead to more effective contracts.
Hon. Walter Shapero, Moderator
U. S. Bankruptcy Court (E.D. Mich.); Detroit
Jennifer P. Wolff
Godfrey & Kahn, S.C.; Milwaukee, Wis.
Prof. Matthew Bruckner
Howard University School of Law; Washington, D.C.
John R. Burns, III
Faegre Baker Daniels LLP; Indianapolis
Pre-Pack Bankruptcies Strategies and Problems
This panel will discuss the mechanics and pros and cons of pre-packaged plans, covering topics such as favoring secured creditors over unsecured, retaining previous directors and managers. The panel will discuss voting/solicitation requirements, prepack-specific first day motions, and notice requirements. The panel will discuss plan support agreements and the case law detailing the issues associated with a pre-packaged plan.
Hon. James M. Carr, Moderator
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis
Mark A. Berkoff
Neal, Gerber & Eisenberg, LLP; Chicago
Stephen M. Gross
McDonald Hopkins LLC; Bloomfield Hills, Mich.
Sheldon L. Solow
Kaye Scholer LLP; Chicago
Critical Concepts for Avoiding Lender Liability (What All Lenders Should Know)
Neither a borrower nor a lender be. But if you are a lender or borrower you need to avoid liability by adhering to policies, using checklists and knowing individual and institutional risks. Come explore the common and uncommon reasons why lenders face liability and ways to defend against and ways to prevent and minimize risks.
Hon. Daniel S. Opperman, Moderator
U.S. Bankruptcy Court (E.D. Mich.); Bay City and Flint
C. Daniel Motsinger
Krieg DeVault; Indianapolis
John A. Simon
Foley & Lardner LLP; Detroit
Alexander Terras
Reed Smith LLP; Chicago
Daniel J. Weiner
Schafer and Weiner, PLLC; Bloomfield Hills, Mich.
Ethics in Representing the Consumer Debtor
This panel will discuss the routine (and not-so-routine) issues that consumer bankruptcy practitioners face.
Hon. A. Benjamin Goldgar, Moderator
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Kimberly Bacher
Office of the U.S. Trustee; Chicago
Tracy M. Clark
Steinberg, Shapiro & Clark; Southfield, Mich.
Julia D. Loper
Baldi Berg, Ltd.; Chicago
Riding Through Bankruptcy: Another Look at § 521 and the Debtor’s Intentions
The statement of intent and its value to the bankruptcy process will be the focus of this panel’s discussion, along with an updated look at the so-called fourth option: the debtor’s ride-through.
Hon. Susan V. Kelley, Moderator
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Karen L. Rowse-Oberle
Butler, Butler & Rowse-Oberle, P.L.L.C.; Saint Clair Shores, Mich.
Jason P. Smalarz
Gold Lange & Majoros, P.C.; Southfield, Mich.
Thomas E. Springer
Springer Brown, LLC; Wheaton, Ill.
Is It or Is It Not Property of the Estate? § 541 Conundrums
Just what is and is not property of the estate? This panel will present a thorough review of § 541 and its application in real-world situations.
Hon. James W. Boyd, Moderator
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Joseph A. Baldi
Baldi Berg & Wallace, Ltd.; Chicago
Andrew W. Muller
Stinson Leonard Street LLP; Kansas City, Mo.
Claire Ann Resop
Steinhilber, Swanson & Resop; Madison, Wis.
Problems, Problems, Problems (Business)
Hon. Arthur I. Harris, Moderator
U.S. Bankruptcy Court (N.D. Ohio); Cleveland
11:00 a.m.-5:00 p.m.
Downtown Traverse City Shuttle Service
Sponsored by Gold Lange & Majoros, P.C.
12:15-2:15 p.m.
Optional Event: Family Picnic
Sponsored by Shaw Fishman Glantz & Towbin LLC
Entertainment sponsored by Day Rettig Peiffer, P.C.
1:00 p.m
Optional Event: Golf Tournament
Hole Sponsors: Bingham Greenebaum Doll LLP, Bradshaw, Fowler, Proctor & Fairgrave, P.C. and Dale & Eke, P.C.
Beverage Cart sponsored by Faegre Baker Daniels LLP
2:00-6:00 p.m.
Optional Event: Wine Tour
Sponsored by Dykema Gossett PLLC
2:30-5:00 p.m.
Optional Event: Pirates Cove Adventure Outing
Sponsored by Alderney Advisors, LLC
6:30-9:00 p.m.
Optional Event: Cherry Capital Dine-Around (McGee’s No. 72, Georgina's)
Sponsored by Godfrey & Kahn, S.C.
8:00-10:00 p.m.
Dessert Reception
Sponsored by Jenner & Block
Entertainment Sponsored by Ice Miller LLP
Saturday, June 13
7:30-8:30 a.m.
Breakfast
Sponsored by Perkins Coie LLP
7:45-8:00 a.m.
Morning Announcements
8:00-9:30 a.m.
The Intersection of Ethics & Discovery (What Attorneys Need to Know)
This panel will cover the critical relationship between professional responsibility and rules of discovery. The panel will discuss the pitfalls and common mistakes that attorneys make with digital discovery and electronic evidence.
Sheryl L. Toby, Moderator
Dykema Gossett PLLC; Detroit
Judy B. Calton
Honigman Miller Schwartz and Cohn LLP; Detroit
Hon. Donald R. Cassling
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Philip H. Cohen
Greenberg Traurig, LLP; New York
Vincent E. Lazar
Jenner & Block; Chicago
9:40-11:00 a.m.
Repeat Concurrent Sessions (6)
Crucial Concepts in Drafting Contracts (Beyond the Basics)
Pre-Pack Bankruptcies Strategies and Problems
Critical Concepts for Avoiding Lender Liability (What All Lenders Should Know)
Ethics in Representing the Consumer Debtor
Riding Through Bankruptcy: Another Look at § 521 and the Debtor’s Intentions
Is It or Is It Not Property of the Estate? § 541 Conundrums
Concurrent Session
Problems, Problems, Problems (Consumer)
Hon. Mary Ann Whipple, Moderator
U.S. Bankruptcy Court (N.D. Ohio); Toledo
11:00-11:15 a.m.
Refreshment Break
Sponsored by Lambert Leser, Attorneys at Law
11:00 a.m.-5:00 p.m.
Downtown Traverse City Shuttle Service
Sponsored by Murphy Desmond Lawyers S.C.
11:15 a.m.-12:30 p.m.
Repeat Concurrent Sessions (6)
Loan-to-Own and Other § 363 Bidding and Acquisition Strategies; ABI Commission Final Report
To Wind Down or Not … in Court or Not … That Is the Question
Hot Bankruptcy Topics Involving D&O and E&O Policies
Effectiveness of Reaffirmation Agreements
Just How Much Is My Junk Worth? Proper Valuation under §§ 522 and 506
Asset Protection (High Level Strategies & Problems)
2:00-3:30 p.m.
Optional Event: Ice Cream Social
Sponsored by FactorLaw and Schafer and Weiner, PLLC
2:00-4:30 p.m.
Optional Event
2:00-5:00 p.m.
Optional Event: 2nd Annual Tour de ABI Bicycling Outing
Sponsored by Commercial Recovery Associates, LLC and Law Office of Deborah K. Ebner
6:15-10:00 p.m.
Optional Event: Kids’ Night Out
6:30-9:00 p.m.
Optional Event: Cherry Capital Dine-Around (The Boathouse)
8:30-10:30 p.m.
Optional Event: S’mores on the Shores Social
Sponsored by AlixPartners LLP
Sunday, June 14
8:30-10:00 a.m.
Breakfast with a Judge
Sponsored by Greenberg Traurig, LLP
Hon. James W. Boyd
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Hon. James M. Carr
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis
Hon. Donald R. Cassling
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Hon. A. Benjamin Goldgar
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Hon. Laura K. Grandy
U. S. Bankruptcy Court (S.D. Ill.); East Saint Louis
Hon. John T. Gregg
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Hon. Susan V. Kelley
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Hon. J. Philip Klingeberger
U.S. Bankruptcy Court (N.D. Ind.); Hammond
Hon. Marci B. McIvor
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Hon. Daniel S. Opperman
U.S. Bankruptcy Court (E.D. Mich.); Bay City
Hon. Pamela Pepper
U.S. District Court (E.D. Wis.); Milwaukee
Hon. Mark A. Randon
U.S. Bankruptcy Court (E.D. Mich.): Detroit
Hon. Walter Shapero
U. S. Bankruptcy Court (E.D. Mich.); Detroit
Hon. Thomas J. Tucker
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Hon. Mary Ann Whipple
U.S. Bankruptcy Court (N.D. Ohio); Toledo
10:00 a.m.
Adjourn
Optional Events
Young & New Members Pub Outing
Thursday, June 11, 3:00-6:00 p.m.
Sponsored by McDonald Hopkins LLC
A perennial favorite! Join us as we visit two of Michigan’s premier breweries: Right Brain Brewery and The Filling Station. #BeerNoEvil with Right Brain Brewery, voted one of the “Top 10 Best Breweries in Michigan.” The Filling Station features a rotating list of at least 10 craft beers, as well as views of Boardman Lake from both inside the pub and out on the patio. The $40-per-person fee includes transportation and sampler flights at both stops. Please check the appropriate box on the registration form.
Family Picnic
Friday, June 12, 12:00-2:00 p.m.
Sponsored by Shaw Fishman Glantz & Towbin LLC
Entertainment sponsored by Day Rettig Peiffer, P.C.
If you like summer treats, then you’ll love our Family Picnic. Food, fun and entertainment will be provided for all! Please check the appropriate box on the registration form.
Golf Tournament
Friday, June 12, 1:00 p.m.
Hole Sponsors: Bingham Greenebaum Doll LLP, Bradshaw, Fowler, Proctor & Fairgrave, P.C. and Dale & Eke, P.C.
Beverage Cart sponsored by Faegre Baker Daniels LLP
Spruce Run, Grand Traverse Resort and Spa’s original resort course, was named as such in 1992 as an ode to the numerous fir and spruce trees that line its fairways and undulating greens. More forgiving than The Bear, Spruce Run is fun to play, yet still retains some of the challenges it was renowned for when it was the venue for the Michigan Open. It winds among the rolling hills surrounding the hotel and overlooks East Grand Traverse Bay. Water comes into play on 13 of the holes, and the 8th Hole is the only hole on the course with no bunkers. The $150-per-player fee includes green fee and cart, boxed lunch and beverage, and prizes. Please check the appropriate box on the registration form to play, and indicate your handicap. For those participating in the 2015 ABI Golf Tour, this will be the second stop leading to the 2015 Great American Cup. Please check the ABI Golf Tour box on the registration form to participate. For more information on the tour, see golf.abi.org.
Wine Tour
Friday, June 12, 2:00-6:00 p.m.
Sponsored by Dykema Gossett PLLC
Another annual favorite! Get a taste of the Old Mission Peninsula as we visit Bonobo Winery, Bower’s Harbor and Chateau Chantal. Bonobo Winery is one of the newest additions to the Peninsula and was co-founded by HGTV Star Carter Oosterhouse. Our next stop will be family-run Bower’s Harbor, followed by a visit to Chateau Chantal, which features breathtaking views of the East and West Bays. The cost is $50 per person and includes transportation, tour, tastings and gratuity. Please check the appropriate box on the registration form.
Pirates Cove Adventure Outing
Friday, June 12, 2:30-5:00 p.m.
Sponsored by Alderney Advisors, LLC
It’s a Paaarty! Join us for some swashbuckling fun at Pirates Cove Adventure Golf. The cost is $45 per person, which includes transportation and includes tickets of one zip line, one ropes course, one bumper boat ride and one go-cart ride. Please check the appropriate box on the registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Cherry Capital Dine-Around
Friday, June 12, 6:30-9:00 p.m.
Saturday, June 13, 6:30-9:00 p.m.
Sponsored by Godfrey & Kahn, S.C.
Get out and sample four of the area’s most popular restaurants! Space is limited to 12 participants per restaurant.
Friday Night: Newbies
McGee’s No. 72: All-American fare, with seafood, steaks, poultry and pasta. The cost is $55 per person and includes transportation, dinner, two drinks and gratuity. Please check the appropriate box on the registration form.
Georgina's: Georgina's is an intimate, brick-walled eatery with creative Latin & Asian fusion dishes. The cost is $60 per person and includes transportation, dinner, two drinks and gratuity. Please check the appropriate box on the registration form.
Saturday Night: Old Mission Peninsula Favorites
The Boathouse: Exceptional waterfront dining with delightful views of the docks and bay through wide-open windows. Indoors, the charming décor invokes a relaxed cottage atmosphere. The cost is $65 per person and includes transportation, dinner, two drinks and gratuity. Please check the appropriate box on the registration form.
Tour de ABI Bicycling Outing
Saturday, June 13, 2:00-5:00 p.m.
Sponsored by Commercial Recovery Associates, LLC and Law Office of Deborah K. Ebner
The $15-per-person fee includes guide, snack and gratuities. If you need to rent a bike, please contact Einstein Cycles by May 27th at (231) 421-8148 or by e-mail at [email protected].
Ice Cream Social
Saturday, June 13, 2:00-3:30 p.m.
Sponsored by FactorLaw and Schafer and Weiner, PLLC
Ice Scream, You Scream, We all scream for ice cream! Make your own sundae, and enjoy the sweet side of summer. The cost is $10 per person. Please check the appropriate box on the registration form.
Kids’ Night Out
Saturday, June 13, 6:15-10:00 p.m.
Date night! Kids ages 6+ will enjoy dinner and a movie while you enjoy a night out on the town or a peaceful night at the resort. The cost is $35 per child. Please check the appropriate box on the registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
S’mores on the Shores Social
Saturday, June 13, 8:30-10:30 p.m.
Sponsored by AlixPartners LLP
Join us for “s’more” networking on Saturday night! We’ll be at The Shores roasting marshmallows by the fire — a sweet ending to our last night in Traverse City! The cost is FREE for attendees, $15 for adult guests and $10 for children 12 and under. Please check the appropriate box on the registration form.
Workshop Chairs
Hon. Daniel S. Opperman, Judicial Chair
U.S. Bankruptcy Court (E.D. Mich.); Bay City
Matthew T. Gensburg, Program Chair
Greenberg Traurig, LLP; Chicago
Hon. Donald R. Cassling, Judicial Board Chair
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Stuart A. Gold, Advisory Board Chair
Gold Lange & Majoros, P.C.; Southfield, Mich.
2015 Advisory Board
Carla O. Andres
Godfrey & Kahn, S.C.; Green Bay, Wis.
Bernadette M. Barron
Barron Business Consulting; Chicago
Chris L. Blacker
AlixPartners, LLP; Chicago
Winnifred P. Boylan
Lambert Leser, Attorneys at Law; Bay City, Mich.
Hon. John T. Gregg
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Stephen M. Gross
McDonald Hopkins LLC; Bloomfield Hills, Mich.
Terry E. Hall
Faegre Baker Daniels LLP; Indianapolis
Richard E. Kruger
Jaffe Raitt Heuer Weiss; Southfield, Mich.
Richard S. Lauter
Freeborn & Peters LLP; Chicago
Barry P. Lefkowitz
BL Consultants; Birmingham, Mich.
Douglas L. Lutz
Frost Brown Todd LLC; Cincinnati
Laura Marcero
Huron Consulting Group Inc.; Troy, Mich.
Hon. Marci B. McIvor
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Anne B. Miller
Fishman Miller PC; Lake in the Hills, Ill.
Alex D. Moglia
Moglia Advisors; Schaumburg, Ill.
C. Daniel Motsinger
Krieg DeVault; Indianapolis
Richard D. Nelson
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
David M. Powlen
Barnes & Thornburg LLP; Wilmington, Del.
Mark L. Radtke
Shaw Fishman Glantz & Towbin LLC; Chicago
Claire Ann Resop
Steinhilber, Swanson & Resop; Madison, Wis.
Shawn M. Riley
McDonald Hopkins LLC; Cleveland
Hon. John H. Squires (ret.)
Springer Brown, LLC; Wheaton, Ill.
Paul G. Swanson
Steinhilber, Swanson & Resop
Sheryl L. Toby
Dykema Gossett PLLC; Bloomfield Hills, Mich.
Robert A. Weisberg
Carson Fischer, P.L.C.; Bloomfield Hills, Mich.
Hon. Mary Ann Whipple
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Conference Information
Hotel
The Grand Traverse Resort and Spa is regarded as one of Michigan’s premier vacation destinations. It has been ranked among the nation’s finest resorts, with accolades from Golf Digest, USA Today, Family Circle, Condé Nast, Travel + Leisure and more. ABI has arranged a special conference rate of $192 single/double (Hotel rooms) and $221 single/double (Tower rooms) per night. Make your reservations by May 10, 2015, to secure these special rates. ABI cannot guarantee anyone a room after the May 10 cut-off or after the specially rated ABI block has been filled. You will receive a special room reservation link after you have registered with ABI.
Spa Discount: The Grand Traverse Resort and Spa has graciously extended attendees a 10% discount off spa treatments valued at $99 or more. To receive the 10% group discount, make your appointment with the Spa at (800) 748-0303, ext. 6750, or [email protected], and print/bring the voucher found here: Spa Discount Voucher.
Travel
Air:
The Grand Traverse Resort is just six miles northeast of Traverse City, Mich., and 10 minutes from Traverse City’s Cherry Capital Airport (TVC). For guests who are flying in, the resort offers complimentary Airport Shuttle service to and from the resort. Contact the front desk at (800) 236-1577 to reserve shuttle service. Driving time from Detroit and Chicago is between 4-6 hours.
United Airlines Discount:
You may book online at www.united.com and enter your Offer Code ZUSU670949 in the Offer Code box when searching for your flights.
Ground Transportation:
Rental car discounts are available with the following companies: Avis: www.avis.com, worldwide discount number (AWD) T312900; Budget: www.budget.com, discount number (BCD) Z823091; and Enterprise: www.enterprise.com, discount account number EHSB16A, pin ENT.
Continuing Education Credit
9.5 hours of general CLE credit, including 2.75 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 11.5 hours of general CLE credit, including 3 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 in the amount of 9.5 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 11.5 credit hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. 11.5 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 in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 May 21, 2015. No refunds will be granted after May 21, but substitutions will be allowed. After May 21, 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.
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at the Grand Traverse Resort and Spa on June 11, 2015, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at 319) 365-2222, by e-mailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
Platinum Sponsors
AlixPartners LLP
Clark Hill PLC
Faegre Baker Daniels LLP
Freeborn & Peters LLP
Greenberg Traurig, LLP
Jaffe Raitt Heuer Weiss
Jenner & Block
Krieg DeVault
Lambert Leser, Attorneys at Law
McGuireWoods LLP
MorrisAndersonO’Keefe
Perkins Coie LLP
Shaw Fishman Glantz & Towbin LLC
Steinhilber, Swanson & Resop
Summit Investment Management LLC
Wolfson Bolton PLLCGold Sponsors
Barnes & Thornburg LLP
Carlson Dash LLC
FactorLaw
Godfrey & Kahn, S.C.
Harney Management Partners, LLC
Ice Miller LLP
McDonald Hopkins LLC
Sweet DeMarb LLC
von Briesen & Roper, s.c.
Warner Norcross & Judd LLPSilver Sponsors
Alderney Advisors, LLC
Bingham Greenebaum Doll LLP
Bradshaw, Fowler, Proctor & Fairgrave, P.C.
Commercial Recovery Associates, LLC
Dale & Eke, P.C.
Day Rettig Peiffer, P.C.
Dykema Gossett PLLC
Gold Lange & Majoros, P.C.
Lakelaw
Law Office of Deborah K. Ebner
The Law Offices of Roger Higgins, LLC
Miller, Canfield, Paddock & Stone, PLC
Murphy Desmond Lawyers S.C.Steinberg Shapiro & Clark
Supporting Sponsor
Plunkett Cooney
Special Thanks
We extend our special thanks to Bloomberg BRIEF and The Wall Street Journal for the media partnership, Conway MacKenzie for the educational materials on thumb drives, Donlin, Recano & Company, Inc. for the conference app, Sherwood Partners, LLC/agencyIP for sponsoring the exhibit hall, Thomson Reuters for providing the printed educational materials and Wilmington Trust for the tote bags.
Rates
Registration Rates Early
(postmarked by 4/17/15)Regular
(4/18/15- 5/15/15)Late
(after 5/15/15)ABI Member$595$645$695Govt./Academic/Nonprofit ABI Member$375$425$475New ABI Member*$870$920$970Govt./Academic/Nonprofit New ABI Member*$470$520$570There will be a $50 fee added to all on-site registrations.
* Includes a one-year ABI membership for first-time members — a $275 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**$1,200New ABI Member Exhibitor Registration***$1,495Additional Booth Representative$300** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’table, full registration for one booth representative AND one-year ABI membership.
Optional Events
PriceAttendeeGuest 1Guest 2Young & New Members Pub Outing
$40Opening ReceptionGuestChild (12 and under)
$0$40$20Family Picnic$0Golf TournamentHandicap ____$150ABI Golf TourHandicap ____$150 Wine Tour$50Pirates Cove Adventure Outing$45Friday Cherry Capital Dine-Around
McGee’s No. 72The Franklin$55
$60
Dessert Reception
GuestChild (12 and under)$0
$15
$10
Ice Cream Social$102nd Annual Tour de ABI Bicycling Outing$15Kids’ Night Out$35Saturday Cherry Capital Dine-Around
The Boathouse$65
S’mores on the Shores Social
GuestChild (12 and under)$0
$15
$10
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.
Event Information 227494
Monday, October 19, 2015
8:00 a.m.
Registration Opens
8:00 a.m.
Welcome Breakfast
9:00-9:15 a.m.
Introductions
9:15-9:45 a.m.
Keynote Speaker
Xiqing Gao
Professor of Tsinghua University Law School; former Vice Chairman and President of China Investment Corporation
Professor Li Shuguang
Dean of Graduate School of China University of Political Science and Law Director of Bankruptcy Law & Restructuring Research Center, China University of Political Science and Law
9:45-10:00 a.m.
Networking Coffee Break
10:00-10:55 a.m.
Overview of PRC Restructuring Law
The fundamentals of PRC restructuring law and practice will be addressed. The discussion will highlight significant elements of PRC restructuring law and provide insight into the roles of the various parties in interest in PRC restructurings.
Xiaowei Ye, Moderator
Morgan, Lewis & Bockius; Beijing
Charles Booth
Professor, William S. Richardson School of Law, University of Hawai’i at Manoa & Special Counsel, Sheppard Mullin; Hawaii, USA
Professor Li Shuguang
Dean of Graduate School of China University of Political Science and Law Director of Bankruptcy Law & Restructuring Research Center, China University of Political Science and Law
Hon. Zhang Yongjian
Second Civil Division, the People’s Supreme Court of China; Beijing
11:00-12:00 p.m.
Cross-Border Restructurings Involving China
As commercial transactions with China expand exponentially, so will restructurings having cross-border implications. Significant recent multi-national restructurings will be addressed, as will the important issues raised by those restructurings.
Patrick Cowley, Moderator
KPMG; Hong Kong
Jeffrey D. Prol
Lowenstein Sandler LLP; New York, USA
Eliot Simpson
Appleby; Hong Kong
12:00-1:30 p.m.
Lunch
Sponsored by Lowenstein Sandler LLP
1:45-2:55 p.m.
Important Current Issues in PRC Restructurings
Key current topics in PRC restructurings will be explored. What are the trends and what are the hot issues? This discussion is a must-see for those encountering PRC restructurings.
Liang Xu, Moderator
Hogan Lovells; Beijing
Jiang Liu
China Cinda Asset Management Co., Ltd; Beijing
Alex R. Rovira
Sidley Austin LLP; Hong Kong
Su Xiaoyong
Senior Manager, China Huarong Asset Management Corporation Legal Department
3:00-4:00 p.m.
Restructuring Issues in Key Industries: Property, Solar, Coal and Steel
Certain industries in China have begun to experience more restructurings. What issues are important in those restructurings and how are those restructurings being accomplished?
Shaun Langhorne, Moderator
Hogan Lovells Lee & Lee; Singapore
Han Chuanhua
Beijing Zhongzi Law Firm; Beijing
Marcus Paciocco
FTI Consulting; Shanghai
D. Farrington Yates
Dentons; New York, USA
4:00-4:15 p.m.
Networking Refreshment Break
4:15-5:15 p.m.
Financing Chinese Companies - PRC, Hong Kong and Elsewhere: Current Issues and Trends
Financing is the life-blood of companies and is especially critical in restructurings. How is financing accomplished in these situations? What is possible and practical in the context of debt and equity financing of Chinese companies?
Andrew Koo, Moderator
Ernst & Young; Shanghai
Lisa M. Poulin
Deloitte CRG; Virginia, USA
Alec P. Tracy
Skadden, Arps, Slate, Meagher & Flom LLP; Hong Kong
5:30-7:00 p.m.
IWIRC Cocktail Reception
7:00-10:00 p.m.
Banquet Dinner
Sponsored by FTI Consulting
Tuesday, October 20, 2015
8:15-9:15 a.m.
Continental Breakfast
9:00-9:15 a.m.
Morning Announcements and Remarks
9:15-10:15 a.m.
PRC Restructuring: Case Studies
Significant PRC Restructurings will be examined. What worked and what did not? Lessons learned will be explored.
Ian Mann, Moderator
Harneys; Hong Kong
Richard S. Klein
Jefferies LLC; New York, USA
Xu Meizheng
Integrity Financial Consulting
Tiffany Wong
KPMG; Hong Kong
10:15-10:45 a.m.
Coffee Break
10:45-11:45 a.m.
Outbound Activity: Chinese Participation in Western Restructurings and Insolvencies
Increasingly, China-based entities are undertaking commercial, transactional and financing activities outside of China, including in the restructuring context. What issues are important in these matters? Which industries and areas will see more activity? How are these transactions being done? This panel will address these issues.
Malhar S. Pagay
Pachulski Stang Ziehl & Jones LLP; Los Angeles, USA
Howard Zhang
Davis Polk & Wardwell LLP; Beijing
Roy G. Zou
Hogan Lovells International; Beijing, China
12:00-1:30 p.m.
Luncheon with Panel: The Future
Sponsored by KPMG
What does the future hold for Chinese restructurings? What will the next 24 months see? What are the trends and direction for the longer term? The future of Chinese restructurings, both domestic and cross-border, will be explored.
Andrew McGinty, Moderator
Hogan Lovells; Shanghai
Brent C. Carlson
AlixPartners LLP; California, USA
Weimin Chen
Houlihan Lokey; Beijing/Hong Kong
Program Chair
Ronald J. Silverman
Hogan Lovells US LLP; New York
Conference Information
Location:
The event will be held at the Ritz-Carlton, Beijing located at 83A Jian Guo Road, China Central Place, Chaoyang District, Beijing 100025, China. For a map and directions, please visit the hotel website: www.ritzcarlton.com/en/Properties/Beijing/Information/Directions/Default.htm
Hotel Accommodations:
Embark on a world adventure in the heart of the thriving commercial Chaoyang District at The Ritz-Carlton, Beijing. It is a five-star international hotel and is one of the premier City Centre hotels. ABI has arranged a special conference rate of CNY 1,600/single and CNY 1,700 Double per (approx. $260/$275 USD) per night. Make your reservations by October 9, 2015, to secure this special rate. 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. ABI cannot guarantee anyone a room after the October 9 cut-off or after the specially rated ABI block has been filled.
Airport Information
Beijing Capital International Airport (PEK) is the main international airport serving Beijing.
Important Travel Information
Please review the following important travel information prior to your departure here: ABI Beijing Travel Information. This includes the following:
- What to Pack
- Tipping
- Currency/Banking Information
- Security/Cybersecurity
- Air Quality
- Chinese Etiquette
Continuing Education Credit
8.25 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 10 hours of general CLE credit 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 in the amount of 8.25 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 10 hours of credit, which can be applied toward professional practice. 10 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees have some 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 complaints and refunds, please contact the American Bankruptcy Institute at (703) 739-0800.
Travel Services
For assistance with Airport Transfers and Excursions (site seeing, shopping, etc.), please contact MJ Wang with WCT Events at [email protected]. http://www.wctevents.com/
Passport and Visa Requirements
You will need a valid passport and visa for visiting China. You may apply for a Category F (Business) Visa at the Chinese Embassy, or at the nearest consulate general. It may take a few days or weeks to get your visa. For detailed information, please contact your local Embassy or Consulate. Your passport must not expire within 6 months and must have at least 2 blank visa pages. If you do not have the proper blank visa pages in your passport, you must first amend your passport to have pages added. If your passport will expires within 6 months, you should apply for a renewal immediately, as Chinese government regulations stipulate that visas may only be granted to applicants whose passports are valid for at least six months after their planned departure from China.
For your Visa application, our event will be held at the Ritz-Carlton, Beijing hotel. The address is 83A Jian Guo Road, China Central Place, Chaoyang District, Beijing 100025, China.
Visa Expediters
If you don't have time to apply for a Visa in person, there are expediters who can speed up the process of your application. Rates vary but are typically around $100. http://chinavisas.abriggs.com/visas/c/china_visa.php
Business Invitation
If your firm has an office in China, please obtain a letter of business invitation internally. If your firm does not have a China office, please send an e-mail to Elizabeth Carden at [email protected]. You will need to provide the scanned copy of the first page of the passport as well as the following information in the email in order to receive the invitation letter:
- Full name
- Nationality
- Gender
- Date of Birth
- Passport ID Number
- Date of Issue for Passport
- Date of Expiration for Passport
- Purpose of the Visit
- Date of Arrival and Departure
- Who will bear the cost of the Applicant's Accommodations in China
- Places to Visit outside of Beijing
- Relationship of Applicant to Inviter
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. All applications for financial assistance must be submitted by June 1, 2015. 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 28, 2015. No refunds will be granted after September 28, but substitutions will be allowed. After September 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. Please let us know if you need anything else.
2015 Symposium Rates
Registration Rates Early
(postmarked by September 18)Regular
(after September 18)ABI Member $895 $945 New ABI Member* $990 $1,040 *Includes a one-year ABI International membership for first-time members outside of North America only- a $95 value.
Optional Events Attendee Guest Banquet Dinner FREE $150.00 Event Information 227666
Thursday, July 23
9:00 a.m.-5:00 p.m.
American Board of Certification Exams
6:00-8:00 p.m.
Opening Reception
Sponsored by Adams and Reese LLP and Osborn Group, LLC
8:30-10:00 p.m.
S’Mores and Stars Evening Social
Sponsored by Kilpatrick Townsend & Stockton LLP and Kozyak Tropin & Throckmorton, LLP
Friday, July 24
7:00-8:00 a.m.
Breakfast
Sponsored by Greenberg Traurig, LLP
7:30-9:00 a.m.
Plenary Session
The Future of Bankruptcy - The Good, the Bad and The Supreme Court's View
Hear from a noted Supreme Court scholar and the Reporter to the ABI's Commission to Study the Reform of Chapter 11.
G. Eric Brunstad, Jr.
Dechert LLP; Hartford, Conn.
Prof. Michelle M. Harner
University of Maryland School of Law; Baltimore
9:00 a.m.-5:00 p.m.
Beach Day
Enjoy a reserved beach area for Southeast Bankruptcy Workshop attendees, with chairs, towels, umbrellas and some beach games courtesy of Deloitte CRG.
9:00-9:15 a.m.
Refreshment Break
Sponsored by Stichter, Riedel, Blain & Prosser, P.A.
9:15-10:45 a.m.
Concurrent Sessions (4)
When Health Care Goes on Life Support: The Intersection Between Health Care and Bankruptcy Law
Health care bankruptcy filings went up 38 percent between 2010-14. This panel will examine current issues facing the health care industry and the intersection of health care law and bankruptcy. Topics will include 363 sales, reorganization, issues related to provider agreements, regulatory issues and health care ombudsmen.
Elizabeth A. Green, Moderator
BakerHostetler; Orlando, Fla.
Thomas W. Waldrep, Jr.
Womble Carlyle Sandridge & Rice, LLP; Winston-Salem, N.C.
Jane Jordan
Chief Counsel for Health Affairs, Emory University; Atlanta
Louis E. Robichaux, IV
Deloitte Financial Advisory Services LLP; Dallas
Receiverships and Bankruptcy: Between Scylla and Charybdis
This panel will discuss the increasingly prevalent use of receiverships under state and federal law by lenders to distressed companies as an alternative to bankruptcy. But the two schemes are not mutually exclusive, and sometimes they collide. The panel will explore the various legal and practical differences, benefits and disadvantages of receiverships vs. bankruptcy, and issues that arise when the two meet.
Eric W. Anderson, Moderator
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Leyza F. Blanco
GrayRobinson, P.A.; Miami
Charles R. Goldstein
Protiviti Inc.; Baltimore
J. Michael Levengood
Law Office of J. Michael Levengood, LLC; Lawrenceville, Ga.
“Get Me Out of This Eleven!” Dealing with Bad-Faith Filings in Chapter 11 Cases
This panel will explore how to navigate the myriad issues caused by bad-faith chapter 11 filings and will discuss current case law and trends, including how and when a case should be dismissed, whether a business entity can be formed by real estate investors solely to file a chapter 11 bankruptcy, venue-shopping and a host of other issues.
Melissa A. Youngman, Moderator
Wilson Elser Moskowitz Edelman & Dicker LLP
Mark A. Craige
Crowe & Dunlevy; Tulsa, Okla.
Robert C. Goodrich, Jr.
Burr & Forman LLP; Nashville, Tenn.
Hon. James J. Robinson
U.S. Bankruptcy Court (N.D. Ala.); Anniston
Consumer Tax Toolbox: What Wrenches, Hammers and Nails Do You Need to Deal with Consumer Tax issues
This panel will provide updates on the law and suggest the necessary tools for your consumer tax toolbox, in particular chapter 7 vs. chapter 13, what happens to IRS claims after discharge, offers in compromise, when creditors can send a 1099, whether a debtor can ask a creditor not to send 1099 as part of a settlement; and other thorny tax issues frequently facing consumer bankruptcy lawyers.
Christine L. Myatt, Moderator
Nexsen Pruet; Greensboro, N.C.
Leon S. Jones
Jones & Walden, LLC; Atlanta
Prof. Jack F. Williams.
Georgia State University/Mesirow Financial Consulting, LLC; Atlanta
10:45-11:00 a.m.
Refreshment Break
Sponsored by Nelson Mullins Riley & Scarborough LLP
11:00 a.m.-12:30 p.m.
Concurrent Sessions (4)
Time for Trial: Evidentiary Issues in Bankruptcy Litigation
This panel, which includes a bankruptcy judge, experienced litigators, and an expert witness, will explore through a mock trial various evidentiary issues that routinely arise in trials in bankruptcy court.
Hon. Benjamin A. Kahn, Moderator
U.S. Bankruptcy Court (M.D.N.C.); Greensboro
Jacob A. Brown
Akerman; Jacksonville, Fla.
Melissa Davis
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Amy Denton Harris
Stichter, Riedel, Blain & Prosser, P.A.; Tampa, Fla.
Shelley A. Kinsella
Elliott Greenleaf; Wilmington, Del.
It's All About That Till, ’Bout That Till, ’Bout That Till...
This panel will discuss why experts are needed for cramdown analysis and other plan-confirmation issues raised by the Supreme Court’s decision in Till, including how to identify, select, prepare and present experts on Till confirmation issues.
John M. Duck, Moderator
Adams and Reese LLP; New Orleans
Richard B. Gaudet
HDH Advisors, LLC; Atlanta
Franklind Davis Lea
Tactical Financial Consulting, LLC; Alpharetta, Ga.
Mark G. Stingley
Bryan Cave LLP; Kansas City, Mo.
Yes, but Don’t Forget the Kitchen Sink: Secured Creditors’ Right to Recover Principal + Interest + Default Interest + Original Issue Discount + Late Fees + Prepayment Premiums + Fees + Expenses
This panel will examine and discuss the rights of oversecured lenders to obtain recoveries that go beyond principal and ordinary interest and recent case law dealing. The panel will focus on the right of oversecured lenders to recover late fees, reimbursement of attorneys’ fees, make-whole provisions/pre-payment premiums, original issue discounts and default interest.
David A. Wender, Moderator
Alston & Bird LLP; Atlanta
Sarah R. Borders
King & Spalding; Atlanta
Terri L. Gardner
Nelson Mullins Riley & Scarborough LLP; Raleigh, N.C.
Felton E. Parrish
Winston & Strawn LLP; Charlotte, N.C.
Daniel D. Sparks
Christian & Small LLP; Birmingham, Ala.
CONSUMER TRACK: “What Is Hot in July Besides the Weather? Litigation in Consumer Cases, Part I
This two-part panel will cover a potpourri of current hot topics being litigated in chapter 7 and 13 cases, with a special focus on LVNV v. Crawford and related litigation, consumer protection (including the basics of credit reporting and regulatory actions), mortgage modifications and post-discharge actions, and the UST’s enforcement activities.
Nancy Whaley, Moderator
Office of Nancy J. Whaley, Standing Chapter 13 Trustee; Atlanta
Alane A. Becket
Becket & Lee, LLP; Malvern, Pa.
Matthew T. Berry
Berry & Associates; Atlanta
Jeffery W. Cavender
Troutman Sanders LLP, Atlanta
Hon. Mary Grace Diehl
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
John R. Lehman, II
Regions Bank; Hoover, Ala.
Joann Needleman
Maurice & Needleman, PC; Philadelphia
David S. Weidenbaum
Office of the U.S. Trustee; Atlanta
1:00 p.m.
Optional Event: Golf Tournament
Golf Holes Sponsored by Carl Marks Advisors, Heard Ary LLC and Title XI
Beverage Cart sponsored by Parker, Hudson, Rainer & Dobbs LLP3:30-4:30 p.m.
Bourbon and Rye Tasting
Sponsored by Elliott Greenleaf
4:30-6:00 p.m.
Optional Event: Sparkling Wine Afternoon Social
Sponsored by BMS and Christian & Small LLP
Saturday, July 25
7:00-8:00 a.m.
Breakfast
Sponsored by Womble Carlyle Sandridge & Rice, LL
7:30-9:00 a.m.
Plenary Session
Case Updates: Business and Consumer Developments
Find out the latest about the cases that keep you up at night.
Hon. Laurel Myerson Isicoff, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Robert C. Furr
Furr & Cohen, P.A.; Boca Raton, Fla.
Prof. Michelle M. Harner
University of Maryland School of Law; Baltimore
Hon. John E. Waites
U.S. Bankruptcy Court (D. S.C.); Columbia
9:00 a.m.-5:00 p.m.
Beach Day
Enjoy a reserved beach area for Southeast Bankruptcy Workshop attendees, with chairs, towels, umbrellas and some beach games courtesy of GGG Partners, LLC.
9:00-9:15 a.m.
Refreshment Break
9:15-10:45 a.m.
Repeat Concurrent Sessions (3)
Time for Trial: Evidentiary Issues in Bankruptcy Litigation
It's All About That Till, ’Bout That Till, ’Bout That Till...
Yes, but Don’t Forget the Kitchen Sink: Secured Creditors’ Right to Recover Principal + Interest + Default Interest + Original Issue Discount + Late Fees + Prepayment Premiums + Fees + Expenses
CONSUMER TRACK: “What Is Hot in July Besides the Weather? Litigation in Consumer Cases, Part II
This is the second part of a two-part panel that will cover a potpourri of current hot topics being litigated in chapter 7 and 13 cases, with a special focus on LVNV v. Crawford and related litigation, consumer protection (including the basics of credit reporting and regulatory actions), mortgage modifications and post-discharge actions, and the UST’s enforcement activities.
10:45-11:00 a.m.
Refreshment Break
11:00 a.m.-12:30 p.m.
Repeat Concurrent Sessions (3)
When Health Care Goes on Life Support: The Intersection Between Health Care and Bankruptcy Law
Receiverships and Bankruptcy: Between Scylla and Charybdis
“Get Me Out of This Eleven!” Dealing with Bad-Faith Filings in Chapter 11 Cases
CONSUMER TRACK: Bankruptcy and Divorce: Critical Issues for Attorneys (and the Start of a Sad Country Song)
Domestic-support obligations, the impact of the automatic stay in domestic-relations cases, discharge litigation in chapter 13s, the retention of domestic-relations counsel in bankruptcy, same-sex spouses in bankruptcy cases in states where same-sex marriage is not recognized, and other “cheerful issues” frequently confronted in cases that involve both financial distress and domestic problems. This panel will provide an update on these and other important legal topics in this dark area of bankruptcy law.
C.R. “Chip” Bowles, Moderator
Bingham Greenebaum Doll LLP; Louisville, Ky.
David R. Badger
David R. Badger, P.A.; Charlotte, N.C.
Justin B. Little
Reynolds, Reynolds & Little, LLC; Tuscaloosa, Ala.
Hon. C. Ray Mullins
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
1:30 p.m.
Optional Event: Tennis Tournament
Sponsored by Troutman Sanders LLP
2:00-3:30 p.m.
Optional Event: Ice Cream Afternoon Social
6:00-8:30 p.m.
20th Anniversary Beach Bash
Bars sponsored by Nexsen Pruet and Rumberger Kirk & Caldwell, P.A.
Dinner sponsored by Bass, Berry & Sims PLC and Burr & Forman LLPJoin us on the beach for food, fun and special appearances — all in celebration of the 20th anniversary of the Southeast Bankruptcy Workshop!
8:30-9:30 p.m.
Endowment Reception (by Invitation Only)
Sponsored by Markowitz, Ringel, Trusty + Hartog, P.A. and Reynolds, Reynolds & Little, LLC
Sunday, July 26
7:00-8:00 a.m.
Breakfast
Sponsored by Rogers Towers, PA
7:30-9:00 a.m.
Ethics Session: Say Hello to My Little Friend, LLC: Ethical Issues Related to “Aggressive”
Asset-Protection Planning and Lying Clients
This presentation will discuss ethical issues relating to representing debtors who have engaged in “aggressive” asset protection/exemption planning, the problem with using involuntary bankruptcies to resolve corporate disputes, issues on representing involuntary debtors, and what to do about clients who lie under oath or knowingly fail to turn over discovery.
Narrator:
C.R. “Chip” Bowles
Bingham Greenebaum Doll LLP; Louisville, Ky.
Actors:
Boris Badenough:
Robin E. Phelan
Haynes and Boone, LLP; Dallas
Boris’s Wife:
Jennifer M. Meyerowitz
ZMA Consulting Group
Boris’s Attorney:
Jerry M. Markowitz
Markowitz Ringel Trusty + Hartog, P.A.; Miami
Debtor’s Bankruptcy Attorney:
David B. Wheeler
Moore & Van Allen PLLC; Charleston, S.C.
Debtor’s Asset-Protection Financial Advisor:
Amy A. Quackenboss
American Bankruptcy Institute; Alexandria, Va.
Debtor:
Michael Newsom
National Creditor Recovery Services, LLC; Clearwater, Fla.
Debtor’s Asset-Protection Attorney:
Eric W. Anderson
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Panelists:
Rudy J. Cerone
McGlinchey Stafford PLLC; New Orleans
Jonathan E. Gopman
Akerman LLP; Naples, Fla.
Patricia A. Redmond
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.; Miami
J. Ellsworth Summers, Jr.
Rogers Towers, PA; Jacksonville, Fla.
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
9:00-9:15 a.m.
Refreshment Break
9:15-10:45 a.m.
Don’t Have Egg on Your Face: Breakfast with the Judges
Enjoy a breakfast discussion with the judges of the Southeast Bankruptcy Workshop.
Hon. Laurel Isicoff, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Mary Grace Diehl
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Hon. Benjamin A. Kahn
U.S. Bankruptcy Court (M.D.N.C.); Greensboro
Hon. C. Ray Mullins
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Hon. James J. Robinson
U.S. Bankruptcy Court (N.D. Ala.); Anniston
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Hon. John E. Waites
U.S. Bankruptcy Court (D. S.C.); Columbia
10:45 a.m.
Adjourn
Optional Events
S’mores and Stars Evening Social
Thursday, July 23, 8:00-10:00 p.m.
Sponsored by Kilpatrick Townsend & Stockton LLP and Kozyak Tropin & Throckmorton, LLP
S’mores under the stars! Join us for s’more networking as we roast marshmallows and enjoy the glow of fire pits and one of summer’s great pastimes. The event is FREE for attendees and guests. Pre-registration is required. Please check the appropriate box on the registration form.
Beach Days
Friday, July 24, 9:00 a.m.-5:00 p.m.
Sponsored by Deloitte CRG
Saturday, July 25, 9:00 a.m.-5:00 p.m.
Sponsored by GGG Partners, LLC
FREE! Enjoy a reserved beach area just for Southeast Bankruptcy Workshop attendees, complete with chairs, towels, umbrellas and beach games.
Golf Tournament
Friday, July 24, 1:00 p.m.
Golf Holes Sponsored by Carl Marks Advisors, Heard Ary LLC and Title XI
Beverage Cart sponsored by Parker, Hudson, Rainer & Dobbs LLPThe annual Golf Tournament will be held at The Golf Club of Amelia Island, adjacent to the hotel. Designed by PGA tour veterans Mark McCumber and Gene Littler, the course presents players with the ultimate in pure golfing pleasure. The $195 fee includes green fee and cart, boxed lunch and beverage, and prizes. Please check the appropriate box on the registration form to play, and indicate your handicap. For those participating in the ABI Golf Tour, this will be the fourth stop. Please check the ABI Golf Tour box on the registration form. For more information on the tour, see golf.abi.org.
Bourbon and Rye Tasting
Friday, July 24, 3:30-4:30 p.m.
Sponsored by Elliott Greenleaf
Enjoy a true taste of the South at this event. If you're a casual bourbon drinker or a passionate bourbon connoisseur, join us for a fun way to learn something new and understand the charm and lure of bourbon in the South. The cost for this event is $30 per person, which includes bourbon and rye tastings and gratuities. (Must be 21 and over to participate.) Please check the appropriate box on the registration form.
Sparkling Wine Afternoon Social
Friday, July 24, 4:30-6:00 p.m.
Sponsored by BMS and Christian & Small LLP
Cheers! Start happy hour early with bubbling conversation and sparkling wines as we sample a unique variety of proseccos, rosés and cavas. The cost for this event is $45 per person, which includes sparkling wine tastings, light snacks and gratuities. Please check the appropriate box on the registration form.
Tennis Tournament
Saturday, July 25, 1:30 p.m.
Sponsored by Troutman Sanders LLP
The clay courts of The Ritz-Carlton, Amelia Island will be the site of our round-robin tournament. The $60-per-person fee includes tournament fees, boxed lunch and beverage, and prizes. Please check the appropriate box on the registration form.
Ice Cream Afternoon Social
Saturday, July 25, 2:00-3:30 p.m.
I scream, you scream, we all scream for ice cream! Make your own sundae, and enjoy the sweet side of summer at this family-friendly social. This event is $20 per person.
20th Anniversary Beach Bash
Saturday, July 25, 6:00-8:30 p.m.
Dinner sponsored by Bass, Berry & Sims PLC and Burr & Forman LLP
Bars sponsored by Nexsen Pruet and Rumberger Kirk & Caldwell, P.A.Join us on the beach for food, fun and special appearances by Captain Louie and Princess Amelia— You don’t want to miss this event in celebration of the 20th anniversary of the Southeast Bankruptcy Workshop! The price is $50 for attendees, $65 for guests and $35 for children 12 and under.
Ritz Kids®
The Ritz-Carlton, Amelia Island offers the Ritz Kids® program, an exclusive supervised children’s program designed specifically for children ages 5-12. The Ritz Kids® program allows parents to play while children stay with trained and certified counselors. Each counselor is certified in infant, child and adult CPR, basic first aid and water safety. The staff takes extra care to ensure that each child enjoys a positive, rewarding experience in the Ritz Kids® program. The Full-Day Program takes place Thursday through Saturday from 9:00 a.m.-4:00 p.m. and includes juice, snacks and lunch. The program fee is $75 for the first child, $70 for each additional child. The Half-Day Program includes juice and snacks and is available Thursday through Sunday morning from 9 a.m.-12 noon and Thursday through Saturday each afternoon from 1:00-4:00 p.m. The half-day program fee is $55 for the first child and $50 for each additional child. An optional lunch may be included for an additional $15. 24-hour advance reservations are requested. Cancellations must be received within four hours of the program start time, or full charges will be applied to the guest account. To make reservations, please call Ritz Kids at (904) 321-5013.
Workshop Chairs
Hon. Laurel Myerson Isicoff, Judicial Chair
U.S. Bankruptcy Court (S.D. Fla.); Miami
Jennifer M. Meyerowitz, Co-Chair
ZMA Consulting Group
Soneet R. Kapila, Co-Chair
KapilaMukamal, LLP; Fort Lauderdale, Fla.
2015 Advisory Board
Eric W. Anderson
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
C.R. “Chip” Bowles
Bingham Greenebaum Doll LLP; Louisville, Ky.
David K. Bowsher
Adams and Reese LLP; Birmingham, Ala.
Jason S. Brookner
Gray Reed & McGraw, PC; Dallas
Jeffery W. Cavender
Troutman Sanders LLP; Atlanta
Robert A. Cox, Jr.
Bradley Arant Boult Cummings LLP; Charlotte, N.C.
Diane P. Furr
Poyner & Spruill LLP; Charlotte, N.C.
Terri L. Gardner
Nelson Mullins Riley & Scarborough LLP; Raleigh, N.C.
Craig M. Geno
Law Offices of Craig M. Geno, PLLC; Ridgeland, Miss.
Leanne Gould
HDH Advisors, LLC; Atlanta
Elizabeth A. Green
BakerHostetler; Orlando, Fla.
Kevin D. Heard
Heard Ary, LLC; Huntsville, Ala
Paul G. Jennings
Bass, Berry & Sims PLC; Nashville, Tenn.
Kristina M. Johnson
Jones Walker LLP; Jackson, Miss.
Joe A. Joseph
Burr & Forman LLP; Nashville, Tenn.
W. Austin Jowers
King & Spalding; Atlanta
Jennifer B. Kimble
Rumberger Kirk & Caldwell; Birmingham, Ala.
Frank B.B. Knowlton
Nelson Mullins Riley & Scarborough, LLP; Columbia, S.C.
John H. Maddock, III
McGuireWoods LLP; Richmond, Va.
Jerry M. Markowitz
Markowitz Ringel Trusty + Hartog, P.A.; Miami
Jennifer M. McLemore
Christian & Barton, LLP; Richmond, Va.
Lance T. Miller
Deloitte CRG; Atlanta
Christine L. Myatt
Nexsen Pruet; Greensboro, N.C.
Michael Newsom
National Creditor Recovery Services, LLC; Clearwater, Fla.
Edward J. Peterson, III
Stichter, Riedel, Blain & Prosser, P.A.; Tampa, Fla.
Patricia A. Redmond
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.; Miami
Robert P. Reynolds
Reynolds, Reynolds & Little, LLC; Tuscaloosa, Ala.
J. Ellsworth Summers, Jr.
Rogers Towers, PA; Jacksonville, Fla.
Richard H. Thomson
Clark & Washington, P.C.; Atlanta
Charles W. Throckmorton
Kozyak Tropin & Throckmorton, P.A.; Miami
David A. Wender
Alston & Bird LLP; Atlanta
Nancy J. Whaley
Standing Chapter 13 Trustee (N.D. Ga.); Atlanta
David B. Wheeler
Moore & Van Allen PLLC; Charleston, S.C.
Rory D. Whelehan
Womble Carlyle Sandridge & Rice, LLP; Greenville, S.C.
Melissa A. Youngman
Wilson Elser Moskowitz Edelman & Dicker LLP
Conference Information
Hotel
In the Ritz-Carlton tradition of elegance and unparalleled service, the top-rated Ritz-Carlton, Amelia Island is one of the finest getaways in the world. Nestled at the edge of a 13-mile beach along the Atlantic Ocean, this resort offers beachfront horseback riding, wave runners, ocean kayaks, indoor and outdoor pools, whirlpools and spa service, as well as golf and tennis. The ABI Group rate has closed, but rooms are still available at the hotel by contacting the reservations department at (904) 277-1100 or online at: http://www.ritzcarlton.com/en/Properties/AmeliaIsland/Default.htm
Alternate Hotels:
Amelia Island Hotel: http://www.ameliahotel.com/
The Villas of Amelia Island Plantation: http://www.villasofameliaisland.com/stay-here
Spa Discount: The Ritz-Carlton is graciously offering Workshop attendees a 10% discount off spa treatments of 60 minutes or longer, as well as 10% off retail products in the spa boutique. Since the spa sells out on a daily basis, please contact the spa in advance at (904) 277-1087 to receive the 10% group discount by letting a spa concierge know you that are with the American Bankruptcy Institute 2015 Southeast Bankruptcy Workshop.
Continuing Education Credit
12 hours of general CLE credit, including 1.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 14 hours of general 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 in the amount of 12 hours, of which 1.5 hours will apply to ethics. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 14 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 14 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 in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. 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 more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 July 2, 2015. No refunds will be granted after July 2, but substitutions will be allowed. After July 2, 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.
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exam at The Ritz-Carlton, Amelia Island on Thursday, July 23, 2015, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
American Board of Certification Exams
Thursday, July 23, 2015, 9:00 a.m.-5:00 p.m. at The Ritz-Carlton, Amelia Island
Call (319) 365-2222 or e-mail [email protected]- Consumer Bankruptcy Exam
- Business Bankruptcy Exam
- Creditors’ Rights Exam ($125 exam fee)
Make check payable to: American Board of Certification and return with this clipping to: American Board of Certification, The American Building, 4403 1st Avenue SE, Suite 113, Cedar Rapids, IA 52402
- Credit Card (Charge to acct. no. provided for conference)
A short form application and fee ($495) are also required prior to the exam. Please go to www.abcworld.org if you have not submitted the application.
Premium Sponsors
Adams and Reese LLP
Alvarez & Marsal
Anderson Bauman Tourtellot Vos
BakerHostetler
Bass, Berry & Sims, Burr & Forman LLP
BMS
Burr & Forman LLP
Campbell, Guin, Williams, Guy & Gidiere, LLC
Christian & Small LLP
Deloitte CRG
Epiq Systems, Inc.
Gavin/Solmonese LLC
Genovese Joblove & Battista, PA
GGG Partners, LLC
GlassRatner Advisory & Capital Group LLC
Greenberg Traurig, LLP
Guggenheim Securities, LLC
Heritage Equity Partners
King & Spalding LLP
Kozyak Tropin & Throckmorton, P.A.
McCalla Raymer, LLC
McGuireWoods LLP
Moore & Van Allen, PLLC
Nelson Mullins Riley & Scarborough LLP
Nexsen Pruet, PLLC
Osborn Group, LLC
Parker, Hudson, Rainer & Dobbs LLP
Protiviti Inc.
Qorval, LLC
Reynolds, Reynolds & Little, LLC
Rogers Towers, PA
Rumberger Kirk & Caldwell, P.A.
Signature Bank
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA
Stichter, Riedel, Blain & Prosser, PA
Troutman Sanders LLP
Winston & Strawn LLP
Womble Carlyle Sandridge & Rice, LLPPatron Sponsors
Bingham Greenebaum Doll LLP
Bull Realty Commercial Brokers
Carl Marks Advisors
Elliott Greenleaf
FTI Consulting, Inc.
Getzler Henrich & Associates LLC
Jones Walker LLP
Kilpatrick Townsend & Stockton LLP
Kozyak Tropin & Throckmorton, LLPSupporting Sponsors
Alston & Bird LLP
Bradley Arant Boult Cummings LLP
Bryan Cave LLP
Law Offices of Craig M. Geno, PLLC
Heard Ary, LLC
Hirschler Fleischer
International Sureties, Ltd.
KapilaMukamal, LLP
Markowitz Ringel Trusty + Hartog, P.A.
Morris James LLP
National CRS, LLC
Thompson Hine LLP
Title XISpecial Thanks
We extend our special thanks to Bloomberg BRIEF, Conway MacKenzie for the educational materials on thumb drives, Donlin, Recano & Company, Inc. for the conference app, Sherwood Partners, LLC/agencyIP for sponsoring the exhibit hall, Thomson Reuters for providing the printed educational materials and Wilmington Trust for the tote bags.
Rates
Registration Rates Early
(postmarked by 5/1/15)Regular
(5/2/15-6/26/15)Late
(after 6/26/15)ABI Member$620$670$720ABI Govt./Nonprofit ABI Member$420$470$520New ABI Member*$895$945$995Govt./Nonprofit New ABI Member**$515$565$615* There will be a $50 fee added to all on-site registrations.
** Includes a one-year ABI membership for first-time members — a $295 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.
Exhibitor Rates
ABI Member Exhibitor Registration***$1,600New ABI Member Exhibitor Registration****$1,895Additional Booth Representative$300*** Includes one 6’ table and full registration for one booth representative.
**** Includes one 6’table, full registration for one booth representative AND one-year ABI membership.
Optional Events Rates
Opening ReceptionGuestChild (12 and under)
Free$50$25S’Mores and Stars Evening SocialFreeGolf Tournament$195ABI Golf Tour$195 Sparkling Wine Afternoon Social$45Tennis Tournament$60Ice Cream Afternoon Social$20Beach Bash Dinner
GuestChild$50
$65
$35
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.
Event Information 227910
Friday, June 5
7:30-8:30 a.m.
Continental Breakfast and Registration
Sponsored by Steinberg Shapiro & Clark
8:30-8:40 a.m.
Welcome Remarks
Charles D. Bullock, Program Chair
Stevenson & Bullock PLC; Southfield, Mich.
8:40-9:40 a.m.
Hot Topics and the Latest and Greatest: Supreme Court and Lower Court Case Law Update
Paul R. Hage
Jaffe, Raitt, Heuer & Weiss; Southfield, Mich.
Hon. David S. Kennedy
U.S. Bankruptcy Court (W.D. Tenn.); Memphis
9:45-10:45 a.m.
Bankruptcy Crimes
Carroll L. Andre, III
U.S. Attorney’s Office; Memphis
Sean M. Haynes
Office of the U.S. Trustee, Memphis
Hon. Jennie D. Latta
U.S. Bankruptcy Court (W.D. Tenn.); Memphis
10:45-11:00 a.m.
Coffee Break
11:05 a.m.-12:05 p.m.
In the News: Same-Sex Marriage, Student Loan and Marijuana Cases
Featuring Students from the Memphis University Duberstein Moot Court Team
Hon. Paulette J. Delk
U.S. Bankruptcy Court (W.D. Tenn.); Memphis
Brad Reasonover
Student, University of Memphis; Memphis
Ross Smith
Student, University of Memphis; Memphis
12:10-1:10 p.m.
Working Lunch
Sponsored by Stevenson & Bullock PLC in recognition of the Hon. David S. Kennedy Bankruptcy Achievement Award, Cecil C. Humphreys School of Law, University of Memphis
Trustees’ Roundtable: How to Please Your Trustee (Chapters 7 and 13)
Bettye S. Bedwell
Bedwell Law Firm Inc.; Memphis
Sylvia F. Brown
Standing Chapter 13 Trustee; Memphis
Selene D. Maddox
Maddox Law Office; Tupelo, Miss.
1:15-2:30 p.m.
Ethical Considerations in Chapter Choice
Hon. Thomas H. Fulton
U.S. Bankruptcy Court (W.D. Ky.); Louisville
Hon. Jennie D. Latta
U.S. Bankruptcy Court (W.D. Tenn.); Memphis
2:30-2:45 p.m.
Refreshment Break
2:50-3:50 p.m.
Judicial and Collateral Estoppel
James E. Bailey
Butler Snow LLP; Memphis
Mark Shapiro
Steinberg Shapiro & Clark; Southfield, MI
4:00-5:00 p.m.
Judges’ Panel: A View from the Bench
Hon. James L. Croom
U.S. Bankruptcy Court (W.D. Tenn.); Jackson
Hon. Paulette J. Delk
U.S. Bankruptcy Court (W.D. Tenn.); Memphis
Hon. George W. Emerson, Jr.
U.S. Bankruptcy Court (W.D. Tenn.); Memphis
Hon. Thomas H. Fulton
U.S. Bankruptcy Court (W.D. Ky.); Louisville
Hon. David S. Kennedy
U.S. Bankruptcy Court (W.D. Tenn.); Memphis
Hon. Jennie D. Latta
U.S. Bankruptcy Court (W.D. Tenn.); Memphis
5:00 p.m.
Adjourn
Judicial Chair
Hon. James L. Croom
U.S. Bankruptcy Court (W.D. Tenn.); Memphis
Program Chair
Charles D. Bullock
Stevenson & Bullock PLC; Southfield, Mich.
Advisory Board
Hon. Paulette J. Delk
U.S. Bankruptcy Court (W.D. Tenn.)
Adam M. Langley
Butler Snow LLP; Memphis
Hon. Jennie D. Latta
U.S. Bankruptcy Court (W.D. Tenn.); Memphis
Richard H. Thomson
Thomson Bankruptcy, LLC
Robert B. Vandiver, Jr.
Robert B. Vandiver, Jr., Attorney at Law; Jackson, Tenn.
Conference Information
Location
The conference will be held at the Fogelman Executive Conference Center, located on the campus of the University of Memphis, 330 Innovation Drive, Memphis, TN 38152-6481. Parking is available on-site and will be complimentary to all attendees.
Continuing Education Credit
7 hours of general CLE credit, including 1 hour of ethics, are pending in states calculating CLE on a 60-minute hour, and 8 hours of general CLE credit, including 1 hour 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 in the amount of 7 hours, of which 1 hour will apply to ethics. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 8 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. 8 hours of CPE credit, including 1 hour of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800, or 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 May 15, 2015. No refunds will be granted after May 15, but substitutions will be allowed. After May 15, 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.
2015 Memphis Consumer Bankruptcy Conference Sponsors
Butler Snow LLP
Steinberg Shapiro & Clark
Stevenson & Bullock PLC
Rates
Registration Rates Early Bird
(postmarked by 5/15/15)Regular
(after 5/15/15)ABI Member$195$245Govt./Nonprofit/Aca. ABI Member$195$195New ABI Member*$300$350Govt./Nonprofit/Aca. New ABI Member*$290$290* 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. You must be an ABI member to attend the conference.
Event Information 227982
Thursday, August 6
3:00-6:00 p.m.
ABI Registration Desk Open
5:00-6:00 p.m.
Emerging Leaders and Judges Roundtable (invite only)
Private roundtable for up-and-coming insolvency professionals and the judges in attendance.
6:00-8:00 p.m.
Opening Reception
Sponsored by AlixPartners LLP, Barnes & Thornburg LLP, Bond Schoeneck & King PLLC, Cole Schotz P.C., Cozen O'Connor, Lowenstein Sandler LLP, Polsinelli and Skadden, Arps, Slate, Meagher & Flom LLP
Friday, August 7
7:00 a.m-12:00 noon
ABI Registration Desk Open
7:30-8:00 a.m.
Breakfast
Sponsored by Miles & Stockbridge P.C.
8:00-9:00 a.m.
Plenary Session
Keeping Up with the Supremes: Supreme Court Update
This panel will focus on the possible consequences of ASARCO, Wellness, and Bank of America v. Caulkett
James E. Van Horn, Moderator
McGuireWoods LLP, Baltimore
Stuart M. Brown
DLA Piper; Wilmington, Del.
Christopher J. Giaimo
BakerHostetler; Washington, D.C.
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.); New York
Jeffrey N. Rothleder
Arent Fox LLP; Washington, D.C.
Lisa A. Tracy
Executive Office for U.S. Trustees; Washington, D.C.
9:15-10:30 a.m.
Concurrent Sessions (4)
Trustworthy Claims: Developments (such as Bellingham) on What Claims a Trustee May or May Not Bring
Join our panel of expert estate counsel, trustees and insurance counsel as they discuss issues related to standing, safe harbors, in pari delicto and other complications that insurers and defendants use to frustrate the pursuit causes of action by Trustees
Edward T. Gavin, Moderator
Gavin/Solmonese LLC; Wilmington, Del.
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Ryan G. Foley
AIG Commercial Insurance Law Department; Parsippany, N.J.
Kate Deringer Sallie
Rhoads & Sinon LLP; Harrisburg, Pa.
Christopher A. Ward
Polsinelli PC; Wilmington, Del.
Where’s My Expert? Deposing, Qualifying and Examining a Financial Expert Witness Regarding Opinions on Solvency, Reasonably Equivalent Value and Plan Feasibility
This panel will cover deposing, qualifying and examining a financial expert witness regarding their opinions on solvency, reasonably equivalent value and plan feasibility.
Kenneth M. Misken, Moderator
Miles & Stockbridge P.C.; Tysons Corner, Va.
Hon. Richard E. Fehling
U.S. Bankruptcy Court (E.D. Pa.); Reading
Christopher A. Jones
Whiteford Taylor & Preston, LLP; Falls Church, Va.
Robert A. Weber
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington, Del.
Sharon M. Zieg
Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.
Snake Eyes: Casino Bankruptcies
This panel will discuss key restructuring issues in the gaming industry as geographic expansion continues to pressure regional, destination and tribal casinos.
Duncan A. Pickett, Moderator
Capstone Advisory Group, LLC; Annapolis, Md.
Michael J. Sellinger
GLC Advisors & Co., LLC; New York
Stanley B. Tarr
Blank Rome LLP; Wilmington, Del.
Jonathan M. Tibus
Alvarez & Marsal; Atlanta
Reading Between the Lines: Writing-Based Focus (Drafting Agreements)
This panel will focus on planning and drafting agreements, best practices, avoiding common pitfalls, and successful strategies and approaches.
Louis J. Ebert, Moderator
Rosenberg Martin Greenberg, LLP; Baltimore
Stephen M. Miller
Morris James LLP; Wilmington, Del.
Kerri K. Mumford
Landis Rath & Cobb LLP; Wilmington, Del.
Joel I. Sher
Shapiro Sher Guinot & Sandler; Baltimore
Matthew P. Ward
Womble Carlyle Sandridge & Rice, LLP; Wilmington, Del.
10:30-10:45 a.m.
Coffee Break
Sponsored by McGuireWoods LLP
10:45 a.m.-12:00 noon
Concurrent Sessions (4)
To Mediate or Not, That Is the Quest?
Experienced mediators will discuss this popular alternative dispute resolution device, including how best to prepare for mediation, the benefits of mediation, whether it is suitable for all disputes in bankruptcy, different styles employed by mediators, and perhaps a few war stories.
Mark E. Felger, Moderator
Cozen O’Connor; Wilmington, Del.
Melanie L. Cyganowski
Otterbourg P.C.; New York
Dion W. Hayes
McGuireWoods LLP; Richmond, Va.
Ray T. Lyons
Fox Rothschild LLP; Lawrenceville, N.J.
Claudia Z. Springer
Reed Smith LLP; Philadelphia
Ethics: You’re Outta There! Avoiding Disqualification Landmines
This panel will cover disclosure obligations, disinterestedness standards and avoiding disgorgement.
Laura Davis Jones, Moderator
Pachulski Stang Ziehl & Jones; Wilmington, Del.
Stephen A. Donato
Bond Schoeneck & King PLLC; Syracuse, N.Y.
Cassandra M. Porter
Lowenstein Sander LLP; Roseland, N.J.
Hon. Laura Selber Silverstein
U.S. Bankruptcy Court (D.Del.); Wilmington
Marc S. Weinsweig
WeinsweigAdvisors, LLC; Rockville, Md.
What Does the Future Hold? Crystal Ball Readings on Economic and Legislative Drivers of Chapter 11’s Fate
This panel will provide a retrospective and prospective discussion of the economic and legislative factors that impact chapter 11 filings, as well as insight on industry trends and hot areas for restructuring services.
Ben Franklin once remarked that “creditors have much better memories than debtors.”
Reginald W. Jackson, Moderator
Vorys, Sater, Seymour and Pease LLP; Columbus, Ohio
Michael S. Goodman
SSG Capital Advisors, LLC; Conshohocken, Pa.
Martha E. Kopacz
Phoenix Management Services; Boston
Patrick J. O’Keefe
CohnReznick LLP; Roseland, N.J
Financing Our Future: Treatment of Student Loan Debt
Student loan debt has created a significant and growing national economic crisis. This panel will explore dischargeability issues and also discuss how student loan debt affects all of us – even those without student loans to pay off
Charles M. Forman, Moderator
Forman Holt Eliades & Youngman LLC; Paramus, N.J
Hon. Eric L. Frank
U.S. Bankruptcy Court (E.D. Pa.); Philadelphia
Jessica Kitson
Volunteer Lawyers for Justice; Newark, N.J.
1:00 p.m.
Optional Event: Golf Tournament
Sponsored by Protiviti Inc.
1:30 p.m.
Optional Event: Trap Shooting Tournament
Sponsored by Sullivan Hazeltine Allinson LLC
5:30-7:00 p.m.
Delaware State Bar Association Reception
Sponsored by the Delaware State Bar Association Bankruptcy Section
7:00 p.m.
Dinner and Dancing (Kid-Friendly Event!)
Dinner sponsored by Arent Fox LLP, CohnReznick LLP and Young Conaway Stargatt & Taylor, LLP
Entertainment sponsored by BakerHostetler, Dilworth Paxson LLP, Heritage Equity Partners, Landis Rath & Cobb, Richards, Layton & Finger and Womble Carlyle Sandridge & Rice LLPSaturday, August 8
7:30 a.m.-12:00 noon
ABI Registration Desk Open
7:30-8:00 a.m.
Breakfast
Sponsored by Pachulski Stang Ziehl & Jones LLP
8:00-9:00 a.m.
Plenary Session
Jaunty Judicial Debates
Thomas M. Horan, Moderator
Womble Carlyle Sandridge & Rice, LLP; Wilmington, Del.
Resolved: Setting bar dates in every chapter 11 case should be mandatory.
Pro: Hon. Jeffery A. Deller
U.S. Bankruptcy Court (W.D. Pa.); Pittsburgh
Con: Hon. Cecelia G. Morris
U.S. Bankruptcy Court (S.D.N.Y.); Poughkeepsie
Resolved: Prepayment premiums should be allowed in bankruptcy.
Pro: Hon. Thomas J. Catliota
U.S. Bankruptcy Court (D. Md.); Greenbelt
Con: Hon. John J. Thomas
U.S. Bankruptcy Court (M.D. Pa.); Wilkes Barre, Pa.
9:15-10:30 a.m.
Concurrent Sessions (3)
To Mediate or Not, That Is the Quest?
Ethics: You’re Outta There! Avoiding Disqualification Landmines
What Does the Future Hold? Crystal Ball Readings on Economic and Legislative Drivers of Chapter 11’s Fate
Concurrent Session
Shedding the Pounds of Debt: Mortgage Lien-Stripping in Chapters 7 and 11
11This panel will discuss practical considerations in addressing wholly unsecured junior mortgages, determining the amount of senior mortgages, timing of valuations and the burden of proof.
Donald F. King, Moderator
Odin, Feldman & Pittleman, P.C.; Reston, Va.
Hon. Vincent F. Papalia
U.S. Bankruptcy Court (D. N.J.); Newark
Lynn L. Tavenner
Tavenner & Beran, PLC; Richmond, Va.
10:30-10:45 a.m.
Coffee Break
Sponsored by Greenberg Traurig, LLP
10:45 a.m.-12:00 noon
Repeat Concurrent Sessions (4)
Trustworthy Claims: Developments (such as Bellingham) on What Claims a Trustee May or May Not Bring
Where’s My Expert? Deposing, Qualifying and Examining a Financial Expert Witness Regarding Opinions on Solvency, Reasonably Equivalent Value and Plan Feasibility
Snake Eyes: Casino Bankruptcies
Reading Between the Lines: Writing-Based Focus (Drafting Agreements)
12:00 noon
Adjourn
Optional Events
Golf Tournament at Hershey Country Club’s West Course
Friday, August 7, 1:00 p.m.
Sponsored by Protiviti Inc.
Hershey Country Club’s West Course provides a bird’s-eye view of the town — including play atop the hill on the front lawn of Milton Hershey’s estate, High Point Mansion. This par-73 course has tree-lined fairways, lush greens and challenging hazards. Green fees for the shotgun golf tournament are $140 per person, which includes cart, lunch and transportation. To play, mark the appropriate box on the registration form and indicate your handicap. Lunch will be provided at 12:00 noon. For those participating in the ABI Golf Tour, this will be the fifth stop. Please check the ABI Golf Tour box on the registration form. For more information on the tour, see golf.abi.org.
Trap Shooting Tournament
Friday, August 7, 1:30 p.m.
Sponsored by Sullivan Hazeltine Allinson LLC
Both addictive and challenging, trap shooting launches targets from a single “house” or machine, generally away from the shooter. Instead of sinking a ball into a hole, shooters aim to break targets. All family members over 12 years of age can safely enjoy this energetic sport at the Palmyra Sportsmen’s Club. The $85 fee includes a boxed lunch, transportation and all tournament fees. Please mark the appropriate box on the registration form.
Discounted Tickets to Hershey Park
You can purchase discounted tickets to Hershey Park during your stay (tickets are general admission and can be used on any date through 2015). The cost per person is $38 for adults and $27 for children aged 3-8 years and senior citizens aged 55-69; children 2 and under are free. Purchased tickets will be in your registration envelope when you arrive at the hotel. Please mark the appropriate box on the registration form.
Cocoa Kids Club
The Cocoa Kids Club is the perfect place for young vacationers to make new friends and learn new skills, including tennis, basketball, arts and crafts, swimming, kids’ fitness and ice cream-making. Kids can also visit the Children’s Garden & Butterfly House. Full-day (9:00 a.m.-4:00 p.m.) pricing is $75 per child and includes lunch and snacks; half-day(9:00 a.m.-1:00 p.m. or 12:00-4:00 p.m.) is $55 per child. Evening camp time is 5:00-9:00 p.m. and is $60 per child. To enroll your child(ren) in the Cocoa Kids Club, please call The Hotel Hershey directly at (717) 533-2171, x1702.
Judicial Chairs
Hon. Nancy V. Alquist
U.S. Bankruptcy Court (D. Md.); Baltimore
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
Program Chairs
Kevin P. Clancy
CohnReznick LLP; Edison, N.J.
Thomas M. Horan
Womble Carlyle Sandridge & Rice, LLP; Wilmington; Del.
James E. Van Horn
McGuireWoods LLP; Baltimore
Advisory Board
Jovi B. Bohan
Stout Risius Ross, Inc.; Baltimore
Robert S. Brady
Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.
Stuart M. Brown
DLA Piper; Wilmington, Del.
Scott D. Cousins
Bayard, P.A.; Wilmington, Del.
G. David Dean, II
Cole Schotz P.C.; Baltimore
Roberta A. DeAngelis
Office of the U.S. Trustee; Philadelphia
Paul H. Deutch
Rust Omni; New York
Stephen A. Donato
Bond Schoeneck & King PLLC; Syracuse, N.Y.
Linda V. Donhauser
Miles & Stockbridge P.C.; Baltimore
Louis J. Ebert
Rosenberg Martin Greenberg, LLP; Baltimore
Brett D. Fallon
Morris James LLP; Wilmington, Del.
Mark E. Felger
Cozen O’Connor; Wilmington, Del.
Christopher J. Giaimo
BakerHostetler; Washington, D.C.
Jason W. Harbour
Hunton & Williams LLP; Richmond, Va.
Paul N. Heath
Richards, Layton & Finger, PA; Wilmington, Del.
Michael R. Herz
Forman Holt Eliades & Youngman LLC; Paramus, N.J.
Reginald W. Jackson
Vorys, Sater, Seymour and Pease LLP; Columbus, Ohio
Laura Davis Jones
Pachulski Stang Ziehl & Jones; Wilmington, Del.
Lawrence A. Katz
Leach Travell Britt PC; Tysons Corner, Va.
Anne Marie P. Kelley
Dilworth Paxson LLP; Cherry Hill, N.J.
Teresa C. Kohl
SSG Capital Advisors, LLC; New York
Lawrence J. Kotler
Duane Morris LLP; Philadelphia
Joyce A. Kuhns
Saul Ewing LLP; Baltimore
H. Haywood Miller, III
Capstone Advisory Group, LLC; Washington, D.C.
Erika Lynn Morabito
Foley & Lardner LLP; Washington, D.C.
Kerri K. Mumford
Landis Rath & Cobb LLP; Wilmington, Del.
Robert Lee Patrick, Jr.
Protiviti Inc.; Baltimore
David M. Powlen
Barnes & Thornburg LLP; Wilmington, Del.
William C. Price
Clark Hill Thorp Reed; Pittsburgh
Kenneth A. Rosen
Lowenstein Sandler LLP; Roseland, N.J.
Jeffrey N. Rothleder
Arent Fox LLP; Washington, D.C.
Rebecca L. Saitta
Wiley Rein LLP; McLean, Va.
Joseph L. Schwartz
Riker Danzig Scherer Hyland & Perretti LLP; Morristown, N.J.
Natasha Songonuga
Gibbons P.C.; Wilmington, Del.
Kelly Beaudin Stapleton
Alvarez & Marsal; New York
Matthew G. Summers
Ballard Spahr LLP; Wilmington, Del.
Stanley B. Tarr
Blank Rome LLP; Wilmington, Del.
Jeremy VanEtten
Gavin/Solmonese LLC; Wilmington, Del.
Diane E. Vuocolo
Greenberg Traurig, LLP; Philadelphia
Robert A. Weber
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington, Del.
Christopher Burton Wick
Hahn Loeser & Parks LLP; Cleveland
Conference Information
Hotel
Situated high atop the town of Hershey, Pa., The Hotel Hershey is a getaway in itself. This is a place to awaken your senses, soothe your soul, and experience the finest in elegance and service. The Hotel Hershey, Milton Hershey’s ultimate expression of grandeur, has been recognized with the prestigious Forbes Four Star and AAA Four-Diamond Awards, and is a member of the Historic Hotels of America. With the completion of its “Grand Expansion,” the hotel added a new recreation area, year-round ice-skating rink, multi-pool swimming complex with an infinity-edge pool, and a 130-seat restaurant. ABI has arranged a special conference rate of $299 per night. Reservations must be made directly with the resort by June 21, 2015, to secure the special rate. Upon payment of the conference registration fees, you will receive hotel reservation information with your conference confirmation. Reservations may only be made once you have registered with ABI. Rooms are held on a first-come, first-served basis. ABI cannot guarantee any rooms after the specially rated ABI block is filled.
Transportation
Air: Hershey is located 15 minutes from Harrisburg International Airport (MDT). Eight major airlines operate out of Harrisburg International Airport, with nearly 100 daily flights to and from Harrisburg for your convenience, including direct flights from most major East Coast cities. For more information, visit www.FlyHIA.com. Hershey is also easily accessible from Baltimore/Washington International Airport (BWI). Transportation is not provided, but can be arranged upon request. BWI Airport is an easy 90-minute drive from Hershey.
Ground: Hershey is conveniently located in close proximity to most major metropolitan areas in the Northeast, making The Hotel Hershey a classic hotel located in a unique resort destination. Approximate driving times: 1.5 hours from Baltimore; 2 hours from Wilmington, Del.; 2 hours from Philadelphia; 3 hours from New York City; 2 hours from Washington, D.C.; 3.5 hours from Pittsburgh.
Conference Attire
Attire is resort casual throughout the conference.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by July 16, 2015. No refunds will be granted after July 16, but substitutions will be allowed. After July 16, 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
7 hours of general CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 8 hours of general 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 in the amount of 7 hours, of which 1.25 hours will apply to ethics. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 8 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 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 had 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. For information on tuition assistance, send an e-mail to [email protected]. Illinois Attorneys: If registration fees are more than $500, attorneys who qualify will receive a reduction of at least 50% off the registration fee.
2015 Mid-Atlantic Bankruptcy Workshop Sponsors
AlixPartners LLP
Archer & Greiner
Arent Fox LLP
BakerHostetler
Barnes & Thornburg LLP
Bond Schoeneck & King, PLLC
Capstone Advisory Group, LLC
CohnReznick LLP
Cole Schotz P.C.
Cozen O’Connor
Delaware State Bar Association Bankruptcy Section
Dilworth Paxson LLP
East West Bank
Forman Holt Eliades & Youngman
Gellert Scali Busenkell & Brown
Getzler Henrich & Associates LLC
Greenberg Traurig, LLP
Heritage Equity Partners
Landis Rath & Cobb
Lowenstein Sandler LLP
McCarter & English, LLP
McGuireWoods LLP
Miles & Stockbridge P.C.
Morris James LLP
Pachulski Stang Ziehl & Jones LLP
Polsinelli PC
Protiviti Inc.
Richards, Layton & Finger
Skadden, Arps, Slate, Meagher & Flom LLP
Sullivan Hazeltine Allinson LLC
Womble Carlyle Sandridge & Rice, LLP
Young Conaway Stargatt & Taylor, LLPSpecial Thanks
We extend our special thanks to Bloomberg BRIEF, Conway MacKenzie for the educational materials on thumb drives, Donlin, Recano & Company, Inc. for the conference app, Sherwood Partners, LLC/agencyIP for sponsoring the exhibit hall, Thomson Reuters for providing the printed educational materials and Wilmington Trust for the tote bags.
Rates
Registration Rates* Early
Postmarked by 5/22/15Regular
5/23/15-7/17/15Late
after 7/17/15ABI Member$625$675$725ABI Govt./Nonprofit/Aca. ABI Member$345$395$445New ABI Member*$900$950$1000Govt./Nonprofit/Aca. New ABI Member**$440$490$540* There will be a $50 fee added to all on-site registrations.
** Includes a one-year ABI membership for first-time members only ― a $295 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.
Exhibitor Rates
ABI Member Exhibitor $1,600 New ABI Member Exhibitor** $1,895 Add’l. Booth Rep.*** * $500 *** Includes one 6’ table and full registration for one booth representative.
**** Includes one 6’table, full registration for one booth representative AND one-year ABI membership.
Optional Events Rates
Opening ReceptionChildGuestFree to registrant$25$50Golf Tournament$140ABI Golf Tour$140Trap Shooting Tournament$85Friday Dinner and Dancing Registrant
GuestChild (under 13)$25
$95
$45
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.
Event Information 228089
Thursday, July 9
9:00 a.m.-5:00 p.m.
ABC Exams
2:00 p.m
ABI Registration Desk and Exhibit Hall Open
5:00-6:00 p.m.
Emerging Leaders and Judges Roundtable (invite only)
Private roundtable for up-and-coming insolvency professionals and the judges in attendance.
6:00-8:00 p.m.
Opening Reception
Sponsored by Duane Morris LLP, Greenberg Traurig, LLP and Murphy & King
Friday, July 10
7:00-7:35 a.m.
Continental Breakfast
Sponsored by Choate, Hall & Stewart LLP and Gavin/Solmonese LLC
7:35-9:15 a.m.
Plenary Session
ABI Northeast Conference Trial Symposium 2015: Early and Expeditious Litigation Exits — from Deposition to Disposition
The trial team in this session will explore strategies to quickly discover essential facts relating to substantive and procedural legal defenses by discussing the use of discovery, the proper use of and best practices for motions for summary judgment and developing the summary judgment record, and strategies for opposing summary judgment in a contested matter to which Part VII of the Federal Rules of Bankruptcy Procedure apply. The context will be an objection to a proof of claim asserting legal defenses, including improper interest charges, based on a hypothetical case. The panelists will conduct several mock strategy sessions and a mock summary judgment hearing, and offer commentary from the trial team members.
Hon. Joan N. Feeney, Moderator
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
Patrick P. Dinardo
Sullivan & Worcester; Boston
Julia Frost-Davies
Morgan, Lewis & Bockius; Boston
Frederic D. Grant, Jr.
Law Office of Frederic Grant, Jr.; Boston
Hon. Louis H. Kornreich
U.S. Bankruptcy Court (D. Me.); Bangor
Peter B. McGlynn
Bernkopf Goodman LLP; Boston
Patrick J. O'Toole, Jr.
Weil, Gotshal & Manges LLP; Boston
9:15-9:30 a.m.
Coffee Break
Sponsored by Bernstein Shur
9:30-10:45 a.m.
Business Sessions (5)
Insolvency of Professional Services Firms
The assets of professional services firms ride the proverbial elevator every day. What happens when they stop riding? This session will address the insolvency of professional service firms, including the causes of professional service firm insolvencies, the status of partner capital, and the risks to the professionals who once rode the elevators, including potential preference and fraudulent transfer liability. This program will also review recent cases relating to the “unfinished business” doctrine in the context of law firm insolvencies. Finally, the program will examine challenges in effecting a distressed merger of professional services firms.
Stephen D. Lerner, Moderator
Squire Patton Boggs; Cincinnati
Marjorie E. Kaufman
Getzler Henrich & Associates LLC; Boston
Tracy L. Klestadt
Klestadt Winters Jureller Southard & Stevens, LLP; New York
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan
The Difficult Client (Ethics)
This program will address the ethical challenges to practitioners when dealing with difficult clients, ranging from the bully client to a client with a questionable background or a client that is being less than truthful. In a tough legal market when work is needed, client selection sometimes gets overlooked. This program will address what to do with a difficult client once engaged — and when it’s time to part company and how to do so. Finally, the program will also cover the ethical boundaries that sometimes get blurred by overzealous clients.
John F. Ventola, Moderator
Choate Hall & Stewart LLP; Boston
Stephen B. Darr
Mesirow Financial Consulting, LLC; Boston
Gayle P. Ehrlich
Pierce Atwood LLP; Boston
Hon. Edward A. Godoy
U.S. Bankruptcy Court (D. P.R.); San Juan
Michael H. Reed
Pepper Hamilton LLP; Philadelphia
Secured Claims: Determination of Secured Status, Make-Whole Provisions, Yield Maintenance and Credit-Bidding
The determination of the amount of a secured creditor’s claim and related issues often have a significant impact on both junior creditor recoveries and the likelihood of a successful reorganization. Such cases as Gencarelli, School Specialty, Momentive Performance Materials and MPM Silicones regarding “make whole” or “yield maintenance” provisions, as well as cases like SW Boston relating to the calculation of oversecured or undersecured status, have led to further uncertainty in this area. These provisions are under increasing attack as debtors attempt to refinance high-yield debt in today’s lower-interest-rate environment. Finally, the recent decisions in Fisker Automotive Holdings, Free Lance-Star Publishing and RML Development have raised uncertainty in the area of credit-bidding.
Jennifer V. Doran, Moderator
Hinckley, Allen & Snyder LLP; Boston
William K. Harrington
Office of the U.S. Trustee; New York
Hon. William C. Hillman
U.S. Bankruptcy Court (D. Mass.); Boston
Michael R. Lastowski
Duane Morris LLP; Wilmington, Del.
Michael R. Nowlan
FTI Consulting, Inc.; Boston
Complex Commercial Valuation
No business chapter 11 case gets resolved without some determination of value. This panel of valuation experts and lawyers will discuss complex commercial valuation issues, including: (1) the multiple approaches to value (i.e., discounted cash flow, comparable company) and how to reconcile those values; (2) how the purpose of valuation affects the selection of the valuation methodology; (3) the most common places to probe when challenging a valuation; and (4) standard of value (fair market value, investment value or something else) and premise of value (going concern vs. liquidation), and the implications on the valuation assignment. The panel will also discuss recent case law addressing valuation contests during the life of a case, including the timing of valuations and the impact of the differing values on secured parties’ rights in chapter 11 cases.
Jeremy R. Fischer, Moderator
Drummond Woodsum; Portland, Maine
Hon. Robert E. Gerber
U.S. Bankruptcy Court (S.D.N.Y.); New York
David T. Plastino
The Michel-Shaked Group; Boston
Yvette Austin Smith
The Brattle Group, Inc.; New York
Intellectual Property and Trademarks in Bankruptcy
No bankruptcy lawyer can represent a high-tech debtor or a business that licenses consumer brands without understanding the interplay of intellectual property law and the Bankruptcy Code. For reorganizations with intellectual property issues, choice of venue is a critical early decision that can determine the outcome of a case. This program will review the circuit-level split over the Catapult doctrine and discuss contractual and litigation solutions for the reorganization of debtor businesses that are dependent on critical patent inbound licenses. The program will review the limits of protections for nondebtor patent and copyright licensees under Bankruptcy Code § 365(n) and will discuss the recent circuit-level split over the effect of contract rejection on the rights of nondebtor trademark licensees.
James M. Wilton, Moderator
Ropes & Gray LLP; Boston
Hon. Michael A. Fagone
U.S. Bankruptcy Court-Designate (D. Me.); Portland
Gabriel Fried
Hilco Streambank; Needham, Mass.
Carren B. Shulman
Sheppard, Mullin, Richter & Hampton LLP; New York
Consumer Forum Session
Mortgage Regulation Update: New “Qualified Mortgage” and Ability-to-Pay Regulations, and Loan Servicing/Loss-Mitigation Regulations
Practitioners can get up to speed on the new “Qualified Mortgage Rule” (the “QM”) and the ability-to-pay regulations to prepare for future mortgage claim disputes. This panel will discuss the changes to TILA and RESPA, as well as the new Consumer Financial Protection Board (CFPB) regulations on mortgage servicing.
Patricia Antonelli, Moderator
Partridge, Snow & Hahn, LLP; Providence, R.I.
Amy N. Azza
Orlans Moran, PLLC; Waltham, Mass.
Hon. Diane Finkle
U.S. Bankruptcy Court (D. R.I.); Providence
Christopher M. Lefebvre
Claude Lefebvre, Christopher Lefebvre, P.C.; Pawtucket, R.I.
10:45-11:00 a.m.
Coffee Break
Sponsored by Nixon Peabody LLP
11:00 a.m.-12:15 p.m.
Business Sessions (4)
Technology’s Impact on the Everyday Practice of Law
In the technology field, “Moore’s law” states that capacity doubles approximately every two years. This pace of change, the reduction in the use of paper and the corresponding increase in electronic data and “cloud storage” have given rise to a multitude of issues that significantly impact the everyday practice of law and must be considered by both law firms and lawyers. This session will cover best practices to minimize risks to clients and minimize malpractice risks to lawyers. Topics will include preservation or loss of the attorney/client privilege, the disclosure of confidential information or data protected by privacy laws, the use of multiple email accounts, forwarded and “reply all” emails, the use or prohibition of the use of social media, the encryption of documents, the scrubbing of metadata from documents, and e-discovery.
John G. Loughnane, Moderator
Nutter McClennen & Fish LLP; Boston
Hon. Peter G. Cary
U.S. Bankruptcy Court (D. Me.); Portland
Thomas J. Raftery
Law Office of Thomas J. Raftery; Boston
Tarek Ghalayini
AlixPartners, LLP; New York
How Much Momentum Will Momentive Create? Judicial Interpretation and Enforcement of Intercreditor Agreements
The more things change with intercreditor agreements, the more they stay the same — or so it seems. The interpretation and enforcement of intercreditor agreements continues to take center stage in many cases (high-profile and otherwise), and each decision seems to equally shed more light and raise more questions about intercreditor agreements in the bankruptcy context. This panel will focus on the recent Momentive and TXU decisions, including the enforcement (or not) of make-whole provisions, acceleration and de-acceleration, and the use of tender offers/settlements to effect the payoffs of first-lien lenders. The panel will also examine the current trends in drafting and enforcement of various provisions, including voting assignments, pre-bankruptcy waivers and more.
Judith Elkin, Moderator
Haynes and Boone, LLP; New York
Hon. Julie A. Manning
U.S. Bankruptcy Court (D. Conn.); New Haven
Matthew J. McGowan
Salter McGowan Sylvia & Leonard, Inc.; Providence, R.I.
Paul J. Ricotta
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C.; Boston
Drafting the Most Effective Settlement Agreements
This program will explore techniques and issues in the drafting of effective settlement agreements both before and after a bankruptcy filing. Pre-filing drafting issues will include such “bankruptcy-proofing” matters as the risk of a paying party’s filing, including a preference or fraudulent transfer attack, the running of a statute of limitations, “bad-boy guarantees,” and the preservation of nondischargeability. Post-filing and general drafting issues will include governing law, conditions to effectiveness, completion mechanics, penalties, factual recitations, notice, scope of general releases, judicial involvement and follow-up mechanics.
Vanessa Peck Moody, Moderator
Goulston & Storrs PC; Boston
Hon. Mildred Caban
U.S. Bankruptcy Court (D. P.R.); San Juan
Jeffrey D. Ganz
Riemer & Braunstein LLP; Boston
James S. LaMontagne
Sheehan Phinney Bass + Green; Manchester, N.H.
Health Care Insolvency
Health care is a key industry in which restructuring work will likely continue to grow in the coming years. This panel will discuss issues unique to health care insolvency, including sales of assets to for-profit and not-for-profit buyers, compliance with applicable nonbankruptcy law (i.e., federal and state regulations, including all state attorney general requirements), regulatory concerns such anti-trust laws and the Health Insurance Portability and Accountability Act (HIPAA), and the liabilities surrounding the transfer of Medicare provider agreements and Medicare and Medicaid recoupment and setoff.
Daniel W. Sklar, Moderator
Nixon Peabody LLP; Manchester, N.H.
Elizabeth J. Austin
Pullman & Comley LLC; Bridgeport, Conn.
Scott B. Davis
Grant Thornton LLP; Charlotte, N.C.
John T. Morrier
Casner & Edwards, LLP; Boston
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn
Consumer Forum Session
Ethics: What Can the “Real Housewives of New Jersey” Teach Us About Professional Responsibility?
Disclosing assets and verifying a debtor’s information is the calling card of any conscientious debtor’s counsel. But how do the rules governing professional responsibility interplay with debtor’s counsel’s obligations under the Code? A real housewife in New Jersey recently blamed her attorney for her prison sentence following her guilty plea for bankruptcy fraud. Did her attorney commit an ethical violation? This panel will examine the record behind this headline-making case, as well as other recent bankruptcy court decisions that examine the ethical conduct and obligations of debtor’s counsel.
William J. McLeod, Moderator
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
Andrea M. O’Connor
Hendel & Collins, P.C.; Springfield, Mass.
Jennifer H. Pincus
Office of the U.S. Trustee; Portland, Maine
1:00 p.m.
Optional Events
Golf Tournament & ABI Golf Tour
Sponsored by Goodwin Procter LLP
Tennis Tournament
Sponsored by Mesirow Financial Consulting, LLC
Tour de ABI
Sponsored by Ruberto, Israel & Weiner, P.C. and Sheehan Phinney Bass + Green
1:00-3:00 p.m.
Optional Event
Beach Olympics
Sponsored by Nutter McClennen & Fish LLP
1:00-5:00 p.m.
Optional Event
BEACH VOLLEY BALL
Sponsored by Casner & Edwards, LLP
6:30-8:30 p.m.
Friday Reception
Sponsored by BlumShapiro, Finn Dixon & Herling LLP, Neubert, Pepe & Monteith, P.C., Pullman & Comley LLC, Reid and Riege, P.C., Updike, Kelly & Spellacy, P.C. and Zeisler & Zeisler, P.C.
Bars sponsored by Partridge, Snow & Hahn, LLP and Preti Flaherty Beliveau & Pachios, LLP
Kids’ Entertainment sponsored by Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Beach Bonfire sponsored by Paul E. Saperstein Co., Inc.Saturday, July 11
7:30-7:55 a.m.
Continental Breakfast
Sponsored by Brown Rudnick LLP and Murtha Cullina LLP
7:55-9:00 a.m.
Plenary Session
Where the Fugawi, and How Did We Get Here?
Young lawyers frequently learn that they will be working on a new chapter 11 case when they are directed to start drafting pleadings. This session, spearheaded by members of ABI’s Young & New Members Committee, is geared toward gaining an understanding of what precedes that moment by (1) advising and educating the new(er) generation of bankruptcy professionals on the background and “big picture” of a chapter 11 case, and (2) advising and educating the newest generation of bankruptcy professionals on pre-filing strategies. The panel will explore and help identify operational, financing and litigation problems that may be faced by distressed companies, then will explore both short-term and longer-term strategies that can be pursued before a petition is filed.
Mackenzie L. Shea, Moderator
K&L Gates LLP; Boston
Stephen S. Gray
Deloitte CRG; Boston
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Manchester
Harold B. Murphy
Murphy & King, PC; Boston
Berry Spears
Locke Lord LLP; Austin, TX
9:00-9:15 a.m.
Coffee Break
Sponsored by CapitalSource
9:15-10:30 a.m.
Repeat Business Sessions (4)
Technology’s Impact on the Everyday Practice of Law
How Much Momentum Will Momentive Create? Judicial Interpretation and Enforcement of Intercreditor Agreements
Drafting the Most Effective Settlement Agreements
Health Care Insolvency
Consumer Forum Session
Exemption Strategies after Law v. Siegel
This panel will explore the question of whether exemptions may be denied for bad faith and whether debtors may amend their claimed exemptions to assert a different statutory basis after an exemption has been denied, including the impact of potential res judicata and collateral estoppel claims. Case law developments since Law v. Siegel will be reviewed, as well as important strategic considerations for debtors, trustees and creditors.
Jessica A. Lewis, Moderator
Molleur Law Office; Biddeford, Maine
Hon. J. Michael Deasy (ret.)
U.S. Bankruptcy Court (D. N.H.); Manchester
Nathaniel R. Hull
Verrill Dana LLP; Portland, Maine
Alex F. Mattera
Demeo, LLP; Boston
10:30-10:45 a.m.
Coffee Break
Sponsored by Pepper Hamilton LLP
10:45 a.m.-12:00 noon
Repeat Business Sessions (5)
Insolvency of Professional Services Firms
The Difficult Client (Ethics)
Secured Claims: Determination of Secured Status, Make-Whole Provisions, Yield Maintenance and Credit-Bidding
Complex Commercial Valuation
Intellectual Property and Trademarks in Bankruptcy
Consumer Forum Session
Chapter 13: Developing Issues and the Challenges for Debtors, Creditors and Trustees
May a trustee make a distribution to a secured creditor that has not filed a proof of claim? Should trustees or debtors file surrogate claims if secured creditors have not? Does a debtor’s failure to make post‐petition payments to a creditor defeat the debtor’s eligibility for a discharge? This panel will address the emerging case law on whether direct post‐petition payments as required by the plan are considered “payments under the plan” as contemplated by § 1328(a), the growing complications that may arise from a secured creditor’s not filing proofs of claim, and the impact of proposed rule changes on these hot issues.
Randy J. Creswell, Moderator
Perkins Thompson; Portland, Maine
Peter C. Fessenden
Standing Chapter 13 Trustee (D. Me.); Brunswick
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Marques C. Lipton
Law Office of Nicholas F. Ortiz, P.C.; Boston
1:00-5:00 p.m.
Optional Event
Beach Volleyball
Sponsored by Phoenix Management Services
1:00-5:30 p.m.
Optional Event
Sport Fishing
Sponsored by Hinckley, Allen & Snyder LLP
4:00-5:15 p.m.
Seaside Chat
Hon. J. Michael Deasy (ret.)
U.S. Bankruptcy Court (D. N.H.); Manchester
Jay S. Geller
Law Office of Jay S. Geller; Portland, Maine
Prof. Ingrid Michelsen Hillinger
Boston College Law School; Newton, Mass.
6:00-7:00 p.m.
Sponsor Reception (invite only)
Sponsored by Foley Hoag LLP and Verdolino & Lowey, P.C.
7:00-10:00 p.m.
Saturday Beach Party
Sponsored by Deloitte CRG, Choate Hall & Stewart LLP and Ropes & Gray LLP
Bars sponsored by CRS Capstone Partners and WilmerHale
Entertainment Sponsored by FTI Consulting, Inc.
Kids’ Entertainment Sponsored by Goulston & Storrs PCSunday, July 12
7:30-8:30 a.m.
Continental Breakfast
Sponsored by Posternak Blankstein & Lund LLP
8:30-10:30 a.m.
Plenary Session
Lightning Rounds with Judges
If you, like most lawyers, are a product of a liberal arts education, many of your courses had lecture sessions and discussion sessions. This panel will be a discussion session. Conference judges will be set up at separate tables and will lead three 25-minute in-depth discussions on the topics that were addressed on their respective panels. Want to learn more about professional service firm insolvencies? Head for the table where that discussion is taking place. Want to tell war stories about difficult clients? There’s a table for you. Want to argue about the hypothetical vs. actual test for IP license assumption? You’re in luck; others do as well.
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Mildred Caban
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. Peter G. Cary
U.S. Bankruptcy Court (D. Me.); Portland
Hon. J. Michael Deasy (ret.)
U.S. Bankruptcy Court (D. N.H.); Manchester
Hon. Michael A. Fagone
U.S. Bankruptcy Court-Designate (D. Me.); Portland
Hon. Joan N. Feeney
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Diane Finkle
U.S. Bankruptcy Court (D. R.I.); Providence
Hon. Robert E. Gerber
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Edward A. Godoy
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Manchester
Hon. William C. Hillman
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Louis H. Kornreich
U.S. Bankruptcy Court (D. Me.); Bangor
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan
9:30-9:45 a.m.
Coffee Break
Sponsored by Argus Management Corporation
10:30 a.m.
Adjourn
Optional Events
Golf Tournament at Falmouth Country Club
Friday, July 10, 1:00 p.m.
Sponsored by Goodwin Procter LLP
Falmouth Country Club is a challenging 18-hole, par-72 course, not far from the Atlantic beaches, cranberry bogs, and all that is Cape Cod. Flat terrain, lush fairways and immaculate greens will bring out the best in your game. The fee for the shotgun golf tournament is $125 per player and includes green fee, cart, boxed lunch and prizes. Participants of all skill levels are encouraged to join in the tournament. Please check the appropriate box on the registration form to play, and indicate your handicap. For those participating in the ABI Golf Tour, this will be the third stop. Please check the ABI Golf Tour box on the registration form. For more information on the tour, see golf.abi.org.
Tennis Tournament
Friday, July 10, 1:00 p.m.
Sponsored by Mesirow Financial Consulting, LLC
Participants of all skill levels are encouraged to play in the Tennis Tournament. The $35-per-person fee includes boxed lunch, court fee and prizes. Please check the appropriate box on the registration form to play.
Tour de ABI
Friday, July 10, 1:00 p.m.
Sponsored by Nutter McClennen & Fish, LLP and Sheehan, Phinney, Bass + Green
Join us for the annual Tour de ABI bike ride as an expert biker, or you can opt to enjoy a more relaxing ride on a comfortable cruiser as you explore the Shining Sea Bikeway. Boxed lunches will be provided, and the ride will begin after lunch. The fee is $35 per person, which includes the boxed lunch. The per-person fee for the Tour de ABI along the Shining Sea Bikeway is $50, which includes bike rental and the boxed lunch. Please check the appropriate box on the registration form.
Beach Olympics
Friday, July 10, 1:00-3:00 p.m.
Sponsored by Nutter McClennen & Fish LLP
Join your fellow ABI friends and family for a fun-filled afternoon on the beach. There is no charge for this event, but signing up is required. Please check the appropriate box on the registration form.
BEACH VOLLEYBALL
Friday & Saturday, July 10 & 11, 1:00-5:00 p.m.
Sponsored by Casner & Edwards, LLP and Phoenix Management Services
Join your fellow ABI friends and family for a fun-filled afternoon on the beach. There is no charge for this event, but signing up is required. Please check the appropriate box on the registration form.
Sport Fishing
Saturday, July 11, 1:00-5:30 p.m.
Sponsored by Hinckley, Allen & Snyder LLP
Fish with an experienced captain, who will employ the latest in electronic gadgetry to enhance your fishing success. The captain will show you the best spots for striped bass and bluefish. In addition, the south side of Cape Cod has some of the best striper spots on the east coast: Martha's Vineyard, Nantucket and Cuttyhunk, just to name a few. Space is extremely limited and is available on a first-come, first-served basis. The $125-per-person fee includes a boxed lunch and onboard refreshments. Please check the appropriate box on the registration form.
Northeast Bankruptcy Conference Co-Chairs
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Manchester
John J. Monaghan
Holland & Knight LLP; Boston
Elisa M. Sartori
Mesirow Financial Consulting
Northeast Consumer Forum Co-Chairs
William J. McLeod
U.S. Bankruptcy Court (D. Mass.); Boston
James F. Molleur
Molleur Law Office; Biddeford, Maine
Advisory Board
Warren E. Agin
Swiggart & Agin, LLC
Patricia Antonelli
Partridge Snow & Hahn LLP
Henry P. Baer
Finn Dixon & Herling LLP
Janet E. Bostwick
Janet E. Bostwick, PC
Christopher M. Candon
Sheehan, Phinney, Bass + Green PA
Paul W. Carey
Mirick, O’Connell, De Maille & Lougee, LLP
Roger A. Clement, Jr.
Verrill Dana LLP
Shawn L. Doil
Perkins Thomson, Attorneys & Counselors at Law
Michael J. Epstein
Deloitte CRG
Jacob (Jack) Aaron Esher
MWI
Meg M. Feist
Choate, Hall & Stewart LLP
Michael J. Fencer
Jager Smith P.C.
Jeremy R. Fischer
Drummond Woodsum
Jay S. Geller
Law Office of Jay S. Geller
Michael J. Goldberg
Casner & Edwards, LLP
Douglas R. Gooding
Choate Hall & Stewart LLP
William J. Hanlon
Seyfarth Shaw LLP
Eric A. Henzy
Reid and Riege, P.C.
D. Ethan Jeffery
Murphy & King
Jeffrey L. Jonas
Brown Rudnick LLP
Gregory O. Kaden
Goulston & Storrs PC
Robert E. Kaelin
Murtha Cullina LLP
Marjorie E. Kaufman
Getzler Henrich & Associates LLC
Donald R. Lassman
Law Office of Donald R. Lassman
Benjamin W. Loveland
WilmerHale
David B. Madoff
Madoff & Khoury LLP
George J. Marcus
Marcus, Clegg & Mistretta
Richard E. Mikels
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Paul D. Moore
Duane Morris LLP
William R. Moorman
Partridge, Snow & Hahn, LLP
Guy B. Moss
Riemer & Braunstein LLP
Michael J. Pappone
Goodwin Procter LLP
Nina M. Parker
Parker & Associates
David Rychalsky
CRS Capstone Partners LLC
Natalie B. Sawyer
U.S. Bankruptcy Court (D. Mass.)
Andrew Z. Schwartz
Foley Hoag LLP
Mackenzie L. Shea
K&L Gates LLP
Denise M. Shear
Ostrander Law Office
Douglas S. Skalka
Neubert, Pepe & Monteith, P.C.
Daniel W. Sklar
Nixon Peabody LLP
Mark F. Stickney
Spinglass Management Group, LLC
Kevin J. Walsh
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mark F. Stickney
Spinglass Management Group, LLC
Robert P. Wexler
The Tron Group
James M. Wilton
Ropes & Gray LLP
Conference Information
Hotel Accommodations
Just minutes over the Bourne or Sagamore Bridges, the Sea Crest Beach Hotel in North Falmouth provides the perfect backdrop for the Northeast Conference. You’ll be greeted by pristine white sand beaches at Old Silver Beach, iconic cottage-lined streets, barefoot luxury and a casual, welcoming vibe. Enjoy Cape Cod living at the best in Cape Cod beachfront hotels.
ABI has arranged for a special conference rate of $339 per night. To secure the special rate, hotel reservations must be made by June 1, 2015. Reservations may only be made once you have registered with ABI. Upon payment of the conference registration fees, you will receive a hotel reservation link to reserve your room. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled. This hotel will sell out, so don’t delay!
Transportation
The resort is located about 70 miles from Boston’s Logan International Airport and Providence, R.I.’s T.F. Green International Airport.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by June 18, 2015. No refunds will be made if notice is received after June 18, although substitutions will be allowed. After June 18, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
Northeast Bankruptcy Conference: Approval for approximately 11 hours of CLE credit, including 1.25 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 13 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 11 hours, of which 1.25 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 13 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 13 hours of CPE credit, including 1.5 hours of ethics, are also available.
Northeast Consumer Forum: Approval for approximately 9 hours of CLE credit, including 1.25 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 10.5 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 9 hours, of which 1.25 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 10.5 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 10.5 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 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 [email protected].
ABI Northeast Scholarship Program
Scholarship funds are available for those who cannot afford to attend the program. Please send your request for approval to Jennifer Guirguis at [email protected]. Space is limited.
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at the Sea Crest Beach Hotel on Thursday, July 9, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
American Board of Certification Exams
Thursday, July 9, 2015, 9:00 a.m.-5:00 p.m. at the Sea Crest Beach Hotel
Call (319) 365-2222 or e-mail [email protected]Benefactor
BlumShapiro
BMS
Brown Rudnick LLP
CapitalSource
CRS Capstone LLC
Choate Hall & Stewart LLP
Deloitte CRG
Duane Morris, LLP
Finn Dixon & Herling LLP
Foley Hoag LLP
Gavin/Solmonese LLC
Getzler Henrich & Associates LLC
Goodwin Procter LLP
Gordon Brothers Group LLC
Goulston & Storrs PC
Greenberg Traurig, LLP
Halloran & Sage LLP
Hinckley Allen & Snyder
Mesirow Financial Consulting, LLCMintz Levin Cohn Ferris Glovsky and Popeo PC
Murphy & King
Murtha Cullina LLP
Neubert Pepe & Monteith PC
Nixon Peabody LLP
Partridge Snow & Hahn LLP
Pepper Hamilton LLP
Preti Flaherty Beliveau & Pachios, LLP
Pullman & Comley LLC
Reid and Reige PC
Ropes & Gray LLP
Salus Capital Partners
Sullivan & Worcester LLP
Updike Kelly Spellacy PC
Verdolino & Lowey PC
Wilmer Hale
Zeisler & Zeisler PCPatron
Argus Management Company
Bernstein Shur
Devine Millimet & Branch PA
Mirick O'Connell
Nutter McClennen & Fish LLP
Paul E. Saperstein Company
Phoenix Management Services
Posternak Blankstein & Lund LLP
Riemer & Braunstein LLP
Ruberto Israel & Weiner PC
Sheehan Phinney Bass + Green PASponsors
Aframe & Barnhill
Azarian Law Office, PLLC
Baker, Newman & Noyes
Bartlett Hackett Feinberg PC
Berry Dunn McNeil & Parker (Portland, Me)
Bowditch & Dewey LLP
Casner & Edwards
Drummond Woodsum
Eaton Peabody
Holland & Knight
Jager Smith PC
Janet E. Bostwick, PC
Law Office of Gary W. Cruickshank
Marcus Clegg & Mistretta, PAMorgan Lewis
Morrissey, Wilson & Zafiropoulos, LLPMWI
Pearce & Dow, LLC
Perkins Thompson, P.A.
Pierce Atwood LLP
Robinson & Cole
Salter McGowan Sylvia & Leonard Inc.
Seder & Chandler
Seyfarth Shaw
Shatz, Schwartz and Fentin, P.C.
Squire Patton Boggs
Swiggart & Agin LLC
The Tron Group
Verrill Dana LLP
William S. Gannon PLLCScholarship Fund Donors
Foley Hoag LLP
Mirick O'Connell
Murtha Cullina LLP
Nixon Peabody LLP
The Tron Group
Verdolino & Lowey PCSpecial Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, Conway MacKenzie for the conference thumb drives, Donlin, Recano & Company, Inc. for the conference app, Sherwood Partners, LLC/agencyIP for sponsoring the exhibit hall, Thomson Reuters for providing the printed educational materials and Wilmington Trust for the conference tote bags.
Rates
Registration Rates Early
(postmarked by 4/24/15)Regular
(4/25/15-6/5/15)Late
(after 6/5/15)ABI Member$650$700$795ABI Govt./Nonprofit ABI Member$425$450$475New ABI Member*$925$975$1,070Govt./Nonprofit New ABI Member**$520$545$570Registration includes meals, refreshment breaks, the Opening Reception and the written materials.
* There will be a $50 fee added to all on-site registrations.
** Includes a one-year ABI membership for first-time members — a $295 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.
Exhibitor Rates
ABI Member Exhibitor Registration***$1,600New ABI Member Exhibitor Registration****$1,895Additional Booth Representative$375*** Includes one 6’ table and full registration for one booth representative.
**** Includes one 6’table, full registration for one booth representative AND 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.
Optional Events
Opening ReceptionRegistrantAdult GuestChild (12 and under)
$0$50$25Golf Tournament$125ABI Golf Tour$125 Tennis Tournament$35Tour de ABI$35Tour de ABI Shining Sea Bikeway$50Beach Olympics$0Friday Reception and Beach Bonfire
RegistrantAdult GuestChild Guest (ages 12 and under)$15
$75
$25
Friday Beach Volleyball$0Saturday Beach Volleyball $0Sport Fishing$125Saturday Beach Party
RegistrantAdult Guest/Consumer Forum RegistrantChild Guest (ages 12 and under)$25
$100
$40
Please click here to register for the Northeast Consumer Forum
Event Information 228092
Thursday, July 9
9:00 a.m.-5:00 p.m.
ABC Exams
2:00 p.m
ABI Registration Desk and Exhibit Hall Open
5:00-6:00 p.m.
Emerging Leaders and Judges Roundtable (invite only)
Private roundtable for up-and-coming insolvency professionals and the judges in attendance.
6:00-8:00 p.m.
Opening Reception
Sponsored by Duane Morris LLP, Greenberg Traurig, LLP and Murphy & King
Friday, July 10
7:00-7:35 a.m.
Continental Breakfast
Sponsored by Gavin/Solmonese LLC
7:35-9:15 a.m.
Plenary Session
ABI Northeast Conference Trial Symposium 2015: Early and Expeditious Litigation Exits — from Deposition to Disposition
The trial team in this session will explore strategies to quickly discover essential facts relating to substantive and procedural legal defenses by discussing the use of discovery, the proper use of and best practices for motions for summary judgment and developing the summary judgment record, and strategies for opposing summary judgment in a contested matter to which Part VII of the Federal Rules of Bankruptcy Procedure apply. The context will be an objection to a proof of claim asserting legal defenses, including improper interest charges, based on a hypothetical case. The panelists will conduct several mock strategy sessions and a mock summary judgment hearing, and offer commentary from the trial team members.
Hon. Joan N. Feeney, Moderator
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
Patrick P. Dinardo
Sullivan & Worcester; Boston
Julia Frost-Davies
Morgan, Lewis & Bockius; Boston
Frederic D. Grant, Jr.
Law Office of Frederic Grant, Jr.; Boston
Hon. Louis H. Kornreich
U.S. Bankruptcy Court (D. Me.); Bangor
Peter B. McGlynn
Bernkopf Goodman LLP; Boston
Patrick J. O'Toole, Jr.
Weil, Gotshal & Manges LLP; Boston
9:15-9:30 a.m.
Coffee Break
Sponsored by Bernstein Shur
9:30-10:45 a.m.
Consumer Forum Session
Mortgage Regulation Update: New “Qualified Mortgage” and Ability-to-Pay Regulations, and Loan Servicing/Loss-Mitigation Regulations
Practitioners can get up to speed on the new “Qualified Mortgage Rule” (the “QM”) and the ability-to-pay regulations to prepare for future mortgage claim disputes. This panel will discuss the changes to TILA and RESPA, as well as the new Consumer Financial Protection Board (CFPB) regulations on mortgage servicing.
Patricia Antonelli, Moderator
Partridge, Snow & Hahn, LLP; Providence, R.I.
Amy N. Azza
Orlans Moran, PLLC; Waltham, Mass.
Hon. Diane Finkle
U.S. Bankruptcy Court (D. R.I.); Providence
Christopher M. Lefebvre
Claude Lefebvre, Christopher Lefebvre, P.C.; Pawtucket, R.I.
10:45-11:00 a.m.
Coffee Break
Sponsored by Nixon Peabody LLP
11:00 a.m.-12:15 p.m.
Consumer Forum Session
Ethics: What Can the “Real Housewives of New Jersey” Teach Us About Professional Responsibility?
Disclosing assets and verifying a debtor’s information is the calling card of any conscientious debtor’s counsel. But how do the rules governing professional responsibility interplay with debtor’s counsel’s obligations under the Code? A real housewife in New Jersey recently blamed her attorney for her prison sentence following her guilty plea for bankruptcy fraud. Did her attorney commit an ethical violation? This panel will examine the record behind this headline-making case, as well as other recent bankruptcy court decisions that examine the ethical conduct and obligations of debtor’s counsel.
William J. McLeod, Moderator
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
Andrea M. O’Connor
Hendel & Collins, P.C.; Springfield, Mass.
Jennifer H. Pincus
Office of the U.S. Trustee; Portland, Maine
1:00 p.m.
Optional Events
Golf Tournament & ABI Golf Tour
Sponsored by Goodwin Procter LLP
Tennis Tournament
Sponsored by Mesirow Financial Consulting, LLC
Tour de ABI
Sponsored by Nutter McClennen & Fish LLP and Sheehan Phinney Bass + Green
1:00-3:00 p.m.
Optional Event
Beach Olympics
Sponsored by Nutter McClennen & Fish LLP
6:30-8:30 p.m.
Friday Reception
Sponsored by BlumShapiro, Finn Dixon & Herling LLP, Neubert, Pepe & Monteith, P.C., Pullman & Comley LLC, Reid and Riege, P.C., Updike, Kelly & Spellacy, P.C. and Zeisler & Zeisler, P.C.
Kids’ Entertainment sponsored by Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Beach Bonfire sponsored by Paul E. Saperstein Co., Inc.Saturday, July 11
7:30-7:55 a.m.
Continental Breakfast
Sponsored by Brown Rudnick LLP and Murtha Cullina LLP
7:55-9:00 a.m.
Plenary Session
Where the Fugawi, and How Did We Get Here?
Young lawyers frequently learn that they will be working on a new chapter 11 case when they are directed to start drafting pleadings. This session, spearheaded by members of ABI’s Young & New Members Committee, is geared toward gaining an understanding of what precedes that moment by (1) advising and educating the new(er) generation of bankruptcy professionals on the background and “big picture” of a chapter 11 case, and (2) advising and educating the newest generation of bankruptcy professionals on pre-filing strategies. The panel will explore and help identify operational, financing and litigation problems that may be faced by distressed companies, then will explore both short-term and longer-term strategies that can be pursued before a petition is filed.
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Manchester
Stephen S. Gray
Deloitte CRG; Boston
Harold B. Murphy
Murphy & King, PC; Boston
Shannon L. Nagle
CIT Group Inc.; New York
9:00-9:15 a.m.
Coffee Break
Sponsored by CapitalSource
Consumer Forum Session
Exemption Strategies after Law v. Siegel
This panel will explore the question of whether exemptions may be denied for bad faith and whether debtors may amend their claimed exemptions to assert a different statutory basis after an exemption has been denied, including the impact of potential res judicata and collateral estoppel claims. Case law developments since Law v. Siegel will be reviewed, as well as important strategic considerations for debtors, trustees and creditors.
Jessica A. Lewis, Moderator
Molleur Law Office; Biddeford, Maine
Hon. J. Michael Deasy (ret.)
U.S. Bankruptcy Court (D. N.H.); Manchester
Nathaniel R. Hull
Verrill Dana LLP; Portland, Maine
Alex F. Mattera
Demeo, LLP; Boston
10:30-10:45 a.m.
Coffee Break
Sponsored by Pepper Hamilton LLP
Consumer Forum Session
Chapter 13: Developing Issues and the Challenges for Debtors, Creditors and Trustees
May a trustee make a distribution to a secured creditor that has not filed a proof of claim? Should trustees or debtors file surrogate claims if secured creditors have not? Does a debtor’s failure to make post‐petition payments to a creditor defeat the debtor’s eligibility for a discharge? This panel will address the emerging case law on whether direct post‐petition payments as required by the plan are considered “payments under the plan” as contemplated by § 1328(a), the growing complications that may arise from a secured creditor’s not filing proofs of claim, and the impact of proposed rule changes on these hot issues.
Randy J. Creswell, Moderator
Perkins Thompson; Portland, Maine
Peter C. Fessenden
Standing Chapter 13 Trustee (D. Me.); Brunswick
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Marques C. Lipton
Law Office of Nicholas F. Ortiz, P.C.; Boston
1:00-3:00 p.m.
Optional Event
Beach Volleyball
Sponsored by Phoenix Management Services
1:00-5:30 p.m.
Optional Event
Sport Fishing
Sponsored by Hinckley, Allen & Snyder LLP
4:00-5:15 p.m.
Seaside Chat
6:00-7:00 p.m.
Sponsor Reception (invite only)
Sponsored by Foley Hoag LLP and Verdolino & Lowey, P.C.
7:00-10:00 p.m.
Saturday Beach Party (optional)
Sponsored by Deloitte CRG, Choate Hall & Stewart LLP and Ropes & Gray LLP
Kids’ Entertainment Sponsored by Goulston & Storrs PCNortheast Bankruptcy Conference Co-Chairs
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Manchester
John J. Monaghan
Holland & Knight LLP; Boston
Elisa M. Sartori
Mesirow Financial Consulting
Northeast Consumer Forum Co-Chairs
William J. McLeod
U.S. Bankruptcy Court (D. Mass.); Boston
James F. Molleur
Molleur Law Office; Biddeford, Maine
Advisory Board
Warren E. Agin
Swiggart & Agin, LLC
Patricia Antonelli
Partridge Snow & Hahn LLP
Henry P. Baer
Finn Dixon & Herling LLP
Janet E. Bostwick
Janet E. Bostwick, PC
Christopher M. Candon
Sheehan, Phinney, Bass + Green PA
Paul W. Carey
Mirick, O’Connell, De Maille & Lougee, LLP
Roger A. Clement, Jr.
Verrill Dana LLP
Shawn L. Doil
Perkins Thomson, Attorneys & Counselors at Law
Michael J. Epstein
Deloitte CRG
Jacob (Jack) Aaron Esher
MWI
Michael A. Fagone
U.S. Bankruptcy Court-Designate (D. Me.); Portland
Meg M. Feist
Sling TV L.L.C
Michael J. Fencer
Jager Smith P.C.
Jeremy R. Fischer
Drummond Woodsum
Jay S. Geller
Law Office of Jay S. Geller
Michael J. Goldberg
Casner & Edwards, LLP
Douglas R. Gooding
Choate Hall & Stewart LLP
William J. Hanlon
Seyfarth Shaw LLP
Eric A. Henzy
Reid and Riege, P.C.
D. Ethan Jeffery
Murphy & King
Jeffrey L. Jonas
Brown Rudnick LLP
Gregory O. Kaden
Goulston & Storrs PC
Robert E. Kaelin
Murtha Cullina LLP
Marjorie E. Kaufman
Getzler Henrich & Associates LLC
Donald R. Lassman
Law Office of Donald R. Lassman
Benjamin W. Loveland
WilmerHale
David B. Madoff
Madoff & Khoury LLP
George J. Marcus
Marcus, Clegg & Mistretta
Richard E. Mikels
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Paul D. Moore
Duane Morris LLP
William R. Moorman
Craig and Macauley PC
Guy B. Moss
Riemer & Braunstein LLP
Michael J. Pappone
Goodwin Procter LLP
Nina M. Parker
Parker & Associates
David Rychalsky
Capstone Partners
Natalie B. Sawyer
U.S. Bankruptcy Court (D. Mass.)
Andrew Z. Schwartz
Foley Hoag LLP
Mackenzie L. Shea
K&L Gates LLP
Denise M. Shear
Ostrander Law Office
Douglas S. Skalka
Neubert, Pepe & Monteith, P.C.
Daniel W. Sklar
Nixon Peabody LLP
Mark F. Stickney
Spinglass Management Group, LLC
Kevin J. Walsh
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mark F. Stickney
Spinglass Management Group, LLC
Robert P. Wexler
The Tron Group
James M. Wilton
Ropes & Gray LLP
Conference Information
Hotel Accommodations
Just minutes over the Bourne or Sagamore Bridges, the Sea Crest Beach Hotel in North Falmouth provides the perfect backdrop for the Northeast Conference. You’ll be greeted by pristine white sand beaches at Old Silver Beach, iconic cottage-lined streets, barefoot luxury and a casual, welcoming vibe. Enjoy Cape Cod living at the best in Cape Cod beachfront hotels.
ABI has arranged for a special conference rate of $339 per night. To secure the special rate, hotel reservations must be made by June 1, 2015. Reservations may only be made once you have registered with ABI. Upon payment of the conference registration fees, you will receive a hotel reservation link to reserve your room. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled. This hotel will sell out, so don’t delay!
Transportation
The resort is located about 70 miles from Boston’s Logan International Airport and Providence, R.I.’s T.F. Green International Airport.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by June 18, 2015. No refunds will be made if notice is received after June 18, although substitutions will be allowed. After June 18, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
Northeast Bankruptcy Conference: Approval for approximately 11 hours of CLE credit, including 1.25 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 13 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 11 hours, of which 1.25 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 13 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 13 hours of CPE credit, including 1.5 hours of ethics, are also available.
Northeast Consumer Forum: Approval for approximately 9 hours of CLE credit, including 1.25 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 10.5 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 9 hours, of which 1.25 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 10.5 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 10.5 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 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 [email protected].
ABI Northeast Scholarship Program
Scholarship funds are available for those who cannot afford to attend the program. Please send your request for approval to Jennifer Guirguis at [email protected]. Space is limited.
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at the Sea Crest Beach Hotel on Thursday, July 9, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
American Board of Certification Exams
Thursday, July 9, 2015, 9:00 a.m.-5:00 p.m. at the Sea Crest Beach Hotel
Call (319) 365-2222 or e-mail [email protected]Benefactor
BlumShapiro
Brown Rudnick LLP
CapitalSource
CRS Capstone LLC
Choate Hall & Stewart LLP
Deloitte CRG
Duane Morris, LLP
Finn Dixon & Herling LLP
Foley Hoag LLP
Gavin/Solmonese LLC
Getzler Henrich & Associates LLC
Goodwin Procter LLP
Gordon Brothers Group LLC
Goulston & Storrs PC
Greenberg Traurig, LLP
Hinckley Allen & Snyder
Mesirow Financial Consulting, LLCMintz Levin Cohn Ferris Glovsky and Popeo PC
Murphy & King
Murtha Cullina LLP
Neubert Pepe & Monteith PC
Nixon Peabody LLP
Partridge Snow & Hahn LLP
Pepper Hamilton LLP
Preti Flaherty Beliveau & Pachios, LLP
Pullman & Comley LLC
Reid and Reige PC
Ropes & Gray LLP
Salus Capital Partners
Sullivan & Worcester LLP
Updike Kelly Spellacy PC
Verdolino & Lowey PC
Wilmer Hale
Zeisler & Zeisler PCPatron
Argus Management Company
Bernstein Shur
Devine Millimet & Branch PA
Mirick O'Connell
Nutter McClennen & Fish LLP
Paul E. Saperstein Company
Phoenix Management Services
Posternak Blankstein & Lund LLP
Riemer & Braunstein LLP
Ruberto Israel & Weiner PC
Sheehan Phinney Bass + Green PASponsors
Aframe & Barnhill
Azarian Law Office, PLLC
Baker, Newman & Noyes
Bartlett Hackett Feinberg PC
Berry Dunn McNeil & Parker (Portland, Me)
Bowditch & Dewey LLP
Casner & Edwards
Drummond Woodsum
Eaton Peabody
Holland & Knight
Jager Smith PC
Janet E. Bostwick, PC
Law Office of Gary W. Cruickshank
Marcus Clegg & Mistretta, PAMorgan Lewis
Morrissey, Wilson & Zafiropoulos, LLPMWI
Pearce & Dow, LLC
Perkins Thompson, P.A.
Pierce Atwood LLP
Robinson & Cole
Salter McGowan Sylvia & Leonard Inc.
Seder & Chandler
Seyfarth Shaw
Shatz, Schwartz and Fentin, P.C.
Squire Patton Boggs
Swiggart & Agin LLC
The Tron Group
Verrill Dana LLP
William S. Gannon PLLCScholarship Fund Donors
Foley Hoag LLP
Mirick O'Connell
Murtha Cullina LLP
Nixon Peabody LLP
The Tron Group
Verdolino & Lowey PCSpecial Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, Conway MacKenzie for the conference thumb drives, Donlin, Recano & Company, Inc. for the conference app, Sherwood Partners, LLC/agencyIP for sponsoring the exhibit hall, Thomson Reuters for providing the printed educational materials and Wilmington Trust for the conference tote bags.
Rates
Registration Rates Early
(postmarked by 4/24/15)Regular
(4/25/15-6/5/15)Late
(after 6/5/15)ABI Member$295$345$395New ABI Member*$545$595$645Please click here to register for the Northeast Bankruptcy Conference
Event Information 228222
Thursday, June 18
8:15-9:00 a.m.
Registration and Coffee/Tea
9:00-9:15 a.m.
Welcome by Conference Leadership
9:15-10:30 a.m.
Oil and Gas Restructurings: The Coming “Global Boom”?
Many companies operating in and around the energy industry have been adversely affected by the recent precipitous drop in the price of oil, a global trend that has exposed vulnerabilities in a number of industry segments and individual companies. The companies, their exposures and the complicated issues raised by their distress span the Americas. This panel will introduce the industry and recent trends, cover the ways that these companies finance themselves and operate, and discuss a number of complex multijurisdictional finance, legal, regulatory and environmental issues that will be significant in these restructurings.
Damian S. Schaible, Moderator
Davis Polk & Wardwell LLP; New York
James Donnell
Baker & McKenzie; New York
Jonathan Lurvey
Blackstone Advisory Partners; New York
Ignacio Quesada
Alvarez & Marsal; Mexico City
David Yager
MNP, LLP; Calgary, Alta.
10:30-10:45 a.m.
Coffee Break
Sponsored by KRyS Global
10:45 a.m.-12:00 noon
Recent Challenges Faced by Foreign Representatives Seeking Relief Under Chapter 15
Foreign representatives have begun using chapter 15 more creatively in seeking a broad array of relief; consequently, parties in the U.S. have increasingly been raising a number of challenges. In 2014, foreign representatives were presented with a number of objections to chapter 15 relief, including objections questioning the proper location of the foreign debtor’s center of main interests and the fairness of proceedings before the foreign court. This panel will discuss cases that address these issues, including In re Octaviar Admin. Pty Ltd., In re Suntech Power Holdings Co. Ltd. and In re Rede Energia, S.A., and the steps the foreign representatives in those cases took to maximize their likelihood of obtaining relief in the U.S. The panel will also discuss whether chapter 15 recognition is a prerequisite to seeking relief in a U.S. court, and will analyze the split of authority on that issue.
Howard Seife, Moderator
Chadbourne & Parke LLP; New York
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Keiran W. Hutchison
Ernst & Young; Grand Cayman, Cayman Islands
Mark McDonald
Grant Thornton (BVI) Ltd.; Tortola, BVI
Ronald J. Silverman
Hogan Lovells US LLP; New York
12:00-1:15 p.m.
Bloomberg Law's Eye on Bankruptcy with Bill Rochelle: Focus on Brazil's Petrobas
Sponsored by Solomon Harris
In the past few months, we have seen once-prominent Brazilian companies face financial distress as a result of governmental mistakes, political unease, global decline in oil and gas prices and the downturn in the local credit markets. Most importantly, the Petrobras bribery and corruption scandal has had wide-ranging effects on Brazilian companies, from the criminal prosecution of corporate executives to open-ended prohibitions on future contracts with Petrobras and, in some instances, fines millions of reais. Fabio Vassel and Luis DeLucio will discuss how the current Brazilian economic and political landscape is likely to impact Brazilian companies, lenders and investors in the years to come.
Luis DeLucio
Alvarez & Marsal
Fabio Vassel
Banco Brasil Plural; Sao Paulo, Brazil
1:15-2:30 p.m.
Opportunities and Obstacles Under New(er) Insolvency Rules in Latin America
This panel will feature a discussion with leading experts in the field of Latin American restructurings about the recent — and not-so-recent — updates to insolvency statutes throughout the region. While some of these new insolvency regimes remain largely untested, others offer both lessons and open questions about the potential for a true convergence of Latin American restructuring laws to other more established and tested jurisdictions. Market experts will discuss the latest developments in Latin American restructurings and offer their insights into the opportunities and challenges facing investors and lenders in the current Latin American economy.
Timothy Graulich, Moderator
Davis Polk & Wardwell LLP; New York
Ashish Karandikar
Apax Partners, LP; New York
Paul J. Keenan, Jr.
Greenberg Traurig, LLP; Miami
Eduardo Augusto Mattar
Pinheiro Guimarães - Advogados; Sao Paulo, Brazil
Jorge Padilla
GE Capital; Mexico
2:30-2:45 p.m.
Afternoon Refreshment Break
Sponsored by MNP Ltd.
2:45-4:00 p.m.
Recent Developments in Offshore Jurisdictions
Claudia R. Tobler, Moderator
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Washington, D.C.
Matthew Crawford
Maples and Calder; George Town, Grand Cayman, Cayman Islands
Kenneth M. Krys
KRyS Global; Grand Cayman, Cayman Islands
Helena Sprenger
Houthoff Buruma, New York
Colette Wilkins
Walkers; Cayman Islands
4:00 p.m.
Adjourn
Co-Chairs
James A. Katchadurian
Epiq Systems, Inc.; New York
Damian S. Schaible
Davis Polk & Wardwell LLP; New York
Frank Spizzirri
Baker & McKenzie LLP; Toronto
Advisory Board
Jasmine Ball
Debevoise & Plimpton LLP; New York
C.J. Brown
The Blackstone Group L.P.; New York
Timothy Graulich
Davis Polk & Wardwell LLP; New York
Floris B. Iking
Alvarez & Marsal; Mexico City
Paul J. Keenan, Jr.
Greenberg Traurig, LLP; Miami
Elizabeth R. McColm
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Andrew Rosenblatt
Chadbourne & Parke LLP; New York
Ronald J. Silverman
Hogan Lovells US LLP; New York
Conference Information
Location
The conference will be held at the headquarters of the New York City Bar Association, located at 42 West 44th Street, New York, NY 10036.
Continuing Education Credit
5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 6 hours of general CLE credit 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 in the amount of 5 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 6 hours of credit, which can be applied toward professional practice. 6 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees have some 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 complaints and refunds, 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. For information on tuition assistance, send an e-mail [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by May 28, 2015. No refunds will be granted after May 28, but substitutions will be allowed. After May 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.
Sponsors
Baker & McKenzie
KRyS Global
MNP Ltd
Solomon Harris
The Canadian Bar AssociationRates
Registration Rates Regular ABI Member$395Non ABI Member$495Event Information 229523
Monday, May 4
11:30 a.m. - 1:00pm
Bag Drop & Registration, Deluxe Practice Facility, and Box Lunches on the Veranda
1:00 p.m
Shotgun Start, two on course beverage stations and a roaming hospitality cart
5:00 - 6:30 p.m.
Cocktail Reception, Hors D'Oeuvres, and Silent Auction on Fernanda
6:30 p.m. - 8:00 p.m.
Buffett Dinner in the Hartefeld Room
Event Sponsors
Ashby & Geddes, Bill Bowden
James Bird, Polsinelli
Buchanan Ingersoll & Rooney PC
Cozen O'Conner, Mark Felger
DLS Claims Administration, Ty Workman
DLS Discovery, Jeremy Luzader
Epiq Systems, Lance Wickel
Gavin/Solmonese LLC
Gellert Scali Busenkell & Brown LLCReliable, Larry Taylor
Rust Omni, Brian Osborne / Paul Deutch
Potter Anderson & Corroon LLP, Jeremy Ryan
Mitch Ryan, personal friend of Steve Yoder
Trial Transport Logistics, Mike Schierbaum
UpShot Services LLC, Travis K. Vandell
Christopher A. Ward, Polsinelli
Chuck Ward, Data Medical
Young Conaway Stargatt & Taylor, LLP
A. Jeffrey Zappone, Conway MacKenzieTo get the information about Sponsorship Opportunities please click here (PDF file) or contact Sharisa Sloan at [email protected]
Rates
For golfers $175 For non-golfers $100 For foursomes $600 For more information, contact Sharisa Sloan at [email protected]Event Information 229561
Thursday, September 10
8:00 a.m.
Optional Event
Golf Tournament at Royal Links Golf Club
Sponsored by Snell & Wilmer, LLP
9:00 a.m.-5:00 p.m.
American Board of Certification Exams
3:00-6:00 p.m.
ABI Registration Desk Open
5:00-6:00 p.m.
Emerging Leaders and Judges Roundtable (invite only)
Private roundtable for up-and-coming insolvency professionals and the judges in attendance.
6:00-8:00 p.m.
Opening Reception
Sponsored by Development Specialists, Inc., Gordon Silver, KCC and Perkins Coie LLP
Friday, September 11
7:00 a.m.-5:00 p.m.
ABI Registration Desk Open
7:30-8:00 a.m.
Networking Breakfast
Sponsored by Alvarez & Marsal Restructuring and Corporate Finance and McGlinchey Stafford, PLLC
8:00-9:30 a.m.
Very Good Debates
John W. Lucas, Moderator
Pachulski Stang Ziehl & Jones LLP; San Francisco
Judicial Debate
Resolved: The “disinterestedness” requirement should be strictly enforced under § 327 (no waivers or ethical walls).
Pro: Hon. Randall L. Dunn
U.S. Bankruptcy Court (D. Or.); Portland
Con: Hon. Madeleine C. Wanslee
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Business Debate
Resolved: Acceleration of a debt obligation under a credit agreement should act to prevent the lender from enforcing a prepayment premium
Pro: Lori Sinanyan
Jones Day; Los Angeles
Con: Michael H. Strub, Jr.
Irell & Manella LLP; Newport Beach, Calif.
Consumer Debate
Resolved: Attorneys should be permitted to unbundle services under an engagement agreement with a consumer debtor.
Pro: Samuel A. Schwartz
The Schwartz Law Firm, Inc.; Las Vegas
Con: John R. Bollinger
Boleman Law Firm, P.C.; Hampton, Va.
9:30-9:45 a.m.
Coffee Break
Sponsored by Loeb & Loeb LLP
9:45-11:00 a.m.
Concurrent Sessions (4)
Cutting-Edge Issues in Retention and Fee Applications
This panel will address disclosure issues relating to disinterestedness, compensation and reimbursement requirements, compensation of fees incurred defending fee applications, and flat-fee arrangements between chapter 7 debtors and counsel, and other issues.
Jordan A. Kroop, Moderator
Perkins Coie LLP; Phoenix
Jason S. Brookner
Gray Reed & McGraw, P.C.; Dallas
Tracy Hope Davis
Office of the U.S. Trustee; San Francisco
Hon. Randall L. Dunn
U.S. Bankruptcy Court (D. Or.); Portland
Casino and Gaming Issues in Chapter 11 Cases
This panel will discuss the first-day orders necessary to keep a casino open (including regulatory interplay), including motions related to chips, loyalty programs and progressive play. Featured will be a discussion of the issues related to valuation and the extent of security interests, including cash as proceeds of gaming collateral and perfection of bankroll, along with issues related to plan confirmation and § 363 sales, including regulatory limitations and protection of customer lists.
Thomas R. Kreller, Moderator
Milbank, Tweed, Hadley & McCloy LLP; Los Angeles
Rudy J. Cerone
McGlinchey Stafford PLLC; New Orleans
Jeffrey R. Truitt
FTI Consulting, Inc.; Los Angeles
Hon. Gregg W. Zive
U.S. Bankruptcy Court (D. Nev.); Reno
Litigation In the Bankruptcy World – Selected Hot Issues
While case flings are down, the disputes that rage on in the cases have continued on. The panel will address three (3) selected litigation issues impacting the process: (a) Discovery Matters In Bankruptcy Cases – “Get to the point, get there quickly, get there cost effectively, and get the facts and documents organized”; (b) Expert Witness Matters – “If they know more than you, they must be an expert – right?” Bankruptcy Judges are becoming more discriminating (and more selective) in who and what is a proper expert and the purview of expert testimony. The panel will discuss and explore the Daubert criteria for experts, and discuss practical and strategic issues related to the effective use of expert testimony in bankruptcy litigation; and (c) Examiner Reports In Bankruptcy Litigation – we paid a lot of money and used up a lot of time on this report – now what? The legal and strategic issues related to examiner reports in bankruptcy cases.
Thomas J. Salerno, Moderator
Stinson Leonard Street LLP; Phoenix.
Hon. Bruce T. Beesley
U.S. Bankruptcy Court (D. Nev.); Reno
Colleen M. Keating
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Howard Jay Steinberg
Greenberg Traurig, LLP; Los Angeles
Hot Consumer Bankruptcy Topics
This year’s hot topics will include two cases currently pending before the U.S. Supreme Court: the Caulkett decision concerning lien-stripping on primary residences in chapter 7 cases, and the Harris case regarding distribution of funds held by a chapter 13 trustee upon conversion to chapter 7. The panel will discuss a new Ninth Circuit BAP decision, one of only two in the country, concerning the dischargeability of certain student debts to for-profit institutions, as well as an emerging trend of using the Eleventh Circuit Crawford decision and the FDCPA to challenge “stale” proofs of claim for student debt. The presentation will address lenders refusing to retake abandoned collateral, as well as conflicting results from disposable-income tests, and other issues that will be of interest to those representing parties in consumer cases.
Claire Ann Resop, Moderator
Steinhilber, Swanson & Resop; Madison, Wis.
Ariane Holtschlag
The Law Office of William J. Factor, Ltd.; Chicago
Shelley D. Krohn
Shelley D. Krohn, Ltd.; Las Vegas
Hon. Paul Sala
U.S. Bankruptcy Court (D. Ariz.); Phoenix
11:00-11:15 a.m.
Coffee Break
Sponsored by Gavin/Solmonese LLC
11:15 a.m.-12:30 p.m.
Concurrent Sessions (4)
Hot Topics in Chapter 11
This panel will address a variety of issues in chapter 11 cases, including cramdown interest rates, credit-bidding and equitable mootness, among other issues.
James T. Markus, Moderator
Markus Williams Young & Zimmermann, LLC; Denver
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Marc Bilbao
Imperial Capital, LLC; Los Angeles
Carolyn J. Johnsen
Dickinson Wright PLLC; Phoenix
Justin E. Rawlins
Winston & Strawn LLP; Los Angeles
Criminal and Civil Investigations of Corporate Debtors and Management
This panel will discuss the ways that companies and their advisers can address issues relating to governmental agency investigations (SEC, FBI, IRS) of the debtor and its management, including nondebtor stays, exceptions to discharge and other issues.
Cathy L. Reece, Moderator
Fennemore Craig, P.C.; Phoenix
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Kevin D. Evans
Armstrong Teasdale LLP; Denver
Ronald A. Zahn
Western Forensic Services LLC; Phoenix
How to Prepare Corporate and Individual Debtors for Bankruptcy
This panel will address various pre-bankruptcy planning issues for counsel to consider in preparing corporate or individual debtors for a filing of a case under chapter 7 or 11. Featured will be a discussion on legal, ethical and practical considerations in connection with the initial interviews of potential debtors, preparation of the bankruptcy filing, and preparation of the debtor for what is to follow once a case is commenced.
Peter J. Gurfein, Moderator
Landau Gottfried & Berger LLP; Los Angeles
Jessica C.K. Boelter
Sidley Austin LLP; Chicago
Ford Elsaesser
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho
Daniel R. Williams
Fenix Financial Forensics LLC; Scottsdale, Ariz.
Intersection Between Bankruptcy and Nonbankruptcy Law
Chaos erupts when a bankruptcy case collides with different spheres of the law. Bankruptcy lawyers continuously have to consider other legal areas in the course of their practice. Your clients routinely seek your guidance because of legal problems arising from other legal matters, ranging from divorce to real estate to commercial litigation. This presentation will assist you in rendering proper legal advice.
Randy Nussbaum, Moderator
Nussbaum Gillis & Dinner, P.C.; Scottsdale, Ariz.
Hon. Eddward P. Ballinger, Jr.
U.S. Bankruptcy Court (D. Ariz.); Phoenix
John G. Loughnane
Nutter McClennen & Fish LLP; Boston
Brian D. Shapiro
Law Office of Brian D. Shapiro; Las Vegas
12:30-1:15 p.m.
Networking Luncheon
Sponsored by Engelman Berger, PC, Jefferies LLC, Schnader Harrison Segal & Lewis LLP and Winston & Strawn LLP
1:15-2:15 p.m.
Luncheon Keynote: Oscar Goodman, Former Mayor of Las Vegas
2:15-3:30 p.m.
Concurrent Sessions (3)
“Top 10” Changes to Asset Sales Under § 363 of the Bankruptcy Code
This panel will discuss current issues in the stand-alone asset sale process and propose ways that this process can be improved to address the competing interests of the constituencies in a bankruptcy case.
Rob Charles, Moderator
Lewis Roca Rothgerber LLP; Tucson, Ariz.
Hilary L. Barnes
Allen Maguire & Barnes, PLC; Phoenix
Oren B. Haker
Stoel Rives LLP; Portland, Ore.
Hon. Margaret M. Mann
U.S. Bankruptcy Court (S.D. Cal.); San Diego
Professionalism
“So, a lawyer, a judge, and two ABI Presidents walk into a bar….” This panel on professionalism will be designed as a roundtable discussion on professional conduct within the world of bankruptcy. The panelists will discuss ABI’s Principles of Civility and engage the audience in a thoughtful discussion about managing professional relationships with clients, opposing counsel/parties, and the court.
Patrick A. Clisham, Moderator
Engelman Berger, PC; Phoenix
Hon. Daniel P. Collins
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Patricia A. Redmond
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.; Miami
James Patrick Shea
Armstrong Teasdale LLP; Las Vegas
Avoiding Malpractice in Consumer Cases
This panel will address various ethical and substantive issues that can arise when representing consumer debtors.
Karen L. Kellett, Moderator
Armstrong Kellett Bartholow P.C.; Dallas
Hon. August B. Landis
U.S. Bankruptcy Court (D. Nev.); Las Vegas
Allan D. NewDelman
Law Office of Allan D. NewDelman, P.C.; Phoenix
Lenard E. Schwartzer
Schwartzer & McPherson Law Firm; Las Vegas
3:30-3:45 p.m.
Refreshment Break
Sponsored by Proskauer and Shumaker, Loop & Kendrick, LLP
3:45-5:00 p.m.
Concurrent Sessions (2)
Oil & Gas Industry-Specific Bankruptcy Issues
With low energy commodity prices the new reality, E&P companies are being forced to restructure their balance sheets — both in and out of court. This panel will discuss legal issues that are crucial to advising a client in E&P restructurings and how those issues may shape your strategy, including oil and gas leases as absolute conveyances and the protection of royalty-holders; ORRIs, NPIs and production payments; plugging and abandonment liability; M&M liens; borrowing bases under RBL credit facilities; and joint operating agreements.
Frank A. Merola, Moderator
Stroock & Stroock & Lavan LLP; Los Angeles
Dean E. Swick
Alvarez & Marsal; Century City, Calif.
Hon. Barbara J. Houser
U.S. Bankruptcy Court (N.D. Tex.); Dallas
Deborah D. Williamson
Dykema Cox Smith; San Antonio
Playing for Profit: The Bondholder’s Playbook
The existence of multiple bondholders can impose uncertainty and gamesmanship in a contest for economic gain from distressed corporate situations. The paper that they hold rarely tells the whole story; bondholders may have competing investments, undisclosed hedges and varying purchase price discounts that make it impossible to determine their true position. This panel will explore issues related to bondholder-led restructurings and takeovers, including the operation of ad hoc committees, the role of indenture trustees, conflicts, disclosures, subordination and deal structures.
Scott F. Gautier, Moderator
Robins Kaplan LLP; Los Angeles
Jeffrey H. Davidson
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Stephen M. Pezanosky
Haynes and Boone, LLP; Fort Worth, Texas
Teri Stratton
Piper Jaffray Cos.; El Segundo, Calif.
5:00-6:00 p.m.
Craft Beer Tasting Happy Hour
Sponsored by FTI Consulting, Inc., McGuire Woods LLP, Nussbaum Gillis & Dinner, P.C., Robins, Kaplan, Miller & Ciresi, LLP and Stinson Leonard Street LLP
7:30 p.m.
Optional Event
Michael Jackson’s ONE
Saturday, September 12
8:00 a.m.-12:00 noon
ABI Registration Desk Open
8:30-9:00 a.m.
Networking Breakfast
Sponsored by Allen Maguire & Barnes PLC and Greenberg Traurig, LLP
9:00-10:15 a.m.
Hot Topics: Judges’ Roundtable Q&A
This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country. The judges will share their thoughts and perspectives, as well as take questions from the audience, on topics of current interest in both business and consumer cases.
10:15-10:30 a.m.
Coffee Break
Sponsored by Ernst & Young LLP and Pachulski Stang Ziehl & Jones LLP
10:30-11:45 a.m.
Plenary Session
Ethics
This panel will address current ethical topics relating to attorney and client conduct in the context of out-of-court and bankruptcy restructurings.
Steven M. Berman, Moderator
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Donald W. Fitzgerald
Felderstein Fitzgerald Willoughby & Pascuzzi LLP; Sacramento, Calif.
Hon. Scott H. Gan
U.S. Bankruptcy Court (D. Ariz.); Tucson
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
11:45 a.m.
Adjourn
Optional Events
Golf Tournament at Royal Links Golf Club
Sponsored by Snell & Wilmer, LLP
Thursday, September 10, 8:00 a.m.
Missed your invitation to play in the British Open? Don’t worry; you can still play 18 of the best holes from 11 different British Open rotation courses. Conveniently located less than nine miles from the heart of the world-famous Las Vegas Strip, Royal Links is not your typical golf course. Whether you are interested in the history of the game or just want a shot at besting Tiger Woods’s course record of 67 (Feb. 2001), Royal Links is sure to provide you with some great golfing memories. The $190 green fee includes transportation from the Four Seasons, all tournament fees and lunch at the tournament’s conclusion. Please mark the appropriate box on the registration form, and indicate your handicap. For those participating in the ABI Golf Tour, this will be the sixth stop. Please check the ABI Golf Tour box on the registration form. For more information on the tour, see golf.abi.org.
Michael Jackson’s ONE
Friday, September 11, 7:30 p.m.
Michael Jackson’s ONE is a sonic, tonic fusion of acrobatics, dance and visuals that takes the audience on an immersive journey through the music and spirit of Michael Jackson. Driven by Michael’s powerful, multi-layered music — heard like never before in a riveting, state-of-the-art surround-sound environment — ONE takes the audience through a series of seamless visual and musical tableaux, at the heart of a world that is in turn majestic, playful, magical and heart-warming. ONE is a heartfelt tribute to the work, innovative spirit and legacy of Michael Jackson: the King of Pop, the genius, the visionary, the ONE. Tickets for premium seats are $155 per person. Please mark the appropriate box on the registration form.
Judicial Chair
Hon. Bruce T. Beesley
U.S. Bankruptcy Court (D. Nev.); Reno
Program Co-Chairs
Scott F. Gautier
Robins Kaplan LLP
John W. Lucas
Pachulski Stang Ziehl & Jones LLP; San Francisco
Randy Nussbaum
Nussbaum Gillis & Dinner, P.C.; Scottsdale, Ariz.
Sponsorship Chair
Bradley D. Sharp
Development Specialists, Inc.; Los Angeles
2015 Advisory Board
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
John D. Bittner
PricewaterhouseCoopers LLP; Dallas
Jason S. Brookner
Gray Reed & McGraw, PC; Dallas
Rob Charles
Lewis Roca Rothgerber LLP; Tucson, Ariz.
Dawn M. Cica
Fox Rothschild LLP; Las Vegas
David D. Cleary
Greenberg Traurig, LLP; Phoenix
Patrick A. Clisham
Engelman Berger, PC; Phoenix
Hon. Laurel E. Davis
U.S. Bankruptcy Court (D. Nev.); Las Vegas
Ford Elsaesser
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho
Scott D. Fleming
Armstrong Teasdale LLP; Las Vegas
Gregory E. Garman
Garman Turner Gordon; Las Vegas
Peter J. Gurfein
Landau Gottfried & Berger LLP; Los Angeles
Douglas E. Himmel
Melville Capital; Venice, Calif.
Nicole Horton
Ernst & Young LLP; Los Angeles
Carolyn J. Johnsen
Dickinson Wright PLLC; Phoenix
Lance N. Jurich
Loeb & Loeb LLP; Los Angeles
Ori Katz
Sheppard, Mullin, Richter & Hampton LLP; San Francisco
Aaron M. Kaufman
Dykema Cox Smith; Dallas
Jordan A. Kroop
Perkins Coie LLP; Phoenix
Heather A. LaSalle
McGlinchey Stafford PLLC; New Orleans
Nile Leatham
Kolesar & Leatham; Las Vegas
Marc Liebman
Alvarez & Marsal; Phoenix
Robert J. Pfister
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Mark A. Platt
McGuireWoods LLP; Dallas
Peter J. Rathwell
Snell & Wilmer; Phoenix
Justin E. Rawlins
Winston & Strawn LLP; Los Angeles
Cathy L. Reece
Fennemore Craig, P.C.; Las Vegas
Deb Riley
Allen Matkins Leck Gamble Mallory & Natsis LLP; San Diego
Hon. Gregg W. Zive
U.S. Bankruptcy Court (D. Nev.); Reno
Conference Information
Hotel
The Four Seasons Hotel 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 $219 per night. To secure the special rate, reservations must be made directly with the resort by August 10, 2015. 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.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice is received in writing by August 20, 2015. No refunds will be made if notice is received after August 20, although substitutions will be allowed. After August 20, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for the same conference next year.
Continuing Education
9.75 hours of CLE credit, including 2.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and approval for 11.5 hours of CLE credit, including 3 hours of ethics, is pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 11.5 hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 9.75 hours, of which 2.5 hours will apply to ethics. 11.5 of CPE credit, including 3 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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 complaints and refunds, 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 email to [email protected].
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its Business Bankruptcy, Consumer Bankruptcy and Creditors’ Rights exams at the Four Seasons Hotel Las Vegas on Thursday, September 10, 2015, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by emailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
Royal Flush
Straight Flush
Four of a Kind
Allen Maguire & Barnes PLC
Alvarez & Marsal Restructuring and Corporate Finance
Engelman Berger, PC
Ernst & Young LLP
Gavin/Solmonese LLC
Jefferies LLC
Loeb & Loeb LLP
McGuire Woods LLP
Pachulski Stang Ziehl & Jones LLP
Proskauer
Snell & Wilmer, LLP
Stinson Leonard Street LLP
Winston & Strawn LLPFull House
Armstrong Teasdale LLP
Dykema Cox Smith
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.
Fenix Financial Forensics LLC
Fennemore Craig PC
Fox Rothschild LLP
Gray Reed & McGraw, P.C.
Imperial Capital, LLC
Klee, Tuchin, Bogdanoff & Stern LLP
Lewis Roca Rothgerber LLP
Nevada State Bar Bankruptcy Section
Prime Clerk
The Schwartz Law Firm, Inc.
Shumaker, Loop & Kendrick, LLPRates
Registration Rates Early
(postmarked by 6/19/15)Regular
(6/20/15-8/21/15)Late
(after 8/21/15)ABI Member$625$670$720ABI Govt./Nonprofit ABI Member$345$395$445New ABI Member*$900$945$995Govt./Nonprofit New ABI Member*$440$490$540ON-SITE FEE: $795 ABI Member
$1,090 New ABI Member
* Includes a one-year membership for first-time members only — a $295 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 Rates
Opening ReceptionOpening Reception GuestFree$75Golf Tournament at Royal Links$190ABI Golf Tour$190Happy HourHappy Hour GuestFree$50Michael Jackson’s ONE$155Exhibitor Rates
ABI Member Exhibitor Registration**$1,600New ABI Member Exhibitor Registration***$1,895Additional Booth Representative$500** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’table, full registration for one booth representative AND one-year ABI membership.Event Information 229920
Friday, October 9
7:30-8:15 a.m.
Registration and Continental Breakfast
Sponsored by Whiteford Taylor & Preston, LLP
8:15-8:30 a.m.
Welcome Remarks
David R. Kuney, Program Chair
Whiteford Taylor & Preston, LLP; Washington, D.C.
Lawrence J. Center, Assistant Dean
Georgetown Law CLE; Washington, D.C.
Samuel J. Gerdano, Executive Director
American Bankruptcy Institute; Alexandria, Va.
8:30-9:15 a.m.
Opening Keynote
Review of the Supreme Court Term, 2014-15
Prof. Kenneth N. Klee
University of California at Los Angeles School of Law; Los Angeles
9:15-10:15 a.m.
Confirmation Roundtable
Effect of the ABI Commission: Elimination of one impaired class. Continued debate over PSAs and RSAs.
Does the ABI Commission's recommendation to eliminate one impaired class voting appropriately end gamesmanship and litigation? Continued debate over PSAs and RSAs.
Jay M. Goffman, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Hon. Stuart Bernstein
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. James L. Garrity
U.S. Bankruptcy Court (S.D.N.Y.)
James M. Peck, Facilitator
Morrison & Foerster LLP; New York
10:15-10:30 a.m.
Refreshment Break
Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP
10:30-11:30 a.m.
Retail Bankruptcy: Executory Contracts and Leases
News from Radio Shack. Effect of the ABI Commission recommendations on retail cases. Sales free and clear of leaseholds: The conflict between §§ 363(f) and 365(h); In re Revel Casino.
David L. Pollack, Moderator
Ballard Spahr LLP; Philadelphia
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. Kevin R. Huennekens
U.S. Bankruptcy Court (E.D. Va.)
Hon. Brendan L. Shannon
U.S. Bankruptcy Court (D. Del.)
Mark D. Collins, Facilitator
Richards, Layton & Finger, PA; Wilmington, Del.
11:30 a.m.-12:30 p.m.
Sales Panel
Even though the Commission recommended no curtailing of credit-bidding rights, challenges continue. More on GM: Can an order really be free and clear of successor liability, and what is successor liability, anyway?
Marc Abrams, Moderator
Willkie Farr & Gallagher LLP; New York
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. Kevin Gross
U.S. Bankruptcy Court (D. Del.)
Prof. Michelle M. Harner
University of Maryland School of Law; Baltimore
Jessica C.K. Boelter, Facilitator
Sidley Austin LLP; Chicago
12:30-1:50 p.m.
Working Lunch: Breakouts 1-3
Sponsored by Pachulski Stang Ziehl & Jones LLP
(Be sure to select your topic on the CLE Checklist.)
A facilitator will lead additional discussions from the three morning panels, providing a unique opportunity for attendees to follow up on the morning’s topics in small groups over lunch with the judges and speakers.
2:00-3:00 p.m.
Health Care and Nonprofit Cases
This panel will discuss elected issues in health care and non-profit cases, including Medicare issues; confirmation issues including feasibility and application of the best interest test and absolute priority rule in non-profit cases; director and officer liability issues; and conflicts between state law and the Bankruptcy Code.
Melanie L. Cyganowski, Moderator
Otterbourg P.C.; New York
Hon. Carla E. Craig
U.S. Bankruptcy Court (E.D.N.Y)
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y)
Hon. Nancy Hershey Lord
U.S. Bankruptcy Court (E.D.N.Y)
Hon. Robert G. Mayer
U.S. Bankruptcy Court (D. Va.)
Irving E. Walker, Facilitator
Cole Schotz P.C.; Baltimore
3:00-4:00 p.m.
Issues Affecting Private-Equity and Hedge Funds
This panel will discuss bankruptcy-related issues affecting private equity funds, including fiduciary duty and corporate governance issues, WARN Act and pension issues, and fund liability for portfolio company obligations, as well as issues affecting hedge funds, including recent decisions interpreting the Indenture Trust Act, claims trading, restriction and disclosure issues.
Gary T. Holtzer, Moderator
Weil, Gotshal & Manges LLP; New York
Hon. Christopher M. Klein
U.S. Bankruptcy Court (E.D. Calif.)
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.)
Hon. Michael E. Wiles
U.S. Bankruptcy Court (S.D.N.Y.)
Michael L. Bernstein, Facilitator
Arnold & Porter LLP; Washington, D.C.
4:00-4:15 p.m.
Refreshment Break
Sponsored by BakerHostetler
4:15-5:15 p.m.
Ethics: The Ever-Changing Landscape
This panel will address issues concerning confidentiality and privileged information, fees, candor in dealings with the court, fairness to opposing counsel, and more, with reference to various Rules of Professional Conduct, including RPCs 1.5, 1.6, 3.3, 3.4 and 8.4.
Richard M. Meth, Moderator
Fox Rothschild LLP; Roseland, N.J.
Hon. Rosemary Gambardella
U.S. Bankruptcy Court (D.N.J.)
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.)
Hon. S. Martin Teel
U.S. Bankruptcy Court (District of Columbia)
Donald A. Workman, Facilitator
BakerHostetler; Washington, D.C.
5:15-6:15 p.m.
Cocktail Reception
Sponsored by Development Specialists, Inc.
Program Chair
David R. Kuney
Whiteford Taylor & Preston, LLP; Washington, D.C.
Advisory Board
Marc Abrams
Willkie Farr & Gallagher LLP; New York
Michael L. Bernstein
Arnold & Porter LLP; Washington, D.C.
Martin J. Bienenstock
Proskauer; New York
Jessica C.K. Boelter
Sidley Austin LLP; Chicago
Mark D. Collins
Richards, Layton & Finger, PA; Wilmington, Del.
Melanie L. Cyganowski
Otterbourg P.C.; New York
Edward C. Dolan
Hogan Lovells US LLP; Washington, D.C.
Mary Joanne Dowd
Arent Fox LLP; Washington, D.C.
Douglas M. Foley
McGuireWoods LLP; Washington, D.C.
Peter Friedman
O’Melveny & Myers LLP; Washington, D.C.
Karen A. Giannelli
Gibbons P.C.; Newark, N.J.
Jay M. Goffman
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Kristin K. Going
Drinker Biddle & Reath LLP; Washington, D.C.
Craig Goldblatt
WilmerHale; Washington, D.C.
Lindsee P. Granfield
Cleary Gottlieb Steen & Hamilton LLP; New York
Jason W. Harbour
Hunton & Williams LLP; Richmond, Va.
Gary T. Holtzer
Weil, Gotshal & Manges LLP; New York
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Richard M. Kremen
DLA Piper; Baltimore
Michael R. Lastowski
Duane Morris LLP; Wilmington, Del.
Jeffrey A. Liesemer
Caplin & Drysdale, Chtd.; Washington, D.C.
Richard M. Meth
Fox Rothschild LLP; Roseland, N.J.
Paul M. Nussbaum
Whiteford Taylor & Preston, LLP; Baltimore
Deryck A. Palmer
Pillsbury Winthrop Shaw Pittman LLP; New York
Hon. James M. Peck (ret.)
Morrison & Foerster LLP; New York
David L. Pollack
Ballard Spahr LLP; Philadelphia
Jeffrey S. Sabin
Venable LLP; New York
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Jeffrey L. Tarkenton
Womble Carlyle Sandridge & Rice, LLP; Washington, D.C.
Irving E. Walker
Cole Schotz P.C.; Baltimore
Donald A. Workman
BakerHostetler; Washington, D.C.
Conference Information
Hotel Reservations
A block of rooms has been held at the Hyatt Regency Washington on Capitol Hill for October 8-9, 2015 and will be honored until Thursday, September 10, 2015. These rooms will be held as a block, unless exhausted, until the above date, at which time they will be released to the general public. Be sure to mention the “Bankruptcy 2015: Views from the Bench/Georgetown CLE" room block to receive the room rate below.
Hyatt Regency Washington on Capitol Hill
400 New Jersey Avenue, NW
Washington, DC 20001
(202) 737-1234
(800) 233-1234
washingtonregency.hyatt.com
Room Rate: $229 (single and double), $254 (triple), $279 (quadruple)
The hotel is approximately two blocks from the Law Center.Disclaimer
Speakers are subject to change
Services for People with Special Needs or Dietary Restrictions
Call (202) 662-9890 or email [email protected] with your requests.
Scholarships
Please apply online at www.georgetowncle.org, or submit written requests by 5:00 p.m. on September 18, 2015, to: Scholarship Committee, Georgetown CLE, 600 New Jersey Ave., NW, Washington, DC 20001, or fax to (202) 662-9891.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by September 18, 2015. No refunds will be made if notice is received after September 18, although substitutions will be allowed. After September 18, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
CLE Credit
Accreditation has been or will be requested for this program from states with mandatory Continuing Legal Education requirements for 6 CLE credits (based on a 60-minute hour), including 1 ethics credit, and 7.2 CLE credits (based on a 50-minute hour), including 1.2 ethics credits. Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown Law CLE is a State Bar of California-approved MCLE provider. Some states require nominal accreditation fees, and you will be asked to submit payment at the program’s conclusion. If you have any questions about CLE, please contact Georgetown Law CLE at (202) 662-9890.
CPE Credit
7 CPE credit hours is available, including 6 in Specialized Knowledge and Applications, including 1 credit hours in Ethics-Behavioral, are also available. Georgetown Law CLE 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 Avenue North, Suite 700, Nashville, TN, 37219-2417, www.nasba.org.
Course Level
Overview, group-live, no prerequisites or advance preparation required.
Program Location
Georgetown University Law Center
Hart Auditorium, First Floor
600 New Jersey Avenue, NW
Washington, DC 20001IMPORTANT: There is currently construction underway on 2nd Street NW (the west side of the Law Center campus), so we ask that you please enter McDonough through the second floor entrance facing New Jersey Avenue. All visitors are required to sign in with the Department of Public Safety; an officer will be stationed at the desk adjacent to the door. All other external doors to the building will be locked. Visitors who require an entrance without stairs may use the F Street entrance (facing the quad with the clock tower). To the right of this entrance there is a yellow emergency box – push the red button and let the public safety officer know that you are attending the Bankruptcy 2015: Views from the Bench conference.
Maps and directions are available on our website: Georgetown Law maps and directions.
Parking Information
Due to the limited amount of parking available, the Georgetown University Law Center cannot provide parking for programs held there. Disabled persons may make arrangements to park at the Law Center by calling (202) 662-9330. We encourage attendees to take Metro or a taxi to the program. Drivers can use the following nearby parking garages:
Union Station Parking Garage
50 Massachusetts Avenue, NE, Washington, DC 20002
(202) 371-9441Colonial Parking Garage
500 New Jersey Avenue, NW, Washington, DC 20001Marcparc Parking Garage
601 New Jersey Avenue, NW, Washington, DC 20001
(202) 789-4000Event Sponsors
BakerHostetler
Development Specialists, Inc.
McGuireWoods LLP
Pachulski Stang Ziehl & Jones LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Whiteford Taylor & Preston, LLPRates
Registration Rates Early Bird
(postmarked by 7/17/15)Regular
(7/18/15-9/11/15)Late
(after 9/11/15)ABI Member$545$595$645Georgetown Law Alumnus$545$595$645ABI Govt./Academic Member$295$345$395New ABI Member*$820$870$920Govt./Academic New ABI Member*$390$440$490* Includes a one-year ABI membership for first-time members — a $295 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership renewal fee.
Event Information 230083
Thursday (4.8 hours includes 1.8 ethics), October 15
12:00-5:30 p.m.
ABI Registration Desk Open
12:45 p.m.
Welcome
1:00-2:15 p.m.
Concurrent Breakouts (3)
Consumer Track: Square Pegs in Round Holes- How Partnership and LLC Interests are Treated in Bankruptcy
The unique nature of partnerships and limited liability companies causes great uncertainty when a debtor owns a part of them. The bankruptcy code has almost nothing explicitly to say about these entities, leaving practitioners and courts to work out the details. Our panel will cover the fundamental nature of these entities, how that nature affects what a trustee or debtor can do with them, and problems that arise for the entity when a part owner files bankruptcy.
T. Randall Wright, Moderator
Baird Holm LLP; Omaha, Neb.
Hon. Robert D. Berger
U.S. Bankruptcy Court (D. Kan.); Kansas City
Phillip L. Kunkel
Gray Plant Mooty; St. Cloud, Minn.
Abbe M. Stensland
Simmons Perrine Moyer Bergman PLC; Cedar Rapids, Iowa
Business Track: Intellectual Property in Bankruptcy
Intellectual Property can constitute one of the most valuable and significant assets that a company may own. This panel will discuss what happens when two very unique areas of law collide and what every insolvency practitioner needs know when dealing with intellectual property in distressed circumstances.
John G. Loughnane, Moderator
Nutter McClennen & Fish LLP; Boston
Robert F. Reilly
Willamette Management Associates; Chicago
Patricia S. Rogowski
Panitch Schwarze Belisario & Nadel LLP; Wilmington, Del.
Rebecca S. Stroder
Mandiant, a division of FireEye, Inc., Kansas City
Professional Development Track: Negotiating Successful Workout Agreements: The Human Element
This panel will deal will the human side of workouts and how deals get successfully negotiated. Some of the topics to be covered may include managing expectations, creating common understanding of facts, building and earning trust, face-to-face meetings, understanding motivations and concerns, managing disruptive personalities, back-channel communications, win-win vs. win-lose negotiating styles and more.
Benjamin F. Mann, Moderator
Husch Blackwell LLP; Kansas City
Laura Marcero
Huron Consulting Group Inc.; Troy, Mich.
Rebecca A. Roof
AlixPartners LLP; New York
Daniel R. Wiggins
MorrisAnderson; St. Louis
2:15-2:30 p.m.
Refreshment Break
Sponsored by Williamette Management Associates
2:30-3:45 p.m.
Concurrent Breakouts (3)
Consumer Track: Consumer Financial Protection Bureau- Consumer Industry Watchdog
Many consumers feel the mortgage and credit industry has been nipping at their heels for a long time without any rhyme or reason. The CFPB was enacted as the watchdog to protect the consumer through education, enforcement of the law and through studying the behavior of the creditor industry. This Panel will introduce you to the benefits and services of the Consumer Financial Protection Bureau (CFPB).
Caralyce M. Lassner, Moderator
Caralyce M. Lassner, JD, PC; Utica, Mich.
Prof. Prentiss Cox
University of Minnesota; Minneapolis
David H. Hixson
Consumer Financial Protection Bureau; Washington, D.C.
Prof. Judith Popper
University of Missouri-Kansas City; Kansas City
Business Track: Select Issues from the ABI Chapter 11 Commission Report
Two of the commissioners from the ABI’s Chapter 11 Reform Commission (and former ABI presidents) will give a report on two parts of the Commission Report that could impact your everyday practice. Jim Markus will discuss the Small and Medium-Sized Enterprises section and Geoff Berman will discuss Avoidance Actions
Mark G. Stingley, Moderator
Bryan Cave LLP; Kansas City, Mo.
Geoffrey L. Berman
Development Specialists, Inc.; Los Angeles
James T. Markus
Markus Williams Young & Zimmermann, LLC; Denver
Professional Development Track: Oral and Written Advocacy in Bankruptcy
This panel of local bankruptcy judges will address what works and what doesn’t work in both written and oral advocacy. Thus, whether you are a new lawyer just starting out or a seasoned litigator looking to hone your skills, this session is for you.
Prof. Betsy Brand Six, Moderator
University of Kansas School of Law; Lawrence, Kan.
Hon. Thad J. Collins
U.S. Bankruptcy Court (N.D. Iowa); Cedar Rapids
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Janice M. Karlin
U.S. Bankruptcy Court (D. Kan.); Topeka
Hon. Barry S. Schermer
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
3:45-4:05 p.m.
Refreshment Break
Sponsored by McGladrey LLP
4:05-5:35 p.m.
Plenary Session
Ethics Presentation: Selected Ethical Issues in Bankruptcy
Bankruptcy attorneys are faced with ethical issues every day. This plenary session will cover a variety of issues that every bankruptcy attorney should be aware of.
Prof. Michael Korybut
St. Louis University School of Law; St. Louis
5:35-6:00 p.m.
ABI Committee and/or IWIRC Networking Event(s)
6:00-7:30 p.m.
Opening Networking Reception
Sponsored by Advisory Board Member Firms
Friday (8.8 hours includes 1.8 ethics), October 16
7:30-8:30 a.m.
Continental Breakfast
8:00-9:15 a.m. (1.25)
Plenary Session
Six Degrees of Separation: Exploring the Limits of Related-To Jurisdiction
This panel will discuss the expanding body of case law on the limits of the bankruptcy court's jurisdiction over proceedings "related-to" a bankruptcy case under 28 U.S.C. §§ 157(a) and 1334. The panel will also address the impact of the Supreme Court’s recent rulings in Stern, Executive Benefits and Wellness International and how these decisions have impacted the Bankruptcy Court’s authority and jurisdiction.
Eric W. Anderson, Moderator
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Bryan C. Bacon
Evans & Dixon, L.L.C.; Columbia, Mo.
Hon. Dale L. Somers
U.S. Bankruptcy Court (D. Kan.); Topeka
Prof. G. Ray Warner
St. John’s University School of Law
Of Counsel, Greenberg Traurig, LLP; New York
9:15-9:30 a.m.
Refreshment Break
Sponsored by Tittle Advisory Group, Inc.
9:30-10:45 a.m. (1.25)
Plenary Session
Bankruptcy Case Update- A Judge’s Panel
This session will discuss recent bankruptcy cases from the Supreme Court and the Eighth and Tenth Circuits from the point of view of three bankruptcy appellate panel judges.
Hon. Arthur B. Federman
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Robert E. Nugent
U.S. Bankruptcy Court (D. Kan.); Wichita
Hon. Anita L. Shodeen
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
10:45 a.m.-12:15 p.m. (1.5)
Plenary Session
Ethics Presentation: Ghostwriting and Limited Representation
An exploration of the issues, tensions and competing demands that frequently arise in connection with the representation of both consumers and small businesses as debtors where circumstances do not allow lawyers to be paid a full fee to represent the debtor with respect to all aspects of their bankruptcy case. Among other matters, the panel will consider are issues relating to access to the bankruptcy system and the legal fees that the consumer/business can afford and the market will support. The panel will also discuss various pertinent Rules of Professional Conduct, which may include RPCs 1.1 (competency), 1.2 (scope of representation), 1.3 (diligence), 1.4 (communication), 1.5 (fees), 1.6 (confidentiality), 1.8(f), 3.3 and 8.4, as well as pertinent case law and the White Paper produced by the ABI’s National Ethics Task Force on limited services representation in consumer bankruptcy cases.
Richard M. Meth, Moderator
Fox Rothschild LLP; Roseland, N.J.
Deborah K. Ebner
The Law Office of Deborah Kanner Ebner; Chicago
Edward J. Nazar
Hinkle Law Firm LLC; Wichita, Kan.
Hon. Charles “Sketch” Rendlen, III
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
12:15-1:45 p.m. (1.5)
Luncheon
Sponsored by MorrisAnderson and Spencer Fane Britt & Browne LLP
The Detroit Bankruptcy
Hear it from the lawyer who represented Detroit in its Chapter 9 Case. David Heiman will discuss the many events that made this case the case that it was including the way the deal of a lifetime was made.
David G. Heiman
Jones Day; Cleveland
1:45-3:00 p.m. (1.25)
Concurrent Breakouts (3)
Consumer Track: The Intersection of Divorce and Bankruptcy
There is a reason attorneys choose the practice of bankruptcy and one of those reasons is, they would rather not handle a divorce case even with a ten foot pole. Unfortunately there are grave consequences if you are unclear as to how the bankruptcy code and a divorce may interact. This Panel will guide you through the minefield of potential issues thereby preventing your client’s divorce from blowing up your case.
Hon. Margaret Dee McGarity
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Wendall J. Sherk
Sherk & Swope, LLC; St. Louis, Mo.
Hon. Kathy A. Surratt-States
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Business Track: Nonprofit and Religious-Related Bankruptcies
Even not for profit and religious based organizations can file bankruptcy, as best evidenced by the filings of various archdioceses throughout the country. This panel will address the law, nuances and considerations involved when a not for profit or religious based organization files bankruptcy.
Paul R. Hage, Moderator
Jaffe Raitt Heuer & Weiss; Southfield, Mich.
Scott K. Brown
Lewis Roca Rothgerber LLP; Phoenix
Evan C. Hollander
Arnold & Porter LLP; New York
Hon. Lee M. Jackwig
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
Federal Evidence Part I
Contrary to urban legend, the Federal Rules of Evidence do apply in bankruptcy court. In this two-part session taught by U.S. Magistrate Judge Robert E. Larsen there will be everything a practitioner needs to know about trying a federal case. If you took Evidence 101 in law school and have even a vague recollection of basic relevance and a primitive understanding of hearsay, you will discover that there are only five types of witnesses and five kinds of exhibits, learn the evidentiary foundation and disclosure requirement for each, and leave the sessions equipped to try virtually any federal case - civil or criminal, bench or jury.
Hon. Robert E. Larsen
U.S. Magistrate Court (W.D. Mo.); Kansas City
3:00-3:15 p.m.
Refreshment Break
3:15-4:30 p.m. (1.5)
Concurrent Breakouts (3)
Consumer Track: Student Loan Discharge: Where Are We in 2015?
Graduates and individuals who attended college or trade school are struggling with their student loan debt. This panel will explore the current trends in student loan litigation in bankruptcy, as well as administrative options for restructuring and settling student loan debt.
Hon. C. Ray Mullins, Moderator
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Prof. Susan E. Hauser
North Carolina Central University School of Law; Durham, N.C.
Erlene W. Krigel
Krigel & Krigel, P.C.; Kansas City, Mo.
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Business Track: The Creeping Business Judgment Rule
When does “business judgment” become a foolish gamble? Our panel of experienced professionals will share stories from recent cases where the “alleged” best of intentions of management went awry and led to corporate failure, resulting in litigation seeking restitution for the damage
Christopher A. Ward, Moderator
Polsinelli PC; Wilmington, Del.
Scott J. Goldstein
Spencer Fane Britt & Browne LLP; Kansas City, Mo.
Deborah M. Gutfeld
Perkins Coie LLP; Denver
Federal Evidence Part II
A continuation of a two-part session with everything a practitioner needs to know about trying a federal case. everything a practitioner needs to know about trying a federal case.
Hon. Robert E. Larsen
U.S. Magistrate Court (W.D. Mo.); Kansas City
4:30 p.m.
Adjourn
Chairs
Hon. Dennis R. Dow, Judicial Chair
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Rachel L. Foley, Co-Chair
Foley Law, P.C. – KC Bankruptcy; Independence, Mo.
Eric L. Johnson, Co-Chair
Spencer Fane Britt & Browne LLP; Kansas City
Advisory Board
Bryan C. Bacon
Evans & Dixon, L.L.C.; Columbia, Mo.
Mark V. Bossi
Thompson Coburn LLP; St. Louis
John J. Cruciani
Husch Blackwell LLP; Kansas City
Jeffrey A. Deines
Lentz Clark Deines PA; Overland Park, Kan.
Daniel F. Dooley
MorrisAnderson; Chicago
Susan K. Ehlers
Armstrong Teasdale LLP; St. Louis
Lisa A. Epps
Spencer Fane Britt & Browne LLP; Kansas City
Brian T. Fenimore
Lathrop & Gage LLP; Kansas City
Laurence M. Frazen
Bryan Cave LLP; Kansas City
Jeana L. Goosmann
Goosmann Law Firm, PLC; Sioux City, Iowa
Benjamin F. Mann
Husch Blackwell LLP; Kansas City
Mark Moedritzer
Shook, Hardy & Bacon LLP; Kansas City
Andrew W. Muller
Stinson Leonard Street LLP; Kansas City
Andrew J. Nazar
Polsinelli PC; Kansas City
Edward J. Nazar
Hinkle Law Firm LLC; Wichita, Kan.
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Gary A. Norton
Whitfield & Eddy, P.L.C.; Des Moines, Iowa
Jill D. Olsen
The Olsen Law Firm, LLC; Kansas City
Paul D. Sinclair
Polsinelli PC; Kansas City
Wesley F. Smith
Stevens & Brand, L.L.P.; Lawrence, Kan.
Mark G. Stingley
Bryan Cave LLP; Kansas City
Bruce E. Strauss
Merrick, Baker & Strauss, PC; Kansas City
Louis J. Wade
McDowell, Rice, Smith & Buchanan, PC; Kansas City
Sherri L. Wattenbarger
Office of the U.S. Trustee; Kansas City
Victor F. Weber
Merrick, Baker & Strauss, PC; Kansas City
Ronald S. Weiss
Berman, DeLeve, Kuchan & Chapman, LLC; Kansas City
T. Randall Wright
Baird Holm LLP; Omaha, Neb.
Conference Information
Location/Hotel Accommodations
The Institute will be held at The Westin Kansas City at Crown Center, located at One East Pershing Road, Kansas City, MO 64108. ABI has arranged a special conference rate of $145/single and $171/double per night. Make your reservations by September 13, 2015, to secure this special rate. ABI cannot guarantee anyone a room after the September 13 cut-off date or after the specially rated ABI block has been filled. You will receive a special room reservation link after you have registered with ABI. The hotel will sell out. Please make your reservations accordingly.
Ground/Air Transportation
Air: The Westin Kansas City is approximately 20 miles from Kansas City International Airport (MCI).
Ground: Courtesy phones for taxi service are located both inside and outside the terminal at each bag claim area and at other strategic locations outside the terminal exits. Make sure that you give the dispatcher your exact location. If calling from a personal phone, call (816) 243-2345.
Local Information
For information about Kansas City restaurants, shopping, attractions, etc., you can also visit the Visit Kansas City website at www.visitkc.com, as well as TripAdvisor at www.tripadvisor.com.
Continuing Education Credit
This program is approved for 13.6 hours of CLE credit in Missouri, including 3.6 hours of ethics and professionalism. 13.6 hours of general CLE credit, including 3.6 hours of ethics, are pending in Kansas and other 50-minute-hour states, and 12 hours of general CLE credit, including 3 hours of ethics, are pending in states calculating CLE on a 60-minute hour. 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 12 hours, of which 3 hours will apply to ethics. NY MCLE: This transitional and nontransitional 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.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 24, 2015. No refunds will be granted after September 24, but substitutions will be allowed. After September 24, 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.
Rates
Registration Rates Early Bird
(postmarked by 8/7/15)Regular
(8/8/15- 9/4/15)Late
(after 9/4/15)Business Track: ABI Member$355$410$455Business Track: New ABI Member*$630$685$730Consumer Track: ABI Member$265$290$325Consumer Track: New ABI Member*$540$565$600* Includes a one-year ABI membership for first-time members — a $295 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
Member Exhibitor Registration**$1,100New Member Exhibitor Registration***$1,395Additional Booth Representative$500** 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.
Event Information 230501
Monday, October 12
8:00-8:30 a.m.
Continental Breakfast and Registration
Sponsored by FactorLaw
8:30-9:45 a.m.
I Surrender! Strategies for Getting Rid of Unwanted Collateral
This panel will include a discussion of 363 sales by the debtor free and clear of liens and/or subject to liens, short sales by chapter 7 trustees, adding instructions to “catch all” sections of chapter 13 plans, and other strategies being used nationwide.
Richard Check
Bankruptcy Law Office of Richard A. Check, S.C.; Milwaukee, Wisc
Faiq M. Mihlar
Heavner, Beyers & Mihlar, LLC; Decatur, Ill.
Hon. Eugene R. Wedoff
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Mark S. Zuckerberg
Law Office of Mark S. Zuckerberg; Indianapolis
9:45-10:45 a.m.
Living in the 3000s! Advanced Issues in Proof of Claim Objections, Including a Primer on the FDCPA Cottage Industry
Hon. Mary P. Gorman
U.S. Bankruptcy Court (C.D. Ill.); Springfield
James J. Haller
Law Offices of Mueller & Haller LLC, Belleville, Ill.
Karen Lobring
Lobring and Associates; Edinberg, Ind.
10:45-11:00 a.m.
Coffee Break
Sponsored by Shaw Fishman Glantz & Towbin LLC
11:00 a.m.-12:00 noon
Individual Chapter 11s: Comparative Proof that They Are Not Simply Chapter 13’s Older Sibling
C.R. Bowles
Bingham Greenebaum Doll LLP; Louisville, Ky.
Jonathan T. Brand
Transworld System Inc.; Chicago
Robert E. Eggmann
Desai Eggmann Mason LLC; St. Louis
Mary R. Jensen
Office of the U.S. Trustee; Madison, Wis.
12:00-1:15 p.m.
Luncheon
Sponsored by The Semrad Law Firm and Lakelaw
Ethics Keynote Presentation: “Honor the Profession”
Judith Greenstone Miller
Jaffe Raitt Heuer & Weiss; Southfield, Mich.
1:15-2:30 p.m.
The Year in Consumer Case Law: What You Should Know, Learn and Love (or Hate)
Hon. James M. Carr
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis
Nathan Delman
The Semrad Law Firm, LLC; Chicago
Gordon E. Gouveia
Gouveia & Associates; Merrillville, Ind.
2:30-3:30 p.m.
Breakout Sessions (2)
In re Kaiser: A Study of Advanced Fraudulent Transfer Issues
Hon. Donald R. Cassling
U.S. Bankruptcy Court (N.D. Ill.); Chicago
David P. Holtkamp
The Law Office of William J. Factor, Ltd.; Chicago
Ronald R. Peterson
Jenner & Block LLP; Chicago
How to Get Paid: A Cost-Practical Primer
This session includes a review of best practices for obtaining attorneys’ fees and the new CARA form.
Hon. Janet S. Baer
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Leslie Brodhead Griffith
Office of the Standing Chapter 13 and 12 Trustee; Madison, Wis.
M. Gretchen Silver
Office of the U.S. Trustee; Chicago
3:30-3:45 p.m.
Refreshment Break
3:45-5:00 p.m
You Be the Judge: Evidence and the Consumer Practitioner
This session features an interactive presentation of the most common evidentiary issues faced by consumer practitioners, and the audience is the judge.
Hon. Catherine J. Furay
U.S. Bankruptcy Court (W.D. Wis.); Eau Claire
Catherine L. Steege
Jenner & Block LLP; Chicago
Paul G. Swanson
Steinhilber, Swanson, Mares, Marone & McDermott; Oshkosh, Wis.
5:00 p.m.
Adjourn
5:00-7:15 p.m.
Cocktail Reception to honor the career of Hon. Eugene R. Wedoff
Sponsored by Jenner & Block LLP
Judicial Chair
Hon. Janet S. Baer
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Planning Committee
Ariane R. Holtschlag, Co-Chair
FactorLaw, Chicago
Faiq M. Mihlar, Co-Chair
Heavner, Beyers & Mihlar, LLC; Decatur, Ill.
Joseph A. Baldi
Baldi Berg, Ltd.; Chicago
Hon. Donald R. Cassling
U.S. Bankruptcy Court (N.D. Ill.); Chicago
A. Stewart Chapman
Office of the Chapter 13 Trustee; Chicago
Nathan E. Curtis
Geraci Law L.L.C.; Chicago
Mehul D. Desai
Swanson & Desai, LLC; Chicago
Hon. Catherine J. Furay
U.S. Bankruptcy Court (W.D. Wis.); Eau Claire
David P. Leibowitz
Lakelaw; Waukegan, Ill.
Hon. Thomas M. Lynch
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Berton J. Maley
Codilis & Associates, P.C.; Burr Ridge, Ill.
M. Gretchen Silver
Office of the U.S. Trustee; Chicago
Hon. Eugene R. Wedoff
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Mark S. Zuckerberg
Law Office of Mark S. Zuckerberg; Indianapolis
Conference Information
Location
The conference will be held at the Jenner & Block Conference Center, located at 353 N. Clark Street, Chicago, IL 60654.
Continuing Education Credit
7.5 hours of general CLE credit, including 1 hour of ethics, are pending in states calculating CLE on a 60-minute hour, and 9 hours of general CLE credit, including 1 hour 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 in the amount of 7.5 hours, of which 1 hour 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 9 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. 9 hours of CPE credit, including 1 hour of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 21, 2015. No refunds will be granted after September 21, but substitutions will be allowed. After September 21, 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.
Sponsors
FactorLaw
Heavner, Scott, Beyers, & Mihlar, LLC
Lakelaw
Shaw Fishman Glantz & Towbin LLC
The Semrad Law FirmRates
Registration Rates Early
(postmarked by 9/25/15)Regular
(after 9/25/15)ABI Member$225$250New ABI Member*$350$375* Includes a one-year ABI membership for first-time members — a $295 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI member to attend the conference. Membership is individual and nonrefundable.
Event Information 230678
Wednesday, September 16
8:00-9:30 a.m.
Continental Breakfast and Registration
9:30 a.m.-12:30 p.m.*
Advanced Program
DIP Financing, Pre-Confirmation Sales and Out-of-Court Restructurings
This session will cover DIP financing, pre-confirmation sales with a focus on the ABI Commission’s proposed § 363x and its rejected surcharge proposal, and Section 316b of the Trust Indenture Act.
Hon. Shelley C. Chapman, Moderator
U.S. Bankruptcy Court (S.D.N.Y.); New York
Prof. Barry E. Adler
Petrie Professor of Law and Business
New York University School of Law
Dennis F. Dunne
Milbank, Tweed, Hadley & McCloy LLP; New York
Marcia L. Goldstein
Weil, Gotshal & Manges LLP; New York
Damian S. Schaible
Davis Polk & Wardwell LLP; New York
* Includes a 15-minute refreshment break from 10:30-10:45 a.m.
12:30-2:00 p.m.
Lunch Break
Participants are responsible for their own meal arrangements with the wide variety of restaurants and coffee shops in the vicinity of Washington Square.
2:00-3:30 p.m.
Advanced Program
Governance, Safe Harbors and Ethics Part 1
This session will focus on avoidance powers, the ABI Commission’s proposed estate neutral, fiduciary duties and to whom owed (including ethical implications for lawyers), the ABI Commission’s proposed changes to safe harbors, and the special case of financial institutions.
Hon. Sean H. Lane, Moderator
U.S. Bankruptcy Court (S.D.N.Y.); New York
Ralph R. Mabey
Kirton McConkie PC; Salt Lake City
Prof. Edward Rust Morrison
Columbia Law School; New York
Harold S. Novikoff
Wachtell, Lipton, Rosen & Katz; New York
Jane Lee Vris
Millstein & Co., L.P.; New York
3:30 – 3:45 p.m.
Refreshment Break
3:45-5:00 p.m.
Advanced Program
Governance, Safe Harbors and Ethics Part 2
Hon. Sean H. Lane, Moderator
U.S. Bankruptcy Court (S.D.N.Y.); New York
Ralph R. Mabey
Kirton McConkie PC; Salt Lake City
Prof. Edward Rust Morrison
Columbia Law School; New York
Harold S. Novikoff
Wachtell, Lipton, Rosen & Katz; New York
Jane Lee Vris
Millstein & Co., L.P.; New York
Thursday, September 17
8:00-9:30 a.m.
Continental Breakfast and Check-In
9:30 a.m.-12:30 p.m.*
Advanced Program
Secured Creditors and Absolute Priority
This session includes discussion on the differences in methods of collateral valuation for adequate-protection and chapter 11 plan purposes, the post-petition effect of security interests, post-confirmation interest (including the ABI Commission’s proposal on the topic), and modification of absolute priority with the Commission’s proposed redemption option value distribution.
Hon. Allan L. Gropper, Moderator
U.S. Bankruptcy Court (S.D.N.Y.); New York
Donald S. Bernstein
Davis Polk & Wardwell LLP; New York
Stephen Karotkin
Weil, Gotshal & Manges LLP; New York
James E. Millstein
Millstein & Co., L.P.; Washington, D.C
James P. Seery, Jr.
River Birch Capital, LLC; New York
* Includes a 15-minute refreshment break from 10:30-10:45 a.m.
12:30-2:00 p.m.
Lunch Break
Participants are responsible for their own meal arrangements with the wide variety of restaurants and coffee shops in the vicinity of Washington Square.
2:00-5:00 p.m.*
Closing Session
Other Plan-Confirmation Issues and Beyond
This session will examine voting rules, the ABI Commission’s proposed repeal of § 1129(a)(10), third-party releases, the role of restructuring support agreements, post-confirmation entities created in a chapter 11 plan, and in pari delicto (against reorganized entities).
Hon. Robert D. Drain, Moderator
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Prof. Douglas G. Baird
University of Chicago Law School; Chicago
Hon. Arthur J. Gonzalez (ret.)
New York University School of Law
Richard G. Mason
Wachtell, Lipton, Rosen & Katz; New York
Prof. John A.E. Pottow
University of Michigan Law School; Ann Arbor, Mich.
* Includes a 15-minute refreshment break from 3:30-3:45 p.m.
5:00 p.m.
Adjourn
5:00-6:15 p.m.
Cocktail Reception
Sponsored by Bloomberg Law
Program Directors
Barry E. Adler
Petrie Professor of Law and Business
New York University School of Law
Hon. Arthur J. Gonzalez (ret.)
New York University School of Law
Judicial Faculty
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Hon. Allan L. Gropper
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Program Faculty Members
Prof. Douglas G. Baird
University of Chicago Law School; Chicago
Donald S. Bernstein
Davis Polk & Wardwell LLP; New York
Dennis F. Dunne
Milbank, Tweed, Hadley & McCloy LLP; New York
Marcia L. Goldstein
Weil, Gotshal & Manges LLP; New York
Stephen Karotkin
Weil, Gotshal & Manges LLP; New York
Ralph R. Mabey
Kirton McConkie PC; Salt Lake City
Richard G. Mason
Wachtell, Lipton, Rosen & Katz; New York
James E. Millstein
Millstein & Co., L.P.; Washington, D.C.
Prof. Edward Rust Morrison
Columbia Law School; New York
Harold S. Novikoff
Wachtell, Lipton, Rosen & Katz; New York
Prof. John A.E. Pottow
University of Michigan Law School; Ann Arbor, Mich.
Damian S. Schaible
Davis Polk & Wardwell LLP; New York
James P. Seery, Jr.
River Birch Capital, LLC; New York
Jane Lee Vris
Millstein & Co., L.P.; New York
Workshop Information
Accommodations and Meals
Participants are responsible for their own travel, hotel and meal arrangements. The program will include daily continental breakfasts and afternoon refreshment breaks. Some nearby hotels to consider are the Soho Grand Hotel, The Empire Hotel, the Holiday Inn Downtown, Washington Square Hotel and the Comfort Inn Manhattan. These listings are provided for informational purposes only and are not vendor endorsements or recommendations.
Transportation
The Workshop will be held at New York University School of Law, which is located at 40 Washington Square South. NYU School of Law and Washington Square are just one block east of the West Fourth Street subway station (A, B, C, D, E, F and V trains) at Sixth Avenue and two blocks west of the N and R subway lines at Eighth Street.
Continuing Education Credit
11 hours of general CLE credit, including 2.75 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 13 hours of general CLE credit, including 3 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 13 credit hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 11 hours, of which 2.75 hours will apply to ethics. 13 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 in 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.
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, ABI may allow the individual to work at the 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. All applications for financial assistance must be submitted by September 30, 2015. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 August 26, 2015. No refunds will be granted after August 26, but substitutions will be allowed. After August 26, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Sponsors
Special Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, Conway MacKenzie for the conference materials on USB drives, Donlin, Recano & Company, Inc. for the conference lanyards, LexisNexis for the Collier Portable Bankruptcy Code and Rules, Thomson Reuters for the printed educational materials and Wilmington Trust for the tote bags.
Conference Rates
Registration Rates Early Bird
(postmarked by 8/7/2015)Regular
(after 8/7/2015)Government/Nonprofit ABI Member$775$895$650Not an ABI Member?
Join now and receive a one-year membership for the special NYU Workshop price of $150 — a $145 savings! Expired ABI members should renew their membership.
Event Information 231280
Day One: Sunday, December 6
OVERVIEW AND INTRODUCTION TO THE FUNDAMENTALS OF BANKRUPTCY MEDIATION
2:00-2:30 p.m.
Welcome, Purpose and Goal-Setting
2:30-3:00 p.m.
Why Bankruptcy Mediation?
3:00-3:45 p.m.
The Role of a Bankruptcy Mediator — Developing a Mediator’s Mind
3:45-4:00 p.m.
Break
4:00-4:45 p.m.
Bankruptcy Mediation Overview: Definition, A Tale of Two Theories: Understanding Conflict-Resolution Ideology in Bankruptcy, Values, Anatomy of Mediation, Mediator’s Role — Lecture
4:45-6:00 p.m.
Effective Opening Statements and Agenda-Setting — Lecture and Exercise
6:00-6:30 p.m.
Beginning Mediator’s Skills: Promoting Effective Conflict Discourse
6:30-7:30 p.m.
Cocktail Reception
Day Two: Monday, December 7
APPLICATION AND PRACTICE OF FUNDAMENTAL BANKRUPTCY MEDIATION SKILLS
9:30-9:45 a.m.
Reflections, Questions and Review of Day One
9:45-10:45 a.m.
Mediator’s Skills: Promoting Effective Conflict Discourse (cont’d.) — Lecture, Exercise and Simulation
10:45-11:00 a.m.
Break
11:00-11:15 a.m.
Physical and Organizational Considerations in Mediation
11:15 a.m.-12:30 p.m.
Role Play #1: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
Professional Bankruptcy Mediators: A Real World View of the Business and Profession of Mediation
It is both exiting and challenging to expand your bankruptcy practice to include mediation. Learn from respected professionals their development and marketing strategies to generate your mediation practice. (Bob Fishman, Richard E. Mikels, Jerry Markowitz and Scott Y. Stuart)
1:30-2:15 p.m.
Drafting Summary Letters
2:15-3:45 p.m.
Role Play #2: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
3:45-4:00 p.m.
Break
4:00-5:30 p.m.
Role Play #3: Chapter 13 — Simulation, Individual Group Debrief and Class Debrief
5:30-6:00 p.m.
Comparing and Contrasting the Mediation Challenges in Chapters 7 and 13
Day Three: Tuesday, December 8
PRACTICE CHALLENGES IN BANKRUPTCY MEDIATIONS: VALUATIONS AND MULTI-PARTY MEDIATIONS
9:30-9:45 a.m.
Reflections, Questions and Review of Day Two
9:45-10:30 a.m.
Overcoming Valuation Impasses: Effective Strategies in Lieu of Mediator Evaluation
10:30-10:45 a.m.
Break
10:45-11:15 a.m.
Overcoming Valuation Impasses: Psychological Distortions that Interfere with Rational Decision-Making
11:15 a.m.-12:30 p.m.
Role Play #4: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
The Rise of Plan Mediation: Benefits and Pitfalls (Damian S. Schaible)
1:30-3:00 p.m.
Convening and Facilitating Multi-Party Mediations: Chapter 11 Bankruptcy Mediations
3:00-3:15 p.m.
Break
3:15-5:00 p.m.
Role Play #5: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
5:00-6:00 p.m.
Integrating Lessons Learned from Multi-Party Mediations
Day Four: Wednesday, December 9
PRACTICE CHALLENGES IN MEDIATION: OVERCOMING FINAL IMPASSES AND ETHICS
9:30-9:45 a.m.
Reflections, Questions and Review of Day Three
9:45-10:45 a.m.
Strategies for Overcoming Final Impasses
10:45-11:00 a.m.
Break
11:00 a.m.-12:30 p.m.
Role Play #6: Chapter 11
12:30-1:30 p.m.
Working Lunch
Mediation Demonstration: Bridging the Gap (Ed Dobbs)
1:30-3:00 p.m.
Role Play #7
3:00-3:30 p.m.
Integrating Lessons Learned from Role Plays
3:30-3:45 p.m.
Break
3:45-6:00 p.m.
Clarifying the Blurry Ethical Contours of Bankruptcy Mediation and Confidentiality — Lecture and Exercise
Day Five: Thursday, December 10
BANKRUPTCY MEDIATION: PRE-MEDIATION, ETHICS AND PUTTING IT ALL TOGETHER
9:30-9:45 a.m.
Reflections, Questions and Review of Day Four
9:45-10:45 a.m.
Optimizing the Use of Pre-Mediation Opportunities — Lecture and Exercise
10:45-11:00 a.m.
Break
11:00-12:30 p.m.
Role Play #8: Simulation, Individual Group Debrief and Class Debrief
12:30-2:00 p.m.
Working Lunch
Views from the Bench: The Complexity of Multi-Party Mediations in a Chapter 9 Bankruptcy ( Hon. Robert D. Drain)
2:00-3:30 p.m.
Role Play #9: Simulation, Individual Group Debrief and Class Debrief
3:30-4:00 p.m.
Overview Checklist
4:00-4:15 p.m.
Next Steps to Becoming a Professional Mediator
4:15-5:00 p.m.
Closing Ceremony
This schedule is subject to modification.
Faculty
Lead Trainer:
Prof. Elayne E. Greenberg
Assistant Dean for Dispute Resolution Programs
Professor of Legal Practice
Director of The Hugh L. Carey Center for Dispute Resolution
St. John’s University School of Law; New YorkLecturers:
C. Edward Dobbs
Parker, Hudson, Rainer & Dobbs LLP
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y); White Plains
Damian Schaible
Davis Polk & Wardwell LLP
Coaches:
Robert M. Fishman
Shaw Fishman Glantz & Towbin LLC
Jerry Markowitz
Markowitz, Ringel, Trusty & Hartog, PA
Richard E. Mikels
Mintz Levin Cohn Ferris Glovsky and Popeo PC
Scott Y. Stuart
Esquify, Inc.
Conference Information
Attendance/Participation Policy
Participants are required to attend the entire 40 hours of training. If you cannot attend all 40 hours, please defer registering until a future program.
Hotel
Participants are responsible for their own travel and hotel arrangements. Some nearby hotels to consider are The Millennium Hilton, Cosmopolitan Hotel Tribeca, Embassy Suites Hotel New York, New York Marriott and Holiday Inn Downtown. These listings are provided for informational purposes only and are not vendor endorsements or recommendations.
Location
St. John's University School of Law, Manhattan Campus
51 Astor Place
New York, NY 10003
Building entrance is between 3rd and 4th Avenues.Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by November 13, 2015. No refunds will be granted after November 13, but substitutions will be allowed. After November 13, 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 Credit
33.75 hours of general CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 40.5 hours of general CLE credit, including 2.5 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 in the amount of 33.75 hours, of which 2.25 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 40.5 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. 40.5 hours of CPE credit, including 2.5 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. For information on tuition assistance, send an e-mail to [email protected].
Conference Rates
Registration Rates Early
(postmarked by 10/23/15)Regular
(after 10/23/15)ABI Member$3,295$3,400New ABI Member*$3,570$3,675ABI Government/Non-Profit Member$2,795$2,900New ABI Government/Non-Profit Member*$3,070$3,175*Includes a one-year ABI membership for first-time members — a $295 value! ABI membership is individual and nonrefundable. Expired members should select the member rate and renew their membership at renew.abi.org.
The Gold Standard of Bankruptcy Mediation Training
The ABI/St. John’s Bankruptcy Mediation Training program is designed to educate mediators about the theory, skills and specific practice challenges of bankruptcy mediation. Guided by a distinguished faculty of nationally respected bankruptcy jurists, practitioners and mediators, the ABI/St. John’s Mediation Training teaches the critical skills that are requisites for bankruptcy mediators. Our training faculty includes leaders in the field of mediation and bankruptcy. Lectures, exercises and simulations focus solely on bankruptcy conflicts.
Beyond the core skills that are essential for good mediators, participants will also learn about specialized bankruptcy issues inherent in bankruptcy mediations, including:
- Understanding the Anatomy of a Successful Bankruptcy Mediation
- Maximizing Pre-Mediation Opportunities
- Managing the Multi-Party Dynamics of Bankruptcy Mediation
- Analyzing Impasses in Bankruptcy and Applying Impasse-Breaking Skills
- Mediating Valuation Conflicts Without Having the Mediator Evaluate
- Distinguishing Between Writing Mediation Summaries and Drafting Agreements
- Defining Bankruptcy Mediation Ethics Within a Collegial Bankruptcy Community
- Maintaining Momentum and Ensuring Continuity in Multi-Session Mediations
During the 40 hours of this highly interactive four-day training, participants will develop an understanding of the practice of bankruptcy mediation through a combination of lectures, videos, demonstrations and supervised simulations. At the conclusion of the training, participants will receive a Certificate of Completion of ABI/St. John’s Bankruptcy Mediation Training, the Gold Standard of Bankruptcy Mediation Training. Participants will also receive a DVD of themselves in action during a mock mediation. As an added bonus, the training qualifies for continuing legal education credit*.
*In order to receive credit, participants are required to commit to attending the entire forty hours of training.
Why Bankruptcy Mediation Training?
Bankruptcy judges, lawyers and financial advisors have a long-held and respected reputation of competently assessing the bottom line and settling their cases. However, despite bankruptcy professionals’ best efforts, sometimes cases are unable to be settled. For those cases, mediation can be the appropriate forum. Increasingly, bankruptcy courts are using mediation as a valuable adjunct to their case management to help resolve issues that even the most skilled bankruptcy professionals are unable to resolve. Consequently, there is a growing need for trained bankruptcy mediators.
Who Should Attend?
If you are a bankruptcy judge, lawyer or financial professional who is interested in applying your bankruptcy expertise, learning more about bankruptcy mediation and possibly becoming a bankruptcy mediator, or if you are already a mediator and would like to expand your skills into bankruptcy mediation, this training is for you.
Event Information 231770
Thursday, October 22
7:00 p.m.
Cocktail-Reception with the Spanish Chapter of the Turnaround Management Association (TMA)
Location: Hotel Palace (Plaza de las Cortes 7). Just crossing the main street (Paseo del Prado) in front of the Ritz. 3 minutes by walk (Itinerary from Ritz to Palace )
Friday, October 23
8:00-9:00 a.m.
Continental Breakfast
Sponsored by Gavin/Solmonese LLC
9:00-9:30 a.m.
Introductions
Ian G. Williams
Baker Tilly Restructuring & Recovery LLP; London, England
Samuel J. Gerdano, Executive Director
American Bankruptcy Institute; Virginia, USA
9:30-10:15 a.m.
Keynote by John Bruton
Former Irish Prime Minister, who helped transform the Irish economy into the "Celtic Tiger," when it became, for a period of 12 years, one of the fastest growing economies in the world.
10:20-11:20 a.m.
America Now!
A panel of eminent professionals will discuss current trends in U.S. insolvencies and restructurings, explore current legislation, comment on developments in the financial sector for distressed lending, and highlight any emerging trends. In a break with tradition, the panel will also look at the interaction between the US and Europe in restructurings.
Kevyn D. Orr, Moderator
Jones Day; Washington, D.C., USA
Alastair Beveridge
AlixPartners; London, United Kingdom
Wouter Jongepier
BOEKEL; Amsterdam, Netherlands
Gaurav Malhotra
Ernst & Young; Illinois, USA
11:20-11:45 a.m.
Coffee Break
Sponsored by Ritchie Bros. Auctioneers
11:45 a.m.-1:00 p.m.
What’s Wrong with U.S. Chapter 11? A Guide for European Practitioners
Albert Togut, Moderator
Togut, Segal & Segal LLP; New York, USA
William A. Brandt, Jr.
Development Specialists, Inc.; New York
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York, USA
Damian S. Schaible
Davis Polk & Wardwell LLP; New York
Lisa M. Schweitzer
Cleary, Gottlieb, Steen & Hamilton LLP; New York
1:05-2:20 p.m.
Networking Luncheon
Sponsored by Jones Day
2:30-3:30 p.m.
Current Restructuring Issues in Southern Europe
John Willcock, Moderator
Global Turnaround; London, United Kingdom
Francisco Garcia-Ginovart
Houlihan Lokey; Madrid, Spain
Juan Ibinarriaga
Bank of America Merrill Lynch; Madrid, Spain
Ana López
Freshfields Bruckhaus Deringer; Madrid, Spain
3:30-4:00 p.m.
Afternoon Tea
Sponsored by FTI Consulting, Inc.
4:00-5:15 p.m.
Eurozone Update 2015
Jeremy Wessels, Moderator
Mourant Ozannes; Guernsey, United Kingdom
George B. Bazinas
Bazinas Law Firm; Athens, Greece
Luis Martín Bernardo
Abencys; Madrid, Spain
Dr. H. Philipp Esser
Schultze & Braun; Achern, Germany
Tony O'Grady
Matheson; Dublin, Ireland
Prof. Ignacio Tirado
Universidad Autónoma de Madrid; Madrid
5:15-6:45 p.m.
Cocktails & Canapés
Programme Chair
Ian G. Williams
Baker Tilly Restructuring & Recovery LLP; London, England
Symposium Information
Hotel
Madrid is a captivating city, and the Hotel Ritz Madrid puts you right in the center of it all. This elegant hotel is conveniently situated among the beautiful Retiro Park, the elegant Teatro de la Zarzuela and Madrid’s most important museums. ABI has arranged a special conference rate of €250 for a Classic Room from October 22-24, 2015. In order to be eligible for the group rate, 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. Make your reservations by September 21, 2015, to reserve the special rate.
Rooms are held on a first-come, first-served basis. ABI cannot guarantee any rooms after the specially rated ABI block is filled.Continuing Education Credit
5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 6 hours of general CLE 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 in the amount of 5 hours of general CLE. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 6 credit hours, which can be applied toward professional practice. 6 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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.
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. All applications for financial assistance must be submitted by September 4, 2015. 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 October 2, 2015. No refunds will be granted after October 2, but substitutions will be allowed. After October 2, 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.
Rates
Registration Rates Early
(postmarked by 9/25/15)Regular
(after 9/25/15)ABI Member$595$695New ABI Member*$690$790University of Madrid Student Rate**100 EUROS100 EUROS*Includes a one-year ABI International membership for first-time members outside of North America only.
**To obtain the University of Madrid Student Rate, please contact Elizabeth Carden at [email protected].
Event Information 231814
Wednesday, November 11
7:30-8:30 a.m.
Continental Breakfast and Registration
8:30-8:45 a.m.
Veterans Day Tribute and Welcome
Chief Judge Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
8:45-10:15 a.m.
Opening Plenary Session
Witness Preparation
This year’s litigation session will focus on preparing a witness to testify in various bankruptcy circumstances, including § 341 meetings, Rule 2004 examinations, evidentiary hearings and trials. The session will also include “how to” and “how not to” demonstrations of witness preparation by experienced trial lawyers encompassing preparation for both direct testimony and cross-examination.
Presenters:
Thomas W. Cranmer
Miller, Canfield, Paddock and Stone, P.L.C.; Troy, Mich.
Thomas G. McNeill
Dickinson Wright PLLC; Detroit
Witnesses:
Kevin C. Calhoun
Calhoun & Di Ponio PLC; Southfield, Mich.
Kimberly M. Lubinski
Butler, Butler & Rowse-Oberle, PLLC; St. Clair Shores, Mich.
10:15-10:30 a.m.
Coffee Break
10:30-11:45 a.m.
Concurrent Sessions (3)
Litigating Stay Violations and Discharge Injunction Violations in Chapters 7 and 13
This session will discuss the different procedures, legal standards, remedies, burdens of proof and case law applicable when litigating violations of the automatic stay and violations of the discharge injunction in both chapter 7 and chapter 13 cases.
Chief Judge Phillip J. Shefferly, Moderator
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Roberta W. Andrews
Firebaugh & Andrews P.L.L.C.; Westland, Mich.
Hon. Walter Shapero
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Tamara A. White
Holzman Corkery PLLC; Southfield, Mich.
Oyez! Oyez! Oyez! Supreme Court Update
This session will focus exclusively on recent Supreme Court decisions in bankruptcy cases, including this term’s chapter 13 cases, fee disputes and Stern updates.
Hon. Steven W. Rhodes (ret.)
Ann Arbor, Mich.
John A. E. Pottow
University of Michigan; Ann Arbor, Mich.
Law v. Siegel
This session will discuss Law v. Siegel and its implications for debtors’ exemptions,amendments to exemptions, and trustee tools to object to exemptions post-Law v. Siegel. This session will also explore the divergent case law emerging from the dicta in the Supreme Court’s opinion, and what it means to debtors and trustees going forward.
Michael A. Stevenson, Moderator
Stevenson & Bullock PLC; Southfield, Mich.
Leonora K. Baughman
Kilpatrick & Associates, P.C.; Auburn Hills, Mich.
Michael E. Baum
Schafer & Weiner PLLC; Bloomfield Hills, Mich
Hon. Thomas J. Tucker
U.S. Bankruptcy Court (E.D. Mich.); Detroit
11:45 a.m.-12:45 p.m.
Networking Luncheon
12:50-2:00 p.m.
Concurrent Sessions (3)
Current Issues Regarding Objections to Discharge in Chapter 7 Cases
This session will focus on a number of highly debated discharge objection issues, including responsibilities and culpability of debtors’ attorneys, procedures and criteria for settling or dismissing a § 727 objection to discharge in an adversary proceeding, and the “selling” of discharges.
Hon. Scott W. Dales
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Jill M. Gies
Office of the U.S. Trustee; Detroit
Paul R. Hage
Jaffe Raitt Heuer & Weiss PC; Southfield, Mich.
Timothy J. Miller
Schneider Miller, P.C.; Detroit
CFPB, or Who Wants to Be a Millionaire?
This session will focus on nonbankruptcy causes of action under the CFPB and similar statutes.
Caralyce M. Lassner, Moderator
Caralyce M. Lassner, JD, PC; Utica, Mich.
Melissa Byrd
Midland Credit Management, Inc.; Warren, Mich.
Kurt A. O’Keefe
Kurt A. O’Keefe; Grosse Pointe, Mich.
Karen L. Rowse-Oberle
Butler, Butler & Rowse-Oberle, PLLC; St. Clair Shores, Mich.
Adam G. Taub
Consumer Law Group, PLC; Southfield, Mich.
End-of-the-Road Issues in Chapter 13
This special session will focus on issues that frequently arise at the end of a chapter 13 case, including post-confirmation fee applications, notice of final cure issues, and other last-minute discrepancies as a debtor completes a chapter 13 case.
Christopher W. Jones, Moderator
Acclaim Legal Services, PLLC; Warren, Mich.
Lisa K. Mullen
Office of the Chapter 13 Trustee; Southfield, Mich.
Hon. Daniel S. Opperman
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Kim-Su Morden Rattet
Trott Law, P.C.; Farmington Hills, Mich.
2:00-2:10 p.m.
Break
2:10-3:20 p.m.
Concurrent Sessions (3)
Forgotten and Overlooked Issues in Chapter 7
This session will discuss the various issues that exist in chapter 7 cases but are frequently overlooked, including § 350 motions to reopen, § 365(p) lease assumptions, § 366 utility motions, post-petition loan modifications, and debtors’ attorneys’ responsibilities regarding reaffirmations.
Michael P. Hogan, Moderator
Schneiderman & Sherman, P.C.; Farmington Hills, Mich.
Hon. James W. Boyd
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Stuart A. Gold
Gold Lange & Majoros, P.C.; Southfield, Mich.
Mark H. Shapiro
Steinberg Shapiro & Clark; Southfield, Mich.
Claims, Claims, Claims in Chapter 13 Cases
This session will cover chapter 13 claims issues, both from the creditor’s point of view (“What happens if I don’t file my claim by the bar date?”) and from the debtor’s point of view (“Can I file a protective claim?”), along with emerging claims issues regarding priority tax claims and nondischargeable post-discharge interest.
Kurt A. Steinke, Moderator
Office of the Chapter 13 Trustee; Kalamazoo, Mich.
Danielle M. Klyce
Frego & Associates PLC; Dearborn Heights, Mich.
Hon. Marci B. McIvor
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Noel J. Ravenscroft
Potestivo & Associates, P.C.; Rochester Hills, Mich.
Student Loans A-Z
This session will discuss student loan issues that arise both pre- and post-petition. Among the pre-petition issues are collection actions against borrowers, nonbankruptcy alternatives for borrowers, and legislative updates. Among the post-petition issues are the elements of nondischargeability under § 523(a)(8), classification of student loans in chapter 13 cases, preference actions to recover pre-petition payments on student debt and more.
Craig S. Schoenherr, Sr., Moderator
O’Reilly Rancilio P.C.; Sterling Heights, Mich.
Corey M. Carpenter
B.O.C. Law Group, P.C.; Pleasant Ridge, Mich.
Steven J. Cohen
Lieberman Gies & Cohen PLLC; Farmington Hills, Mich.
Hon. John T. Gregg
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids.
3:20-3:35 p.m.
Refreshment Break
3:35-5:00 p.m.
Closing Plenary Session
Annual Case Law Update — from the Circuits Down
This annual favorite will cover all of the recent consumer bankruptcy law decisions, hot topics and new cases from the circuit level on down through the district courts and bankruptcy courts, concentrating on the Sixth Circuit and the Eastern and Western Districts of Michigan. The session may also include any cases of interest from any other circuit or district court.
Thomas D. DeCarlo, Moderator
Office of the Chapter 13 Trustee; Southfield, Mich.
Hon. John P. Gustafson
U.S. Bankruptcy Court (N.D. Ohio); Toledo
5:00-6:00 p.m.
Networking Reception
Judicial Chair
Chief Judge Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Conference Chair
Caralyce M. Lassner
Caralyce M. Lassner, JD, PC; Utica, Mich.
Planning Committee
Melissa S. Byrd
Encore Capital Group; Warren, Mich.
Corey M. Carpenter
B.O.C. Law Group, P.C., Pleasant Ridge, Mich.
Thomas D. DeCarlo
Office of the Chapter 13 Trustee; Southfield, Mich.
Jill M. Gies
Office of the U.S. Trustee; Detroit
Michael P. Hogan
Kilpatrick & Associates, P.C.; Auburn Hills, Mich.
Christopher W. Jones
Acclaim Legal Services, PLLC; Warren, Mich.
Danielle M. Klyce
Frego & Associates, PLC; Dearborn Heights, Mich.
Lisa K. Mullen
Office of the Chapter 13 Trustee; Southfield, Mich
Noel J. Ravenscroft
Potestivo & Associates PC; Rochester Hills, Mich.
Craig S. Schoenherr, Sr.
O’Reilly Rancilio P.C.; Sterling Heights, Mich.
Michael A. Stevenson
Stevenson & Bullock PLC; Southfield, Mich.
Conference Information
Hotel
The elegant Somerset Inn, our host hotel, is located in the heart of Troy’s business and financial district in close proximity to The Palace at Auburn Hills, Ford Field, Comerica Park, a golf course, and several museums and theaters. ABI has reserved a block of rooms at the special conference rates of $119 for a Tower Room and $139 for an Executive Room. To secure these special rates, reservations must be made by October 27, 2015. Reservations are limited, and rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the October 27 cutoff or after the specially rated ABI block has been filled.
Continuing Education Credit
6.5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 7.5 hours of general CLE credit 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 in the amount of 6.5 hours of general CLE. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 7.5 credit hours, which 1.5 can be applied toward professional practice. 7.5 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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. For more information about the conference, please e-mail [email protected].
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. Financial assistance is available for this program; all applications for financial assistance must be submitted by September 25, 2015. 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, ABI may allow the individual to work at the 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. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or send an email to [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by October 21, 2015. No refunds will be granted after October 21, but substitutions will be allowed. After October 21, 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.
Special Thanks
We extend our special thanks to Conway MacKenzie for the educational materials on USB drives, Donlin, Recano & Co., Inc. for the conference lanyards, Thomson Reuters for the printed educational materials and Wilmington Trust for the tote bags.
Rates
Registration Rates Early Bird
(postmarked by 8/28/15)Regular
(after 8/28/15)ABI or CBA Member$225$295ABI Gov’t./Academic/Nonprofit Member$225$295New ABI Member*$500$570Govt./Academic/Nonprofit New ABI Member*$320$390Exhibitor Rates
ABI Member Exhibitor**$1,000New ABI Member Exhibitor***$1,295* Includes a one-year ABI membership for first-time members — a $295 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI or CBA member to attend the conference.
** 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.
Event Information 231819
Thursday, November 5
8:30 a.m.
Registration Desk Open and Continental Breakfast
9:30-9:45 a.m.
Welcome
Panels will address key stages of the restructuring process in order to highlight how a company can lose control of its own reorganization. We will consider such questions as the appropriate level of advocacy, the ethics of giving particular advice that favors the advising professional, and other common reorganization dilemmas.
9:45 a.m.-12:00 noon
Session 1
Credit: You Can’t Live Without It, but You Can’t Live With It, Either (1 hour)David E. Fraimow, Moderator
LBC Credit Partners, Inc.; Philadelphia
Bernard A. Katz
CohnReznick LLP; Edison, N.J.
David S. Miller
Macquarie Capital (USA) Inc.; New York
Geoffrey A. Richards
Canaccord Genuity Inc.; New York
Janet M. Weiss
Gibson, Dunn & Crutcher LLP; New York
Break: 10 minutes
Session 2
The Leverage Wars: Et Tu, Supreme Court? (1 hour)Lorie Beers, Moderator
Cowen and Company; New York
Derek C. Abbott
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Michael S. Goodman
SSG Capital Advisors, LLC; Conshohocken, Pa.
Paul Halpern
Versa Capital Management, LLC; Philadelphia
Brian Hermann
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
12:00-1:00 p.m.
Lunch
1:00 p.m.-3:15 p.m.
Session 3
Creditors’ Committees: What Are They Good For? (1 hour)Eric J. Fromme, Moderator
Jeffer Mangels Butler & Mitchell LLP; Irvine, Calif.
Randall L. Klein
Goldberg Kohn; Chicago
Robyn F. Pollack
Saul Ewing LLP; Philadelphia
Wayne P. Weitz
EisnerAmper LLP; New York, NY
Break: 10 minutes
Session 4
The Post-Confirmation Hunt for Value: Is Anyone Safe? (1 hour)Eric J. Fromme, Moderator
Jeffer Mangels Butler & Mitchell LLP; Irvine, Calif.
Holly Felder Etlin
AlixPartners, LLP; New York
Mark Fink
Montgomery, McCracken, Walker & Rhoads, LLP; Wilmington, Del
Margaret M. Manning
Gavin/Solmonese LLC; Wilmington, Del.
Lawrence R. Perkins
SierraConstellation Partners LLC; Los Angeles
3:15-3:30 p.m.
Refreshment Break
3:30-5:30 p.m.
Session 5
Conflicts, Disqualification and Withdrawal, Oh My! (Ethics) (1 hour)Kathryn A. Coleman, Moderator
Hughes Hubbard & Reed LLP; New York
Deirdre A. McGuinness
KCC; New York
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Kelly Beaudin Stapleton
Alvarez & Marsal; New York
Christopher K. Wu
Carl Marks Advisory Group LLC; New York
Break: 10 minutes
Session 6
Are Plans of Reorganization Now Completely Irrelevant? (1 hour)Kathryn A. Coleman, Moderator
Hughes Hubbard & Reed LLP; New York
Evan Blum
GlassRatner Advisory & Capital Group LLC
William H. Henrich
Getzler Henrich & Associates LLC; New York
Richard E. Mikels
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; Boston
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
5:30-5:45 p.m.
Summary and Concluding Remarks
6:00-9:00 p.m.
Joint Reception and Dinner with 2015 Corporate Restructuring Competition Sponsors, Judges and Students
Sheraton University City Hotel
Benjamin Franklin Ballroom
3549 Chestnut Street
Philadelphia, PA 19104
6:00-7:00 p.m.
Cocktail Reception
7:00-9:00 p.m.
Dinner
This event is one of the premier gatherings of area restructuring and legal professionals, and will be attended by many local bankruptcy judges. Join your fellow students for an enjoyable evening of dining and networking with future colleagues. Hon. Marjorie Rendell, a federal judge on the U.S. Court of Appeals for the Third Circuit, will present keynote remarks.
Single Tickets & Sponsorships Available. Please contact Sharisa Sloan for additional details at [email protected] or 703-739-0800.
2015 Complex Financial Restructuring Program Co-Chairs
Lorie R. Beers
Cowen and Company; New York
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
David E. Fraimow
LBC Credit Partners, Inc.; Philadelphia
Eric J. Fromme
Jeffer Mangels Butler & Mitchell LLP; Irvine, Calif.
2015 Complex Financial Restructuring Program Faculty
Derek C. Abbott
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Evan Blum
GlassRatner Advisory & Capital Group LLC
Holly Felder Etlin
AlixPartners, LLP; New York
Mark Fink
Montgomery, McCracken, Walker & Rhoads, LLP; Wilmington, Del
Michael S. Goodman
SSG Capital Advisors, LLC; Conshohocken, Pa.
Paul Halpern
Versa Capital Management, LLC; Philadelphia
William H. Henrich
Getzler Henrich & Associates LLC; New York
Brian S. Hermann
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Bernard A. Katz
CohnReznick LLP; Edison, N.J.
Randall L. Klein
Goldberg Kohn; Chicago
Margaret M. Manning
Gavin/Solmonese LLC; Wilmington, Del.
Deirdre A. McGuinness
KCC; New York
Richard E. Mikels
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; Boston
David S. Miller
Macquarie Capital (USA) Inc.; New York
Lawrence R. Perkins
SierraConstellation Partners LLC; Los Angeles
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Robyn F. Pollack
Saul Ewing LLP; Philadelphia
Geoffrey A. Richards
Canaccord Genuity Inc.; New York
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Kelly Beaudin Stapleton
Alvarez & Marsal; New York
Janet M. Weiss
Gibson, Dunn & Crutcher LLP; New York
Wayne P. Weitz
EisnerAmper LLP; New York, NY
Christopher K. Wu
Carl Marks Advisory Group LLC; New York
Conference Information
Hotel
Enjoy a relaxing stay, a convenient location and comforting amenities at the newly renovated Sheraton Philadelphia University City Hotel. Located at 3549 Chestnut Street, Philadelphia, PA 19104-3361, on the campus of the University of Pennsylvania, the hotel is the site of the combined CFRP/CRC reception and dinner, and just steps away from The Wharton School and Amtrak’s 30th Street Station. ABI has arranged a special conference rate of $185 per night single/double. Reservations must be made directly with the hotel by Friday October 16, 2015. To secure the reduced rate, reservations may be made only once you have registered with ABI. Upon payment of the conference registration fees, you will receive your hotel reservation information with your conference confirmation. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room once the specially rated ABI block has been filled.
Travel
Air: Fly into Philadelphia International Airport (PHL).
Ground: The hotel is approximately 7 miles from Philadelphia International Airport. Taxis are available 24 hours a day, and the fare is generally $32 with a travel time of about 20 minutes to the Sheraton. Lady Liberty Shuttle is also available from the airport for a $10 fee; travel time is approximately 30-45 minutes. Call (215) 724-8888 for reservations.
Rail: The Philadelphia Rail Station is less than half a mile from the Sheraton, and taxi fare from the station is generally $5.
Conference Attire
Business attire is requested throughout the conference.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by October 15, 2015. No refunds will be made if notice is received after October 15, although substitutions will be allowed. After October 15, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education Credit
6.5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 7.5 hours of general CLE credit 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 in the amount of 6.5 hours of general CLE. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 7.5 credit hours, of which 1.5 hours can be applied toward professional practice. 7.5 hours of CPE credit 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 in 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. For information on tuition assistance, send an e-mail to [email protected].
Conference Rates
Registration Rates Early
(postmarked by 8/28/15)Regular
(8/29/15-10/16/15)Late
(after 10/16/15)ABI/TMA Member$545$595$645ABI Govt./Nonprofit ABI Member$345$395$445New ABI Member*$820$870$920Govt./Nonprofit ABI New Member*$440$490$540ABI Member Exhibitor Registration** $1,600 New ABI Member Exhibitor Registration*** $1,895 Additional Booth Representative $300 * Includes a one-year ABI membership for first-time members — a $295 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.
** 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.
CFRP Optional Event
Single Ticket to CRC Dinner - $150
(Available to registered CFRP attendees and exhibitors only)Table Sponsor for CRC Dinner $1,000 (Includes 4 tickets to the CRC Dinner) $2,000 (Includes 8 tickets to the CRC Dinner) The following exclusive sponsorships are currently available:
Cocktail Reception
(includes a half table)*$4,000 Dinner wine
(includes a half table)*$4,000 * Additional benefits apply.
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 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.
Case Study Narrative (Vandelay)
Case Study Exhibits - Exhibit A - 2011 Credit Facility Summary
Case Study Exhibits - Exhibit B - Express Shippers memo
Case Study Exhibits - Exhibits C through F
Case Study Exhibits - Exhibit G - Valuation Documents
Case Study Exhibits - Exhibit H - Cash collateral and adequate protection
Case Study Exhibits - Exhibit H - Leases and Executory Contracts
Case Study Exhibits - Exhibit H - Plan Classification
Case Study Exhibits - Exhibit H - Subordination AgreementsEvent Information 231863
Thursday, November 5
Joint Reception and Dinner with 2015 Complex Financial Restructuring Program, in partnership with TMA’s Philadelphia ChapterSheraton Philadelphia University City Hotel
Benjamin Franklin Ballroom
3549 Chestnut Street
Philadelphia, PA 191046:00-7:00 p.m.
ABI Registration Desk Open
Sheraton Philadelphia University City Hotel
3549 Chestnut Street
Philadelphia, PA 191104-33616:00-7:00 p.m.
Cocktail Reception
7:00-9:00 p.m.
Dinner
This event is one of the premier gatherings of area restructuring and legal professionals, and will be attended by many local bankruptcy judges. Join your fellow students for an enjoyable evening of dining and networking with future colleagues. Hon. Marjorie Rendell, a federal judge on the U.S. Court of Appeals for the Third Circuit, will present keynote remarks.
Single Tickets & Sponsorships Available. Please contact Sharisa Sloan for additional details at [email protected] or 703-739-0800.
Friday, November 6
7:30-8:30 a.m.
Breakfast and Draw for Team Numbers
(Team deliverables due at 7:30 a.m.)
8:00-8:30 a.m.
Judges’ Meeting
8:30-9:10 a.m.
Round 1A (Teams 1-6)
9:10-9:20 a.m.
Feedback for Round 1A (Teams 1-6)
9:30-10:10 a.m.
Round 1B (Teams 7-12)
10:10-10:20 a.m.
Feedback for Round 1B (Teams 7-12)
10:40-11:20 a.m
Round 2A (Teams 1-6)
11:20-11:30 a.m.
Feedback for Round 2A (Teams 1-6)
11:40-12:20 p.m.
Round 2B (Teams 7-12)
12:20-12:30 p.m.
Feedback for Round 2B (Teams 7-12)
12:30-1:00 p.m.
Judges’ Scoring Meeting to Determine Finalists
12:30-1:45 p.m
Luncheon
1:15-1:30 p.m.
First Feedback Session, Followed by Announcement of Finalists
2:30-3:15 p.m.
Finalist Team 1
3:15-3:30 p.m.
Feedback for Finalist Team 1
3:30-4:15 p.m.
Finalist Team 2
4:15-4:30 p.m.
Feedback for Finalist Team 2
4:30-5:15 p.m.
Finalist Team 3
5:15-5:30 p.m.
Feedback for Finalist Team 3
5:30-5:45 p.m.
Judges’ Scoring Meeting to Determine Winner
5:30-7:00 p.m.
Cocktails, Second Feedback Session and Awards
Conference Information
Location
The Wharton School, University of Pennsylvania
Jon M. Huntsman Hall
3730 Walnut Street
Philadelphia, PA 19104-6362Lodging
Included (2 rooms with double beds for each out-of-town team)
Meals
Included
Travel
Responsibility of each participating team
Competition Information
Those who enter will receive the case vehicle/problem by electronic mail one (1) week before the competition.
How to Enter
Please contact Jennifer Dugas at [email protected] or (703) 739-0800.
Where and When
The 2015 case competition will occur at The Wharton School, The University of Pennsylvania, Jon M. Huntsman Hall, 3730 Walnut Street, Philadelphia, PA 19104-6362, on November 6, 2015. Lodging will be provided at the Sheraton Philadelphia University City Hotel.
Top Three Teams
In addition to team and individual trophies, cash prizes are awarded to the top three teams in the competition.
First place: $6,000
Second place: $3,500
Third place: $2,500Cash prizes are provided by ABI’s Anthony H.N. Schnelling Endowment Fund. The first-place team earns a space on the Bettina M. Whyte Trophy, permanently housed at the ABI offices.
Major Sponsors
Table Sponsors
Ballard Spahr LLP
Barnes & Thornburg LLP
Blank Rome LLP
BMC Group
Cozen O’Connor
Dilworth Paxson LLP
Gavin/Solmonese LLC
Gellert Scali Busenkell & Brown, LLC
Klehr Harrison Harvey Branzburg LLPLowenstein Sandler LLP
Pachulski Stang Ziehl & Jones LLP
Polsinelli
Saul Ewing LLP
Womble Carlyle Sandridge & Rice, LLP
Young Conaway Stargatt & Taylor, LLPRates
Entrance Fee $200 per team Corporate Restructuring Competition Dinner
For additional sponsor information, please contact Sharisa Sloan at [email protected]
Single Ticket to CRC Dinner - $250
Table Sponsor for CRC Dinner $1,000 (Includes 4 tickets to the CRC Dinner) $2,000 (Includes 8 tickets to the CRC Dinner) Rules of Competition
Composition of the teams
Teams will consist of three or four students who must be enrolled in their school at the time of the competition. Team members may be substituted at the competition in case of illness or disability. It is expected, but not required, that the students will mostly be second-year (graduating in the 2014-2015 school year) MBA students. Teams should not obtain aid in solving the case from individuals who are not part of the team, and will be asked to certify that the work product they submit at the competition is their own. Former competitors are not allowed to compete in this year's competition.
Case vehicle
The case to be analyzed will be delivered to the participating teams one (1) week prior to the competition. The case vehicle, concerning a distressed company, will describe the company and the industry in which it operates. It will present the challenges facing the decision-makers in determining the appropriate restructuring steps to take.
Ancillary information about the company, industry and market data and some basic restructuring and bankruptcy principles will be provided in the case vehicle. The case competition is not intended to be a fact-finding exercise for the teams. The material included in the case vehicle is meant to provide all the information required for the case, and information or facts outside the case materials should not be considered (and will not be considered by the judges if presented).You will be asked at the competition to certify that the work product submitted is only that of your team and its members.
Presentations
As stated in the case materials and as reflected on the competition schedule, the competition will consist of submitting written materials and making presentations, as advisors to the company, to separate panels of judges. The competition will be conducted on one day (Friday, November 7). All teams will be required to submit the written materials and participate in the first two rounds of presentations. Following the completion of the second round of presentations, the judges will meet and consider the performance of the teams considering both the written materials and the presentations. The top three (3) teams will be announced at the end of the lunch break and will proceed to the final presentation of the competition (presentations to start approximately one hour after the announcement of the finalists). At the end of the final presentations, the judges will rank the final three teams and announce the winning team at the closing reception. Teams that are not invited to participate in the finals presentations are encouraged to attend the finals presentations.
Written presentations must be submitted to the ABI representative designated at Registration no later than 7:30 a.m. on Friday, November 7. Each team's presentation should not exceed a limited amount of pages and is likely to include the items listed below, each as set forth in the instructions that will accompany the case materials:
- Liquidity analysis, including 13 week cash forecast
- Capital structure analysis, including the relative viewpoint of each constituent
- Debt capacity
- Prospects for new capital
- Valuation
- Operational alternatives
- Timeline(s)
Competitors will need to carefully consider the content of their presentations and judge what support materials will be used. Too little detail will fail to convince and too much detail runs the risks of losing the attention of the audience and running out of time to cover key agenda points.
Except as necessary as a tiebreaker, no points or rankings will be carried over from the first two presentations to the final presentations.
The ABI reserves the right to use all or portions of your presentations in future ABI programs.Judges
Judges in each of the rounds will be panels of experts from the turnaround, crisis management, distressed debt, DIP financing, legal and bankruptcy advisory industries. The pool of judges will change for each presentation. One of the main benefits to participating teams will be exposure to influential members in these industries.
Judging Criteria
Each presentation will be evaluated by the panel of judges on the basis of the quality of the analysis and presentation in the following areas:
- Financial and Operational Analysis
- Transaction Structure
- Implementation Strategy
- Demonstration of understanding of negotiation dynamics
- Creativity (Presentations)
Particular focus should be directed to compelling arguments, good analyses, likelihood of success, understanding of the dynamics among various constituencies and oral skills. It is important that the presentation demonstrates a thorough consideration of viable alternatives and provides detailed reasoning for recommendations. As with most cases, there is not necessarily a right or wrong answer. The judges will be looking for the quality of the analysis and reasoning in evaluating the presentation.
Questions:
Competition/Registration or Hotel confirmation: Allyson Donohue at ABI, (703) 739-0800 or [email protected]
Delicious Delights case study
Exhibit 19 - Selected Interest Rates
Exhibit 20 - Ibbotson 2014
Exhibit 21 - Livingston Survey December 2014
Item D - Plan Classification Primer
Item E - Fiduciary Duty Primer
Item F - Executory contracts
Item G - Cash collateral
Item H - Substantive consolidation
Item I - Equitable subordination
Item J - CBA Primer
Welcome and instruction letter
CRC 2015 - Delicious Delights - Model
Exhibit 22 - Stock prices
CRC 2015 - Student Questions and responsesEvent Information 232551
Wednesday, October 28
8:00-8:45 a.m.
Continental Breakfast and Registration
8:45-9:00 a.m.
Welcome Address
9:00-10:00 a.m.
Momentive: Revisiting Till and Secured Creditor Cramdown
The Momentive decision is one of the most momentous decisions concerning secured creditor cramdown in recent years. This panel will review the Supreme Court’s Till decision and post-Till developments and explore the Momentive decision, focusing on the decision’s impact on and importance for future restructurings.
Andrew Scruton, Moderator
FTI Consulting, Inc.; New York
William Q. Derrough
Moelis & Company; New York
Dennis F. Dunne
Milbank, Tweed, Hadley & McCloy LLP; New York
Matthew A. Feldman
Willkie Farr & Gallagher LLP; New York
David Hilty
Houlihan Lokey; New York
10:00-10:15 a.m.
Coffee Break
10:15-11:25 a.m.
Oil and Gas Restructurings: Unique and Complex Capital Structures and Challenges
This panel will explore the oil and gas industry from a restructuring perspective. The panel will also examine the unique and complex capital structures that are frequently present in oil and gas companies, which present challenges for the restructuring practitioner. Finally, the panel will review the basic features of pertinent legal documentation, including the rights and remedies of the players in this space, that must be accounted for in devising restructuring solutions.
Michael O'Hara, Moderator
The Blackstone Group; New York
Jeff Huddleston
Conway MacKenzie; Houston, TX
Duston K. McFaul
Sidley Austin; Houston, TX
Karim Rashid
Intrepid Financial Partners; Houston, TX
Joshua Alexander Sussberg
Kirkland & Ellis LLP; New York
11:30 a.m.-12:30 p.m.
Business Development: From Developing a Watch List to Making the Pitch
From developing a watch list to distinguishing your firm in a pitch setting, our panel of experienced business generators will share their best practices and tips.
Roger G. Schwartz, Moderator
Latham & Watkins LLP; New York
Lisa B. Neimark
Duff & Phelps, LLC; Chicago
Neil Luria
SOLIC Capital Advisors, LLC; Evanston, IL
Ron E. Meisler
Skadden, Arps, Slate, Meagher & Flom LLP; Chicago
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
12:30-1:45 p.m.
Keynote Presentation
Kurt Summers
City of Chicago Treasurer and head of the City and Board of Education Pension Funds
1:45-3:00 p.m.
Coal Mining
2015 marks an unprecedented year of distress for the entire coal mining industry. During this session, the panel will provide the audience with a complete picture of the major operational, financial, legal, and regulatory issues that have led to the present state of the industry and offer a glimpse into how these issues might impact restructurings in the industry and the overall health of the industry for years to come.
Ray Dombrowski, Moderator
Alvarez & Marsal; New York
Tyler Cowan
Lazard; Chicago
Brad B. Erens
Jones Day; Chicago
Brian M. Resnick
Davis Polk & Wardwell LLP; New York
3:05-4:15 p.m.
Judges’ Panel
Hon. C. Ray Mullins, Moderator
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Hon. Pamela Pepper
U.S. District Court (E.D. Wis.); Milwaukee
Hon. John T. Gregg
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
4:15-4:30 p.m.
Refreshment Break
4:30-5:30 p.m.
Supreme Court Update: Review of Recent Bankruptcy-Related Decisions
From issues of consent and matters of constitutional authority, to the all-important topic of professionals’ fees, the Supreme Court considered a number of issues critical to restructuring attorneys and advisors in 2015. Our panel of Supreme Court advocates and bankruptcy scholars will weigh in on the Court’s most recent term and provide expert analysis of the Court’s opinions and their applicability to everyday practice.
Hon. Eugene R. Wedoff, Moderator
U.S. Bankruptcy Court (N.D. Ill.); Chicago
David M. Neff
Perkins Coie LLP; Chicago
Prof. John A.E. Pottow
University of Michigan Law School; Ann Arbor, MI
Catherine L. Steege
Jenner & Block LLP; Chicago
Prof. Charles Jordan Tabb
University of Illinois College of Law; Champaign, IL
5:30-6:30 p.m.
Networking Reception
Judicial Chairs
Hon. C. Ray Mullins
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Co-Chairs
Jessica C.K. Boelter
Sidley Austin LLP; Chicago
Matthew J. Hart
Intrepid Financial Partners; New York
Melissa M. Root
Jenner & Block LLP; Chicago
Justin Schmaltz
Alvarez & Marsal; Chicago
Advisory Board
James Baird
Blackstone; New York
Michael C. Buenzow
FTI Consulting, Inc.; Chicago
Kevin M. Carmody
McKinsey & Company; Chicago
John A. Dischner
AlixPartners LLP; Chicago
Will Guerrieri
Kirkland & Ellis LLP; Chicago
Timothy Hoffman
Jones Day; Chicago
Paul J. Keenan
Greenberg Traurig, LLP; Miami
Robert J. Lemons
Weil, Gotshal & Manges LLP; New York
Jennifer McConnell
Mesirow Financial Consulting, LLC; Chicago
Michelle M. McGreal
Davis Polk & Wardwell LLP; New York
Ron E. Meisler
Skadden, Arps, Slate, Meagher & Flom LLP; Chicago
Mark L. Radtke
Shaw Fishman Glantz & Towbin LLC; Chicago
Caroline A. Reckler
Latham & Watkins LLP; Chicago
Nathan Q. Rugg
Adelman & Gettleman, Ltd.; Chicago
Ryan Sandahl
Houlihan Lokey; Chicago
Conference Information
Location
The conference will be held at the Jenner & Block LLP Conference Center, located at 353 N. Clark Street, Chicago, IL 60654
Continuing Education Credit
7.5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 9 hours of general CLE credit are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 9 credit hours. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 7.5 hours. 9 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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.
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. Financial assistance is available for this program; all applications for financial assistance must be submitted by October 9, 2015. 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, ABI may allow the individual to work at the 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 more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or send an email to [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by October 9, 2015. No refunds will be granted after October 9, but substitutions will be allowed. After October 9, 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.
Gold Sponsors
Adelman & Gettleman, Ltd.
Development Specialists, Inc
FTI Consulting, Inc.
Jenner & Block
Sidley Austin LLPSilver Sponsors
Davis Polk & Wardwell LLP
Shaw Fishman Glantz & Towbin LLCSpecial Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, Conway MacKenzie/Variant Capital Advisors LLC for the educational materials on thumb drives, West, a Thomson Reuters business for the educational materials and Wilmington Trust for the tote bags.
Interested in sponsorship opportunities? Conatct Jennifer Guirguis at [email protected] for more information.
Rates
Registration Rates* Early
(until 9/18/15)Regular
(after9/18/15)ABI Member$295$345Gov’t./Aca./Nonprofit Member$245$295New ABI Member*$570$620Govt./Aca./Nonprofit New ABI Member**$340$390*Includes a one-year ABI membership for first-time members — a $295 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI member to attend the conference. Membership is individual and nonrefundable.
Sending more than three people? Ask us about group discounts! Contact Jennifer Guirguis at [email protected] for more information.
Event Information 232925
Monday, November 23
8:30-9:30 a.m.
Registration and Continental Breakfast
9:30-10:45 a.m.
Bankruptcy Litigation: Emerging Tactics and the Do’s and Don’ts
This panel will delve into the tactics being employed in complex cases, such as the attempt at a pre-emptive involuntary filing in the Caesars cases, the objections to fees post-Asarco, and the numerous Energy Future adversary proceedings. The panel will also include observations from the judicial panelists on what is and is not effective in persuading a court.
Hon. Laurie Selber Silverstein
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Leonard P. Stark
U.S. District Court; Wilmington
Moderator:
Adam G. Landis
Landis Rath & Cobb LLP; Wilmington
Panelists:
David M. Hillman
Schulte Roth & Zabel LLP; New York
J. Christopher Shore
White & Case LLP; New York
Robert J. Stark
Brown Rudnick LLP; New York
10:45-11:00 a.m.
Coffee Break
11:00 a.m.-12:15 p.m.
Delaware Fiduciary Litigation Meets Distress and Bankruptcy
Recent cases in bankruptcy court and the Court of Chancery have addressed fiduciary duty claims and the standing of creditors to bring such actions. This panel will address the current state of the law on when fiduciary duties may be owed to creditors of a distressed company, synthesizing the intersection between bankruptcy law and Delaware law, the recent decisions addressing who can bring claims and when, and the practical realities of advising D&Os on their duties.
Chancellor Andre G. Bouchard
Delaware Court of Chancery; Wilmington
Hon. Kevin Gross
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Kent A. Jordan
U.S. Court of Appeals, Third Circuit; Wilmington
Moderator:
William P. Bowden
Ashby & Geddes, PA; Wilmington
Panelists:
Prof. Michelle M. Harner
University of Maryland School of Law; Baltimore
Thomas B. Walper
Munger, Tolles & Olson, LLP; Los Angeles
12:15-1:15 p.m.
Networking Luncheon
1:15-1:45 p.m.
Keynote Speaker
Kevyn Orr
Jones Day LLP; Washington, D.C.
As Detroit’s Emergency Manager, Orr oversaw the largest and most complicated municipal bankruptcy proceeding in U.S. history. Due to his work in Detroit, he was named 9th out of the 100 most powerful people in finance in 2013 by Worth magazine and as one of the “World’s 50 Greatest Leaders” in 2015 by Fortune magazine.
2:00-3:15 p.m.
We’ve Gotta Get Out of This Place: Finding Exits in Difficult Cases
This panel will address the difficulties of achieving exits in difficult chapter 11 cases, such as liquidating cases where there is little cash and competing claims, and the effect of the Jevic ruling on the use of structured dismissals. The panel will also highlight recent efforts to make confirming a plan in a tight case more reasonable, including local rules initiatives across the country and ABI’s Task Force on Plan Confirmation.
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Mary F. Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington
Moderator:
Domenic E. Pacitti
Klehr Harrison Harvey Branzburg LLP; Wilmington
Panelists:
Jennifer C. Hagle
Sidley Austin LLP; Los Angeles
Sharon L. Levine
Lowenstein Sandler LLP; Roseland, N.J.
Christopher J. Marcus
Kirkland & Ellis LLP; New York
3:15-3:30 p.m.
Refreshment Break
3:30-4:45 p.m.
The Evolving Dynamics of Secured Lending and the Rights of Secured Creditors
This panel will explore recent developments affecting the rights of secured parties in bankruptcy cases, including the recent make-whole decisions from the Energy Future and Momentive cases, the use of cramdowns following the Momentive opinions, and the complexities of dealing with unitranche facilities in bankruptcy cases.
Hon. Brendan Linehan Shannon
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
Moderator:
Jeremy W. Ryan
Potter Anderson & Corroon LLP; Wilmington
Panelists:
Damian S. Schaible
Davis Polk & Wardwell LLP; New York
Ray C. Schrock
Weil, Gotshal & Manges LLP; New York
Scott D. Talmadge
Kaye Scholer LLP; New York
4:45-6:30 p.m.
Networking Reception
Judicial Chair
Hon. Brendan Linehan Shannon
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Laurie Selber Silverstein
U.S. Bankruptcy Court (D. Del.); Wilmington
Program Chair
Steven K. Kortanek
Womble Carlyle Sandridge & Rice, LLP; Wilmington
Steering Committee
Erin K. Brignola
Cooper Levenson Attorneys at Law; Bear, Del.
Daniel J. DeFranceschi
Richards, Layton & Finger, PA; Wilmington
Kurt F. Gwynne
Reed Smith LLP; Wilmington
Kimberly A. LaMaina
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington
Margaret M. Manning
Gavin/Solmonese LLC; Wilmington
Pauline K. Morgan
Young Conaway Stargatt & Taylor, LLP; Wilmington
Kerri K. Mumford
Landis Rath & Cobb LLP; Wilmington
James E. O'Neill
Pachulski Stang Ziehl & Jones LLP; Wilmington
Domenic E. Pacitti
Klehr Harrison Harvey Branzburg LLP; Wilmington
Marion M. Quirk
Cole Schotz P.C.; Wilmington
Jeremy W. Ryan
Potter Anderson & Corroon LLP; Wilmington
Stanley B. Tarr
Blank Rome LLP; Wilmington
Gregory W. Werkheiser
Morris, Nichols, Arsht & Tunnell LLP; Wilmington
Conference Information
Accommodations
The Hotel du Pont, a landmark historic property and premier business and corporate meeting establishment, will be the site of the conference. Located in the heart of Wilmington, the hotel is only 25 minutes from Philadelphia International Airport, one hour by train from Washington, D.C., and 1.5 hours by train from New York. ABI has secured a limited number of rooms at a discounted conference rate of $229 per night. To make your reservation, call (302) 594-3125 and ask for the special ABI rate.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by November 2, 2015. No refunds will be made if notice is received after November 2, although substitutions will be allowed. After November 2, upon written request, a coupon for 20% off the registration fee (not including optional events)will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
Approval for approximately 4.25 hours of continuing legal education credit is pending in states calculating CLE on a 60-minute hour, and 5 hours of general CLE credit 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 4.25 hours. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 5 credit hours. 5 hours of CPE credit are also available. Mark the appropriate box on the registration form.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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. For more information about the conference, please e-mail [email protected].
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. For information on tuition assistance, send an e-mail to [email protected].
Rates
Registration Rates* Early Bird
Postmarked by 10/23/15Regular
after 10/23/15ABI/DSBA Member$325$375ABI/DSBA Gov’t./Aca./Nonprofit Member$95$95New ABI Member*$600$650New Gov’t./Aca./Nonprofit ABI Member*$190$190*Includes a one-year ABI membership for new members only — a $295 value! Membership is individual and nonrefundable. To renew your membership, see below.
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 [email protected].
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 ManagementBlack Diamond Sponsors
Ballard Spahr LLP
Bieging Shapiro & Barber LLP
Markus Williams Young & Zimmermann LLCBlue 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 AdvisoryGreen Sponsors
Allen & Vellone, P.C.
Berenbaum Weinshienk PC
Buechler Law Office, L.L.C.
Ireland Stapleton Pryor & Pascoe, PC
r2 advisors, llc
Sherman & Howard LLCSpecial 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 $675New ABI Member* $850$900 $950Govt./Aca. ABI Member $345$395 $445Govt./Aca. New ABI Member* $440$490 $540Consumer 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) $50Thursday Networking Reception FreeThursday Networking Reception Guest $40Friday Networking Reception FreeFriday 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.
Event Information 234479
Thursday, February 4
5:00-6:00 p.m.
Emerging Leaders & Judges Roundtable (invite only)
6:00-8:00 p.m.
Opening Reception
Sponsored by C. Conde & Associates and Charles A. Cuprill PSC Law Offices
Friday, February 5
7:00-7:45 a.m.
Continental Breakfast
7:45-8:00 a.m.
Welcome and Opening Remarks
Mariaelena Gayo-Guitian, Co-Chair
Genovese, Joblove & Battista, P.A.; Fort Lauderdale, Fla.
Rudy J. Cerone, Co-Chair
McGlinchey Stafford; New Orleans
Hon. Brian K. Tester, Judicial Co-Chair
U.S. Bankruptcy Court (D. P.R.); San Juan
8:00-9:30 a.m.
Comprehending the Crisis: A Survey of Puerto Rico’s History and Fiscal Situation, and Paths Forward
The panel will discuss Puerto Rico’s present economic condition/situation, the sequence of events that have led to PR’s present economic crisis, what should/can be done to restructure PR’s debt, whether chapter 9 is an appropriate tool to restructure PR’s debt or a solution to its economic condition, and the legal issues that PR is likely to confront in light of its economic crisis.
Hon. Enrique S. Lamoutte, Moderator
U.S. Bankruptcy Court (D. P.R.); San Juan
Zachary H. Smith, Co-Moderator
Moore & Van Allen PLLC; Charlotte, N.C.
Carmen D. Conde-Torres
C. Conde & Associates; San Juan
Ingrid Bagby
Cadwalader, Wickersham & Taft LLP; Washington, D.C.
Martha E.M. Kopacz
Phoenix Management Services; Boston
9:30-10:30 a.m.
Concurrent Sessions (2)
Consumer Track
Puerto Rico Judges Panel
Puerto Rico judges will discuss attorneys’ fees in chapter 13 cases; summons, service of process, defaults and default judgments; the Puerto Rico homestead exemption law and recent decisions; and conducting evidentiary hearings (handling witnesses, documents and objections).
Antonio Arias, Moderator
McConnell Valdés LLC; San Juan
Hon. Mildred Cabán
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. Edward A. Godoy
U.S. Bankruptcy Court (D. P.R.); Ponce
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan
Business Track
Protecting Property (of the Estate) and (the Attorney/Client) Privilege in the Era of the Data Breach
This program will address the ethical obligations and best practices to be used by bankruptcy professionals to protect client confidences and valuable estate property in the era of the data breach. The panel will review the rules governing the attorney/client privilege in U.S., The Caymans, and other jurisdictions, as well as the ethical obligations of professionals to secure client information in their possession to forestall the unwanted disclosure of such information due to a data breach.
Ira L. Herman, Moderator
Thompson & Knight LLP; New York
Michael L. Bernstein
Arnold & Porter LLP; Washington, D.C.
Kenneth M. Krys
KRyS Global; George Town, Grand Cayman, Cayman Islands
Monsita Lecaroz-Arribas
U.S. Trustee, Region 21; San Juan
10:30-10:45 a.m.
Refreshment Break
Sponsored by KRyS Global
10:45-11:45 a.m.
Concurrent Sessions (2)
Consumer Track
Chapter 7 Panel
This panel will provide practical advice to attendees from the viewpoint of a chapter 7 trustee, an accountant and an attorney regarding completeness of schedules, how to properly prepare a debtor to face a chapter 7 trustee interrogation, and discussions on several administrative matters such as late-filed claims, asset-liquidation accounting and § 341 hearing continuances. The panel will also cover recent chapter 7 case law developments.
Javier Vilariño, Moderator
Vilariño & Associates LLC; San Juan
Christian Alcalá
Friedman & Feiger, San Juan
Wigberto Lugo-Mener, Jr.
Chapter 7 Panel Trustee, Guaynabo, P.R.
Noreen Wiscovitch-Rentas
Chapter 7 Panel Trustee; San Juan
Business Track
The Intersection of Cross-Border Insolvency Proceedings, Receiverships and U.S. Bankruptcy Proceedings.
This panel will discuss the intersection of cross-border insolvency proceedings, such as foreign receivership and/or liquidation proceedings, and U.S. bankruptcy proceedings through a case study of such recent cases as the Scrub Island Resort, Spa & Marina in the British Virgin Islands and the Baha Mar Casino & Hotel in the Bahamas. The panel will explore the issues that arise when these proceedings meet, the enforceability of orders emanating from each, the role that fiduciaries have therein, and the practical and legal differences, as well as advantages and disadvantages, between them.
Leyza Blanco, Moderator
GrayRobinson, PA; Miami
W. Keith Fendrick
Holland & Knight LLP; Tampa, Fla.
James W. Fox
GlassRatner Advisory & Capital Group LLC; New York
Jeremy C. Hollembeak
Kobre & Kim; New York
Charles A. Postler
Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.
11:45 a.m.-12:00 p.m.
Refreshment Break
Sponsored by GrayRobinson, P.A.
12:00-1:15 p.m.
Concurrent Sessions (2)
Consumer Track
Chapter 13 Panel
This panel will discuss the effects of recent decisions regarding the Puerto Rico homestead exemption in chapter 13 cases; chapter 13 debtors’ pre and post-petition causes of action, and the disclosure and determination of value of same; and the management of plan provisions, as well as objecting to and defending them.
Edgardo Mangual, Moderator
EMG Despacho Legal, CRL; San Juan
José R. Carrión
Standing Chapter 13 Trustee; San Juan
Gustavo A. Chico-Barris
Ferraiuoli LLC; San Juan
Rosamar García-Fontán
Fiddler, Gonzalez & Rodriguez, P.S.C.; San Juan
Alejandro Oliveras
Standing Chapter 13 Trustee; San Juan
Business Track
The More Things Change, the More They Stay the Same: Cutting-Edge Issues in Commercial Fraud Cases
This panel will address the legal and forensic issues arising from the newest iterations of this very old form of fraud, including recent cases in the Caribbean involving “reverse merger” schemes. Panelists include the fiduciaries appointed in the wind-up of the Telex Free and Peters Ponzi schemes, two of the larges schemes in history and both with deep connections to the Caribbean.
Francis C. Morrissey, Moderator
Morrissey, Wilson & Zafiropoulos LLP; Boston
Katherine R. Catanese
Foley & Lardner LLP; New York
Stephen B. Darr
Huron Consulting Group; Inc.; Boston
Geoff Varga
Duff & Phelps; New York
1:15-2:30 p.m.
Networking Luncheon
1:45-2:30 p.m.
Somewhere Beyond the Sea, The Challenges of Mediation, Cross Border and In the Caribbean.
Discussion of issues suited for cross border mediation, different mediating styles and local practices, judges as mediators, ethics and conflicts of interest, the ABI Model local Rule and much more.
Jerry M. Markowitz, Moderator
Markowitz Ringel Trusty + Hartog, P.A.; Miami
Peter L. Borowitz
Mangrove Mediation; Bonita Springs, F.L.
Hon. Leif M. Clark (ret.)
MWI; Boston
Arabella di Iorio
Maples and Calder; British Virgin Islands
2:30-3:45 p.m.
Consumer Track
Recent Developments in Chapter 13: Part 1
This panel will discuss all of the chapter 13 news whether or not it’s fit to print: what’s hot in recent chapter 13 decisions (including dead debtors), mindless judicial estoppel, sua sponte dismissals, objections to confirmation run amok, mortgage servicing worse than Comcast, IRS standards on steroids, and other things you always wanted to know about chapter 13 but were afraid to ask.
Henry E. Hildebrand
Lassiter, Tidwell, Davis, PLLC; Nashville, Tenn.
Hon. Keith M. Lundin
U.S. Bankruptcy Court (M.D. Tenn.); Nashville
3:45-4:00 p.m.
Refreshment Break
sponsored by PRBBA
4:00-5:15 p.m.
Consumer Track
Recent Developments in Chapter 13: Part 2
Henry E. Hildebrand
Lassiter, Tidwell, Davis, PLLC; Nashville, Tenn.
Hon. Keith M. Lundin
U.S. Bankruptcy Court (M.D. Tenn.); Nashville
5:30-7:30 p.m.
Networking Reception
Sponsored by O'Neill & Borges LLC
Saturday, February 6
7:45-8:45 a.m.
Wake up with the Judges
Prof. Andrew B. Dawson, Moderator
University of Miami School of Law, Coral Gables, Fla.
Patricia A. Redmond, Moderator
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.; Miami
Hon. Stuart M. Bernstein
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Mildred Cabán
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. A. Jay Cristol
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Edward A. Godoy
U.S. Bankruptcy Court (D. P.R.); Ponce
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan
8:45-9:45 a.m.
Individual Chapter 11 Confirmation Mock Hearing
This panel will conduct a mock oral argument at the conclusion of a confirmation hearing in an individual chapter 11 bankruptcy case. Issues unique to individuals who file chapter 11 will be explored by counsel for the debtor and an objecting creditor, as well as by the three-judge panel.
Hon. Laurel M. Isicoff, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. A. Jay Cristol
U.S. Bankruptcy Court (S.D.Fla.); Miami
William N. Lobel
Lobel, Neue & Till, LLP; Newport Beach, Calif.
Luis C. Marini-Biaggi
O’Neill & Borges LLC; San Juan
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan
9:45-10:00 a.m.
Refreshment Break
Sponsored by McConnell Valdes, LLC
10:00-11:15 a.m.
Chapter 15 Update
This panel will discuss the latest cross-border insolvency decisions from U.S. and Caribbean courts.
Gregory S. Grossman, Moderator
Astigarraga Davis; Miami
Hon. Stuart M. Bernstein
US Bankruptcy Court (S.D.N.Y.); New York
Kieran Hutchison
Ernst & Young; George Town, Grand Cayman, Cayman Islands
George W. Shuster, Jr.
WilmerHale; Boston
11:15 a.m.-12:15 pm
Puerto Rico’s Financial Crisis Impacts the Health Care Industry: When Health Care Goes on Life Support
This panel will discuss the Puerto Rico health care crisis by providing an overview of the changes in the health care industry; the challenges confronting the health care system in bankruptcy cases, including maintaining value before and during the sale process, special considerations in health care asset sales, Medicare/Medicaid cost report and recoupment issues; and medical malpractice liabilities. Can a bankruptcy filing preserve Medicare and Medicaid provider agreements? The panel will also discuss the appointment of patient care ombudsmen in health care business cases and Medicare fraud.
Sonia Colon, Moderator
Ferraiuoli LLC; Orlando, Fla.
Elizabeth A. Green
BakerHostetler; Orlando, Fla.
Soneet R. Kapila
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Francisco J. Mendez-Gonzalez
LLM&D, PSC; San Juan
Robert F. Náter-Lebrón
Ferraiuoli LLC; San Juan
12:15 p.m.
Adjourn
Conference Chairs
Rudy J. Cerone, Co-Chair
McGlinchey Stafford PLLC; New Orleans, LA
Mariaelena Gayo-Guitian, Co-Chair
Genovese Joblove & Battista, P.A.; Fort Lauderdale, Fla.
Hon. Robert A. Mark, Judicial Co-Chair (Miami)
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Brian K. Tester, Judicial Co-Chair (Caribbean)
U.S. Bankruptcy Court (D. P.R.); San Juan
Advisory Board
Joaquin J. Alemany
Holland & Knight LLP; Miami
Leyza F. Blanco
GrayRobinson, P.A.; Miami
C. R. “Chip” Bowles
Bingham Greenebaum Doll LLP; Louisville, Ky.
Sonia Colon
Ferraiuoli LLC; Orlando, Fla.
Carmen D. Conde Torres
C. Conde & Associates; San Juan
Melissa Davis
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Prof. Andrew B. Dawson
University of Miami School of Law; Miami
Ronald L. Glass
GlassRatner Advisory & Capital Group LLC; Atlanta
Gregory S. Grossman
Astigarraga Davis; Miami
Laura Hatfield
Solomon Harris; George Town, Grand Cayman, Cayman Islands
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Kenneth M. Krys
KRyS Global; George Town, Grand Cayman, Cayman Islands
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Edguardo Mangual-Gonzalez
EMG Dispacho Legal; San Juan
Isaac M. Marcushamer
Berger Singerman LLP; Miami
Jerry M. Markowitz
Markowitz Ringel Trusty + Hartog, P.A.; Miami
Francis C. Morrissey
Morrissey, Wilson & Zafiropoulos, LLP; Boston
Charles A. Postler
Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.
Patricia A. Redmond
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.; Miami
Zachary H. Smith
Moore & Van Allen PLLC; Charlotte, NC
Charles W. Throckmorton
Kozyak Tropin Throckmorton, LLP; Miami
Mark J. Wolfson
Foley & Lardner LLP; Tampa, Fla.
Conference Information
Hotel
Discover the warmth of the Caribbean and luxurious hospitality at the Ritz Carlton San Juan. Located in the fashionable Isla Verde district, this beautiful San Juan resort is nestled along the most beautiful beach on the island and located on eight lush acres of pristine grounds. ABI has arranged for a special conference rate of $299 single/double. To secure this special rate, reservations must be made by December 22, 2015. The ABI special rate is very limited and is available on a first-come, first-served basis. ABI cannot guarantee availability at the resort. You can make your reservation directly with the hotel by contacting its reservations department at (787) 253-1700 and identifying yourself with the Caribbean Insolvency Symposium/ABI room block.
Travel
The Ritz Carlton San Juan is conveniently located only minutes from Luis Muñoz Marin International Airport.
Continuing Education Credit
10.25 hours of general CLE credit, including 1 hour of ethics, are pending in Puerto Rico and states calculating CLE on a 60-minute hour, and 12 hours of general CLE credit, including 1 hour 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 in the amount of 10.25 hours, of which 1 hour 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 12 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 1 hour of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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 complaints and refunds, 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. For information on tuition assistance, e-mail [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by January 14, 2015. No refunds will be granted after January 14, although substitutions will be allowed. After January 14, 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.
HURRICANE SPONSORS
Charles A. Cuprill PSC Law Offices
C. Conde & Associates
GrayRobinson, P.A.
KRyS Global
McConnell Valdés, LLC
O'Neill & Borges LLC
PRBBA
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.TRADEWIND SPONSORS
BakerHostetler
Bingham Greenebaum Doll LLP
Ferraiuoli LLC
Genovese Joblove & Battista, P.A.
Kobre & Kim LLP
Markowitz Ringel Trusty + Hartog, P.A.
McGlinchey Stafford PLLC
Moore Van Allen
RSM ROC & Company
Solomon Harris
Stichter, Riedel, Blain, & Postler, P.A.
Title XI
WilmerHaleBAHAMA BREEZE SPONSORS
Astigarraga Davis
A&S Consulting Group
EMG Despacho Legal, CRL
Foley & Lardner LLP
FTI Consulting Inc.
GlassRatner Advisory & Capital Group LLC
Holland & Knight LLP
Huron Consulting Group Inc.
KapilaMukamal, LLP
LLM&D, PSC
Medical Card System Corp.
Morrissey, Wilson & Zafiropoulos, LLPRates
Registration Rates* Early Bird
(postmarked by 12/4/15)Regular
(12/5/15-1/15/16)Late
(after 1/16/16)ABI/PRBBA/FBA-PR Member$345$395$445New ABI Member*$620$670$720Govt./Aca. ABI Member$195$245$295New Govt./Aca. ABI Member*$290$340$390* Includes a one-year ABI membership for first-time members only — a $275 value! You must be an ABI, PRBBA or FBA-PR member to attend. ABI membership is individual and nonrefundable. If your membership has expired, choose the member rate and add in your renewal fee.
__ I will attend the Opening Reception.
__ I will bring a guest to the Opening Reception ($50 fee)
__ I will attend the Networking Luncheon (registrants only).
__ I will attend the Friday Networking Reception.
__ I will bring a guest to the Friday Networking Reception ($50 fee)
CLE/CPE Bar No. (circle one) State(s) Payment Information
Questions?
Call ABI at (703) 739-0800, or visit ABI World at www.abi.org. Fax credit card orders to (866) 921-1027, or send completed registration form and payment to: ABI, P.O. Box (Need new address), ATTN: CIS16.
Register online at www.abi.org/events
Event Information 234826
Monday Afternoon, March 14
12:15 p.m.
Registration Opens
Track A: Valuation Fundamentals Workshop
12:50 p.m.
Welcoming Remarks
1:00 - 2:15 p.m. (1.25 hrs.)
Fundamentals of Accounting and Finance for Distressed Companies
This session will cover basic accounting concepts of revenue and expense recognition and will discuss financial statement analysis, financial ratios, and the calculation and forecasting of firm free cash flow in the context of distressed companies.
Prof. Jim Nolen
The University of Texas at Austin, McCombs School of Business; Austin, Texas
2:15 - 2:30 p.m.
Refreshment Break
2:30-3:45 p.m. (1.25 hrs.)
Fundamentals of Valuation and Methodologies
This session will take a look at different valuation techniques, including asset approaches, market approaches and income approaches. Concepts such as time value of money, discounted cash flows, determining the discount rate and cost of capital, and terminal value assumptions will be illustrated. Comparable companies and precedent transactions to establish the relative enterprise and equity value of firms will also be examined and discussed.
Prof. Jim Nolen
The University of Texas at Austin, McCombs School of Business; Austin, Texas
3:45 - 4:00 p.m.
Refreshment Break
4:00 - 5:30 p.m. (1.50 hrs.)
Case Study: An Interactive Negotiation of a Distressed Company Restructuring
This panel will use a case study approach in discussing the restructuring alternatives of a company with multiple debt tranches with mock negotiations between and among a distressed company, its 1st lien lenders, 2nd lien lenders and equity sponsor. The presentation will focus on valuation, the rights, remedies and restrictions of each of the lender groups and the equity sponsor both outside of a bankruptcy and following the commencement of a bankruptcy proceeding, and the impact of debt trading on such negotiations.
Michael Friedman, Moderator
Chapman and Cutler LLP; New York
Larry G. Halperin
Chapman and Cutler LLP; New York
Prof. C. Randel Lewis
University of Denver, Daniels College of Business; Denver
Prof. David C. Smith
University of Virginia, McIntire School of Commerce; Charlottesville, Va.
5:30 - 6:30 p.m.
Opening Networking Reception
Sponsored by Chapman & Cutler LLP and NERA Economic Consulting
Join us for drinks and hors d'oeuvres with faculty and participants.
Track B: Technical Valuation Issues
Sponsored by Berkeley Research Group, LLC and Dorsey & Whitney LLP
Presiding Officer:
Thomas A. Morrow
Director, AIRA; Franklin, Mich.
12:50 p.m.
Welcoming Remarks
1:00 - 2:15 p.m. (1.25 hrs.)
Proper Structuring on the Front End
Gain practical insight for owners, investors, lawyers and financial advisors to properly structure on the front end of a transaction in order to mitigate the risk of a subsequent fraudulent transfer challenge.
David M. Hillman, Moderator
Schulte Roth & Zabel LLP; New York
William Epstein
BRG Capstone; Los Angeles
Andrew N. Goldman
WilmerHale; New York
Yvette Austin Smith
The Brattle Group, Inc.; New York
Steven T. Waterman
Dorsey & Whitney LLP; Salt Lake City
2:15 - 2:30 p.m.
Refreshment Break
2:30 - 3:45 p.m. (1.25 hrs.)
Estimating the Cost of Capital When Determining a Fair Valuation for Solvency Assessments
This session, which is based on real case examples, addresses issues such as capital structure (debtor’s actual vs. industry average), cost of debt (debtor’s actual vs. industry average), and modifications to the CAPM (e.g., size premium).
Roger J. Grabowski ASA
Duff & Phelps Corp.; Chicago
3:45 - 4:00 p.m.
Refreshment Break
4:00 - 5:30 p.m. (1.50 hrs.)
Use of Derivatives and Probabilistic Methods in Bankruptcy, Workouts and Insolvency Matters
Whether it is warrants for junior creditors or equity incentive options for a new management team, derivatives have long played a role in negotiating restructuring outcomes. However, as capital structures have become more complex and stakeholders in distressed companies more sophisticated, derivatives and advanced analytic techniques are playing a larger role in the world of bankrupt and distressed companies. This panel explores theoretical as well as practical issues associated with derivatives and probabilistic methods in a distressed environment, and draws from real-world examples of their increased use in the world of troubled, underperforming and revitalized companies.
Marc Brown, Moderator
AlixPartners, LLP; Chicago
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.); New York
Michael D. Messersmith
Kaye Scholer LLP; Chicago
Faten Sabry
NERA Economic Consulting; New York, NY
5:30 - 6:30 p.m.
Opening Networking Reception
Sponsored by Chapman & Cutler LLP and NERA Economic Consulting
Join us for drinks and hors d'oeuvres with faculty and participants.
Tuesday Morning, March 15
8:00 - 8:45 a.m.
Registration and Networking Breakfast
Sponsored by Pachulski Stang Ziehl & Jones LLP
8:45 - 9:00 a.m.
Welcoming Remarks
9:00 - 10:00 a.m. (1.00 hrs.)
ABI Commission Report: Proposed Amendments and Their Impact on Valuation
This panel will discuss the rationale and practical consequences of the nuanced approach to the often difficult concept of valuation in Chapter 11 taken by the ABI Chapter 11 Commission’s recommendations.
Deborah D. Williamson, Moderator
Dykema Cox Smith; San Antonio
Prof. Michelle M. Harner
University of Maryland Francis King Carey School of Law; Baltimore
Daniel B. Kamensky
Marble Ridge Capital LP
James “Jim” Seery
River Birch Capital, LLC; New York
10:00 - 11:00 a.m. (1.00 hrs.)
Current Issues in Valuing Intellectual Property
New and emerging issues in intellectual property monetization and valuation in and out of bankruptcy court, including recent case updates from Radio Shack, and Facebook; emerging issues on ownership and valuation of social media accounts, and other recent intellectual property valuation issue beyond the basics.
Patricia Baron Tomasco, Moderator
Jackson Walker L.L.P.; Austin, Texas
Brian Blonder
FTI Consulting; Washington, D.C.
David Drews
IPmetrics LLC, San Diego, CA
Gabe Fried
Hilco Streambank; Needham, Mass.
11:00 - 11:15 a.m.
Coffee Break
Sponsored by Development Specialists, Inc.
11:15 a.m. - 12:15 p.m. (1.00 hr.)
Valuation in Municipal Restructurings: Constitutional, Legal and Practical Issues
The Tenth Amendment has been construed to require that a municipality in bankruptcy must maintain control over its assets and revenues, but the Bankruptcy Code requires that the municipality establish that its plan of adjustment is in the best interests of creditors and is feasible. This program will address that conflict and a range of other issues relating to valuation that arise in municipal restructuring cases, including valuing assets such as tax revenues streams, as well as such obligations as bond, pension and health care.
Kenneth A. Buckfire, Moderator
Miller Buckfire & Co. LLC, New York, NY
Bruce S. Bennett
Jones Day; Los Angeles, Ca.
Jose Monge-Robertin
Monge Robertin & Asociados, Inc., Caguas, PR
12:15 - 1:15 p.m.
Adjourn to Luncheon and Keynote Presentation
Tuesday Afternoon, March 15
12:45-1:30 p.m. (.75 hr.)
Luncheon Keynote Presentation
Sponsored by KCC and The Michel-Shaked Group
Detroit Then And Puerto Rico Now: The Similarities and the Differences
The stakeholders in the Puerto Rico debt crisis – the bondholders, the pension creditors, the residents and the politicians - can learn much from the Detroit bankruptcy case. Based on his judicial experience with the Detroit bankruptcy case and his recent work with Puerto Rico, Judge Rhodes will address those lessons and the shared sacrifices that will be required from everyone to give the island a fresh start.
Hon. Steven W. Rhodes, (ret.)
Bankruptcy Judge (Retired); Ann Arbor, Mich.
1:30-1:45 p.m.
Refreshment Break
1:45-3:15 p.m. (1.50 hrs.)
Application of Valuation Principles: Industry Specific Valuation Methods
A discussion of core valuation methodologies and principles, and how those are applied (or should not be applied) to specific business sectors, with specific focus on the shipping industry, the oil and gas industry, and the healthcare industry.
William L. Wallander, Moderator
Vinson & Elkins LLP; Dallas
Joseph A. DiSalvatore
Grant Thornton LLP; New York
Adam Dunayer
Houlihan Lokey; Dallas
Shane P. Goss
Huron Consulting Group LLC
Hon. Mark X. Mullin
U.S. Bankruptcy Court (N.D. Tex.); Fort Worth
3:15-3:30 p.m.
Refreshment Break
Sponsored by Schulte Roth & Zabel LLP
3:30-4:30 p.m. (1.00 hr.)
Valuation of Middle-Market Companies
Robert J. Dehney, Moderator
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Peter S. Kaufman
Gordian Group, LLC; New York
Robert C. Smith
SSG Capital Advisors, LLC; New York, NY
4:30-5:30 p.m. (1.00 hr.)
Valuation and Distressed Investment Strategies
How does valuation factor into successful distressed investment strategies? Are valuations for distressed assets and companies increasingly dependent on an assessment of the underlying hard assets of target companies? How does commodity pricing risk factor in? What happens when valuations in general become too rich for firms to generate returns typically sought by distressed investors? Are distressed investors becoming more opportunistic by looking beyond valuation metrics to enhance returns through advocating legal interpretations in underlying credit documents to support enhanced recoveries? Our roundtable will examine these questions and discuss their views on the outlook for distressed investing in 2016 and beyond.
Jack Butler, Moderator
Hilco Global; Northbrook, Ill.
William Q. Derrough
Moelis & Company, New York, NY
Jeffrey Fitts
Highbridge Capital Management, LLC, New York, NY
Kevin A. Krakora
KPMG LLP , Chicago, IL
Sharon L. Levine
Lowenstein Sandler LLP; Roseland, NJ
5:30-7:00 p.m.
Networking Reception
Sponsored by Huron Consulting Group and Vinson & Elkins LLP
Join us for drinks and hors d'oeuvres with faculty and participants.
Wednesday Morning, March 16
8:00 - 8:30 a.m.
Networking Breakfast
Sponsored by the ABI Financial Advisors and Investment Banking Committee
8:30 - 9:30 a.m. (1.00 hr.)
Judicial Panel
A discussion of current issues of interest to bankruptcy judges and insolvency professionals.
Ron E. Meisler, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP; Chicago
Hon. Bruce T. Beesley
U.S. Bankruptcy Court (D. Nev.); Reno
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Frank J.C. Newbould
Ontario Superior Court of Justice, Commercial List Division , Toronto, ON
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
9:30 - 9:45 a.m.
Coffee Break
9:45-10:45 a.m. (1.00 hr.)
Hot Topics in Valuation
The valuation of bankrupt and financially distressed firms is impacted by many factors including court decisions, changing business models, and macro-economic factors. This panel examines recent developments in these three areas and discusses how they will impact valuation engagements, particularly those performed in the context of litigation or contested matters in the future.
Israel Shaked, Moderator
The Michel-Shaked Group; Boston
Jeffrey L. Jonas
Brown Rudnick LLP; Boston, MA
Allen Pfeiffer
Duff and Phelps, LLC; New York, NY
David W. Prager
Goldin Associates, LLC; New York
10:45-11:45 a.m. (1.00 hr.)
Ethics: Retention and Compensation of Professionals
A discussion of the ethics landscape from the retention application and disclosure requirements, to the decision-making process in undertaking work, recording the time, and contesting/defending the fee application.
Michael P. Richman, Moderator
Hunton & Williams LLP; New York
Edward T. Gavin
Gavin/Solmonese; Wilmington, Del.
William K. Harrington
Office of the U.S. Trustee; New York
Brian M. Resnick
Davis Polk & Wardwell LLP; New York
11:45 a.m.
Adjourn
Conference Co-Chairs
Stephen B. Darr
Huron Consulting Group Inc.; Boston
Jay M. Goffman
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Advisory Board
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP; New York
Evan B. Blum
GlassRatner Advisory & Capital Group LLC; New York
C.J. Brown
PJT Partners Inc.; New York
Jack Butler
Hilco Global; Northbrook, Ill.
R. Brian Calvert
Development Specialists, Inc.; Chicago
Charles W. Carroll
FTI Consulting, Inc.; Dallas
Steve Cimalore
Wilmington Trust; Wilmington, Del.
Robert J. Dehney
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Joseph A. DiSalvatore
Grant Thornton LLP; New York
Paul C. duVair
Corporate Valuation Consulting, LLC; Chicago, IL
Adam Dunayer
Houlihan Lokey; Dallas
Leah M. Eisenberg
Arent Fox LLP; New York
Randall S. Eisenberg
AlixPartners, LLP; New York
Steven Fleming
PwC; New York
Michael Friedman
Chapman and Cutler LLP; New York
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Samuel J. Gerdano
American Bankruptcy Institute; Alexandria, Va.
Andrew N. Goldman
WilmerHale; New York
Marcia L. Goldstein
Weil, Gotshal & Manges LLP; New York
Michael H. Goldstein
Goodwin Procter LLP; New York
David M. Hillman
Schulte Roth & Zabel LLP; New York
Gary T. Holtzer
Weil, Gotshal & Manges LLP; New York
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Peter S. Kaufman
Gordian Group, LLC; New York
Teresa C. Kohl
SSG Capital Advisors, LLC; New York
James M. Lukenda
Huron Consulting Group Inc.; New York
Thomas A. Morrow
AlixPartners, LLP; Southfield, Mich.
Patrick J. Nash Jr.
Kirkland & Ellis LLP; Chicago
Prof. James A. Nolen
University of Texas at Austin, McCombs School of Business; Austin, Texas
Allen Pfeiffer
Duff and Phelps Corp.; Morristown, N.J.
Geoffrey T. Raicht
Proskauer; New York
Brian M. Resnick
Davis Polk & Wardwell LLP; New York
Michael P. Richman
Hunton & Williams LLP; New York
Laureen M. Ryan
Alvarez & Marsal; New York
Faten Sabry
NERA Economic Consulting; New York
James “Jim” Seery
River Birch Capital, LLC; New York
Israel Shaked
The Michel-Shaked Group; Boston
Paul N. Shields
Berkeley Research Group, LLC; Salt Lake City
William S. Sugden
Alston & Bird LLP; Atlanta
Kaaran E. Thomas
McDonald Carano Wilson LLP; Reno, Nev.
Patricia Baron Tomasco
Jackson Walker L.L.P.; Austin, Texas
William L. Wallander
Vinson & Elkins LLP; Dallas
Steven T. Waterman
Dorsey & Whitney LLP; Salt Lake City
Conference Information
Conference 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 and AIRA have arranged a special conference rate of $235 per night from March 13-16, 2016. Reservations must be made directly with the resort prior to February 12, 2016. In order to be eligible for the group rate, reservations may be made only 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 any rooms after the specially rated ABI/AIRA block is filled.
Travel
Air: Fly into McCarran International Airport (LAS).
Ground: Avis car rental discounts are available using Avis Worldwide discount number (J789009). Call (800) 331-1600, or book online at www.avis.com.
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 February 22, 2016. No refunds will be granted after February 22, but substitutions will be allowed. After February 22, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
14.25 hours of general CLE credit, including 1 hour of ethics, are pending in states calculating CLE on a 60-minute hour, and 17 hours of general CLE credit, including 1 hour 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 in the amount of 14.25 hours, of which 1 hour 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 17 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. Up to 17 hours of CPE* credits available – including 1.0 hour of Ethics and up to 16.0 hours of Accounting, are also available. Turnaround Professionals: Certificates of attendance will be available for CPE credits.
*ABI, AIRA and the University of Texas offer 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 and AIRA are registered with the National Association of State Boards of Accountancy (NASBA) as sponsors 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 complaints and refunds, please contact the American Bankruptcy Institute at (703) 739-0800.
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, ABI may allow the individual to work at the 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. Financial assistance is available for this program; all applications for financial assistance must be submitted by January 29, 2016. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].
Major Sponsors
Event Sponsors
Donlin, Recano & Company, Inc.
Morris, Nichols, Arsht & Tunnel LLP
Pachulski Stang Ziehl & Jones LLP
Special Thanks
We extend our special thanks to Charles River Associates for the conference wi-fi , Davis Polk & Wardwell LLP for the conference e-newsletter, Donlin, Recano & Co. for the conference app, East West Bank for the conference lanyards, Gordian Group LLC & Morris, Nichols, Arsht & Tunnell LLP for the cell phone charging station, Grant Thornton LLP for the water bottles, Thomson Reuters for the printed educational materials and Wilmington Trust for the tote bags.
VALCON 2016 Registration Rates
Registration Rates Early
(postmarked by 1/1/16)Regular
(1/2/16-2/19/16)
Late
(after 2/20/16)
ABI/AIRA Member $695 $745 $795 Gov't./Aca./Nonprofit ABI/AIRA Member $345 $395 $445 New ABI/AIRA Member* $970 $1,020 $1,070 Gov't./Aca./Nonprofit New ABI/AIRA Member*
$440 $490 $540 *Includes one-year ABI and AIRA membership for first-time members only — a $590 value! You must be an ABI or AIRA member to attend. Membership is individual and nonrefundable. If your ABI membership has expired, select the member rate below and add in your ABI membership renewal fee.
AIRA Members: Please contact Michael Johnson at 703-739-0800 or at [email protected] to register at the member rate.
Event Information 235335
Thursday, March 31
2:00-5:00 p.m.
Registration Open
2:45-3:00 p.m.
Opening Remarks
3:00-4:00 p.m.
Plenary Session
Technology Tips: Use of Tablets (No, Not the Yellow Kind!) in Court, Documentation & Navigating the ABI Website
Samuel J. Gerdano
American Bankruptcy Institute; Alexandria, Va.
Karim Guirguis
American Bankruptcy Institute; Alexandria, Va.
4:10-5:10 p.m.
Plenary Session
Civility Now: More Than Just the Ethical Practice of Law
Hon. Catherine P. McEwen, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Tara E. Nauful
Adams and Reese LLP; Columbia, S.C.
James Patrick Shea
Armstrong Teasdale LLP; Las Vegas
5:15-6:45 p.m.
Opening Reception
Sponsored by BakerHostetler
7:00-9:30 p.m.
VIP Speaker/Sponsor Dinner (by invitation only)
Friday, April 1
8:00 a.m.-4:30 p.m.
Exhibit Hall Open
8:00-8:30 a.m.
Continental Breakfast
Sponsored by Kozyak Tropin & Throckmorton, LLP
8:30-8:45 a.m.
Welcome by Program Chairs
8:45-10:15 a.m.
Plenary Session
Preparing Corporate and Individual Clients for Bankruptcy - Who's Your Client? Possible Claims against the Person Who Hires you; Partnership and LLC Issues
Jimmy D. Parrish, Moderator
BakerHostetler; Orlando, Fla.
Richard Johnston, Jr.
Johnston Law PLLC; Fort Myers, Fla.
Charles A. Postler
Stichter, Riedel, Blain & Postler, PA; Tampa, Fla.
Patricia A. Redmond
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.; Miami
10:15-10:30 a.m.
Refreshment Break
Sponsored by Anthony & Partners, LLC
10:30 a.m.-12:00 noon
Concurrent Breakouts (2)
Business Session:
Maximizing the Estate: It’s Not Just Avoidance Actions Anymore!
Lara Roeske Fernandez, Moderator
Trenam Law; Tampa, Fla.
Soneet R. Kapila
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Mark S. Mitchell
Rogers Towers, PA; Jacksonville, Fla.
Charles W. Throckmorton
Kozyak Tropin Throckmorton, LLP; Miami
Consumer Session
Special Challenges of Individual Chapter 11s: Not Just Chapter 13’s Older Sibling! What Every Chapter 13 Debtor’s Lawyer Needs to Know
Alberto F. Gomez, Jr., Moderator
Johnson Pope Bokor Ruppel & Burns, LLP; Tampa, Fla.
Sonia Colón
Ferraiuoli LLC; Orlando, Fla.
Stephen R. Leslie
Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.
William L. Norton, III
Bradley Arant Boult Cummings LLP; Nashville, Tenn.
12:00-1:30 p.m.
Paskay Memorial Luncheon and Keynote
Sponsored by Stichter, Riedel, Blain & Postler, PA
Hon. Robert E. Gerber
U.S. Bankruptcy Court (S.D.N.Y.); New York
1:30-1:45 p.m.
Break
1:45-3:00 p.m.
Concurrent Breakouts (2)
Business Session
What Ever Happened to Pre-Packs/Structured Dismissal?; You Can Check In Any Time You Like But Can You Ever Leave? In & Out Quick; Staying Out of Bankruptcy Court: How to Negotiate a Workout Agreement; Pros and Cons of ABC’s
Mark J. Wolfson, Moderator
Foley & Lardner LLP; Tampa, Fla.
Leyza F. Blanco
GrayRobinson, P.A.; Miami
Paul A. Giordano
Roetzel & Andress, LPA; Fort Myers, Fla.
Philip J. von Kahle
Michael Moecker & Associates, Inc.; Hollywood, Fla.
Consumer Session
Do You Want to Know a Secret? Do You Promise Not to Tell? Confidentiality of Personal Data Identifiers: Impact of Foreclosure Firm’s Bankruptcy or ABC; Mailing Lists; Proof of Claim Issues; Consequences of Disclosure
Donald R. Kirk, Moderator
Carlton Fields Jorden Burt; Tampa, Fla.
Lee Ann Bennett
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Guy G. Gebhardt
Office of the U.S. Trustee; Atlanta
Dennis J. LeVine
Kelley Kronenberg; Tampa, Fla.
3:00-3:10 p.m.
Refreshment Break
3:10-4:40 p.m.
Concurrent Breakouts (2)
Business Session
Chapter 11 Pre-Confirmation Issues: Motions to Dismiss — Is Phoenix Piccadilly Still Alive?
Hon. Caryl E. Delano, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Stephanie B. Anthony
Anthony & Partners; Tampa, Fla.
W. Keith Fendrick
Holland & Knight LLP; Tampa, Fla.
David S. Jennis
Jennis & Bowen, P.A.; Tampa, Fla.
Jerry M. Markowitz
Markowitz Ringel Trusty + Hartog, P.A.; Miami
Consumer Session
Consumer Potpourri: Student Loan Discharge, Surrender Issues, Section 109(e); Chapter 13 Plan Modifications
Hon. K. Rodney May , Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Gregory A. Champeau
Johnston Champeau; Fort Myers, Fla.
John D. Eaton
Shawde & Eaton, P.L.; Weston, Fla.
John Rao
National Consumer Law Center; Boston
Wayne Spivak
Chapter 13 Trustee’s Counsel; Orlando, Fla.
4:45-5:45 p.m.
Happy Hour Networking
Sponsored by Trenam Law
Saturday, April 2
8:00-8:30 a.m.
Continental Breakfast
8:30-8:40 a.m.
Opening Remarks
8:45-9:45 a.m.
Plenary Session
Supreme Court Update: Practical Impact of Supreme Court Decisions
Roberta A. Colton, Moderator
Trenam Law; Tampa, Fla.
Hon. Erik P. Kimball
U.S. Bankruptcy Court (S.D. Fla.); West Palm Beach
Hon. K. Rodney May
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Robert A. Soriano
Greenberg Traurig, LLP; Tampa, Fla.
10:00-11:00 a.m.
Concurrent Breakouts (2)
Business Session
Chapter 11 Cramdown Issues: To (b) or Not to (b): The Pros and Cons of the 1111(b) Election
Prof. Jeffrey Davis, Moderator
University of Florida Levin College of Law; Gainesville, Fla.
Richard B. Gaudet
HDH Advisors, LLC; Atlanta
Franklind Davis Lea
Tactical Financial Consulting, LLC; Alpharetta, Ga.
Robert C. Schweitzer
RCS Mediation & Consulting Services LLC; Boca Raton, Fla.
Consumer Session
You Be the Judge! Interactive Evidence for the Consumer Lawyer
Hon. Michael G. Williamson, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Douglas A. Bates
Clark Partington Hart Larry Bond & Stackhouse; Pensacola, Fla.
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Denise D. Dell-Powell
Burr & Forman LLP; Orlando, Fla.
11:00-11:15 a.m.
Refreshment Break
11:15 a.m.-12:15 p.m.
“We Can Go ’Round and ’Round About That…”
Judges’ rapid-fire roundtables on today’s provocative issues, with judges changing tables every 20 minutes.
Jeffrey W. Warren, Moderator
Bush Ross, PA; Tampa, Fla.
Roberta A. Colton
U.S. Bankruptcy Court (M.D. Fla); Orlando
Prof. Jeffrey Davis
University of Florida Levin College of Law; Gainesville, Fla.
Hon. Caryl E. Delano
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Karen S. Jennemann
U.S. Bankruptcy Court (M.D. Fla.); Orlando
Hon. Erik P. Kimball
U.S. Bankruptcy Court (S.D. Fla.); West Palm Beach
Hon. K. Rodney May
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Catherine P. McEwen
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
12:15 p.m.
Adjourn
To view the full program brochure, click here
Judicial Chair
Hon. Caryl E. Delano
Judicial Co-Chair
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. K. Rodney May
Judicial Co-Chair
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Program Chair
Leonard H. Gilbert
Holland & Knight LLP; Tampa, Fla.
Advisory Board
John A. Anthony
Anthony & Partners; Tampa, Fla.
Keith T. Appleby
Hill Ward Henderson; Tampa, Fla.
Paul J. Battista
Genovese Joblove & Battista, PA; Miami
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Andrew M. Brumby
Shutts & Bowen LLP; Orlando, Fla.
Sonia Colón
Ferraiuoli LLC; Orlando, Fla.
Denise Dell-Powell
Burr & Forman LLP; Orlando, Fla.
Lara Roeske Fernandez
Trenam Law; Tampa, Fla.
Larry M. Foyle
Kass Shuler, P.A.; Tampa, Fla.
Paul A. Giordano
Roetzel & Andress, LPA; Fort Myers, Fla.
Elizabeth A. Green
BakerHostetler; Orlando, Fla.
Jordi Guso
Berger Singerman LLP; Miami
David S. Jennis
Jennis & Bowen, P.A.; Tampa, Fla.
Franklind Davis Lea
Tactical Financial Consulting, LLC; Alpharetta, Ga.
Stephen R. Leslie
Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.
Dennis J. LeVine
Kelley Kronenberg; Tampa, Fla.
Courtney McCormick
McGuireWoods LLP
Richard J. McIntyre
McIntyre Thanasides; Temple Terrace, Fla.
Dean Theresa J. Pulley Radwan
Stetson University College of Law; Gulfport, Fla.
Luis E. Rivera, II
Henderson, Franklin, Starnes & Holt, P.A.; Fort Myers, Fla.
Lynn Welter Sherman
Adams and Reese LLP; Tampa, Fla
Robert A. Soriano
Greenberg Traurig, LLP; Tampa, Fla.
J. Ellsworth Summers, Jr.
Rogers Towers, PA; Jacksonville, Fla.
Frank P. Terzo
GrayRobinson, P.A.; Miami
Charles W. Throckmorton
Kozyak Tropin Throckmorton, LLP; Miami
Jeffrey W. Warren
Bush Ross, P.A.; Tampa, Fla.
Steven R. Wirth
Akerman LLP; Tampa, Fla.
To view the full program brochure, click here
Conference Information
Hotel
Set on 10 acres of white-sand beach, the Sheraton Sand Key Resort Clearwater Beach provides everything needed for an unforgettable stay. ABI has arranged a special conference rate of $300 single/double (Standard rooms) per night. Make your reservations by February 29, 2016, to reserve this special rate. ABI cannot guarantee anyone a room after the February 29 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.
The Sheraton Sand Key Resort is sold out. There are several available options nearby, including a Marriott Suites across the street. Please contact Allyson Donohue at [email protected] with any questions.
Continuing Education Credit
12 hours of general CLE credit, including 3.75 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 14 hours of general CLE credit, including 4.5 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 in the amount of 12 hours, of which 3.75 hours 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 14 credit hours, of which 4.5 hours of credit can be applied toward the ethics professionalism requirement. 14 hours of CPE credit, including 4.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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, ABI may allow the individual to work at the registration area for a few hours during attendee check-in, or assist in conference setup. ABI also has reduced rates for government employees, professors, law clerks and students. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800, or 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 March 10, 2016. No refunds will be granted after March 10, but substitutions will be allowed. After March 10, 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.
To view the full program brochure, click here
Premium Sponsors
Anthony & Partners, LLC
Kozyak Tropin & Throckmorton, LLP
Stichter, Riedel, Blain & Postler, PA
Trenam LawSupporting Sponsors
BakerHostetler
Gray Robinson, P.A.
Shumaker, Loop & Kendrick, LLPGeneral Sponsors
KapilaMukamal, LLP
Patron Sponsors
Michael E. Moecker & Associates, Inc.
Special Thanks
We extend our special thanks to Donlin, Recano & Co. for the conference app, Michael E. Moecker & Associates, Inc. for the LIVE@Paskay Daily E-mail, Shumaker, Loop & Kendrick, LLP for the cell-phone charging station, Thomson Reuters for the printed educational materials and Wilmington Trust for the tote bags.
To view the full program brochure, click here
Conference Rates
Registration Rates Early
(postmarked by 1/29/16)Regular
(1/30/16- 2/26/16)Late
(after 2/26/16)ABI Member$365$415$465Govt./Academic/Nonprofit ABI Member$215$265$315New ABI Member*$565$615$665Govt./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 $295 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**$1000New ABI Member Exhibitor Registration****$1,295Additional 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 one-year ABI membership.
Optional Events
Dine-Around DinnerTBDDine-Around DinnerTBDABI 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.
To view the full program brochure, click here
Event Information 235515
Friday, March 11
8:00-9:00 a.m.
Breakfast and Registration
The Advisory Board welcomes you to a complimentary continental breakfast.
9:00-9:15 a.m.
Welcome by Conference Leadership
9:15-10:30 a.m.
Hot Topics in Bankruptcy
This panel will discuss current hot topics in bankruptcy cases, including bankruptcy law developments in entertainment cases, nonprofit education cases, municipalities and other chapter 9 cases, and many more.
Hon. Martin R. Barash, Moderator
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Amir Agam
FTI Consulting, Inc.; Los Angeles
Paul R. Glassman
Stradling Yocca Carlson & Rauth, P.C.; Santa Monica, Calif.
Jennifer L. Nassiri
Venable LLP; Los Angeles
Victor A. Sahn
SulmeyerKupetz, APC; Los Angeles
10:30-10:45 a.m.
Coffee Break
Sponsored by Berkley Research Group
10:45 a.m.-12:00 noon
Concurrent Sessions (2)
An Apple a Day Might Not Keep Bankruptcy Away: Health Care Restructurings
Health care is an industry like few others. To say that the sector is heavily regulated does not do it justice; all aspects of health care delivery in the U.S. fall under arduous and often-overlapping regulatory schemes. This panel will discuss the current economic status of the health care sector, the major issues in a health care restructuring, and current events in health care bankruptcies.
Jeffrey C. Krause, Moderator
Gibson Dunn; Encino, Calif
Robert A. Guy, Jr.
Polsinelli LLP; Nashville, Tenn.
Suzanne Koenig
SAK Management Services, LLC; Northfield, Ill.
Louis E. Robichaux, IV
Deloitte Transactions & Business Analytics LLP; Dallas
The Un-Usual Suspects: Maximizing Value Out of Little-Known Bankruptcy Assets
This panel will discuss “found money assets” — unusual or unknown assets that can be liquidated for the benefit of the estate, including commercial tort litigation/class action participation and unclaimed funds. The panel will also discuss the pros and cons of sales of remnant assets such as aged and written-off A/R, small balance and default judgments from preference claims, trade claims held by the estate, and litigation rights.
Lorie A. Ball
Robins Kaplan LLP; Los Angeles
Peter Kravitz
Province Capital; Las Vegas
Jake Miller
Oak Point Partners Inc.; Chicago
Brad Naso
Melville Capital, LLC; Santa Monica, CA
Judith A. Zahid
Zelle Hofmann Voelbel & Mason LLP; San Francisco
12:00-1:15 p.m.
Luncheon
Sponsored by Loeb & Loeb LLP and Pachulski Stang Ziehl & Jones LLP
Recent Key Issues for the OUST in Bankruptcy Cases
Clifford J. White, III
U.S. Department of Justice; Washington, DC
1:30-2:45 p.m.
Concurrent Sessions (2)
Bankruptcy Without Borders: Chapter 15
In the decade since it was enacted, the courts have had a lot to say about chapter 15. This panel will explore some of the hottest, most heavily litigated chapter 15 topics, including determining the location of a debtor’s center of main interests (COMI) necessary to establish the existence of a foreign main proceeding, whether a debtor must maintain assets in the U.S. as a prerequisite to filing a chapter 15 petition, and public policy considerations. The panel will also discuss the practical implications of enforcing foreign judgments in the U.S. and U.S. judgments in foreign jurisdictions, as well as chapter 15’s emphasis on comity and direct court-to-court communications.
Hon. Louise DeCarl Adler, Moderator
U.S. Bankruptcy Court (S.D. Cal.); San Diego
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Kimberly A. Posin
Latham & Watkins LLP; Los Angeles
Victor A. Vilaplana
Foley & Lardner LLP; San Diego
Everything-Must-Go Sale: The Ins and Outs of Retail Bankruptcies
This panel will discuss a variety of issues that arise in connection with a distressed retailer, including GOB sales, landlord issues and vendor issues.
Jeffrey N. Pomerantz, Moderator
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Erin N. Brady
Jones Day; Los Angeles
Ivan M. Gold
Allen Matkins Leck Gamble Mallory & Natsis LLP; San Francisco
Michael M. Lauter
Sheppard, Mullin, Richter & Hampton LLP; San Francisco
Jeffrey A. Nerland
SierraConstellation Partners LLC; Los Angeles
2:45-3:00 p.m.
Refreshment Break
Sponsored by FTI Consulting Inc.
3:00-4:15 p.m.
Judges’ “Shark Tank” Panel
In a riff on the popular television show “Shark Tank,” bankruptcy practitioners will pitch arguments of several commercial and consumer hot-button issues to a panel of judicial “sharks.”
Judges:
Hon. Louise DeCarl Adler
U.S. Bankruptcy Court (S.D. Cal.); San Diego
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Hon. Sheri Bluebond
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Panelists:
J. Scott Bovitz
Bovitz & Spitzer; Los Angeles
Sara L. Chenetz
Perkins Coie LLP; Los Angeles
David M. Guess
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Gary E. Klausner
Levene, Neale, Bender, Yoo & Brill, LLP; Los Angeles
Steven K. Kortanek
Drinker Biddle & Reath LLP; Wilmington, Del.
Brian K. Osborne
Rust Omni; Woodland Hills, Calif.
4:15-6:00 p.m.
Reception
Sponsored by AlixPartners LLP
Conference Co-Chairs
Shirley S. Cho
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Eve H. Karasik
Levene, Neale, Bender, Yoo & Brill, L.L.P.; Los Angeles
Kimberly A. Posin
Latham & Watkins LLP; Los Angeles
Judicial Chair
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Advisory Board
Lorie A. Ball
Robins Kaplan LLP; Los Angeles
David P. Benick, ASA
Gavin/Solmonese LLC; New York
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Erin N. Brady
Jones Day; Los Angeles
Richard W. Brunette
Sheppard, Mullin, Richter & Hampton LLP; Los Angeles
Sara L. Chenetz
Perkins Coie LLP; Los Angeles
Dawn M. Cica
Fox Rothschild, Las Vegas
A. Kyle Everett
Development Specialists, Inc.; Los Angeles
Paul R. Glassman
Stradling Yocca Carlson & Rauth, P.C.; Santa Monica
Eric D. Goldberg
DLA Piper; Los Angeles
Richard H. Golubow
Winthrop Couchot PC; Newport Beach, Calif.
David M. Guess
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Jennifer Hayes
Dentons; San Francisco
Tiffany Ikeda
Arnold & Porter LLP; Los Angeles
Lance J. Jurich
Loeb & Loeb LLP; Los Angeles
Thomas R. Kreller
Milbank, Tweed, Hadley & McCloy LLP; Los Angeles
Winston Mar
SierraConstellation Partners LLC; Los Angeles
Cynthia A. Nelson
FTI Consulting, Inc.; Los Angeles
Aram Ordubegian
Arent Fox LLP; Los Angeles
Brian K. Osborne
Rust Omni; Woodland Hills, Calif.
Keith C. Owens
Venable LLP; Los Angeles
Victor A. Sahn
SulmeyerKupetz, APC; Los Angeles
Timothy G. Skillman
Deloitte CRG; Los Angeles
Allen Soong
Deloitte CRG; Los Angeles
Randye B. Soref
Polsinelli LLP; Los Angeles
Christopher D. Sullivan
Diamond McCarthy LLP; San Francisco
Victor A. Vilaplana
Foley & Lardner LLP; San Diego
Genevieve G. Weiner
Gibson, Dunn & Crutcher LLP; Los Angeles
Conference Information
Accomodations
The conference will be held at the JW Marriott Los Angeles L.A. LIVE located at 900 West Olympic Boulevard, Los Angeles, California. Reservations may be made by calling the hotel directly at (213) 765-8600.
Continuing Education Credit
5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 6 hours of general CLE credit 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 in the amount of 5 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 6 hours of credit, which can be applied toward professional practice. 6 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees have some 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 complaints and refunds, 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. 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 February 19, 2016. No refunds will be granted after February 19, but substitutions will be allowed. After February 19, 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.
Breakfast Sponsor
2016 Bankruptcy Battleground West Advisory Board
General Sponsors
AlixPartners LLP
Berkley Research Group
Deloitte CRG
Development Specialists, Inc.
East West Bank
FTI Consulting, Inc.
Gibson, Dunn & Crutcher LLP
Loeb & Loeb LLP
Pachulski Stang Ziehl & Jones LLP
Robins Kaplan LLP
Winthrop Couchot PCSpecial Thanks
We extend our special thanks to Deloitte CRG for the Pocket Agenda, East West Bank for the cell phone charging station, Thomson Reuters for the printed educational materials, Wilmington Trust for the tote bags and Winthrop Couchot PC for cell phone charging station.
2016 Bankruptcy Battleground West Rates
Registration Rates Early
(postmarked by 1/22/16)Regular
(1/23/16 - 2/26/16)Late
(after 2/26/16)ABI Member $445 $495 $545 Gov’t./Aca./Nonprofit ABI Member
$225 $275 $325 New ABI Member* $720 $770 $820 Gov’t./Aca./Nonprofit New ABI Member*
$320 $370 $420 * Includes a one-year ABI membership for first-time members — a $295 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI member to attend the conference.
Event Information 236051
Thursday, April 14
8:00 a.m.
Optional Event
Westfields Golf Club
9:00 a.m.-5:00 p.m.
ABC Exams
3:00-5:00 p.m.
Optional Event
Blowout Bar Salon: Perfect Hair and Networking [for Women]
3:00-5:00 p.m.
Optional Event
The Grooming Lounge: Hot Shave and Networking [for Men]
5:00-8:00 p.m.
Exhibit Hall Open
5:00-6:00 p.m.
Emerging Leaders and Judges’ Roundtable Reception
6:00-8:00 p.m.
Opening Reception at Old Ebbitt Grill
Friday, April 15
8:00-8:30 a.m.
Hot Breakfast
8:30-9:55 a.m.
20th Annual Great Debates
Douglas E. Deutsch, Moderator
ABI Vice President-Education
Chadbourne & Parke LLP; New YorkResolved: Negative-notice procedure is sufficient to establish consent under § 363(f).
Resolved: Actual fraud under § 523(a)(2)(A) is limited to misrepresentation.
10:00 a.m.-12:30 p.m.
Optional Event
Guided Segway Tour of DC
10:00-11:00 a.m.
Committee Educational Sessions (3)
Secured Credit/Financial Advisors
Legal and Practical Issues Involving Secured Creditors and the Retention of Financial Advisors
Mediation/Bankruptcy Litigation
War and Peace: A Roundtable Discussion of Recent Trends and Hot Topics in Bankruptcy Litigation and Mediation
Commercial Fraud/International
People and Assets on the Move Overseas: What You Need to Know to Hold Everything Still and Seize the Assets
11:00-11:30 a.m.
Coffee Break
11:30 a.m.-12:30 p.m.
Concurrent Sessions (4)
Understanding D&O Policy Issues in Bankruptcy
Scott A. Wolfson, Moderator
Wolfson Bolton PLLC; Troy, Mich.
T. Scott Avila
Deloitte CRG; Los Angeles
Robert J. Feinstein
Pachulski Stang Ziehl & Jones LLP; New York
Jason D. Horwitz
JLT Specialty Insurance Services Inc.; Chicago
A Primer on Dealing with Fee Examiners
Van C. Durrer, II, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP; Los Angeles
Robert J. Keach
Bernstein Shur; Portland, Maine
Prof. Nancy B. Rapoport
University of Nevada William S. Boyd School of Law; Las Vegas
John F. Theil
Stuart, Maue, Mitchell & James, Ltd.; Bridgeton, Mo.
Baha Mar’s Dismissal, and Everything Else New and Exciting in Chapter 15 Cases
Corinne Ball, Moderator,/p>
Jones Day; New York
Daniel M. Glosband
Goodwin Procter LLP; Boston
Annerose Tashiro
Schultze & Braun GmbH; Achern, Germany
Consumer Tax Toolbox
Lesley J. Johnson
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Prof. Jack F. Williams
Georgia State University; Atlanta
12:30-2:15 p.m.
Luncheon
Featuring Keynote by Chris Wallace
Award-Winning Journalist and Host of “Fox News Sunday”
2:30-3:45 p.m.
Concurrent Sessions (3)
Best Practices: Bringing and Defending Fraudulent Conveyance Claims
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP; New York
Michael L. Bernstein
Arnold & Porter LLP; Washington, D.C.
Mark M. Maloney
King & Spalding LLP; Atlanta
Edward S. Weisfelner
Brown Rudnick LLP; New York
The E&P Industry: Have All the Shoes Now Dropped?
Charles A. Beckham, Jr., Moderator
Haynes and Boone, LLP; Houston
John-Paul Hanson
Houlihan Lokey; New York
Jonathan A. Mitchell
Zolfo Cooper; New York
Rebecca A. Roof
AlixPartners, LLP; New York
What Is the CFPB, and Why Do I Care?
Alane A. Becket
Becket & Lee, LLP; Malvern, Pa.
Jon T. Pearson
Ballard Spahr LLP; Philadelphia
3:45-4:15 p.m.
Networking Reception
4:15-5:15 p.m.
Plenary Session
Bankruptcy Judge Squares: The Supreme Court Edition
5:15-6:15 p.m.
ABI Happy Hour
6:00-7:00 p.m.
Optional Event
Women’s Networking Reception
7:30-10:00 p.m.
Optional Event
Washington Ballet at the Kennedy Center
Saturday, April 16
8:00-8:30 a.m.
Hot Breakfast
8:30-9:30 a.m.
Committee Educational Sessions (3)
Consumer Bankruptcy/Health Care
Who Pays the Price for Health Care Insolvencies: the Consumer, the Vendors or the Public at Large?
Ethics/Professional Compensation/Unsecured Trade Creditors
Beware of the Traps: Ethical and Fiduciary Issues for Committee Members and Professionals
Real Estate/Bankruptcy Taxation
Hospitality and the Tax Man: Historical Hospitality Tax Issues in Distress
9:30-10:00 a.m.
Coffee Break
10:00-11:15 a.m.
Concurrent Sessions (3)
The Good, The Bad and The Ugly: Confirmation Standards
Kim Martin Lewis, Moderator
Dinsmore & Shohl LLP; Cincinnati
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
David M. LeMay
Chadbourne & Parke LLP; New York
Everything You Need to Know About Liquidating Chapter 11 Plans
Richard S. Lauter, Moderator
Freeborn & Peters LLP; Chicago
Derek C. Abbott
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
John B. Pidcock
Conway MacKenzie, Inc.; Dayton, Ohio
Bradley D. Sharp
Development Specialists, Inc.; Los Angeles
Thorny Ethical Issues for Consumer Attorneys
Carolyn A. Bankowski, Moderator
Office of the Chapter 13 Trustee; Boston
O. Max Gardner, III
Max Gardner Law PLLC; Shelby, N.C.
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Manchester
11:15 a.m.-12:30 p.m.
Committee Educational Sessions + Concurrent Session (1)
Asset Sales/Labor & Employment
Labor Issues in 363 Sales: Things You Need to Know
Business Reorganization/Legislation
Public Securities and the Bankruptcy Plan Process: What Not to Do
The Individual Chapter 11 Study’s Findings, Conclusions and Possible Recommendations
C.R. “Chip” Bowles
Bingham Greenebaum Doll LLP; Louisville, Ky.
Prof. Margaret Howard
Washington & Lee Law School; Lexington, Va.
Prof. Richard M. Hynes
University of Virginia; Charlottesville, Va.
Prof. Anne Lawton
Tiverton, R.I.
David P. Leibowitz
Lakelaw; Chicago
12:30-2:00 p.m.
Optional Luncheon
Dialogue led by former ABI Presidents
2:15-3:30 p.m.
Concurrent Sessions (2)
Consumer Bankruptcy Law Update
Deborah B. Langehennig
Chapter 13 Trustee; Austin, Texas
Ronald R. Peterson
Jenner & Block LLP; Chicago
Business Bankruptcy Law Update
Mark Desgrosseilliers
Womble Carlyle Sandridge & Rice, LLP; Wilmington, Del.
W. Timothy Miller
Taft Stettinius & Hollister LLP; Cincinnati
3:30-4:00 p.m.
Wine & Cheese Reception
4:00-5:00 p.m.
Plenary Session
Technology/Intellectual Property/Young and New Members
Crossing the Digital Divide: How to Use Social Media to Augment Your Practice
7:00-9:00 p.m.
Live from ABI: It’s Saturday Night!
Featuring SNL Alum Darrell Hammond
Food Stations, Bars and Time to Network
Sunday, April 17
8:30-9:00 a.m.
Hot Breakfast
9:00-10:00 a.m.
Plenary Session
Judges Hot Topics
Hon. Michael A. Fagone
U.S. Bankruptcy Court (D. Maine); Portland
Hon. Robert E. Gerber
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Deborah L. Thorne
U.S. Bankruptcy Court (N.D. Ill.); Chicago
10:00-10:15 a.m.
Break
10:15-11:45 a.m.
Plenary Session
Ethics and Civility in Bankruptcy Practice
Richard M. Meth
Fox Rothschild LLP; Roseland, N.J.
Edward J. Nazar
Hinkle Law Firm LLC; Wichita, Kan.
11:45 a.m.
Adjourn
Conference Information
Hotel Accommodations
Treat yourself to refined sophistication at the JW Marriott in Washington, D.C. Located in the heart of the city’s downtown district, just steps from the White House and near the National Mall, our hotel greets you with quiet sophistication and carefully chosen amenities, designed to make your stay as relaxing as possible. ABI has arranged for a special conference rate of $345 a night. Reservations must be made by March 11, 2016, to secure the special conference rate. Reservations may be made only 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-serve basis. ABI cannot guarantee anyone a room after the special-rated ABI block is filled.
Conference Attire
Professional business attire is requested throughout conference.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by March 24, 2016. No refunds will be made if notice is received after March 24, although substitutions will be allowed. After March 24, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
16.25 hours of general CLE credit, including 3.75 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 19.5 hours of general CLE credit, including 4 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 in the amount of 16.25 hours, of which 3.75 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 19.5 credit hours, of which 4 hours of credit can be applied toward the ethics professionalism requirement. 19.5 hours of CPE credit, including 4 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. For information on tuition assistance, send an e-mail to [email protected].
Optional Events
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its Business Bankruptcy, Consumer Bankruptcy and Creditors’ Rights Exams at the JW Marriott on Thursday, April 14, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing [email protected] or by visiting the ABC Website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
Golf Tournament at Laurel Hill Golf Club
Thursday, April 14, 8:00 a.m.
Join your colleagues for the 7th Annual Golf Tournament at the Annual Spring Meeting! The $125-per-player fee includes round-trip transportation, breakfast, cart rental, prizes and tournament fee. Please check the appropriate box on the registration form, and indicate your handicap.
Blowout Bar Salon: Perfect Hair and Networking [for Women]
Thursday, April 14, 3:00-5:00 p.m.
No cuts. No color. Just blowouts! Sip champagne, get pampered and get ready for the Opening Reception with your colleagues at this private event. Cost is $75 per person. Please mark the appropriate box on the registration form.
The Grooming Lounge: Hot Shave and Networking [for Men]
Thursday, April 14, 3:00-5:00 p.m.
Enjoy a hot-lather shave, a signature service that features steaming towels, foaming lather, a shave with a triple-blade razor and a soothing face massage. Cost is $65 per person. Please mark the appropriate box on the registration form.
Guided Segway Tour of DC
Friday, April 15, 10:00 am – 12:30 p.m.
Have you ever tried to walk some the National Mall’s best memorials: the Jefferson, the Lincoln, the Franklin Roosevelt, the Vietnam Veterans? It can take an entire day, if not more! This Monuments and Memorials Segway Tour makes it possible to visit them all in just a couple of hours. Cost is $85 per person. Please mark the appropriate box on the registration form.
Women’s Networking Reception
Friday, April 15, 6:00-7:00 p.m.
Join your fellow ABI members for a reception and conversation about common issues facing today’s women in the restructuring industry. Tickets are $50 per person. Please check the appropriate box on the registration form.
Washington Ballet at the Kennedy Center: Orff’s Carmina Burana and Balanchine’s Theme and Variations
Friday, April 17, 7:30-10:00 p.m.
Carmina Burana is a modern dance reinterpretation of Orff’s strong rhythmic and stylistic musical variations, while Theme and Variations is an intimate work celebrating classical ballet at its most magnificent. Box seats have been reserved at $140 per person and do not include transportation. Please check the appropriate box on the registration form.
Saturday Luncheon
Saturday, April 16, 12:30-2:00 p.m.
Tickets to the luncheon are $75 per person; please check the appropriate box on the registration form.
Live from ABI: It’s Saturday Night! An Evening with Darrell Hammond from “Saturday Night Live”
Saturday, April 16, 7:00-9:00 p.m.
Join your colleagues for dinner and an evening of comedic entertainment from SNL alum Darrell Hammond! A cast member from 1995-2009 — the longest tenure of any SNL cast member — Hammond was one of the sketch TV show’s strongest and funniest performers, winning over audiences with dead-on impersonations of various celebrities and Hollywood figures, such as Vice Presidents Dick Cheney and Al Gore, President Bill Clinton, “Hardball with Chris Matthews” host Chris Matthews, Sean Connery, Regis Philbin, Donald Trump and many more. Cost is $105 per attendee, $125 for guests; please check the appropriate box on the registration form.
Sponsorship Opportunities
To get the information about Sponsorship Opportunities please click here (PDF file) or email Sharisa Sloan.
2016 ASM conference pricing
Early Bird
(postmarked by 1/29/16)Regular
(1/30/16-03/25/16)Late
(after 3/25/16)ABI Member$975$995$1,095New ABI Member*$1,250$1,270$1,370Gov’t./Aca. ABI Member$345$395$445New Gov’t./Aca. ABI Member*$440$490$540Optional Events
Golf Tournament:
$125Blowout Bar Salon:$75Grooming Lounge:$65Opening Reception(attendee):
Opening Reception Guest:
Free
$75
DC Segway Tour:$85Friday Luncheon (Attendee):FreeWomen’s Networking Reception:$50Washington Ballet at the Kennedy Center:$140Saturday Luncheon:$75Live From ABI It’s Saturday Night Attendee:$105Live From ABI It’s Saturday Night Guest:$125Event Information 236890
Thursday, May 5
11:00 a.m.
Golf
Golf Carts Sponsored by Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
As the #1 golf course in Connecticut, the Rees Jones-designed North Course at Lake of Isles challenges players with more than 7,300 yards of manicured fairways and greens. Five sets of tees at each hole give golfers of all skill levels a chance to score. 11:30 a.m. shotgun start; includes a boxed lunch.
1:30 p.m.
Golf Clinic
This two-hour golf clinic with the Golf Academy PGA Professionals will include one hour of full swing and one hour of short game. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
6:00 p.m.
Cocktail Reception
Sponsored by Capital Business Credit
Friday, May 6
8:00-9:00 a.m.
Continental Breakfast
9:00-9:15 a.m.
Opening Remarks
Sponsored by Ares Management, L.P.
9:15-10:30 a.m.
Sponsored by Arent Fox LLP
Views from the Bench
Leading judges from four circuits will discuss cutting-edge bankruptcy and restructuring issues, developing or changing bankruptcy jurisprudence, and practice tips and advice on recent trends.
Leah Eisenberg, Moderator
Arent Fox LLP; New York
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Rosemary M. Gambardella
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Ann M. Nevins
U.S. Bankruptcy Court (D. Conn.); Hartford
Hon. Alan S. Trust
U.S. Bankruptcy Court (E.D.N.Y.); Central Islip
Richard E. Mikels, Facilitator
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; Boston
10:30-10:45 a.m.
Networking Break
Sponsored by RJ Reuter Business
10:45-12:15 a.m.
Lenders Presentation
Our Lenders' Panel will feature representatives from specialty, large and small private finance companies, bank and non bank lenders, second lien and unitranche lenders, equipment and term debt only lenders, distressed debt buyers, traditional and non-traditional factors, regional, super regional and the powerhouse money center banks. The fast paced and enlightened presentations will focus on the lender's economic outlook, the deals they are doing and perhaps more to the point, the deals they aren’t doing. This format is sure to keep your interest as we’ll float 25 lenders across the stage in just under an hour!
12:15 p.m.
Closing Remarks/Adjourn
Conference Information
Hotel
Foxwoods Resort Casino is one of the premier hotel, gaming, shopping and entertainment destinations in the Northeast. Foxwoods features a vast array of gaming in six casinos, AAA Four-Diamond hotels, restaurants from gourmet to express, world-renowned spas, awarding-winning golf, state-of-the-art theaters and exclusive retailers. The resort is within an hour’s drive of Providence, R.I., and Hartford and New Haven, Conn., and just over 90 minutes from Boston. New York is little more than two hours away. A special conference rate of $139 single/double has been arranged from May 4-6, 2015. Make your reservations by April 13, 2016, to reserve this special rate. You can make your reservation online at https://resweb.passkey.com/go/newyorkinstitute2016, or by calling (800) 369-9663 and using group code NYIC16. ABI cannot guarantee anyone a room after the April 13 cut-off or after the specially rated ABI block has been filled.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 14, 2016. No refunds will be granted after April 14, but substitutions will be allowed. After April 14, 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 Credit
2.75 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 3 hours of general CLE credit 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 in the amount of 2.75 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 3 credit hours, which can be applied toward professional practice. 4 hours of CPE credit and 4 hours of CTP (Certified Turnaround Professional) credit are also available.
* ABI offers intermediate-level courses, which assume that attendees have some 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 complaints and refunds, 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. For information on tuition assistance, send an e-mail [email protected].
Symposium Rates
Early Early Bird!
(1/19/16-2/19/16)Early
(2/20/16-3/25/16)Regular
(3/26/16-5/4/15)On-Site
(5/5-5/6)ABI/TMA/NYIC Member$250$275$320$365Non-Member$295$320$365$410Guest*$125$125$125$125Exhibitor***$500$500$500$500Optional Events
Early Early Bird!
(1/19/16-2/19/16)Early
(2/20/16-3/25/16)Regular
(3/26/16-5/4/15)On-Site
(5/5-5/6)Golf$225$225$225$225Golf Clinic**$165$165$165$165Exhibitor Rates
Exhibitor Registration*$425* Includes one 6’ table and full registration for one booth representative.
* A “GUEST” IS 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..
** This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
*** Includes registration for the Symposium.
Use Coupon Code: CBSSAVE to enjoy Early, Early Bird savings until February 19th!
Event Information 237301
Thursday, May 12
7:30 a.m.
Registration Desk Open
7:30- 8:30 a.m.
Continental Breakfast
8:30-8:45 a.m.
Conference Chairs’ Welcome
8:45-9:30 a.m.
Plenary Session
Judges’ Roundtable on Selected Current Topics, Featuring Judges of S.D.N.Y.
9:30-9:45 a.m.
Refreshment Break
9:45-11:00 a.m.
Concurrent Sessions (6)
Cross-Border Bankruptcy Issues
This panel will present a review of the current state of the law as to when a foreign entity can file a main proceeding vs. an ancillary proceeding in bankruptcy court, what interest is sufficient for a main or ancillary proceeding, cross-border insolvency protocols, challenges faced by foreign representatives (Octaviar, Rede Energia; Baha Mar, Fairfield), COMI (OAS S.A., Suntech), conflicts of law in fraudulent transfer litigation, recognition of foreign judgments in U.S. proceedings, and dealing with foreign boards or administrators of parents or subsidiaries.
Lisa M. Schweitzer, Moderator
Cleary Gottlieb Steen & Hamilton LLP
Daniel Ehrmann
King Street Capital Management LP
Robin E. Keller
Hogan Lovells US LLP
Hon. Allan L. Gropper (ret.)
U.S. Bankruptcy Court (S.D.N.Y.)
Private-Equity Sponsors in Bankruptcy: From Innkeepers and Dynegy to Energy Future and Caesars
What are the strategies of private-equity sponsors seeking to retain control (or at least a stake) through the bankruptcy process? How do they retain counsel and manage conflicts? What strategies are they using to preserve their interests? What risks do they undertake? This panel will discuss these issues and more.
Timothy Graulich, Moderator
Davis Polk & Wardwell LLP
Paul M. Basta
Kirkland & Ellis LLP
Mark Kronfeld
Plymouth Lane Capital Management, LLC
Hon. Arthur J. Gonzalez (ret.)
New York University School of Law
How to Value Debt
Valuation panels have generally focused on how to value debtors and their stock. But what about valuing debt, the other form of consideration that is generally issued under a bankruptcy plan? The session will discuss coverage ratios and other credit metrics, comparability, the impact of covenants and other terms, credit reporting and rating, and more.
Sandeep Qusba, Moderator
Simpson Thacher & Bartlett LLP
Alex Klipper
Bank of America
Marc D. Puntus
Centerview Partners
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.)
Fraudulent Transfer Litigation.
This panel will focus on recent litigation regarding actual vs. constructive fraud, how to plead and prove actual intent (Lyondell), the anticipated Second Circuit decision on safe harbors, etc., “fraudulent spin-off” cases (Tronox, Chemours, Paragon Offshore) and conflict-of-law issues.
Edward S. Weisfelner, Moderator
Brown Rudnick LLP
Susheel Kirpalani
Quinn Emanuel Urquhart & Sullivan, LLP
Joel H. Levitin
Cahill Gordon & Reindel LLP
Leon Szlezinger
Jefferies & Co.
Hon. James L. Garrity
U.S. Bankruptcy Court (S.D.N.Y.)
Recent Issues in Plan Confirmation.
The panel will discuss recent decisions on cramdowns, gifting, equitable mootness and structured dismissals (Jevic), statutory subordination (American Housing Foundation), nonconsensual releases (Seaside Engineering), plan modification (SCH Corp.) and impairment, what happens when the debtor is not required to pay the contractual rate of interest on unsecured notes (EFH), post-petition interest (what is the federal judgment rate if a contract rate does not apply?), and the scope of § 524(e).
Richard B. Levin, Moderator
Jenner & Block
Mark A. McDermott
Skadden, Arps, Slate, Meagher & Flom LLP
Barbra R. Parlin
Holland & Knight LLP
Hon. Stuart M. Bernstein
U.S. Bankruptcy Court (S.D.N.Y.)
The Changing Retail Environment and Restructuring Consequences.
How are retail bankruptcies conducted today vs. 10+ years ago? How are future retail bankruptcies likely to look? What are the macro trends in retail, and what are the consequences of traditional brick-and-mortar retail? What will be the dominant types(s) of retail platform(s), and who will be buying or investing in retail assets? This session will cover IP and other technology issues (valuation, liens on IP), lease issues, privacy issues, credit cards and gift cards.
David M. Posner, Moderator
Kilpatrick Townsend & Stockton LLP
Holly Felder Etlin
AlixPartners, LLP
Kenneth A. Rosen
Lowenstein Sandler LLP
Mark Weinsten
FTI Consulting, Inc.; Boston
Hon. Nancy Hershey Lord
U.S. Bankruptcy Court (E.D.N.Y.)
11:00-11:15 a.m..
Refreshment and Networking Break
Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP
11:15 a.m.-12:30 p.m.
Repeat Concurrent Sessions (6)
Cross-Border Bankruptcy Issues
Lisa M. Schweitzer, Moderator
Cleary Gottlieb Steen & Hamilton LLP
Brian S. Perkinson
KRyS Global
Arthur J. Steinberg
King & Spalding
Hon. Allan L. Gropper (ret.)
U.S. Bankruptcy Court (S.D.N.Y.)
Private-Equity Sponsors in Bankruptcy: From Innkeepers and Dynegy to Energy Future and Caesars
Timothy Graulich, Moderator
Davis Polk & Wardwell LLP
Ronen A. Bojmel
Guggenheim Partners, LLC
Richard G. Mason
Wachtell, Lipton, Rosen & Katz
Ray C. Schrock
Weil, Gotshal & Manges LLP
Hon. Arthur J. Gonzalez (ret.)
New York University School of Law
How to Value Debt
Sandeep Qusba, Moderator
Simpson Thacher & Bartlett LLP
Zul Jamal
Moelis & Company
Robert S. Kost
Goldin Associates, LLC
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.)
Fraudulent Transfer Litigation
Edward S. Weisfelner, Moderator
Brown Rudnick LLP
Mark A. Broude
Latham & Watkins LLP
John D. Penn
Perkins Coie LLP
Hon. James L. Garrity
U.S. Bankruptcy Court (S.D.N.Y.)
Recent Issues in Plan Confirmation
Richard B. Levin, Moderator
Jenner & Block
Evan C. Hollander
Arnold & Porter LLP
Jeffrey S. Sabin
Venable LLP
Hon. Stuart M. Bernstein
U.S. Bankruptcy Court (S.D.N.Y.)
The Changing Retail Environment and Restructuring Consequences
David M. Posner, Moderator
Kilpatrick Townsend & Stockton LLP
William H. Henrich
Getzler Henrich & Associates LLC
Paul D. Leake
Jones Day
Mark Weinsten
FTI Consulting, Inc.; Boston
Hon. Nancy Hershey Lord
U.S. Bankruptcy Court (E.D.N.Y.)
12:30-1:30 p.m.
Buffet Lunch
Sponsored by Grant Thornton LLP
1:30-2:30 p.m.
Plenary Panel
How Can Puerto Rico Restructure Its Debt Obligations and Return Its Economy to Growth?
The panel will discuss how Puerto Rico can implement economic growth and fiscal stability measures and right-size its debt obligations, and the legal, political and financial tools that can be used to achieve an optimal outcome for Puerto Rico and its people, businesses and creditors.
James E. Millstein, Moderator
Millstein & Co.; Washington, D.C.
Thomas Moers Mayer
Kramer Levin Naftalis & Frankel LLP
Brad W. Setser
Greenberg Center for Geoeconomics
2:45-4:00 p.m.
Concurrent Sessions (6)
Restructuring and Plan-Support Agreements, and Other Trends in Out-of-Court Restructurings
This session will cover why some out-of-court restructurings fail (EFIH, Walter) while others succeed, MNPI, trading and disclosure issues, no-shop provisions, holdouts and free-riders, and Trust Indenture Act issues.
Brett H. Miller, Moderator
Morrison & Foerster LLP
Kelley A. Cornish
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Marc J. Heimowitz
Claren Road Asset Management
Hon. Michael E. Wiles
U.S. Bankruptcy Court (S.D.N.Y.)
Multiple Debtors: Best Practices for Corporate Governance in Multi-Debtor Cases
This panel will discuss how to make sure management (and the board) plays the role of neutral stakeholder throughout a plan and/ or § 363 process. Can the same board and management team truly represent the interests of stakeholders of BOTH a corporate parent and its subsidiaries? What if there are dozens of affiliates whose creditors have disparate interests? Why is the issue of corporate separateness (and related conflicts) overlooked in some multiple-debtor cases, but addressed in others? What are the pros and cons of various tools for addressing potential conflicts? Who should investigate when issues are raised about the validity of intercompany debt, the reasonableness of cost allocations, the ownership of intellectual property and the potential for fraudulent conveyance claims among debtors? Examples discussed may include Nortel, Caesars, EFH, Lehman, Tribune and others.
Lisa G. Beckerman, Moderator
Akin Gump Strauss Hauer & Feld LLP.
Martin J. Bienenstock
Proskauer
Nancy A. Mitchell
Greenberg Traurig, LLP
J. Scott Victor
SSG Capital Advisors, LLC
Hon. Robert E. Gerber (ret.)
U.S. Bankruptcy Court (S.D.N.Y.)
Bankruptcy Litigation Panel
This panel will focus on three current topics: (1) discovery, with an emphasis on the impact of the new federal discovery rules regarding “proportionality”; recent developments in e-discovery, including questions of possession, custody and control in discovery disputes; the Model Protocol for Discovery of Electronically Stored Information (ESI); and limitations on e-discovery (ResCap); (2) litigating with “common interests,” covering all about what a “common interest” is, whether an agreement is needed and court approval should be sought, the limits compared to attorney/client and work-product privileges, whether “common interests” can cease, and what happens if they do; and (3) STN and 9019s, discussing how 9019 has grown since STN into a tool for resolving potential litigation during a bankruptcy proceeding, who is allowed to settle, exclusive rights to settle, when a committee with a right to prosecute can settle with a debtor and others (Lyondell, Sabine), and whether 9019 in the context of confirmation is any different (NII Holdings, Adelphia).
Michael Luskin, Moderator
Luskin, Stern & Eisler LLP
Phil Bentley
Kramer Levin Naftalis & Frankel LLP
Karin Scholz Jenson
Baker Hostetler
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.)
Flashpoints for Intercreditor Disputes
What happens after a successful credit bid? This panel will discuss the scope of § 363 sale orders and whether they should or even can address intercreditor issues, corporate governance and funding issues, unitranche deals, the difference in protections between an Agreement Among Lenders and an Intercreditor Agreement, the Radio Shack intercreditor adversary proceeding, § 1111(b) elections (Baker Hughes), adequate protection (In re Chardon) and lien-stripping (Caulkett).
Glenn E. Siegel, Moderator
Morgan, Lewis & Bockius LLP
William A. Brandt, Jr
Development Specialists, Inc.
Kristopher M. Hansen
Stroock & Stroock & Lavan LLP
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.)
Current Issues in the Energy Sector
How are cash-collateral orders and adequate-protection packages being fashioned in E&P bankruptcies, and what intercreditor issues can arise as a result? This panel will discuss questions relating to lender collateral that may surface in E&P cases, such as (1) the absence of blanket liens, liens on reserves and cash as security; (2) the impact of state law defining property rights in such assets as royalty streams and leasehold interests; and (3) contract interpretation issues involving prepayment agreements and other arrangements. The panel will also discuss E&P valuation issues and their relationship to the commodity pricing cycle, as well as environmental obligations and pension/OPEB issues (e.g., Peabody).
Dennis F. Dunne, Moderator
Milbank, Tweed, Hadley & McCloy LLP
Mitchell C. Fane
Ernst & Young LLP
Ira L. Herman
Thompson & Knight LLP
Daniel B. Kamensky
Marble Ridge Capital LP
Hon. Brendan Linehan Shannon
U.S. Bankruptcy Court (D. Del.); Wilmington
Ethics Panel: Current Issues in the Retention and Compensation of Bankruptcy Professionals
How will the Supreme Court’s decision in Baker Botts v. ASARCO affect professional fees? Will there be an increase in fee litigation in future chapter 11 cases? This panel will also explore the Tribune standard for payment of unsecured creditors’ post-petition professionals’ fees, fees awarded as part of global settlements (Lehman), and the recent use of fee examiners. The session could also include a discussion on when disclosure of “representations of parties in unrelated matters” is sufficient, whether conflicts be cured by the appointment of conflicts counsel, a recent Ninth Circuit decision on the potential implications of exceeding fee caps, when it is necessary to obtain a conflict waiver, current vs. recent vs. former clients, and directly adverse vs. positionally adverse.
Michael P. Richman, Moderator
Hunton & Williams LLP
Daniel A. Lowenthal
Patterson Belknap Webb & Tyler LLP
Alec P. Ostrow
Becker, Glynn, Muffly, Chasin & Hosinski LLP
William P. Weintraub
Goodwin Procter LLP
Hon. Louis A. Scarcella
U.S. Bankruptcy Court (E.D.N.Y.)
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.)
4:00-4:30 p.m.
Refreshment and Networking Break
Sponsored by EisnerAmper LLP
4:30-5:45 p.m.
Repeat Concurrent Sessions (6)
Restructuring and Plan-Support Agreements, and Other Trends in Out-of-Court Restructurings
Brett H. Miller, Moderator
Morrison & Foerster LLP
Michael J. Genereux
PJT Partners Inc.
Gary L. Kaplan
Fried, Frank, Harris, Shriver & Jacobson LLP
Hon. Michael E. Wiles
U.S. Bankruptcy Court (S.D.N.Y.)
Multiple Debtors: Best Practices for Governance in Multi-Debtor Cases
Lisa G. Beckerman, Moderator
Akin Gump Strauss Hauer & Feld LLP
George Davis
O’Melveny & Myers LLP
David I. Pauker
New York
Hon. Robert E. Gerber (ret.)
U.S. Bankruptcy Court (S.D.N.Y.)
Bankruptcy Litigation Panel
Michael Luskin, Moderator
Luskin, Stern & Eisler LLP
Melanie L. Cyganowski
Otterbourg P.C.
Dion W. Hayes
McGuireWoods LLP
David M. Hillman
Schulte Roth & Zabel LLP
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y)
Flashpoints for Intercreditor Disputes
Glenn E. Siegel, Moderator
Morgan, Lewis & Bockius LLP
Pamela Corrie
Epiq Systems, Inc.
Madlyn Gleich Primoff
Kaye Scholer LLP
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.)
Current Issues in the Energy Sector
Dennis F. Dunne, Moderator
Milbank, Tweed, Hadley & McCloy LLP
Ana M. Alfonso
Willkie Farr & Gallagher LLP
John-Paul Hanson
Houlihan Lokey
Daniel B. Kamensky
Marble Ridge Capital LP
Hon. Brendan Linehan Shannon
U.S. Bankruptcy Court (D. Del.); Wilmington
Ethics Panel: Current Issues in the Retention and Compensation of Bankruptcy Professionals
Michael P. Richman, Moderator
Hunton & Williams LLP
Kathryn A. Coleman
Hughes Hubbard & Reed LLP
Jonathan L. Flaxer
Golenbock Eiseman Assor Bell & Peskoe LLP
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.)
Hon. Louis A. Scarcella
U.S. Bankruptcy Court (E.D.N.Y.)
5:45 p.m.
Adjourn
5:45-7:15 p.m.
Networking Reception (open to all attendees!)
Conference Chairs
Hon. Shelley C. Chapman, Judicial Chair
U.S. Bankruptcy Court (S.D.N.Y.)
Timothy Graulich, Co-Chair
Davis Polk & Wardwell LLP
Sean A. Gumbs, Co-Chair
FTI Consulting, Inc.
David I.Pauker, Co-Chair
New York
Conference Advisory Board
Elizabeth Abrams
Millstein & Co., L.P.
Paul M. Basta
Kirkland & Ellis LLP
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP
Philip Bentley
Kramer Levin Naftalis & Frankel LLP
Martin J. Bienenstock
Proskauer
Ronen A. Bojmel
Guggenheim Partners, LLC
William A. Brandt, Jr.
Development Specialists, Inc.
Mark A. Broude
Latham & Watkins LLP
Kathryn A. Coleman
Hughes Hubbard & Reed LLP
Pamela Corrie
Epiq Systems, Inc.
George A. Davis
O'Melveny & Myers LLP
Zul Jamal
Moelis & Company
Dennis F. Dunne
Milbank, Tweed, Hadley & McCloy LLP
Daniel Ehrmann
King Street Capital Management
Jonathan L. Flaxer
Golenbock Eiseman Assor Bell & Peskoe LLP
Michael J.Genereux
PJT Partners Inc.
Jonathan E. Goldin
Goldin Associates, LLC
Kristopher M. Hansen
Stroock & Stroock & Lavan LLP
Dion W.Hayes
McGuireWoods LLP
Melanie L. Cyganowski
Otterbourg P.C.
Marc J. Heimowitz
Claren Road Asset Management
William H. Henrich
Getzler Henrich & Associates LLC
Ira L. Herman
Thompson & Knight LLP
David M. Hillman
Schulte Roth & Zabel LLP
David Hilty
Houlihan Lokey
Evan C. Hollander
Arnold & Porter LLP
Daniel B. Kamensky
Marble Ridge Capital LP
Robin E. Keller
Hogan Lovells US LLP
Susheel Kirpalani
Quinn Emanuel Urquhart & Sullivan, LLP
Alex Klipper
Bank of America
Alan W. Kornberg
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Mark P. Kronfeld
Plymouth Lane Capital Management, LLC
Paul D. Leake
Jones Day
Ivan Lehon
EY
Richard B. Levin
Jenner & Block
Joel H. Levitin
Cahill Gordon & Reindel LLP
Daniel A. Lowenthal
Patterson Belknap Webb & Tyler LLP
Michael Luskin
Luskin, Stern & Eisler LLP
Richard G. Mason
Wachtell, Lipton, Rosen & Katz
Mark A. McDermott
Skadden, Arps, Slate, Meagher & Flom LLP
Deirdre Martini McGuinness
Epiq Systems, Inc.
Vivek Melwani
Centerbridge Partners, L.P.
Brett H. Miller
Morrison & Foerster LLP
Nancy A. Mitchell
Greenberg Traurig, LLP
Richard Morris
Goldman Sachs
Alec P. Ostrow
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Deborah C. Rieger-Paganis
AlixPartners, LLP
Barbra R. Parlin
Holland & Knight LLP
John D. Penn
Perkins Coie LLP
Bryan S. Perkinson
KRyS Global
Irving H. Picard
Baker & Hostetler LLP
David M. Posner
Kilpatrick Townsend & Stockton LLP
Madlyn Gleich Primoff
Kaye Scholer LLP
Marc D. Puntus
Centerview Partners
Sandeep Qusba
Simpson Thacher & Bartlett LLP
Steven J. Reisman
Curtis, Mallet-Prevost, Colt & Mosle LLP
Michael P. Richman
Hunton & Williams LLP
Jeffrey S. Sabin
Venable LLP
Brad E. Scheler
Fried, Frank, Harris, Shriver & Jacobson LLP
Ray C. Schrock
Weil, Gotshal & Manges LLP
Lisa M. Schweitzer
Cleary Gottlieb Steen & Hamilton LLP
Glenn E. Siegel
Morgan, Lewis & Bockius LLP
Arthur J. Steinberg
King & Spalding
Rachel C. Strickland
Willkie Farr & Gallagher LLP
Leon Szlezinger
Jefferies LLC
Andrew V. Tenzer
Paul Hastings LLP
My Chi To
Debevoise & Plimpton LLP
Albert J. Togut
Togut, Segal & Segal LLP
Brian Trust
Mayer Brown LLP
J. Scott Victor
SSG Capital Advisors, LLC
William P. Weintraub
Goodwin Procter LLP
Edward S. Weisfelner
Brown Rudnick LLP
John W. Weiss
Alston & Bird LLP
Conference Information
Hotel Accommodations
Located in Midtown Manhattan within blocks of Central Park, Times Square, the Theatre District, Fifth Avenue shopping, MOMA and so much more, the New York Hilton Midtown is the perfect host hotel for this program. ABI has negotiated a special conference rate of $349 single/double per night from May 11-12, 2016, at the New York Hilton Midtown (reservations must be made by April 11, 2016, to secure this special rate). Please call (212) 586-7000 to make your reservations. Reservations may be made only once you have registered with ABI. Be sure to identify yourself with the conference to obtain the special conference rate. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Conference Attire
Professional business attire is requested throughout the conference.
Continuing Education Credit
6.75 hours of CLE credit, including 1.25 hours of ethics, are 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. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 8 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 6.75 hours, of which 1.25 hours will apply to ethics. 8 hours of CPE credit, including 1.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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 complaints and refunds, 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. For information on tuition assistance, e-mail [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 21, 2016. No refunds will be granted after April 21, although substitutions will be allowed. After April 21, 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.
New York City Bankruptcy Conference Sponsors
Akin Gump Strauss Hauer & Feld LLP
AlixPartners LLP
Alston & Bird LLP
Arnold & Porter LLP
BakerHostetler LLP
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Brown Rudnick LLP
Cahill Gordon & Reindel LLP
Centerbridge Partners, L.P.
Centerview Partners
Claren Road Asset Management
Cleary Gottlieb Steen & Hamilton LLP
Curtis, Mallet-Prevost, Colt & Mosle LLP
Davis Polk & Wardwell LLP
Debevoise & Plimpton LLP
Deloitte
Development Specialists, Inc.
EisnerAmper LLP
Epiq Systems, Inc.
EY
Fried, Frank, Harris, Shriver & Jacobson LLP
FTI Consulting, Inc.
Getzler Henrich & Associates LLC
Goldin Associates, LLC
Goldman Sach
Golenbock Eiseman Assor Bell & Peskoe LLP
Goodwin Procter LLP
Grant Thornton, LLP
Greenberg Traurig, LLP
Guggenheim Partners LLP
Hogan Lovells US LLP
Holland & Knight LLP
Houlihan Lokey
Hughes Hubbard & Reed LLP
Hunton & Williams LLP
Jefferies LLC
Jenner & Block LLP
Jones Day
Kaye Scholer LLP
Kilpatrick Townsend & Stockton LLPKing & Spalding
King Street Capital Management, LP
Kirkland & Ellis LLP
Kramer Levin Naftalis & Frankel LLP
KRyS Global
Latham & Watkins LLP
Loeb & Loeb LLP
Luskin, Stern & Eisler LLP
Marble Ridge Capital LP
Mayer Brown LLP
McGuireWoods LLP
Milbank, Tweed, Hadley & McCloy LLP
Millstein & Co., L.P.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C
Moelis & Company
Morgan, Lewis & Bockius LLP
Morrison & Foerster LLP
O’Melveny & Myers LLP
Otterbourg PC
Pachulski Stang Ziehl & Jones LLP
Patterson Belknap Webb & Tyler LLP
Paul Hastings LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Perkins Coie, LLP
PJT Partners Inc.
Plymouth Lane Capital Management, LLC
Polsinelli
Proskauer
Quinn Emanuel Urquhart & Sullivan, LLP
Schulte Roth & Zabel LLP
Simpson Thacher & Bartlett LLP
Skadden, Arps, Slate, Meagher & Flom LLP
SSG Capital Advisors, LLC
Stroock & Stroock & Lavan LLP
Thompson & Knight LLP
Togut, Segal & Segal, LLP
Venable LLP
Wachtell, Lipton, Rosen & Katz
Weil, Gotshal & Manges LLP
Willkie Farr & Gallagher LLPSpecial Thanks
Bloomberg BRIEF, Debtwire and The Wall Street Journal for the media partnerships
Sherwood Partners, Inc. / agencyIP for sponsoring the exhibit hall
Thomson Reuters for the printed educational materials
Wilmington Trust for the tote bagsConference Rates
Registration Rates Early
(postmarked by 3/4/16)Regular
(3/5/16-5/6/16)Late
(after 5/6/16)ABI Member $525 $625 $725 Gov’t./Aca./Nonprofit ABI Member
$325 $375 $425 New ABI Member* $800 $900 $1,000 Gov’t./Aca./Nonprofit New ABI Member*
$420 $470 $520 Registration rates include continental breakfast, luncheon presentation, all refreshment breaks and the written materials.
* Includes a one-year membership for first-time members only — a $295 value! Membership is individual and nonrefundable. 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.
Exhibitor Rates
ABI Member Exhibitor**:$1,600ABI Member Secondary Exhibitor:$500New ABI Member Exhibitor***:$1,850New ABI Member Secondary Exhibitor***:$750** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’ table, full registration for one booth representative AND a one-year membership for first-time members only — a $295 value! Membership is individual and nonrefundable. 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.
Event Information 237797
Monday, May 2
11:00 a.m. - 1:00 p.m.
Bag Drop & Registration, Deluxe Practice Facility, and Box Lunches on the Veranda
1:00 - 5:00 p.m.
Shotgun Start, two on course beverage stations and a roaming hospitality cart
5:00 - 6:30 p.m.
Cocktail Reception and Hors d'oeuvres on the Veranda
6:30 - 8:00 p.m.
Buffet Dinner and Silent Auction in the Hartefeld Room
Event Sponsors
Jim Bird, Polsinelli
DLS Discovery, Jeremy LuzaderCharles M. Forman, Esq.
Ryan G. Foley, EsqGavin/Solmonese LLC, Amy & Ted Gavin
Leisawitz Heller, Kevin Moore
Morris James LLP, Peter Ladig
Reliable, Larry TaylorRust Omni, Brian Osborne and Paul Deutch
Mitch Ryan, Personal Friend of Steve Yoder
Steven M. Yoder's Children Trust
UpShot Services, LLC, Travis Vandell
Christopher A. Ward, Polsinelli
Wilmington Trust
A. Jeffrey Zappone, Conway MacKenzieTo get the information about Sponsorship Opportunities please click here (PDF file) or contact Sharisa Sloan at [email protected]
Rates
For golfers $175 For non-golfers $100 For foursomes $600 For more information, contact Sharisa Sloan at [email protected]Event Information 237923
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 LLP1:00-5:00 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 LLPSaturday, 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
2016 Workshop Chairs
Hon. Mary Ann Whipple, Judicial Chair
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Paul G. Swanson, Program Chair
Steinhilber, Mares, Resop & Sipsma
Hon. Donald R. Cassling, Judicial Board Chair
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Stuart A. Gold, Advisory Board Chair
Gold Lange & Majoros, P.C.; Southfield, Mich.
2016 Advisory Board
A. Todd Almassian
Keller & Almassian, PLC; Grand Rapids, MI
Carla O. Andres
Godfrey & Kahn, S.C.; Green Bay, Wis.
Bernadette M. Barron
Barron Business Consulting, Inc.; Chicago
Chris L. Blacker
AlixPartners, LLP; Chicago
Winnifred P. Boylan
Lambert Leser, Attorneys at Law; Bay City, Mich.
Jonathan T. Brand
Transworld Systems, Inc.; Lake Forest, Ill.
Tracy M. Clark
Steinberg Shapiro & Clark; Southfield, Mich.
Karen E. Evangelista
Karen E. Evangelista, PC; Rochester, Mich.
Matthew T. Gensburg
Dale & Gensburg, P.C.; Chicago
Stephen M. Gross
McDonald Hopkins LLC; Bloomfield Hills, Mich.
Terry E. Hall
Faegre Baker Daniels; Indianapolis
Richard E. Kruger
Jaffe Raitt Heuer Weiss; Southfield, Mich.
Richard S. Lauter
Lewis Brisbois Bisgaard & Smith LLP; Chicago, IL
Barry P. Lefkowitz
BL Consultants; Birmingham, Mich.
Jim A. Lodoen
Lindquist & Vennum LLP; Minneapolis
Laura Marcero
Huron Consulting Group Inc.; Troy, Mich.
Alex D. Moglia
Moglia Advisors; Schaumburg, Ill.
C. Daniel Motsinger
Krieg DeVault; Indianapolis
Richard D. Nelson
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
David M. Powlen
Barnes & Thornburg LLP; Wilmington, Del.
Mark L. Radtke
Shaw Fishman Glantz & Towbin LLC; Chicago
Shawn M. Riley
McDonald Hopkins LLC; Cleveland
Melissa M. Root
Jenner & Block; Chicago
Hon. John H. Squires (ret.)
Springer Brown LLC; Wheaton, Ill.
Eric. E. Walker
Perkins Coie LLP; Chicago
Thomas G. Wallrich
Cozen O’Connor; Minneapolis
Robert A. Weisberg
Carson Fischer, P.L.C.; Bloomfield Hills, Mich.
Scott A. Wolfson
Wolfson Bolton PLLC; Troy, Mich.
Craig E. Zucker
Erman, Teicher, Zucker & Freedman, P.C.; Southfield, Mich.
Optional Events
Young & New Members Beer Tasting at Sprecher’s Restaurant & Pub
Thursday, June 16, 4:00-6:00 p.m.
Take part in Milwaukee’s great brewing tradition at Sprecher’s! The $60 fee includes transportation and tasting. Please check the appropriate box on the registration form.
Yerkes Observatory Tour
Sponsored by Fishman Miller PC
Thursday, June 16, 8:00-10:30 p.m.
From the dark confines of Yerkes Observatory, one may get superb views of planets, constellations, hundreds of stars, occasional sporadic meteor streaks, the Milky Way, and, occasionally, the moving, bright International Space Station or other artificial satellite visible to the unaided eye. You might wish to bring a pair of binoculars to enhance your stargazing experience. Participants should bring a light jacket or sweatshirt, as we will be spending time outside and within an unheated dome, and even summer nights could be chilly! Sensible shoes are highly encouraged; no high heels or flip-flops, please. The $30 fee includes transportation and tour. Please check the appropriate box on the registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Golf Tournament
Golf Hole Sponsored by High Ridge Partners
Beverage Cart Sponsored by Faegre Baker Daniels LLPFriday, June 17, 1:00 p.m.
The annual Golf Tournament will be held at the Highlands Course. Originally designed by Jack Nicklaus and Pete Dye, this Scottish-style course was transformed in 1996 by Bob Cupp and was recently updated in 2006 by Bob Lohmann, with major renovations completed on holes 9, 12 and 15. The $150 fee for golf includes green fee and cart, box lunch and beverage, and prizes. Please check the appropriate box on the registration form to play, and indicate your handicap. For those participating in the 2016 ABI Golf Tour, this will be the second stop on the tour. Please check the ABI Golf Tour box on the registration form, and indicate your handicap.
Wine Tour
Sponsored by Gold, Lange & Majoros, P.C.
Friday, June 17, 1:00-5:00 p.m.
Enjoy an afternoon at Staller Estate Vineyard and Winery. Located near Delavan and Lake Geneva, the Staller Estate Winery is the perfect place to enjoy some of the best wine in Wisconsin while taking in the beautiful and relaxing scenery. The cost of the tour is $50 per person and includes transportation, tour, tastings and a charcuterie picnic platter. Please check the appropriate box on the registration form.
Lake Geneva Private Boat Cruise
Friday, June 17, 2:30-4:45 p.m.
Relax and enjoy all the scenic beauty of lovely Geneva Lake. The cost is $65 per person and includes transportation, tour and gratuities. Please check the appropriate box on the registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified by May 12.
Black Point Estate Private Tour
Friday, June 17, 2:30-5:30 p.m.
Explore Black Point Estate and tour one of the finest examples of Queen Anne architecture while viewing one of the most intact collections of Victorian furnishings in the Midwest. The $35-per-person fee includes transportation, tour and gratuities. Please check the appropriate box on the registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Lake Geneva Dine-Around
Friday, June 17, 7:00-9:00 p.m.
Saturday, June 18, 7:00-9:00 p.m.
Get out and sample two of the area’s most popular restaurants! Space is limited to 10 participants per restaurant. The cost for dinner is $60 per person and includes transportation, dinner and gratuity.
Paisanos
Enjoy delectable authentic Italian cuisine in a beautifully decorated bistro.
Medusas
Featuring a blend of Mediterranean and American cuisine, all dishes are prepared from fresh ingredients that arrive in the kitchen on a daily basis. Medusa offers “fine dining” flavors in a more casual setting.
Horseback Riding at Dan Patch Stables
Saturday, June 18, 2:00-3:00 p.m.
Dan Patch Stables offers experienced guides that are very familiar with the horses and will help you choose just the right horse. The 50-minute guided trail rides offer a scenic view of hundreds of acres of beautiful Grand Geneva property. The cost for this event is $40 per person, which includes guided ride and gratuities. Please check the appropriate box on the registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Tour de ABI Bicycling Outing
Saturday, June 18, 2:00-5:00 p.m.
Sponsored by Commercial Recovery Associates, LLC and Law Office of Deborah Kanner Ebner
The $20-per-person fee includes guide, t-shirt, water bottle and gratuities. Please check the appropriate box on the registration form.
Kids’ Night Out
Saturday, June 18, 5:30-9:30 p.m.
Date Night! Kids 6 years and older will enjoy dinner and a movie while you enjoy a night out on the town or a peaceful night at the resort. The cost is $25 per child and includes dinner and a movie. Please check the appropriate box on the registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
“Kids Are Grand” Child Care Program
A daily program just for kids! The Grand Geneva Resort & Spa offers its Kids Are Grand program, which provides daily junior escapades designed to inspire children to be creative and innovative. From its Culinary Junior Escapade to its Quick as a Fox Nature Adventure Game, kids are continually learning and discovering their very own sense of creativity and innovation! While parents enjoy golfing, a spa treatment or a romantic dinner, they can have peace of mind knowing that their little ones are having fun and learning with our high-energy Kids Are Grand team members! The cost for children 4 year of age and older is $10 per hour for the first child. Each additional child in the same family is $5 per hour. Children under the age of 4 are always $10. Reservations are required with at least 24 hours’ notice, or call for availability on the day of the event. Kids Are Grand is located on the lower level of the WELL Spa + Fitness Center. To make reservations, please call Kids Are Grand at (262) 249-4560, extension 3830, or email [email protected].
Conference Information
Hotel
Grand Geneva Resort, conveniently located in Lake Geneva, Wis., near Chicago and Milwaukee, is a AAA Four-Diamond resort offering superb guest accommodations. ABI has arranged a special conference rate of $229 single/double (Deluxe Rooms) per night. A group rate is also available for 1- and 2-bedroom suites at Timber Ridge Lodge & Waterpark ($229 for one-bedroom and $329 for two-bedroom). Contact ABI for Timber Ridge availability. Make your reservations by May 16, 2016, to reserve the special rate. ABI cannot guarantee anyone a room after the May 16 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.
Spa Discount: The Grand Geneva Resort & Spa has graciously extended attendees a 10% discount off spa treatments (60 minutes or longer). As the spa sells out on a daily basis, please contact them in advance at (262) 248-8811 and ask for Spa Reservations. To receive the 10% group discount, please let a spa concierge know that you are with the American Bankruptcy Institute 2016 Central States Bankruptcy Workshop.
Air and Ground Transportation
Air: Grand Geneva Resort is just an hour’s drive from Milwaukee’s General Mitchell Airport (MKE) and less than 90 minutes from Chicago’s O’Hare Airport (ORD).
Ground: Rental car discounts are available with the following companies: Avis Worldwide: www.avis.com, discount number (AWD) T312900; Budget: www.budget.com, discount number (BCD) Z823091; and Enterprise: www.enterprise.com, account number 16RH314 and pin AME.
Continuing Education Credit
9.25 hours of CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 11 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. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 11 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 9.25 hours, of which 1.25 hours will apply to ethics. 11 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 in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 May 26, 2016. No refunds will be granted after May 26, but substitutions will be allowed. After May 26, 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.
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exam at Grand Geneva Resort and Spa on June 16, 2016, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
American Board of Certification Exams
June 16, 2016, 9:00 a.m.-5:00 p.m. • Grand Geneva Resort and Spa
Call (319) 365-2222 or e-mail [email protected]
___Consumer Bankruptcy Exam
___Business Bankruptcy Exam
___Creditors’ Rights Exam ($125 exam fee)
Make check payable to: American Board of Certification and return with this clipping to: American Board of Certification, The American Building, 4403 1st Avenue SE, Ste. 113, Cedar Rapids, IA 52402.
___ Credit Card (Charge to acct. no. provided for conference)
A short form application and fee ($495) are also required prior to the exam. Please go to www.abcworld.org if you have not submitted the application.
Platinum Sponsors
Adelman & Gettleman, Ltd.
AlixPartners LLP
Carlson Dash, LLC
Clark Hill PLC
Development Specialists, Inc.
Dickinson Wright PLLC
Faegre Baker Daniels LLP
Freeborn & Peters LLP
Godfrey & Kahn, S.C.
Greenberg Traurig, LLP
Ice Miller LLP
Jaffe Raitt Heuer & Weiss, P.C.
Jenner & Block
Krieg DeVault LLP
Lindquist & Vennum LLP
McGuireWoods LLP
MorrisAnderson
Perkins Coie LLP
Shaw Fishman Glantz & Towbin LLC
Steinhilber, Swanson Resop & Sipsma
Whyte Hirschboeck Dudek S.C.
Wolfson Bolton PLLCGold Sponsors
Barnes & Thornburg LLP
Factor Law
Lakelaw
McDonald Hopkins PLC
von Briesen & Roper, s.c.
Warner Norcross & Judd LLPSilver Sponsors
Commercial Recovery Associates, LLC
Fishman Miller PC
Gold, Lange & Majoros, P.C.
High Ridge Partners
Howard & Howard Attorneys, PLLCKerkman & Dunn
Law Office of Deborah Kanner Ebner
Meltzer Purtill & Stelle LLC
Murphy Desmond S.C.O'Keefe LLC
Steinberg, Shapiro & Clark
Sweet DeMarb, LLC
Varnum LLPSpecial Thanks
We extend our special thanks to AlixPartners, LLP for the conference materials on USB drives, Bloomberg BRIEF for the media partnership, Donlin, Recano & Company, Inc. for the conference app, KCC for the conference wi-fi, Sherwood Partners, LLC for sponsoring the exhibit hall, Steinberg, Shapiro & Clark and Sweet DeMarb, LLC for the cell phone charging stations, Steinhilber Swanson Resop & Sipsma for the daily e-newsletter, Thomson Reuters for the electronic educational materials, Whyte Hirschboeck Dudek S.C. for the conference lanyards and Wilmington Trust for the conference tote bags.
Conference Rates
Registration Rates Early
(postmarked by 4/15/16)Regular
(4/16/16- 5/13/16)Late
(after 5/13/16)ABI Member$595$645$695Govt./Academic/Nonprofit ABI Member$375$425$475New ABI Member*$870$920$970Govt./Academic/Nonprofit New ABI Member*$470$520$570There will be a $50 fee added to all on-site registrations.
* Includes a one-year ABI membership for first-time members — a $295 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**$1,200New ABI Member Exhibitor Registration***$1,495Additional Booth Representative$300** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’table, full registration for one booth representative AND one-year ABI membership.
Optional Events
RateYoung & New Members Beer Tasting
$40Opening ReceptionOpening Reception GuestOpening Reception Child (13 and under)
$0$40$20Yerkes Observatory Tour$30Family Picnic$0Golf TournamentHandicap ____$150ABI Golf TourHandicap ____$150Wine Tour$50Lake Geneva Private Boat Cruise$65Black Point Estate Tour$35Lake Geneva Dine-Around (Friday)
PaisanosMedusa$60
$60
Dessert Reception
Dessert Reception Guest$0
$15
Dessert Reception Child$10
Horseback Riding$40Tour de ABI Bicycling Outing$20Kids’ Night Out$25Lake Geneva Dine-Around (Saturday)
PaisanosMedusa$60
$60
Bonfire and S’mores Social
S’mores GuestS’mores Child$0
$10
$10
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.
Event Information 238265
Thursday, July 21
9:00 a.m.-5:00 p.m.
American Board of Certification Exams
5:00 - 6:00 p.m.
Emerging Leaders and Judges' Social (by invitation only)
6:00-7:30 p.m.
Opening Reception
Sponsored by Adams and Reese LLP and Burr & Forman LLP
8:30-10:00 p.m.
S’Mores and Stars Evening Social
Sponsored by Kozyak Tropin Throckmorton, LLP
Friday, July 22
7:00-8:00 a.m.
Breakfast
7:30-9:00 a.m.
Plenary Session
What Do ERR, DRB, PDR and PUD Have to Do with It? Unscrambling the Alphabet Soup of Energy Cases
This session is a nonlegal overview of the current state of the coal and oil & gas industries and will provide a primer on terminology, extraction methods and related industries. It will also address how energy workouts and restructurings are different from traditional restructurings, and why (with a particular focus on how these companies are financed and their operations are structured — i.e., lease rights, management/servicing agreements, etc.).
Elizabeth A. Green, Moderator
BakerHostetler; Orlando, Fla.
C.R. Bowles
Bingham Greenbaum & Doll LLP; Louisville, Ky.
James D. Decker
Guggenheim Securities, LLC; Atlanta
John-Paul Hanson
Houlihan Lokey; New York
Mark W. Wege
King & Spalding; Houston
9:00 a.m.-5:00 p.m.
Beach Day
Enjoy a reserved beach area for Southeast Bankruptcy Workshop attendees, with chairs, towels, umbrellas and some beach games courtesy of BakerHostetler and GGG Partners, LLC.
9:00-9:15 a.m.
Refreshment Break
Sponsored by Stichter, Riedel, Blain & Postler, P.A.
9:15-10:45 a.m.
Concurrent Sessions (4)
Tax Talk a la Carte
Prof. Jack Williams, Moderator
Baker Tilly; Atlanta
Scott M. Grossman
Greenberg Traurig, LLP; Fort Lauderdale, Fla.
Kevin D. Heard
Heard, Ary & Dauro, LLC; Huntsville, Ala.
Beware of Icebergs Ahead: How to Navigate Federal Rules Changes and Terabytes of E-Discovery to Avoid Titanic Sanctions
This panel will discuss the recent changes to the Federal Rules of Civil Procedure as they pertain to e-discovery, as well as recent case law interpreting the new rules in the bankruptcy context. Our e-discovery expert and our bankruptcy practitioners will discuss the rules from the perspective of debtors, creditors and litigation targets in commercial bankruptcy cases.
Jeffrey R. Waxman, Moderator
Morris James LLP; Wilmington, Del.
Alison A. Grounds
Troutman Sanders LLP; Atlanta
Judith Greenstone Miller
Jaffe Raitt Heuer & Weiss, P.C.; Southfield, Mich.
Richard L. Wasserman
Venable LLP; Baltimore
Medley of Current Chapter 11 Issues: From Overcoming Challenges to Finding an Efficient Exit Strategy
This panel will explore current chapter 11 issues from case inception to exit and will discuss current case law and trends, including nonconventional financing obstacles, the ability of a lender to obtain default interest post-petition, plan-support agreements, structured dismissals, cramdown interest rates, third-party releases and the erosion of the equitable mootness doctrine on appeal.
John B. Hutton, Moderator
Greenberg Traurig, LLP; Miami
Hon. Stephani W. Humrickhouse
U.S. Bankruptcy Court (E.D.N.C.); Raleigh
Christine L. Myatt
Nexsen Pruet; Greensboro, N.C.
Lori V. Vaughan
Trenam Law; Tampa, Fla.
Consumer Track
Money-Back Guarantee?
This panel explore what rights/causes of actions a debtor may reserve in plan confirmation and the binding effect of confirmation, and whether, in light of Harris v. Viegelahn, a means may still exist to avoid refunding undistributed funds to a debtor following the conversion of a chapter 13 to a chapter 7 case, as well as what should happen to undistributed funds upon case dismissal. The session will conclude with a discussion on the limitations on the equitable powers of bankruptcy courts following Law v. Siegel.
Chrisandrea L. Turner, Moderator
Stites & Harbison, PLLC; Lexington, Ky.
Hon. Jennifer H. Henderson
U.S. Bankruptcy Court (N.D. Ala.); Tuscaloosa
Charles N. Kelley
Cummings & Kelley P.C.; Gainesville, Ga.
Ryan J. Williams
Staff Attorney for Nancy J. Whaley, Chapter 13 Trustee; Atlanta
10:45-11:00 a.m.
Refreshment Break
11:00 a.m.-12:30 p.m.
Concurrent Sessions (4)
Lights Out! Hot Topics and Recent Developments in Energy-Related Chapter 11 Cases
In light of the recent downturn in the energy markets, this panel will provide an update on recent developments in coal and oil & gas chapter 11 cases, including contract issues, § 1113/1114 litigation, treatment of environmental obligations, KERPs and KEIPs, surety bonds, perfection and credit bidding issues, and “cherry-picking” of good assets in § 363 sales.
Dion W. Hayes, Moderator
McGuireWoods LLP; Richmond, Va.
Hon. Marvin Isgur
U.S. Bankruptcy Court (S.D. Tex.); Houston
Hon. Keith L. Phillips
U.S. Bankruptcy Court (E.D. Va.); Richmond
Sarah L. Schultz
Akin Gump Strauss Hauer & Feld LLP; Dallas
Cracking the D&O Code: The Keys to Insurance Recovery and Injunctive Orders in Bankruptcy Court
Director and officer (D&O) insurance policies typically cover certain claims against the D&Os by third parties (often shareholders) and claims by a trustee in bankruptcy. The policies also cover certain claims against the debtor company. This panel will discuss the different coverages, the types of claims that may be pursued against officers and directors by shareholders, creditors and a bankruptcy trustee, defenses often asserted to the claims, and potential policy exclusions that may affect coverage. The panel will also focus on the tension, and often litigation, over D&O insurance proceeds when there are competing claims by a trustee and by shareholders or creditors, including the circumstances that may justify entry of a bar order precluding third-party claims as part of a settlement of claims by the trustee.
Hon. Robert A. Mark, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Vincent F. Alexander
Kozyak Tropin Throckmorton, LLP; Miami
Kevin G. Hroblak
Whiteford Taylor Preston LLP; Baltimore
Cary D. Steklof
Ver Ploeg & Lumpkin, P.A.; Miami
Navigating the Troubled Waters of Involuntary Bankruptcies
This panel will provide a brief, general overview of the mechanics and statutory framework for involuntary bankruptcies, with more in-depth discussions of current hot-button issues, including petitioning creditors’ good faith/bad faith, the conflicting approaches taken by various circuits in determining whether a petitioning creditor’s claim is subject to a bona fide dispute, and the potential legal fees and damage claims petitioning creditors face if their involuntary petition is ultimately dismissed.
David Neal Stern, Moderator
Frank, Weinberg & Black P.L.; Boca Raton, Fla.
Jonathan T. Edwards
Alston & Bird LLP; Atlanta
Michael A. Friedman
Genovese Joblove & Battista, P.A.; Miami
Garret A. Nail
Thompson Hine; Atlanta
Consumer Track
Student Loans: 40 Million Borrowers — Average Debt $29,000 — Total Debt $1.2 Trillion
This panel of experienced lawyers will discuss policy issues underlying student debt, current cases, fraud issues in workouts, and possible solutions to this important issue facing our nation.
Robert C. Furr, Moderator
Furr & Cohen, P.A.; Boca Raton, Fla.
Thomas W. Joyce
Jones Cork & Miller LLP; Macon, Ga.
Prof. Rafael Pardo
Emory University School of Law; Atlanta
1:00 p.m.
Optional Event: Golf Tournament
Golf Holes sponsored by Carl Marks & Co. Inc., Heard, Ary & Dauro, LLC and Kilpatrick
Townsend & Stockton LLP
Beverage Cart sponsored by Troutman Sanders LLPOptional Event: Yoga on the Lawn
Anyone that wants to participate should meet in the Salon Foyer
4:30-6:00 p.m.
Optional Event: Sparkling Wine Afternoon Social
Sponsored by Nexsen Pruet
Saturday, July 23
7:00-7:30 a.m.
Optional Event: Conversation with Dr. Prabodh Kapila, Rheumatologist
7:00-8:00 a.m.
Breakfast
Sponsored by Greenberg Traurig, LLP
7:30-9:00 a.m.
Plenary Session
Case Updates: Business and Consumer Law Developments
This panel will present a lively discussion of key issues decided in business and consumer bankruptcy cases throughout the country over the past year.
Hon. John E. Waites, Moderator
U.S. Bankruptcy Court (D. S.C.); Columbia
Sherry F. Chancellor
Chapter 7 Trustee; Pensacola, Fla.
Prof. Rafael Pardo
Emory University School of Law; Atlanta
Lisa M. Schiller
McGlinchey Stafford PLLC; Fort Lauderdale, Fla.
9:00 a.m.-5:00 p.m.
Beach Day
Enjoy a reserved beach area for Southeast Bankruptcy Workshop attendees, with chairs, towels, umbrellas and some beach games courtesy of Bass, Berry & Sims PLC and Deloitte CRG.
9:00-9:15 a.m.
Refreshment Break
9:15-10:45 a.m.
Repeat Concurrent Sessions (3)
Lights Out! Hot Topics and Recent Developments in Energy-Related Chapter 11 Cases
Cracking the D&O Code: The Keys to Insurance Recovery and Injunctive Orders in Bankruptcy Court
Navigating the Troubled Waters of Involuntary Bankruptcies
Consumer Track
How to Fit a Round Peg into a Triangular Hole: Too Much Debt for a 13, Too Much Income for a 7, and/or Too Many Assets for an 11
This panel will explore options for dealing with the difficult situations experienced by consumer debtors who on the surface fail to qualify for relief under chapter 7, have too much debt for relief under chapter 13 jurisdictional limits, and are unable to satisfy the absolute priority rule to qualify for an individual chapter 11 case.
Jeffrey W. Cavender, Moderator
Troutman Sanders LLP; Atlanta
Jane Harris Downey
Moore Taylor Law Firm; West Columbia, S.C.
Maria J. Kirtland
Office of Nancy J. Whaley, Standing Chapter 13 Trustee; Atlanta
Hon. James P. Smith, Chief Judge
U.S. Bankruptcy Court (M.D. Ga.); Macon
10:45-11:00 a.m.
Refreshment Break
11:00 a.m.-12:30 p.m.
Repeat Concurrent Sessions (3)
Tax Talk a la Carte
Beware of Icebergs Ahead: How to Navigate Federal Rules Changes and Terabytes of E-Discovery to Avoid Titanic Sanctions
Medley of Current Chapter 11 Issues: From Overcoming Challenges to Finding an Efficient Exit Strategy
Consumer Track
Real Estate Values Are Climbing (Again): Debtor, Watch Your Back!
This panel will explore legal trends relating to rising real estate values in consumer bankruptcy cases, including issues related to stay relief, lien-stripping, reaffirmation agreements, and what could happen post-discharge if a debtor fails to act in conformity with his Statement of Intention. This panel will also address the current state of mortgage modification mediation programs and the latest happenings with the CFPB.
Melissa A. Youngman, Moderator
Wilson Elser Moskowitz Edelman & Dicker LLP; Orlando, Fla.
Hon. Paul M. Glenn
U.S. Bankruptcy Court (M.D. Fla.); Jacksonville
Michael J. McCormick
McCalla Raymer, LLC; Roswell, Ga.
Amy K. Tanner
Bond, Botes, Sykstus, Tanner & Ezzell, P.C.; Huntsville, Ala.
1:30 p.m.
Optional Event: Tennis Tournament
2:00-3:30 p.m.
Optional Event: Ice Cream Afternoon Social
Sponsored by Prime Clerk
5:00-6:00 p.m.
VIP/Sponsor Reception
Sponsored by McGlinchey Stafford, PLLC (by Invitation Only)
6:00-8:30 p.m.
Beach Bash
Bar sponsored by Rumberger Kirk & Caldwell
Party Sponsored by Christian & Small, LLP and Shumaker, Loop & Kendrick, LLP
Entertainment sponsored by Parker, Hudson, Rainer & Dobbs LLP and Reynolds, Reynolds & Little, LLC
Shoe Valet & Flip Flops sponsored by BMS
Join us on the beach for food, fun and special appearances!Sunday, July 24
7:00-8:00 a.m.
Breakfast
Sponsored by Womble Carlyle Sandridge & Rice, LLP
7:30-9:00 a.m.
“All I Really Need To Know I Learned In Kindergarten: Practicing with Ethics and Civility.”
In his popular poem, All I Really Need To Know I Learned In Kindergarten, writer Robert Fulghum proclaimed: “Most of what I really need To know about how to live And what to do and how to be I learned in kindergarten.” Attorneys and others in the legal profession are often required to address challenging questions about ethics and unprofessional behavior. When faced with these issues, would you make the “right” call? You be the judge with interactive voting when faced with real issues from actual scenarios attorneys have had to address.
B. Summer Chandler
Chandler Law Firm, LLC; Panama City Beach, Fla.
Hon. James P. Smith, Chief Judge
U.S. Bankruptcy Court (M.D. Ga.); Macon
Emily Taube
Burr & Forman LLP; Nashville, Tenn.
9:00-9:15 a.m.
Refreshment Break
Sponsored by Blanco Tackabery & Matamoros, P.A.
9:15-10:45 a.m.
Hotcakes & Hot Topics: Breakfast with the Judges
Enjoy a breakfast discussion with the judges of the Southeast Bankruptcy Workshop.
Hon. John E. Waites, Moderator
U.S. Bankruptcy Court (D. S.C.); Columbia
Hon. Paul M. Glenn
U.S. Bankruptcy Court (M.D. Fla.); Jacksonville
Hon. Jennifer H. Henderson
U.S. Bankruptcy Court (N.D. Ala.); Tuscaloosa
Hon. Stephani W. Humrickhouse
U.S. Bankruptcy Court (E.D.N.C.); Raleigh
Hon. Marvin Isgur
U.S. Bankruptcy Court (S.D. Tex.); Houston
Hon. Robert A. Mark
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Keith L. Phillips
U.S. Bankruptcy Court (E.D. Va.); Richmond
Hon. James P. Smith, Chief Judge
U.S. Bankruptcy Court (M.D. Ga.); Macon
10:45 a.m.
Adjourn
To view the full program brochure, click here
Optional Events
S’mores and Stars Evening Social
Thursday, July 21, 8:30-10:00 p.m.
Sponsored by Kozyak Tropin Throckmorton, LLP
S’mores under the stars! Join us for s’more networking as we roast marshmallows and enjoy the glow of fire pits and one of summer’s great pastimes. The event is FREE for attendees, $15 for guests and $10 for children 12 and under. Pre-registration is required; please check the appropriate box on the registration form.
Beach Days
Friday, July 22, 9:00 a.m.-5:00 p.m.
Sponsored by BakerHostetler and GGG Partners, LLC
Saturday, July 23, 9:00 a.m.-5:00 p.m.
Sponsored by Bass, Berry & Sims PLC and Deloitte
FREE! Enjoy a reserved beach area just for Southeast Bankruptcy Workshop attendees, complete with chairs, towels, umbrellas and beach games.
Golf Tournament
Friday, July 22, 1:00 p.m.
Golf Holes sponsored by Carl Marks & Co. Inc., Heard, Ary & Dauro, LLC and Kilpatrick
Townsend & Stockton LLP
Beverage Cart sponsored by Troutman Sanders LLPThe annual golf tournament will be held at The Golf Club of Amelia Island, adjacent to the hotel. Designed by PGA tour veterans Mark McCumber and Gene Littler, the course presents players with the ultimate in pure golfing pleasure. The $195 fee includes green fee and cart, boxed lunch and beverage, and prizes. Please check the appropriate box on the registration form to play, and indicate your handicap. For those participating in the 2016 ABI Golf Tour, this will be the fourth stop. Please check the ABI Golf Tour box on the registration form.
Sparkling Wine Afternoon Social
Friday, July 22, 4:30-6:00 p.m.
Sponsored by Nexsen Pruet
Cheers! Start happy hour early with bubbling conversation and sparkling wines as we sample a unique variety of proseccos, rosés and cavas. The cost for this event is $45 per person, which includes sparkling wine tastings, light snacks and gratuities. Please check the appropriate box on the registration form.
Tennis Tournament
Saturday, July 23, 1:30 p.m.
The clay courts of The Ritz-Carlton, Amelia Island will be the site of our round-robin tournament. The $60-per-person fee includes tournament fees, boxed lunch and beverage, and prizes. Please check the appropriate box on the registration form.
Ice Cream Afternoon Social
Saturday, July 23, 2:00-3:30 p.m.
Sponsored by Prime Clerk
I scream, you scream, we all scream for ice cream! Make your own sundae, and enjoy the sweet side of summer at this family-friendly social. This event is $20 per person.
Ritz Kids®
The Ritz-Carlton, Amelia Island offers the Ritz Kids® program, an exclusive supervised children’s program designed specifically for children ages 5-12. The Ritz Kids® program allows parents to play while children stay with trained and certified counselors. Each counselor is certified in infant, child and adult CPR, basic first aid and water safety. The staff takes extra care to ensure that each child enjoys a positive, rewarding experience in the Ritz Kids® program. The Full-Day Program takes place Thursday through Saturday from 9:00 a.m.-4:00 p.m. and includes juice, snacks and lunch. The program fee is $75 for the first child and $70 for each additional child. The Half-Day Program includes juice and snacks and is available Thursday through Sunday mornings from 9 a.m.-12 noon and Thursday through Saturday afternoons from 1:00-4:00 p.m. The half-day program fee is $55 for the first child and $50 for each additional child. An optional lunch may be included for an additional $15. 24-hour advance reservations are requested. Cancellations must be received within four hours of the program start time, or full charges will be applied to the guest account. To make reservations, please call Ritz Kids at (904) 321-5013.
To view the full program brochure, click here
Workshop Chairs
Hon. John E. Waites, Judicial Chair
U.S. Bankruptcy Court (D. S.C.); Columbia
Soneet R. Kapila, Co-Chair
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Nancy J. Whaley, Co-Chair
Standing Chapter 13 Trustee (N.D. Ga.); Atlanta
2016 Advisory Board
Eric W. Anderson
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
David K. Bowsher
Adams and Reese LLP; Birmingham, Ala.
Christine E. Brimm
Barton Law Firm; Columbia, S.C.
Jeffery W. Cavender
Troutman Sanders LLP; Atlanta
Robert A. Cox, Jr.
Bradley Arant Boult Cummings LLP; Charlotte, N.C.
Melissa Jane Davey
Stites & Harbison, PLLC; Atlanta
Jane Harris Downey
Moore Taylor Law Firm; West Columbia, SC
Curt S. Friedberg
GGG Partners, LLC; Atlanta
Robert C. Furr
Furr & Cohen, P.A.; Boca Raton, Fla.
Craig M. Geno
Law Offices of Craig M. Geno, PLLC; Ridgeland, Miss.
Leanne Gould
HDH Advisors, LLC; Atlanta
Elizabeth A. Green
BakerHostetler; Orlando, Fla.
James Hadfield
Guggenheim Securities, LLC; Atlanta
Kevin D. Heard
Heard Ary, LLC; Huntsville, Ala
John B. Hutton
Greenberg Traurig, LLP; Miami
James R. Irving
Bingham Greenebaum Doll LLP; Louisville, Ky.
Kristina M. Johnson
Jones Walker LLP; Jackson, Miss.
Joe A. Joseph
Burr & Forman LLP; Nashville, Tenn.
W. Austin Jowers
King & Spalding; Atlanta
Jennifer B. Kimble
Rumberger Kirk & Caldwell; Birmingham, Ala.
Frank B.B. Knowlton
Nelson Mullins Riley & Scarborough, LLP; Columbia, S.C.
Stephanie Crane Lieb
Trenam Law; Tampa, Fla.
Justin Little
Reynolds, Reynolds & Little, LLC, Tuscaloosa, AL
John H. Maddock, III
McGuireWoods LLP; Richmond, Va.
Jennifer M. McLemore
Christian & Barton, LLP; Richmond, Va.
Jennifer M. Meyerowitz
Epiq Systems, Inc.; Atlanta
Lance T. Miller
Deloitte CRG; Atlanta
Christine L. Myatt
Nexsen Pruet; Greensboro, N.C.
Edward J. Peterson, III
Stichter, Riedel, Blain & Prosser, P.A.; Tampa, Fla.
Ashley S. Rusher
Stichter, Riedel, Blain & Postler, P.A.; Winston-Salem, N.C.
Lisa Schiller
McGlinchey Stafford, PLLC; Ft. Lauderdale, Fla.
Michael L. Schuster
Genovese Joblove & Battista, P.A.; Miami
J. Ellsworth Summers, Jr.
Rogers Towers, PA; Jacksonville, Fla.
Charles W. Throckmorton
Kozyak Tropin & Throckmorton, P.A.; Miami
David A. Wender
Alston & Bird LLP; Atlanta
David B. Wheeler
Moore & Van Allen PLLC; Charleston, S.C.
Rory D. Whelehan
Womble Carlyle Sandridge & Rice, LLP; Greenville, S.C.
Melissa A. Youngman
Melissa A. Youngman, P.A.
To view the full program brochure, click here
Conference Information
Hotel
In the Ritz-Carlton tradition of elegance and unparalleled service, the top-rated Ritz-Carlton, Amelia Island is one of the finest getaways in the world. Nestled at the edge of a 13-mile beach along the Atlantic Ocean, this resort offers beachfront horseback riding, wave runners, ocean kayaks, indoor and outdoor pools, whirlpools and spa service, as well as golf and tennis. ABI has arranged a special conference rate of $309 single/double per night for Coastal View rooms. A limited number of Oceanfront Suites and Club Coastal rooms are also available to conference attendees at a rate of $459 per night (Oceanfront Suite) and $499 per night (Club Coastal). Make your reservations by June 20, 2016, to reserve these special rates. You will receive a special room reservation link after you have registered with ABI. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the June 20 cut-off or after the specially rated ABI block has been filled. The hotel will sell out, so please make your reservations accordingly.
Spa Discount: The Ritz-Carlton is graciously offering Workshop attendees a 10% discount off spa treatments of 60 minutes or longer, as well as 10% off retail products in the spa boutique. Since the spa sells out on a daily basis, please contact the spa in advance at (904) 277-1087 to receive the 10% group discount by letting a spa concierge know you that are with the American Bankruptcy Institute 2016 Southeast Bankruptcy Workshop.
Continuing Education Credit
12 hours of general CLE credit, including 1.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 14 hours of general 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 in the amount of 12 hours, of which 1.5 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 14 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 14 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 in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. 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 more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 June 30, 2016. No refunds will be granted after June 30, but substitutions will be allowed. After June 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 this same conference next year.
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exam at The Ritz-Carlton, Amelia Island on Thursday, July 21, 2016, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
American Board of Certification Exams
Thursday, July 21, 2016, 9:00 a.m.-5:00 p.m. at The Ritz-Carlton, Amelia Island
Call (319) 365-2222 or e-mail [email protected]___Consumer Bankruptcy Exam
___Business Bankruptcy Exam
___Creditors’ Rights Exam ($125 exam fee)
Make check payable to: American Board of Certification and return with this clipping to: American Board of Certification, The American Building, 4403 1st Avenue SE, Suite 113, Cedar Rapids, IA 52402
___ Credit Card (Charge to acct. no. provided for conference)
A short form application and fee ($495) are also required prior to the exam. Please go to www.abcworld.org if you have not submitted the application.
To view the full program brochure, click here
Premium Sponsors
ABTV
Adams and Reese LLP
Alvarez & Marsal
BakerHostetler
Bass, Berry & Sims PLC
Bingham Greenebaum Doll LLP
BMS
Burr & Forman LLP
Deloitte
Furr & Cohen, PA
Gavin/Solmonese LLCGenovese Joblove & Battista, P.A.
GGG Partners, LLC
GlassRatner Advisory & Capital Group LLC
Greenberg Traurig, LLP
Guggenheim Securities
Heritage Equity Partners
King & Spalding
McGuireWoods LLP
Moore & Van Allen PLLC
Nelson Mullins Riley & Scarborough LLP
Nexsen Pruet
Parker, Hudson, Rainer & Dobbs LLPProtiviti Inc.
Qorval, LLC
Reynolds, Reynolds & Little, LLC
Rumberger Kirk & Caldwell
Signature Bank
Stichter, Riedel, Blain & Postler, P.A.
Troutman Sanders LLP
Winston & Strawn LLPWomble Carlyle Sandridge & Rice, LLP
Patron Sponsors
CourtCall, LLP
Christian & Small, LLP
FTI Consulting, Inc.
International Sureties, Ltd.
Jones Walker LLP
Kozyak Tropin Throckmorton, LLPManion Gaynor & Manning, LLC
McGlinchey Stafford PLLC
Prime ClerkShumaker, Loop & Kendrick, LLP
Supporting Sponsors
Alston & Bird LLP
Blanco Tackaberry & Matamoros, P.A.
Bryan Cave LLP
Carl Marks & Co. Inc.Craig M. Geno, PLLC
Heard, Ary & Dauro, LLC
KapilaMukamal, LLP
Kilpatrick Townsend & Stockton LLP
Markowitz Ringel Trusty + Hartog, P.A.
Morris James LLP
Thompson HineTitle XI Software Solutions
Trenam Law
Ver Ploeg & Lumpkin, P.A.Special Thanks
We extend our special thanks to Alvarez & Marsal for the educational materials on USB drives, Bloomberg BRIEF for the media partnership, Donlin, Recano & Company, Inc. for the conference app, Heritage Equity Partners for the printed pocket agendas, KapilaMukamal, LLP and Morris James LLP for the daily e-newsletter, King & Spalding for the conference lanyards, Sherwood Partners Inc./agencyIP for sponsoring the exhibit hall, Signature Bank for the conference wi-fi, Thomson Reuters for the printed educational materials, Trenam Law for the cell-phone charging station and Wilmington Trust for the tote bags.
To view the full program brochure, click here
Rates
Registration Rates Early
(postmarked by 4/29/16)Regular
(4/30/16-6/24/16)Late
(after 6/24/16)ABI Member$620$670$720ABI Govt./Nonprofit/Aca. Member$420$470$520New ABI Member*$895$945$995New Govt./Nonprofit/Aca. ABI Member**$515$565$615* There will be a $50 fee added to all on-site registrations.
** Includes a one-year ABI membership for first-time members — a $295 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.
Exhibitor Rates
ABI Member Exhibitor Registration***$1,600New ABI Member Exhibitor Registration****$1,895Additional Booth Representative$300*** Includes one 6’ table and full registration for one booth representative.
**** Includes one 6’table, full registration for one booth representative AND one-year ABI membership.
Optional Events Rates
Opening ReceptionGuestChild (12 and under)
$0$50$25S’Mores and Stars Evening SocialGuestChild (12 and under)
$0$15$10Golf TournamentHandicap ________$195ABI Golf TourHandicap ________$195Paint PartyGuest$60$60Sparkling Wine Afternoon Social$45Tennis Tournament$60Ice Cream Afternoon Social
GuestChild (12 and under)$0
$20
$20
Beach Bash
GuestChild (12 and under)$50
$65
$35
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.
To view the full program brochure, click here
Event Information 238537
Thursday, July 14
2:00 p.m.
ABI Registration Desk and Exhibit Hall Open
5:00-6:00 p.m.
Emerging Leaders and Judges Roundtable (invite only)
Private roundtable for up-and-coming insolvency professionals and the judges in attendance.
6:00-7:30 p.m.
Opening Reception
Sponsored by Choate Hall & Stewart LLP, Duane Morris LLP and Nixon Peabody LLP
Bar sponsored by Sullivan & WorcesterFriday, July 15
6:30-7:30 a.m.
Breakfast
Sponsored by Murtha Cullina LLP and WilmerHale
7:30-9:05 a.m.
Plenary Session
Practicing in the Limelight: The Challenges Faced in Cases Involving High-Profile Debtors
Representing public figures whose livelihoods depend on their public image and in remaining in the public eye, or individuals thrust into the public eye by perceived scandal, presents particular challenges to their bankruptcy lawyers. Flamboyance tends to catch the eye of judges and creditors, as well as fans and entertainment reporters. Scandal is a national pastime, so high-profile debtors catch the eyes of everybody. Representing creditors in those cases, and managing their expectations when outward appearances suggest no shortage of resources either because fame is equated with fortune or preservation of ill-gotten gains is presumed, also presents its own set of challenges. This multimedia session will be presented by lawyers who have lived through some of the highest-profile cases of recent years, and includes counsel in cases involving those who sought out the limelight, such as 50 Cent, Mike Tyson and Bob Guccione, and those who were thrust into it, such as David Drumm of Anglo-Irish Bank.
Robert J. Feinstein, Moderator
Pachulski Stang Ziehl & Jones LLP; New York
James Berman
Zeisler & Zeisler, P.C.; Bridgeport, Conn.
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Kristin B. Mayhew
McElroy, Deutsch, Mulvaney & Carpenter, LLP; Southport, Conn.
Francis C. Morrissey
Morrissey, Wilson & Zafiropoulos LLP; Braintree, Mass.
9:15-9:30 a.m.
Coffee Break
Sponsored by Murphy & King, PC
9:30-10:45 a.m.
Business Track Sessions (4)
“Sub Rosa Plans”: Their Impact in, and Provision of a Potential Alternate Exit Strategy from, Chapter 11
This program will explore the boundaries of the sub rosa plan doctrine in a variety of contexts potentially arising in chapter 11 cases. The focus will be on efforts to resolve the relationship of the debtor to all or many of its creditor constituencies and equity-holders that arguably deviate from the priority and procedural schemes of the Bankruptcy Code. Included among the areas examined will be (1) secured creditor/acquirer carve-out and/or gifting agreements, (2) structured dismissals following § 363 sales, (3) settlements of significant or global controversies, (4) lock-up and plan-support agreements, and (5) significant distribution or settlement arrangements made in the context of DIP financing or asset sales made jointly with nondebtor parties.
Adrienne K. Walker, Moderator
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; Boston
Christopher M. Candon
Sheehan Phinney Bass + Green PA; Manchester, N.H.
Hon. Edward A. Godoy
U.S. Bankruptcy Court (D. P.R.); San Juan
William R. Moorman, Jr.
Partridge Snow & Hahn LLP; Boston
Financial Advisory Panel: Curing the Cause and Not Just Treating the Symptoms — How to Fix the Business Issues and Not Just Adjust the Balance Sheet
The Bankruptcy Code offers a variety of means for addressing balance-sheet issues. Its provisions for dealing with the operational issues that caused those balance-sheet problems are more limited, however. This session will discuss the diagnostic tools available to identify operational problems, with a particular focus on the primary methodology generally used by financial professionals: the “operational review.” Rather than just addressing the symptoms, an operational review primarily focuses on the root causes of a distressed/insolvent company, and provides an outline for action plans that management and the turnaround team can execute in the recovery process. The session will also address the legal and financial issues that should be considered and resolved in dealing with some of the most often-seen problems, which frequently include stale management, poor strategy, a lack of productivity focus, and deficient information infrastructure. The panel will discuss such implementation-process issues as severance and other employment issues presented in offloading stale management, as well as board fiduciary duty issues arising from receiving the results of the operational review and addressing, or not addressing, the issues identified. The panel seeks to discuss the best ways to effectively restore companies and enhance cash flow beyond the traditional and common expense-cutting methods.
Mark F. Stickney, Moderator
Spinglass Management Group, LLC; Portland, Maine
Leslie Ann Berkoff
Moritt Hock & Hamroff LLP; Garden City, N.Y.
William H. Henrich
Getzler Henrich & Associates LLC; New York
Hon. Julie A. Manning
U.S. Bankruptcy Court (D. Conn.); New Haven
Walter P. Schuppe
CapitalSource Finance LLC; Farmington, Conn.
Small Commercial Chapter 11 Panel: A Decent Burial — Winding Up the Small Business Debtor
In the Massachusetts economy of the 21st century, insolvency professionals are increasingly called upon after it is too late to save a small business. Thus, our practice is increasingly liquidation-focused, requiring the professional to seek to engage in a process that both tightly controls cost and maximizes value. This panel will explore some of the challenges faced in this area, and will focus on such topics as developments in out-of court liquidations (ABCs, self-managed liquidations and other possible structures), setting up a sale process and the prospects for a viable auction, disposition of intellectual property (particularly where the IP portfolio is of limited value) and other unique assets such as liquor licenses, the liquidation of nonprofit debtors, and the possible use of chapter 7 as an effective disposition tool.
Hon. Diane Finkle
U.S. Bankruptcy Court (D. R.I.); Providence
Michael J. Goldberg
Casner & Edwards, LLP; Boston
John G. Loughnane
Nutter McClennen & Fish LLP; Boston
David Peress
Hilco Streambank, LLC; Dedham, Mass
Robert P. Wexler
The Tron Group; Boston
Emerging Professionals Panel: Show Me the Money — Understanding, Structuring and Getting Approval for Debtor-in-Possession Financing
This panel will explore DIP issues in a chapter 11 case and is intended to provide both fundamental information and an overview of emerging issues, including: What is the primary analysis that needs to be undertaken? How do you assess a 13-week cash flow? Who are your potential lenders, and what are the potential terms? What are the pitfalls and areas of concern for other parties in interest, the U.S. Trustee and the court?
Natalie B. Sawyer, Moderator
U.S. Bankruptcy Court (D. Mass.); Springfield
Eric A.W. Danner
Deloitte CRG; Boston
Julia Frost-Davies
Morgan, Lewis & Bockius LLP; Boston
Anne Marie Dirsa
Office of the U.S. Trustee; New York
D. Ethan Jeffery
Murphy & King, PC; Boston
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn
Consumer Track
A Collision Between Two Worlds: Estate Planning vs. Bankruptcy
This panel will explore the conflicts of law between estate planning and bankruptcy. Debtor’s counsel, beware: Life estate, remainder interest, trust or power of attorney may not be safe in bankruptcy. The panel will examine recent bankruptcy cases addressing the validity of estate-planning techniques designed to protect assets that then wreak havoc on pre-bankruptcy planning, timing and chapter selection and that can have significant implications on debtors and their nonfiling family members.
Donald R. Lassman, Moderator
Law Office of Donald R. Lassman; Needham, Mass.
Nadine Champagne
Law Office of Nadine Champagne; Roslindale, Mass.
Hon. Michael A. Fagone
U.S. Bankruptcy Court (D. Me.); Bangor
Nancy H. Michels
Parnell, Michels & McKay, PLLC; Londonderry, N.H.
10:45-11:00 a.m.
Coffee Break
Sponsored by Goulston & Storrs PC
11:00 a.m.-12:15 p.m.
Business Track Sessions (4)
Current Issues in Oil and Gas Bankruptcies
Oil, gas and energy are the hottest areas in bankruptcy right now. As this is an industry that suffers from volatile market conditions, with its earnings linked to ever-depleting reserves, companies involved in or dependent on the exploration, development and production of oil and gas present unique issues for the bankruptcy practitioner. This panel will include the viewpoints of legal professionals from both the debtor and the creditor sides, an economist focused on the oil and gas sector, and a trust administrator with a large energy portfolio under management. The presentation will start with an introduction to oil and gas chapter 11 cases, identifying the players, the lexicon and the deal documents. The focus will then turn to the impact of the Bankruptcy Code on title to oil and gas interests, liens that can interfere with the estate’s rights, determination about whether oil and gas industry contracts are executory contracts (including assumption or rejection of midstream gathering agreements and oil and gas leases), the impact of § 541(b)(4) provisions that exclude from property of the estate certain rights of holders of farmed-out agreements and production payments, and plugging and abandonment obligations. Finally, the panel will discuss how the industry got to its present state, its outlook going forward, and how market turmoil has impacted related sectors such as power generation.
Richard C. Pedone, Moderator
Nixon Peabody LLP; Boston
Erica J. Goodstein
American Stock Transfer & Trust Company, LLC; Brooklyn, N.Y.
Kenneth W. Grant II
Compass Lexecon; Boston
Robert W. Jones
Holland & Knight LLP; Dallas
Claims Litigation in Bankruptcy
This session will cover a variety of topics related to litigating claims in bankruptcy. It will explore both strategic considerations behind and the mechanics of asserting and contesting claims. Starting with the necessity and wisdom, or lack thereof, of filing proofs of claim, the program will go on to discuss the need for and sufficiency of supporting documentation, the mechanics of objecting to claims, the initial and shifting burdens of proof when a claim is contested, and the best practices in litigating contested claims from both the claimant and the estate representatives’ perspectives. The program will also cover issues regarding limitations on a bankruptcy court’s authority to adjudicate claims, estimation of claims and/or temporary allowance of claims, and late-filed claims, including the overlay of other nonbankruptcy statutes on such claims, most notably the recent case law relating to the impact of the Fair Debt Collections Practices Act on late or expired claims.
Keri L. Wintle, Moderator
Duane Morris LLP; Boston
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
William S. Gannon
William S. Gannon, PLLC; Manchester
Kenneth S. Leonetti
Foley Hoag LLP; Boston
Jessica A. Lewis
Bernstein Shur; Portland
Cutting-Edge Chapter 11 Plan Issues
This program will explore current hot-button topics relating to the drafting and confirmation of chapter 11 plans. The issues discussed will including drafting to accommodate, as well as to either encourage or discourage § 1111(b) elections, and the strategy of holders of secured claims in either making or not making that election. It will also include a discussion of third-party releases and injunctions, using recent cases in the First Circuit to illustrate when such releases are, and are not, appropriate. Finally, the panel will explore the tension between class-skipping carve-outs or “gifts” and the requirements of confirmation, how to deal with corporate debt defined by § 1141(d)(6) as being not dischargeable, compensation of committee members and the role of existing equity.
Benjamin W. Loveland, Moderator
WilmerHale; Boston
Hon. Christopher J. Panos
U.S. Bankruptcy Court (D. Mass.); Boston
William P. Weintraub
Goodwin Procter LLP; New York
Amy A. Zuccarello
Sullivan & Worcester; Boston
International Aspects of U.S. Bankruptcy Cases: Is a U.S. Bankruptcy Court the Proverbial Roaring Deaf Lion in the International Forest?
This panel will explore the breadth and limitations of U.S. Bankruptcy Code and U.S. bankruptcy court reach in the international community. There will be no discussion of chapter 15; rather, the panel will cover such issues as whether it is possible for a debtor to create jurisdiction in the U.S., and if so, whether it can and should maintain that jurisdiction. The panel will use recent cases in the maritime industry, such as Excel Maritime, General Maritime and TMT Procurement, as well as in the hospitality industry, such as Baha Mar and Scrub Island, to explore the reach of U.S. jurisdiction and the practical limitations imposed on a debtor and a court when a subset of the creditors do not care, and have little reason to be concerned about, what the Bankruptcy Code or a U.S. bankruptcy court order says. The panel will also consider the practical limitations imposed by cross-border issues in cases where there is undeniably U.S. jurisdiction, including what “critical foreign vendor” relief might be available even in U.S. courts that reject the critical-vendor doctrine, whether it is possible for a chapter 7 trustee to realize value from offshore assets, and whether the automatic stay, avoidance powers and free-and-clear orders have any practical impact in the international arena.
Daniel J. Saval, Moderator
Brown Rudnick LLP; New York
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP; New York
Robert G. Burns
Bracewell LLP; New York
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Manchester
Grant Lyon
KRyS Global; New York
Consumer Track
Many Unhappy Returns: Another Hanging Paragraph Creates a Trap for Consumer Bankruptcy Lawyers
When is a tax return not a tax return? Bankruptcy can be very useful when seeking to discharge personal income tax obligations, but if the return has not been filed on time, dischargeability may be in jeopardy. Many courts have addressed this issue and have issued widely divergent views, including the First Circuit’s strict interpretation of what constitutes a tax return as announced by the majority in In re Fahey. This panel will focus on the development of the case law in the First Circuit, the information you must obtain from the taxing authority to determine when a tax return has been filed, what constitutes a return, and strategies to employ in the event that the tax return your client filed is defective and the taxes reported on that return are nondischargeable.
Anthony J. Manhart, Moderator
PretiFlaherty; Portland, Maine
Carl D. Aframe
Aframe & Barnhill, P.A.; Worcester, Mass.
Hon. Mildred Caban
U.S. Bankruptcy Court (D.P.R.); San Juan
Celine E. de la Foscade-Condon
Department of Revenue (D. Mass.); Boston
1:00 p.m.
Optional Events
Golf Tournament
Tennis Tournament
Sponsored by Huron Consulting Group
Tour de ABI
Sponsored by Goodwin Procter LLP
2:00 p.m.
Optional Event
Horseback Riding
Sponsored by Phoenix Management Services
5:00-6:00 p.m.
New Addition: Judicial And Legislative Responses To Puerto Rico’s Struggle To Allocate Scarce Financial Resources Between Bond Debt And Governmental Services
Puerto Rico is burdened by over $70 billion in debt, as well as approximately $35 billion in pension underfunding. Once the U.S. House of Representatives passed H.R. 5278, the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA), in early June and the Senate passed it on June 29, 2016, President Obama signed the bill immediately — and just in time to address a $1.9 billion payment that was due on July 1, 2016. PROMESA offers relief to Puerto Rico, its municipalities and municipal agencies following a 10-year economic recession. This panel will describe the circumstances that led to the financial crisis, the failed effort of the Puerto Rican government to offer relief through a "state" statute that was found to be unconstitutional by the Supreme Court, and the details of how PROMESA is designed to work. The session will provide an opportunity to discuss these issues in a casual setting, including the way forward for Puerto Rico, and features a panelist who served as Hon. Steven Rhodes' expert on feasibility issues in the City of Detroit chapter 9 case.
Hon. Frank J. Bailey, Moderator
U.S. Bankruptcy Judge, (D. Mass.); Boston
Hon. Mildred Caban
U.S. Bankruptcy Judge (D. P.R.); San Juan
Marti E.M. Kopacz
Phoenix Management Services, Boston
7:00-9:30 p.m.
Friday Dinner
Dinner and Entertainment sponsored by Posternak Blankstein & Lund LLP; Neubert Pepe& Monteith PC; Pullman & Comley LLC; Reid and Reige PC; Updike Kelly Spellacy PC; Zeisler & Zeisler PC
Bar sponsored by Verdolino & Lowey, P.C.9:00 p.m.
Mountainside Bonfire
Sponsored by Devine Millimet
Saturday, July 16
6:30-7:50 a.m.
Breakfast
Sponsored by Bernstein Shur and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
7:50-8:50 a.m.
Plenary Session
How to Attract Clients and Referrals in a Down Market: Advice from a Law Firm Marketing Expert
Commercial chapter 11 has suffered double-digit percentage decreases in in the number of filings in each of the past three years. This plenary session will be conducted by a law firm marketing expert, who will provide advice on obtaining market share in a down market. Jim Durham, chief marketing and business development officer at Littler Mendelson and author of The Essential Little Book of Great Lawyering and The Law Firm Marketer’s Guide to Survival, will provide marketing advice, including getting known, getting referrals, maximizing client satisfaction and increasing profit.
James Durham
Littler Mendelson P.C.; Boston
9:00-9:15 a.m.
Coffee Break
Sponsored by Partridge Snow & Hahn LLP
9:15-10:30 a.m.
Business Track Repeat Sessions (4)
Current Issues in Oil and Gas Bankruptcies
Claims Litigation in Bankruptcy
Cutting-Edge Chapter 11 Plan Issues
International Aspects of U.S. Bankruptcy Cases: Is a U.S. Bankruptcy Court the Proverbial Roaring Deaf Lion in the International Forest?
Consumer Track
The Ethics Trifecta: How to Avoid Sanctionable Lawyer Behavior, Crossing the Line in Pre-Petition Planning, and Dangerous Conflicts of Interest
Join us as we explore three complicated areas of ethics that all attorneys should be wary of. First, we will discuss examples of sanctionable lawyer behavior and when that behavior can result in a law firm being sanctioned. Second, some pre-petition planning is necessary, obvious and required in order to advance your clients’ interests, but some planning can cross the line between permissible advocacy and fraud. How do you know where the line is so that you can represent your client to the best of your abilities and avoid trouble? Lastly, some conflicts are clear, while others are more nuanced. This panel delves into the duties regarding perilous conflicts, and steps you can take to make sure you comply with the appropriate rules of professional responsibility while still representing the best interests of the client.
Tanya Sambatakos, Moderator
Molleur Law Office; Biddeford, Maine
Hon. Peter G. Cary
U.S. Bankruptcy Court (D. Me.); Portland
Jonathan R. Goldsmith
Goldsmith, Katz & Argenio, P.C.; Springfield, Mass.
William K. Harrington
Office of the U.S. Trustee; New York
10:30-10:45 a.m.
Coffee Break
Sponsored by Hinckley Allen
10:45 a.m.-12:00 noon
Business Track Repeat Sessions (4)
“Sub Rosa Plans”: Their Impact in, and Provision of a Potential Alternate Exit Strategy from, Chapter 11
Financial Advisory Panel: Curing the Cause and Not Just Treating the Symptoms — How to Fix the Business Issues and Not Just Adjust the Balance Sheet
Small Commercial Chapter 11 Panel: A Decent Burial — Winding Up the Small Business Debtor
Emerging Professionals Panel: Show Me the Money — Understanding, Structuring and Getting Approval of Debtor-in-Possession Financing
Consumer Track
Keeping that Simple No-Asset Case a No-Asset Case: Recent Areas of Chapter 7 Trustee Activity
Debtors and their counsel want a smooth, quick chapter 7 experience and discharge: a simple no-asset case that will proceed promptly through a short, uneventful first meeting of creditors, to discharge and case closing in a matter of a few months. The chapter 7 trustee stands in the way, though, as he/she looks for discharges to deny and assets to pay creditors. Forewarned is forearmed: This seminar will explore recent skirmishes in the struggle between the impecunious and their trustees, including the important areas of homestead exemption and mortgage-lien avoidance, avoidance of large pre-filing family expense payments, and nondisclosure issues.
Janet J. Goldman, Moderator
Janet J. Goldman, Attorney at Law; Warwick, R.I.
Joseph H. Baldiga
Mirick O’Connell; Westborough, Mass.
Hon. J. Michael Deasy (ret.)
U.S. Bankruptcy Court (D. N.H.); Manchester
Edmond J. Ford
Ford & McPartlin, P.A.; Portsmouth, N.H.
12:30 p.m.
Optional Event
Mt. Washington Cog Railway Ride
Sponsored by Ruberto, Israel & Weiner, P.C.
1:00 p.m.
Optional Event
Canopy Tour/Zip-Line Adventure
Sponsored by Brown Rudnick LLP
2:00 p.m.
Optional Event
Horseback Riding
Sponsored by Phoenix Management Services and Sheehan Phinney Bass + Green PA
4:00-5:15 p.m.
Mountainside Chat
The Ethics of Getting Hired
This year’s mountainside chat will address recent developments in the requirements for employment of disinterestedness, disclosure and disqualification. It will focus on two recent decisions relating to the extent to which a lack of disinterestedness or the presence of an ethical conflict of one firm member is, or is not, imputed on others within the same firm, and whether there is a difference between the two. The discussion will also address different views expressed by courts on the impact of receipt of a retainer, outstanding obligations for pre-petition services, and the potential for avoidance of pre-petition payments.
Roger A. Clement, Moderator
Verrill Dana LLP; Portland, Maine
Hon. J. Michael Deasy (ret.)
U.S. Bankruptcy Court (D. N.H.); Manchester
Prof. Ingrid Michelsen Hillinger
Boston College Law School; Newton, Mass.
6:00-7:00 p.m.
Sponsor Reception (invite only)
Sponsored by Foley Hoag LLP and Spinglass Management Group, LLC
7:00-10:00 p.m.
Saturday BBQ
Sponsored by Deloitte CRG and Ropes & Gray LLP
Entertainment sponsored by Moritt Hock & Hamroff LLPSunday, July 17
7:00-8:30 a.m.
Breakfast
Sponsored by Gavin/Solmonese LLC
8:30-10:00 a.m.
Plenary Session
Appealing Propositions: Everything You Need to Know About Bankruptcy Appeals
This plenary session will be conducted by appellate judges, appellate clerks and appellate practitioners. It will start by exploring the types of bankruptcy court orders that can be appealed, those that cannot, and — no matter which category your order falls into — how to obtain appellate court review, and win once you do. The panel will start with a discussion of the final-order rule and a review of interlocutory orders, including the effect of the Supreme Court’s decision in Bullard. It will then address mechanics, such as ways to obtain leave to appeal, who can appeal from bankruptcy court orders, appellate standing, and where appeals go. Next, the discussion will turn to appellate options, including the differences between the district court and the BAP, and procedures for direct appeals to the circuit. Finally the panel will turn to strategic considerations, including whether and how to obtain a stay pending appeal, standards of review and procedures, and — most importantly — how to win your appeal. The appellate judges and practitioners will offer their views on best practices for brief writing and conducting persuasive oral arguments in both intermediate appellate courts and the courts of appeals for appellants, appellees, and amicus curiae, as well as common errors to avoid in oral argument. Finally, the panel will discuss procedures for petitions for certiorari to the Supreme Court and, if you ever get there, what to expect.
Hon. Joan N. Feeney, Moderator
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Jeffrey R. Howard
First Circuit Court of Appeals; Boston
Mary P. Sharon
First Circuit Bankruptcy Appellate Panel; Boston
James M. Wilton
Ropes & Gray LLP; Boston
10:00 a.m.
Adjourn
Interested in sponsorship opportunities? Contact Jennifer Guirguis at [email protected]
Optional Events
Golf Tournament
Friday, July 15, 1:00 p.m.
Take your game to a higher level at the 18-hole, par 71, Donald Ross-designed Mount Washington Course. Participants of all skill levels are encouraged to join in the tournament. The $150-per-person fee includes boxed lunch, green fee and prizes. Please check the appropriate box on the registration form to play, and indicate your handicap. For those participating in the ABI Golf Tour, this is the third stop in the 2016 Tour. Please check the ABI Golf Tour box on the registration form to participate, and indicate your handicap.
Tennis Tournament
Friday, July 15, 1:00 p.m.
Sponsored by Huron Consulting Group
Participants of all skill levels are encouraged to play in the Tennis Tournament. The $35-per-person fee includes boxed lunch, court fee and prizes. Please check the appropriate box on the registration form to play.
Tour de ABI
Friday, July 15, 1:00 p.m.
Sponsored by Goodwin Procter LLP
Join us for the annual Tour de ABI bike ride as an expert biker, or opt to enjoy a guided bike ride around the area. The ride will begin after lunch. The $35-per-person fee includes a boxed lunch; the guided option is $50 per person, which includes guide, bike rental (if you need it) and boxed lunch. Please select the appropriate box(es) on the registration form.
Mt. Washington Cog Railway Ride
Saturday, July 16, 12:30 p.m.
Sponsored by Ruberto, Israel & Weiner, P.C.
Come take a ride on The Little Train that Could! Enjoy a three-hour round-trip ride up Mt. Washington on the world’s first mountain-climbing railway. Enjoy ever-changing surroundings, magnificent views, and some of the steepest railroad tracks in existence on one of the best railway journeys. Tickets are $60 for each adult and $30 for each child, and include a boxed lunch. Please check the appropriate box on the registration form.
Canopy Tour/Zip-Line Adventure
Saturday, July 16, 1:00 p.m.
Sponsored by Brown Rudnick LLP
This thrilling adventure will give you a bird’s eye view of scenic Rosebrook Canyon. The 3.5-hour tour consists of 10 cable zip-lines and two adventure sky bridges suspended 50 feet above the forest floor. Each zip-line varies in length, with a maximum span of 830 feet. The final thrill consists of a dual zip-line cable so you can race your friends or family members to the finish line! The $100-per-person fee includes a boxed lunch. Please check the appropriate box on the registration form.
Horseback Riding
Friday, July 15, 2:00 p.m. and Saturday, July 16, 2:00 p.m.
Sponsored by Phoenix Management Services and Sheehan Phinney Bass + Green PA
Take the reins and go for a ride through one of the most scenic areas you’ll ever visit. Riders must be at least 8 years old, unless given special permission by the stablemaster. The trail ride is one hour and limited to eight people. The cost for this event is $35 per rider. Please check the appropriate box on the registration form.
Interested in sponsorship opportunities? Contact Jennifer Guirguis at [email protected]
Northeast Bankruptcy Conference Co-Chairs
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Manchester
John J. Monaghan
Holland & Knight LLP
Elisa M. Sartori
Greenridge Financial Services LLC
Northeast Consumer Forum Co-Chairs
Shawn L. Doil
Perkins Thompson, P.A.
Donald R. Lassman
Law Office of Donald R. Lassman
Advisory Board
Patricia Antonelli
Partridge Snow & Hahn LLP
Janet E. Bostwick
Janet E. Bostwick, PC
Christopher M. Candon
Sheehan Phinney, Bass + Green PA
Paul W. Carey
Mirick O’Connell
Hon. Peter G. Cary
U.S. Bankruptcy Court (D. Maine)
Roger A. Clement
Verrill Dana LLP
Roma N. Desai
Bernstein Shur
Michael J. Epstein
Deloitte CRG
Michael J. Fencer
Jager Smith P.C.
Jeremy R. Fischer
Drummond Woodsum
Matthew R. Flynn
Verdolino & Lowey, P.C.
Julia Frost-Davies
Morgan, Lewis & Bockius LLP
Jay S. Geller
Law Office of Jay S. Geller
Michael J. Goldberg
Casner & Edwards, LLP
Douglas R. Gooding
Choate Hall & Stewart LLP
Eric A. Henzy
Reid and Riege, P.C.
D. Ethan Jeffery
Murphy & King, PC
Jeffrey L. Jonas
Brown Rudnick LLP
Gregory O. Kaden
Goulston & Storrs PC
Robert E. Kaelin
Murtha Cullina LLP
Marjorie Kaufman
Getzler Henrich & Associates LLC
Benjamin W. Loveland
WilmerHale
George J. Marcus
Marcus, Clegg & Mistretta, P.A.
Timothy J. Martin
Huron Consulting Group
William J. McLeod
U.S. Bankruptcy Court (D. Mass.)
Richard Mikels
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
James F. Molleur
Molleur Law Office
Paul D. Moore
Duane Morris LLP
William R. Moorman, Jr.
Partridge Snow & Hahn LLP
Guy B. Moss
Riemer & Braunstein LLP
Michael R. Nowlan
FTI Consulting, Inc.
Michael J. Pappone
Goodwin Procter LLP
Nina M. Parker
Parker & Associates
David T. Plastino
The Michel-Shaked Group
David Rychalsky
Capstone Partners LLC
Natalie B. Sawyer
U.S. Bankruptcy Court (D. Mass.)
Andrew Z. Schwartz
Foley Hoag LLP
Mackenzie L. Shea
K&L Gates LLP
Douglas S. Skalka
Neubert, Pepe & Monteith, P.C.
Daniel W. Sklar
Nixon Peabody LLP
Mark F. Stickney
Spinglass Management Group, LLC
Robert P. Wexler
The Tron Group
James M. Wilton
Ropes & Gray LLP
Interested in sponsorship opportunities? Contact Jennifer Guirguis at [email protected]
Conference Information
Hotel Accommodations
ABI has arranged for special conference rates of $382 single/$491 double per night at the Omni Mount Washington Resort; additional fees apply for additional room guests. All rates include full breakfast and dinner each night. To secure the special rates, hotel reservations must be made by June 6, 2016. Reservations may only be made once you have registered with ABI. Upon payment of the conference registration fees, you will receive a hotel reservation link to reserve your room. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Hotel Meal Plans/ABI Events: If you are staying at the Omni Mount Washington Resort, please remember that you are on a meal plan, which includes full breakfast and dinner each day in your room fees. Most ABI events are included in those fees. If you are not staying at any of the hotel’s properties, please let ABI know so we can arrange for you to eat at the ABI meal functions without being charged by the hotel. Please note: The Thursday night Opening Reception is not part of your meal plan, so you will need to arrange for dinner at the resort. Guest fees are additional for this reception.
Transportation
Auto: Bretton Woods is an easy drive from Portland, Manchester and Boston and is 5 hours from New York.
Air: The resort is located 95 miles from the Portland International Airport and about 110 miles from Manchester-Boston Regional Airport.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by June 23, 2016. No refunds will be made if notice is received after June 23, although substitutions will be allowed. After June 23, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
Northeast 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 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 1.25 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 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 1.5 hours of ethics, are also available.
Northeast Consumer Forum: Approval for approximately 7.5 hours of CLE credit, including 2.5 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 9 hours of CLE credit, including 3 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, of which 2.5 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 9 credit hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. 9 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 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 the full registration fee. 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 at least 50% reduction in the registration fee. For information on tuition assistance, send an e-mail to [email protected].
ABI Northeast Scholarship Program
Limited scholarship funds are available for those who cannot afford to attend the program. Please send your request for approval to Jennifer Guirguis at [email protected]. Space is limited.
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at the Omni Mount Washington Resort on Thursday, July 14, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
Interested in sponsorship opportunities? Contact Jennifer Guirguis at [email protected]
Benefactor
Bernstein Shur
BMS, Inc. (CA)
Brown Rudnick Berlack Israels LLP
Capstone
Casner & Edwards
Choate Hall & Stewart LLP
Deloitte CRG
Duane Morris, LLP
Foley Hoag LLP
Getzler Henrich & Associates LLC
Goodwin Procter
Goulston & Storrs PC
Hinckley Allen & Snyder
Mintz Levin Cohn Ferris Glovsky and Popeo PC
Moritt Hock & Hamroff LLP
Murphy & King, PCMurtha Cullina LLP
Neubert Pepe & Monteith PC
Nixon Peabody LLP
Partridge Snow & Hahn LLP
Posternak Blankstein & Lund LLP
Polsinelli
Preti Flaherty
Pullman & Comley LLC
Reid and Reige PC
Ropes & Gray LLP
Spinglass Mgmt. Group (Portland, ME)
Sullivan & Worcester LLP
Updike Kelly Spellacy PC
Verdolino & Lowey PC
Wilmer Hale
Zeisler & Zeisler PCPatron
Devine Millimet & Branch PA
Gavin/Solmonese
Greenridge Financial Services LLC
Holland & Knight
Mirick O'Connell
Phoenix Management Services
Riemer & Braunstein LLP
Ruberto Israel & Weiner PC
Sheehan Phinney Bass + Green PASponsors
Baker Newman Noyes
Bartlett Hackett Feinberg PC
Bowditch & Dewey LLP
Drummond Woodsum
Eaton Peabody
Gary W. Cruickshank, Law Office of
Marcus Clegg & Mistretta, PA
Morgan, Lewis & Bockius LLP
Morrissey, Wilson & Zafiropoulos LLP
Nutter McClennen & Fish LLP
Paul E. Sapperstein & Co.
Pearce & Dow LLC
Perkins Thompson, P.A.
Pierce Atwood LLP
Shatz, Schwartz & Fentin
Sternklar Law
Swiggart & Agin LLC
The Tron Group
Verrill Dana LLP
William S. Gannon, PLLCScholarship Fund Donors
Foley Hoag LLP
Mirick O'Connell
The Tron Group
Sternklar LawSpecial Thanks
Media Partnership: Bloomberg Brief
Conference App Sponsor: Donlin, Recano & Company, Inc.
“At-a-Glance” Sponsor: Getzler Henrich & Associates LLC
“Live at ABI” Sponsor: Getzler Henrich & Associates LLC
Cell Phone Charging Stations: Greenridge Financial Services LLC and Mirick O'Connell
Thumb Drives: Polsinelli
Conference Wifi: Preti Flaherty
Exhibit Hall Sponsor: Sherwood Partners, Inc. / agencyIP
Conference Educational Materials Sponsor: Thomson Reuters
Conference Tote Bags: Wilmington TrustInterested in sponsorship opportunities? Contact Jennifer Guirguis at [email protected]
Rates
Registration Rates Early
(postmarked by 4/29/16)Regular
(4/30/16-6/10/16)Late
(after 6/10/16)ABI Member$650$700$795ABI Govt./Nonprofit ABI Member$425$450$475New ABI Member*$925$975$1,070Govt./Nonprofit New ABI Member**$520$545$570* Includes a one-year ABI membership for first-time members — a $295 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.
* Registration includes meals, refreshment breaks, the Opening Reception, the Friday Dinner, the Saturday BBQ and the written materials.
Exhibitor Rates
ABI Member Exhibitor Registration***$1,600New ABI Member Exhibitor Registration****$1,895Additional Booth Representative$375*** Includes one 6’ table and full registration for one booth representative.
**** Includes one 6’table, full registration for one booth representative AND 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.
If you are interested in exhibiting, please contact Jennifer Guirguis at [email protected]
Event Information 238539
Thursday, July 14
2:00 p.m.
ABI Registration Desk and Exhibit Hall Open
5:00-6:00 p.m.
Emerging Leaders and Judges Roundtable (invite only)
Private roundtable for up-and-coming insolvency professionals and the judges in attendance.
6:00-7:30 p.m.
Opening Reception
Sponsored by Choate Hall & Stewart LLP, Duane Morris LLP and Nixon Peabody LLP
Bar sponsored by Sullivan & WorcesterFriday, July 15
6:30-7:30 a.m.
Breakfast
Sponsored by Murtha Cullina LLP and WilmerHale
7:30-9:05 a.m.
Plenary Session
Practicing in the Limelight: The Challenges Faced in Cases Involving High-Profile Debtors
Representing public figures whose livelihoods depend on their public image and in remaining in the public eye, or individuals thrust into the public eye by perceived scandal, presents particular challenges to their bankruptcy lawyers. Flamboyance tends to catch the eye of judges and creditors, as well as fans and entertainment reporters. Scandal is a national pastime, so high-profile debtors catch the eyes of everybody. Representing creditors in those cases, and managing their expectations when outward appearances suggest no shortage of resources either because fame is equated with fortune or preservation of ill-gotten gains is presumed, also presents its own set of challenges. This multimedia session will be presented by lawyers who have lived through some of the highest-profile cases of recent years, and includes counsel in cases involving those who sought out the limelight, such as 50 Cent, Mike Tyson and Bob Guccione, and those who were thrust into it, such as David Drumm of Anglo-Irish Bank.
Robert J. Feinstein, Moderator
Pachulski Stang Ziehl & Jones LLP; New York
James Berman
Zeisler & Zeisler, P.C.; Bridgeport, Conn.
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Kristin B. Mayhew
McElroy, Deutsch, Mulvaney & Carpenter, LLP; Southport, Conn.
Francis C. Morrissey
Morrissey, Wilson & Zafiropoulos LLP; Braintree, Mass.
9:15-9:30 a.m.
Coffee Break
Sponsored by Murphy & King, PC
9:30-10:45 a.m.
Consumer Track
A Collision Between Two Worlds: Estate Planning vs. Bankruptcy
This panel will explore the conflicts of law between estate planning and bankruptcy. Debtor’s counsel, beware: Life estate, remainder interest, trust or power of attorney may not be safe in bankruptcy. The panel will examine recent bankruptcy cases addressing the validity of estate-planning techniques designed to protect assets that then wreak havoc on pre-bankruptcy planning, timing and chapter selection and that can have significant implications on debtors and their nonfiling family members.
Donald R. Lassman, Moderator
Law Office of Donald R. Lassman; Needham, Mass.
Nadine Champagne
Law Office of Nadine Champagne; Roslindale, Mass.
Hon. Michael A. Fagone
U.S. Bankruptcy Court (D. Me.); Bangor
Nancy H. Michels
Parnell, Michels & McKay, PLLC; Londonderry, N.H.
10:45-11:00 a.m.
Coffee Break
Sponsored by Goulston & Storrs PC
11:00 a.m.-12:15 p.m.
Consumer Track
Many Unhappy Returns: Another Hanging Paragraph Creates a Trap for Consumer Bankruptcy Lawyers
When is a tax return not a tax return? Bankruptcy can be very useful when seeking to discharge personal income tax obligations, but if the return has not been filed on time, dischargeability may be in jeopardy. Many courts have addressed this issue and have issued widely divergent views, including the First Circuit’s strict interpretation of what constitutes a tax return as announced by the majority in In re Fahey. This panel will focus on the development of the case law in the First Circuit, the information you must obtain from the taxing authority to determine when a tax return has been filed, what constitutes a return, and strategies to employ in the event that the tax return your client filed is defective and the taxes reported on that return are nondischargeable.
Anthony J. Manhart, Moderator
PretiFlaherty; Portland, Maine
Carl D. Aframe
Aframe & Barnhill, P.A.; Worcester, Mass.
Hon. Mildred Caban
U.S. Bankruptcy Court (D.P.R.); San Juan
Celine E. de la Foscade-Condon
Department of Revenue (D. Mass.); Boston
1:00 p.m.
Optional Events
Golf Tournament
Tennis Tournament
Sponsored by Huron Consulting Group
Tour de ABI
Sponsored by Goodwin Procter LLP
2:00 p.m.
Optional Event
Horseback Riding
Sponsored by Phoenix Management Services
5:00-6:00 p.m.
New Addition: Judicial And Legislative Responses To Puerto Rico’s Struggle To Allocate Scarce Financial Resources Between Bond Debt And Governmental Services
Puerto Rico is burdened by over $70 billion in debt, as well as approximately $35 billion in pension underfunding. Once the U.S. House of Representatives passed H.R. 5278, the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA), in early June and the Senate passed it on June 29, 2016, President Obama signed the bill immediately — and just in time to address a $1.9 billion payment that was due on July 1, 2016. PROMESA offers relief to Puerto Rico, its municipalities and municipal agencies following a 10-year economic recession. This panel will describe the circumstances that led to the financial crisis, the failed effort of the Puerto Rican government to offer relief through a "state" statute that was found to be unconstitutional by the Supreme Court, and the details of how PROMESA is designed to work. The session will provide an opportunity to discuss these issues in a casual setting, including the way forward for Puerto Rico, and features a panelist who served as Hon. Steven Rhodes' expert on feasibility issues in the City of Detroit chapter 9 case.
Hon. Frank J. Bailey, Moderator
U.S. Bankruptcy Judge, (D. Mass.); Boston
Hon. Mildred Caban
U.S. Bankruptcy Judge (D. P.R.); San Juan
Marti E.M. Kopacz
Phoenix Management Services, Boston
7:00-9:30 p.m.
Friday Dinner
Dinner and Entertainment sponsored by Posternak Blankstein & Lund LLP; Neubert Pepe& Monteith PC; Pullman & Comley LLC; Reid and Reige PC; Updike Kelly Spellacy PC; Zeisler & Zeisler PC
Bar sponsored by Verdolino & Lowey, P.C.9:00 p.m.
Mountainside Bonfire
Sponsored by Devine Millimet
Saturday, July 16
6:30-7:50 a.m.
Breakfast
Sponsored by Bernstein Shur and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
7:50-8:50 a.m.
Plenary Session
How to Attract Clients and Referrals in a Down Market: Advice from a Law Firm Marketing Expert
Commercial chapter 11 has suffered double-digit percentage decreases in in the number of filings in each of the past three years. This plenary session will be conducted by a law firm marketing expert, who will provide advice on obtaining market share in a down market. Jim Durham, chief marketing and business development officer at Littler Mendelson and author of The Essential Little Book of Great Lawyering and The Law Firm Marketer’s Guide to Survival, will provide marketing advice, including getting known, getting referrals, maximizing client satisfaction and increasing profit.
James Durham
Littler Mendelson P.C.; Boston
9:00-9:15 a.m.
Coffee Break
Sponsored by Partridge Snow & Hahn LLP
9:15-10:30 a.m.
Consumer Track
The Ethics Trifecta: How to Avoid Sanctionable Lawyer Behavior, Crossing the Line in Pre-Petition Planning, and Dangerous Conflicts of Interest
Join us as we explore three complicated areas of ethics that all attorneys should be wary of. First, we will discuss examples of sanctionable lawyer behavior and when that behavior can result in a law firm being sanctioned. Second, some pre-petition planning is necessary, obvious and required in order to advance your clients’ interests, but some planning can cross the line between permissible advocacy and fraud. How do you know where the line is so that you can represent your client to the best of your abilities and avoid trouble? Lastly, some conflicts are clear, while others are more nuanced. This panel delves into the duties regarding perilous conflicts, and steps you can take to make sure you comply with the appropriate rules of professional responsibility while still representing the best interests of the client.
Tanya Sambatakos, Moderator
Molleur Law Office; Biddeford, Maine
Hon. Peter G. Cary
U.S. Bankruptcy Court (D. Me.); Portland
Jonathan R. Goldsmith
Goldsmith, Katz & Argenio, P.C.; Springfield, Mass.
William K. Harrington
Office of the U.S. Trustee; New York
10:30-10:45 a.m.
Coffee Break
Sponsored by Hinckley Allen
10:45 a.m.-12:00 noon
Consumer Track
Keeping that Simple No-Asset Case a No-Asset Case: Recent Areas of Chapter 7 Trustee Activity
Debtors and their counsel want a smooth, quick chapter 7 experience and discharge: a simple no-asset case that will proceed promptly through a short, uneventful first meeting of creditors, to discharge and case closing in a matter of a few months. The chapter 7 trustee stands in the way, though, as he/she looks for discharges to deny and assets to pay creditors. Forewarned is forearmed: This seminar will explore recent skirmishes in the struggle between the impecunious and their trustees, including the important areas of homestead exemption and mortgage-lien avoidance, avoidance of large pre-filing family expense payments, and nondisclosure issues.
Janet J. Goldman, Moderator
Janet J. Goldman, Attorney at Law; Warwick, R.I.
Joseph H. Baldiga
Mirick O’Connell; Westborough, Mass.
Hon. J. Michael Deasy (ret.)
U.S. Bankruptcy Court (D. N.H.); Manchester
Edmond J. Ford
Ford & McPartlin, P.A.; Portsmouth, N.H.
12:30 p.m.
Optional Event
Mt. Washington Cog Railway Ride
Sponsored by Ruberto, Israel & Weiner, P.C.
1:00 p.m.
Optional Event
Canopy Tour/Zip-Line Adventure
Sponsored by Brown Rudnick LLP
2:00 p.m.
Optional Event
Horseback Riding
Sponsored by Phoenix Management Services and Sheehan Phinney Bass + Green PA
4:00-5:15 p.m.
Mountainside Chat
6:00-7:00 p.m.
Sponsor Reception (invite only)
Sponsored by Foley Hoag LLP and Spinglass Management Group, LLC
7:00-10:00 p.m.
Saturday BBQ
Sponsored by Deloitte CRG and Ropes & Gray LLP
Entertainment sponsored by Moritt Hock & Hamroff LLPOptional Events
Golf Tournament
Friday, July 15, 1:00 p.m.
Take your game to a higher level at the 18-hole, par 71, Donald Ross-designed Mount Washington Course. Participants of all skill levels are encouraged to join in the tournament. The $150-per-person fee includes boxed lunch, green fee and prizes. Please check the appropriate box on the registration form to play, and indicate your handicap. For those participating in the ABI Golf Tour, this is the third stop in the 2016 Tour. Please check the ABI Golf Tour box on the registration form to participate, and indicate your handicap.
Tennis Tournament
Friday, July 15, 1:00 p.m.
Sponsored by Huron Consulting Group
Participants of all skill levels are encouraged to play in the Tennis Tournament. The $35-per-person fee includes boxed lunch, court fee and prizes. Please check the appropriate box on the registration form to play.
Tour de ABI
Friday, July 15, 1:00 p.m.
Sponsored by Goodwin Procter LLP
Join us for the annual Tour de ABI bike ride as an expert biker, or opt to enjoy a guided bike ride around the area. The ride will begin after lunch. The $35-per-person fee includes a boxed lunch; the guided option is $50 per person, which includes guide, bike rental (if you need it) and boxed lunch. Please select the appropriate box(es) on the registration form.
Mt. Washington Cog Railway Ride
Saturday, July 16, 12:30 p.m.
Sponsored by Ruberto, Israel & Weiner, P.C.
Come take a ride on The Little Train that Could! Enjoy a three-hour round-trip ride up Mt. Washington on the world’s first mountain-climbing railway. Enjoy ever-changing surroundings, magnificent views, and some of the steepest railroad tracks in existence on one of the best railway journeys. Tickets are $60 for each adult and $30 for each child, and include a boxed lunch. Please check the appropriate box on the registration form.
Canopy Tour/Zip-Line Adventure
Saturday, July 16, 1:00 p.m.
Sponsored by Brown Rudnick LLP
This thrilling adventure will give you a bird’s eye view of scenic Rosebrook Canyon. The 3.5-hour tour consists of 10 cable zip-lines and two adventure sky bridges suspended 50 feet above the forest floor. Each zip-line varies in length, with a maximum span of 830 feet. The final thrill consists of a dual zip-line cable so you can race your friends or family members to the finish line! The $100-per-person fee includes a boxed lunch. Please check the appropriate box on the registration form.
Horseback Riding
Friday, July 15, 2:00 p.m. and Saturday, July 16, 2:00 p.m.
Sponsored by Phoenix Management Services and Sheehan Phinney Bass + Green PA
Take the reins and go for a ride through one of the most scenic areas you’ll ever visit. Riders must be at least 8 years old, unless given special permission by the stablemaster. The trail ride is one hour and limited to eight people. The cost for this event is $35 per rider. Please check the appropriate box on the registration form.
Northeast Bankruptcy Conference Co-Chairs
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Manchester
John J. Monaghan
Holland & Knight LLP
Elisa M. Sartori
Greenridge Financial Services LLC
Northeast Consumer Forum Co-Chairs
Shawn L. Doil
Perkins Thompson, P.A.
Donald R. Lassman
Law Office of Donald R. Lassman
Advisory Board
Patricia Antonelli
Partridge Snow & Hahn LLP
Janet E. Bostwick
Janet E. Bostwick, PC
Christopher M. Candon
Sheehan Phinney, Bass + Green PA
Paul W. Carey
Mirick O’Connell
Roger A. Clement
Verrill Dana LLP
Roma N. Desai
Bernstein Shur
Michael J. Epstein
Deloitte CRG
Michael J. Fencer
Jager Smith P.C.
Jeremy R. Fischer
Drummond Woodsum
Matthew R. Flynn
Verdolino & Lowey, P.C.
Edmond J. Ford
Ford & McPartlin, P.A.
Julia Frost-Davies
Morgan, Lewis & Bockius LLP
Jay S. Geller
Law Office of Jay S. Geller
Michael J. Goldberg
Casner & Edwards, LLP
Janet J. Goldman
Janet J. Goldman, Attorney at Law
Douglas R. Gooding
Choate Hall & Stewart LLP
Eric A. Henzy
Reid and Riege, P.C.
D. Ethan Jeffery
Murphy & King, PC
Jeffrey L. Jonas
Brown Rudnick LLP
Gregory O. Kaden
Goulston & Storrs PC
Robert E. Kaelin
Murtha Cullina LLP
Marjorie Kaufman
Getzler Henrich & Associates LLC
Benjamin W. Loveland
WilmerHale
George J. Marcus
Marcus, Clegg & Mistretta, P.A.
Timothy J. Martin
Huron Consulting Group
William J. McLeod
U.S. Bankruptcy Court (D. Mass.)
Richard Mikels
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
James F. Molleur
Molleur Law Office
Paul D. Moore
Duane Morris LLP
William R. Moorman, Jr.
Partridge Snow & Hahn LLP
Guy B. Moss
Riemer & Braunstein LLP
Michael R. Nowlan
FTI Consulting, Inc.
Michael J. Pappone
Goodwin Procter LLP
Nina M. Parker
Parker & Associates
David T. Plastino
The Michel-Shaked Group
David Rychalsky
Capstone Partners LLC
Tanya Sambatakos
Molleur Law Office
Natalie B. Sawyer
U.S. Bankruptcy Court (D. Mass.)
Andrew Z. Schwartz
Foley Hoag LLP
Mackenzie L. Shea
K&L Gates LLP
Douglas S. Skalka
Neubert, Pepe & Monteith, P.C.
Daniel W. Sklar
Nixon Peabody LLP
Mark F. Stickney
Spinglass Management Group, LLC
Robert P. Wexler
The Tron Group
James M. Wilton
Ropes & Gray LLP
Conference Information
Hotel Accommodations
ABI has arranged for special conference rates of $382 single/$491 double per night at the Omni Mount Washington Resort; additional fees apply for additional room guests. All rates include full breakfast and dinner each night. To secure the special rates, hotel reservations must be made by June 6, 2016. Reservations may only be made once you have registered with ABI. Upon payment of the conference registration fees, you will receive a hotel reservation link to reserve your room. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Hotel Meal Plans/ABI Events: If you are staying at the Omni Mount Washington Resort, please remember that you are on a meal plan, which includes full breakfast and dinner each day in your room fees. Most ABI events are included in those fees. If you are not staying at any of the hotel’s properties, please let ABI know so we can arrange for you to eat at the ABI meal functions without being charged by the hotel. Please note: The Thursday night Opening Reception is not part of your meal plan, so you will need to arrange for dinner at the resort. Guest fees are additional for this reception.
Transportation
Auto: Bretton Woods is an easy drive from Portland, Manchester and Boston and is 5 hours from New York.
Air: The resort is located 95 miles from the Portland International Airport and about 110 miles from Manchester-Boston Regional Airport.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by June 23, 2016. No refunds will be made if notice is received after June 23, although substitutions will be allowed. After June 23, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
Northeast 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 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 1.25 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 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 1.5 hours of ethics, are also available.
Northeast Consumer Forum: Approval for approximately 7.5 hours of CLE credit, including 2.5 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 9 hours of CLE credit, including 3 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, of which 2.5 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 9 credit hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. 9 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 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 the full registration fee. 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 at least 50% reduction in the registration fee. For information on tuition assistance, send an e-mail to [email protected].
ABI Northeast Scholarship Program
Limited scholarship funds are available for those who cannot afford to attend the program. Please send your request for approval to Jennifer Guirguis at [email protected]. Space is limited.
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at the Omni Mount Washington Resort on Thursday, July 14, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
Benefactor
Bernstein Shur
BMS, Inc. (CA)
Brown Rudnick Berlack Israels LLP
Capstone
Casner & Edwards
Choate Hall & Stewart LLP
Deloitte CRG
Duane Morris, LLP
Foley Hoag LLP
Getzler Henrich & Associates LLC
Goodwin Procter
Goulston & Storrs PC
Hinckley Allen & Snyder
Mintz Levin Cohn Ferris Glovsky and Popeo PC
Moritt Hock & Hamroff LLP
Murphy & King, PCMurtha Cullina LLP
Neubert Pepe & Monteith PC
Nixon Peabody LLP
Partridge Snow & Hahn LLP
Posternak Blankstein & Lund LLP
Polsinelli
Preti Flaherty
Pullman & Comley LLC
Reid and Reige PC
Ropes & Gray LLP
Spinglass Mgmt. Group (Portland, ME)
Sullivan & Worcester LLP
Updike Kelly Spellacy PC
Verdolino & Lowey PC
Wilmer Hale
Zeisler & Zeisler PCPatron
Devine Millimet & Branch PA
Gavin/Solmonese
Greenridge Financial Services LLC
Holland & Knight
Mirick O'Connell
Phoenix Management Services
Riemer & Braunstein LLP
Ruberto Israel & Weiner PC
Sheehan Phinney Bass + Green PASponsors
Baker Newman Noyes
Bartlett Hackett Feinberg PC
Bowditch & Dewey LLP
Drummond Woodsum
Eaton Peabody
Gary W. Cruickshank, Law Office of
Marcus Clegg & Mistretta, PA
Morgan, Lewis & Bockius LLP
Morrissey, Wilson & Zafiropoulos LLP
Nutter McClennen & Fish LLP
Paul E. Sapperstein & Co.
Pearce & Dow LLC
Perkins Thompson, P.A.
Pierce Atwood LLP
Shatz, Schwartz & Fentin
Sternklar Law
Swiggart & Agin LLC
The Tron Group
Verrill Dana LLP
William S. Gannon, PLLCScholarship Fund Donors
Foley Hoag LLP
Mirick O'Connell
The Tron Group
Sternklar LawSpecial Thanks
Media Partnership: Bloomberg Brief
Conference App Sponsor: Donlin, Recano & Company, Inc.
“At-a-Glance” Sponsor: Getzler Henrich & Associates LLC
“Live at ABI” Sponsor: Getzler Henrich & Associates LLC
Cell Phone Charging Stations: Greenridge Financial Services LLC and Mirick O'Connell
Thumb Drives: Polsinelli
Conference Wifi: Preti Flaherty
Exhibit Hall Sponsor: Sherwood Partners, Inc. / agencyIP
Conference Educational Materials Sponsor: Thomson Reuters
Conference Tote Bags: Wilmington TrustInterested in sponsorship opportunities? Contact Jennifer Guirguis at [email protected]
Rates
Registration Rates Early
(postmarked by 4/29/16)Regular
(4/30/16-6/10/16)Late
(after 6/10/16)ABI Member$295$345$395New ABI Member*$545$595$645Exhibitor Rates
ABI Member Exhibitor Registration***$1,600New ABI Member Exhibitor Registration****$1,895Additional Booth Representative$375*** Includes one 6’ table and full registration for one booth representative.
**** Includes one 6’table, full registration for one booth representative AND 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.
If you are interested in exhibiting, please contact Jennifer Guirguis at [email protected]
Event Information 238743
Wednesday, August 17
Optional Events
A Night at the Ballpark
Sponsored by Conway MacKenzie
Cincinnati Reds vs. Miami Marlins
Gates Open: 5:40 p.m.
Opening Pitch: 7:10 p.m.Enjoy the game from the Great American Ballpark’s private Party Deck, located on the second level along the right field line. The space features a semi-covered patio, television monitors, padded ballpark seating, and prime views of the baseball action and the Ohio River. Tickets cost $50 per person and include a Ballpark Buffet, unlimited soft drinks and two beers per person. Limited seating available; please check the appropriate box on the registration form. NOTE: Tickets will be available for pick-up at Will Call after 3 p.m. game day. Additional information regarding this event will be sent to registered attendees on Monday, August 15.
Thursday, August 18
7:00 a.m.
Registration and Exhibit Hall Open
7:30-8:30 a.m.
Networking Hot Breakfast
Sponsored by Vorys, Sater, Seymour and Pease LLP
8:20-8:30a.m.
Welcome Remarks
Stephen D. Lerner
Squire Patton Boggs, Cincinnati
8:30-9:30 a.m.
Case Law Update: Part I
This session will highlight particularly interesting case law developments to date in 2016 and their impact on bankruptcy law and practice.
Prof. Melissa B. Jacoby
University of North Carolina School of Law; Chapel Hill, N.C.
9:30-10:30 a.m.
Judicial Town Hall
Judges will respond to questions submitted from attendees in advance of the event.
J. Michael Debbeler, Moderator
Graydon Head & Ritchey LLP; Cincinnati
Hon. R. Guy Cole, Jr.
U.S. Court of Appeals (6th Cir.); Columbus, Ohio
Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson; New York
Hon. Lawrence S. Walter
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Hon. John A. West
Hamilton County Common Pleas Court; Cincinnati
10:30 -11:00 a.m.
Refreshment Break
sponsored by Epiq Systems
11:00 a.m.-12:00 noon
All in the Family, or Who Is Your Client?
Knowing who your client is and what duties you have is a problem in cases ranging from the mega Caesars bankruptcy case to actions involving a distressed small family business that is jointly owned by several relatives. This presentation will address several attorney/client ethical issues, both in and out of bankruptcy, when jointly representing clients, including practical considerations when representing a group of closely related businesses, attorney/client privileges between multiple clients, and state and federal law ethical issues related to “who is your client.”
C.R. “Chip” Bowles, Moderator
Bingham Greenebaum Doll LLP; Louisville, Ky.
Amy L. Bostic
Luper Neidenthal & Logan; Columbus, Ohio
Toby D. Merchant
Squire Patton Boggs; Cincinnati
Hon. Alan C. Stout
U.S. Bankruptcy Court (W.D. Ky.); Louisville
Hon. Eugene R. Wedoff (ret.)
U.S. Bankruptcy Court (N.D. Ill.); Chicago
12:00-1:30 p.m.
Buffet Luncheon
sponsored by Financial Resource Associates, LLC
12:45-1:30 p.m.
Luncheon Presentation: Discover ABI
Learn about the variety of resources available to ABI members, including ABI’s online products, key resources that may be used daily in insolvency work, ways to get involved in ABI committees, networking and business-development opportunities, and options for CLE credit.
Amy A. Quackenboss
American Bankruptcy Institute; Alexandria, Va
1:30-2:30 p.m.
Concurrent Sessions (2)
Commercial Session: Boom Times Gone – What Bankruptcy Practitioners and Professionals Can Expect in Oil, Gas and Energy Chapter 11 Cases and Restructurings
This panel will discuss the recent filings in the oil, gas and energy sectors and provide an overview of what practitioners and professionals should know and understand about this changing and developing sector.
Ronald E. Gold, Moderator
Frost Brown Todd LLC; Cincinnati
Kevin L. Colosimo
Frost Brown Todd LLC; Cincinnati
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Deborah D. Williamson
Dykema Cox Smith; San Antonio
Consumer Session: Current Issues in Chapter 7 Individual Cases, or a Meander Through Chapter 7 Issues
This panel will compare and contrast actions under §§ 707 and 727, with input from debtor’s counsel, the U.S. Trustee, the court and the chapter 7 trustee. The panel will discuss other current issues affecting parties in consumer bankruptcies, such as effects on the system caused by pro se debtors and how the system is handling those debtors, and how the new forms are affecting the effectiveness of the system.
William B. Logan, Jr., Moderator
Luper Niedenthal & Logan; Columbus, Ohio
Monica Kindt
Office of the U.S. Trustee; Cincinnati
John W. Rose
The Rose Law Office; Cincinnati
Hon. Alan C. Stout
U.S. Bankruptcy Court (W.D. Ky.); Louisville
2:30-3:30 p.m.
Concurrent Sessions (2)
Commercial Session: State of the ABI Reform Commission for Chapter 11/ Individual Chapter 11
The Final Report of the Commission to Study the Reform of Chapter 11 is the culmination of nearly three years of testimony, advisory reports and deliberations. This panel, consisting of several members of the Commission, will present key findings as submitted to Congress.
Prof. Melissa B. Jacoby, Moderator
University of North Carolina School of Law; Chapel Hill, N.C.
Bill Brandt
Development Specialists, Inc.; New York
Robert J. Keach
Bernstein Shur; Portland, Maine
Deborah D. Williamson
Dykema Cox Smith; San Antonio
Consumer Session: Chapter 13 — How to Confirm Your Plan
This panel of chapter 13 trustees will provide an in-depth analysis of the necessary steps to reach confirmation of your chapter 13 plan, including the necessary steps and analysis that are required to secure their recommendation. The panel judge will give his perspective of the mega dockets and volume of issues that are typically brought before the court.
Eric W. Goering, Moderator
Goering & Goering, LLC; Cincinnati
Margaret A. Burks
Chapter 13 Trustee; Cincinnati
Faye D. English
Chapter 13 Trustee; Columbus, Ohio
Jeff M. Kellner
Chapter 13 Trustee; Dayton, Ohio
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
3:30-3:45 p.m.
Refreshment Break
Sponsored by Bingham Greenebaum Doll LLP
3:45-4:45 p.m.
Concurrent Sessions (2)
Commercial Session: Plan Issues — Support Agreements, Injunctions, Releases & Competing Plans
This panel will discuss strategies for negotiating and confirming chapter 11 plans, from support agreements and competing plans to the proper use of releases and injunctions.
Robert G. Sanker, Moderator
Keating, Muething & Klekamp PLL; Cincinnati
Bill Brandt
Development Specialists, Inc.; New York
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Robert J. Keach
Bernstein Shur; Portland, Maine
Consumer Session: Chapter 13 — Post-Confirmation Issues
BAPCPA established several hurdles that debtors have to overcome in order to obtain a discharge of a confirmed plan. Confirmation of the plan in many respects is only the beginning of the process. This panel, which includes two chapter 13 trustees and an experienced creditors’ counsel and is moderated by an experienced debtors’ counsel, will explore the issues that arise after confirmation, including the completion of required tasks for a debtor to obtain a discharge. Issues to be discussed include plan modification, requirements imposed upon lenders, and duties imposed upon debtors to obtain discharge.
Michael L. Baker, Moderator
Ziegler & Schneider PSC; Covington, Ky.
Beverly M. Burden
Office of the Chapter 13 Trustee; Lexington, Ky.
Thomas L. Canary, Jr.
Fenton & McGarvey Law Firm, P.S.C.; Louisville, Ky.
Frank M. Pees
Chapter 13 Trustee; Detroit
5:00-7:00 p.m.
Networking Reception
Sponsored by Taft Stettinius & Hollister LLP
Friday, August 19
7:00 a.m.
Registration Desk and Exhibits Open
7:30-8:30 a.m.
Networking Hot Breakfast
8:30-9:30 a.m.
Case Law Update: Part II
Prof. Melissa B. Jacoby
University of North Carolina School of Law; Chapel Hill, N.C.
9:30-10:30 a.m.
Ponzi Schemes and Other Fraud Issues
This panel will address the unique issues presented when matters involving fraud, including Ponzi schemes, arise. The discussion will include best practices for responding to, or managing, fraud allegations directed to a client inside and outside of bankruptcy, addressing and investigating fraud from an accounting perspective (including strategies for identifying hallmarks of fraud), and current developments in case law relating to fraud and Ponzi schemes in the bankruptcy context.
Donald J. Rafferty, Moderator
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Jeffrey A. Hokanson
Frost Brown Todd LLC; Cincinnati
Ralph W. Kohnen
Taft Stettinius & Hollister LLP; Cincinnati
John B. Pidock
Conway MacKenzie, Inc.; Dayton
10:30-11:00 a.m.
Refreshment Break
Sponsored by Allen Kuehnle Stovall + Neuman LLP
11:00 a.m.-12:00 noon
Concurrent Sessions (2)
Commercial Session: All for One and One for All: Overcoming Challenges When the Interests of Creditors' Committee Members Diverge
Although a creditors’ committee represents the interests of all general unsecured creditors, committee members often have competing interests. This panel discussion will explore the types of conflicts and intercreditor issues that can arise, the impact of those issues on the ability of the committee to perform its duties, and how disputes among committee members are resolved.
Raymond J. Pikna, Jr., Moderator
Wood & Lamping LLP; Cincinnati
Julie J. Becker
U.S. Bank National Association; St. Paul, Minn.
Hon. James M. Carr
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis
Sharon L. Levine
Saul Ewing LLP; Newark, N.J.
Jackie Mulligan
Procter and Gamble Co.; Cincinnati
Consumer Session: Creditors’ Rights and Fights — A Walk in the Shoes of Creditors’ Counsel
Our expert faculty will pull back the curtain on representing creditors and will examine current issues facing mortgage and automobile creditors. Topics will include updates on the mortgage and automobile loan servicing industry, new proofs-of-claim rules and forms, servicing standards, statutes of limitations, and compliance issues.
Edward J. Boll, III, Moderator
Lerner, Sampson & Rothfuss; Cincinnati
Edward Bailey
Reimer, Arnovitz, Chernek & Jeffrey Co., L.P.A.; Solon, Ohio
John A. Schuh
Schuh & Goldberg LLP; Cincinnati
Phyllis A. Ulrich
Carlisle, McNellie, Rini, Kramer & Ulrich Co., L.P.A.; Cleveland
12:00-1:30 p.m.
Buffet Luncheon
12:15-1:30 p.m.
Luncheon Presentation
Behind the Scenes of the Advisory Committee on the Bankruptcy Rules: Bankruptcy Rules and Forms Update
Hon. Arthur I. Harris
U.S. Bankruptcy Court (N.D. Ohio); Cleveland
1:30-2:30 p.m.
Ethics and Social Media: Tools, Traps and Temptations
This panel will present an examination of ethical and legal issues arising in the practice of bankruptcy law, with an emphasis on privacy, confidentiality and professionalism in the use of social media and networking.
Richard D. Nelson
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
2:30-3:30 p.m.
Great Debates
Timothy J. Hurley, Moderator
Taft Stettinius & Hollister LLP; Cincinnati
Resolved: Impairment is a good thing and should be encouraged.
Pro: Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Con: Hon. John E. Hoffman
U.S. Bankruptcy Court (S.D. Ohio); Columbus, Ohio
Resolved: If you get caught hiding assets from the piper, you should pay the piper — with exempt assets.
Pro: Hon.Eugene R. Wedoff (ret.)
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Con: Hon.James M. Carr
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis
Resolved: You should not be permitted to assert your claim against me. I'm new Jim.Go see Old Jim.
Pro: Hon. Robert E. Gerber (ret.)
U.S. Bankruptcy Court (S.D.N.Y.); New York
Con: Bill Brandt
Development Specialists, Inc.; New York
3:30 p.m.
Adjourn
To view the full program brochure, click here
Wednesday, August 17
Optional Events
A Night at the Ballpark
Sponsored by Conway MacKenzie
Cincinnati Reds vs. Miami Marlins
Gates Open: 5:40 p.m.
Opening Pitch: 7:10 p.m.Enjoy the game from the Great American Ballpark’s private Party Deck, located on the second level along the right field line. The space features a semi-covered patio, television monitors, padded ballpark seating, and prime views of the baseball action and the Ohio River. Tickets cost $50 per person and include a Ballpark Buffet, unlimited soft drinks and two beers per person. Limited seating available; please check the appropriate box on the registration form. NOTE: Tickets will be available for pick-up at Will Call after 3 p.m. game day. Additional information regarding this event will be sent to registered attendees on Monday, August 15.
Thursday, August 18
7:00 a.m.
Registration Desk and Exhibits Open
7:30-8:30 a.m.
Networking Hot Breakfast
Sponsored by Vorys, Sater, Seymour and Pease LLP
8:20-8:30a.m.
Welcome Remarks
Stephen D. Lerner
Squire Patton Boggs, Cincinnati
8:30-9:30 a.m.
Case Law Update: Part I
This session will highlight particularly interesting case law developments to date in 2016 and their impact on bankruptcy law and practice.
Prof. Melissa B. Jacoby
University of North Carolina School of Law; Chapel Hill, N.C.
9:30-10:30 a.m.
Judicial Town Hall
Judges will respond to questions submitted from attendees in advance of the event.
J. Michael Debbeler, Moderator
Graydon Head & Ritchey LLP; Cincinnati
Hon. R. Guy Cole, Jr.
U.S. Court of Appeals (6th Cir.); Columbus, Ohio
Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson; New York
Hon. Lawrence S. Walter
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Hon. John A. West
Hamilton County Common Pleas Court; Cincinnati
10:30 -11:00 a.m.
Refreshment Break
sponsored by Epiq Systems
11:00 a.m.-12:00 noon
All in the Family, or Who Is Your Client?
Knowing who your client is and what duties you have is a problem in cases ranging from the mega Caesars bankruptcy case to actions involving a distressed small family business that is jointly owned by several relatives. This presentation will address several attorney/client ethical issues, both in and out of bankruptcy, when jointly representing clients, including practical considerations when representing a group of closely related businesses, attorney/client privileges between multiple clients, and state and federal law ethical issues related to “who is your client.”
C.R. “Chip” Bowles, Moderator
Bingham Greenebaum Doll LLP; Louisville, Ky.
Amy L. Bostic
Luper Neidenthal & Logan; Columbus, Ohio
Toby D. Merchant
Squire Patton Boggs; Cincinnati
Hon. Alan C. Stout
U.S. Bankruptcy Court (W.D. Ky.); Louisville
Hon. Eugene R. Wedoff (ret.)
U.S. Bankruptcy Court (N.D. Ill.); Chicago
12:00-1:30 p.m.
Buffet Luncheon
sponsored by Financial Resource Associates, LLC
12:45-1:30 p.m.
Luncheon Presentation: Discover ABI
Learn about the variety of resources available to ABI members, including ABI’s online products, key resources that may be used daily in insolvency work, ways to get involved in ABI committees, networking and business-development opportunities, and options for CLE credit.
Amy A. Quackenboss
American Bankruptcy Institute; Alexandria, Va
1:30-2:30 p.m.
Concurrent Sessions (Consumer Program attendees may only receive CLE for Consumer sessions)
Consumer Session: Current Issues in Chapter 7 Individual Cases, or a Meander Through Chapter 7 Issues
This panel will compare and contrast actions under §§ 707 and 727, with input from debtor’s counsel, the U.S. Trustee, the court and the chapter 7 trustee. The panel will discuss other current issues affecting parties in consumer bankruptcies, such as effects on the system caused by pro se debtors and how the system is handling those debtors, and how the new forms are affecting the effectiveness of the system.
William B. Logan, Jr., Moderator
Luper Niedenthal & Logan; Columbus, Ohio
Monica Kindt
Office of the U.S. Trustee; Cincinnati
John W. Rose
The Rose Law Office; Cincinnati
Hon. Alan C. Stout
U.S. Bankruptcy Court (W.D. Ky.); Louisville
2:30-3:30 p.m.
Concurrent Sessions (Consumer Program attendees may only receive CLE for Consumer sessions)
Consumer Session: Chapter 13 — How to Confirm Your Plan
This panel of chapter 13 trustees will provide an in-depth analysis of the necessary steps to reach confirmation of your chapter 13 plan, including the necessary steps and analysis that are required to secure their recommendation. The panel judge will give his perspective of the mega dockets and volume of issues that are typically brought before the court.
Eric W. Goering, Moderator
Goering & Goering, LLC; Cincinnati
Margaret A. Burks
Chapter 13 Trustee; Cincinnati
Faye D. English
Chapter 13 Trustee; Columbus, Ohio
Jeff M. Kellner
Chapter 13 Trustee; Dayton, Ohio
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
3:30-3:45 p.m.
Refreshment Break
Sponsored by Bingham Greenebaum Doll LLP
3:45-4:45 p.m.
Concurrent Sessions (Consumer Program attendees may only receive CLE for Consumer sessions)
Consumer Session: Chapter 13 — Post-Confirmation Issues
BAPCPA established several hurdles that debtors have to overcome in order to obtain a discharge of a confirmed plan. Confirmation of the plan in many respects is only the beginning of the process. This panel, which includes two chapter 13 trustees and an experienced creditors’ counsel and is moderated by an experienced debtors’ counsel, will explore the issues that arise after confirmation, including the completion of required tasks for a debtor to obtain a discharge. Issues to be discussed include plan modification, requirements imposed upon lenders, and duties imposed upon debtors to obtain discharge.
Michael L. Baker, Moderator
Ziegler & Schneider PSC; Covington, Ky.
Beverly M. Burden
Office of the Chapter 13 Trustee; Lexington, Ky.
Thomas L. Canary, Jr.
Fenton & McGarvey Law Firm, P.S.C.; Louisville, Ky.
Frank M. Pees
Chapter 13 Trustee; Detroit
5:00-7:00 p.m.
Networking Reception
Sponsored by Taft Stettinius & Hollister LLP
Friday, August 19
7:00 a.m.
Registration Desk and Exhibits Open
7:30-8:30 a.m.
Networking Hot Breakfast
8:30-9:30 a.m.
Case Law Update: Part II
Prof. Melissa B. Jacoby
University of North Carolina School of Law; Chapel Hill, N.C.
9:30-10:30 a.m.
Ponzi Schemes and Other Fraud Issues
This panel will address the unique issues presented when matters involving fraud, including Ponzi schemes, arise. The discussion will include best practices for responding to, or managing, fraud allegations directed to a client inside and outside of bankruptcy, addressing and investigating fraud from an accounting perspective (including strategies for identifying hallmarks of fraud), and current developments in case law relating to fraud and Ponzi schemes in the bankruptcy context.
Donald J. Rafferty, Moderator
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Jeffrey A. Hokanson
Frost Brown Todd LLC; Cincinnati
Ralph W. Kohnen
Taft Stettinius & Hollister LLP; Cincinnati
John B. Pidock
Conway MacKenzie, Inc.; Dayton
10:30-11:00 a.m.
Refreshment Break
Sponsored by Allen Kuehnle Stovall + Neuman LLP
11:00 a.m.-12:00 noon
Concurrent Sessions (Consumer Program attendees may only receive CLE for Consumer sessions)
Commercial Session: All for One and One for All: Overcoming Challenges When the Interests of Creditors' Committee Members Diverge
Although a creditors’ committee represents the interests of all general unsecured creditors, committee members often have competing interests. This panel discussion will explore the types of conflicts and intercreditor issues that can arise, the impact of those issues on the ability of the committee to perform its duties, and how disputes among committee members are resolved.
Raymond J. Pikna, Jr., Moderator
Wood & Lamping LLP; Cincinnati
Julie J. Becker
U.S. Bank National Association; St. Paul, Minn.
Hon. James M. Carr
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis
Sharon L. Levine
Lowenstein Sandler LLP; Roseland, N.J.
Jackie Mulligan
Procter and Gamble Co.; Cincinnati
Consumer Session: Creditors’ Rights and Fights — A Walk in the Shoes of Creditors’ Counsel
Our expert faculty will pull back the curtain on representing creditors and will examine current issues facing mortgage and automobile creditors. Topics will include updates on the mortgage and automobile loan servicing industry, new proofs-of-claim rules and forms, servicing standards, statutes of limitations, and compliance issues.
Edward J. Boll, III, Moderator
Lerner, Sampson & Rothfuss; Cincinnati
Edward Bailey
Reimer, Arnovitz, Chernek & Jeffrey Co., L.P.A.; Solon, Ohio
John A. Schuh
Schuh & Goldberg LLP; Cincinnati
Phyllis A. Ulrich
Carlisle, McNellie, Rini, Kramer & Ulrich Co., L.P.A.; Cleveland
12:00-1:30 p.m.
Buffet Luncheon
12:15-1:30 p.m.
Luncheon Presentation
Behind the Scenes of the Advisory Committee on the Bankruptcy Rules: Bankruptcy Rules and Forms Update
Hon. Arthur I. Harris
U.S. Bankruptcy Court (N.D. Ohio); Cleveland
1:30-2:30 p.m.
Ethics and Social Media: Tools, Traps and Temptations
This panel will present an examination of ethical and legal issues arising in the practice of bankruptcy law, with an emphasis on privacy, confidentiality and professionalism in the use of social media and networking.
Richard D. Nelson
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
2:30-3:30 p.m.
Great Debates
Timothy J. Hurley, Moderator
Taft Stettinius & Hollister LLP; Cincinnati
Resolved: Impairment is a good thing and should be encouraged.
Pro: Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Con: Hon. John E. Hoffman
U.S. Bankruptcy Court (S.D. Ohio); Columbus, Ohio
Resolved: If you get caught hiding assets from the piper, you should pay the piper — with exempt assets.
Pro: Hon.Eugene R. Wedoff (ret.)
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Con: Hon.James M. Carr
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis
Resolved: You should not be permitted to assert your claim against me. I'm new Jim.Go see Old Jim.
Pro: Hon. Robert E. Gerber (ret.)
U.S. Bankruptcy Court (S.D.N.Y.); New York
Con: Bill Brandt
Development Specialists, Inc.; New York
3:30 p.m.
Adjourn
To view the full program brochure, click here
Conference Information
Hotel
Overlooking historic Fountain Square, the Westin Cincinnati boasts being in an outstanding location in the heart of Cincinnati’s bustling central business district and downtown’s vast array of restaurants, shops, theaters and sporting events. A block of rooms is being held on a first-come, first-served basis. The special room rate is $169 per night; reservations must be made by August 1, 2016, to secure the special rate. Reservations may be made online here or by calling the Westin reservations center at (1) 800-Westin 1 and asking to be placed in the specially rated ABI block. ABI cannot guarantee anyone a room after the block is filled.
Transportation
The Cincinnati/Northern Kentucky International Airport (CVG) is located approximately 12 miles/20 minutes from the Westin Cincinnati.
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 July 28, 2016. No refunds will be granted after July 28, but substitutions will be allowed. After July 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.
Continuing Education*
Midwest Regional Bankruptcy Seminar: Approval for approximately 12 hours of CLE credit, including 2 hours of ethics, are pending in states calculating CLE on a 60-minute hour, which include Indiana, Kentucky, Ohio and Pennsylvania, and 14 hours of CLE credit, including 2 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 12 credit hours, of which 2 hours of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 2 hours of ethics, are also available.
Midwest Regional Bankruptcy Consumer Program: Approval for approximately 12 hours of CLE credit, including 2 hours of ethics, are pending in states calculating CLE on a 60-minute hour, which include Indiana, Kentucky, Ohio and Pennsylvania, and 14 hours of CLE credit, including 2 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 12 credit hours, of which 2 hours of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 2 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 [email protected].
Judicial Chairs
Hon. Beth A. Buchanan
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Hon. Jeffery P. Hopkins
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Program Chair
Stephen D. Lerner
Squire Patton Boggs; Cincinnati
Advisory Board
Michael L. Baker
Ziegler & Schneider P.S.C.; Covington, Ky
Edward J. Boll, III
Lerner Sampson & Rothfuss; Cincinnati
C.R. “Chip” Bowles, Jr.
Bingham Greenebaum Doll LLP; Louisville, Ky.
Casey M. Cantrell Swartz
Taft Stettinius & Hollister LLP; Cincinnati
J. Michael Debbeler
Graydon Head & Ritchey LLP; Cincinnati
Eric W. Goering
Goering & Goering, LLC; Cincinnati
Ronald E. Gold
Frost Brown Todd LLC; Cincinnati
Timothy J. Hurley
Taft Stettinius & Hollister LLP; Cincinnati
Kim Martin Lewis
Dinsmore & Shohl LLP; Cincinnati
William B. Logan, Jr.
Luper Neidenthal & Logan; Columbus, Ohio
Raymond J. Pikna, Jr.
Wood & Lamping LLP; Cincinnati
Donald J. Rafferty
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Robert G. Sanker
Keating Muething & Klekamp PLL; Cincinnati
Lori A. Schlarman
Adams, Stepner, Woltermann & Dusing, PLLC; Hebron, Ky.
Monica V. Kindt
Cincinnati
Premium Sponsors
Conway MacKenzie
Squire Patton Boggs
Platinum Sponsors
Bingham Greenebaum Doll LLP
Financial Resource Associates, LLC
Frost Brown Todd LLC
Graydon Head & Ritchey LLP
Gold Sponsor
Taft Stettinius & Hollister LLP
Silver Sponsor
New Growth Advisors, Inc.
Vorys SaterBronze Sponsors
Adams, Stepner, Woltermann & Dusing, PLLC
Allen Kuehnle Stovall + Neuman LLP
Cohen, Todd, Kite & Stanford, LLC
Dinsmore & Shohl LLP
Goering & Goering, LLC
Keating Muething & Klekamp PLL
Lerner Sampson & Rothfuss
Luper Neidenthal & Logan
Wood & Lamping LLP
Ziegler & Schneider P.S.C.Epiq Systems
Special Thanks
We extend our special thanks to Bingham Greenebaum Doll LLP for the educational materials on thumb drives, Donlin, Recano & Co. for the conference app, Thomson Reuters for the educational materials book and Wilmington Trust for the tote bags.
Conference Rates
Registration Rates Early Bird
(postmarked by 7/8/16)Regular
(after 7/8/16)ABI Member $425$495 New ABI Member* $520$590 Govt./Aca. ABI Member $125$150 Govt./Aca. New ABI Member* $220$245 Consumer Workshop ONLY Pricing ABI Member $295 $345 New Member* $390 $440 * 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.
Exhibitor Rates
ABI Member Exhibitor Registration** $625 New ABI Member Exhibitor Registration*** $720 Additional Booth Representative $95 ** 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.
Optional Events
Cincinnati Reds vs. Miami Marlins $50Thursday Networking Reception FreeThursday Networking Reception Guest $40ABI 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.
Event Information 239391
Thursday, August 4
2:00-6:00 p.m.
ABI Registration Desk Open
6:00-8:00 p.m.
Opening Reception
Sponsored by AlixPartners LLP, Barnes & Thornburg LLP, Berkeley Research Group, LLC (BRG), Bond, Schoeneck & King PLLC, Cole Schotz P.C., Cozen O'Connor, Dilworth Paxson LLP and Polsinelli
Friday, August 5
7:00 a.m-12:00 noon
ABI Registration Desk Open
7:30-8:00 a.m.
Breakfast
Sponsored by Pachulski Stang Ziehl & Jones LLP
8:00-9:00 a.m.
Plenary Session
Fueling the Bankruptcy Fire: Restructuring the Oil & Gas Industry
James E. Van Horn, Moderator
McGuireWoods LLP, Baltimore
Julie M. Hertzberg
Alvarez & Marsal; Southfield, Mich
Elizabeth R. McColm
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Hon. Laurie Selber Silverstein
U.S. Bankruptcy Court (D. Del.); Wilmington
Ross Waetzman
Gavin/Solmonese LLC; Wilmington, Del
William L. Wallander
Vinson & Elkins LLP; Dallas
9:15-10:30 a.m.
Concurrent Sessions (4)
Too Many Chiefs Make for a CROwded Reorganization: Ethics
This panel will discuss potential conflicts when a lender regularly recommends that a debtor hire their preferred CRO (the debtor is the CRO’s client, but a “one off” client) and the lender is a repeat business, as well as the 1% Rule and retention application disclosures/potential conflicts.
Paul H. Deutch, Moderator
Rust Omni; New York
William H. Henrich
Getzler Henrich & Associates LLC; New York
Patricia B. Jefferson
Miles & Stockbridge P.C.; Baltimore
Mark G. Stingley
Bryan Cave LLP; Kansas City, Mo.
Christopher Burton Wick
Hahn Loeser & Parks LLP; Cleveland
Up in the Air with Obamacare and Health Care Distress
This panel will discuss the three major segments that are ripe to go through distress in the next several years, namely residential care, durable medical equipment, and testing labs/imaging facilities. The panel will also discuss hospital cases (including the sale of nonprofits to for-profits).
H. Haywood Miller, Moderator
BRG Capstone; Washington, D.C
Kristin K. Going
Drinker Biddle & Reath LLP; Washington, D.C.
Patricia A. Hennelly
CohnReznick LLP; Edison, N.J.
Jeffrey Hoffman
Capital One Healthcare Finance; Bethesda, Md.
Lisa Lenderman
MidCap Financial Services, LLC; Bethesda. Md.
Restoring and Saving Electronic Data in Bankruptcy
This panel will discuss data-retention concerns for bankruptcy trustees.
John T. Dorsey, Moderator
Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.
Alfred T. Giuliano
Giuliano, Miller & Company, LLC; West Berlin, N.J.
Hon. Paul W. Grimm
U.S. District Court (D. Md.); Baltimore
Brittany Nelson
Foley & Lardner LLP; Washington, D.C.
Catherine E. Youngman
Fox Rothschild LLP; Roseland, N.J.
The Art of Auctioning in Bankruptcy
This panel will discuss game theories and claims trading, the private-equity angle, pre-petition debt-buying, due-process issues and information-adequacy issues in first-day sale motions.
Teresa C. Kohl, Moderator
SSG Capital Advisors, LLC; West Conshohocken, Pa.
Mark D. Collins
Richards, Layton & Finger, PA; Wilmington, Del.
Hon. Stephani W. Humrickhouse
U.S. Bankruptcy Court (E.D.N.C.); Raleigh
Michael J. Roeschenthaler
Whiteford Taylor & Preston LLP; Pittsburgh
Marion M. Quirk
Cole Schotz P.C.; Wilmington, Del.
10:30-10:45 a.m.
Coffee Break
Sponsored by McGuireWoods LLP
10:45 a.m.-12:00 noon
Concurrent Sessions (4)
To Appoint or Not Appoint When Managing Bankruptcy
This panel will discuss chapter 11 trustee appointments.
Prof. Juliet M. Moringiello
Widener University School of Law; Harrisburg, Pa.
Jeffrey Beard
Huron Consulting Group; Troy, Mich.
Ericka F. Johnson
Womble Carlyle Sandridge & Rice, LLP; Wilmington, Del.
Curtis S. Miller
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Lisa A. Tracy
Executive Office for U.S. Trustees; Washington, D.C.
Hon. John E. Waites
U.S. Bankruptcy Court (D. S.C.); Columbia
The Details of Retail: Can You Reorganize Middle-Market Retailers?
The panel will discuss GOB and consignment issues, consumer privacy issues and WARN Act issues and will address the following question: Does reorganization exist for middle-market retailers?
Douglas M. Foley, Moderator
McGuireWoods LLP; Washington, D.C.
Peter J. Duhig
Buchanan Ingersoll & Rooney PC; Wilmington, Del.
Elise S. Frejka
Frejka PLLC; New York
Hon. Kevin R. Huennekens
U.S. Bankruptcy Court (E.D. Va.): Richmond
Bradford J. Sandler
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del
Suzanne B. Roski
Protiviti Inc.; Richmond, Va.
Show Me the Paperwork
What happens when the lender or debtor is missing key documents or has inadequate documentation? What if there is a lack of original signatures? These and other practical topics will be discussed.
Gary F. Seitz, Moderator
Gellert Scali Busenkell & Brown LLC; Wilmington
Phillip D. Berger
Berger Law Group, P.C.; Bryn Mawr, Pa.
Salene Rae Mazur Kraemer
MAZURKRAEMER Business Law; Pittsburgh
Patricia Mayer
Waterman & Mayer, LLP; Yardley, Pa.
Hon. David E. Rice
U.S. Bankruptcy Court (D. Md.); Baltimore
12:00-1:00 p.m.
Family Picnic
Sponsored by Womble Carlyle Sandridge & Rice, LLP, and Shaw Fishman Glantz & Towbin LLC
1:00 p.m.
Golf Tournament and ABI Golf Tour
Sponsored by Protiviti Inc.
1:30 p.m.
Sporting Clays Tournament
Sponsored by Sullivan Hazeltine Allinson LLC
5:30-7:00 p.m.
Delaware State Bar Association Reception
Sponsored by the Delaware State Bar Association Bankruptcy Section
7:00 p.m.
Dinner and Dancing (Kid-Friendly Event!)
Dinner sponsored by McCarter & English, LLP and Young Conaway Stargatt & Taylor, LLP
Entertainment sponsored by CohnReznick LLP and Richards, Layton & Finger, PASaturday, August 6
7:30 a.m.-12:00 noon
ABI Registration Desk Open
7:30-8:00 a.m.
Breakfast
8:00-9:00 a.m.
Plenary Session
Jaunty Judicial Debates
Thomas M. Horan, Moderator
Shaw Fishman Glantz & Towbin, LLC; Wilmington, Del.
Resolved: Parties can contract around the ASARCO decision.
Pro: Hon. Rosemary Gambardella
U.S. Bankruptcy Court (D. N.J.); Newark
Con: Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Resolved: Structured dismissals are permissible.
Pro: Hon. Cecelia G. Morris
U.S. Bankruptcy Court (S.D. N.Y.); Poughkeepsie
Con: Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
9:15-10:30 a.m.
Repeat Concurrent Workshops (3)
To Appoint or Not Appoint When Managing Bankruptcy
The Details of Retail: Can You Reorganize Middle-Market Retailers?
Too Many Chiefs Make for a CROwded Reorganization: Ethics
Concurrent Workshop
Fashionable Trends in Consumer Fraud
David M. Klauder, Moderator
Bielli & Klauder, LLC; Wilmington, Del.
Robert J. Lohr, II
Lohr & Associates, Ltd.; West Chester, Pa.
Hon. Vincent F. Papalia
U.S. Bankruptcy Court (D. N.J.); Newark
Jon T. Pearson
Ballard Spahr LLP; Philadelphia
10:30-10:45 a.m.
Coffee Break
Sponsored by Greenberg Traurig, LLP
10:45 a.m.-12:00 noon
Repeat Concurrent Workshops (3)
Up in the Air with Obamacare and Health Care Distress
Restoring and Saving Electronic Data in Bankruptcy
The Art of Auctioning in Bankruptcy
12:00 noon
Adjourn
To view the full program brochure, click here
Judicial Chairs
Hon. Nancy V. Alquist
U.S. Bankruptcy Court (D. Md.); Baltimore
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
Program Chairs
Kevin P. Clancy
CohnReznick LLP; Edison, N.J.
Thomas M. Horan
Shaw Fishman Glantz & Towbin, LLC; Wilmington; Del.
James E. Van Horn
McGuireWoods LLP; Baltimore
Advisory Board
Jovi B. Bohan
Stout Risius Ross, Inc.; Baltimore
Robert S. Brady
Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.
Stuart M. Brown
DLA Piper; Wilmington, Del.
Scott D. Cousins
Bayard, P.A.; Wilmington, Del.
G. David Dean, II
Cole Schotz P.C.; Baltimore
Paul H. Deutch
Rust Omni; New York
Stephen A. Donato
Bond, Schoeneck & King PLLC; Syracuse, N.Y.
Linda V. Donhauser
Miles & Stockbridge PC; Baltimore
Louis J. Ebert
Rosenberg Martin Greenberg, LLP; Baltimore
Brett D. Fallon
Morris James LLP; Wilmington, Del.
Mark E. Felger
Cozen O’Connor; Wilmington, Del.
Christopher J. Giaimo
BakerHostetler; Washington, D.C.
Jason W. Harbour
Hunton & Williams LLP; Richmond, Va.
Paul N. Heath
Richards, Layton & Finger, PA; Wilmington, Del.
Michael R. Herz
Fox Rothschild LLP; Roseland, N.J.
Reginald W. Jackson
Vorys, Sater, Seymour and Pease LLP; Columbus, Ohio
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Lawrence A. Katz
Hirschler Fleischer PC; Tysons Corner, Va.
Teresa C. Kohl
SSG Capital Advisors, LLC; New York
Lawrence J. Kotler
Duane Morris LLP; Philadelphia
James M. Matour
Dilworth Paxson LLP; Philadelphia
Erika Lynn Morabito
Foley & Lardner LLP; Washington, D.C.
Kerri K. Mumford
Landis Rath & Cobb LLP; Wilmington, Del.
Richard Newman
Alvarez & Marsal; Whitefish Bay, WIs.
Robert Lee Patrick, Jr.
Protiviti Inc.; Baltimore
David M. Powlen
Barnes & Thornburg LLP; Wilmington, Del.
Kenneth A. Rosen
Lowenstein Sandler LLP; Roseland, N.J.
Jeffrey N. Rothleder
Arent Fox LLP; Washington, D.C.
Jeffrey N. Schlerf
Fox Rothschild; Wilmington, Del.
Joseph L. Schwartz
Riker Danzig Scherer Hyland & Perretti LLP; Morristown, N.J.
Natasha Songonuga
Gibbons PC; Wilmington, Del.
Stanley B. Tarr
Blank Rome LLP; Wilmington, Del.
Jeremy VanEtten
Gavin/Solmonese LLC; Wilmington, Del.
Diane E. Vuocolo
Greenberg Traurig, LLP; Philadelphia
Robert A. Weber
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington, Del.
Christopher Burton Wick
Hahn Loeser & Parks LLP; Cleveland
To view the full program brochure, click here
Conference Information
Hotel
Escape to the Hyatt Regency Chesapeake Bay Golf Resort, Spa and Marina, a 400-room luxury resort with six food-and-beverage outlets, an 18-hole championship golf course, a 150-slip marina, an 18,000-square-foot European spa, an extensive multi-level indoor and outdoor swimming pool, and a children’s recreation center. ABI has arranged a special conference rate of $289 per night (with a $12.00/night resort fee that includes in-room wireless internet, resort self-parking, two bottles of water/day and use of many recreational activities). Reservations must be made directly with the resort by July 5, 2016, to secure this special rate. Upon payment of the conference registration fees, you will receive hotel reservation information with your conference confirmation. Reservations may be made only once you have registered with ABI. Rooms are held on a first-come, first-served basis. ABI cannot guarantee any rooms after the specially rated ABI block is filled.
Transportation
Air: The resort is approximately 1.5 hours from both Baltimore/Washington International Airport (BWI) and Reagan National Airport (DCA).
Ground: Driving time from Pittsburgh is 5.5 hours; Wilmington, 2 hours; Washington, D.C., 1.5 hours; Baltimore, 1.5 hours; and Newark, 4 hours.
Conference Attire
Attire is resort casual throughout the conference.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by July 14, 2016. No refunds will be granted after July 14, but substitutions will be allowed. After July 14, 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
7 hours of general CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 8 hours of general 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 in the amount of 7 hours, of which 1.25 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 8 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 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 had at least some detailed knowledge of insolvency matters (pursuant to the “Statement in 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. For information on tuition assistance, send an e-mail to [email protected]. Illinois Attorneys: If registration fees are more than $500, attorneys who qualify will receive a reduction of at least 50% off the registration fee.
To view the full program brochure, click here
Optional Events
Camp Hyatt at Pirate’s Cove
Camp Hyatt is the perfect place for young vacationers to make new friends and learn new skills, including sand castle-building, treasure hunts, kite contests and crabbing on the Maryland shore! Full-day (9:00 a.m.-4:00 p.m.) pricing is $80 per child and includes lunch and snacks; half-day (9:00 a.m.-12:00 p.m. or 1:00-4:00 p.m.) is $50 per child. Evening camp time is 6:00-9:00 p.m. and is $60 per child. To enroll your child(ren) in Camp Hyatt, please call the Hyatt directly at (410) 901-6375.
Family Picnic
Friday, August 5, 12:00-1:00 p.m.
Sponsored by Womble Carlyle Sandridge & Rice, LLP
Bring the kids (young and old) for burgers, hot dogs, ice cream and beverages! Kid-friendly entertainment will be provided. Cost is $15 per person. Mark the appropriate box on the registration form.
Golf Tournament and ABI Golf Tour
Friday, August 5, 1:00 p.m.
Sponsored by Protiviti Inc.
Golfers should expect to enjoy many fine moments at the River Marsh Golf Club, the new Keith Foster-designed course on the grounds of the Hyatt Regency Chesapeake Bay Resort. Throughout this 6,801-yard, par-71 creation, Foster incorporates aesthetically pleasing golf holes — some appear to simply merge with and wrap around protected environmental areas — with a very traditional layout. Green fees for the shotgun golf tournament are $125 per person, which includes cart. To play, mark the appropriate box on the registration form and indicate your handicap. Lunch will be provided at 12:00 noon. For those participating in the ABI Golf Tour, this will be the fifth stop. Please check the ABI Golf Tour box on the registration form. For more information on the tour, see golf.abi.org.
Sporting Clays Tournament
Friday, August 5, 1:30 p.m.
Sponsored by Sullivan Hazeltine Allinson LLC
Both addictive and challenging, sporting clays is often referred to as “golf with a gun.” Instead of sinking a ball into a hole, shooters aim to break targets along a designated course. The $150-per-person fee includes a boxed lunch, transportation and all tournament fees. Please mark the appropriate box on the registration form.
To view the full program brochure, click here
2016 Mid-Atlantic Bankruptcy Workshop Sponsors
Special Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, Donlin, Recano & Company, Inc. for the conference app, East West Bank for the bottled water, Miles & Stockbridge for the hotel keycards, Sherwood Partners, Inc. / agencyIP for sponsoring the exhibit hall, Thomson Reuters for the educational materials and Wilmington Trust for the tote bags.
To view the full program brochure, click here
Rates
Registration Rates Early Bird
Postmarked by 6/3/16Regular
6/4/16-7/15/16Late
after 7/15/16ABI Member$625$675$725Gov./Nonprofit/Aca. ABI Member$345$395$445New ABI Member*$895$945$995New Gov./Nonprofit/Aca. ABI Member**$440$490$540Exhibitor Rates
ABI Member Exhibitor $1,600 New Member Exhibitor** $1,895 Add’l. Booth Rep.*** * $500 Optional Events
Opening Reception RegistrantGuest (adult)Child (ages 12 and under)Free$50$25Family Picnic$15Golf TournamentHandicap __________$125ABI Golf TourHandicap __________$125Sporting Clays Tournament$150Dinner and Dancing Registrant
Guest (adult)Child (ages 12 and under)$25
$95
$45
Registration rates include the Opening Reception, Friday and Saturday Breakfasts, Friday Dinner and Dancing, all refreshment breaks and the written materials.
* Includes a one-year ABI membership for first-time members only — a $295 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.
** Includes a one-year ABI membership; you must be an ABI member to attend. Membership is individual and nonrefundable.
*** All exhibitor rates include the Opening Reception, Friday and Saturday Breakfasts and all refreshment breaks.
To view the full program brochure, click here
Event Information 239750
Thursday, September 8
8:00 a.m.
Optional Event
Golf Tournament at Royal Links Golf Club
Sponsored by Whiteford Taylor & Preston LLP
9:00 a.m.
Optional Event
Mt. Charleston and Fletcher Canyon Trail Hike
9:00 a.m.-5:00 p.m.
American Board of Certification Exams
3:00-6:00 p.m.
ABI Registration Desk Open
6:00-7:30 p.m.
Opening Reception
Sponsored by Bryan Cave LLP, Development Specialists, Inc., KCC and Perkins Coie LLP
Friday, September 9
7:00 a.m.-5:00 p.m.
ABI Registration Desk Open
7:30-8:00 a.m.
Networking Breakfast
Sponsored by Greenberg Traurig, LLP
8:00-9:30 a.m.
Very Good Debates
John W. Lucas, Moderator
Pachulski Stang Ziehl & Jones LLP; San Francisco
Judicial Debate
Resolved: Structured dismissals of chapter 11 cases must always follow the Bankruptcy Code's priority structure.
Pro: Hon. August B. Landis
U.S. Bankruptcy Court (D. Nev.); Las Vegas
Con: Hon. Deborah L. Thorne
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Business Debate
Resolved, a company deriving income indirectly from marijuana sales that are legal under state law should be eligible for relief under the Bankruptcy Code.
Pro: Daniel J. Garfield
McAllister Law Office P.C.; Denver
Con: Candace C. Carlyon
Morris Polich & Purdy LLP; Henderson, Nev.
Consumer Debate
Resolved: The filing of a Proof of Claim, for a debt on which the statute of limitations has run, is a violation of the FDCPA.
Pro: Stephen E. Berken
Berken and Associates; Denver
Con: Alane A. Becket
Becket & Lee, LLP; Malvern, Pa.
9:30-9:45 a.m.
Coffee Break
Sponsored by Pachulski Stang Ziehl & Jones LLP
9:45-11:00 a.m.
Concurrent Sessions (3)
Business Development and Marketing Your Practice (Consumer Cross-Over Panel)
The panel will discuss the ins and outs of business development and the various ways attorneys and their firms market their practices.
Randy Nussbaum, Moderator
Nussbaum Gillis & Dinner, P.C.; Scottsdale, Ariz.
John R. Bollinger
Boleman Law Firm, P.C.; Hampton, Va.
Jonathan Frutkin
The Frutkin Law Firm, PLC; Phoenix
James Patrick Shea
Armstrong Teasdale LLP; Las Vegas
KEIPs and KERPs: What’s the Difference, and Why Is the UST Objecting?
This panel will discuss the role of key employee incentive and retention plans in bankruptcy cases, including the development of such plans and the legal and factual requirements for approval by the bankruptcy court.
Jordan A. Kroop, Moderator
Perkins Coie LLP; Phoenix
Tracy Hope Davis
Office of the U.S. Trustee; San Francisco
Hon. M. Elaine Hammond
U.S. Bankruptcy Court (N.D. Cal.); San Jose
Andrew J. Hinkelman
FTI Consulting, Inc.; San Francisco
Commercial and Residential Real Property Issues in Business and Consumer Cases
As the value of commercial and residential real property is often in flux, especially in light of the Great Recession of 2008, the rights and obligations of interested parties, as well as their incentives and motivations, can change. This panel will discuss the implications of changing valuations of residential real property in chapter 7 and 13 cases, as well as residential and commercial real property in chapter 11 cases.
Oren B. Haker, Moderator
Stoel Rives LLP; Portland, Ore.
Thomas H. Allen
Allen Barnes & Jones, PLC; Phoenix
Ariane Holtschlag
The Law Office of William J. Factor, Ltd.; Chicago
Hon. Eugene R. Wedoff (ret.)
Sole Practitioner; Oak Park, Ill.
11:00-11:15 a.m.
Coffee Break
Sponsored by Gavin/Solmonese LLC and Polsinelli
11:15 a.m.-12:30 p.m.
Concurrent Sessions (3)
Recent Developments in Chapter 11
This panel will discuss recent developments in chapter 11 and other business-related restructuring issues.
Robert J. Pfister, Moderator
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Eric R. Carlson
Imperial Capital, LLC; San Francisco
Scott B. Cohen
Engelman Berger, PC; Phoenix
Kimberly A. Posin
Latham & Watkins LLP; Los Angeles
Hon. Gregg W. Zive
U.S. Bankruptcy Court (D. Nev.); Reno
What Do Clients Really Want? (Consumer Cross-Over Panel)
This panel will include individuals from various business sectors discussing how they select counsel and what they expect from their counsel during the representation.
Jason S. Brookner, Moderator
Gray Reed & McGraw, P.C.; Dallas
T. Scott Avila
Armory Strategic Partners, LLC; Manhattan Beach, Calif.
Mark D. Barbeau
CR3 Partners, LLC; Plano, Tex.
Julie Minnick Bowden
General Growth Properties, Inc.; Washington, D.C.
Brian S. Gillman
Mesa Airlines; Phoenix
Recovering and Protecting Legal Fees in Bankruptcy: A Real Gamble! (Consumer Cross-Over Panel)
This panel will discuss the various obstacles attorneys can encounter when collecting fees. The discussion will include enforcement of contractual and statutory rights to payment, over- and undersecured claims, preference claims arising from the payment of attorneys’ fees, fees incurred defending fee application objections, and other related issues.
Gregory E. Garman, Moderator
Garman Turner Gordon LLP; Las Vegas
Hon. Scott C. Clarkson
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
Paul S. Jasper
Schnader Harrison Segal & Lewis LLP; San Francisco
Robert John Miller
Bryan Cave LLP; Phoenix
12:30-1:30 p.m.
Networking Luncheon
Sponsored by Allen Barnes & Jones, PLC, Engelman Berger, PC, Whiteford Taylor & Preston LLP and Winston & Strawn LLP
1:30-2:45 p.m.
Concurrent Sessions (3)
Selling an Insider’s Claim and Buying Plan Confirmation
In the first decision addressing the point, the Ninth Circuit held that there’s a difference between an insider and a claim held by an insider. The ruling blessed an insider’s sale of a claim, relieving the claim of any taint and allowing the new holder to vote on confirmation. The panel looks at the developing issues on whether the buyer is a nonstatutory insider and whether the plan can be pursued in good faith after such a sale.
Louis M. Bubala, III, Moderator
Kaempfer Crowell; Reno, Nev.
Hon. Randall L. Dunn
U.S. Bankruptcy Court (D. Ore.); Portland
Holly E. Estes
Walter Wilhelm Bauer; Fresno, Calif.
Thomas H. Fell
Fennemore Craig, P.C.; Las Vegas
I Don’t Want to Date You, but I’d Love to Work with You: Speed-Marketing
Do you have your elevator pitch polished? At this event, you will have the opportunity to meet 40 professionals in a speed-networking setting where you will have three minutes to present your pitch. Limited to the first 40 registrants.
How to Use Adversary Proceedings Process in Chapter 7 and 13 Cases
This panel will discuss how consumer attorneys can use chapter 5 avoidance actions and other adversary proceedings in chapter 7 and 13 cases.
Samuel A. Schwartz, Moderator
Schwartz Flansburg PLLC; Las Vegas
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Claire Ann Resop
Steinhilber Swanson Resop & Sipsma; Madison, Wis.
Autumn D. Spaeth
Smiley Wang-Ekvall, LLP; Costa Mesa, Calif.
2:45-3:15 p.m.
Refreshment Break
Sponsored by Proskauer
3:15-4:30 p.m.
Concurrent Sessions (2)
D&O Policies, Property of the Estate and Case Administration
This panel will discuss how the D&O insurance policy of a company in chapter 11 is impacted by the company’s filing, and will include property-of-the-estate issues, stay relief and court authorization, and how to use the proceeds to drive settlements.
Jeffrey M. Reisner, Moderator
Irell & Manella LLP; Newport Beach, Calif.
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Bradley D. Sharp
Development Specialists, Inc.; Los Angeles
Christopher C. Simpson
Stinson Leonard Street LLP; Phoenix
Consumer Bankruptcy Law Update
This panel will include a survey of recent developments in consumer bankruptcy law and will discuss when filing a proof of claim for a stale claim is a violation of the FDCPA (e.g., CFPB v. Hanna Law Firm, chapter 13 attorneys’ fees after the Supreme Court decision of Viegelahn v. Harris, chapter 7 trustees’ ability to prime certain liens in favor of other creditors using § 724, state of student loan discharges), among other issues.
Michael F. Thomson, Moderator
Dorsey & Whitney LLP; Salt Lake City
Allan D. NewDelman
Law Office of Allan D. NewDelman, P.C.; Phoenix
Hon. Paul Sala
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Andrea Wimmer
Marco|Wimmer, PLLC; Mesa, Ariz.
4:30-5:30 p.m.
Happy Hour
Sponsored by DLA Piper LLP, McGuireWoods LLP, Nussbaum Gillis & Dinner, P.C. and Stinson Leonard Street LLP
7:00 p.m.
Optional Event
Billy Idol - FOREVER at House of Blues
Saturday, September 10
8:00 a.m.-12:00 noon
ABI Registration Desk Open
8:30-9:00 a.m.
Networking Breakfast
Sponsored by EY, Latham & Watkins, LLP and Stoel Rives LLP
9:00-10:15 a.m.
Hotcakes and Hot Topics: Judges’ Roundtable Q&A
This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country. The judges will share their thoughts and perspectives, as well as take questions from the audience, on topics of current interest in both business and consumer cases.
Jeffrey N. Pomerantz, Moderator
Pachulski Stang Ziehl & Jones LLP; Los Angeles
10:15-10:30 a.m.
Coffee Break
Sponsored by Alvarez & Marsal and Imperial Capital, LLC
10:30-11:45 a.m.
Plenary Session
Ethics Roundtable
This panel will discuss various ethical issues in consumer- and business-related bankruptcy cases and other restructurings.
Scott D. Fleming, Moderator
Armstrong Teasdale LLP; Las Vegas
Dawn M. Cica
Black & LoBello; Las Vegas
Hon. Daniel P. Collins
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Robert K. Sahyan
Sheppard, Mullin, Richter & Hampton LLP; San Francisco
11:45 a.m.
Adjourn
To view the full program brochure, click here
Judicial Chair
Hon. Bruce T. Beesley
U.S. Bankruptcy Court (D. Nev.); Reno
Program Co-Chairs
John W. Lucas
Pachulski Stang Ziehl & Jones LLP; San Francisco
Randy Nussbaum
Nussbaum Gillis & Dinner, P.C.; Scottsdale, Ariz.
Sponsorship Chair
Bradley D. Sharp
Development Specialists, Inc.; Los Angeles
Advisory Board
Thomas H. Allen
Allen Barnes & Jones, PLC; Phoenix
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
John D. Bittner
PricewaterhouseCoopers LLP; Dallas
Jason S. Brookner
Gray Reed & McGraw, PC; Dallas
Louis M. Bubala, III
Kaempfer Crowell; Reno, Nev.
Rob Charles
Lewis Roca Rothgerber LLP; Tucson, Ariz.
Dawn M. Cica
Black & LoBello; Las Vegas
David D. Cleary
Greenberg Traurig, LLP; Phoenix
Patrick A. Clisham
Engelman Berger, PC; Phoenix
Hon. Daniel P. Collins
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Ford Elsaesser
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho
Scott D. Fleming
Armstrong Teasdale LLP; Las Vegas
Gregory E. Garman
Garman Turner Gordon; Las Vegas
Peter J. Gurfein
Landau Gottfried & Berger LLP; Los Angeles
Douglas E. Himmel
Melville Capital; Venice, Calif.
Nicole Horton
EY; Los Angeles
Paul S. Jasper
Schnader Harrison Segal & Lewis LLP; San Francisco
Steven D. Jerome
Snell & Wilmer L.L.P.; Phoenix
Carolyn J. Johnsen
Dickinson Wright PLLC; Phoenix
Lance N. Jurich
Loeb & Loeb LLP; Los Angeles
Aaron M. Kaufman
Dykema Cox Smith; Dallas
Jordan A. Kroop
Perkins Coie LLP; Phoenix
Heather A. LaSalle
McGlinchey Stafford PLLC; New Orleans
Nile Leatham
Kolesar & Leatham; Las Vegas
Jeff Nerland
SierraConstellation Partners LLC; Los Angeles
Robert J. Pfister
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Mark A. Platt
McGuireWoods LLP; Dallas
Justin E. Rawlins
Winston & Strawn LLP; Los Angeles
Cathy L. Reece
Fennemore Craig, P.C.; Las Vegas
Jeffrey M. Reisner
Irell & Manella LLP; Los Angeles
Deb Riley
Allen Matkins Leck Gamble Mallory & Natsis LLP; San Diego
Robert K. Sahyan
Sheppard, Mullin, Richter & Hampton LLP; San Francisco
Samuel A. Schwartz
Schwartz Flansburg PLLC; Las Vegas
Christopher J. Wells
Alvarez & Marsal; Phoenix
Daniel R. Williams
Fenix Financial Services, LLC; Scottsdale, Ariz.
John T. Young, Jr.
Conway MacKenzie, Inc.; Houston
Hon. Gregg W. Zive
U.S. Bankruptcy Court (D. Nev.); Reno
Optional Events
Golf Tournament at Royal Links Golf Club
Thursday, September 8, 8:00 a.m.
Missed your invitation to play in the British Open? Don’t worry; you can still play 18 of the best holes from 11 different British Open rotation courses. Conveniently located less than nine miles from the heart of the world-famous Las Vegas Strip, Royal Links is not your typical golf course. Whether you are interested in the history of the game or just want a shot at besting Tiger Woods’ course record of 67 (Feb. 2001), Royal Links is sure to provide you with some great golfing memories. The $190 green fee includes transportation from the Four Seasons, all tournament fees and lunch at the tournament’s conclusion. Please mark the appropriate box on the registration form, and indicate your handicap. For those participating in the ABI Golf Tour, this will be the sixth stop. Please check the ABI Golf Tour box on the registration form. For more information on the tour, see golf.abi.org.
Mt. Charleston and Fletcher Canyon Trail Hike
Thursday, September 8, 9:00 a.m.
The Friends of Nevada Wilderness have arrange a hike to Mt. Charleston Wilderness and the Fletcher Canyon Trail. Las Vegas may sizzle with excitement, but let’s face it: The summer heat can get out of control. Even the most ardent of sun worshippers look for a break, and hotel swimming pools and air-conditioned malls just aren’t enough. Luckily, just 35 miles northwest of Las Vegas visitors can find the cool mountain breezes, fresh air and all-around scenic beauty of Mt. Charleston. Part of the Spring Mountain Range and Toiyabe National Forest, Mt. Charleston ranges from 3,000-12,000 feet in elevation. It is Nevada’s eighth-highest mountain peak and one of the Top 10 most topographically prominent peaks in the U.S. Featuring such trees as juniper, mountain mahogany, and Aspen and Ponderosa pine, and animals such as wild burros, songbirds, deer and desert tortoises, Mt. Charleston feels a million miles away from the city. The $95-per-person fee includes transportation, a dedicated tour guide, and water and snacks. Please mark the appropriate box on the registration form.
Billy Idol - FOREVER at House of Blues
Friday, September 9, 7:00 p.m.
Billy Idol, along with his longtime guitarist Steve Stevens and the rest of Idol’s band, will perform all of his greatest hits! The show features material from throughout Idol’s career, from his days fronting the seminal British punk band Generation X to the hits the world has come to know and love, including “Rebel Yell,” “White Wedding,” “Dancing with Myself” and many more. From punk pioneer to global superstar, Billy Idol has created an unparalleled niche in popular music and has remained a household name for more than three decades. Tickets for premium seats are $120 per person. Please mark the appropriate box on the registration form.
To view the full program brochure, click here
Conference Information
Hotel
The Four Seasons Hotel 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 $235 per night. To secure the special rate, reservations must be made directly with the resort by August 10, 2016. 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.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice is received in writing by August 18, 2016. No refunds will be made if notice is received after August 18, although substitutions will be allowed. After August 18, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for the same conference next year.
Continuing Education
9 hours of CLE credit, including 2.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and approval for 10.5 hours of CLE credit, including 3 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 10.5 hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 10.5 hours, of which 2.5 hours will apply to ethics. 10.5 hours of CPE credit, including 3 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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 complaints and refunds, 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 email to [email protected].
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its Business Bankruptcy, Consumer Bankruptcy and Creditors’ Rights exams at the Four Seasons Hotel Las Vegas on Thursday, September 8, 2016, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by emailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
To view the full program brochure, click here
Royal Flush
Straight Flush
Four of a Kind
Allen Maguire & Barnes PLC
Alvarez & Marsal
DLA Piper LLP
Engelman Berger, PC
EY
Gavin/Solmonese LLC
Imperial Capital, LLC
Latham & Watkins LLP
McGuire Woods LLP
Pachulski Stang Ziehl & Jones LLP
Polsinelli
Proskauer
Stinson Leonard Street LLP
Stoel Rives LLP
Winston & Strawn LLPFull House
Armstrong Teasdale, LLP
Berkeley Research Group, LLC (BRG)
Dorsey & Whitney LLP
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.
Fennemore Craig PC
Fox Rothschild, LLP
The Frutkin Law Firm, PLC
Irell & Manella LLP
Kaempfer Crowell
Klee, Tuchin, Bogdanoff & Stern LLP
Lewis Roca Rothgerber Christie LLP
McGlinchey Stafford PLLC
Morris Polich & Purdy LLP
Navigant Consulting, Inc.
Prime Clerk
Schnader Harrison Segal & Lewis LLP
Schwartz Flansburg
Sheppard, Mullin, Richter & Hampton LLP
SierraConstellation Partners LLCSpecial Thanks
We extend out special thanks to Bloomberg BRIEF for the media partnership, Conway MacKenzie, Inc. for the conference lanyards, Deloitte CRG for the conference wi-fi, Donlin, Recano, Inc. for the conference app, East West Bank for the pocket guides, Sherwood Partners, Inc./agency IP for sponsoring the exhibit hall, Summit Investment Management for the hotel keycards, Thomson Reuters for the educational materials and Wilmington Trust for the tote bags.
To view the full program brochure, click here
Rates
Registration Rates Early
(postmarked by 6/24/16)Regular
(6/25/16-8/19/16)Late
(after 8/19/16)ABI Member$625$670$720ABI Govt./Nonprofit ABI Member$345$395$445New ABI Member*$895$945$995Govt./Nonprofit New ABI Member*$440$490$540ON-SITE FEE: $795 ABI Member
$1,090 New ABI Member
* Includes a one-year membership for first-time members only — a $295 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
Opening ReceptionOpening Reception GuestFree$75Golf Tournament at Royal LinksHandicap ________$190ABI Golf TourHandicap ________$190Mt. Charleston Hike$95Happy HourHappy Hour GuestFree$50Billy Idol - FOREVER$120To view the full program brochure, click here
Event Information 240129
Friday, October 7
7:30-8:15 a.m.
Registration and Continental Breakfast
Sponsored by Whiteford Taylor Preston, LLP
8:15-8:30 a.m.
Welcome Remarks
David R. Kuney, Program Chair
Whiteford Taylor Preston, LLP; Washington, D.C.
Lawrence J. Center, Assistant Dean
Georgetown Law CLE; Washington, D.C.
Amy A. Quackenboss, Deputy Executive Director
American Bankruptcy Institute; Alexandria, Va.
8:30-9:30 a.m.
What’s Wrong with Chapter 11?
This panel will explore the trend of private-equity firms and hedge funds favoring out-of-court workouts (with or without a pre-packaged or pre-arranged bankruptcy case) rather than traditional chapter 11 cases for achieving their restructuring goals. The panel will also debate whether the Chapter 11 Reform Commission’s recommendations adequately address such issues. Cases to be discussed include Tribune Co. fraudulent conveyance litigation, Sun Capital, ICL Holding and Sabine Oil & Gas Corp., et al.
Deryck A. Palmer, Moderator
Pillsbury Winthrop Shaw Pittman LLP; New York
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Kevin Gross
U.S. Bankruptcy Court (D. Del.); Wilmington
Stephanie Wickouski, Facilitator
Bryan Cave; New York
9:30-10:30 a.m.
Clean-Up in Aisle 5: Does Bankruptcy Still Work for Retail?
Are lenders finding strategies to avoid the Code’s landlord protections? This panel will explore whether a debtor’s obligation to timely perform is being honored, rejection/assumption rules modified in DIP orders, use of nunc pro tunc rejection to minimize claims, and other issues in today’s retail cases.
Martin J. Bienenstock, Moderator
Proskauer; New York
Hon. Kevin R. Huennekens
U.S. Bankruptcy Court (E.D. Va.); Richmond
Hon. Michael B. Kaplan
U.S. Bankruptcy Court (D. N.J.); Trenton
Hon. Wendelin I. Lipp
U.S. Bankruptcy Court (D. Md.); Greenbelt
David L. Pollack, Facilitator
Ballard Spahr LLP; Philadelphia
10:30-10:45 a.m.
Networking Break
Sponsored by AlixPartners LLP and Loeb & Loeb LLP
10:45-11:45 a.m.
Confirmation and Beyond
This panel will explore a variety of issues related to plan confirmation, including artificial impairment (Village Green I, GP v. Federal National Mortgage Association), cramdown interest rates/subordination/make-whole provisions (MPM Silicones) and third-party releases (Millennium Lab Holdings).
Jay M. Goffman, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Hon. Clifton R. Jessup, Jr.
U.S. Bankruptcy Court (N.D. Ala.); Decatur
Hon. Laurie Selber Silverstein
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Michael E. Wiles
U.S. Bankruptcy Court (S.D.N.Y.); New York
Peter M. Friedman, Facilitator
O’Melveny & Myers LLP; Washington, D.C.
11:45 a.m.-1:00 p.m.
Working Lunch: Breakouts 1-3
Sponsored by Pachulski Stang Ziehl & Jones LLP
A facilitator will lead additional discussions from the three morning panels, providing a unique opportunity for attendees to follow up on the morning’s topics in small groups over lunch with the judicial faculty.
1:00-2:00 p.m.
Great Debates
Paul M. Nussbaum, Moderator
Whiteford Taylor Preston, LLP; Baltimore
Resolved: A structured dismissal that violates the absolute priority rule should never be permitted.
Pro: Craig Goldblatt
WilmerHale; Washington, D.C.
Con: Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Resolved: Asset sales under § 363 should lawfully be free and clear of successor-liability claims.
Pro: Hon. Robert E. Gerber (ret.)
U.S. Bankruptcy Court (S.D.N.Y.); New York
Con: William P. Weintraub
Goodwin Procter LLP; New York
2:00-3:00 p.m.
Fiduciary Duties: Rights and Wrongs for Directors of Financially Troubled Companies
This panel will delve into recent trends in breach-of-duty litigation against officers and directors, developments in Delaware fiduciary duty case law that bankruptcy lawyers should know about, standing to assert D&O claims, the in pari delicto defense, D&O insurance coverage issues, breach-of-duty claims against lenders, and D&O litigation involving private-equity funds. Cases to be discussed include Liberty State Benefits of Delaware Inc., MF Global Holdings Ltd. and SGK Ventures LLC.
Mark D. Collins, Moderator
Richards, Layton & Finger, PA; Wilmington, Del.
Chancellor Andre G. Bouchard
Delaware Court of Chancery; Wilmington, Del.
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. S. Martin Teel, Jr.
U.S. Bankruptcy Court (D. D.C.); Washington, D.C.
Michael L. Bernstein, Facilitator
Arnold & Porter LLP; Washington, D.C.
3:00-3:30 p.m.
Networking Break
Sponsored by BakerHostetler and Skadden, Arps, Slate, Meagher & Flom LLP
3:30-4:30 p.m.
Navigating the Roads of Retention in a Post-ASARCO World: Conflicts, Compensation and Other Conundrums
This panel will address a variety of current issues including “disinterestedness” and “the 1% Rule,” attempted workarounds in the aftermath of Baker Botts v. ASARCO LLC and other ethical challenges, along with guidance under various applicable Rules of Professional Conduct, such as rules regarding fees (RPC 1.5), confidentiality (RPC 1.6), conflicts of interest (RPC 1.7) and candor with the court (RPC 3.3).
Erika L. Morabito, Moderator
Foley & Lardner LLP; Washington, D.C.
Hon. Ashely M. Chan
U.S. Bankruptcy Court (E.D. Pa.); Philadelphia
Hon. Robert G. Mayer
U.S. Bankruptcy Court (E.D. Va.); Alexandria
Hon. Mary F. Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington
Richard M. Meth, Facilitator
Fox Rothschild LLP; Roseland, N.J.
4:30-5:30 p.m.
Cocktail Reception
Sponsored by Development Specialists, Inc.
To view the full program brochure, click here
Program Chair
David R. Kuney
Whiteford Taylor Preston, LLP; Washington, D.C.
Advisory Board
Marc Abrams
Willkie Farr & Gallagher LLP; New York
Derek C. Abbott
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Michael L. Bernstein
Arnold & Porter LLP; Washington, D.C.
Martin J. Bienenstock
Proskauer; New York
Jessica C.K. Boelter
Sidley Austin LLP; Chicago
Mark D. Collins
Richards, Layton & Finger, PA; Wilmington, Del.
Melanie L. Cyganowski
Otterbourg P.C.; New York
Edward C. Dolan
Hogan Lovells US LLP; Washington, D.C.
Mary Joanne Dowd
Arent Fox LLP; Washington, D.C.
Douglas M. Foley
McGuireWoods LLP; Washington, D.C.
Peter M. Friedman
O’Melveny & Myers LLP; Washington, D.C.
Karen A. Giannelli
Gibbons P.C.; Newark, N.J.
Jay M. Goffman
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Kristin K. Going
Drinker Biddle & Reath LLP; Washington, D.C.
Craig Goldblatt
WilmerHale; Washington, D.C.
Jason W. Harbour
Hunton & Williams LLP; Richmond, Va.
Gary T. Holtzer
Weil, Gotshal & Manges LLP; New York
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Humayun Khalid
Cleary Gottlieb Steen & Hamilton LLP; New York
Richard M. Kremen
DLA Piper; Baltimore
Michael R. Lastowski
Duane Morris LLP; Wilmington, Del.
Jeffrey A. Liesemer
Caplin & Drysdale, Chtd.; Washington, D.C.
Richard M. Meth
Fox Rothschild LLP; Roseland, N.J.
Erika L. Morabito
Foley & Lardner LLP; Washington, D.C.
Paul M. Nussbaum
Whiteford Taylor & Preston, LLP; Baltimore
Deryck A. Palmer
Pillsbury Winthrop Shaw Pittman LLP; New York
Hon. James M. Peck (ret.)
Morrison & Foerster LLP; New York
David L. Pollack
Ballard Spahr LLP; Philadelphia
Jeffrey S. Sabin
Venable LLP; New York
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Jeffrey L. Tarkenton
Womble Carlyle Sandridge & Rice, LLP; Washington, D.C.
Irving E. Walker
Cole Schotz P.C.; Baltimore
Stephanie Wickouski
Bryan Cave; New York
Donald A. Workman
BakerHostetler; Washington, D.C.
Conference Information
Hotel Reservations
A block of rooms has been held at the Hyatt Regency Washington on Capitol Hill for October 6-7, 2016, and will be honored until Tuesday, September 6, 2016. These rooms will be held as a block on a first-come, first-served basis until the above date, at which time they will be released to the general public. Be sure to mention the “Bankruptcy: Views from the Bench/Georgetown CLE (or code GLW6) room block to receive the room rate below.
Hyatt Regency Washington on Capitol Hill
400 New Jersey Avenue, NW
Washington, DC 20001
(202) 737-1234
(800) 233-1234
washingtonregency.hyatt.com
Room Rate: $269 per night
The hotel is approximately two blocks from the Law Center.Disclaimer
Speakers are subject to change
Services for People with Special Needs or Dietary Restrictions
Call (202) 662-9890 or email [email protected] with your requests.
Scholarships
Please apply online at www.georgetowncle.org, or submit written requests by 5:00 p.m. on September 30, 2016, to: Scholarship Committee, Georgetown CLE, 600 New Jersey Ave., NW, Washington, DC 20001, or fax to (202) 662-9891.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by September 16, 2016. No refunds will be made if notice is received after September 16, although substitutions will be allowed. After September 16, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
CLE Credit
Accreditation has been or will be requested for this program from states with mandatory Continuing Legal Education requirements for 6 CLE credits (based on a 60-minute hour) and 7.2 CLE credits (based on a 50-minute hour). Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown Law CLE is a State Bar of California-approved MCLE provider. Some states require nominal accreditation fees, and you will be asked to submit payment at the program’s conclusion. If you have any questions about CLE, please contact Georgetown Law CLE at (202) 662-9890.
CPE Credit
Georgetown Law CLE 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 Avenue North, Suite 700, Nashville, TN, 37219-2417, www.nasba.org.
Course Level
Overview, group live, no prerequisites or advanced preparation required; 7.2 CPE credits in the Specialized Knowledge and Applications Field of Study Program.
Program Location
Georgetown University Law Center
Hart Auditorium, First Floor
600 New Jersey Avenue, NW
Washington, DC 20001IMPORTANT: All visitors to the Law Center must enter through the second floor entrance facing New Jersey Avenue.
Parking Information
Due to the limited amount of parking available, the Georgetown University Law Center cannot provide parking for programs held there. Disabled persons may make arrangements to park at the Law Center by calling (202) 662-9330. We encourage attendees to take Metro or a taxi to the program. Drivers can use the following nearby parking garages:
Union Station Parking Garage
50 Massachusetts Avenue, NE, Washington, DC 20002
(202) 371-9441Colonial Parking Garage
500 New Jersey Avenue, NW, Washington, DC 20001Marcparc Parking Garage
601 New Jersey Avenue, NW, Washington, DC 20001
(202) 789-4000To view the full program brochure, click here
Breakfast Sponsor
Whiteford Taylor Preston, LLP
Morning Break Sponsors
AlixPartners LLP
Loeb & Loeb LLPLuncheon Sponsor
Pachulski Stang Ziehl & Jones LLP
Afternoon Break Sponsors
BakerHostetler
Skadden, Arps, Slate, Meagher & Flom LLPCocktail Reception Sponsor
Development Specialists, Inc.
General Conference Sponsor
McGuireWoods LLP
To view the full program brochure, click here
Rates
Registration Rates Early Bird
(postmarked by 7/15/16)Regular
(7/16/16-9/9/16)Late
(after 9/9/16)ABI Member$545$595$645Georgetown Law Alumnus$545$595$645ABI Govt./Academic Member$295$345$395New ABI Member*$820$870$920Govt./Academic New ABI Member*$390$440$490* Includes a one-year ABI membership for first-time members — a $295 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership renewal fee.
To view the full program brochure, click here
Event Information 240545
Thursday, September 29
12:00-5:30 p.m.
ABI Registration Desk Open
1:00-1:15 p.m.
Welcome
1:15-2:15 p.m.
Plenary Session: How to Argue Bankruptcy Issues to Courts of General Jurisdiction
This session will provide guidance on how to frame your argument, avoid jargon, provide the appropriate statutory framework and strengthen your case when presenting arguments before nonbankruptcy judges.
Sherri L. Wattenbarger, Moderator
Office of the U.S. Trustee, Region 13; Kansas City
Hon. Karen Arnold-Burger
Kansas Court of Appeals; Topeka, Kan.
Hon. Duane Benton
U.S. Court of Appeals for the Eighth Circuit; Kansas City
Hon. Kevin P. Moriarty
Johnson County, Kansas District Court; Olathe, Kan.
Hon. Brian C. Wimes
U.S. District Court (W.D. Mo.); Kansas City
2:15-2:30 p.m.
Refreshment Break
Sponsored by RubinBrown LLP
2:30-3:45 p.m.
Concurrent Breakouts (2)
Consumer Track: “Can You Make a Rash Decision?”: Valuation Issues in Consumer Cases
In an informative and fun game show format, this panel will present a whole host of valuation issues that arise in bankruptcy.
Wesley F. Smith, Moderator
Stevens & Brand LLP; Lawrence, Kan.
Andrew J. Nazar
Polsinelli; Kansas City
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Dale L. Somers
U.S. Bankruptcy Court (D. Kan.); Wichita
Business Track: Hot and Emerging Topics in § 363 Sales: Of Structured Dismissals and Creeping Liabilities
Section 363 sales have become a widely accepted, if not preferred, method of monetizing the assets of a debtor in chapter 11 bankruptcy. This expert panel will discuss the hot and emerging topics related to § 363 sales.
Lisa G. Beckerman, Moderator
Akin Gump Strauss Hauer & Feld LLP; New York
Richard Peil
GlassRatner Advisory & Capital Group LLC; Phoenix
Thomas J. Salerno
Stinson Leonard Street LLP; Phoenix
Hon. Anita L. Shodeen
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
3:45-4:00 p.m.
Refreshment Break
4:00-5:30 p.m.
Concurrent Breakouts (2)
Consumer Track: Silence Is Not Golden: Disclosure Issues in Consumer Cases
This ethics session will discuss the various disclosure obligations that exist in consumer cases.
Bruce E. Strauss, Moderator
Merrick, Baker & Strauss, P.C.; Kansas City
Daniel J. Casamatta
Acting U.S. Trustee, Region 13; Kansas City
David A. Eron
Eron Law; Wichita, Kan.
Hon. Lee M. Jackwig
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
Sara Rittman
Rittman Law, LLC; Jefferson City, Mo.
Business Track: Representing the Corporate Client in Bankruptcy
This session will discuss the difficulties in representing a corporate client, including issues that arise when there is a conflict between what is in the best interest of the company versus the personal interests of the officers and directors, especially in an insolvency situation.
Scott A. Eisenberg, Moderator
Amherst Partners; Birmingham, Mich.
Thomas M. Horan
Shaw Fishman Glantz & Towbin, LLC
Laura Uberti Hughes
Bryan Cave LLP; St. Louis
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
5:30-7:30 p.m.
Opening Reception
Sponsored by Advisory Board Member Firms
Friday, September 30
7:30-8:00 a.m.
Continental Breakfast
Sponsored by MorrisAnderson
8:00-8:15 a.m.
Welcome and Second-Day Announcements
8:15-9:45 a.m.
Plenary Session
Great Debates
Brian T. Fenimore, Moderator
Lathrop & Gage LLP; Kansas City
Consumer Debate
Resolved: An out-of-statute proof of claim violates the FDCPA.Pro: Thad O. Bartholow
Kellett & Bartholow PLLC; Dallas
Con: Alane A. Becket
Becket & Lee, LLP; Malvern, Pa.
Business Debate
Resolved: Assets can be sold free and clear of liens in state court receiverships.Pro: Claire Ann Resop
Steinhilber, Swanson, Resop & Sipsma; Madison, Wis.
Con: Hon. Arthur B. Federman
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Judges Debate
Resolved: Third-party releases should not be allowed in chapter 11 plans.Pro: Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Con: Hon. Thomas L. Saladino
U.S. Bankruptcy Court (D. Neb.); Omaha
9:45-10:00 a.m.
Refreshment Break
Sponsored by Stinson Leonard Street LLP
10:00-11:15 a.m.
Plenary Session
Bankruptcy Law Round-Up
This session will feature a “speed-dating-style” roundtable discussion of current bankruptcy and practical skills issues, with regional judges, trustees and academics changing tables every 15-20 minutes.
Coordinating Moderators:
Lisa A. Epps
Spencer Fane LLP; Kansas City
Jill D. Olsen
The Olsen Law Firm, LLC; Kansas City
Table Moderators:
Hon. Robert D. Berger
U.S. Bankruptcy Court (D. Kan.); Kansas City
Prof. Andrea J. Boyack
Washburn University School of Law; Topeka, Kan.
Daniel J. Casamatta
Acting U.S. Trustee, Region 13; Kansas City
Hon. Thad J. Collins
U.S. Bankruptcy Court (N.D. Iowa); Cedar Rapids
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Arthur B. Federman
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Richard V. Fink
Chapter 13 Trustee (W.D. Mo.); Kansas City
Will H. Griffin
Chapter 13 Trustee (D. Kan.); Fairview
Hon. Lee M. Jackwig
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
Hon. Janice Miller Karlin
U.S. Bankruptcy Court (D. Kan.); Topeka
Kathleen A. Laughlin
Chapter 13 Trustee (D. Neb.); Omaha
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Robert E. Nugent
U.S. Bankruptcy Court (D. Kan.); Wichita
Hon. Charles “Sketch” Rendlen
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Hon. Thomas L. Saladino
U.S. Bankruptcy Court (D. Neb.); Omaha
Hon. Anita L. Shodeen
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
Hon. Dale L. Somers
U.S. Bankruptcy Court (D. Kan.); Topeka
Hon. Kathy Surratt-States
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
11:15 a.m.-12:15 p.m.
Concurrent Breakouts (2)
Consumer Track: A Comparison of Individual Chapter 11s to Chapter 13: There Is a Decided Difference
While they share many similarities, individual chapter 11 cases are markedly different from chapter 13 cases. This session will highlight the differences between these two types of cases and the potential pitfalls that exist for the uninformed practitioner.
Mark G. Stingley, Moderator
Bryan Cave LLP; Kansas City
Rudy J. Cerone
McGlinchey Stafford PLLC; New Orleans
Lee M. Kutner
KutnerBrinen, P.C.; Denver
Patricia A. Redmond
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.; Miami
James Patrick Shea
Armstrong Teasdale LLP; Las Vegas
Business Track: The § 1111(b) Election: What It Is and Why You Should Care
A seldom-used, and even lesser-understood, provision of the Bankruptcy Code, the 1111(b) election can provide substantial leverage to a secured creditor in a bankruptcy case. This session will detail what the election is and why — as either a creditors’ or debtors’ attorney — you should understand the ramifications it can have on your case.
John J. Cruciani
Husch Blackwell LLP; Kansas City
Franklind D. Lea
Tactical Financial Consulting, LLC; Alpharetta, Ga.
12:15-1:45 p.m.
Awards Ceremony and Announcements
Networking Lunch1:45-2:45 p.m.
Concurrent Breakouts (2)
Consumer Track: Elder Law and Bankruptcy
As the elderly population continues to grow, the intersection between bankruptcy and elder law will continue to grow with it. This session will focus on issues unique to elder law and the various considerations every consumer practitioner should know when these two very unique areas of law intersect.
P. Glen Smith, Moderator
Smith Elder & Business Law LLC; Kansas City
Stacey L. Janssen
Dysart Taylor Cotter McMonigle & Montemore, P.C.; Kansas City
John C. Reed
Pletz and Reed, P.C.; Columbia, Mo.
Molly M. Wood
Stevens & Brand LLP; Lawrence, Kan.
Business Track: WARN Act Employee Claims and Their Impact on Chapter 11 Cases
The Worker Adjustment and Retraining Notification (WARN) Act can have a substantial impact on the administration and reorganization of a chapter 11 debtor. This panel of chapter 11 and WARN Act experts will discuss the impact that the WARN Act has in a chapter 11 bankruptcy case.
Daniel F. Dooley, Moderator
MorrisAnderson; Chicago
Michael B. Bernstein
Arnold & Porter LLP; Washington, D.C.
Domenic E. Pacitti
Klehr Harrison Harvey Branzburg LLP; Wilmington, Del.
René S. Roupinian
Outten & Golden LLP; New York
2:45-3:00 p.m.
Refreshment Break
3:00-4:30 p.m.
Plenary Session
Bankruptcy Ethics Jeopardy
Set in the game show format of “Jeopardy,” this interactive ethics session will test the knowledge of the audience, provide valuable ethics information, and encourage networking among the participants.
Prof. Barbara Glesner Fines
UMKC School of Law; Kansas City
4:30 p.m.
Adjourn
Chairs
Hon. Dennis R. Dow, Judicial Chair
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Rachel L. Foley, Co-Chair
Foley Law, PC; Independence, Mo.
Eric L. Johnson, Co-Chair
Spencer Fane LLP; Kansas City
Advisory Board
Bryan C. Bacon
Evans & Dixon, L.L.C.; Columbia, Mo.
Mark V. Bossi
Thompson Coburn LLP; St. Louis
John J. Cruciani
Husch Blackwell LLP; Kansas City
Jeffrey A. Deines
Lentz Clark Deines PA; Overland Park, Kan.
Daniel F. Dooley
MorrisAnderson; Chicago
Susan K. Ehlers
Armstrong Teasdale LLP; St. Louis
Lisa A. Epps
Spencer Fane LLP; Kansas City
Brian T. Fenimore
Lathrop & Gage LLP; Kansas City
Laurence M. Frazen
Bryan Cave LLP; Kansas City
Jeana L. Goosmann
Goosmann Law Firm, PLC; Sioux City, Iowa
Benjamin F. Mann
Husch Blackwell LLP; Kansas City
Mark Moedritzer
Shook, Hardy & Bacon L.L.P.; Kansas City
Andrew W. Muller
Stinson Leonard Street LLP; Kansas City
Andrew J. Nazar
Polsinelli PC; Kansas City
Edward J. Nazar
Hinkle Law Firm LLC; Wichita, Kan.
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Gary A. Norton
Whitfield & Eddy, P.L.C.; Des Moines, Iowa
Jill D. Olsen
The Olsen Law Firm, LLC; Kansas City
Paul D. Sinclair
Polsinelli PC; Kansas City
Wesley F. Smith
Stevens & Brand LLP; Lawrence, Kan.
Mark G. Stingley
Bryan Cave LLP; Kansas City
Bruce E. Strauss
Merrick, Baker & Strauss, P.C.; Kansas City
Sherri L. Wattenbarger
Office of the U.S. Trustee; Kansas City
Victor F. Weber
Merrick, Baker & Strauss, P.C.; Kansas City
Ronald S. Weiss
Berman, DeLeve, Kuchan & Chapman, LLC; Kansas City
T. Randall Wright
Baird Holm LLP; Omaha, Neb.
Conference Information
Location/Hotel Accommodations
The Institute will be held at the Westin Kansas City at Crown Center, located at One East Pershing Road, Kansas City, MO 64108. ABI has arranged a special conference rate of $151/single or double per night. Make your reservations by August 29, 2016, to secure this special rate. ABI cannot guarantee anyone a room after the August 29 cut-off date or after the specially rated ABI block has been filled. You will receive a special room reservation link after you have registered with ABI. The hotel will sell out. Please make your reservations accordingly.
Ground/Air Transportation
Air: The Westin Kansas City is approximately 20 miles from Kansas City International Airport (MCI).
Ground: Courtesy phones for taxi service are located both inside and outside the terminal at each baggage claim area and at other strategic locations outside the terminal exits. Make sure that you give the dispatcher your exact location. If calling from a personal phone, call (816) 243-2345.
Local Information
For information about Kansas City restaurants, shopping, attractions, etc., see the Visit Kansas City website at www.visitkc.com or TripAdvisor at www.tripadvisor.com.
Continuing Education Credit
This program is approved for 12 hours of CLE credit in Missouri, including 3.6 hours of ethics and professionalism. 12 hours of general CLE credit, including 3.5 hours of ethics, are pending in Kansas and other 50-minute-hour states, and 10 hours of general CLE credit, including 3 hours of ethics, are pending in states calculating CLE on a 60-minute hour. 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 10 hours, of which 3 hours will apply to ethics. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 12 credit hours, of which 3.5 hours of credit can be applied toward the ethics professionalism requirement. 12 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 in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 8, 2016. No refunds will be granted after September 8, but substitutions will be allowed. After September 8, 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.
Premium Sponsors
GlassRatner
MorrisAnderson
RubinBrown LLP
Spencer Fane LLP
Stinson Leonard Street LLP
Patron Sponsors
Armstrong Teasdale LLP
Baird Holm LLP
Berman, DeLeve, Kuchan & Chapman, LLC
Bryan Cave LLP
Evans & Dixon, L.L.C
Foley Law, PC
Goosmann Law Firm, PLC
Hinkle Law Firm LLC
Husch Blackwell LLP
Lathrop & Gage LLP
Lentz Clark Deines PA
Merrick, Baker & Strauss, P.C.
MorrisAnderson
Polsinelli PC
Shook, Hardy & Bacon L.L.P
Stevens & Brand LLP
The Olsen Law Firm, LLC
Thompson Coburn LLP
Whitfield & Eddy, P.L.C.
Supporting Sponsors
Amherst Partners
Special Thanks
We extend our special thanks Thomson Reuters for providing the printed educational materials and Wilmington Trust for the tote bags.
Conference Rates
Registration Rates Early Bird
(postmarked by 7/29/16)Regular
(7/30/16- 9/2/16)Late
(after 9/2/16)Business Track: ABI Member$355$410$455Business Track: New ABI Member*$630$685$730Consumer Track: ABI Member$265$290$325Consumer Track: New ABI Member*$540$565$600* Includes a one-year ABI membership for first-time members — a $295 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
Member Exhibitor Registration**$1,100New Member Exhibitor Registration***$1,395Additional Booth Representative$500** 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.
Event Information 240572
Thursday, October 6
6:00-7:30 pm
Welcome Cocktail Reception
Flying Dutchman Bar (located in the Sofitel Legend The Grand Amsterdam Hotel)
Friday, October 7
8:00-9:00 a.m.
Continental Breakfast
Sponsored by Gavin/Solmonese LLC
9:00-9:30 a.m.
Introductions
Ian G. Williams
RSM Restructuring; London, England
Jeffrey N. Pomerantz, ABI President
Pachulski Stang Ziehl & Jones LLP; Los Angeles, USA
Ronald J. Silverman, ABI VP International
Hogan Lovells US LLP; New York
9:30-10:15 a.m.
Keynote Speaker
Sijmen De Ranitz
Resor; Amsterdam, Netherlands
10:15-11:15 a.m.
America Now!
A panel of eminent U.S. professionals will discuss current trends in U.S. insolvencies and restructurings, explore current legislation, comment on developments in the financial sector for distressed lending and highlight any emerging trends.
Andrew G. Dietderich, Moderator
Sullivan & Cromwell LLP; New York, USA
Bruce S. Bennett
Jones Day; Los Angeles
Ronen Bojmel
Guggenheim Securities, LLC; New York
Christopher R. Donoho, III
Hogan Lovells US LLP; New York
Edward Stenger
AlixPartners LLP; New York
11:15-11:45 a.m.
Coffee Break
Sponsored by Proskauer
11:45 a.m.-1:00 p.m.
Judicial Roundtable
George Bompas QC, Moderator
4 Stone Buildings; London, England
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.); New York, USA
Mr. Justice Robert Hildyard
High Court, Chancery Division; London, England
Judge Pierre Jean Neijt
Utrecht District Court; Netherlands
Hon. Ivan Verougstraete
Honorary President of the Supreme Court of Belgium; Brussels
1:05-2:20 p.m.
Networking Luncheon
2:30-3:30 p.m.
Eurozone Update
Lucas P. Kortmann, Moderator
Resor; Netherlands
Herve Diogo Amengual
Latham & Watkins; Paris, France
Brendan Colgan
Matheson; Dublin, Ireland
Annerose Tashiro
Schultze & Braun GmbH; Achern, Germany
3:30-4:00 p.m.
Afternoon Tea
4:00-5:00 p.m.
The Liability of Advisors and Office-Holders in Insolvency and Restructuring Cases
Dr. Christof W. Schiller, Moderator
anchor Rechtsanwälte; Mannheim, Germany
Michael Broeders
Freshfields Bruckhaus Deringer LLP; Amsterdam, Netherlands
Yves Brulard
DBB Law; Brussels, Belgium
Robert M. Fishman
Shaw Fishman Glantz & Towbin LLC; Chicago, USA
Nick Moser
Taylor Wessing LLP; London, England
5:00-5:15 p.m.
Closing Remarks
Ian G. Williams
RSM Restructuring; London, England
5:15-6:30 p.m.
Cocktails & Canapés
Programme Chair
Ian G. Williams
RSM Restructuring; London, England
Conference Information
Hotel
Sofitel Legend The Grand Amsterdam will put you in the heart of this historical city. From a 15th-century convent to royal lodgings to Dutch Admiralty headquarters to the city hall of Amsterdam, this hotel boasts a rich history. Today, after a careful renovation by French designer Sybille de Margerie, it is a place of hospitality, art and culture. ABI has arranged a special conference rate of €365 for a Classic room and €395 for a Superior room. In order to be eligible for the group rate, reservations may be made only once you have registered with ABI. Upon payment of the conference registration fees, you will receive hotel reservation information with your conference confirmation. Make your reservations by September 1, 2016, to reserve the special rate. Rooms are held on a first-come, first-served basis. ABI cannot guarantee any rooms after the specially rated ABI block is filled.
To book at classic room, please use this form: classic room form
To book a superior room, please use this form: superior room form
Continuing Education Credit
Approval for approximately 5 hours of CLE credit is pending in states calculating CLE on a 60-minute hour, and 6 hours of CLE credit 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 in the amount of 5 hours. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 6 credit hours. 6 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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.
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. All applications for financial assistance must be submitted by September 1, 2016. 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 16, 2016. No refunds will be granted after September 16, but substitutions will be allowed. After September 16, 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.
Rates
Registration Rates Early
(postmarked by 9/2/16)Regular
(after 9/2/16)ABI Member$595$695New ABI Member*$690$790*Includes a one-year ABI International membership.
Event Information 240764
Monday, October 10
8:00-8:30 a.m.
Continental Breakfast and Registration
8:30-9:45 a.m.
Case Law 2016: At Least Some Courts Have Spoken
Nathan E. Curtis, Moderator
Geraci Law L.L.C.; Chicago
Hon. Laura K. Grandy
U.S. Bankruptcy Court (S.D. Ill.); East Saint Louis
Craig E. Stevenson
DeWitt Ross & Stevens S.C.; Madison, Wis
Hon. Deborah L. Thorne
U.S. Bankruptcy Court (N.D. Ill.); Chicago
9:45-10:45 a.m.
Equity? You Don’t Have No Stinkin’ Equity! Valuation Issues and the Underwater Property
Hon. Catherine J. Furay, Moderator
U.S. Bankruptcy Court (W.D. Wis.); Eau Claire
Steven M. Wallace
HeplerBroom LLC; Edwardsville, Ill.
James T. Young
Rubin & Levin, P.C.; Indianapolis
10:45-11:00 a.m.
Coffee Break
Sponsored by Shaw Fishman Glantz & Towbin LLC
11:00 a.m.-12:00 noon
Law v. Siegel and the Ever-Changing Face of Exemptions
Mark S. Zuckerberg, Moderator
Law Office of Mark S. Zuckerberg; Indianapolis
Hon. Thomas L. Perkins
U.S. Bankruptcy Court (C.D. Ill.); Peoria
Ronald R. Peterson
Jenner & Block LLP; Chicago
William E. Wallo
Weld Riley, S.C.; Eau Claire, Wis.
12:00-1:15 p.m.
Luncheon
Sponsored by Lakelaw
Watch Out for the Bus!! Succession Planning for Lawyers and Their Firms
Brian Shaw, Moderator
Shaw Fishman Glantz & Towbin LLC; Chicago
Mary F. Andreoni
Illinois Attorney Registration and Disciplinary Commission; Chicago
Alan R. Olson
Altman Weil, Inc.; Milwaukee
1:15-2:30 p.m.
Things Don’t Always Go as Planned: Post-Confirmation Modifications and Appealing an Order Denying Confirmation
Nathan E. Delman, Moderator
The Semrad Law Firm, LLC; Chicago
Hon. G. Michael Halfenger
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Debra L. Miller
Standing Chapter 13 Trustee; South Bend, Ind.
Hon. Eugene R. Wedoff (ret.)
U.S. Bankruptcy Court (N.D. Ill.); Chicago
2:30-3:30 p.m.
Concurrent Sessions
Crafty Creditor Remedies for Chapter 13
Cherie K. Macdonald, Moderator
Greensfelder, Hemker & Gale, P.C.; Belleville, Ill.
Amy A. Aronson
Aronson & Walsh, PC; Vernon Hills, Ill.
Gary A. Norton
Whitfield & Eddy Law; Des Moines, Iowa
Susan E. Trent
Rothberg Logan & Warsco LLP; Fort Wayne, Ind.
Controlling the Crafty Chapter 13 Creditor
David P. Leibowitz, Moderator
Lakelaw, Chicago
J. David Krekeler
Krekeler Strother, S.C.; Madison, Wis.
George Vogl
Ledford, Wu & Borges, LLC; Chicago
3:30-3:45 p.m.
Refreshment Break
Sponsored by Codilis & Associates, PC
3:45-5:00 p.m
Ethical Alliteration: Due Diligence, Difficult Clients and Divorce
Hon. Margaret Dee McGarity, Moderator
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Deborah K. Ebner
Law Office of Deborah K. Ebner; Chicago, III.
Berton J. Maley
Codilis & Associates, P.C.; Burr Ridge, Ill.
Mary Robinson
Robinson Law Group, LLC; Chicago
5:00 p.m.
Adjourn
5:00-6:00 p.m.
Networking Cocktail Reception
Sponsored by Jenner & Block LLP.
Sponsored by The Law Office of William J. Factor, Ltd.
Judicial Chair
Hon. Janet S. Baer, Judicial Chair
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Co-Chair
Ariane R. Holtschlag, Co-Chair
FactorLaw; Chicago, Ill.
Berton J. Maley, Co-Chair
Codilis & Associates, P.C.; Burr Ridge, Ill.
Planning Committee
Joseph A. Baldi
Baldi Berg, Ltd.; Chicago
Hon. Donald R. Cassling
U.S. Bankruptcy Court (N.D. Ill.); Chicago
A. Stewart Chapman
Office of the Chapter 13 Trustee; Chicago
Nathan E. Curtis
Geraci Law L.L.C.; Chicago
Nathan E. Delman
The Semrad Law Firm, LLC; Chicago
Mehul D. Desai
Swanson & Desai, LLC; Chicago
Hon. Catherine J. Furay
U.S. Bankruptcy Court (W.D. Wis.); Eau Claire
Heather Giannino
Heavner, Beyers & Mihlar, LLC; Decatur, Ill.
David P. Leibowitz
Lakelaw; Waukegan, Ill.
Hon. Thomas M. Lynch
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Brian L. Shaw (ex-officio)
Shaw Fishman Glantz & Towbin LLC; Chicago
M. Gretchen Silver
Office of the U.S. Trustee; Chicago
Hon. Eugene R. Wedoff
U.S. Bankruptcy Court - Ret. (N.D. Ill.); Chicago
Mark S. Zuckerberg
Law Office of Mark S. Zuckerberg; Indianapolis
Conference Information
Location
The conference will be held at the Jenner & Block Conference Center, located at 353 N. Clark Street, Chicago, IL 60654.
Continuing Education Credit
8 hours of general CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 9.5 hours of general 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 in the amount of 8 hours, of which 1.25 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 9.5 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 9.5 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 in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 19, 2016. No refunds will be granted after September 19, but substitutions will be allowed. After September 19, 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.
Sponsors
Codilis & Associates, PC
Heavner, Scott, Beyers & Mihlar, LLC
Jenner & Block LLP
Lakelaw
The Law Office of William J. Factor, Ltd.
Shaw Fishman Glantz & Towbin LLC
For sponsorship opportunities, please contact Allyson Donohue at [email protected].
Exhibitors
Rates
Registration Rates Early
(postmarked by 9/23/16)Regular
(after 9/23/16)ABI Member$225$250New ABI Member*$350$375* Includes a one-year ABI membership for first-time members — a $295 value! Expired members should select the member rate and add in the membership renewal fee. Membership is individual and nonrefundable. You must be an ABI member to attend the conference.
Event Information 240875
Friday, November 11
7:30 a.m.-8:30 a.m.
Continental Breakfast and Registration
8:30 a.m.-8:45 a.m.
Veterans Day Tribute and Welcome
Chief Judge Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
8:45 a.m.-10:15 a.m.
Opening Plenary Session
Depositions in Consumer Bankruptcy Cases
This session will focus on depositions in consumer bankruptcy cases, such as lien strips, objections to exemptions, good-faith challenges to chapter 13 plans, and dischargeability issues in consumer bankruptcy cases. All aspects of a deposition will be considered. How does one prepare to take someone’s deposition? How do you prepare your client to be deposed? How do you conduct yourself when representing the deponent? What can you object to? Can the deposition be stopped? How does one resolve objections and disputes during the deposition? What uses can be made of the deposition transcript at trial? Consistent with past years’ litigation sessions, this year’s panel will conduct demonstrations of depositions in real-world consumer bankruptcy settings.
Scott A. Wolfson, Moderator
Wolfson Bolton PLLC; Troy, MI
Kelley Callard
Office of the U.S. Trustee; Detroit, MI
Hon. Scott W. Dales
U.S. Bankruptcy Court (W.D. Michigan); Grand Rapids, MI
Howard Sher
Jacob & Weingarten; Southfield, MI
10:15 a.m.-10:30 a.m.
Refreshment Break
10:30 a.m.-11:45 a.m.
Concurrent Sessions (3)
How Do I Get Paid for This Work?
This topic will focus on minefield issues for attorneys in chapter 13 who wish to get paid for their work pre- and post-confirmation. How does Harris v. Viegelahnapply? What happens if a chapter 13 case is converted after there is an outstanding fee award? What if a chapter 13 case is dismissed after an outstanding fee award? Can a debtor’s attorney preemptively contract to deal with Harris issues in the original retention agreement signed pre-petition? How does a debtor’s attorney get paid for work performed during the home stretch under a chapter 13 plan when there are no additional funds to be put into the plan to pay for those services? Can the attorney fees survive discharge? Does § 1328 apply to an attorney fee that was incurred for services rendered post-confirmation? What if the debtor’s attorney provides post-discharge services? How does Baker Botts affect a debtor’s attorney in dealing with fee objections?
Melissa A. Caouette, Moderator
Office of Carl L. Bekofske, Chapter 13 Trustee; Flint, MI
Kimberly Bedigian
Stevenson & Bullock, PLC; Southfield, MI
Michelle Lee Marrs
Marrs & Terry, PLLC; Ann Arbor, MI
Hon. Daniel S. Opperman
U.S. Bankruptcy Court, Eastern District of Michigan; Bay City, MI
When I Got Laid Off, I Applied for Unemployment Benefits: Was That a Mistake?
This session will focus on a very hot topic in consumer bankruptcy cases: debts owed by a debtor for overpayment of unemployment compensation. Learn about the automated process used by the State of Michigan Unemployment Insurance Agency. What can be discharged under § 523(a)(2)(A) and (a)(7)? What are the nondischargeability differences between chapters 7 and 13? Are the Agency’s procedures for contesting a determination of overpayments sufficient to create a collateral estoppel argument in a later bankruptcy case? The panelists will educate the attendees both about the process used to obtain unemployment benefits and the potential issues that the payment of unemployment benefits can cause in a later bankruptcy case.
Andrew J. Gerdes, Moderator
Capital Bankruptcy; Lansing, MI
Steve Gray
Unemployment Insurance Clinic; Ann Arbor, MI
Hon. John T. Gregg
U.S. Bankruptcy Court for the Western District of Michigan; Grand Rapids, MI
Shirley L. Horn
Law Office of Shirley Horn; Royal Oak, MI
Two Worlds Collide: Domestic Relations and Bankruptcy
Many individuals in bankruptcy are also involved in domestic-relations litigation. This panel will discuss the necessity for proper advice to potential clients about bankruptcy ramifications when filing for divorce and negotiating property settlements, and vice-versa. What obligations under a judgment of divorce or property settlement are nondischargeable? What claims under a judgment of divorce or property settlement can be exempted? What steps can be taken to enforce a judgment of divorce or property settlement after a bankruptcy petition is filed without violating the automatic stay? What are the exceptions to the automatic stay to allow domestic-support litigation to go forward? Which court has the jurisdiction to decide the applicability of the automatic stay?
Tracy M. Clark, Moderator
Steinberg Shapiro & Clark; Southfield, MI
Roberta W. Andrews
Firebaugh & Andrews PLLC; Westland, MI
Patrick Anthony Foley
Stevenson & Bullock, PLC; Southfield, MI
11:45 a.m.-12:45 p.m.
Networking Luncheon
12:50 p.m.-2:00 p.m.
Concurrent Sessions (3)
What’s Wrong with This Claim?
Mortgage escrow accounts remain a mystery in many cases as debtors’ and creditors’ attorneys both struggle to understand the calculations set forth in them and the effect they have on chapter 13 cases. This panel will focus on escrow accounts, as well as new proof-of-claim forms and how they treat escrow accounts.
Heather McGivern, Moderator
Orlans Associates PC; Troy, MI
Barbara Foley
Chapter 13 Trustee-Kalamazoo; Kalamazoo, MI
Erin A. Kramer
Sweeney Law Offices PLLC; Franklin, MI
Stop This Tax Foreclosure
Payment of property taxes remains a recurring problem for many homeowners. Frequently, they do not understand what taxes are required to be paid, what interest rates are being charged, and what the consequences of nonpayment are. What is the process for property tax foreclosure? How long is the redemption period? Is there a point when a chapter 13 case can no longer be effective in dealing with property taxes? What if the taxing authority enters into repayment plans during or after the redemption period? What is the effect of these plans when an individual files for bankruptcy in the midst of a repayment program? What property interest, if any, does the debtor retain after foreclosure, or after redemption? How does a debtor address delinquent property taxes in his or her schedules?
Kevin Calhoun, Moderator
Calhoun & Di Ponio PLC; Southfield, MI
Nicholas D. Chambers
Charles J. Schneider PC; Livonia, MI
Diane L. Roark
Oakland County Government; Pontiac, MI
Ongoing Problems in Identifying What Constitutes a Debtor’s Projected Disposable Income
Litigation over what constitutes projected disposable income continues unabated post-BAPCPA. Is Social Security income included? Is a nonfiling spouse’s income included? What about the income of a significant other who is a nondebtor? Can a debtor make voluntary retirement contributions, or are they considered part of projected disposable income? This panel will address some current tricky issues in this area.
Christopher W. Jones, Moderator
Acclaim Legal Services; Warren, MI
Jill M. Gies
Office of the U.S. Trustee; Detroit, MI
Maria Gotsis
Krispen S. Carroll, Trustee; Detroit, MI
Hon. Mark A. Randon
U.S. Bankruptcy Court, Eastern District of Michigan; Detroit, MI
2:00 p.m.-2:10 p.m.
Break
2:10 p.m.-3:20 p.m.
Concurrent Sessions (3)
Causes of Action Owned by a Debtor
This panel will deal with the various issues that arise when a debtor owns a cause of action and the distinctions that occur depending on whether the debtor’s cause of action arose pre-petition, post-petition, post-confirmation, post-discharge or at any other time. How are pre-petition causes of action valued for purposes of confirming a plan? What happens if the debtor’s cause of action pays off during a chapter 13 case (who gets the money)? What obligations do debtors have to amend their schedules to deal with post-petition events that create causes of action? What are the debtor’s obligations to keep the bankruptcy court and the debtor’s creditors informed? Are there potential judicial estoppel arguments that can arise?
Garik Osipyants, Moderator
Thav Gross PC; Bingham Farms, MI
A. Todd Almassian
Keller & Almassian, PLC; Grand Rapids, MI
Krispen S. Carroll
Chapter 13 Trustee's Office; Detroit, MI
Hon. Thomas J. Tucker
U.S. Bankruptcy Court, (E.D. Michigan); Detroit
Current Hot Topics in Chapter 13
This session will deal with a mixture of the most topical and unsettled issues in chapter 13 cases coming before the courts. What happens to the case if a debtor becomes deceased or incapacitated? Can a debtor force a creditor to accept a surrender of property? The panel will also cover explaining to a debtor what tax obligations will remain post-discharge, dealing with model plan provisions, modifications and conflicting plan provisions, and understanding the new chapter 13 forms for creditors.
Lisa K. Mullen, Moderator
Office of the Chapter 13 Standing Trustee; Southfield, MI
Dario Ianni
The Carey Law Group, PC; Dearborn, MI
Tamara A. White
Holzman Corkery, PLLC; Southfield, MI
Current Hot Topics in Chapter 7
This session will deal with a mixture of the most topical and unsettled issues in chapter 7 cases coming before the courts. What does a debtor do if the court denies a reaffirmation agreement but the debtor needs the car? If no reaffirmation agreement is signed, can a case be later reopened to permit a reaffirmation agreement at a creditor’s request? What are debtors’ attorneys’ responsibilities in counseling debtors about potential preferences and fraudulent transfers that they made to family members and friends? What remedies does a chapter 7 trustee have when a debtor breaches his or her duties under § 521? Are student loans consumer or nonconsumer debts for purposes of means testing?
Michael A. Stevenson, Moderator
Stevenson & Bullock, PLC; Southfield, MI
Kelly M. Hagan
Hagan Law Offices PLC; Traverse City, MI
Erika D. Hart
The Taunt Law Firm; Birmingham, MI
3:20 p.m.-3:35 p.m.
Refreshment Break
3:35 p.m.-5:00 p.m.
Closing Plenary Session
Annual Case Law Update
This must-attend annual favorite will cover all recent current bankruptcy law decisions and consumer bankruptcy law issues.
Hon. James W. Boyd
U.S. Bankruptcy Court, (W.D. MI); Grand Rapids, MI
Thomas D. DeCarlo
Chapter 13 Trustee Office; Southfield, MI
5:00 p.m.-6:00 p.m.
Networking Reception
Judicial Chair
Chief Judge Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Conference-Chair
Michael P. Hogan
Schneiderman & Sherman, P.C.; Farmington Hills, Mich.
Caralyce M. Lassner
Caralyce M. Lassner, JD, PC; Utica, Mich.
Planning Committee
Roberta W. Andrews
Firebaugh & Andrews PLLC; Westland, Mich.
Kevin Calhoun
Calhoun & Di Ponio PLC; Southfield, Mich.
Krispen S. Carroll
Office of the Chapter 13 Trustee; Detroit
Thomas D. DeCarlo
Office of the Chapter 13 Trustee; Detroit
Karen E. Evangelista
Karen E. Evangelista, PC; Rochester, Mich.
Christopher W. Jones
Acclaim Legal Services, PLLC; Warren, Mich.
Craig B. Rule
Orlans Associates, P.C.; Troy, Mich.
Craig S. Schoenherr, Sr.
O’Reilly Rancilio P.C.; Sterling Heights, Mich.
Brian J. Small
Thav Gross, P.C.; Bingham Farms, Mich.
Michael A. Stevenson
Stevenson & Bullock PLC; Southfield, Mich.
Tamara A. White
Holzman Corkery, PLLC; Southfield, Mich.
Conference Information
Hotel
The elegant Somerset Inn, our host hotel, is located in the heart of Troy’s business and financial district in close proximity to The Palace at Auburn Hills, Ford Field, Comerica Park, a golf course, and several museums and theaters. ABI has reserved a block of rooms at the special conference rates of $119 for a Tower Room and $139 for an Executive Room. To secure these special rates, reservations must be made by October 27, 2016. Reservations are limited, and rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the October 27 cutoff or after the specially rated ABI block has been filled.
Continuing Education Credit
Coming soon.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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.
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. Financial assistance is available for this program; all applications for financial assistance must be submitted by September 23, 2016. 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, ABI may allow the individual to work at the 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. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or send an email to [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by October 21, 2016. No refunds will be granted after October 21, but substitutions will be allowed. After October 21, 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.
Sponsors
Cell-phone Charging Station
Steinberg Shapiro & Clark
Patron Sponsor
Orlans Associates PC
General Supporter
Schneiderman & Sherman, P.C.
For additional sponsorship opportunities, please contact Caitlin Colligan at [email protected].
Special Thanks
We extend our special thanks to Thomson Reuters for the printed educational materials and Wilmington Trust for the tote bags.
Rates
Registration Rates Early
(postmarked by 9/30/16)Regular
(after 9/30/16)ABI or CBA Member$225$295New ABI Member*$500$570New Govt./Academic/Nonprofit ABI Member* $320 $390 Exhibitor Rates
ABI Member Exhibitor**$1,000New ABI Member Exhibitor***$1,295*** Includes aone-year ABI membership for first-time members - a $295 value!. Expired members should select the member rate and add in the membership renewal fee. You must be an ABI or CBA member to attend the conference.
**Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’table, full registration for one booth representative AND one-year ABI membership.
Event Information 240969
Location
ABI has arranged for a special conference rate of $360 per night. Reservations must be made with the resort by November 11, 2016. Reservations may be made only 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.
Poised above coastal bluffs with sweeping views of the Pacific Ocean, Terranea (terra-NAY-a) Resort debuted in June 2009 as the only luxury resort destination on the Los Angeles coast. Guests enjoy a sophisticated, yet relaxed ambiance at this Mediterranean-inspired retreat surrounded by a glistening, panoramic seascape.
Celebrated for its natural beauty, the 102-acre estate features 582 guestrooms and suites, including spacious bungalows, casitas and villas. Luxurious amenities spotlight eight unique dining experiences, a full-service spa and fitness center, award-winning golf course, four swimming pools, kids’ club, ecological enrichment programs and 135,000 square feet of indoor and outdoor wedding and event space.
Rates
$250 through November 1
$350 after November 1
Event Information 241222
Monday, November 14
8:15 a.m.-9:00 a.m.
Registration and Coffee/Tea
Morning Presiding Officer
Timothy Graulich
Davis Polk & Wardwell LLP; New York
9:00 a.m.-9:15 a.m.
Welcome by Conference Leadership
Christopher R. Mirick, Program Co-Chair
Pillsbury Winthrop Shaw Pittman LLP; New York
E. Patrick Shea, Program Co-Chair
Gowling WLG (Canada); Toronto
9:15 a.m.-10:30 a.m.
Canada/US – Montreal Maine and Atlantic Railway
The Montreal, Maine and Atlantic Railway (MMA) was a freight railroad that operated in the States of Maine and Vermont, and the Province of Quebec. In August of 2013, MMA commenced insolvency proceedings as a direct result of the runaway train that resulted in the deaths of 47 people. The panel will explore the issues involved in developing a plan to address mass tort claims. The discussion will include the approaches taken in Canada and the United States to the grant of “third party” releases and the grant of fee premiums to professionals.
Aubrey E. Kauffman, Moderator
Fasken Martineau DuMoulin LLP; Toronto
Andrew H. Adessky
Richter; Montréal
Debra A. Dandeneau
Baker & McKenzie LLP; New York
Robert J. Keach
Bernstein Shur; Portland, Maine
10:30 a.m.-10:45 a.m.
Coffee Break
Sponsored by Elliott Greenleaf
10:45 a.m.-12:00 noon
Caribbean – Resort Insolvencies
The economic downturn has a significant impact on resort properties in the Caribbean. The Baha Mar Resort was supposed to add 12% to the GDP of the Bahamas, but it has turned into the world's biggest white elephant and the investors have gone to war and the Nikki Beach Resort & Spa in the Turks and Caicos Islands, one the 21 Hottest Caribbean Escapes, has been placed into receivership. This panel will explore the unique challenges faced by the creditors and other stakeholder involved in resort insolvencies in the Caribbean Region.
Rafael X. Zahralddin-Aravena, Moderator
Elliott Greenleaf; Wilmington, Del.
Sam Billard
Aird & Berlis LLP; Toronto
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y); White Plains
Sophia Rolle-Kapousouzoglou
LennoxPaton; Nassau, Bahamas
Michael Schulz
KRyS Global; Hamilton, Bermuda
12:00-1:00 p.m.
Networking Luncheon
Sponsored by EisnerAmper
Afternoon Presiding Officer
Tanya Meerovich
FTI Consulting, Inc.; New York
1:00 p.m.-2:15 p.m.
Latin and South America Energy and Resources
Beginning in Brazil in 2013 with OSX/OGX and stretching into Mexico with Oceanografia in 2014, Latin America has not been immune to the contagion of depressed oil & gas prices. This panel will compare and contrast key issues in these cross border, and sometimes multi-jurisdictional restructurings, bringing both a financial and legal perspective from advisors and creditors.
Samuel Aguirre
FTI Consulting, Inc.; Toronto
Gilberto Deon Correa, Jr.
Souto, Correa, Cesa, Lummertz & Amaral Advogados; Porto Alegre, Brazil
Ryan P. Dahl
Kirkland & Ellis LLP; Chicago
Floris B. Iking
Alvarez & Marsal Mexico; Mexico City
Cherie Schaible
Ankura Consulting Group; New York
2:15 p.m.-2:30 p.m.
Networking Break
2:30p.m.-3:45 p.m.
Jurisdictional Issues in Cross-border Fraud
In 2009, the Securities Exchange Commission (SEC) filed a complaint in the Northern District of Texas against Stanford International Bank Limited (SIB) and the Financial Services Regulatory Commission in Antigua appointed its own receivers over the assets of SIB. This initiated a cross-border jurisdictional battle as each sought to control the international assets of SIB. This panel will explore the practical and legal issues encountered in cross-border fraud involving assets, and creditors, in multiple jurisdictions with a focus on SIB.
Ronald J. Silverman, Moderator
Hogan Lovells US LLP; New York
Gerry Apostolatos
Langlois lawyers, LLP; Montreal, Canada
Rebecca Hume
Kobre & Kim LLP; Grand Cayman, Cayman Islands
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
3:45p.m.-4:00 p.m.
Networking Break
4:00p.m.-5:00 p.m.
Restructuring a Nation - Jamaica
For decades, Jamaica struggled with low growth, high public debt and external shocks that further weakened the economy. To reverse this trajectory, the Government of Jamaica embarked on a comprehensive and ambitious program of reforms for which it has garnered national and international support. The reform program is beginning to bear fruit. Bill Brandt Jr will, through a Q&A format, explore the challenges faced in restructuring Jamaica including how Jamaica approached the issues with which they were faced, how it dealt with the IMF and the IAB.
William A. Brandt, Jr., Moderator
Development Specialists, Inc.; New York
Senator and Former Minister of Justice Hon. Mark Golding
Ministry of Justice; Kingston, Jamaica
5:00 p.m.
Networking Reception
Sponsored by Alvarez & Marsal
Co-Chairs
Christopher R. Mirick
Pillsbury Winthrop Shaw Pittman LLP; New York
E. Patrick Shea
Gowling WLG (Canada); Toronto
Advisory Board
Gilberto Deon Correa, Jr.
Souto, Correa, Cesa, Lummertz & Amaral Advogados; Porto Alegre, Brazil
Timothy Graulich
Davis Polk & Wardwell LLP; New York
Julie M. Hertzberg
Alvarez & Marsal; Southfield, Mich.
Floris B. Iking
Alvarez & Marsal; Mexico City
Paul J. Keenan
Greenberg Traurig, LLP; Miami
Tanya Meerovich
FTI Consulting, Inc.; New York
Allen D. Wilen
Eisner Amper; Iselin, N.J.
Rafael X. Zahralddin-Aravena
Elliott Greenleaf; Wilmington, Del.
Conference Information
Hotel
The conference will be held at Davis Polk & Wardwell Conference Center, 450 Lexington Ave, New York, NY 10017.
Continuing Education Credit
6 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 7 hours of general CLE credit 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 in the amount of 6 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 7 hours of credit, which can be applied toward professional practice. 7 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 October 24, 2016. No refunds will be granted after October 24, but substitutions will be allowed. After October 24, 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.
Conference Rates
Registration Rates Regular ABI Member$395Non-Member$495Event Information 241420
Sunday, December 11
OVERVIEW AND INTRODUCTION TO THE FUNDAMENTALS OF BANKRUPTCY MEDIATION
2:00-2:30 p.m.
Welcome, Purpose and Goal-Setting
2:30-3:00 p.m.
Why Bankruptcy Mediation?
3:00-3:45 p.m.
The Role of a Bankruptcy Mediator — Developing a Mediator’s Mind
3:45-4:00 p.m.
Break
4:00-4:45 p.m.
Bankruptcy Mediation Overview: Definition, A Tale of Two Theories: Understanding Conflict-Resolution Ideology in Bankruptcy, Values, Anatomy of Mediation, Mediator’s Role — Lecture
4:45-6:00 p.m.
Effective Opening Statements and Agenda-Setting — Lecture and Exercise
6:00-6:30 p.m.
Beginning Mediator’s Skills: Promoting Effective Conflict Discourse
6:30-7:30 p.m.
Cocktail Reception
Monday, December 12
APPLICATION AND PRACTICE OF FUNDAMENTAL BANKRUPTCY MEDIATION SKILLS
9:30-9:45 a.m.
Reflections, Questions and Review of Day One
9:45-10:45 a.m.
Mediator’s Skills: Promoting Effective Conflict Discourse (cont’d.) — Lecture, Exercise and Simulation
10:45-11:00 a.m.
Break
11:00-11:15 a.m.
Physical and Organizational Considerations in Mediation
11:15 a.m.-12:30 p.m.
Role Play #1: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
Professional Bankruptcy Mediators: A Real World View of the Business and Profession of Mediation
It is both exiting and challenging to expand your bankruptcy practice to include mediation. Learn from respected professionals their development and marketing strategies to generate your mediation practice. (Bob Fishman, Rick Mikels, Jerry Markowitz and Scott Stuart)
1:30-2:15 p.m.
Drafting Summary Letters
2:15-3:45 p.m.
Role Play #2: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
3:45-4:00 p.m.
Break
4:00-5:30 p.m.
Role Play #3: Chapter 13 — Simulation, Individual Group Debrief and Class Debrief
5:30 - 6:00 p.m.
Introduction to Pre-mediation (overview)
Tuesday, December 13
PRACTICE CHALLENGES IN BANKRUPTCY MEDIATIONS: VALUATIONS AND MULTI-PARTY MEDIATIONS
9:30-9:45 a.m.
Reflections, Questions and Review of Day Two
9:45-10:15 a.m.
Pre-mediation cont’d - Meaningful Informed consent
10:15-10:45 a.m.
Overcoming Valuation Impasses: Effective Strategies in Lieu of Mediator Evaluation
10:45–11:00 a.m.
Break
11:00-11:15 a.m.
Overcoming Valuation Impasses: Psychological Distortions that Interfere with Rational Decision-Making
11:15 a.m.-12:30 p.m.
Role Play #4: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
The Rise of Plan Mediations: The Pitfalls, Benefits and Limits of Confidentiality (Damian Schaible)
1:30-3:00 p.m.
Convening and Facilitating Multi-Party Mediations: Chapter 11 Bankruptcy Mediations
3:00-3:15 p.m.
Break
3:15-5:00 p.m.
Role Play #5: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
5:00-6:00 p.m.
Integrating Lessons Learned from Multi-Party Mediations
Wednesday,December 14
PRACTICE CHALLENGES IN MEDIATION: OVERCOMING FINAL IMPASSES AND ETHICS
9:30-9:45 a.m.
Reflections, Questions and Review of Day Three
9:45-10:45 a.m.
Strategies for Overcoming Final Impasses (Ed Dobbs)
10:45-11:00 a.m.
Break
11:00 a.m.-12:30 p.m.
Role Play #6: Chapter 11
12:30-1:30 p.m.
Working Lunch
Cross-Border Mediations
1:30-2:30 p.m.
Mediation Demonstration ( Ed Dobbs)
2:30-3:45 p.m.
ROLE PLAY #7
3:45-4:00 p.m.
Break
4:00-4:30 p.m.
Integrating lessons learned from role play
4:30-6:00 p.m.
Clarifying the Blurry Ethical Contours of Bankruptcy Mediation and Confidentiality– lecture and exercise
Thursday,December 15
BANKRUPTCY MEDIATION: PRE-MEDIATION, ETHICS AND PUTTING IT ALL TOGETHER
9:30-9:45 a.m.
Reflections, Questions and Review of Day Four
9:45-10:45 a.m.
Optimizing the use of Pre-mediation Opportunities, Summary letters – lecture and exercise
10:45-11:00 a.m.
Break
11:00-12:30 p.m.
Role Play #8: Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
Views from the Bench: When A Judge Suggests Mediation: Case and Mediator Selection ( Melanie Cyganowski, retired bankruptcy judge)
1:30-2:00 p.m.
Answering unanswered questions
2:00-3:30 p.m.
Role Play #9: Simulation, Individual Group Debrief and Class Debrief
3:30-4:00 p.m.
Overview Checklist
4:00-4:15 p.m.
Next Steps to Becoming a Professional Mediator
4:15-5:00 p.m.
Closing Ceremony
This schedule is subject to modification.
Faculty
Lead Trainer:
Prof. Elayne E. Greenberg
Assistant Dean for Dispute Resolution Programs
Professor of Legal Practice
Director of The Hugh L. Carey Center for Dispute Resolution
St. John’s University School of Law; New YorkLecturers:
Melanie Cyganowski (retired bankruptcy judge)
Otterbourg P.C.; New York
C. Edward Dobbs
Parker, Hudson, Rainer & Dobbs LLP
Damian Schaible
Partner, Davis Polk Wardwell LLP
Coaches:
Robert M. Fishman
Shaw Fishman Glantz & Towbin LLC
Jerry M. Markowitz
Markowitz Ringel Trusty + Hartog, P.A.
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP
Scott Y. Stuart
Esquify, Inc.
Conference Information
Attendance/Participation Policy
Participants are required to attend the entire 40 hours of training. If you cannot attend all 40 hours, please defer registering.
Hotel
Participants are responsible for their own travel and hotel arrangements. Some nearby hotels to consider are The Millennium Hilton, Cosmopolitan Hotel Tribeca, Embassy Suites Hotel New York, New York Marriott and Holiday Inn Downtown. These listings are provided for informational purposes only and are not vendor endorsements or recommendations.
Location
St. John's University School of Law, Manhattan Campus
51 Astor Place
New York, NY 10003
Building entrance is between 3rd and 4th Avenues.Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by Novermber 18, 2016. No refunds will be granted after November 18, but substitutions will be allowed. After November 18, 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 Credit
33.75 hours of general CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 40.5 hours of general CLE credit, including 2.5 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 in the amount of 33.75 hours, of which 2.25 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 40.5 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. 40.5 hours of CPE credit, including 2.5 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. For information on tuition assistance, send an e-mail to [email protected].
The Gold Standard of Bankruptcy Mediation Training
The ABI/St. John’s Bankruptcy Mediation Training program is designed to educate mediators about the theory, skills and specific practice challenges of bankruptcy mediation. Guided by a distinguished faculty of nationally respected bankruptcy jurists, practitioners and mediators, the ABI/St. John’s Mediation Training teaches the critical skills that are requisites for bankruptcy mediators. Our training faculty includes leaders in the field of mediation and bankruptcy. Lectures, exercises and simulations focus solely on bankruptcy conflicts.
Beyond the core skills that are essential for good mediators, participants will also learn about specialized bankruptcy issues inherent in bankruptcy mediations, including:
- Understanding the Anatomy of a Successful Bankruptcy Mediation
- Maximizing Pre-Mediation Opportunities
- Managing the Multi-Party Dynamics of Bankruptcy Mediation
- Analyzing Impasses in Bankruptcy and Applying Impasse-Breaking Skills
- Mediating Valuation Conflicts Without Having the Mediator Evaluate
- Distinguishing Between Writing Mediation Summaries and Drafting Agreements
- Defining Bankruptcy Mediation Ethics Within a Collegial Bankruptcy Community
- Maintaining Momentum and Ensuring Continuity in Multi-Session Mediations
During the 40 hours of this highly interactive four-day training, participants will develop an understanding of the practice of bankruptcy mediation through a combination of lectures, videos, demonstrations and supervised simulations. At the conclusion of the training, participants will receive a Certificate of Completion of ABI/St. John’s Bankruptcy Mediation Training, the Gold Standard of Bankruptcy Mediation Training. Participants will also receive a DVD of themselves in action during a mock mediation. As an added bonus, the training qualifies for continuing legal education credit*.
*In order to receive credit, participants are required to commit to attending the entire 40 hours of training.
Why Bankruptcy Mediation Training?
Bankruptcy judges, lawyers and financial advisors have a long-held and respected reputation of competently assessing the bottom line and settling their cases. However, despite bankruptcy professionals’ best efforts, sometimes cases are unable to be settled. For those cases, mediation can be the appropriate forum. Increasingly, bankruptcy courts are using mediation as a valuable adjunct to their case management to help resolve issues that even the most skilled bankruptcy professionals are unable to resolve. Consequently, there is a growing need for trained bankruptcy mediators.
Who Should Attend?
If you are a bankruptcy judge, lawyer or financial professional who is interested in applying your bankruptcy expertise, learning more about bankruptcy mediation and possibly becoming a bankruptcy mediator, or if you are already a mediator and would like to expand your skills into bankruptcy mediation, this training is for you.
Conference Rates
Registration Rates Early
(postmarked by 10/21/16)Regular
(after 10/21/16)ABI Member$3,295$3,400New ABI Member*$3,570$3,675ABI Government/Non-Profit Member$2,795$2,900New ABI Government/Non-Profit Member*$3,070$3,175* Includes a one-year ABI membership for first-time members — a $295 value! ABI membership is individual and nonrefundable. Expired members should select the member rate and renew their membership at renew.abi.org.
All attendees will receive a copy of ABI's Bankruptcy Mediation book, one of the best guides on bankruptcy mediation, written by some of the top mediators in bankruptcy - an $85 value.
Event Information 241816
Thursday, November 10
8:30 a.m.
Registration Desk Open and Continental Breakfast
9:30-9:45 a.m.
Welcome & Program Introduction
Panelists will assume the roles of management, board members and professionals at three key stages of a modern bankruptcy. From the moment a company begins to consider bankruptcy up through mediation or court, our expert faculty will provide insight and practical advice into the strategic decisions and negotiations that are part of the day-to-day reality of restructuring practice.
9:45 - 10:55 a.m.
Turnarounds, liquidity options and alternative forms of insolvency-driven transactions (ABC, Art 9, Ch 11)
Wayne P. Weitz, Moderator
EisnerAmper LLP; New York
Evan Blum
Alvarez & Marsal; New York
Stuart Brown
DLA Piper; Wilmington, Del.
Jordi Guso
Berger Singerman, LLP; Miami
Marjorie Kaufman
Getzler Henrich & Associates LLC; Boston
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP; Boston
11:00 a.m.- 12:00 p.m.
“Who’s in Charge Here?” CRO, FA, Trustee, Debtor-in-Possession, Lender, other…?
Stephen Spitzer, Moderator
AlixPartners, LLP; New York
Michael S. Goodman
SSG Capital Advisors, LLC; Conshohocken, Pa.
Mike Kaztenstein
FTI Consulting, Inc.; New York
Paul Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
David S. Miller
Alvarez & Marsal; New York
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
12:00-1:00 p.m.
Lunch
1:00 - 2:10 p.m.
Prepacks and restructuring support agreements, focusing on how/why these get done, valuation issues, minority constituencies, indenture trustees
Kathryn A. Coleman, Moderator
Hughes Hubbard & Reed LLP; New York
Derek C. Abbott
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Brian S. Hermann
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Perry Mandarino
B. Riley Financial; New York
Natalie D. Ramsey
Montgomery McCracken Walker & Rhoads, LLP; Philadelphia
Geoffrey A. Richards
Canaccord Genuity Inc.; New York
Joseph Smolinsky
Weil, Gotshal & Manges LLP; New York
Ross Waetzman
Gavin/Solmonese LLC; Wilmington, Del.
Janet M. Weiss
Dorsey & Whitney LLP; New York
2:15 - 3:15 p.m.
First Day Motion strategy – this is guided significantly by the strategy of the filing – prepack, pre-arranged, free-fall
Paul Deutch, Moderator
Rust Omni; New York
Evan Blum
Alvarez & Marsal; New York
Brian S. Hermann
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Mike Kaztenstein
FTI Consulting, Inc.; New York
Drew McManigle
SierraConstellation Partners, LLC; Houston
Robyn F. Pollack
Saul Ewing LLP; Philadelphia
3:15-3:30 p.m.
Refreshment Break
3:30 - 4:30 p.m.
“There Must Be Some Other Way Out of Here” – Auctions, Plans, Conversions, (Structured) Dismissals
Eric J. Fromme, Moderator
Jeffer Mangels Butler & Mitchell LLP; Irvine, Calif.
Jordi Guso
Berger Singerman, LLP; Miami
Michael S. Goodman
SSG Capital Advisors, LLC; Conshohocken, Pa.
Ann M. Miller
Houlihan Lokey; New York
David S. Miller
Alvarez & Marsal; New York
Perry Mandarino
B. Riley Financial; New York
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP; Boston
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Janet M. Weiss
Dorsey & Whitney LLP; New York
Christopher K. Wu
Carl Marks Advisors; New York
4:30 - 5:30 p.m.
Post-Confirmation Opportunities and Hijinks – the last bastion of unregulated billing
Wayne P. Weitz, Moderator
EisnerAmper LLP; New York
Stuart Brown
DLA Piper; Wilmington, Del.
Paul Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Deirdre A. McGuinness
Epiq Systems, Inc.; New York
Robyn F. Pollack
Saul Ewing LLP; Philadelphia
Jeremy Ryan
Potter Anderson & Corroon LLP; Wilmington, Del.
5:30-5:45 p.m.
Summary and Concluding Remarks
6:00-9:00 p.m.
Joint Reception and Dinner with 2016 Corporate Restructuring Competition Sponsors, Judges and Students
The Ritz-Carlton, Phildaelphia
10 Avenue of the Arts
Philadelphia, PA 191026:00-7:00 p.m.
Cocktail Reception
Sponsored by AlixPartners
7:00-9:00 p.m.
Dinner
This event is one of the premier gatherings of area restructuring and legal professionals and will be attended by many local bankruptcy judges. Join students competing in the following day’s Corporate Restructuring Competition for an enjoyable evening of dining and networking with potential future colleagues.
Hon. Christopher S. Sontchi will give remarks on his role in the 7th largest bankruptcy case ever.Get Noticed by 300 Attendees
By sponsoring a table, members of your firm and your guests will rub elbows with the leading practitioners from the Philadelphia, New York and Wilmington bankruptcy communities. Your sponsorship associates your firm with ABI’s Corporate Restructuring Competition and helps defray the costs for MBA student competitors from the country’s most prestigious business schools.
To reserve your table, please select one of the options below and complete this form.Sponsor benefits include:
- Four or eight complimentary admissions to the Cocktail Reception and Dinner
- Acknowledgment in all electronic and print promotions of the event
- Up to five (5) first-time ABI memberships for only $100 per person — a savings of $195 per membership
Co-Chairs
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Eric J. Fromme
Jeffer Mangels Butler & Mitchell LLP; Irvine, Calif.
Stephen Spitzer
AlixPartners, LLP; New York
Wayne P. Weitz
EisnerAmper LLP; New York
Advisory Board
Derek C. Abbott
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Evan Blum
Alvarez & Marsal; New York
Stuart Brown
DLA Piper; Wilminton, Del.
Michael S. Goodman
SSG Capital Advisors, LLC; Conshohocken, Pa.
Jordi Guso
Berger Singerman, LLP; Miami
William H. Henrich
Getzler Henrich & Associates LLC; New York
Brian S. Hermann
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Mike Kaztenstein
FTI Consulting, Inc.; New York
Paul Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Perry Mandarino
B. Riley Financial; New York
Deirdre A. McGuinness
Epiq Systems, Inc.; New York
Drew McManigle
SierraConstellation Partners, LLC; Houston
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP
Ann M. Miller
Houlihan Lokey; New York
David S. Miller
Alvarez & Marsal; New York
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Robyn F. Pollack
Saul Ewing LLP; Philadelphia
Natalie D. Ramsey
Montgomery McCracken Walker & Rhoads, LLP; Philadelphia
Geoffrey A. Richards
Canaccord Genuity Inc.; New York
Jeremy Ryan
Potter Anderson & Corroon LLP; Wilmington, Del.
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Joseph Smolinsky
Weil, Gotshal & Manges LLP; New York
Ross Waetzman
Gavin/Solmonese LLC; Wilmington, Del.
Janet M. Weiss
Dorsey & Whitney LLP; New York
Christopher K. Wu
Carl Marks Advisors; New York
Faculty
Faculty members will assume the following roles throughout the day. They will present strategies and perspectives to simulate the decisions made throughout the restructuring process.
Company Management
Drew McManigle
SierraConstellation Partners, LLC
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP
Nancy Peterman
Greenberg Traurig, LLP
Joseph Smolinsky
Weil, Gotshal & Manges LLP
Investment Banker
Michael Goodman
SSG Capital Advisors, LLC
Ross Waetzman
Gavin/Solmonese LLC
Board of Directors
Derek Abbott
Morris, Nichols, Arsht & Tunnell LLP
Paul Leake
Skadden, Arps, Slate, Meagher & Flom LLP
Jordi Guso
Berger Singerman, LLP
CRO
William H. Henrich
Getzler Henrich & Associates LLC
Mike Katzenstein
FTI Consulting, Inc.
Evan Blum
Alvarez & Marsal
Senior Secured Creditors
Brian Hermann
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Stuart Brown
DLA Piper
David Miller
Alvarez & Marsal
Junior Secured Creditors
Geoff Richards
Canaccord Genuity Inc.
Ann Miller
Houlihan Lokey
Chris Wu
Carl Marks Advisors
Buyers/Liquidators
Janet Weiss
Dorsey & Whitney LLP
Perry Mandarino
B. Riley Financial
Unsecured Creditors
Natalie Ramsey
Montgomery McCracken Walker & Rhoads, LLP
Deirdre McGuinness
Epiq Systems, Inc.
Mike Schaedle
Blank Rome LLP
Robyn Pollack
Saul Ewing LLP
Conference Information
Location
The program will be held at The Ritz Carlton, Philadelphia (10 Avenue of the Arts, Philadelphia, PA, 19102), conveniently located in city center across from Philadelphia City Hall. The hotel is also the site of the combined CFRP/CRC reception and dinner.
Travel
Air: Fly into Philadelphia International Airport (PHL).
Ground: The hotel is approximately 10 miles from Philadelphia International Airport. Taxis are available 24 hours a day, with a travel time of about 25 minutes to the Ritz Carlton.
Rail: The hotel is conveniently located between the Market-Frankford and Broad Street Metro lines.
Conference Attire
Business attire is requested throughout the conference.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by October 20, 2016. No refunds will be made if notice is received after October 20, although substitutions will be allowed. After October 20, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education Credit
6.5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 7.5 hours of general CLE credit 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 in the amount of 6.5 hours of general CLE. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 7.5 credit hours, of which 1.5 hours can be applied toward professional practice. 7.5 hours of CPE credit 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 in 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. For information on tuition assistance, send an e-mail to [email protected].
CFRP sponsors
AlixPartners LLP
Alvarez & Marsal
Berger Singerman, LLP
Blank Rome LLP
B. Riley Financial
Canaccord Genuity Inc.
Carl Marks Advisors
DLA Piper
Dorsey & Whitney LLP
EisnerAmper LLP
Epiq Systems, Inc.
FTI Consulting, Inc.
Gavin/Solmonese LLC
Getzler Henrich & Associates LLC
Greenberg Traurig, LLP
Houlihan Lokey
Hughes Hubbard & Reed LLP
Jeffer Mangels Butler & Mitchell, LLP
Montgomery, McCracken, Walker & Rhoads, LLP
Morris, Nichols, Arsht & Tunnell LLP
Pachulski Stang Ziehl & Jones LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Potter Anderson & Corroon LLP
Saul Ewing LLP
SierraConstellation Partners, LLC
Skadden, Arps, Slate, Meagher & Flom LLP
SSG Capital Advisors, LLC
Weil, Gotshal & Manges LLPDinner sponsors
AlixPartnters
Ashby & Geddes, PA
Barnes & Thornburg LLP
Blank Rome LLP
Cozen O'Connor
CR3 Partners
DLA Piper
Drinker Biddle & Reath LLP
EisnerAmper
Eckert Seamans
Gavin/Solmonese
LeClaireRyan
Klehr Harrison Harvey Branzburg LLP
Morris, Nichols, Arsht & Tunnell LLP
Montgomery, McCracken, Walker & Rhoads, LLP
Pachulski Stang Ziehl & Jones LLP
Polsinelli
Richards, Layton & Finger, PA
Saul Ewing LLP
Shaw Fishman Glantz & Towbin, LLC
SSG Capital Advisors, LLC
Stevens & Lee, PC
Young Conaway Stargatt & Taylor, LLPConference Rates
Registration Rates Early Bird
(postmarked by 10/15/16)Regular
(10/15/16-11/10/16)ABI/TMA Member$545$595ABI Govt./Nonprofit Member$345$395Non-Member$565$615New ABI Member*$820$870New ABI Govt./Nonprofit Member*$440$490ABI Member Exhibitor Registration** $1,600 New ABI Member Exhibitor Registration*** $1,895 Additional Booth Representative $300 * Includes a one-year ABI membership for first-time members — a $295 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.
** 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.
CFRP Optional Event
Single Ticket to CRC Dinner - $150
(Available to registered CFRP attendees and exhibitors only)Table Sponsor for CRC Dinner $1,000 (Includes 4 tickets to the CRC Dinner) $2,000 (Includes 8 tickets to the CRC Dinner) To secure one of the following exclusive sponsorships, please select an option below:
I would like to sponsor the Cocktail Reception.
(includes a half table)*$4,000 I would like to sponsor the dinner wine.
(includes a half table)*$4,000 * Additional benefits apply.
For More Information, click here
Event Information 241818
Thursday, November 10
Joint Reception and Dinner with 2016 Complex Financial Restructuring Program Participants, in Partnership with TMA’s Philadelphia ChapterThe Ritz-Carlton, Philadelphia
10 Avenue of the Arts
Philadelphia, PA 191026:00-7:00 p.m.
ABI Registration Desk Open
The Ritz-Carlton, Philadelphia
10 Avenue of the Arts
Philadelphia, PA 191026:00-7:00 p.m.
Cocktail Reception
Sponsored by AlixPartners
7:00-9:00 p.m.
Dinner
This event is one of the premier gatherings of area restructuring and legal professionals, and will be attended by many local bankruptcy judges. Join your fellow students for an enjoyable evening of dining and networking with future colleagues.
Hon. Christopher S. Sontchi will give remarks on his role in the 7th largest bankruptcy case ever.Get Noticed by 300 Attendees
By sponsoring a table, members of your firm and your guests will rub elbows with the leading practitioners from the Philadelphia, New York and Wilmington bankruptcy communities. Your sponsorship associates your firm with ABI’s Corporate Restructuring Competition and helps defray the costs for MBA student competitors from the country’s most prestigious business schools.
To reserve your table, please select one of the options below and complete this form.Sponsor benefits include:
- Four or eight complimentary admissions to the Cocktail Reception and Dinner
- Acknowledgment in all electronic and print promotions of the event
- Up to five (5) first-time ABI memberships for only $100 per person — a savings of $195 per membership
More information about attending the reception/dinner click here
Friday, November 11
7:30-8:45 a.m.
Breakfast and Draw for Team Numbers
(Team deliverables due at 7:30 a.m.)
8:00 - 8:30 a.m.
Judges’ Meeting
8:30 - 9:10 a.m.
Round 1A (Teams 1-6)
9:10 – 9:20 a.m.
Feedback for Round 1A (Teams 1-6)
9:30 - 10:10 a.m.
Round 1B (Teams 7-12)
10:10 - 10:20 a.m.
Feedback for Round 1B (Teams 7-12)
10:40 - 11:20 a.m
Round 2A (Teams 1-6)
11:20 - 11:30 a.m.
Feedback for Round 2A (Teams 1-6)
11:40 - 12:20 p.m.
Round 2B (Teams 7-12)
12:20 - 12:30 p.m.
Feedback for Round 2B (Teams 7-12)
12:30 - 1:00 p.m.
Judges’ Scoring Meeting to Determine Finalists
12:30 - 1:45 p.m.
Luncheon
1:15 - 1:30 p.m.
First Feedback Session, Followed by Announcement of Finalists
1:30 - 2:30 p.m.
Preparation and Practice for Finalists
2:30 - 3:15 p.m.
Finalist Team 1
3:15 - 3:30 pm
Feedback for Finalist Team 1
3:30 - 4:15 p.m.
Finalist Team 2
4:15 - 4:30 p.m.
Feedback for Finalist Team 2
4:30 - 5:15 p.m.
Finalist Team 3
5:15 - 5:30 p.m.
Feedback for Finalist Team 3
5:30 - 5:45 p.m.
Judges’ Scoring Meeting to Determine Winner
5:30 - 7:00 p.m.
Cocktails, Second Feedback Session and Awards
Conference Information
Location
The Wharton School, University of Pennsylvania
Jon M. Huntsman Hall
3730 Walnut Street
Philadelphia, PA 19104-6362Lodging
Included (2 rooms with double beds for each out-of-town team)
Meals
Included
Travel
Responsibility of each participating team
Competition Information
Those who enter will receive the case vehicle/problem by electronic mail one (1) week before the competition.
How to Enter
Please contact Allyson Donohue at [email protected] or (703) 739-0800.
Where and When
The 2016 case competition will take place at The Wharton School, The University of Pennsylvania, Jon M. Huntsman Hall, 3730 Walnut Street, Philadelphia, PA 19104-6362, on November 11, 2016. Lodging will be provided at the Sheraton Philadelphia University City Hotel.
Top Three Teams
In addition to team and individual trophies, cash prizes will be awarded to the top three teams in the competition.
First place: $6,000
Second place: $3,500
Third place: $2,500Cash prizes are provided by ABI’s Anthony H.N. Schnelling Endowment Fund. The first-place team earns a space on the Bettina M. Whyte Trophy, permanently housed at the ABI offices.
Major Sponsors
Table Sponsors
AlixPartnters
Ashby & Geddes, PA
Barnes & Thornburg LLP
Blank Rome LLP
Cozen O'Connor
EisnerAmper
Gavin/Solmonese
Klehr Harrison Harvey Branzburg LLP
Morris, Nichols, Arsht & Tunnell LLP
Montgomery, McCracken, Walker & Rhoads, LLP
Pachulski Stang Ziehl & Jones LLP
Polsinelli
Saul Ewing LLP
Shaw Fishman Glantz & Towbin, LLC
Shook, Hardy & Bacon LLP
SSG Capital Advisors, LLC
Stevens & Lee, PC
Young Conaway Stargatt & Taylor, LLPRules of Competition
Composition of the teams
Teams will consist of three or four students who must be enrolled in their school at the time of the competition. Team members may be substituted at the competition in case of illness or disability. It is expected, but not required, that the students will mostly be second-year (graduating in the 2016-2017 school year) MBA students. Teams should not obtain aid in solving the case from individuals who are not part of the team, and will be asked to certify that the work product they submit at the competition is their own. Former competitors are not allowed to compete in this year's competition.
Case vehicle
The case to be analyzed will be delivered to the participating teams one (1) week prior to the competition. The case vehicle, concerning a distressed company, will describe the company and the industry in which it operates. It will present the challenges facing the decision-makers in determining the appropriate restructuring steps to take.
Ancillary information about the company, industry and market data and some basic restructuring and bankruptcy principles will be provided in the case vehicle. The case competition is not intended to be a fact-finding exercise for the teams. The material included in the case vehicle is meant to provide all the information required for the case, and information or facts outside the case materials should not be considered (and will not be considered by the judges if presented).You will be asked at the competition to certify that the work product submitted is only that of your team and its members.
Presentations
As stated in the case materials and as reflected on the competition schedule, the competition will consist of submitting written materials and making presentations, as advisors to the company, to separate panels of judges. The competition will be conducted on one day (Friday, November 11). All teams will be required to submit the written materials and participate in the first two rounds of presentations. Following the completion of the second round of presentations, the judges will meet and consider the performance of the teams considering both the written materials and the presentations. The top three (3) teams will be announced at the end of the lunch break and will proceed to the final presentation of the competition (presentations to start approximately one hour after the announcement of the finalists). At the end of the final presentations, the judges will rank the final three teams and announce the winning team at the closing reception. Teams that are not invited to participate in the finals presentations are encouraged to attend the finals presentations.
Written presentations must be submitted to the ABI representative designated at Registration no later than 7:30 a.m. on Friday, November 11. Each team's presentation should not exceed a limited amount of pages and is likely to include the items listed below, each as set forth in the instructions that will accompany the case materials:
- Liquidity analysis, including 13 week cash forecast
- Capital structure analysis, including the relative viewpoint of each constituent
- Debt capacity
- Prospects for new capital
- Valuation
- Operational alternatives
- Timeline(s)
Competitors will need to carefully consider the content of their presentations and judge what support materials will be used. Too little detail will fail to convince and too much detail runs the risks of losing the attention of the audience and running out of time to cover key agenda points.
Except as necessary as a tiebreaker, no points or rankings will be carried over from the first two presentations to the final presentations.
The ABI reserves the right to use all or portions of your presentations in future ABI programs.Judges
Judges in each of the rounds will be panels of experts from the turnaround, crisis management, distressed debt, DIP financing, legal and bankruptcy advisory industries. The pool of judges will change for each presentation. One of the main benefits to participating teams will be exposure to influential members in these industries.
Judging Criteria
Each presentation will be evaluated by the panel of judges on the basis of the quality of the analysis and presentation in the following areas:
- Financial and Operational Analysis
- Transaction Structure
- Implementation Strategy
- Demonstration of understanding of negotiation dynamics
- Creativity (Presentations)
Particular focus should be directed to compelling arguments, good analyses, likelihood of success, understanding of the dynamics among various constituencies and oral skills. It is important that the presentation demonstrates a thorough consideration of viable alternatives and provides detailed reasoning for recommendations. As with most cases, there is not necessarily a right or wrong answer. The judges will be looking for the quality of the analysis and reasoning in evaluating the presentation.
Questions:
Competition/Registration or Hotel confirmation: Allyson Donohue at ABI, (703) 739-0800 or [email protected]
Rates
Entrance Fee $200 per team Entrance fee is non-refundable. Teams may not withdraw after October 7 without penalty.
Corporate Restructuring Competition Dinner
For additional sponsor information, Please contact Allyson Donohue at [email protected]
Single Ticket to CRC Dinner - $150
(Students are invited to attend the dinner complimentary)Table Sponsor for CRC Dinner $1,000 (Includes 4 tickets to the CRC Dinner) $2,000 (Includes 8 tickets to the CRC Dinner) For More Information, click here
Event Information 242763
Thursday, February 2
2:00-5:00 p.m.
Registration Open
2:45-3:00 p.m.
Opening Remarks
3:00-4:00 p.m.
Plenary Session
Practicing Bankruptcy Law with Excellence: A Master Class in Professionalism and Ethics
Hon. Roberta A. Colton, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Orlando
Stephen D. Busey
Smith Hulsey & Busey; Jacksonville
G. Christopher Meyer
Squire Patton Boggs; Sarasota
Harley E. Riedel
Stichter, Riedel, Blain & Postler, P.A.; Tampa
4:10-5:10 p.m.
Plenary Session
Covering Your Assets!! The Ethics of Asset Protection
Attorney/Client Privilege and the Crime/Fraud Exception; Busting Up “Bankruptcy Remote” Entities
Hon. Cynthia C. Jackson, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Orlando
John A. Anthony
Anthony & Partners; Tampa
Alan S. Gassman
Gassman, Crotty & Denicolo, P.A.; Clearwater
Michael C. Markham
Johnson Pope Bokor Ruppel & Burns, LLP; Tampa
5:15-6:45 p.m.
Opening Reception
Bar Sponsored by BakerHostetler, Bilzin Sumberg Baena Price & Axelrod LLP and Holland & Knight LLP
7:30-10:30 p.m.
Optional Event
Tampa Bay Lightning vs. Ottawa Senators Hockey Game
Sponsored by Anthony & Partners, LLC, Shumaker, Loop & Kendrick, LLP and Trenam Law
Friday, February 3
8:00 a.m.-4:30 p.m.
Exhibit Hall Open
8:00-8:30 a.m.
Continental Breakfast
Sponsored by Kozyak Tropin & Throckmorton, LLP
8:30-8:45 a.m.
Welcome by Program Chairs
8:45-10:15 a.m.
Plenary Session
You Paid How Much?? Valuation Issues in Business and Consumer Cases
Hon. Cynthia A. Norton, Moderator
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Keith T. Appleby
Banker Lopez Gassler P.A.; Tampa
Nicole M. Noel
Kass Shuler, P.A.; Tampa
Nickolas N. Sypniewski
ComStock Advisors; Cincinnati
10:15-10:30 a.m.
Refreshment Break
10:30 a.m.-12:00 noon
Concurrent Breakouts (2)
Business Session:
Hot Topics in Chapter 11
Lien-Perfection Issues; Ethical Considerations for Debtors’ Counsel; Authority to File; Creditor Standing to Prosecute Estate Claims; Cash Collateral/Adequate Protection
Hon. Paul M. Glenn, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Jacksonville
Michael P. Brundage
Phelps Dunbar LLP; Tampa
Jordi Guso
Berger Singerman LLP; Miami
Mindy A. Mora
Bilzin Sumberg Baena Price & Axelrod LLP; Miami
Nicolette Vilmos
Broad and Cassel, Attorneys at Law; Orlando
Consumer Session
Hot Topics in Chapter 13
Equal Monthly Payments; Consequences of Surrender and Pay Direct; Rule 3001(c) issues; Fee-Shifting under Rule 3002.1; Circuit Splits on Service of Objections to Claims and Bar Dates for Secured Creditors; Unscheduled Claims
Hon. Caryl E. Delano, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa.
Gregory A. Champeau
Champeau Law, P.A.; Naples
Douglas W. Neway
Chapter 13 Standing Trustee; Jacksonville
Michael Waskiewicz
Burr & Forman LLP; Jacksonville
12:00-1:30 p.m.
Fourth Annual Paskay Memorial Luncheon & Keynote
Sponsored by Stichter, Riedel, Blain & Postler, PA
Hon. Steven W. Rhodes (ret.)
Ann Arbor, Mich.
1:30-1:45 p.m.
Refreshment Break
1:45-3:00 p.m.
Concurrent Breakouts (2)
Business Session
The Doctor Is In! Health Care Update
Qui Tam Cases in Bankruptcy Court; Applicability of the Automatic Stay under § 362; Are You Exhausted Yet? Better Take a Look at Those Administrative Remedies
Hon. K. Rodney May, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Elizabeth A. Green
BakerHostetler; Orlando
Danielle S. Kemp
Greenberg Traurig, LLP; Tampa
Frank P. Terzo
GrayRobinson, P.A.; Fort Lauderdale
Consumer Session
Pay Up! Current Developments in FDCPA/FCCPA Cases
Is Technology Creating Liability for Lenders? Stay Now or Pay Later: The Discharge Injunction
Courtney A. McCormick, Moderator
McGuireWoods LLP; Jacksonville
Christie D. Arkovich
Law Offices of Christie D. Arkovich, P.A.; Tampa
Carmen Dellutri
Dellutri Law Group; Fort Myers
Steven R. Wirth
Akerman LLP; Tampa
3:00-3:10 p.m.
Refreshment Break
Sponsored by Bush Ross, PA
3:10-4:40 p.m.
Concurrent Breakouts (2)
Business Session
Show Me the Money! The ABC's of Getting Paid Your Attorney's Fees
Hon. Michael G. Williamson, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Adam L. Alpert
Bush Ross, P.A.; Tampa
Jill E. Kelso
Office of the U.S. Trustee; Orlando
Brian A. McDowell
Holland & Knight LLP; Orlando
Consumer Session
Consumer Potpourri: Representing the Consumer Debtor
How to Survive Your Client’s 341 Meeting; The Elderly or Incapacitated Client; Exemption Issues
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Robert C. Furr
Furr & Cohen, P.A.; Boca Raton
Stephanie C. Lieb
Trenam Law; Tampa
Luis E. Rivera
Henderson, Franklin, Starnes & Holt, P.A.; Fort Myers
4:45-5:45 p.m.
Happy Hour Networking
Sponsored by Akerman LLP and Phelps Dunbar LLP
6:30-9:30 p.m.
Optional Event: Tampa Bay Brew Bus Tour
7:00-9:30 p.m.
Optional Event: Dine-Around
7:00-9:30 p.m.
VIP Speaker/Sponsor Dinner (by invitation only)
Saturday, February 4
8:00-8:30 a.m.
Continental Breakfast
8:30-8:45 a.m.
Opening Remarks
8:45-9:45 a.m.
Plenary Session
Supreme Court Review and Recent Case Law Update
Hon. Catherine Peek McEwen, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Daniel F. Blanks
Nelson Mullins Riley & Scarborough LLP; Jacksonville
Leanne M. Prendergast
FisherBroyles, LLP; Jacksonville
Theresa J. Pulley-Radwan
Stetson University College of Law; Gulfport
Lynn Welter Sherman
Adams and Reese LLP; Tampa
10:00-11:00 a.m.
Plenary Session
You Lost! Now What? Appellate Issues: Is Your Order Final?
Is Your Order Final? Appeals from Confirmation Orders; It Just Doesn’t Matter Anymore: Equitable Mootness; Winning the Appeal but Losing the War: Stays Pending Appeal
Paul J. Battista, Moderator
Genovese Joblove & Battista, P.A.; Miami
Paul A. Avron
Berger Singerman LLP; Boca Raton
Ceci C. Berman
Brannock & Humphries; Tampa
Mark D. Hildreth
Shumaker, Loop & Kendrick, LLP; Sarasota
11:00-11:15 a.m.
Refreshment Break
11:15 a.m.-12:15 p.m.
Judicial Merry-Go-Round!
Judge-led rapid-fire roundtables on today’s provocative issues, with judges changing tables every 20 minutes.
Roy S. Kobert, Moderator
Gray Robinson, P.A.; Orlando
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. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Cynthia C. Jackson
U.S. Bankruptcy Court (M.D. Fla.); Orlando
Hon. K. Rodney May
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Catherine P. McEwen
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
12:15 p.m.
Adjourn
To view the full program brochure, click here
Optional Events
Tampa Bay Lightning vs. Ottawa Senators Hockey Game
Thursday, February 2, 7:30-10:30 p.m.
Watch the Tampa Bay Lightning take on the Ottawa Senators at Amelie Arena while networking in one of three boxes reserved for the event. Tickets are $70 per person. The arena is a short walk from the hotel.
Tampa Bay Brew Bus Tour
Friday, February 3, 6:30-9:30 p.m.
Discover the amazing breweries that make Tampa Bay’s beer scene so special. The $70-per-person fee includes Brew Bus beer during the ride plus two brewery tours. Please check the appropriate box on the registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Malio’s Prime Steakhouse Dine-Around
Friday, February 3, 7:00-9:30 p.m.
Cuisine: Steak & Seafood
Malio’s Prime Steakhouse offers USDA prime beef and the freshest seafood available accompanied by a selection of more than 200 wines, along with unparalleled service and ambience. The $95-per-person fee includes transportation, dinner with two drinks, dessert and gratuity. Please check the appropriate box on the registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Ulele Dine-Around
Friday, February 3, 7:00-9:30 p.m.
Cuisine: Native Floridian Fare
Ulele celebrates the vibrant fusion of ingredients from Florida waters and land that was once home to many Native Americans. Expect intricately flavored, visually appealing dishes prepared on the 10’ diameter barbacoa grill. The $95-per-person fee includes transportation, dinner with two drinks, dessert and gratuity. Please check the appropriate box on the registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
To view the full program brochure, click here
Judicial Co-Chairs
Hon. Caryl E. Delano
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. K. Rodney May
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Program Chair
Jeffrey W. Warren
Bush Ross, P.A.; Tampa
Advisory Board
John A. Anthony
Anthony & Partners; Tampa
Keith T. Appleby
Hill Ward Henderson; Tampa
Paul J. Battista
Genovese Joblove & Battista, PA; Miami
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa
Michael P. Brundage
Phelps Dunbar LLP; Tampa
Stephen D. Busey
Smith Hulsey & Busey; Jacksonville
Betsy C. Cox
Rogers Towers; Jacksonville
Denise Dell-Powell
Burr & Forman LLP; Orlando
James W. Elliott
McIntyre Thanasides; Tampa
W. Keith Fendrick
Holland & Knight LLP; Tampa
Lara Roeske Fernandez
Trenam Law; Tampa
Paul A. Giordano
Roetzel & Andress, LPA; Fort Myers
Elizabeth A. Green
BakerHostetler; Orlando, Fla.
Jordi Guso
Berger Singerman LLP; Miami
David S. Jennis
Jennis Law Firm; Tampa
Danielle Kemp
Greenberg Traurig, LLP; Tampa
Franklind Davis Lea
Tactical Financial Consulting, LLC; Alpharetta, Ga.
Stephen Leslie
Stichter, Riedel, Blain & Prosser, P.A.; Tampa
Dennis J. LeVine
Kelley Kronenberg; Tampa
Michael C. Markham
Johnson Pope Bokor Ruppel & Burns, LLP; Clearwater
Courtney McCormick
McGuireWoods LLP; Jacksonville
Dean Theresa J. Pulley Radwan
Stetson University College of Law; Gulfport
Luis E. Rivera, II
Henderson, Franklin, Starnes & Holt, P.A.; Fort Myers
Lynn Welter Sherman
Adams and Reese LLP; Tampa
Frank P. Terzo
GrayRobinson, P.A.; Miami
Charles W. Throckmorton
Kozyak Tropin Throckmorton, LLP; Miami
Steven R. Wirth
Akerman LLP; Tampa, Fla.
Conference Information
Hotel
Enjoy a stay at the Embassy Suites Tampa – Downtown Convention Center hotel, convenient to dining and entertainment in downtown Tampa, Fla. ABI has arranged a special conference rate of $219 single/double (Standard rooms) per night. Make your reservations by December 30, 2016, to reserve this special rate. ABI cannot guarantee anyone a room after the December 30 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.
Continuing Education Credit
12 hours of general CLE credit, including 3.75 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 14 hours of general CLE credit, including 4.5 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 in the amount of 12 hours, of which 3.75 hours 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 14 credit hours, of which 4.5 hours of credit can be applied toward the ethics professionalism requirement. 14 hours of CPE credit, including 4.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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, ABI may allow the individual to work at the registration area for a few hours during attendee check-in, or assist in conference setup. ABI also has reduced rates for government employees, professors, law clerks and students. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800, or 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 January 12, 2017. No refunds will be granted after January 12, but substitutions will be allowed. After January 12, 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.
To view the full program brochure, click here
Premium Sponsors
Bush Ross, PA
Genovese Joblove & Battista, P.A.
Kozyak Tropin & Throckmorton, LLP
Stichter, Riedel, Blain & Postler, P.A.
Trenam LawPatron Sponsors
Akerman LLP
Anthony & Partners, LLC
Gassman, Crotty & Denicolo, P.A.
Phelps Dunbar LLP
Shumaker, Loop & Kendrick, LLPSupporting Sponsors
BakerHostetler
Bilzin Sumberg Baena Price & Axelrod LLP
Holland & Knight, LLP
Michael Moecker & Associates, Inc.Special Thanks
We extend our special thanks to Genovese Joblove & Battista, P.A. for the lanyards, Thomson Reuters for the printed educational materials and Wilmington Trust for the tote bags.
To view the full program brochure, click here
Conference Rates
Registration Rates Early
(postmarked by 12/23/16)Regular
(12/24/16 - 1/20/17)Late
(after 1/20/17)ABI Member$365$415$465Govt./Academic/Nonprofit ABI Member$215$265$315New ABI Member*$565$615$665Govt./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 $295 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**$1000New ABI Member Exhibitor Registration****$1,295Additional 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 one-year ABI membership.
Optional Events
Tampa Bay Lightning vs. Ottawa Senators Hockey Game$70Tampa Bay Brew Bus Tour$70Dine-AroundMalio’s Prime SteakhouseUlele$95ABI 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.
To view the full program brochure, click here
Event Information 243020
Thursday, January 26
8:30-11:45 a.m.
IWIRC Program (separate registration)
IWIRC Program
10:00 -11:45 am
How to Win Clients and Build Your Book of Business in Bankruptcy
Paige L. Ellerman
Frost Brown Todd LLC; Cincinnati
Peggy Hunt
Dorsey & Whitney LLP; Salt Lake City
Adelaide Maudsley
Kirton McConkie; Salt Lake City
Deanna L. Westfall, Esq.
Weinstein & Riley, P.S.; Broomfield, Colo.
11:00 a.m.
ABI Registration Desk and Exhibit Hall Open
Noon-12:45 p.m.
Lunch
Sponsored by Dorsey & Whitney LLP, IWIRC Mountain Desert Network and The Faculty of Federal Advocates
12:45-1:45 p.m.
Luncheon Keynote
Optimize Cognitive Fitness: The Connection Between Lawyer Wellbeing and Performance
Prof. Debra Austin, J.D. and Ph.D.
University of Denver Sturm College of Law
1:45-3:00 p.m.
Concurrent Sessions (3)
Chapter 11 Plans with Third-Party Releases and Exculpation Provisions
Lee M. Kutner, Moderator
KutnerBrinen, PC; Denver
Aaron J. Conrardy
Sender Wasserman Wadsworth, P.C.; Denver
Josh M. Hantman
Brownstein Hyatt Farber Schreck, LLP; Denver
Hon. Michael E. Romero
U.S. Bankruptcy Court (D. Colo.); Denver
Brian L. Shaw
Shaw Fishman Glantz & Towbin LLC; Chicago
Ethics: Discharge Issues and Elements of Proof Under § 523/Consumer Mock Trial of a § 523 Discharge Case
Chad S. Caby, Moderator
Lewis Roca Rothgerber Christie LLP; Denver
Deanna L. Westfall, Moderator
Weinstein & Riley, P.S.; Broomfield, Colo.
Troy J. Aramburu
Snell & Wilmer, LLP; Salt Lake City
Hon. Elizabeth E. Brown
U.S. Bankruptcy Court (D. Colo.); Denver
Andrew D. Johnson
Onsager | Guyerson | Fletcher | Johnson; Denver
Roundtable Discussions on the Supreme Court
Theodore J. Hartl, Moderator
Lindquist & Vennum LLP; Denver
Lars Henrik Fuller
BakerHostetler; Denver
Ronald R. Peterson
Jenner & Block LLP; Chicago
Jennifer M. Salisbury
Markus Williams Young & Zimmermann LLC; Denver
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
3:00-3:30 p.m.
Refreshment Break
Sponsored by Lindquist & Vennum LLP
3:30-4:45 p.m.
Concurrent Sessions (3)
Alternatives to Bankruptcy: Receiverships, ABCs, Self-Managed Liquidations
Gil A. Miller, Moderator
Rocky Mountain Advisory; Salt Lake City
Edward T. Gavin, CTP
Gavin/Solmonese LLC; Wilmington, Del.
George B. Hofmann
Cohne Kinghorn; Salt Lake City
John C. Smiley
Lindquist & Vennum LLP; Denver
Recent Updates to the Uniform Fraudulent Transfer Act
Peggy Hunt, Moderator
Dorsey & Whitney LLP; Salt Lake City
Tom H. Connolly
Connolly Lofstedt Cadette & Pearce, P.C.; Louisville, Colo.
Hon. William T. Thurman
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Robert G. Wing
Ray Quinney & Nebeker, P.C
Section 363 Sale Issues Involving Successor Liability and the Meaning of “Free and Clear”
Christian C. Onsager, Moderator
Onsager | Fletcher | Johnson; Denver
Jeffrey S. Brinen
KutnerBrinen, PC; Denver
Timothy A. Davidson, II
Andrews Kurth Kenyon LLP; Houston
Scott J. Goldstein
Spencer Fane LLP; Kansas City
Hon. Joseph G. Rosania
U.S. Bankruptcy Court (D. Colo.); Denver
Risa Lynn Wolf-Smith
Holland & Hart LLP; Denver
4:45-6:30 p.m.
Networking Reception
Sponsored by Parsons Behle & Latimer and Rocky Mountain Advisory
Friday, January 27
7:00 a.m.
Registration Desk and Exhibit Hall Open
7:30-8:00 a.m.
Breakfast
Holland & Hart LLP and Otten Johnson Robinson Neff + Ragonetti PC
8:00-8:55 a.m.
Judges’ Roundtable
Featuring the Judges of the 22nd Annual Rocky Mountain Bankruptcy Conference.
9:00-10:15 a.m.
Concurrent Sessions
Consumer Workshop I“Means Testing” and Post-Petition Income Sources
Karen Perse, Moderator
Douglas B. Kiel, Chapter 13 Trustee; Denver
Stephen E. Berken
Berken & Associates; Denver
Tami Gadd-Willardson
Office of the Chapter 13 Trustee; Salt Lake City
Matthew W. Hoelscher
Douglas B. Kiel, Chapter 13 Trustee; Denver
Drew Moore
Drew Moore P.C.; Grand Junction, Colo.
Documentation Issues/Proper Structuring of Transactions to Strengthen Position in Bankruptcy
Caroline Case Fuller, Moderator
Fairfield and Woods P.C.; Denver
Steven J. McCardell
Durham Jones & Pinegar; Salt Lake City
Hon. R. Kimball Mosier
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Steven T. Waterman
Dorsey & Whitney LLP; Salt Lake City
Repeat Concurrent Session
Chapter 11 Plans with Third-Party Releases and Exculpation Provisions
10:15-10:45 a.m.
Coffee Break
Sponsored by Ray, Quinney & Nebeker
10:45 a.m.-12:00 noon
Concurrent Sessions (3)
Consumer Workshop IIEscrow Issues and Chapter 13 Cases, Including Home Mortgage Issues and the Conduit System
Deanna L. Westfall, Moderator
Weinstein & Riley, P.S.; Broomfield, Colo.
Hon. Thomas B. McNamara
U.S. Bankruptcy Court (D. Colo.); Denver
Drew Moore
Drew Moore P.C.; Grand Junction, Colo.
Kyle Payne
Payne & Associates; Houston
Repeat Concurrent Sessions
Ethics: Discharge Issues and Elements of Proof Under § 523/Consumer Mock Trial of a § 523 Discharge Case
Alternatives to Bankruptcy: Receiverships, ABCs, Self-Managed Liquidations
12:30-1:30 p.m.
Luncheon
Sponsored by Ballard Spahr LLP
Luncheon and keynote by Rep. Ed Perlmutter (D-CO-07)
1:45-3:00 p.m.
Concurrent Sessions (3)
Consumer Workshop IIIPractice and Procedure: General Practice Tips for Consumer Attorneys
Hon. Kevin R. Anderson, Moderator
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Hon. Thomas B. McNamara
U.S. Bankruptcy Court (D. Colo.); Denver
Hon. Cathleen D. Parker
U.S. Bankruptcy Court (D. Wyo.); Cheyenne
Repeat Concurrent Sessions
Recent Updates to the Uniform Fraudulent Transfer Act
Section 363 Sale Issues Involving Successor Liability and the Meaning of “Free and Clear”
3:00-3:30 p.m.
Refreshment Break
Sponsored by Onsager | Fletcher | Johnson
3:30-4:45 p.m.
Repeat Concurrent Sessions (2)
Roundtable Discussions on Supreme Court
Documentation Issues/Proper Structuring of Transactions to Strengthen Position in Bankruptcy
4:45-6:30 p.m.
Networking Reception
Sponsored by Cordes & Company, Markus Williams Young & Zimmermann LLC and Shapiro Bieging Barber Otteson LLP
Register for Consumer Program only
Friday, January 27
9:00-10:15 a.m.
Concurrent Sessions
Consumer Workshop I“Means Testing” and Post-Petition Income Sources
Karen Perse, Moderator
Douglas B. Kiel, Chapter 13 Trustee; Denver
Stephen E. Berken
Berken & Associates; Denver
Tami Gadd-Willardson
Office of the Chapter 13 Trustee; Salt Lake City
Matthew W. Hoelscher
Douglas B. Kiel, Chapter 13 Trustee; Denver
Drew Moore
Drew Moore P.C.; Grand Junction, Colo.
10:15-10:45 a.m.
Coffee Break
Sponsored by Ray, Quinney & Nebeker
10:45 a.m.-12:00 noon
Concurrent Sessions
Consumer Workshop IIEscrow Issues and Chapter 13 Cases, Including Home Mortgage Issues and the Conduit System
Deanna L. Westfall, Moderator
Weinstein & Riley, P.S.; Broomfield, Colo.
Hon. Thomas B. McNamara
U.S. Bankruptcy Court (D. Colo.); Denver
Drew Moore
Drew Moore P.C.; Grand Junction, Colo.
Kyle Payne
Payne & Associates; Houston
12:00-12:30 p.m.
Lunch
12:30-1:30 p.m.
Lunch Presentation
Luncheon and keynote by Rep. Ed Perlmutter (D-CO-07)
1:45-3:00 p.m.
Concurrent Sessions
Consumer Workshop IIIPractice and Procedure: General Practice Tips for Consumer Attorneys
Hon. Kevin R. Anderson, Moderator
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Hon. Thomas B. McNamara
U.S. Bankruptcy Court (D. Colo.); Denver
Hon. Cathleen D. Parker
U.S. Bankruptcy Court (D. Wyo.); Cheyenne
3:00-3:30 p.m.
Refreshment Break
Sponsored by Lindquist & Vennum LLP
3:30-4:45 p.m.
Roundtable Discussions on the Supreme Court
Theodore J. Hartl, Moderator
Lindquist & Vennum LLP; Denver
Lars Henrik Fuller
BakerHostetler; Denver
Ronald R. Peterson
Jenner & Block LLP; Chicago
Jennifer M. Salisbury
Markus Williams Young & Zimmermann LLC; Denver
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
4:45-6:30 p.m.
Networking Reception
Sponsored by Cordes & Company, Markus Williams Young & Zimmermann LLC and Shapiro Bieging Barber Otteson LLP
2017 Rocky Mountain Bankruptcy Conference Advisory Board
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
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.
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 C. Onsager, Sponsorship Coordinator
Onsager | Fletcher | Johnson; Denver
J. Thomas Beckett
Parsons Behle & Latimer; Salt Lake City
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
Bradford E. Dempsey
Faegre Baker Daniels; Denver
Caroline Case Fuller
Fairfield and Woods P.C.; Denver
Theodore J. Hartl
Lindquist & Vennum LLP; Denver
Peggy Hunt
Dorsey & Whitney LLP; Salt Lake City
Eric E. Johnson
Sherman & Howard L.L.C.; Denver
Lee M. Kutner
KutnerBrinen, PC; Denver
Bria LaSalle Mertens
Stoel Rives LLP; Salt Lake City
Sherilyn A. Olsen
Holland & Hart LLP; Salt Lake City
Karen Perse
Douglas B. Kiel, Chapter 13 Trustee; Denver
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; Salt Lake City
Kimberley H. Tyson
Ireland Stapleton Pryor & Pascoe, PC; 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 $250 per night; reservations must be made by December 26, 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 26. 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 January 5, 2017. No refunds will be granted after January 5, but substitutions will be allowed. After January 5, 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 10.5 hours of CLE credit, including 1.5 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 13 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 10.5 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 13 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 13 hours of CPE credit, including 1.5 hours of ethics, are also available.
Rocky Mountain Consumer Workshop: Approval for approximately 7.5 hours of CLE credit, including 1.5 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 8.5 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 7.5 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 8.5 credit hours, including 1.5 hours of ethics. 8.5 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 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 [email protected].
Double Black Diamond Sponsors
Dorsey & Whitney LLP
IWIRC Mountain / Desert Network
KutnerBrinen, PC
Lindquist & Vennum LLP
Onsager | Fletcher | Johnson
Otten Johnson Robinson Neff + Ragonetti PC
Parsons Behle & Latimer
Ray Quinney & Nebeker
Rocky Mountain Advisory
Snell & Wilmer, LLP
Spencer Fane LLP
Summit Investment ManagementBlack Diamond Sponsors
Ballard Spahr LLP
Cordes & Company
Holland & Hart LLP
Markus Williams Young & Zimmermann LLC
Shapiro Bieging Barber Otteson LLP
The Faculty of Federal AdvocatesBlue Sponsors
Allen Vellone Wolf Helfrich & Factor P.C.
Buechler & Garber LLC
Coan, Payton & Payne, LLC
Connolly Lofstedt Cadette & Pearce, P.C.
Faegre Baker Daniels LLP
Lewis Roca Rothgerber Christie LLP
Moye White LLP
RubinBrown LLP
Sender Wasserman Wadsworth P.C.
Spencer Fane
S3 AdvisoryGreen Sponsors
Fabian VanCott
Haynes and Boone, LLP
Ireland Stapleton Pryor & Pascoe, PC
r2 advisors llc
Sherman & Howard LLCSpecial Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, Summit Investment Management for sponsorship of the wifi and lanyards, Thomson Reuters for the printed educational materials and Wilmington Trust for the conference tote bags.
2017 Conference Rates
Early Bird
(postmarked by 11/18/16)Regular
(11/19/16-1/6/17)Late
(after 1/6/17)Rocky Mountain Bankruptcy Conference ABI Member $575$650 $695New ABI Member* $850$925 $970Govt./Aca. ABI Member $345$395 $445Govt./Aca. New ABI Member* $440$490 $540Consumer Workshop ONLY Pricing (program only on 1/27/17) ABI Member $295 $345 $395 New ABI Member* $390 $440 $490 Optional Events IWIRC Program Fee (includes lunch) $50Thursday Networking Reception FreeThursday Networking Reception Guest $40Friday Networking Reception FreeFriday 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.
Event Information 243125
Thursday, February 9
4:30 p.m.
Registration
6:00-7:30 p.m.
Opening Reception
Friday, February 10
7:30-8:00 a.m.
Registration and Continental Breakfast
8:00-8:15 a.m.
Welcome and Opening Remarks
8:15-9:30 a.m.
Offshore Alert: Changes to Insolvency Laws and Rules in the Bahamas
The Hon. Mr. Justice Ian Winder
Supreme Court of the Bahamas; New Providence, The Bahamas
Brian M. Moree
McKinney Bancroft & Hughes; Nassau, The Bahamas
Brian Simms
Lennox Paton; Nassau, The Bahamas
9:30-9:45 a.m.
Refreshment Break
Sponsored by Solomon Harris
9:45-10:45 a.m.
Buying and Investing in Bankruptcy Litigation: A New Paradigm
This panel will explore the following questions: Who is your client? What is the decision-making process for your client (veto)? Who is liable for sanctions for actions in the case? The panel will also discuss attorney/client privilege, mediation (and who needs to be there) and champerty concerns.
Prof. Jan L. Jacobowitz, Moderator
University of Miami School of Law; Coral Gables, Fla.
Justin G. Brass
Burford Capital LLC; New York
Warren E. Gluck
Holland & Knight LLP; New York
James C. Little
Drumcliffe Partners; Wilmington, Del.
10:45-11:45 a.m.
“You Can't Always Get What You Want…”: Update on Chapter 15 Assistance to Foreign Trustees and by Caribbean Courts in U.S. Cases
This panel will discuss issues that have arisen in recent chapter 15 cases, including the several issues presented in the Hanjin Shipping Co. case. The panel will also address how Cayman courts approach applications for assistance by foreign representatives, as well as the factors considered by Cayman courts when Cayman liquidators request authority to seek chapter 11 or chapter 15 relief in the U.S. courts.
Hon. Robert A. Mark, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Shelly C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Prof. Andrew Dawson
University of Miami School of Law; Coral Gables, Fla.
Rachael Reynolds
Ogier; Camana Bay, Grand Cayman, Cayman Islands
11:45 a.m.-12:00 noon
Refreshment Break
12:00-1:15 p.m.
Judges’ Roundtable
Patricia A. Redmond, Moderator
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. Robert A. Mark
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan
Saturday, February 11
7:30-8:00 a.m.
Continental Breakfast
8:00-9:15 a.m.
Concurrent Sessions (2)
Zika in the Caribbean, and Other Stinging Health Care Insolvency Issues
This panel will explore a review of Health City Cayman Islands and its potential insights for U.S. soaring medical costs, the health care impact of the Zika virus throughout the Caribbean nations, and an update on Puerto Rico’s health care industry and other hot health care insolvency issues.
Hon. Brian K. Tester, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Melissa Davis
KapilaMukamal; Fort Lauderdale, Fla.
Samuel R. Maizel
Dentons; Los Angeles
Tiffany D. Payne
BakerHostetler, Orlando, Fla.
Frank P. Terzo
GrayRobinson, P.A.; Fort Lauderdale, Fla.
Part I: I Ain’t Afraid of No Laws! Legal Issues for Attorneys When Creating, Defending or Chasing Offshore Assets
This panel will address the differences between the laws of various Caribbean nations (Nevis, Cayman, Panama) and the U.S. concerning the creation of various legal entities/structures to hold assets, as well as those nations’ laws concerning (1) privacy, (2) taxation, (3) piercing the corporate veil/sham structure and (4) avoidance actions. This session will also consider U.S. courts’ jurisdictional ability to enter and enforce orders affecting such entities and their power to assert jurisdiction over persons who are involved with and professionals who represent such entities.
C.R. Bowles, Moderator
Bingham Greenebaum Doll LLP; Louisville, Ky.
Jonathan E. Gopman
Akerman LLP; Naples, Fla.
Ira L. Herman
Blank Rome LLP; New York
9:15-10:30 a.m.
Concurrent Sessions (2)
Puerto Rico’s Financial Crisis: The Puerto Rico Oversight, Management and Economic Stability Act (PROMESA) in Action
This panel will explore the oversight board created under PROMESA, including (1) a simplified overview of the law with a summary of each chapter, (2) the key players and their roles (e.g., PROMESA oversight board, executive director, revitalization coordinator, etc.), (3) highlights from the first 90 days of PROMESA, (4) a comparison/contrast of PROMESA with the DC and NYC financial crises, and (5) the major challenges faced by the oversight board to improve Puerto Rico’s financial condition (restructuring, economic development, fiscal reform).
Hon. Enrique S. Lamoutte, Moderator
U.S. Bankruptcy Court (D. P.R.); San Juan
Sonia Colon
Ferraiuoli, LLC; Orlando, Fla.
Carmen Conde
C. Conde & Associates; San Juan, Puerto Rico
Kevin Lavin
Ankura Consulting Group, LLC; New York
John J. Rapisardi
O’Melveny & Myers LLP; New York
Zachary H. Smith
Moore & Van Allen PLLC; Charlotte, N.C.
Part II: Finding Dory’s Assets! How to Find Money and Make Sure It Stays Put
This panel will discuss the kinds of asset information that can be obtained depending on who is looking for it (i.e., liquidator/receiver/trustee in bankruptcy, creditor), including the decision in In re Petroforte Brasileiro de Petroleo Ltda and how to make sure that assets, once found, don’t disappear.
Laura Hatfield, Moderator
Solomon Harris; George Town, Grand Cayman, Cayman Islands
Graeme Halkerston
Wilberforce Chambers; London
Keiran Hutchison
Ernst & Young Ltd.; Grand Cayman, Cayman Islands
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Paul Smith
Conyers Dill & Pearman; Grand Cayman
10:30-10:45 a.m.
Refreshment Break
10:45 a.m.-12:00 noon
Concurrent Sessions (2)
Keep Calm and Carry On Investing
This panel will explore the decision of the U.K. to leave the European Union in June 2016 and its many far-reaching political implications for hedge funds and the private-equity industry, many of which are still generally unclear. The recent U.S. presidential elections also waged war on the private-equity industry, and on hedge funds in particular. The panel will look at how Brexit and the U.S. elections have impacted and continue to impact hedge funds and the private-equity industry, particularly in terms of managing, distributing and exiting funds. It will also examine what it means for the restructuring and winding-up of entities commonly used in the hedge fund and private-equity industry generally and those sectors that are most likely to be impacted, with a particular focus on the Cayman Islands, Ireland and the U.S.
Wayne P. Weitz, Moderator
EisnerAmper LLP; New York
Rebecca Hume
Kobre & Kim LLP; Camana Bay, Grand Cayman, Cayman Islands
Michael Pearson
Fund Fiduciary Partners Ltd.; George Town, Grand Cayman, Cayman Islands
Derbhil O’Riordan
Dillon Eustace; George Town, Grand Cayman, Cayman Islands
In This Corner, Arbitration; in the Other, Bankruptcy: Welcome to the Main Event!
This panel will discuss the interplay of arbitration clauses in a liquidation scenario, including what it can mean when a party decides to argue a dispute subject to an arbitration clause and seeks to wind up the company, or when a potential claim within an estate is subject to an arbitration clause.
Kenneth M. Krys, Moderator
KRyS Global; Grand Cayman, Cayman Islands
Katherine R. Catanese
Foley & Lardner LLP; New York
Leah M. Eisenberg
Arent Fox LLP; New York
Caroline Moran
Maples and Calder; George Town, Grand Cayman, Cayman Islands
Andrew Thorp
Harneys; Road Town, Tortola, British Virgin Islands
12:00 p.m.
Ajourn
Conference Chairs
Rudy J. Cerone, Co-Chair
McGlinchey Stafford PLLC; New Orleans, LA
Mariaelena Gayo-Guitian, Co-Chair
Genovese Joblove & Battista, P.A.; Fort Lauderdale, Fla.
Hon. Robert A. Mark, Judicial Chair (Miami)
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Brian K. Tester, Judicial Chair (Caribbean)
U.S. Bankruptcy Court (D. P.R.); San Juan
Advisory Board
Joaquin J. Alemany
Holland & Knight LLP; Miami
Leyza F. Blanco
GrayRobinson, P.A.; Miami
C. R. “Chip” Bowles
Bingham Greenebaum Doll LLP; Louisville, Ky.
Katherine R Catanese
Foley & Lardner LLP; New York
Sonia Colon
Ferraiuoli LLC; Orlando, Fla.
Carmen D. Conde Torres
C. Conde & Associates; San Juan
Melissa Davis
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Prof. Andrew B. Dawson
University of Miami School of Law; Miami
James Fox
GlassRatner Advisory & Capital Group LLC; New York
Gregory S. Grossman
Astigarraga Davis Mullins & Grossman, PA; Miami
Laura Hatfield
Solomon Harris; George Town, Grand Cayman, Cayman Islands
Rebecca Hume
Kobre & Kim LLP; Cayman Islands
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Kenneth M. Krys
KRyS Global; George Town, Grand Cayman, Cayman Islands
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Edguardo Mangual-Gonzalez
EMG Dispacho Legal; San Juan
Isaac M. Marcushamer
Berger Singerman LLP; Miami
Jerry M. Markowitz
Markowitz Ringel Trusty + Hartog, P.A.; Miami
Jennifer M. Meyerowitz
GCG
Francis C. Morrissey
Morrissey, Wilson & Zafiropoulos, LLP; Boston
Charles A. Postler
Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.
Patricia A. Redmond
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.; Miami
Zachary H. Smith
Moore & Van Allen PLLC; Charlotte, NC
Wayne P. Weitz
EisnerAmper LLP; New York
Conference Information
Hotel
Fronting Grand Cayman’s famous Seven Mile Beach, the recently renovated Westin Grand Cayman Seven Mile Beach Resort & Spa is in the heart of Grand Cayman, with easy access to Grand Cayman’s best attractions, including scuba diving, shopping and golf.
ABI has arranged for a special conference rate of $399 single/double. To secure this special rate, reservations must be made by January 9, 2017. The ABI special rate is very limited and is available on a first-come, first-served basis. ABI cannot guarantee availability at the resort. You can make your reservation directly with the hotel by contacting its reservations department at (345) 945-3800 and identifying yourself with the Caribbean Insolvency Symposium/ABI room block.
Travel
The Westin Grand Cayman Seven Mile Beach Resort & Spa is conveniently located only 10 minutes from Grand Cayman’s International Airport, a short flight from Miami International Airport. U.S. travelers will be required to have a current passport to travel to the island.
Continuing Education Credit
8.75 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 10.5 hours of general CLE credit 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 in the amount of 8.75 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 10.5 credit hours. 10.5 hours of CPE credit 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 [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by January 19, 2017. No refunds will be made if notice is received after January 19, although substitutions will be allowed. After January 19, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
HURRICANE SPONSORS
AlixPartners
EisnerAmper LLP; New York
Genovese Joblove & Battista, PA
GrayRobinson, PA
Proskauer
Solomon Harris
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PATRADEWIND SPONSORS
BakerHostetler
Bingham Greenebaum Doll LLP
Harneys
Kobre & Kim LLP
McGlinchey Stafford, PLLC
McGuireWoods
Moore & Van Allen PLLC
Stichter, Riedel, Bain & Prosser, P.A.BAHAMA BREEZE SPONSORS
Astigarraga Davis Mullins & Grossman, PA
Arent Fox
Berger Singerman
C. Conde & Associates
Dillon Eustace
DLA Piper LLP
Ferraiuoli LLC
Foley & Lardner LLP
FTI Consulting
Garden City Group
GCG
GlassRatner Advisory & Capital Group LLC
Holland & Knight
KapilaMukamal LLP
KRyS Global
Markowitz Ringel Trusty & HartogRates
Registration Rates* Early Bird
(postmarked by 11/18/16)Regular
(11/19/16-1/13/17)Late
(after 1/13/17)ABI Member$395$445$495New ABI Member*$670$720$770ABI Govt./Aca. Member$245$295$345New ABI Govt./Aca. Member*$340$390$440*Includes a one-year membership for first-time members only — a $295 value! You must be an ABI member to attend. Membership is individual and nonrefundable. If your membership has expired, choose the member rate and add in your renewal fee.
Event Information 243246
Wednesday Afternoon, March 1
12:15 p.m.
Registration Opens
Track A: Valuation Fundamentals Workshop
Sponsored by Dorsey & Whitney LLP
12:50 p.m.
Welcoming Remarks
1:00 - 2:15 p.m. (1.25 hrs.)
Fundamentals of Accounting and Finance for Distressed Companies
This session will cover basic accounting concepts of revenue and expense recognition and will discuss financial statement analysis, financial ratios, and the calculation and forecasting of firm free cash flow in the context of distressed companies.
Prof. James A. Nolen
University of Texas at Austin, McCombs School of Business; Austin, Texas
2:15 - 2:30 p.m.
Refreshment Break
2:30 - 3:45 p.m. (1.25 hrs.)
Fundamentals of Valuation and Methodologies
This session will take a look at different valuation techniques, including asset approaches, market approaches and income approaches. Concepts such as time value of money, discounted cash flows, determining the discount rate and cost of capital, and terminal value assumptions will be illustrated. Comparable companies and precedent transactions to establish the relative enterprise and equity value of firms will also be examined and discussed.
Prof. James A. Nolen
University of Texas at Austin, McCombs School of Business; Austin, Texas
3:45 - 4:00 p.m.
Refreshment Break
Track B: Technical Valuation Issues
12:50 p.m.
Welcoming Remarks
1:00 - 2:15 p.m. (1.25 hrs.)
Preparing Expert Valuation Reports
This session will discuss dealing with the factual issues of the case, interrelated opinions, supporting counsel, fraudulent conveyance, plan value/plan current valuations and more.
Steven T. Waterman, Moderator
Dorsey & Whitney LLP; Salt Lake City
Bruce B. Bingham
Berkeley Research Group, LLC; New York
Eric J. Held
Development Specialists, Inc.; Los Angeles
David M. Hillman
Schulte Roth & Zabel LLP; New York
2:15 - 2:30 p.m.
Refreshment Break
2:30 - 3:45 p.m. (1.25 hrs.)
Defending Your Expert Report in a Daubert Challenge
This session will present some hypothetical scenarios for how your report might be challenged — and strategies for your response.
Jack F. Williams, Moderator
Baker Tilly Virchow Krause, LLP; Atlanta
A. Katrine Jakola
Kirkland & Ellis LLP; Chicago
Ian Ratner
GlassRatner Advisory & Capital Group LLC; Atlanta
Faten Sabry
NERA Economic Consulting; New York
Deborah D. Williamson
Dykema Cox Smith; San Antonio, Tex.
3:45 - 4:00 p.m.
Refreshment Break
Track A and Track B
4:00 - 5:30 p.m. (1.50 hrs.)
Valuation Case Study
Michael Friedman, Moderator
Chapman and Cutler LLP; New York
Robert J. Frezza
Deloitte CRG; Verona, NJ
Prof. C. Randel Lewis
University of Denver, Daniels College of Business; Denver
Morrie Rutman
Richter Consulting, Inc.; Chicago
5:30 - 7:00 p.m.
Opening Networking Reception
Sponsored by AlixPartners LLP, Chapman & Cutler LLP and Vinson & Elkins LLP
Join us for drinks and hors d'oeuvres with faculty and participants.
Thursday Morning, March 2
8:00 - 8:45 a.m.
Registration and Networking Breakfast
8:45 - 9:00 a.m.
Welcoming Remarks
9:00 - 10:00 a.m. (1.00 hrs.)
Distressed Investment Strategies
A busy restructuring market over the past couple years has brought to light a variety of issues facing distressed investors and advisors today. Key concerns frustrating investors include assessing when to fund operational losses versus exit investments quickly, whose recovery gets impaired for the cost of the restructuring, and strategies to salvage (distressed) investments that head south. This panel will broadly discuss these and other topics of interest regarding distressed investments.
Randall S. Eisenberg, Moderator
AlixPartners LLP; New York
Marc Glogoff
Barclays; New York
Andrew Milgram
Marblegate Asset Management, LLC; Greenwich, Conn.
James Seery
River Birch Capital; New York
Douglas E. Spelfogel
Foley & Lardner LLP; New York
10:00 - 11:15 a.m. (1.25 hr.)
The Proper Role of an Examiner in Chapter 11 Cases
This panel will discuss the role of an examiner in addressing valuation issues.
Andrew N. Goldman, Moderator
WilmerHale LLP; New York
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Allen Pfeiffer
Duff & Phelps, LLC; New York
Jeffrey Rothleder
Arent Fox; Washington, DC
11:15 - 11:30 a.m.
Coffee Break
Sponsored by Development Specialists, Inc.
11:30 a.m. - 12:30 p.m. (1.00 hr.)
Determining Valuation and the Fulcrum Security Amidst Market Volatility: When the “In the Money” Mark Moves
This roundtable session will discuss the timing and methodology for deciding business enterprise valuations in the context of § 363 sales and chapter 11 plans, including the recent fights in commodity cases, alternative valuation approaches such as the American/US Airways post-emergence valuation methodology, valuation recommendations from the ABI Chapter 11 Reform Commission, the inequities suffered by stakeholders when valuations are marked “too quickly” in reorganization cases, and how this process will continue to benefit new-money investors and acquirers in the years to come.
Jack Butler, Moderator
Birch Lake Holdings; Chicago
Sharon L. Levine
Saul Ewing LLP; Newark, N.J.
Russell Mason
Houlihan Lokey; Dallas
James P. Seery, Jr.
River Birch Capital, LLC; New York
12:30 - 1:45 p.m.
Adjourn to Luncheon and Keynote Presentation
Thursday Afternoon, March 2
1:00 - 1:45 p.m. (.75 hr.)
Luncheon Keynote Presentation
Sponsored by KCC and The Michel-Shaked Group
Eye on Bankruptcy: Municipal Bankruptcies
This session will discuss what is happening in the bond market and opportunities, and will examine different stakeholder claims, such as pensions, unions and essential services.
Bill Rochelle, Moderator
American Bankruptcy Institute; New York
Cate Long
Puerto Rico Clearinghouse; New York
1:45 - 2:00 p.m.
Refreshment Break
2:00 - 3:00 p.m. (1.00 hr.)
Valuation Issues for the Clean Energy and Power Industry
Clean energy is rapidly evolving and becoming an accepted and integrated part of the power generation network, providing the majority of all newly installed capacity. Yet it remains in the early stages of development in many ways. How should investors in distressed and nondistressed scenarios consider valuing assets that are subject to macro tax and policy factors, as well as competitive dynamics within the space?
Aris Karcanias, Moderator
FTI Consulting, Inc.; London
Kenneth Epstein
MBIA Insurance Corp.; Purchase, NY
Hon. Marvin Isgur
U.S. Bankruptcy Court (S.D. Tex.); Houston
Chaim Lubin
Lincoln International; Chicago
Daniel P. Sinaiko
Akin Gump Strauss Hauer & Feld LLP; Los Angeles
3:00 - 3:15 p.m.
Refreshment Break
Sponsored by Schulte Roth & Zabel LLP
3:15 - 4:15 p.m. (1.00 hr.)
Valuation of Litigation Assets for Providing Financing and Other Purposes
This session highlights litigation trusts — and the pros and cons of assigning value or not. The panelists will discuss parties looking to provide funds on litigation decisions and how much to fund based on how much value is placed on recoveries, as well as tax issues in the valuation of initial assets.
Peter G. Wollmeringer, Moderator
Huron Consulting Group Inc.; New York
Justin Brass
Burford Capital LLC; New York
Schuyler G. Carroll
Perkins Coie LLP; New York
Joseph A. DiSalvatore
Grant Thornton LLP; New York
Erez Levy
Fortress Investment Group LLC; San Francisco, CA
4:15 - 5:15 p.m. (1.00 hr.)
Valuation of Assets and Restructuring in Emerging Markets
This session will discuss Brazil and Argentina; unsecured creditors, which are squeezed in the middle during recovery process; and the handicapping of going to court vs. staying out.
D. Jeffrey Harder, Moderator
Deloitte LLP; Vancouver, BC
C.J. Brown
PJT Partners; New York
Chris L. Dickerson
Paul Hastings LLP; Chicago
Timothy Graulich
Davis Polk & Wardwell LLP; New York
5:15 - 6:45 p.m.
Networking Reception
Sponsored by Akin Gump Strauss Hauer & Feld LLP, NERA Economic Consulting and Saul Ewing LLP
Join us for drinks and hors d'oeuvres with faculty and participants.
Friday Morning, March 3
8:00 - 8:30 a.m.
Networking Breakfast with the Judges
Sponsored by ABI’s Financial Advisors and Investment Banking Committee
8:30 - 9:30 a.m. (1.00 hr.)
Judicial Panel
Join us for a discussion on hot topics and recent developments in chapter 11, including the timing of valuation issues (featuring a discussion of the CSN Houston decision), valuation issues in energy cases, mediating valuation issues, structured dismissals and successor liability post-General Motors. New this year: Conference attendees will have the opportunity to pose questions to the panel. Attendees interested in submitting questions are asked to post questions by email not later than 24 hours prior to this session.
Jordi Guso, Moderator
Berger Singerman LLP; Miami
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Hon. Marvin Isgur
U.S. Bankruptcy Court (S.D. Tex.); Houston
9:30 - 9:45 a.m.
Coffee Break
Sponsored by CR3 Partners, LLC
9:45 - 10:45 a.m. (1.00 hr.)
Hot Topics in Valuation
The valuation of bankrupt and financially distressed firms is impacted by many factors, including court decisions, changing business models and macroeconomic factors. This panel will examine recent developments in these three areas and discuss how they will impact valuation engagements, particularly those performed in the context of litigation or contested matters in the future.
Israel Shaked, Moderator
The Michel-Shaked Group; Boston
Keith D. Lowey
Verdolino & Lowey, P.C.; Foxboro, Mass.
David M. Smith
Griffin Hamersky LLP; New York
Michael Vitti
Duff & Phelps, LLC; Morristown, N.J.
10:45 - 11:45 a.m. (1.00 hr.)
Ethical Issues Involving Disclosures and Retention
This session will cover protecting confidential client information, 2019 forms and filing issues, and ethical issues and fees for services, as well as discuss expert valuations and reports.
Kathryn A. Coleman, Moderator
Hughes Hubbard & Reed LLP; New York
Eric J. Fromme
Jeffer Mangels Butler & Mitchell LLP; Irvine, Calif.
William K. Harrington
Office of the U.S. Trustee, New York
11:45 a.m.
Adjourn
Conference Co-Chairs
Leah M. Eisenberg
Arent Fox LLP; New York
Christopher R. LeWand
FTI Consulting, Inc.; Denver
Advisory Board
Steven M. Abramowitz
Vinson & Elkins LLP; New York
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP; New York
Richard J. Bernard
Foley & Lardner LLP; New York
C.J. Brown
PJT Partners Inc.; New York
Jack Butler
Birch Lake Holdings; Chicago
R. Brian Calvert
Development Specialists, Inc.; Los Angeles
Steve Cimalore
Wilmington Trust; Wilmington, Del.
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Stephen B. Darr
Huron Consulting Group; Boston
Robert J. Dehney
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Joseph A. DiSalvatore
Grant Thornton LLP; New York
Adam Dunayer
Houlihan Lokey; Dallas
Randall S. Eisenberg
AlixPartners, LLP; New York
William Epstein
BRG Capstone; Los Angeles
Steven Fleming
PricewaterhouseCoopers LLP; Wyckoff, N.J.
Michael Friedman
Chapman and Cutler LLP; New York
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Samuel J. Gerdano
American Bankruptcy Institute; Alexandria, Va.
Jay M. Goffman
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Andrew N. Goldman
WilmerHale; New York
Marcia L. Goldstein
Weil, Gotshal & Manges LLP; New York
Michael H. Goldstein
Goodwin Procter LLP; New York
David M. Hillman
Schulte Roth & Zabel LLP; New York
Joanna Jefferson
The University of Texas School of Law; Austin
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
William S. Sugden
Alston & Bird LLP; Atlanta, Ga.
Robert Jordan
KCC; New York
Daniel B. Kamensky
Marble Ridge Capital LP; New York
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Sharon L. Levine
Saul Ewing LLP; Newark, N.J.
James M. Lukenda
Huron Business Advisory; New York
Deirdre McGuinness
Epiq Systems, Inc.; New York
Thomas A. Morrow
Association of Insolvency & Restructuring Advisors; Franklin, Mich.
Patrick J. Nash Jr.
Kirkland & Ellis LLP; Chicago
Prof. James A. Nolen
University of Texas at Austin, McCombs School of Business; Austin, Texas
Allen Pfeiffer
Duff & Phelps, LLC; Morristown, N.J.
David W. Prager
Goldin Associates, LLC; New York
Geoffrey T. Raicht
Haynes and Boone, LLP; New York
Ian Ratner
GlassRatner Advisory & Capital Group LLC; Atlanta
Michael P. Richman
Hunton & Williams LLP; New York
Faten Sabry
NERA Economic Consulting; New York
James P. Seery, Jr.
River Birch Capital, LLC; New York
Israel Shaked
The Michel-Shaked Group; Boston
Mark J. Shapiro
PointState Capital LP; New York
Harvey L. Tepner
New York
Patricia Baron Tomasco
Jackson Walker L.L.P.; Austin, Texas
Shai Y. Waisman
Prime Clerk; New York
Antony Walker
CR3 Partners; Dallas
Steven T. Waterman
Dorsey & Whitney LLP; Salt Lake City
Jack F. Williams
Baker Tilly Virchow Krause, LLP; Atlanta
Conference Information
Conference 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 and AIRA have arranged a special conference rate of $240 per night from March 1-3, 2017. Reservations must be made directly with the hotel prior to January 30, 2017, to take advantage of the special conference rate. In order to be eligible for the group rate, reservations may be made only 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 any rooms after the specially rated ABI/AIRA block is filled.
Travel
Air: Fly into McCarran International Airport (LAS).
Ground: Avis car rental discounts are available using Avis Worldwide discount number (J789009). Call (800) 331-1600, or book online at www.avis.com.
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 February 8, 2017. No refunds will be granted after February 8, but substitutions will be allowed. After February 8, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
14 hours of general CLE credit, including 1 hour of ethics, are pending in states calculating CLE on a 60-minute hour, and 15.5 hours of general CLE credit, including 1 hour 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 in the amount of 14 hours, of which 1 hour 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 1 hour of credit can be applied toward the ethics professionalism requirement. 16.5 hours of CPE* credit, including 1 hour of ethics, are also available. Turnaround Professionals: Certificates of attendance will be available for CPE credits.
*ABI, AIRA and the University of Texas offer 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 and AIRA are registered with the National Association of State Boards of Accountancy (NASBA) as sponsors 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 complaints and refunds, please contact the American Bankruptcy Institute at (703) 739-0800.
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, ABI may allow the individual to work at the 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. Financial assistance is available for this program; all applications for financial assistance must be submitted by January 13, 2017. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].
Major Sponsors
Event Sponsors
Akin Gump Strauss Hauer & Feld LLP
Morris, Nichols, Arsht & Tunnel LLP
Special Thanks
We extend our special thanks to Thomson Reuters for the printed educational materials and Wilmington Trust for the tote bags.
VALCON 2017 Registration Rates
Registration Rates Early
(postmarked by 12/16/16)Regular
(12/17/16-2/17/17)
Late
(after 2/17/17)
ABI/AIRA Member $695 $745 $795 Gov't./Aca./Nonprofit ABI/AIRA Member $345 $395 $445 New ABI/AIRA Member* $970 $1,020 $1,070 New Gov't./Aca./Nonprofit ABI/AIRA Member*
$440 $490 $540 *Includes a one-year ABI and AIRA membership for first-time members only — a $590 value! You must be an ABI or AIRA 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.
Participating Firms
Akin Gump Strauss Hauer & Feld LLP
AlixPartners LLP
Arent Fox LLP
Baker Tilly
Barclays Capital
BBP Partners, LLC
Berger Singerman, LLP
Birch Lake Holdings, LP
Boston Private Bank & Trust Company
BRG Capstone
BRG Valuation Services
Burford Capital
Chapman & Cutler LLP
Charles River Associates
Daniels College of Business, University of Denver
Davis Polk & Wardwell LLP
Deloitte Consulting
Deloitte CRG
Development Specialists, Inc.
Dorsey & Whitney LLP
Duff & Phelps, LLC
Foley & Lardner LLP
Fried, Frank, Harris, Shriver & Jacobson LLP
FTI Consulting, Inc.
Gabriel Partners, LLC
Gavin/Solmonese LLC
GlassRatner Advisory & Capital Group LLC
Grant Thornton LLP
Griffin Hamersky PC
Houlihan Lokey
Hughes Hubbard & Reed LLP
Huron Consulting Group
Jeffer Mangels Butler & Mitchell LLP
Law Offices of William B. Kingman, PC
Morris, Nichols, Arsht & Tunnell LLP
Morris, Polich & Purdy, LLP
New York University School of Law
Perkins Coie LLP
Puerto Rico Clearinghouse
Rich Michaelson Magaliff Moser, LLP
Richard Intner & Associates, LLC
Richard J. Davis, Attorney at Law
Richards, Layton & Finger, PA
River Birch Capital, LLC
Saul Ewing LLP
Schulte Roth & Zabel LLP
Shaw Fishman Glantz & Towbin LLC
Simmons Perrine Moyer Bergman PLC
Tennenbaum Capital Partners, LLC
The Michel-Shaked Group
The University of Texas at Austin, McCombs School of Business
U.S. Bankruptcy Court, District of Delaware
U.S. Bankruptcy Court, Southern District of New York
U.S. Bankruptcy Court, Southern District of Texas
U.S. Debt Recovery, LLC
U.S. Department of Justice
U.S. Trustee Program
USDR Investment Management
Verdolino & Lowey, PC
WilmerHale
Event Information 243517
Tuesday, March 21
8:00-9:00 a.m.
Breakfast and Registration
The Advisory Board welcomes you to a complimentary continental breakfast.
9:00-9:15 a.m.
Welcome by Conference Leadership
9:15-10:30 a.m.
“Shark Tank”
In a riff on the popular television show “Shark Tank,” bankruptcy practitioners will pitch a panel of judicial “sharks” for requested modifications to recent Supreme Court/circuit-level decisions and other topical bankruptcy issues, including (1) structured settlements and the absolute priority rule in the wake of In re Jevic Holding Corp. (cert. granted), (2) the Fair Debt Collections Practices Act controversy from Johnson v. Midland Funding (cert. granted), (3) the circuit split regarding § 546(e)’s safe harbor clause, (4) the recent Ninth Circuit ruling in Sunnyslope Housing and (5) why the Southern District of Texas got it right in large chapter 11 cases.
Judges:
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Hon. Mark D. Houle
U.S. Bankruptcy Court (C.D. Cal.); Riverside
Hon. Deborah J. Saltzman
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Hon. Scott H. Yun
U.S. Bankruptcy Court (C.D. Cal.); Riverside
Panelists:
Brian K. Osborne, Moderator
Rust Omni; Woodland Hills
Dawn M. Cica
Black & Lobello; Las Vegas
Robert J. Feinstein
Pachulski Stang Ziehl & Jones LLP; New York
Whitman L. Holt
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Frank A. Merola
Stroock & Stroock & Lavan LLP; Los Angeles
Richard L. Wynne
Jones Day; Los Angeles
10:30-10:45 a.m.
Coffee Break
Sponsored by Deloitte
10:45 a.m.-12:00 noon
Concurrent Sessions (2)
Appealing Positions: Everything You Need to Know about Appeals
This panel will explore the nuts and bolts of bankruptcy appeals, taking into account the needs of one’s clients, examining the do’s and don’ts for an effective appeal, discussing the differences of appealing to the Bankruptcy Appellate Panel versus electing to proceed before the district court, the limits of appellate jurisdiction over interlocutory appeals, and addressing strategies for a successful appeal.
Robyn B. Sokol, Moderator
Brutzkus Gubner Rozansky Seror Weber LLP; Woodland Hills
Hon. Meredith A. Jury
U.S. Bankruptcy Court (C.D. Cal.); Riverside
Hon. Beverly Reid O’Connell
U.S. District Court (C.D. Cal.); Los Angeles
David B. Shemano
Robins Kaplan LLP; Los Angeles
Pension, Retirement Issues in Bankruptcy
This panel will explore the myriad issues that arise in chapter 7 and 11 cases when the debtor is the sponsor of an employee retirement benefit plan, including 401(k) plans and pension plans.
Kyra Andrassy, Moderator
Smiley Wang-Ekvall, LLP; Costa Mesa
Harley L. Bjelland
The ERISA Law Firm; Orange
Jeffrey B. Ellman
Jones Day, Atlanta
Brad Smith
GlassRatner Advisory & Capital Group LLC; Los Angeles
12:00-1:15 p.m.
Luncheon Presentation
Sponsored by Loeb & Loeb LLP and Pachulski Stang Ziehl & Jones LLP
The End of Bankruptcy, Revisited
Prof. Robert K. Rasmussen
University of Southern California Gould School of Law; Los Angeles
1:30-2:45 p.m.
Concurrent Sessions (2)
Litigation Toward Settlement: Questions and Strategies in Bankruptcy Litigation
Often the hardest part about bankruptcy litigation is making the decision to take it on in the first place, considering the time, expense, available resources and anticipated benefit to the estate and its constituents. Many bankruptcy attorneys often divorce litigation from the business goals of the client, resulting in disproportionately high fees, disappointed clients and unpaid professionals. Too little time and effort is undertaken before and during the early stages of litigation to consider the foregoing and client objectives. Consequently, in most cases litigation must be viewed as a business decision. This panel will discuss these important issues and take the audience down the litigation and settlement road: (1) pre-filing the complaint; (2) early disclosures to opponents; (3) early motions; (4) discovery and discovery disputes; (5) pre-trial motions (e.g., motions for summary judgment); and finally (6) trial. The tactics and strategies often used during these steps to promote or advance settlements that best favor clients will also be addressed.
A. Kyle Everett, Moderator
Development Specialists, Inc.; San Francisco
Hon. Scott C. Clarkson
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
David B. Golubchik
Levene, Neale, Bender, Yoo & Brill, L.L.P.; Los Angeles
Joshua Teeple
Grobstein Teeple LLP; Irvine
A Penny for Your Thoughts: Insights into the Professional Retention and Compensation Process
This is a subject none of us can afford to ignore: the ins and outs of being retained and paid by the bankruptcy estate. Panelists will discuss recent issues and developments in the area of professional retention and compensation, including a look at the U.S. Trustee Guidelines in practice, recent conflict-of-interest decisions and thoughts on best practices.
Richard H. Golubow, Moderator
Winthrop Couchot PC; Newport Beach
Michael J. Bujold
Office of the U.S. Trustee; Washington, D.C.
Hon. Sandra Ruth Klein
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Prof. Nancy B. Rapoport
William S. Boyd School of Law, University of Nevada, Las Vegas; Las Vegas
Genevieve G. Weiner
Gibson, Dunn & Crutcher LLP; Los Angeles
2:45-3:00 p.m.
Refreshment Break
3:00-4:15 p.m.
Ethics: Who’s Your Daddy? Acing Your Fiduciary Duties
It isn’t enough to just be ethical; professionals employed at the bankruptcy estate’s expense have additional responsibilities as well. This panel will explore these additional responsibilities and duties, what they are, and to whom they are or are not owed.
Tiffany Ikeda, Moderator
Arnold & Porter Kaye Scholer LLP; Los Angeles
Hon. Margaret M. Mann
U.S. Bankruptcy Court (S.D. Cal.); San Diego
Bradley D. Sharp
Development Specialists, Inc.; Los Angeles
James Patrick Shea
Armstrong Teasdale LLP; Las Vegas
William P. Weintraub
Goodwin Procter LLP; New York
4:15-5:45 p.m.
Reception
Sponsored by Greenberg Glusker Fields Clamant & Matchtinger LLP
Conference Co-Chairs
Kimberly A. Posin
Latham & Watkins LLP; Los Angeles
Randye B. Soref
Polsinelli LLP; Los Angeles
Judicial Chair
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Advisory Board
Kyra E. Andrassy
Smiley Wang-Ekvall; Costa Mesa
Lorie A. Ball
Robins Kaplan LLP; Los Angeles
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Erin N. Brady
Jones Day; Los Angeles
Richard W. Brunette
Sheppard, Mullin, Richter & Hampton LLP; Los Angeles
Christopher Celentino
Ballard Spahr LLP; San Diego
Sara L. Chenetz
Perkins Coie LLP; Los Angeles
Shirley S. Cho
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Dawn M. Cica
Black & Lobello, Las Vegas
A. Kyle Everett
Development Specialists, Inc.; San Francisco
Paul R. Glassman
Stradling Yocca Carlson & Rauth, P.C.; Santa Monica
Richard H. Golubow
Winthrop Couchot PC; Newport Beach
David B. Golubchik
Levene, Neale, Bender, Yoo & Brill, L.L.P.; Los Angeles
Michael I. Gottfried
Landau Gottfried & Berger LLP; Los Angeles
David M. Guess
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Seth Goldman
Munger, Tolles & Olson LLP; Los Angeles
Tiffany Ikeda
Arnold & Porter LLP; Los Angeles
Lance N. Jurich
Loeb & Loeb LLP; Los Angeles
Mary Ann Kaptain
FTI Consulting, Inc.; Los Angeles
Thomas R. Kreller
Milbank, Tweed, Hadley & McCloy LLP; Los Angeles
Winston Mar
SierraConstellation Partners LLC; Los Angeles
Byron Z. Moldo
Ervin, Cohen & Jessup LLP; Beverly Hills
Aram Ordubegian
Arent Fox LLP; Los Angeles
Brian K. Osborne
Rust Omni; Woodland Hills
Mitchell Ryan
Donlin, Recano & Company, Inc.; Orange
Victor A. Sahn
SulmeyerKupetz, APC; Los Angeles
Timothy G. Skillman
Deloitte CRG; Los Angeles
Robyn B. Sokol
Brutzkus Gubner Rozansky Seror Weber LLP; Woodland Hills
Allen Soong
Armory Strategic Partners; Manhattan Beach
Christopher D. Sullivan
Diamond McCarthy LLP; San Francisco
Joshua Teeple
Grobstein Teeple LLP; Irvine
Suzzanne Uhland
O'Melveny & Myers LLP; San Francisco
Genevieve G. Weiner
Gibson, Dunn & Crutcher LLP; Los Angeles
Conference Information
Hotel
The conference will be held at the JW Marriott LA LIVE, 900 West Olympic Boulevard, Los Angeles, CA 90015. Reservations may be made by contacting the hotel directly at (213) 765-8600.
Continuing Education Credit
6.25 hours of CLE credit, including 2.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 7.5 hours of CLE credit, including 3 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 in the amount of 6.25 hours, of which 2.5 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 7.5 hours, of which 3 hours can be applied toward professional practice. 7.5 hours of CPE credit, including 3 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some 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 complaints and refunds, 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. 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 February 28, 2017. No refunds will be granted after February 28, but substitutions will be allowed. After February 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.
Breakfast Sponsor
2017 Bankruptcy Battleground West Advisory Board
Lunch Co-Sponsor
Loeb & Loeb LLP
Pachulski Stang Ziehl & Jones LLPGeneral Sponsors
Deloitte
Development Specialists, Inc.
FTI Consulting, Inc.
Greenberg Glusker Fields Claman & Machtinger LLP
Grobstein Teeple LLP
Loeb & Loeb LLP
Robins Kaplan LLP
Shumaker, Loop & Kendrick, LLP2017 Bankruptcy Battleground West Rates
Registration Rates Early
(postmarked by 1/23/17)Regular
(1/14/17 - 3/3/17)Late
(after 3/3/17)ABI Member $445 $495 $545 Gov’t./Aca./Nonprofit ABI Member
$225 $275 $325 New ABI Member* $720 $770 $820 Gov’t./Aca./Nonprofit New ABI Member*
$320 $370 $420 * Includes a one-year ABI membership for first-time members — a $295 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI member to attend the conference.
Event Information 244821
Monday, May 15
11:00 a.m. - 1:00 p.m.
Bag Drop & Registration, Deluxe Practice Facility, and Box Lunches on the Veranda
1:00 - 5:00 p.m.
Shotgun Start, two on course beverage stations and a roaming hospitality cart
5:00 - 6:30 p.m.
Cocktail Reception and Hors d'oeuvres on the Veranda
6:30 - 8:00 p.m.
Buffet Dinner and Silent Auction in the Hartefeld Room
Event Sponsors
Christopher A. Ward, Polsinelli
DLS Discovery, Jeremy Luzader
Gavin/Solmonese LLC, Amy & Ted Gavin
Peter Ladig, Morris James LLP
MacElree Harvey, Ltd., Sandra G. M. Selzer
Morris James LLP, Peter Ladig & Eric Monzo
McCarter & English, LLP, Bill TaylorReliable, Gene Matthews & Larry Taylor
Rust Omni, Brian Osbourne & Paul DeutchShook, Hardy & Bacon LLP, Ryan G. Foley
Paul H. Silverman, McLaughlin & Stern, LLP
Steven M. Yoder's Children Trust
Wilmington Trust, Bob Manolescu & Steve Cimalore
A. Jeffrey Zappone, Conway MacKenzieTo get the information about Sponsorship Opportunities please click here (PDF file) or contact Sharisa Sloan at [email protected]
Rates
For golfers $175 For non-golfers $100 For foursomes $600 For more information, contact Sharisa Sloan at [email protected]Event Information 245068
Thursday, May 18
7:30 a.m.
Registration Desk Open
8:00- 8:30 a.m.
Continental Breakfast
8:30-8:45 a.m.
Conference Chairs’ Welcome
8:45-9:45 a.m.
Plenary Session
Judges’ Roundtable: Selected Current Topics
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. Carla E. Craig
U.S. Bankruptcy Court (E.D.N.Y.)
Hon. James A. Garrity
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. Cecelia Morris
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. Brendan L. Shannon
U.S. Bankruptcy Court (D. Del.)
Hon. Michael A. Wiles
U.S. Bankruptcy Court (S.D.N.Y.)
9:45-10:00 a.m.
Refreshment Break
Sponsored by EisnerAmper LLP
10:00-11:15 a.m.
Concurrent Sessions (6)
Puerto Rico
This session will feature an update on the current state of the distress in Puerto Rico, including PROMESA and related litigation, and other developments.
Esben Christensen, Moderator
AlixPartners LLP
Dennis F. Dunne
Milbank, Tweed, Hadley & McCloy LLP
Susheel Kirpalani
Quinn Emanuel Urquhart & Sullivan, LLP
Hon. Arthur J. Gonzalez (ret.)
New York University School of Law
Deconstructing EFH
The panelists will discuss the various issues that have been raised in the Energy Future Holdings bankruptcy, including make-wholes, the unimpairment opinion, the pre-plan settlement appeal, and interaction with state regulators and the bankruptcy court.
Andrew V. Tenzer, Moderator
Paul Hastings LLP
Marc J. Heimowitz
Coda Advisory Group
Brian S. Hermann
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Barbra R. Parlin
Holland & Knight LLP
Hon. Michael A. Wiles
U.S. Bankruptcy Court (S.D.N.Y.)
Health Care and Education
The panelists will delve into the various issues looming over the health care and education industries, including (1) the potential changes in policy under the Trump administration, (2) overleveraged institutions and (3) the differing issues facing the for-profit and nonprofit sectors.
Jeffrey S. Sabin, Moderator
Venable LLP
Maria DiConza
Greenberg Traurig, LLP
Frank A. Oswald
Togut, Segal & Segal LLP
Kasey Rosado
Ankura Consulting
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.)
William J. Nolan
FTI Consulting, Inc.
Practical Issues in Corporate Governance Before, During and Upon Emergence from Chapter 11
This panel will cover a number of issues in the corporate sphere, including (1) issues that arise when negotiating or litigating with a challenging board of directors, especially those containing directors who were appointed by a controlling shareholder; (2) how to make sure that management plays the role of neutral stakeholder throughout the plan and/or § 363 process (i.e., compensation, assumption of employment contracts, assumption or rejection of benefit plans, treatment of special supplier and customer relationships, fringe benefits and filing of proofs of claim, among others); and (3) things of which new shareholders need to be mindful (e.g., board composition, independence and observer rights, management, MIP, KEIPs/KERPs, CoC/severance, antitrust issues, public vs. private emergence and structuring the exit (e.g., how much debt?)).
Kristopher M. Hansen, Moderator
Stroock & Stroock & Lavan LLP
Paul M. Basta
Kirkland & Ellis LLP
Michael Genereux
PJT Partners Inc.
Hon. James A. Garrity
U.S. Bankruptcy Court (S.D.N.Y.)
LLC Bankruptcies
This panel will focus on issues that can arise during an LLC bankruptcy, such as what happens when parties contract out of fiduciary duties and the effect that bankruptcy has on key provisions in an LLC operating agreement, including management and ownership rights and remedies, as well as what happens when a bankruptcy proceeding is initiated against the LLC or one or more of its members. The panel will also discuss Intervention Energy and Lake Michigan, in which the bankruptcy courts refused to enforce LLC agreement provisions requiring the respective LLCs to obtain the unanimous consent of their members in order to seek bankruptcy relief.
Alec P. Ostrow, Moderator
Becker, Glynn, Muffly, Chasin & Hosinski LLP
Ira L. Herman
Blank Rome LLP
Michelle M. McGreal
Davis Polk & Wardwell LLP
Hon. Robert E. Grossman
U.S. Bankruptcy Court (E.D.N.Y.)
Cross-Border Panel
This panel will discuss the domestic reach of the foreign stay (Sanjel) and recognition of judgments/rulings in cross-border cases, including offshore bankruptcies, as well as non-U.S. companies filing for chapter 11 and the consequences thereof (Ocean Fisheries, Hanjin and Abengoa)
Lisa M. Schweitzer, Moderator
Cleary Gottlieb Steen & Hamilton LLP
David Hilty
Houlihan Lokey
Daniel A. Lowenthal
Patterson Belknap Webb & Tyler LLP
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.)
11:15-11:30 a.m..
Refreshment Break
11:30 a.m.-12:45 p.m.
Repeat Concurrent Sessions (6)
Puerto Rico
Esben Christensen, Moderator
AlixPartners LLP
Richard Cooper
Cleary, Gottlieb, Steen & Hamilton LLP
Richard G. Mason
Wachtell, Lipton, Rosen & Katz
Hon. Arthur J. Gonzalez (ret.)
New York University School of Law
Deconstructing EFH
Andrew V. Tenzer, Moderator
Paul Hastings LLP
Rachel Jaffe Mauceri
Morgan, Lewis & Bockius LLP
David W. Prager
Goldin Associates, LLC
Roger G. Schwartz
Latham & Watkins LLP
Hon. Michael A. Wiles
U.S. Bankruptcy Court (S.D.N.Y.)
Health Care and Education
Jeffrey S. Sabin, Moderator
Venable LLP
Corey Boles
Elliott Management Corp.
Sandeep Qusba
Simpson Thacher & Bartlett LLP
Kasey Rosado
Ankura Consulting
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.)
William J. Nolan
FTI Consulting, Inc.
Practical Issues in Corporate Governance Before, During and Upon Emergence from Chapter 11
Kristopher M. Hansen, Moderator
Stroock & Stroock & Lavan LLP
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP
Kenneth S. Ziman
Lazard
Hon. Brendan L. Shannon
U.S. Bankruptcy Court (D. Del.)
LLC Bankruptcies
Alec P. Ostrow, Moderator
Becker, Glynn, Muffly, Chasin & Hosinski LLP
Arthur J. Steinberg
King & Spalding
Natasha Labovitz
Debevoise & Plimpton LLP
Hon. Robert E. Grossman
U.S. Bankruptcy Court (E.D.N.Y.)
Cross-Border Panel
Lisa M. Schweitzer, Moderator
Cleary Gottlieb Steen & Hamilton LLP
Evan C. Hollander
Orrick
Keith R. Murphy
BakerHostetler
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.)
12:45-2:15 p.m.
Buffet Lunch
Sponsored by Grant Thornton LLP
2:15-2:45 p.m.
Plenary Session
Averting the Next Financial Crisis: Recapitalizing the Failing SIFI
This luncheon presentation will discuss changes in systemically important financial institutions (SIFIs) since the fall of Lehman Brothers and passage of the Dodd-Frank Act, the Orderly Liquidation Authority, living wills under the Bankruptcy Code, coordination among global regulators, mandated amendments to financial contracts, proposed amendments to the Bankruptcy Code (chapter 14) and the impact of the U.S. election.
Donald Scott Bernstein
Davis Polk & Wardwell LLP
2:45-4:00 p.m.
Concurrent Sessions (6)
Bankruptcy Litigation
This panel will present a fraudulent transfer update and discussion regarding the split over § 546(e) safe harbors (Physiotherapy, Tribune, Madoff, Meritt Management), 10-year reach-back periods (Kipnis), the reinstatement of unsecured creditors’ intentional fraudulent conveyance claims and the ruling that the intent of the CEO can be imputed to the company (Lyondell), the finding that substantive consolidation does not augment the trustee’s § 544(b) avoiding powers by allowing the trustee to rely on predicate creditors from another estate (Petters), and the ruling that access to a credit line rebuts unreasonably small capital claims (SemCrude). The session will also feature an update on the Trust Indenture Act, including discussion of the recent Second Circuit decision in Chesapeake Energy and its implications regarding the finality of bankruptcy court orders, and an update on the litigation of feasibility issues (Paragon).
Philip Bentley, Moderator
Kramer Levin Naftalis & Frankel LLP
David M. Hillman
Schulte Roth & Zabel LLP
Marc D. Puntus
Centerview Partners Holdings LP
Dr. Faten Sabry
NERA Economic Consulting
Hon. Carla E. Craig
U.S. Bankruptcy Court (E.D.N.Y.)
Liquidating In and Out of Chapter 11
This session will discuss (1) selecting a trust, LLC, plan administrator or other vehicle; (2) ensuring that affirmative claims are preserved post-confirmation; (c) establishing a value/tax basis in litigation claims and other assets transferred to a trust or LLC; (d) key plan provisions such as preserving 2004 discovery rights, creditor oversight, continuing court oversight, required reporting and the retention/transfer of the attorney/client privilege; (e) the trading of interests; (f) provisions for closing the case; and (g) structured dismissals following asset sales as an alternative to a liquidating plan (Jevic). Is it preferable to liquidate outside of chapter 11?
Kathryn A. Coleman, Moderator
Hughes Hubbard & Reed LLP
William A. (Bill) Brandt, Jr.
Development Specialists, Inc.
Dion W. Hayes
McGuireWoods LLP
Jeff Pomerantz
Pachulski Stang Ziehl & Jones LLP
Hon. Louis A. Scarcella
U.S. Bankruptcy Court (E.D.N.Y.)
Equitable Mootness
This session will focus on the current state of the doctrine and recent criticisms, especially from the Third Circuit (Philadelphia Newspapers, SemCrude, One2One Communications), and its applications (City of Detroit (invoking the doctrine to reject the attempted restoration of pension benefits in the city’s bankruptcy)).
Michael Luskin, Moderator
Luskin, Stern & Eisler LLP
Sharon L. Levine
Saul Ewing LLP
Hon. Mary Kay Vyskocil
U.S. Bankruptcy Court (S.D.N.Y.)
Greg W. Fox
Goodwin Procter LLP
Current Issues in the Energy Sector
This panel will discuss current trends in energy, from gas production to the coal market to alternative forms. What will the industry look like 10 years from now? Do we need coal? Updates of current markets, as well as recent bankruptcy cases and issues, will be addressed, including the rejection of gathering agreements and the upward trend in requests for equity committees in commodity cases (Breitburn, Penn Virginia, Energy XXI, Horsehead, SandRidge, C&J, Peabody).
John D. Penn, Moderator
Perkins Coie LLP
Mark Chesen
SSG Capital Advisors, LLC
Hon. Kevin Carey
U.S. Bankruptcy Court, District of Delaware
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.)
Hank Flores
Haynes and Boone LLP
What’s Wrong with Chapter 11?
This panel will visit controlling the time and expense of bankruptcy litigation; how bankruptcy’s Code, Rules and process affect the relationship between the parties’ incentives and duties to their constituencies; the continuing viability of unsecured creditors’ committees; claims trading and the increased role of hedge funds in chapter 11 cases; and other topics covered in the Final Report of the ABI Commission to Study the Reform of Chapter 11.
Brett H. Miller, Moderator
Morrison & Foerster LLP
Matt Feldman
Willkie Farr & Gallagher LLP
Daniel B. Kamensky
Marble Ridge Capital
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.)
Ethics Panel
What are bankruptcy crimes, what are the duties of the various parties in a case to investigate and report them, and what are the protections for those who do? The panelists will discuss actual-intent fraudulent transfers and the crime/fraud exception; recent cases suggest that a “fraud” that may trigger the crime/fraud exception to attorney/client privilege and that the work-product doctrine may not be limited to crimes and serious frauds, but rather may include transactions exhibiting only some “badges of fraud,” such as fraudulent transfers (Fragin, Husky International).
Deirdre A. McGuinness, Moderator
Epiq Systems, Inc.
Edward S. Weisfelner
Brown Rudnick LLP
Jonathan L. Flaxer
Golenbock Eiseman Assor Bell & Peskoe LLP
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.)
4:00-4:30 p.m.
Refreshment Break
4:30-5:45 p.m.
Repeat Concurrent Sessions (6)
Bankruptcy Litigation
Philip Bentley, Moderator
Kramer Levin Naftalis & Frankel LLP
Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C.
Mark P. Kronfeld
Tennenbaum Capital Partners, LLC
Hon. Carla E. Craig
U.S. Bankruptcy Court (E.D.N.Y.)
Liquidating In and Out of Chapter 11
Kathryn A. Coleman, Moderator
Hughes Hubbard & Reed LLP
David I. Pauker
Jeff Pomerantz
Pachulski Stang Ziehl & Jones LLP
Hon. Louis A. Scarcella
U.S. Bankruptcy Court (E.D.N.Y.)
Equitable Mootness
Michael Luskin, Moderator
Luskin, Stern & Eisler LLP
Martin J. Bienenstock
Proskauer
Jennifer L. Rodburg
Fried, Frank, Harris, Shriver & Jacobson LLP
Hon. Mary Kay Vyskocil
U.S. Bankruptcy Court (S.D.N.Y.)
Current Issues in the Energy Sector
John D. Penn, Moderator
Perkins Coie LLP
Ray C. Schrock
Weil, Gotshal & Manges LLP
David V. Rush
FTI Consulting, Inc.
Hon. Kevin Carey
U.S. Bankruptcy Court, District of Delaware
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.)
What’s Wrong with Chapter 11?
Brett H. Miller, Moderator
Morrison & Foerster LLP
Peter Goodman
Baker McKenzie LLP
William H. Henrich
Getzler Henrich & Associates LLC
Richard B. Levin
Jenner & Block LLP
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.)
Ethics Panel
Deirdre A. McGuinness, Moderator
Epiq Systems, Inc.
Marc E. Hirschfield
Royer Cooper Cohen Braunfeld LLC
Michael P. Richman
Hunton & Williams LLP
Hon. Alan S. Trust
U.S. Bankruptcy Court (E.D.N.Y.)
5:45 p.m.
Adjourn
5:45-7:15 p.m.
Networking Reception (open to all attendees!)
Sponsored by NERA Economic Consulting
Conference Chairs
Hon. Shelley C. Chapman, Judicial Chair
U.S. Bankruptcy Court (S.D.N.Y.)
Timothy Graulich, Co-Chair
Davis Polk & Wardwell LLP
Sean A. Gumbs, Co-Chair
FTI Consulting, Inc.
Conference Advisory Board
Elizabeth Abrams
Millstein & Co., L.P.
Paul M. Basta
Kirkland & Ellis LLP
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP
Philip Bentley
Kramer Levin Naftalis & Frankel LLP
Martin J. Bienenstock
Proskauer
Ronen A. Bojmel
Guggenheim Securities, LLC
William A. Brandt, Jr.
Development Specialists, Inc.
Mark A. Broude
Latham & Watkins LLP
Kathryn A. Coleman
Hughes Hubbard & Reed LLP
Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C.
Debra A. Dandeneau
Baker & McKenzie LLP
George A. Davis
O'Melveny & Myers LLP
Dennis F. Dunne
Milbank, Tweed, Hadley & McCloy LLP
Daniel J. Ehrmann
King Street Capital Managementt, L.P
Jonathan L. Flaxer
Golenbock Eiseman Assor Bell & Peskoe LLP
Henry Flores
Haynes and Boone LLP
Michael Genereux
PJT Partners Inc.
Jonathan E. Goldin
Goldin Associates, LLC
Kristopher M. Hansen
Stroock & Stroock & Lavan LLP
Dion W.Hayes
McGuireWoods LLP
Marc J. Heimowitz
Coda Advisory Group
William H. Henrich
Getzler Henrich & Associates LLC
Ira L. Herman
Blank Rome LLP
David M. Hillman
Schulte Roth & Zabel LLP
David Hilty
Houlihan Lokey
Marc E. Hirschfield
Royer Cooper Cohen Braunfeld LLC
Evan C. Hollander
Orrick, Herrington & Sutcliffe LLP
Zul Jamal
Moelis & Company
Daniel B. Kamensky
Marble Ridge Capital LP
Robin E. Keller
Hogan Lovells US LLP
Susheel Kirpalani
Quinn Emanuel Urquhart & Sullivan, LLP
Alex Klipper
Bank of America
Alan W. Kornberg
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Mark P. Kronfeld
Tennenbaum Capital Partners, LLC
Kenneth M. Krys
KRyS Global
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP
Ivan Lehon
EY
Richard B. Levin
Jenner & Block LLP
Sharon Levine
Saul Ewing LLP
Daniel A. Lowenthal
Patterson Belknap Webb & Tyler LLP
Michael Luskin
Luskin, Stern & Eisler LLP
Richard G. Mason
Wachtell, Lipton, Rosen & Katz
Deirdre Martini McGuinness
Epiq Systems, Inc.
Vivek Melwani
Centerbridge Partners, L.P.
Brett H. Miller
Morrison & Foerster LLP
Nancy A. Mitchell
Greenberg Traurig, LLP
Alec P. Ostrow
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Barbra R. Parlin
Holland & Knight LLP
David I. Pauker
John D. Penn
Perkins Coie LLP
Irving H. Picard
BakerHostetler
David M. Posner
Kilpatrick Townsend & Stockton LLP
Madlyn G. Primoff
Arnold & Porter Kaye Scholer LLP
Marc D. Puntus
Centerview Partners LLC
Sandeep Qusba
Simpson Thacher & Bartlett LLP
Steven J. Reisman
Curtis, Mallet-Prevost, Colt & Mosle LLP
Michael P. Richman
Hunton & Williams LLP
Deborah C. Rieger-Paganis
AlixPartners, LLP
Jeffrey S. Sabin
Venable LLP
Cherie Schaible
Ankura Consulting
Brad E. Scheler
Fried, Frank, Harris, Shriver & Jacobson LLP
Ray C. Schrock
Weil, Gotshal & Manges LLP
Lisa M. Schweitzer
Cleary Gottlieb Steen & Hamilton LLP
Glenn E. Siegel
Morgan, Lewis & Bockius LLP
Arthur J. Steinberg
King & Spalding
Rachel C. Strickland
Willkie Farr & Gallagher LLP
Leon Szlezinger
Jefferies LLC
Andrew V. Tenzer
Paul Hastings LLP
My Chi To
Debevoise & Plimpton LLP
Albert J. Togut
Togut, Segal & Segal LLP
Brian Trust
Mayer Brown LLP
J. Scott Victor
SSG Capital Advisors, LLC
William P. Weintraub
Goodwin Procter LLP
Edward S. Weisfelner
Brown Rudnick LLP
John W. Weiss
Alston & Bird LLP
Kenneth S. Ziman
Lazard
Paul H. Zumbro
Cravath, Swaine & Moore LLP
Conference Information
Hotel Accommodations
Located in Midtown Manhattan within blocks of Central Park, Times Square, the Theatre District, Fifth Avenue shopping, MOMA and so much more, the New York Hilton Midtown is the perfect host hotel for this program. ABI has negotiated a special conference rate of $429 single/double per night from May 16-17, 2017, at the New York Hilton Midtown (reservations must be made by April 17, 2017, to secure this special rate). Please call (212) 586-7000 to make your reservations. Reservations may be made only once you have registered with ABI. Be sure to identify yourself with the conference to obtain the special conference rate. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Conference Attire
Professional business attire is requested throughout the conference.
Continuing Education Credit
6.5 hours of CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 7.5 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. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 7.5 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 6.5 hours, of which 1.25 hours will apply to ethics. 7.5 hours of CPE credit, including 1.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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 course for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org. For more information regarding administrative policies such as complaints and refunds, 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. For information on tuition assistance, e-mail [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 27, 2017. No refunds will be granted after April 27, although substitutions will be allowed. After April 27, 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.
New York City Bankruptcy Conference Sponsors
Akin Gump Strauss Hauer & Feld LLP
AlixPartners LLP
Alston & Bird LLP
Ankura Consulting
Arnold & Porter Kaye Scholer LLP
BakerHostetler
Baker Tilly, LLP
Baker & McKenzie LLP
Bank of America
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Blank Rome LLP
Brown Rudnick LLP
Centerbridge Partners, L.P.
Centerview Partners LLC
Cleary Gottlieb Steen & Hamilton LLP
Coda Advisory Group
Cravath, Swaine & Moore LLP
Curtis, Mallet-Prevost, Colt & Mosle LLP
Davis Polk & Wardwell LLP
Debevoise & Plimpton LLP
Development Specialists, Inc.
Donlin, Recano & Company, Inc.
EisnerAmper LLP
Epiq Systems, Inc.
EY
Fried, Frank, Harris, Shriver & Jacobson LLP
FTI Consulting, Inc.
Gavin/Solmonese LLC
Getzler Henrich & Associates LLC
Goldin Associates, LLC
Golenbock Eiseman Assor Bell & Peskoe LLP
Goodwin Procter LLP
Grant Thornton LLP
Greenberg Traurig, LLP
Guggenheim Securities, LLC
Haynes and Boone, LLP
Hogan Lovells US LLP
Holland & Knight LLP
Houlihan Lokey
Hughes Hubbard & Reed LLP
Hunton & Williams LLP
Jefferies LLC
Jenner & Block LLP
Kilpatrick Townsend & Stockton LLP
King & SpaldingKing Street Capital Management, LP
Kirkland & Ellis LLP
Kramer Levin Naftalis & Frankel LLP
KRyS Global
Latham & Watkins LLP
Lazard
Loeb & Loeb LLP
Luskin, Stern & Eisler LLP
Marble Ridge Capital LLC
Mayer Brown LLP
McGuireWoods LLP
Milbank, Tweed, Hadley & McCloy LLP
Millstein & Co., L.P.
Moelis & Company
Morgan, Lewis & Bockius LLP
Morrison & Foerster LLP
NERA Economic Consulting
O’Melveny & Myers LLP
Orrick, Herrington & Sutcliffe LLP
Otterbourg PC
Pachulski Stang Ziehl & Jones LLP
Patterson Belknap Webb & Tyler LLP
Paul Hastings LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Perkins Coie, LLP
PJT Partners Inc.
Polsinelli
Proskauer
Quinn Emanuel Urquhart & Sullivan, LLP
Royer Cooper Cohen Braunfeld LLC
Saul Ewing LLP
Schulte Roth & Zabel LLP
Sherwood Partners, Inc.
Simpson Thacher & Bartlett LLP
Skadden, Arps, Slate, Meagher & Flom LLP
SSG Capital Advisors, LLC
Stroock & Stroock & Lavan LLP
Tennenbaum Capital Partners
Togut, Segal & Segal, LLP
Venable LLP
Wachtell, Lipton, Rosen & Katz
Weil, Gotshal & Manges LLP
Willkie Farr & Gallagher LLP
Wilmington TrustConference Rates
Registration Rates Early
(postmarked by 3/3/17)Regular
(3/4/17-4/28/17)Late
(after 4/28/17)ABI Member $575 $675 $775 Join ABI and Save!* $870 $970 $1,070 Non-Member (NEW this year; ABI membership not required) $1,070 $1,170 $1,270 Gov’t./Aca./Nonprofit ABI Member
$350 $375 $425 Gov’t./Aca./Nonprofit New ABI Member*
$445 $470 $520 Registration rates include continental breakfast, luncheon presentation, all refreshment breaks and the written materials.
* Includes a one-year membership for first-time members only — a $325 value! Membership is individual and nonrefundable. 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.
Exhibitor Rates
ABI Member Exhibitor**:$1,600ABI Member Secondary Exhibitor:$500New ABI Member Exhibitor***:$1,895New ABI Member Secondary Exhibitor***:$750** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’ table, full registration for one booth representative AND a one-year membership for first-time members only — a $325 value! Membership is individual and nonrefundable. 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.
Event Information 245540
Thursday, June 8
9:00 a.m.-5:00 p.m.
American Board of Certification Exams
3:00-6:00 p.m.
Optional Event: Young & New Members Pub Outing
4:30 - 6:00 p.m.
IWIRC Cocktail Reception at the ABI Central States Workshop
Please register here for this reception
6:00-8:00 p.m.
Opening Reception
Sponsored by Godfrey & Kahn SC
Bar Sponsored by Barron Business Consulting Inc. and Lindquist & Vennum LLP
8:00-9:00 p.m.
S'mores at the Shore
Sponsored by Jenner & Block LLP
Friday, June 9
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.
Ethics: Fraudulent Transfers, Pre-Bankruptcy Planning Workshop
Matthew T. Gensburg - Moderator
Dale & Gensburg, P.C.; Chicago
Joel Applebaum
Clark Hill PLC; Birmingham, Mich.
Robert M. Fishman
Shaw Fishman Glantz & Towbin LLC; Chicago
Paula Jacobi
Barnes & Thornburg LLP; Chicago
9:00-10:30 a.m.
Concurrent Sessions (7)
Farm/Agribusiness
Mark A. Bogdanowicz, Moderator
Howard & Howard Attorneys, PLLC; Peoria, Ill.
Susan M. Cook
Warner Norcross & Judd LLP; Midland, Mich.
Joseph A. Peiffer
Peiffer Law Office, P.C.; Cedar Rapids, Iowa
Paul G. Swanson
Steinhilber Swanson, LLP; Oshkosh, Wis.
When Cases Collide
Robert N. Bassel, Moderator
Troy, Mich.
Rozanne Giunta
Warner Norcross & Judd LLP; Midland, Mich.
Cynthia A. Moyer
Fredrikson & Byron P.A.; Minneapolis
David K. Welch
Crane, Heyman, Simon, Welch & Clar; Chicago
Article 9: UCC Security Interests in Proceeds of Collateral
Hon. Catherine J. Furay, Moderator
U.S. Bankruptcy Court (W.D. Wis.); Madison
Deanne M. Koll
Bakke Norman, S.C.; Menomonie, WI
Kay Standridge Kress
Pepper Hamilton LLP; Southfield, Mich.
Shelly A. DeRousse
Freeborn & Peters LLP; Chicago, Ill.
Caesars Entertainment Operating Co.
Elizabeth B. Vandesteeg, Moderator
Sugar Felsenthal Grais & Hammer LLP; Chicago
Kristin K. Going
Drinker Biddle & Reath LLP; Washington, D.C.
Joe Graham
Kirkland & Ellis LLP; Chicago
Paul V. Possinger
Proskauer; Chicago
Laureen Ryan
Alvarez & Marsal; New York
363 Sales
Evelyn Meltzer, Moderator
Pepper Hamilton LLP; Wilmington, Del.
Frank W. DiCastri
Husch Blackwell LLP; Milwaukee
David M. Neff
Perkins Coie LLP; Chicago
Norman Neville Reid
Fox, Swibel, Levin & Carroll, LLP; Chicago
George H. Singer
Lindquist & Vennum LLP; Minneapolis
Consumer Track
Chapter 13 Potpourri
Hon. Eugene R. Wedoff (ret.), Moderator
Oak Park, Ill.
Margaret Schmidt
Krekeler Strother, S.C.; Madison, Wisc.
Thomas D. DeCarlo
Chapter 13 Trustee Office; Southfield, MI
Debra L. Miller
Standing Chapter 13 Trustee; South Bend, Ind.
Trusts and Other Interests
Hon. Mary Ann Whipple, Moderator
U.S. Bankruptcy Court (N.D. Ohio); Toledo
A. Todd Almassian
Keller & Almassian, PLC; Grand Rapids, Mich.
Nancy B. Johnson
Brennan Steil S.C.; Janesville, Wis.
Leon N. Mayer
Schafer & Weiner, PLLC; Bloomfield Hills, Mich.
10:30-10:45 a.m.
Refreshment Break
Sponsored by Wolfson Bolton PLLC
10:45 a.m.-12:00 p.m.
Concurrent Sessions (6)
Energy Case Studies
Marc J. Brown, Moderator
AlixPartners LLP; Chicago
Paul R. Hage
Jaffe Raitt Heuer & Weiss; Southfield, MI
Andrew O'Neill
Sidley Austin LLP; Chicago, Ill.
Thomas M. Wearsch
Jones Day; Cleveland, Ohio
Health Care Insolvency
Daniel F. Dooley, Moderator
MorrisAnderson; Chicago
Scott Davis
Grant Thornton LLP; Charlotte, NC
Daniel A. DeMarco
Hahn Loeser & Parks LLP; Cleveland, OH
Thomas D. Anthony
Frost Brown Todd; Cincinnati, Oh.
Wendy D. Brewer
JensenBrewer, LLC; Fishers, Ind.
Chapter 11 Exit Strategies
James D. Sweet, Moderator
Sweet DeMarb LLC; Madison, Wis.
Allison R. Bach
Dickinson Wright PLLC; Detroit
Terry E. Hall
Faegre Baker Daniels; Indianapolis
Melissa S. Kibler
Mackinac Partners LLC; Chicago
Nuts & Bolts Survey of Avoidance Issues in Bankruptcy
Hon. Gregory F. Kishel (ret.), Moderator
Saint Paul, Minn.
Patrick C. Lannen
Plunkett Cooney, P.C.; Bloomfield Hills, Mich.
Elliot Crowder
Stevenson & Bullock, PLC; Southfield, Mich.
Consumer Track
Chapter 7 Issues and Hot Topics
Hon. James. W. Boyd, Moderator
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Anthony J. Kochis
Wolfson Bolton PLLC; Troy, Mich.
Wallace H. Tuttle
Wallace H. Tuttle & Associates, PC; Traverse City, Mich.
Samuel C. Wisotzkey
Kohner, Mann & Kailas, S.C.; Milwaukee
Student Loans
Hon. Donald R. Cassling, Moderator
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Walter A. Metzen
Law Office of Walter Metzen & Associates; Detroit
Brittany Ogden
Quarles & Brady LLP; Milwaukee
Saskia Bryan
Latimer LeVay Fyock LLC; Chicago, IL
Kurt A. O'Keefe
Kurt A. O'Keefe Law; Grosse Point, MI
12:00-2:00 p.m.
Optional Event: Family Picnic
Sponsored by Shaw Fishman Glantz & Towbin LLC
Entertainment Sponsored by Howard & Howard Attorneys, PLLC
1:00 p.m.
Optional Event: Golf Tournament
Beverage Cart Sponsored by Faegre Baker Daniels
Golf Holes Sponsored by Schafer and Weiner, PLLC and Steinberg Shapiro & Clark1:00-5:00 p.m.
Optional Event: Wine Tour
Sponsored by Gold, Lange & Majoros, PC
2:30-5:00 p.m.
Optional Event: Holiday Hills Ziplining
5:30-10:00 p.m.
Optional Event: Kids’ Night Out
7:00-9:00 p.m.
Dinner & Dancing to ABI's own Indubitable Equivalents
Sponsored by Jaffe Rait Heuer & Weiss
Saturday, June 10
7:30-9:30 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.
Unshackled: Musings of Retired Bankruptcy Judges
In retirement, the shackles of judgeships are removed. This panel of retired bankruptcy judges can and will speak freely of their experiences both on and off the bench during their respective tenures, along with their unique analyses and perspectives on current bankruptcy practice.
Brian L. Shaw, Moderator
Shaw Fishman Glantz & Towbin LLC; Chicago
Hon. James D. Gregg (ret.)
Hon. Robert D. Martin (ret.)
Middleton, Wisc.
Hon. Steven W. Rhodes (ret.)
Ann Arbor, Mich.
Hon. Walter J. Shapero (ret.)
Detroit
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
9:30-10:45 a.m.
Repeat Concurrent Sessions (6)
Business Track
Energy Case Studies
Health Care Insolvency
Chapter 11 Exit Strategies
Nuts & Bolts Survey of Avoidance Issues in Bankruptcy
Consumer Track
Chapter 7 Issues and Hot Topics
Student Loans
10:45-11:00 a.m.
Refreshment Break
11:00 a.m.-12:15 p.m.
Repeat Concurrent Sessions (7)
Business Track
Farm/Agribusiness
When Cases Collide
Article 9: UCC Security Interests in Proceeds of Collateral
Caesars Entertainment Operating Co.
363 Sales
Consumer Track
Chapter 13 Potpourri
Trusts and Other Interests
12:30-2:00 p.m.
Lunch Session
Supreme Court Round-Up
Oyez, oyez, oyez, all attendees are admonished to draw near and give their undivided attention to this panel as it delivers the most recent and updated analyses on this term’s U.S. Supreme Court decisions.
Catherine L. Steege, Moderator
Jenner & Block LLP; Chicago
Kayla Britton
Faegre Baker Daniels; Indianapolis
Conor B. Dugan
Warner Norcross & Judd LLP; Grand Rapids, Mich.
Timothy F. Nixon
Godfrey & Kahn, S.C.; Green Bay, Wis.
Prof. John A.E. Pottow
University of Michigan Law School; Ann Arbor, Mich.
2:00 p.m.
Adjourn
2:30-5:00 p.m.
Tour de ABI Bicycling Outing
Sponsored by Commercial Recovery Associates, LLC and Law Office of Deborah Kanner Ebner
To view the full program brochure, click here
Optional Events
Young & New Members Pub Outing
Thursday, June 8, 3:00-6:00 p.m.
Join us for this perennial favorite! We will visit two of Michigan’s premier breweries: Right Brain Brewery and The Filling Station. #BeerNoEvil with Right Brain Brewery, voted one of the “Top 10 Best Breweries in Michigan.” The Filling Station features a rotating list of at least 10 craft beers as well as views of Boardman Lake from inside the pub or out on the patio. The $60 fee includes transportation and sampler flights at both stops. Please mark the appropriate box on the registration form.
IWIRC Cocktail Reception at the ABI Central States Workshop
Thursday, June 4:30 - 6:00 p.m.
IWIRC Cocktail Reception at the ABI Central States Workshop (Prior to the ABI opening reception) Grand Traverse Resport and Spa, Director's Room Light hor d'oeuvres will be served. Please register here for this reception.
Golf Tournament
Friday, June 9, 1:00 p.m.
Beverage Cart Sponsored by Faegre Baker Daniels
Golf Holes Sponsored by Schafer and Weiner, PLLC and Steinberg Shapiro & ClarkSpruce Run, Grand Traverse Resort and Spa’s original resort course, was given the name in 1992 as a reflection of the numerous fir and spruce trees that line its fairways and undulating greens. More forgiving than The Bear, Spruce Run is fun to play, yet still retains some of the challenge it was renowned for when it was the venue for the Michigan Open. It winds among the rolling hills surrounding the Hotel overlooking East Grand Traverse Bay. Water comes into play on 13 holes, and the 8th hole is the only hole on the course with no bunkers. The $150 fee for golf includes green fee and cart, box lunch and beverage, and prizes. Please mark the appropriate box on the registration form to play, and indicate your handicap.
Wine Tour
Friday, June 9, 1:00-5:00 p.m.
Sponsored by Gold, Lange & Majoros, P.C.
Another annual favorite! Get a taste of the Old Mission Peninsula as we visit Bonobo Winery, Bower’s Harbor and Chateau Chantal. Bonobo Winery is one of the newest additions to the peninsula and was co-founded by HGTV Star Carter Oosterhouse. The next stop is the family-run Bower’s Harbor, followed by Chateau Cantal, where we can enjoy breathtaking views of the East and West Bays. The cost is $55 per person and includes transportation, tour, tastings and gratuity. Please mark the appropriate box on the registration form.
Holiday Hills Ziplining
Friday, June 9, 2:30-5:00 p.m.
Enjoy the 10-station zipline and take in the scenic views of Northern Michigan like never before! The cost is $125 per person and includes transportation. Please mark the appropriate box on the registration form. This event requires a minimum number of attendees If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Kids’ Night Out
Friday, June 9, 5:30-10:00 p.m.
Date night! Kids 6 years and older will enjoy dinner and a movie while you enjoy a night out on the town or a peaceful night at the resort. The cost is $35 per child and includes dinner and a movie. Please mark the appropriate box on the registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Tour de ABI Bicycling Outing
Saturday, June 10, 2:30-5:00 p.m.
Sponsored by Commercial Recovery Associates, LLC and Law Office of Deborah Kanner Ebner
The $20-per-person fee includes guide, snack and gratuities. Please mark the appropriate box on the registration form.
Conference Information
Hotel
The Grand Traverse Resort and Spa is regarded as one of Michigan’s premier vacation destinations. It has been ranked among the nation’s finest resorts, with accolades from Golf Digest, USA Today, Family Circle, Condé Nast, Travel + Leisure and more. ABI has arranged a special conference rate of $192 single/double (Hotel rooms) and $221 single/double (Tower rooms) per night. Make your reservations by May 15, 2017, to reserve the special rate. ABI cannot guarantee anyone a room after the May 15 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.
After May 15, until the hotel sells out, you can still reserve a room at the block rate. For Reservations, please call 800-236-1577.
Spa Discount: The Grand Traverse Resort and Spa has graciously extended attendees a 10% discount off spa treatments valued at $99 or more. To receive the 10% group discount, make your appointment with the spa at 800-748-0303, ext. 6750 or [email protected].
Transportation
Air: The Grand Traverse Resort and Spa is just six miles northeast of Traverse City, Mich., and 10 minutes from Traverse City’s Cherry Capital Airport (TVC). For guests who are flying in, the resort offers complimentary Airport Shuttle service to and from the resort. Contact the front desk at 800-236-1577 to reserve shuttle service. Detroit and Chicago are within a 4- to 6-hour drive.
Ground: Rental car discounts are available with the following companies: Avis Worldwide, www.avis.com, number (AWD) T312900; Budget, www.budget.com, number (BCD) Z823091; and Enterprise, www.enterprise.com, number EHSB16A and pin ENT.
Continuing Education Credit
9.5 hours of general CLE credit, including 1.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 11 hours of general 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 in the amount of 9.5 hours, of which 1.5 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 11 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 11 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 in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 May 18, 2017. No refunds will be granted after May 18, but substitutions will be allowed. After May 18, 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.
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at the Grand Traverse Resort and Spa on June 8, 2017, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
American Board of Certification Exams
June 8, 2017, 9:00 a.m.-5:00 p.m. • Grand Traverse Resort and Spa
Call (319) 365-2222 or e-mail [email protected]
___Consumer Bankruptcy Exam
___Business Bankruptcy Exam
___Creditors’ Rights Exam ($125 exam fee)
Make check payable to: American Board of Certification and return with this clipping to: American Board of Certification, The American Building, 4403 1st Avenue SE, Ste. 113, Cedar Rapids, IA 52402.
___ Credit Card (Charge to acct. no. provided for conference)
A short form application and fee ($495) are also required prior to the exam. Please go to www.abcworld.org if you have not submitted the application.
Platinum Sponsors
Adelman & Gettleman, Ltd
AlixPartners LLPDickinson Wright PLLC
Donlin, Recano & Company, Inc.
Faegre Baker Daniels LLP
Freeborn & Peters LLP
Gavin/Solmonese LLC
Godfrey & Kahn, S.C.
Greenberg Traurig, LLP
Jaffe Raitt Heuer & Weiss, P.C.
Jenner & Block
KCC
Krieg Devault
MorrisAnderson
Perkins Coie LLP
Shaw Fishman Glantz & Towbin LLC
Wolfson Bolton PLLCGold Sponsors
Barnes & Thornburg LLP
Barron Business Consulting Inc.
Gold, Lange & Majoros, PC
Lindquist & Vennum LLP
Warner Norcross & Judd LLP
Silver Sponsors
Carlson Dash, LLC
Commercial Recovery Associates, LLC
East West Bank
Howard & Howard Attorneys, PLLC
Law Office of Deborah K. Ebner
National Automotive Brokerage Services
Orlans Associates PC
Plunkett Cooney
Schafer and Weiner, PLLC
Sherwood Partners, Inc./agencyIP
Steinberg Shapiro & Clark
Special Thanks
We extend our special thanks Donlin Recano & Company, Inc. for sponsoring the conference app, Sherwood Partners, Inc./agencyIP for sponsoring the exhibit hall and Wilmington Trust for providing the tote bags.
Conference Rates
Registration Rates* Early
(postmarked by 4/21/17)Regular
(4/22/17- 5/19/17)Late
(after 5/19/17)ABI Member$595$645$695Govt./Academic/Nonprofit ABI Member$375$425$475New ABI Member**$890$970$990Govt./Academic/Nonprofit New ABI Member*$470$520$570* There will be a $50 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***$1,200New ABI Member Exhibitor Registration****$1,525Additional 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 one-year ABI membership.
Optional Events
RateYoung & New Members Pub Outing
$60Opening ReceptionOpening Reception GuestOpening Reception Child (13 and under)
$0$40$20Family Picnic$0Golf TournamentHandicap ____$150Wine Tour$55Holiday Hills Ziplining$125Kids’ Night Out$35Dinner & Dancing at the ShoreDinner & Dancing GuestDinner & Dancing Child (13 and under)
$0$15$10Tour de ABI Bicycling Outing$20
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.
Workshop Chairs
Hon. Mary Ann Whipple, Judicial Chair
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Hon. Donald R. Cassling, Judicial Chair
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Paul G. Swanson, Program Chair
Steinhilber Swanson, LLP; Oshkosh, Wis.
Stuart A. Gold, Advisory Board Chair
Gold Lange & Majoros, P.C.; Southfield, Mich.
Advisory Board
A. Todd Almassian
Keller & Almassian, PLC; Grand Rapids, MI
Carla O. Andres
Godfrey & Kahn, S.C.; Green Bay, Wis.
Bernadette M. Barron
Barron Business Consulting, Inc.; Chicago
Brendan G. Best
Varnum LLP; Detroit
Chris L. Blacker
AlixPartners, LLP; Chicago
Mark A. Bogdanowicz
Howard & Howard Attorneys, PLLC; Peoria, Ill.
Hon. James W. Boyd
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Marchand Boyd
East West Bank; Pasadena, Calif.
Winnifred P. Boylan
Lambert Leser, Attorneys at Law; Bay City, Mich.
Jonathan T. Brand
Transworld Systems, Inc.; Lake Forest, Ill.
Tracy M. Clark
Steinberg Shapiro & Clark; Southfield, Mich.
Shelly A. DeRousse
Freeborn & Peters LLP; Chicago
Karen E. Evangelista
Karen E. Evangelista, PC; Rochester, Mich.
Hon. Catherine J. Furay
U.S. Bankruptcy Court (W.D. Wis.); Madison
Matthew T. Gensburg
Dale & Gensburg, P.C.; Chicago
Stephen M. Gross
McDonald Hopkins LLC; Bloomfield Hills, Mich.
Terry E. Hall
Faegre Baker Daniels; Indianapolis
Richard E. Kruger
Jaffe Raitt Heuer Weiss; Southfield, Mich.
Richard S. Lauter
Lewis Brisbois Bisgaard & Smith LLP; Chicago, IL
Barry P. Lefkowitz
BL Consultants; Birmingham, Mich.
James A. Lodoen
Lindquist & Vennum LLP; Minneapolis
Laura Marcero
Huron Consulting Group Inc.; Troy, Mich.
Evelyn J. Meltzer
Pepper Hamilton LLP; Wilmington, Del.
Nicholas M. Miller
Neal, Gerber & Eisenberg LLP; Chicago
Alex D. Moglia
Moglia Advisors; Schaumburg, Ill.
C. Daniel Motsinger
Krieg DeVault; Indianapolis
Cynthia A. Moyer
Fredrikson & Byron P.A.; Minneapolis
Richard D. Nelson
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
David M. Powlen
Barnes & Thornburg LLP; Wilmington, Del.
Mark L. Radtke
Shaw Fishman Glantz & Towbin LLC; Chicago
Shawn M. Riley
McDonald Hopkins LLC; Cleveland
Melissa M. Root
Jenner & Block; Chicago
Hon. John H. Squires (ret.)
Springer Brown LLC; Wheaton, Ill.
Iana A. Vladimirova
Husch Blackwell LLP; Madison, Wis.
Eric. E. Walker
Perkins Coie LLP; Chicago
Thomas G. Wallrich
Cozen O’Connor; Minneapolis
Robert A. Weisberg
Carson Fischer, P.L.C.; Bloomfield Hills, Mich.
Scott A. Wolfson
Wolfson Bolton PLLC; Troy, Mich.
Craig E. Zucker
Erman, Teicher, Zucker & Freedman, P.C.; Southfield, Mich.
Event Information 245645
Thursday, May 4
11:00 a.m.
Golf Carts Sponsored by Great American Group
Golf
As the #1 golf course in Connecticut, the Rees Jones-designed North Course at Lake of Isles challenges players with more than 7,300 yards of manicured fairways and greens. Five sets of tees at each hole give golfers of all skill levels a chance to score. Players can arrive as early as 10:00 a.m., with an 11:00 a.m. shotgun start. Includes a boxed lunch.
1:30-3:30 p.m.
Golf Clinic
This two-hour golf clinic with Golf Academy PGA Professionals will include one hour of full swing and one hour of short game.
4:00-6:00 p.m.
Sports Trivia with Hon. Alan S. Trust
Sponsored by EisnerAmper LLP
Richard Corbi, Moderator
Otterbourg P.C.; New York
Richard E. Mikels, Facilitator
Pachulski Stang Ziehl & Jones LLP; Boston
Hon. Alan S. Trust
U.S. Bankruptcy Court (E.D.N.Y.); Central Islip
6:00 p.m.
Cocktail Reception
Friday, May 5
7:30-8:15 a.m.
Continental Breakfast
Sponsored by Burns & Levinson LLP and KeyBank N.A.
8:15-8:30 a.m.
Opening Remarks
8:30-9:45 a.m.
Sponsored by Arent Fox LLP
Views from the Bench
Leading judges from three circuits will discuss cutting-edge bankruptcy and restructuring issues, developing or changing bankruptcy jurisprudence, and practice tips and advice on recent trends.
Joshua Cohen, Co-Moderator
Day Pitney LLP; New Haven, Conn.
Beth Brownstein, Co-Moderator
Arent Fox LLP, New York
Hon. James J. Tancredi
U.S. Bankruptcy Court (D. Conn.); Hartford
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Mary Kay Vyskocil
U.S. Bankruptcy Court (S.D.N.Y); New York
9:45-9:55 a.m.
Break
Sponsored by RJ Reuter Business
9:55-10:55 a.m.
The First 100 Days of President Trump
Scott Moskol, Moderator
Burns & Levinson LLP; Boston
Steve Andrews
Webster Bank, N.A.; Stamford, Conn.
Jonathan Kozy
U.S. Trust, Bank of America Private Wealth Management; New York
10:55-11:05 a.m.
Break
Sponsored by KCP Advisory Group
11:05 a.m.-12:05 p.m.
Sponsored by Saul Ewing LLP
The Current Bankruptcy Climate
Joseph E. Myers, Moderator
EisnerAmper LLP; Iselin, NJ
Jacen A. Dinoff
KCP Advisory Group LLC; Burlington, Mass.
Hon. Melvin S. Hoffman, Chief Judge
U.S Bankruptcy Court (D. Mass.); Boston
Steven C. Reingold
Saul Ewing LLP; Boston
Hon. Alan S. Trust
U.S. Bankruptcy Court (E.D.N.Y.); Central Islip
Planning Committee
Jennifer Armstrong
KCP Advisory Group LLC; Burlington, Mass.
Joshua W. Cohen
Day Pitney LLP; New Haven, Conn.
Richard J. Corbi
Otterbourg P.C.; New York
Jacen Dinoff
KCP Advisory Group LLC; Burlington, Mass.
Leah Eisenberg
Arent Fox LLP; New York
Samuel J. Gerdano
American Bankruptcy Institute; Alexandria, Va.
Harvey Gross
New York Institute of Credit; New York
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP; Boston
Scott H. Moskol
Burns & Levinson LLP; Boston
Ryan J. Mulcunry
Great American Group; Needham, Mass.
Andrew R. Phillips
Wells Fargo; Boston
Gregory Pignataro
Bankwell Bank; Hamden, Conn.
Stephen B. Ravin
Saul Ewing LLP; Newark, NJ
Paul Rome
University Management Associates & Consultants Corp.; Hackettstown, NJ
Edward Schatz
The O'Connor Group Inc.; Bedford, Mass.
Andrew I. Silfen
Arent Fox LLP; New York
Hon. Alan S. Trust
U.S. Bankruptcy Court (E.D.N.Y); Central Islip
David M. Weinstein
Ares Management LLC; Tarrytown, NY
Allen D. Wilen
EisnerAmper LLP; Iselin, NJ
Conference Information
Hotel
Foxwoods Resort Casino is one of the premier hotel, gaming, shopping and entertainment destinations in the Northeast. Foxwoods features a vast array of gaming in six casinos, AAA Four-Diamond hotels, restaurants from gourmet to express, world-renowned spas, awarding-winning golf, state-of-the-art theaters and exclusive retailers. The resort is within an hour’s drive of Providence, R.I., and Hartford and New Haven, Conn., and just over 90 minutes from Boston. New York is little more than two hours away. The hotel group block has closed. Rooms are still available, to make a reservation call (800) 369-9663.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 13, 2017. No refunds will be granted after April 13, but substitutions will be allowed. After April 13, 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 Credit
3.25 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 3.5 hours of general CLE credit 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 in the amount of 3.25 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 3.5 credit hours, which can be applied toward professional practice. 3.5 hours of CPE and CTP (Certified Turnaround Professional) credit are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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 course for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org. For more information regarding administrative policies such as complaints and refunds, 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. For information on tuition assistance, send an e-mail to [email protected].
Symposium Rates
Early
(postmarked by 3/24/17)Regular
(3/25/17-5/3/17)On-Site
(5/4/17-5/5/17)ABI/TMA/NYIC Member$275$320$365Non-Member$320$365$410Guest*$125$125$125Golf$225$225$225Golf Clinic**$165$165$165Exhibitor***$500$500$500* A “GUEST” IS 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.
** This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
*** Includes registration for the Symposium.
Event Information 246153
Wednesday, May 17
5:00-7:00 p.m.
Program Registration
6:00-7:00 p.m.
Faculty/Registrant Cocktails & Heavy Hors D’oeuvres
7:00-9:00 p.m.
Program Introduction
Lecture: Trial Preparation for Lawyers
Lecture: The Financial Professional as Expert Witness
7:15-8:15 p.m.
Faculty Training Session
Thursday, May 18
7:00 a.m.
Bus departs hotel for Law School
7:30-8:30 a.m.
Breakfast
8:30-9:30 a.m.
Lecture/Demo: Introduction of Evidence/Direct Examination
9:30-10:00 a.m.
Refreshment Break
10:00-11:45 a.m.
Workshop 1: Direct Examination of Non-Experts and Introduction of Evidence
11:45 a.m.-12:30 p.m.
Catered Lunch
12:30-2:00 p.m
Lecture/Demo: Effective Cross-Examination
2:00-2:30 p.m.
Refreshment Break
2:30-4:15 p.m.
Workshop 2: Cross-Examination of Non-Experts
4:15-5:00 p.m.
Lecture: Art of Persuasion/Trial Techniques to Win Your Case
Lecture: Valuation Training for Financial Professionals
5:00 p.m.
Bus departs for hotel
5:30-6:30 p.m.
CBF Reception at hotel
Friday, May 19
7:15 a.m.
Bus departs hotel for Law School
7:45-8:30 a.m.
Breakfast
8:30-9:45 a.m.
Lecture/Demo: Working with Expert Witnesses
9:45-10:15 a.m.
Refreshment Break
10:15 a.m.-12:15 p.m.
Workshop 3: Direct Examination of Expert Witnesses
12:15-1:15 p.m.
Catered Lunch
1:15-3:30 p.m.
Workshop 4: Cross-Examination of Expert Witnesses
3:30-3:45 p.m.
Refreshment Break
3:45-4:45 p.m.
Team Meetings and Strategy Sessions to Prepare Case for Trial
4:45 p.m.
Bus departs for hotel
5:15-6:30 p.m.
CBF Reception at hotel
6:30 p.m.
Faculty Dinner
Saturday, May 20
7:00-8:00 a.m.
Breakfast at hotel
8:30 a.m.
Bus departs for Law School
9:00 a.m.-12:00 noon
Mock Trials
Conference Information
Hotel
ABI and CBF have arranged for a special conference rate of $269 per night at the Loews Coronado Bay Resort in San Diego. Reservations must be made by April 26, 2017, to secure the special conference rate. Reservations may be made by contacting the Loews directly at (877) 872-8559 and using Group Code CAB516. You can also book your room online at here. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the block is filled.
Location
Loews Coronado Bay Resort
4000 Coronado Bay Rd.
Coronado, CA 92118University of San Diego School of Law
5998 Alcala Park, Warren Hall
San Diego, CA 92110Symposium Attire
Business attire is required for the entire program.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 26, 2017. No refunds will be granted after April 26, but substitutions will be allowed. After April 26, 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 Credit
18.25 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 21.5 hours of general CLE credit 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 in the amount of 18.25 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 21.5 credit hours. 21.5 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, please contact the American Bankruptcy Institute at (703) 739-0800.
Co-Chairs
Mark M. Maloney
King & Spalding; Atlanta
Gregory R. Westfall
Grant Thornton LLP; New York
R. Scott Williams
Rumberger Kirk & Caldwell; Birmingham, Ala.
Faculty
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Jay S. Geller
Law Office of Jay S. Geller; Portland, Maine
Dillon E. Jackson
Foster Pepper PLLC; Seattle, Wash.
Jordan A. Kroop
Perkins Coie LLP; Phoenix
Christian C. Onsager
Onsager | Fletcher | Johnson LLC; Denver
Kenneth Pasquale
Stroock & Stroock & Lavan LLP; New York
Thomas J. Salerno
Stinson Leonard Street LLP; Phoenix
Andrea B. Schwartz
Office of the U.S. Trustee; New York
Mike Sullivan
Grant Thornton LLP; New York
Judy D. Thompson
JD Thompson Law; Saluda, NC
Lynnette R. Warman
Culhane Meadows PLLC; Dallas
Hon. Gregg W. Zive
U.S. Bankruptcy Court (D. Nev.); Reno
Financial Professionals Registration
In addition to litigation training for attorneys, the Symposium is open to financial experts who want to enhance their skills in the area of litigation support and testimony. Financial experts will receive training from professionals who have developed expertise in this area. As a financial expert, you will get hands-on training on how to prepare for and give persuasive expert testimony in bankruptcy litigation matters, and on how to survive grueling cross-examinations. Among other things, each financial expert will give testimony in multiple practice workshops throughout the week and will also work directly with the attorney teams in preparing testimony to be offered at a mock confirmation hearing before a federal bankruptcy judge. This unique opportunity is limited to 6 financial experts on a first-come, first-served basis. These spaces will not last, so register early!
Rates
ABI Member$1,445New ABI Member*$1,740* Includes a one-year ABI membership — a $325 value! You must be an ABI member to attend. Membership is individual and nonrefundable.
Event Information 246769
Thursday, July 27
9:00 a.m.-5:00 p.m.
American Board of Certification Exams
5:00 - 6:00 p.m.
Young and New Members Reception
6:00-8:00 p.m.
Opening Reception
Sponsored by Adams and Reese LLP and Nelson Mullins Riley & Scarborough LLP
8:30-10:00 p.m.
Optional Event: S’Mores and Stars Evening Social
Sponsored by Kozyak Tropin & Throckmorton, PA
Friday, July 28
7:00-7:30 a.m.
Optional Event: Conversation with Dr. Prabodh Kapila, Rheumatologist
7:00-8:00 a.m.
Breakfast
Sponsored by Greenberg Traurig, LLP
7:30-9:00 a.m.
Plenary Session
Case Law Update: Business and Consumer Law Developments
This panel will present a lively discussion of key issues decided in business and consumer bankruptcy cases throughout the country over the past year.
Hon. Mary Grace Diehl, Moderator
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Daniel F. Blanks
Nelson Mullins Riley & Scarborough LLP; Jacksonville, Fla.
John B. Butler, III
John B. Butler III P.A.; Columbia, S.C.
Prof. Angela K. Littwin
University of Texas School of Law; Austin
9:00 a.m.-5:00 p.m.
Beach Day
Enjoy a reserved beach area for Southeast Bankruptcy Workshop attendees, with chairs, towels, umbrellas and some beach games courtesy of Burr & Forman LLP.
9:00-9:15 a.m.
Refreshment Break
9:15-10:45 a.m.
Concurrent Sessions (4)
Business Track
What’s Next in Health Care? Challenges for Providers and Opportunities for Restructuring Professionals in an Ever-Changing Landscape
Distressed health care is expected to be a busy practice area in 2017. Uncertainty surrounding the potential full or partial repeal and replacement of the Affordable Care Act will only increase disruption in this ever-changing industry. This panel will examine key issues regarding the intersection of health care and bankruptcy, along with the challenges facing health care providers. Topics will include health care regulatory issues relevant to § 363 sales, issues related to provider agreements, bankruptcy court jurisdiction over disputes with CMS, and potential opportunities for health care providers and distressed investors.
James Hadfield, Moderator
Guggenheim Securities, LLC; Atlanta
J. Patrick Darby
HealthSouth Corporation; Birmingham, Ala.
T. Mills Fleming
HunterMaclean; Savannah, Ga.
David E. Gordon
Dentons; Atlanta
Hon. J. Craig Whitley
U.S. Bankruptcy Court (W.D.N.C.); Charlotte
GM/Successor Liability Sale Issues: What Now?
David K. Bowsher, Moderator
Adams and Reese LLP; Birmingham, Ala.
Rudy J. Cerone
McGlinchey Stafford PLLC; New Orleans
Henry J. Jaffe
Pepper Hamilton LLP; Wilmington, Del.
Hon. Clifton R. Jessup, Jr.
U.S. Bankruptcy Court (N.D. Alabama); Decatur
A. Lee Hogewood, III
K&L Gates LLP; Raleigh, N.C.
The Retail Business Is Booming (in Bankruptcy)
This panel will feature a discussion on retail bankruptcy issues from the perspective of debtors, landlords, liquidators, financial advisors and creditors.
Sarah B. Boehm, Moderator
McGuireWoods LLP; Richmond, Va.
Jay C. Jacquin
Guggenheim Securities, LLC; Atlanta
Hon. Benjamin A. Kahn
U.S. Bankruptcy Court (M.D.N.C.); Greensboro
Jeff Pomeroy
Bayer Properties, L.L.C.; Birmingham, Ala.
Richard A. Robinson
Burr & Forman LLP; Wilmington, Del.
Consumer Track
CFPB’s Amended Mortgage Servicing Regulations and Their Effects on Bankruptcy
Edward C. Boltz, Moderator
Law Offices of John T. Orcutt, PC; Durham, N.C.
Margaret W. Puccini
Bouhan Falligant; Savannah, GA
CFPB Representative
Consumer Financial Protection Bureau; Washington, D.C.
Joseph A. Bledsoe III
Chapter 13 Trustee; New Bern, NC
New & Young Lawyer Track
Don’t Just Go Through the Motions: Effective Motions Practice in Bankruptcy Court and Trial Advocacy Tips
This session will discuss motions to dismiss and motions for summary judgment, plus discovery and evidentiary motions, and tips on how to use motions practice to your advantage in adversary proceedings and contested matters.
Christine E. Brimm, Moderator
Barton Law Firm; Columbia, S.C.
Jimmy D. Parrish
BakerHostetler; Orlando, Fla.
Ashley S. Rusher
Blanco Tackabery & Matamoros, P.A.; Winston-Salem, N.C.
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
10:45-11:00 a.m.
Refreshment Break
Sponsored by Stichter, Riedel, Blain & Postler, PA
11:00 a.m.-12:30 p.m.
Concurrent Sessions (4)
Business Track
Unitranche Credit Facilities, Agreements Among Lenders, and Related Bankruptcy Considerations
This panel will discuss the rise of unitranche credit facilities, the differences between unitranche credit facilities and more traditional debt structures, and the appeal of a unitranche structure to borrowers, sponsors and lenders. The panel will also discuss bankruptcy-related considerations when negotiating an Agreement Among Lenders (the intercreditor agreement governing the respective rights of lenders in a unitranche credit facility), as well as recent intercreditor litigation.
Jeffrey R. Dutson, Moderator
King & Spalding; Atlanta
Luis M. Lluberas
Moore & Van Allen PLLC; Charlotte, N.C.
Joseph Rodgers
Monroe Capital LLC; Atlanta
Scott P. Vaughn
McGuireWoods LLP; Charlotte, N.C.
Will Your Shipment Come In? How Bankruptcy Affects Transportation Issues on Water and Land
This panel will feature a wide-ranging discussion of bankruptcy and other issues affecting the transportation and shipping industries, as well as the current and future financial stresses in the industries. Lessons from the Hanjin Shipping case will also be discussed.
Edward J. Peterson, III, Moderator
Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.
Curt S. Friedberg
GGG Partners, LLC; Atlanta
Hon. Kevin R. Huennekens
U.S. Bankruptcy Court (E.D. Va.); Richmond
John F. Isbell
Thompson Hine; Atlanta
Ilana Volkov
Cole Schotz P.C.; Hackensack, N.J.
Consumer Track
Can Debtors Have Their Cake and Eat It Too Under § 521?
This session discusses to whom a debtor surrenders his residence, and whether a surrender prohibits the debtor from opposing a state court foreclosure action. The recent case of In re Failia (11th Cir.) sheds light on these questions.
J. Ellsworth Summers, Jr., Moderator
Burr & Forman LLP; Jacksonville, Fla.
Brian Anderson
Nexsen Pruet, PLLC; Greensboro, NC
Hon. Edward J. Coleman
U.S. Bankruptcy Court (S.D. Ga.); Savannah
Daniel E. Melchi
Lueder, Larkin & Hunter, LLC; Alpharetta, Ga.
New & Young Lawyer Track
Business Development: How to Win Friends and Influence People
This panel will discuss how young professionals can grow their practices, maintain contacts, improve their reputations and bring in business.
Jennifer M. Meyerowitz, Moderator
GCG, LLC; Lake Success, N.Y.
Michael M. Beal
Beal, LLC; Columbia, S.C.
Nicholas K. Campbell
Meru, LLC; Atlanta
Salene Rae Mazur Kraemer
Bowles Rice LLP; Pittsburgh
Christopher A. Ward
Polsinelli; Wilmington, Del.
12:45 - 2:30 PM
IWIRC Luncheon at the Grand Ocean Terrace
Hosted by the Carolinas and Georgia IWIRC Networks
To Register please click here.
1:00-5:00 p.m.
Optional Wellness Event: Golf Tournament
Golf Holes sponsored by Bingham Greenebaum Doll LLP, Carl Marks Advisors, Heard Ary LLC and Kilpatrick Townsend & Stockton LLP
Beverage Cart sponsored by Parker, Hudson, Rainer & Dobbs LLP
1:00-5:00 p.m.
Optional Event: Private Daufuskie Island History Tour
Sponsored by Elliott Greenleaf
1:30-3:30 p.m.
Optional Wellness Event: Guided Bike Cruise
Sponsored by Sharecare, Inc.
4:30-6:00 p.m.
Optional Event: Sparkling Wine Afternoon Social
Sponsored by Bass, Berry & Sims PLC and Bradley Arant Boult Cummings LLP
5:30-6:30 p.m.
CARE Reception
Sponsored by Pamela Simmons-Beasley and Daniel Stone
Saturday, July 29
7:00-8:00 a.m.
Breakfast
Sponsored by Womble Carlyle Sandridge & Rice, LLP
7:30-9:00 a.m.
Plenary Session
ABI Talks: Ethics and Bankruptcy Ideas Worth Spreading
Join us for another round of the infamous “ABI Talks,” with speakers focusing on topics only a bankruptcy guru could love, such as whether courts delegate too much authority to trustees, spoliation of evidence and ESI issues, ethical obligations between debtor’s counsel and creditors and trustees to their clients, and more!
Edward T. Gavin, Moderator
Gavin/Solmonese LLC; Wilmington, Del.
Matthew R. Brooks
Troutman Sanders LLP; Atlanta
Robert F. Elgidely
Genovese Joblove & Battista, P.A.; Ft. Lauderdale
Robert C. Furr
Furr & Cohen, P.A.; Boca Raton, Fla.
Craig M. Geno
Craig M. Geno, PLLC; Ridgeland, Miss.
Prof. Angela K. Littwin
University of Texas School of Law; Austin
9:00 a.m.-5:00 p.m.
Beach Day
Enjoy a reserved beach area for Southeast Bankruptcy Workshop attendees, with chairs, towels, umbrellas and some beach games courtesy of Troutman Sanders LLP.
9:00-9:15 a.m.
Refreshment Break
9:15-10:45 a.m.
Repeat Concurrent Sessions (3)
Business Track
Unitranche Credit Facilities, Agreements Among Lenders, and Related Bankruptcy Considerations
Will Your Shipment Come In? How Bankruptcy Affects Transportation Issues on Water and Land
New & Young Lawyer Track
Don’t Just Go Through the Motions: Effective Motions Practice in Bankruptcy Court and Trial Advocacy Tips
Concurrent Session
Consumer Track
National Form Plan and New Rules
This panel will survey how districts around the region are addressing the implementation of the National Form Plan and/or the adoption of an Opt-Out Plan, and will discuss procedures for approving the opt-out plan, new rules, potential challenges and software issues.
Melissa J. Davey, Moderator
Stites & Harbison, PLLC; Atlanta
Beverly M. Burden
Chapter 13 Trustee (E.D. Ky.); Lexington
M. Regina Thomas
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Melissa A. Youngman
Melissa A. Youngman, P.A.; Longwood, Fla.
10:45-11:00 a.m.
Refreshment Break
11:00 a.m.-12:30 p.m.
Repeat Concurrent Sessions (3)
Business Track
What’s Next in Health Care? Challenges for Providers and Opportunities for Restructuring Professionals in an Ever-Changing Landscape
GM/Successor Liability Sale Issues: What Now?
The Retail Business Is Booming (in Bankruptcy)
Concurrent Session
Consumer Track
Back-to-Back Bankruptcies
This panel will discuss issues inherent when a client files multiple bankruptcies, including dismissal, discharge, automatic stay, lien-stripping, chapter 20, married debtors, co-debtors and more.
Hon. John E. Waites, Moderator
U.S. Bankruptcy Court (D. S.C.); Columbia
Alex J. Dolhancyk
The Dolhancyk Law Firm, P.C.; Jonesboro, Ga.
Cynthia J. Lowery
Moore & Van Allen PLLC; Charleston, S.C.
Eric W. Roach
Office of Nancy J. Whaley, Standing Chapter 13 Trustee; Atlanta
1:30 p.m.
Optional Wellness Event: Tennis Tournament
2:30 p.m.
Optional Wellness Event: Beach Volleyball Tournament
Sponsored by Craig M. Geno, PLLC and K&L Gates LLP
3:00-4:30 p.m.
Optional Event: Ice Cream Afternoon Social
Sponsored by Moore Taylor Law Firm
3:00-4:30 p.m.
Optional Wellness Event: Stand Up Paddleboarding
5:30-6:30 p.m.
Speaker/Sponsor Cocktails (by invitation only)
Sponsored by McGlinchey Stafford, PLLC
6:30-9:00 p.m.
Beach Bash!
Bar sponsored by BakerHostetler and Nexsen Pruet
Shoe Valet and Flip Flops sponsored by GGG Partners, LLC
Party sponsored by Deloitte CRG
Entertainment sponsored by McNair Law Firm and Reynolds, Reynolds and Little, LLCJoin us on the beach for food, fun and dancing!
Sunday, July 30
6:15 a.m.
Optional Wellness Event: Sunrise Beachside Yoga
7:00-8:00 a.m.
Breakfast
7:30-9:00 a.m.
Hotcakes & Hot Topics: Breakfast with the Judges
Enjoy a breakfast discussion with the judges of the Southeast Bankruptcy Workshop.
Hon. John E. Waites - Moderator
U.S. Bankruptcy Court (D. S.C.); Columbia
Hon. Edward J. Coleman
U.S. Bankruptcy Court (S.D. Ga.); Savannah
Hon. Mary Grace Diehl
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Hon. Kevin R. Huennekens
U.S. Bankruptcy Court (E.D. Va.); Richmond
Hon. Clifton R. Jessup, Jr.
U.S. Bankruptcy Court (N.D. Alabama); Decatur
Hon. Benjamin A. Kahn
U.S. Bankruptcy Court (M.D.N.C.); Greensboro
Hon. J. Craig Whitley
U.S. Bankruptcy Court (W.D.N.C.); Charlotte
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
9:00-9:15 a.m.
Refreshment Break
Sponsored by Thompson Hine LLP
9:15-10:45 a.m.
“Shark Tank”!
Do some provisions of the Bankruptcy Code seem so out of date and maddening that you want to call your congressional representatives? Our panel of “sharks” will evaluate pitches for legislation to remedy nagging issues in the Code, including implementing restrictions on the appointment of creditors’ committees in chapter 11 cases, tax exemptions for asset sales under § 363, increasing statutory compensation for trustees, the creation of bankruptcy appellate panels in every circuit, and the elimination of debt limits for chapter 13. Come see whether any ideas make the cut!
The “Sharks”:
Eric W. Anderson
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Hon. Mary Grace Diehl
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Nancy J. Whaley
Standing Chapter 12 and 13 Trustee; Atlanta
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Presenters:
Neil C. Gordon
Arnall Golden Gregory LLP; Atlanta
Isley M. Gostin
WilmerHale; Washington, D.C.
James R. Irving
Bingham Greenebaum Doll LLP; Louisville, Ky.
Charles N. Kelley, Jr.
Kelley & Clements, LLP; Gainesville, Ga.
Jay M. Sakalo
Bilzin Sumberg Baena Price & Axelrod, LLP; Miami
10:45 a.m.
Adjourn
To view the full program brochure, click here
Conference Information
Hotel
The newly renovated Westin Hilton Head Island Resort & Spa promises both relaxation and invigoration for your family here amidst the beauty of nature. Fronting 12 miles of pristine Hilton Head beach, this resort offers a multitude of activities both on property and off. Enjoy world-class golfing and tennis, indoor and outdoor pools, spa service, and golf and tennis. ABI has arranged a special conference rate of $309 single/double per night for Resort View rooms. A limited number of Premium Ocean View rooms and Carolina King Suites are also available to conference attendees at a rate of $389 per night (Premium Ocean View) and $449 per night (Carolina King Suite). Make your reservations by June 26, 2017, to obtain these special rates. You will receive a special room reservation link after you have registered with ABI. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the June 26 cut-off or after the specially rated ABI block has been filled. The hotel will sell out, so please make your reservations accordingly.
Spa Discount: The Westin Hilton Head Island Resort & Spa is graciously offering Workshop attendees a 10% discount off spa treatments. Since the spa sells out on a daily basis, please contact the spa in advance at (843) 681-1019 to receive the 10% group discount by letting a spa concierge know you that are with the American Bankruptcy Institute 2017 Southeast Bankruptcy Workshop.
Continuing Education Credit
12 hours of general CLE credit, including 1.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 14 hours of general 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 in the amount of 12 hours, of which 1.5 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 14 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 14 hours of CPE credit, including 1.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. 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 more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 July 6, 2017. No refunds will be granted after July 6, but substitutions will be allowed. After July 6, 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.
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at the Westin Hilton Head Island Resort & Spa on Thursday, July 27, 2017, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
American Board of Certification Exams
Thursday, July 27, 2017, 9:00 a.m.-5:00 p.m. at Westin Hilton Head Island Resort & Spa
Call (319) 365-2222 or e-mail [email protected]___Consumer Bankruptcy Exam
___Business Bankruptcy Exam
___Creditors’ Rights Exam ($125 exam fee)
Make check payable to: American Board of Certification and return with this clipping to: American Board of Certification, The American Building, 4403 1st Avenue SE, Suite 113, Cedar Rapids, IA 52402
___ Credit Card (Charge to acct. no. provided for conference)
A short form application and fee ($495) are also required prior to the exam. Please go to www.abcworld.org if you have not submitted the application.
Rates
Registration Rates Early
(postmarked by 5/5/17)Regular
(5/6/17-6/30/17)Late
(after 6/30/17)ABI Member$625$675$725ABI Govt./Nonprofit/Aca. Member$425$475$525New ABI Member*$920$970$1,020New Govt./Nonprofit/Aca. ABI Member**$520$570$620* There will be a $50 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.
Exhibitor Rates
ABI Member Exhibitor Registration***$1,600New ABI Member Exhibitor Registration****$1,925Additional Booth Representative$300*** Includes one 6’ table and full registration for one booth representative.
**** Includes one 6’table, full registration for one booth representative AND a one-year ABI membership.
Optional Events Rates
Opening ReceptionGuestChild (12 and under)
$0$50$25S’Mores and Stars Evening SocialGuestChild (12 and under)
$0$15$10Sunrise Beachside Yoga$30Golf TournamentHandicap ________$195Private Daufuskie Island History Tour$185Guided Bike Cruise$65Tour de ABI Bicycle Outing$85Sparkling Wine Afternoon Social$45Tennis Tournament$60Beach Volleyball Tournament$15Ice Cream Afternoon Social
GuestChild (12 and under)$0
$10
$10
Beach Bash
GuestChild (12 and under)$50
$65
$35
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.
Premium Sponsors
Accord Financial, Inc.
Adams and Reese LLP
Akerman LLP
Alvarez & Marsal
BakerHostetler
Bass, Berry & Sims PLC
Bradley Arant Boult Cummings LLP
Burr & Forman LLP
CR3 Partners LLC
Donlin, Recano & Co., Inc. an AST CompanyElliott Greenleaf
Equity Partners HG
Furr & Cohen, PA
Gavin/Solmonese LLC
Genovese Joblove & Battista, PA GGG Partners, LLC
GGG Partners, LLC
GlassRatner Advisory & Capital Group LLC
Greenberg Traurig, LLP
Guggenheim Securities, LLC
King & Spalding
McGuireWoods LLP
McNair Law Firm
Moore & Van Allen PLLC
Nelson Mullins Riley & Scarborough LLP
Nexsen Pruet
Parker, Hudson, Rainer & Dobbs LLP
Reynolds, Reynolds & Little, LLC
Signature Bank
Stichter, Riedel, Blain & Postler, P.A.
Troutman Sanders LLP
Womble Carlyle Sandridge & Rice, LLPPatron Sponsors
Baker Tilly Virchow Krause, LLP
Blanco Tackabery & Matamoros, P.A.
Deloitte CRGFTI Consulting, Inc.
Jones Walker LLP
Kozyak Tropin & Throckmorton, PA
McGlinchey Stafford PLLC
Sherwood Partners, Inc./agencyIP
Sharecare, Inc.Supporting Sponsors
Alston & Bird LLP
Bingham Greenebaum Doll LLP
Carl Marks Advisors
Craig M. Geno, PLLCGCG, LLC
Heard, Ary & Dauro, LLCK&L Gates LLP
KapilaMukamal, LLP
Kilpatrick Townsend & Stockton LLP
Markowitz Ringel Trusty + Hartog, P.A.McCarthy Law Firm
Moore Taylor Law Firm
Morris James LLPParker Poe Adams & Bernstein LLP
Thompson HineSpecial Thanks
We extend our special thanks to Alvarez & Marsal for the educational materials on USB drives , Bloomberg Brief for the media partnership, Donlin, Recano & Co., Inc. for sponsoring the conference app, Equity Partners HG LLC for printed pocket agendas, Gavin/Solmonese LLC for the daily e-newsletter, KapilaMukamal, LLP for the cell phone charging station, King & Spalding for the conference lanyards, Sharecare, Inc. for the wellness initiative partnership, Sherwood Partners, LLC/agencyIP for sponsoring the exhibit hall, Signature Bank for the conference wi-fi and Wilmington Trust for the tote bags.
Optional Events
S’mores and Stars Evening Social
Thursday, July 27, 8:30-10:00 p.m.
Sponsored by Kozyak Tropin Throckmorton, LLP
It’s s’mores under the stars! Join us for s’more networking as we roast marshmallows and enjoy the glow of fire pits and one of summer’s great pastimes. The event is FREE for attendees, $15 for guests and $10 for children 12 and under. Pre-registration is required; please check the appropriate box on the registration form.
Beach Days
Friday, July 28, 9:00 a.m.-5:00 p.m.
Sponsored by Burr & Forman LLP
Saturday, July 29, 9:00 a.m.-5:00 p.m.
Sponsored by Troutman Sanders LLP
FREE! Enjoy a reserved beach area just for Southeast Bankruptcy Workshop attendees, complete with chairs, towels, umbrellas and beach games.
Golf Tournament
Friday, July 28, 1:00 p.m.
Golf Holes sponsored by Bingham Greenebaum Doll LLP, Carl Marks Advisors, Heard Ary LLC and Kilpatrick Townsend & Stockton LLP
Beverage Cart sponsored by Parker, Hudson, Rainer & Dobbs LLPThe annual golf tournament will be held at The Port Royal Golf & Racquet Club, just minutes away from the resort. Designed by PGA tour veterans Mark McCumber and Gene Littler, the course presents players with the ultimate in pure golfing pleasure. The $195 fee includes green fee and cart, boxed lunch and beverage, and prizes. Please check the appropriate box on the registration form to play, and indicate your handicap.
Private Daufuskie Island History Tour
Friday, July 28, 1:00-5:00 p.m.
Sponsored by Elliott Greenleaf
Tucked between Hilton Head and Savannah, and accessible only by boat, this gem of an island is a trip back in time. Enjoy a boat cruise down Broad Creek and through backwater marshes, followed by guided golf cart tours on the island. The cost for this event is $185 per person, which includes boat cruise, golf carts and historian-guided tour. Please check the appropriate box on the registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Guided Bike Cruise
Friday, July 28, 1:30-3:30 p.m.
Sponsored by Sharecare, Inc.
Hilton Head Island is a bicyclist’s paradise. This interpretive tour will take a loop route that will mix paved bike paths, back roads and beach cruising all at an easy pace on flat elevation. The cost for this event is $65 per person, which includes cruising bike, helmet, bottled water and guide. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior
Sparkling Wine Afternoon Social
Friday, July 28, 4:30-6:00 p.m.
Sponsored by Bass, Berry & Sims PLC and Bradley Arant Boult Cummings LLP
Cheers! Start happy hour early with bubbling conversation and sparkling wines as we sample a unique variety of proseccos, rosés and cavas. The cost for this event is $45 per person, which includes sparkling wine tastings, light snacks and gratuities. Please check the appropriate box on the registration form.
Conversation with Dr. Prabodh Kapila, Rheumatologist
Saturday, July 29, 7:00-7:30 a.m.
Tennis Tournament
Saturday, July 29, 1:30 p.m.
The clay courts of The Port Royal Racquet Club will be the site of our round-robin tournament. The $60-per-person fee includes tournament fees, boxed lunch and beverage, and prizes. Please check the appropriate box on the registration form.
Beach Volleyball Tournament
Saturday, July 29, 2:30 p.m.
Sponsored by Craig M. Geno, PLLC
Grab your team and meet on the sand for a fun afternoon of volleyball! The $15-per-person fee includes tournament fees and water. Please check the appropriate box on the registration form.
Ice Cream Afternoon Social
Saturday, July 29, 3:00-4:30 p.m.
Sponsored by Moore Taylor Law Firm
I scream, you scream, we all scream for ice cream! Make your own sundae, and enjoy the sweet side of summer at this family-friendly social. This event is FREE for attendees and $10 for guests of all ages.
Stand Up Paddleboarding
Saturday, July 29, 3:00- 4:30 PM
Enjoy the fun, fitness and beauty of the fastest growing watersport in the world! The $115-per-person fee includes paddleboard instructor, board, paddle and life preserver.
Westin Family Kids Club
Join us at the Westin Family Kids Club, the young traveler’s destination for exploration, for inspired activities that help kids ages 4-12 connect with their environment and learn about the area. The Westin Family Kids Club is located off the main deck from the lobby adjacent to Oceans Restaurant. The full-day program is from 9:00 a.m.-5:00 p.m. and includes lunch. The program fee is $70 (+ tax) for the first child and $50 (+ tax) for each additional child. The half-day program is for either morning or afternoon; the program fee is $40 (+ tax) for the first child and $30 (+ tax) for each additional child. 24-hour advance reservations are requested. Cancellations must be received within four hours of the program start time, or full charges will be applied to the guest account.
Sunrise Beachside Yoga
Sunday, July 30, 6:15 a.m.
Invigorate your morning with organic beachside yoga. This lighthearted vinyasa practice is sure to get your day started the right way. The cost is $30 per person and includes instruction and yoga props as necessary. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Motion to Decompress
Get outside, get active, and connect with the elements and your peers through our new wellness initiatives. Get inspired by various activities and options to improve your overall well-being.
Golf Tournament
Friday, July 28, 1:00 p.m.
Golf Holes sponsored by Bingham Greenebaum Doll LLP, Carl Marks Advisors, Heard Ary LLC and Kilpatrick Townsend & Stockton LLP
Beverage Cart sponsored by Parker, Hudson, Rainer & Dobbs LLPThe annual golf tournament will be held at The Port Royal Golf & Racquet Club, just minutes away from the resort. Designed by PGA tour veterans Mark McCumber and Gene Littler, the course presents players with the ultimate in pure golfing pleasure. The $195 fee includes green fee and cart, boxed lunch and beverage, and prizes. Please check the appropriate box on the registration form to play, and indicate your handicap.
Guided Bike Cruise
Friday, July 28, 1:30-3:30 p.m.
Sponsored by Sharecare, Inc.
Hilton Head Island is a bicyclist’s paradise. This interpretive tour will take a loop route that will mix paved bike paths, back roads and beach cruising all at an easy pace on flat elevation. The cost for this event is $65 per person, which includes cruising bike, helmet, bottled water and guide. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior
Tennis Tournament
Saturday, July 29, 1:30 p.m.
The clay courts of The Port Royal Racquet Club will be the site of our round-robin tournament. The $60-per-person fee includes tournament fees, boxed lunch and beverage, and prizes. Please check the appropriate box on the registration form.
Beach Volleyball Tournament
Saturday, July 29, 2:30 p.m.
Sponsored by Craig M. Geno, PLLC
Grab your team and meet on the sand for a fun afternoon of volleyball! The $15-per-person fee includes tournament fees and water. Please check the appropriate box on the registration form.
Stand Up Paddleboarding
Saturday, July 29, 3:00- 4:30 PM
Enjoy the fun, fitness and beauty of the fastest growing watersport in the world! The $115-per-person fee includes paddleboard instructor, board, paddle and life preserver.
Sunrise Beachside Yoga
Sunday, July 30, 6:15 a.m.
Invigorate your morning with organic beachside yoga. This lighthearted vinyasa practice is sure to get your day started the right way. The cost is $30 per person and includes instruction and yoga props as necessary. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Workshop Chairs
Hon. John E. Waites, Judicial Chair
U.S. Bankruptcy Court (D. S.C.); Columbia
Nancy J. Whaley, Co-Chair
Standing Chapter 13 Trustee (N.D. Ga.); Atlanta
W. Austin Jowers, Co-Chair
King & Spalding; Atlanta
2017 Advisory Board
Eric W. Anderson
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Jody A. Bedenbaugh
Nelson Mullins Riley & Scarborough, LLP; Columbia, S.C.
Edward C. Boltz
Law Offices of John T. Orcutt, PC; Durham, N.C.
David K. Bowsher
Adams and Reese LLP; Birmingham, Ala.
Christine E. Brimm
Barton Brimm, PA
Jeffery W. Cavender
Troutman Sanders LLP; Atlanta
Robert A. Cox, Jr.
Bradley Arant Boult Cummings LLP; Charlotte, N.C.
Melissa J. Davey
Stites & Harbison, PLLC; Atlanta
Jane H. Downey
Moore Taylor Law Firm; West Columbia, SC
Ashley A. Edwards
Parker Poe Adams & Bernstein LLP; Charlotte, N.C.
Curt S. Friedberg
GGG Partners, LLC; Atlanta
Robert C. Furr
Furr & Cohen, P.A.; Boca Raton, Fla.
Craig M. Geno
Law Offices of Craig M. Geno, PLLC; Ridgeland, Miss.
Elizabeth A. Green
BakerHostetler; Orlando, Fla.
James Hadfield
Guggenheim Securities, LLC; Atlanta
Kevin D. Heard
Heard Ary, LLC; Huntsville, Ala
John B. Hutton III
Greenberg Traurig, LLP; Miami
James R. Irving
Bingham Greenebaum Doll LLP; Louisville, Ky.
Kristina M. Johnson
Jones Walker LLP; Jackson, Miss.
Joe A. Joseph
Burr & Forman LLP; Nashville, Tenn.
Soneet R. Kapila
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Pamela P. Keenan
Kirschbaum, Nanney, Keenan & Griffin, P.A.; Raleigh, N.C.
Jennifer B. Kimble
Prime Clerk; New York
Stephanie C. Lieb
Trenam Law; Tampa, Fla.
Justin Little
Reynolds, Reynolds & Little, LLC, Tuscaloosa, AL
John H. Maddock, III
McGuireWoods LLP; Richmond, Va.
John Makuch
Alvarez & Marsal; Atlanta
Jennifer McLain McLemore
Christian & Barton, LLP; Richmond, Va.
Jennifer M. Meyerowitz
GCG, LLC; Lake Success, N.Y.
Lance T. Miller
Deloitte CRG; Atlanta
Christine L. Myatt
Nexsen Pruet; Greensboro, N.C.
Edward J. Peterson, III
Stichter, Riedel, Blain & Prosser, P.A.; Tampa, Fla.
Ashley S. Rusher
Blanco Tackabery & Matamoros, P.A.; Winston-Salem, N.C.
Lisa M. Schiller
McGlinchey Stafford, PLLC; Ft. Lauderdale, Fla.
Michael L. Schuster
Genovese Joblove & Battista, P.A.; Miami
J. Ellsworth Summers, Jr.
Burr & Forman LLP; Jacksonville, Fla.
Charles W. Throckmorton
Kozyak Tropin & Throckmorton, P.A.; Miami
Michael H. Weaver
McNair Law Firm, P.A.; Columbia, S.C.
David A. Wender
Alston & Bird LLP; Atlanta
Margaret R. Westbrook
K&L Gates LLP; Raleigh, N.C.
David B. Wheeler
Moore & Van Allen PLLC; Charleston, S.C.
Rory D. Whelehan
Womble Carlyle Sandridge & Rice, LLP; Greenville, S.C.
Melissa A. Youngman
Melissa A. Youngman, P.A.; Orlando
Event Information 247064
Thursday, July 20
5:00-6:00 p.m.
Emerging Leaders and Judges Roundtable (invite only)
Sponsored by WilmerHale
Private roundtable for up-and-coming insolvency professionals and the judges in attendance.6:00-8:00 p.m.
Opening Reception
Sponsored by Carl Marks Advisors and Duane Morris LLP
Bar sponsored by Alderman & Alderman, LLC and Sullivan & WorcesterFriday, July 21
7:00-7:45 a.m.
Breakfast
Sponsored by Murtha Cullina LLP and Sheehan Phinney
7:45-9:15 a.m.
Plenary Session
Detecting Lies: Strategies for Exposing a Deceitful Witness
Poker players look for tells. Polygraphs measure physiological indicators. Movies suggest that there is some magic to looking somebody in the eye. In court, though, judges and lawyers are left to their own devices to determine whether a witness is lying. A clinical psychologist and a former attorney general of the Commonwealth of Massachusetts will join experienced trial lawyers and judges to discuss lying and the limits of detecting lying, including verbal and nonverbal cues that aid in assessing the credibility of statements.
Guy B. Moss, Moderator
Riemer & Braunstein LLP; Newton, Mass.
Hon. Joan N. Feeney
U.S. Bankruptcy Court (D. Mass.); Boston
Scott Harshbarger
Casner & Edwards, LLP; Boston
Gregory W. Nye
Bracewell LLP; Hartford, Conn.
Prof. Matthew Zaitchik
Roger Williams University; Providence, R.I.
9:15-9:30 a.m.
Coffee Break
Sponsored by Goulston & Storrs PC
9:30-10:45 a.m.
Business Track Concurrent Sessions (3)
Sealing the Deal: Negotiating, Documenting and Consummating Settlements in Bankruptcy
This interactive nuts-and-bolts panel will discuss three phases of settlements in the context of a bankruptcy case: (1) negotiating a settlement, including evaluating the benefits of settlement versus litigation risk and expense, negotiating tactics and strategies, and the role of the mediator; (2) drafting term sheets and settlement agreements, an overview of the law on the enforceability of term sheets and settlement agreements (both pre- and post-court approval), and the components of the settlement agreement; and (3) consummating the settlement, with an emphasis on Federal Rule of Bankruptcy Procedure 9019 standards, the necessary components of a motion to approve compromise, presentation to the bankruptcy court, the bankruptcy court’s role in evaluating the settlement and the court’s order approving the settlement, the nonbankruptcy aspects of a settlement, and post-settlement actions.
Taruna Garg, Moderator
Murtha Cullina LLP; Boston
Jeanne P. Darcey
Sullivan & Worcester; Boston
Craig R. Jalbert
Verdolino & Lowey, P.C.; Foxboro, Mass.
Hon. Louis H. Kornreich (ret.)
Bernstein Shur; Bangor, Maine
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn
Loans-to-Own: How Do You Do It? Should You Do It?
The strategy of providing funding to troubled companies or purchasing existing secured debt at a discount in order to obtain ownership (so-called “loans-to-own”) continues to inspire controversy and litigation even as its use by debt financiers and other investors has become more commonplace. This panel will explore the practical considerations, business risks and legal issues associated with loans-to-own, both inside and outside of bankruptcy. Discussion on transactions outside of bankruptcy will include the scope of due diligence, intercreditor issues, insider participation, “bankruptcy-proofing,” and the risks and benefits of a “friendly foreclosure.” Discussion on transactions inside of bankruptcy will include using DIP financing to achieve ownership, potential limits on credit bidding, the impact of including or excluding insiders from the post-closing company, and risks presented by remedies such as equitable subordination and involuntary debt recharacterization.
Hon. Christopher J. Panos, Moderator
U.S. Bankruptcy Court (D. Mass.); Boston
Barry S. Feigenbaum
Rogin Nassau LLC; Hartford, Conn.
Jeffrey B. Gaynor
TrueNorth Capital Partners LLC; Stamford, Conn.
Donald E. Rothman
Riemer & Braunstein LLP; Boston
Plan Conversions of Debt to Equity: The Means, the Math, the Risks and the Upsides
The next evolution of insolvency practice is upon us. The morphing of what started as a restructuring practice into a § 363 sale practice is old news, while the more recent introduction of nontraditional, sophisticated financial investors into the process has brought about another evolution: the debt-to-equity conversion. Why settle for prime and three when you can use Bankruptcy Code provisions like the absolute priority rule and the securities law exemption to come out post-effective date with a freely tradable equity instrument that will enable the holder to share in all of the upside of the reorganized enterprise? This panel will explore the mechanics of a debt-to-equity conversion in the context of a chapter 11 plan in the legal context, then will explain the valuation metrics and allocation calculations that underlie the dynamics as to who gets to participate and the amount of equity offered to the various case constituencies. The discussion will also cover the tools used to spur creditor acceptance of the conversion and uses of the paradigm as a means of raising new capital for the restructured debt, such as backstop agreements and rights offerings.
Hon. James J. Tancredi, Moderator
U.S. Bankruptcy Court (D. Conn.); Hartford
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Michael O’Hara
PJT Partners Inc.; Boston
P. Sabin Willett
Morgan, Lewis & Bockius LLP; Boston
Consumer Track
Reaffirmation and Surrender: A Debtor’s Dilemma Demystified
This panel will discuss recent case law highlighting the fallout from failing to reaffirm, what “surrender” really means, and what you need to know when advising your client on the benefits and burdens of reaffirmation and surrender.
Peter N. Tamposi, Moderator
Tamposi Law Group, P.C.; Nashua, N.H.
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Kate E. Nicholson
Nicholson Herrick LLP; Cambridge, Mass.
Jeffrey T. Piampiano
Drummond Woodsum; Portland, Maine
10:45-11:00 a.m.
Coffee Break
Sponsored by PretiFlaherty
11:00 a.m.-12:15 p.m.
Business Track Concurrent Sessions (3)
Litigation: Expert Cross-Examination Stratego!
Challenging an expert witness requires more than just wondering what questions to ask on cross-examination. Is the expert witness even an expert in the right subject matter? Should the expert be deposed before trial and challenged before he or she takes the stand, or would cross-examination without giving the expert the clues that come with deposition questions present the best opportunity to defuse the weight of the expert’s opinion? How can the trial lawyer prepare for cross-examination of an expert and contain the damage done on direct examination of the expert? What are the essential attributes of strong cross-examination, and how should the trial lawyer deliver the most effective and forceful cross? What are the most effective cross-examination strategies for impugning and impeaching an expert’s opinion? This panel will discuss the legal, strategic and practical considerations that arise in preparing and delivering effective cross-examination, followed by experienced trial lawyers demonstrating techniques for effective containment and impeachment of expert opinion and testimony — with an experienced judge letting them know in real time whether they succeeded.
Hon. Michael A. Fagone, Moderator
U.S. Bankruptcy Court (D. Maine); Bangor
Jeremy R. Fischer
Drummond Woodsum; Portland, Maine
Jeffrey Hellman
Law Offices of Jeffrey Hellman, LLC; New Haven, Conn.
Yvette Austin Smith
The Brattle Group, Inc.; New York
Lisa D. Tingue
Office of the U.S. Trustee; Worcester, Mass.
The Critical Role of Financial Advisors in Unwinding Ponzi Schemes
How do you come to understand a business whose very survival was dependent on ensuring that nobody could understand the business? When administering Ponzi-related bankruptcies, actions taken at the outset are often determinative of the results, but what do you do when the books and records are fiction? This panel will focus on the role of financial professionals in Ponzi scheme bankruptcies, including the initial investigation, establishing the existence of a Ponzi scheme, determining who the “winners” and “losers” are, seeking additional recoveries (including chapter 5 actions and other litigation), making distributions and negotiating settlements.
Hon. Bruce A. Harwood, Moderator
U.S. Bankruptcy Court (D. N.H.); Manchester
Angela M. Allen
Jenner & Block; Chicago
Richard J. Davis
Richard J. Davis, Attorney at Law; New York
Timothy J. Martin
Huron Business Advisory; Boston
The Closely Held Business in Financial Trouble: Unraveling Conflicts Within the “Family”
When financial trouble hits the closely held business, a more complicated structure often lurks below the surface. What the “family” views as a single business may actually be several entities with a long history of intercompany transactions. Conversely, one generation may have transitioned out of the business but might still be receiving compensation from the business under the control of the next generation. The problems are heightened when your contact at the client is an individual who wears various “hats,” including president, board chair, CEO and potential defendant. How does the professional deal with the conflicts and consequences of transactions with insiders and affiliates, particularly where the financial resources of the business and individuals are already stretched thin before adding the layer of professionals that come with any bankruptcy proceeding? This panel of experienced restructuring professionals will discuss the legal, ethical and financial issues raised by family conflicts, and provide their unique legal insights and practical advice.
Douglas S. Skalka, Moderator
Neubert, Pepe & Monteith, P.C.; New Haven, Conn.
Christine E. Devine
Mirick, O’Connell, DeMallie & Lougee, LLP; Worcester, Mass.
Jason L. Mills
Wells Fargo Business Credit, Inc.; Charlotte, N.C.
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan
Consumer Track
Stranger Things in Chapter 13
Balloon payments, assets acquired post-petition, student loan classifications and discharged debts related to criminal activity: Can these issues be navigated without throwing a debtor’s plan upside down? Catch up on strategic tips and considerations that will help you get your debtor to the other side of a chapter 13.
William H. Sandstead, Moderator
Brunswick, Maine
Hon. Elizabeth D. Katz
U.S. Bankruptcy Court (D. Mass.); Springfield
John S. McNicholas
Korde & Associates, P.C.; Lowell, Mass.
John Rao
National Consumer Law Center; Boston
1:00 p.m.
Optional Events
Golf Tournament at Newport National
Sponsored by Bracewell LLP and Mackinac Partners LLC
Tennis Tournament
Sponsored by Huron Consulting Group Inc.
Tour de ABI
Sponsored by Murphy & King and Ruberto Israel & Weiner, P.C.
1:30 p.m.
Optional Events
ABI Regatta
Sponsored by Nixon Peabody LLP and Pepper Hamilton LLP
5:00-06:00 p.m.
NEW SESSION! Puerto Rico: The View From The Inside.
Led by Luis Pabon-Roca, the host of the highest rated political radio show and of a televised political talk show, a panel of professionals involved in the Puerto Rico PROMESA proceedings and a jurist who has presided over a municipal bankruptcy will discuss the current political, social and legal conditions in the Commonwealth and before the court in the largest governmental entity insolvency proceeding in United States history.
Luis Pabon-Roca
Faccio & Pabon-Roca Law Offices; San Juan
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
William W. Kannel
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC; Boston
Martha E.M. Kopacz
Phoenix Management Services; Boston
6:00-7:00 p.m.
Friday Networking Reception
Sponsored by Neubert Pepe & Monteith, P.C., Pullman & Comley LLC, Reid and Riege, P.C. and Zeisler & Zeisler, P.C.
Bar sponsored by Capstone Partners LLC and Devine, Millimet & Branch, PA
Entertainment sponsored by Argus Management Company, LLC
Kids’ Entertainment sponsored by Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.Saturday, July 22
7:30-8:00 a.m.
Breakfast
Sponsored by Choate Hall & Stewart LLP and Hinckley, Allen & Snyder LLP
8:00-9:00 a.m.
Plenary Session
ESI and Ethics: How to Avoid Sanctions — and Worse
Emails, text messages, Snapchat: Nobody ever calls anymore. Firing off an email three minutes after somebody made you angry gives rise to any number of issues, one of them being that once the “send” button is hit, electronically stored information (ESI) is created. This panel will discuss the ethical duties to preserve and the discovery duties to produce ESI, and remedies for violations of either — including the duty to refrain from obstruction of access to evidence, the ethical duty to refrain from unlawful alteration or destruction of evidence (spoliation), and the duty to make diligent efforts to comply with discovery requests. Also covered will be the necessary protocols that clients should have in place prior to litigation, remedies for failure to preserve ESI under Fed. Rule Civ. P. 37(e), and other remedies for discovery violations. Amendments to Rule 37(e) (effective December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.
Jonathan Sablone, Moderator
Nixon Peabody LLP; Boston
Charles R. Bennett, Jr.
Murphy & King; Boston
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
John Queirolo, Jr.
TrustPoint International; New York
Hon. Brian P. Stern
Rhode Island Superior Court; Warwick, R.I.
Amanda Buck Varella
Brown Rudnick LLP; Boston
9:00-9:15 a.m.
Coffee Break
Sponsored by Bernstein Shur
9:15-10:30 a.m.
Business Track Repeat Concurrent Sessions (3)
Litigation: Expert Cross-Examination Stratego!
The Critical Role of Financial Advisors in Unwinding Ponzi Schemes
The Closely Held Business in Financial Trouble: Unraveling Conflicts Within the “Family”
Consumer Track
A Perfect Storm: The Ethical Dilemma of Just Asking to Be Paid
Does an approved fee application shelter counsel from malpractice claims brought by the client? If it does, how do you advise your client about how the application and its approval affects a client’s future claim against you? Does asking for it to be paid pit you against your client and create an unavoidable conflict of interest? Get the tools to navigate these murky ethical considerations.
Carolyn A. Bankowski, Moderator
Office of the Chapter 13 Trustee; Boston
Hon. Peter G. Cary
U.S. Bankruptcy Court (D. Maine); Portland
Jennifer G. Hayden
Molleur Law Office; Biddeford, Maine
Christopher M. Lefebvre
Claude F. Lefebvre & Christopher M. Lefebvre, P.C.; Pawtucket, R.I.
10:30-10:45 a.m.
Coffee Break
Sponsored by Posternak Blankstein & Lund LLP
10:45 a.m.-12:00 noon
Business Track Repeat Concurrent Sessions (3)
Sealing the Deal: Negotiating, Documenting and Consummating Settlements in Bankruptcy
Loans-to-Own: How Do You Do It? Should You Do It?
Plan Conversions of Debt to Equity: The Means, the Math, the Risks and the Upsides
Consumer Track
Disincorporation: Pre-Petition Planning Versus a Harbinger for Disaster
This panel will discuss the growing practice of the pre-petition transfer of business assets to insiders to allow for an individual filing, and the resulting issues for the debtor and its creditors. Is it fraud per se, or is it a creative way to get your individual client and their business assets into one case? Join us as we discuss this inspired, but precarious, practice.
Randy J. Creswell, Moderator
Perkins Thompson, PA; Portland, Maine
Hon. Diane Finkle
U.S. Bankruptcy Court (D. R.I.); Providence
Bruce B. Hochman
Eaton Peabody; Portland, Maine
Charles A. Maglieri
Advanced Bankruptcy Legal Services; Bloomfield, Conn.
1:00 p.m.
Optional Event
Kayaking
Sponsored by Brown Rudnick LLP
Glass-Blowing
Sponsored by Riemer & Braunstein LLP
2:00 p.m.
Optional Event
Schooner Sailing
Sponsored by Casner & Edwards, LLP and Sullivan & Worcester
4:00-5:15 p.m.
Harborside Chat
Hon. J. Michael Deasy
U.S. Bankruptcy Court (D. N.H.); Manchester
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP; Wayland, Mass.
Prof. Jack F. Williams
Baker Tilly Virchow Krause, LLP; Atlanta
6:00-7:00 p.m.
Sponsor Reception (invite only)
Sponsored by Foley Hoag LLP and Spinglass Management Group LLC
7:00-10:00 p.m.
Saturday Dinner
Sponsored by Deloitte CRG and Ropes & Gray LLP
Bar sponsored by Robinson & Cole LLP
Entertainment sponsored by Pachulski Stang Ziehl & Jones
Kids’ Entertainment sponsored by Verdolino & Lowey, P.C.Sunday, July 23
7:00-8:30 a.m.
Breakfast
8:30-10:00 a.m.
Plenary Session
What’s Your Favorite? Supreme Court Decisions that Will Impact (and Already Have Impacted) Bankruptcy Practice
A panel of judges, academics and Supreme Court practitioners will lead a discussion regarding the 2016-17 Supreme Court decisions of note for insolvency practitioners, as well as the high court’s most impactful, interesting or problematic decisions on bankruptcy practice to date. Amendments to Rule 37(e) (in effect since December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.
William J. Rochelle, III,Moderator
American Bankruptcy Institute; New York
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
Lynne F. Riley
Casner & Edwards, LLP; Boston
Hon. Eugene R. Wedoff (ret.)
Sole Practice; Oak Park, Ill.
10:00 a.m.
Adjourn
To view the full program brochure, click here
Optional Events
Golf Tournament at Newport National
Friday, July 21, 1:00 p.m.
Sponsored by Bracewell LLP and Mackinac Partners LLC
Take your game to a higher level at this 18-hole, par 72 course. Participants of all skill levels are encouraged to play. The $275-per-person fee includes boxed lunch, green fee and prizes. Please check the appropriate box on the registration form to play, and indicate your handicap
Tennis Tournament
Friday, July 21, 1:00 p.m.
Sponsored by Huron Consulting Group
Participants of all skill levels are encouraged to play. The $35-per-person fee includes boxed lunch, court fee and prizes. Please check the appropriate box on the registration form to play.
Tour de ABI
Friday, July 21, 1:00 p.m.
Sponsored by Murphy & King and Ruberto, Israel & Weiner, P.C.P
Join us for the annual Tour de ABI bike ride as an expert biker, or opt to enjoy a guided bike ride around the area. The ride will begin after lunch. The $35-per-person fee includes a boxed lunch. Please select the appropriate box on the registration form.
ABI Regatta
Friday, July 21, 1:30 p.m.
Sponsored by Nixon Peabody LLP and Pepper Hamilton LLP
Not only is Newport the sailing capital of the world, it is the only port in the world to house a charter fleet of classic 12-meter yachts that have been contenders in the America’s Cup Races.Join the captains and crews of two of these spectacular boats on an informal race around the waters of Newport. Tickets are $75 per person. Please check the appropriate box on the registration form.
Kayaking
Saturday, July 22, 1:00 p.m.
Sponsored by Brown Rudnick LLP
Enjoy a scenic drive to Wickford for kayaking in the scenic Rhode Island John H. Chafee National Wildlife Refuge. The $50-per-person fee includes a boxed lunch. Please check the appropriate box on the registration form.
Glassblowing
Saturday, July 22, 1:00 p.m
Sponsored by Riemer & Braunstein LLP
Try your hand at the ancient art of glassblowing! At the conclusion of this interactive and unique learning activity, you will create a colorful memory of your time in Newport. Participants will take turns shaping molten glass into hand-blown ornaments and will have their ornaments shipped home once they have cooled. Tickets are $75 per person. Please check the appropriate box on the registration form.
Schooner Sailing
Saturday, July 22, 2:00 p.m.
Sponsored by Casner & Edwards, LLP and Sullivan & Worceste
Enjoy sailing through Newport Harbor and Narragansett Bay aboard the 72-foot schooner Madeline. You will experience the joy of sailing while seeing a memorable perspective of Newport aboard this classic schooner! Tickets are $50 per person. Please check the appropriate box on the registration form.
Northeast Bankruptcy Conference Co-Chairs
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Manchester
John J. Monaghan
Holland & Knight LLP
Elisa M. Sartori
Greenridge Financial Services LLC
Northeast Consumer Forum Co-Chairs
Shawn K. Doil
Perkins Thompson, P.A.
Donald R. Lassman
Lassman Law
Advisory Board
Patricia Antonelli
PattyAntonelli Law
Janet E. Bostwick
Janet E. Bostwick, PC
Christopher M. Candon
Sheehan Phinney
Paul W. Carey
Mirick O’Connell
Roger A. Clement, Jr.
Verrill Dana LLP
Roma N. Desai
Bernstein Shur
Michael J. Epstein
Deloitte CRG
Michael J. Fencer
Jager Smith P.C.
Jeremy R. Fischer
Drummond Woodsum
Matthew R. Flynn
Verdolino & Lowey, P.C.
Julia Frost-Davies
Morgan, Lewis & Bockius LLP
Jay S. Geller
Law Office of Jay S. Geller
Michael J. Goldberg
Casner & Edwards, LLP
Douglas R. Gooding
Choate Hall & Stewart LLP
Eric A. Henzy
Reid and Riege, P.C.
D. Ethan Jeffery
Murphy & King
Jeffrey L. Jonas
Brown Rudnick LLP
Gregory O. Kaden
Goulston & Storrs PC
Robert E. Kaelin
Murtha Cullina LLP
Marjorie Kaufman
Getzler Henrich & Associates LLC
Benjamin W. Loveland
WilmerHale
George J. Marcus
Marcus, Clegg
Timothy J. Martin
Huron Consulting Group Inc.
William J. McLeod
U.S. Bankruptcy Court (D. Mass.)
Richard E. Mikels
Pachulski Stang Ziehl & Jones
James F. Molleur
Molleur Law Office
Paul D. Moore
Duane Morris LLP
William R. Moorman, Jr.
Partridge Snow & Hahn LLP
Guy B. Moss
Riemer & Braunstein LLP
Michael R. Nowlan
Mackinac Partners LLC
Michael J. Pappone
The EdLaw Project
Nina M. Parker
Parker & Associates
David T. Plastino
EY Transaction Economics Group
David Rychalsky
Capstone Partners LLC
Natalie B. Sawyer
U.S. Bankruptcy Court (D. Mass.)
Andrew Z. Schwartz
Foley Hoag LLP
Mackenzie L. Shea
Gordon Brothers
Douglas S. Skalka
Neubert, Pepe & Monteith, P.C.
Daniel W. Sklar
Nixon Peabody LLP
Mark F. Stickney
Spinglass Management Group, LLC
Robert P. Wexler
The Tron Group
James M. Wilton
Ropes & Gray LLP
Conference Information
Hotel Accommodations
ABI has arranged a special conference rate of $378 single/double per night at the Newport Marriott; additional fees apply for additional room guests. To secure the special rate, hotel reservations must be made by June 16, 2017. Reservations may only be made once you have registered with ABI. Upon payment of the conference registration fees, you will receive a hotel reservation link to reserve your room. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Transportation
Auto: Newport is an easy drive from Providence, Boston and Hartford and is about 2.5-3 hours from Concord, Portland and New York.
Air: The resort is located 30 miles from Providence’s T.F. Green Airport.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by June 29, 2017. No refunds will be made if notice is received after June 29, although substitutions will be allowed. After June 29, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
Northeast 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 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 1.25 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 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 1.5 hours of ethics, are also available.
Northeast Consumer Forum: Approval for approximately 7.5 hours of CLE credit, including 2.5 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 9 hours of CLE credit, including 3 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, of which 2.5 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 9 credit hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. 9 hours of CPE credit, including 3 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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 the full registration fee. 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 at least 50% reduction in the registration fee. For information on tuition assistance, send an e-mail to [email protected].
ABI Northeast Scholarship Program
Limited scholarship funds are available for those who cannot afford to attend the program. Please send your request for approval to Jennifer Guirguis at [email protected]. Space is limited.
Benefactors
Alderman & Alderman, LLC
Argus Management Company, LLC
Bernstein Shur
Bracewell LLP
Brown Rudnick LLP
Carl Marks Advisors, LLC
Capstone
Casner & Edwards, LLP
Charles River Associates
Choate Hall & Stewart LLP
CR3 Partners, LLC
Deloitte CRG
Devine Millimet & Branch PA
Duane Morris LLP
Foley Hoag LLP
Gavin/Solmonese LLC
Getzler Henrich & Associates LLC
Goulston & Storrs PC
Green & Sklarz LLC
Hinckley, Allen & Snyder LLP
Huron Consulting Group Inc.
Mackinac Partners LLCMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Murtha Cullina LLP
Neubert, Pepe & Monteith, P.C.
Nixon Peabody LLP
Pachulski Stang Ziehl & Jones LLP
Partridge Snow & Hahn LLP
Pepper Hamilton LLP
Polsinelli
Posternak Blankstein & Lund LLP
PretiFlaherty
Pullman & Comley LLC
Reid and Reige, P.C.
Robinson & Cole LLP
Ropes & Gray LLP
Sheehan Phinney
Sherwood Partners, Inc./agencyIP
Spinglass Management Group LLC
Sullivan & Worcester
Verdolino & Lowey, P.C.
WilmerHale
Wilmington Trust
Zeisler & Zeisler, P.C.
Patrons
BMS, Inc.
Holland & Knight
Mirick, O'Connell, DeMaillie & Lougee, LLP
Morgan, Lewis & Bockius LLP
Murphy & King
Phoenix Management Services
Riemer & Braunstein LLP
Ruberto, Israel & Weiner P.C.
Sponsors
Baker Newman Noyes
Bartlett Hackett Feinberg PC
Burns & Levinson LLP
DiCicco, Gulman & Company, LLP
Drummond Woodsum
Eaton Peabody
GCG
Greenridge Financial Services LLC
Key Bank
Marcus Clegg & Mistretta, PA
Molleur Law Office
Morrissey, Wilson & Zafiropoulos, LLP
Pearce & Dow, LLC
Perkins Thompson, PA
Pierce Atwood LLP
Primer Piper
Seyfarth Shaw
Scargo Hill Capital
Sternklar Law
Swiggart & Agin LLC
Tamposi Law Group, P.C.
The Brattle Group
The Tron Group
Verrill Dana LLP
William S. Gannon PLLC
Special Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, BMS, Inc. for the cell phone charging stations, Charles River Associates for the lanyards, Donlin, Recano & Company, Inc. for the conference app, Getzler Henrich & Associates LLC for the conference pocket guide and e-newsletter, Green & Sklarz LLC for the hotel keycards, Polsinelli for the conference materials on USB drives, Sherwood Partners, Inc./agencyIP for sponsoring the exhibit hall, and Wilmington Trust for the conference tote bags.
Registration Rates
Registration Rates Early Bird
(postmarked by 5/5/17)Regular
(5/6/17-6/9/17)Late
(after 6/9/17)
Northeast Bankruptcy ConferenceABI Member$650$700$795ABI Govt./Nonprofit ABI Member$425$450$475New ABI Member*$945$995$1,090New Govt./Nonprofi ABI Member*$520$545$570
Northeast Consumer ForumABI Member$295$345$395New ABI Member*$545$595$645* 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.
Registration includes meals, refreshment breaks, the Opening Reception, the Friday Dinner, the Saturday BBQ and the written materials.
Exhibitor Rates
ABI Member Exhibitor Registration**$1,600New ABI Member Exhibitor Registration***$1,925Additional Booth Representative$375** 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.
Evening Events
Opening ReceptionRegistrantAdult GuestChild Guest (12 and under)
Included$50$15Friday Networking ReceptionRegistrantAdult GuestChild Guest (12 and under)
Included$50$15Saturday DinnerRegistrantAdult GuestChild Guest (12 and under)
$25$85$25Optional Events
Golf TournamentHandicap _______$275Tennis Tournament$35Tour de ABI$35ABI Regatta$75Kayaking$50Glass-Blowing$75Schooner Sailing$50Event Information 247129
Friday, July 21
9:30-10:45 a.m.
Consumer Track
Reaffirmation and Surrender: A Debtor’s Dilemma Demystified
This panel will discuss recent case law highlighting the fallout from failing to reaffirm, what “surrender” really means, and what you need to know when advising your client on the benefits and burdens of reaffirmation and surrender.
Peter N. Tamposi, Moderator
Tamposi Law Group, P.C.; Nashua, N.H.
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Kate E. Nicholson
Nicholson Herrick LLP; Cambridge, Mass.
Jeffrey T. Piampiano
Drummond Woodsum; Portland, Maine
11:00 a.m.-12:15 p.m.
Consumer Track
Stranger Things in Chapter 13
Balloon payments, assets acquired post-petition, student loan classifications and discharged debts related to criminal activity: Can these issues be navigated without throwing a debtor’s plan upside down? Catch up on strategic tips and considerations that will help you get your debtor to the other side of a chapter 13.
William H. Sandstead, Moderator
Brunswick, Maine
Hon. Elizabeth D. Katz
U.S. Bankruptcy Court (D. Mass.); Springfield
John S. McNicholas
Korde & Associates, P.C.; Lowell, Mass.
John Rao
National Consumer Law Center; Boston
5:00-06:00 p.m.
NEW SESSION! Puerto Rico: The View From The Inside.
Led by Luis Pabon-Roca, the host of the highest rated political radio show and of a televised political talk show, a panel of professionals involved in the Puerto Rico PROMESA proceedings and a jurist who has presided over a municipal bankruptcy will discuss the current political, social and legal conditions in the Commonwealth and before the court in the largest governmental entity insolvency proceeding in United States history.
Luis Pabon-Roca
Faccio & Pabon-Roca Law Offices; San Juan
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
William W. Kannel
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC; Boston
Martha E.M. Kopacz
Phoenix Management Services; Boston
Saturday, July 22
9:15-10:30 a.m.
Consumer Track
A Perfect Storm: The Ethical Dilemma of Just Asking to Be Paid
Does an approved fee application shelter counsel from malpractice claims brought by the client? If it does, how do you advise your client about how the application and its approval affects a client’s future claim against you? Does asking for it to be paid pit you against your client and create an unavoidable conflict of interest? Get the tools to navigate these murky ethical considerations.
Carolyn A. Bankowski, Moderator
Office of the Chapter 13 Trustee; Boston
Hon. Peter G. Cary
U.S. Bankruptcy Court (D. Maine); Portland
Jennifer G. Hayden
Molleur Law Office; Biddeford, Maine
Christopher M. Lefebvre
Claude F. Lefebvre & Christopher M. Lefebvre, P.C.; Pawtucket, R.I.
10:45 a.m.-12:00 noon
Consumer Track
Disincorporation: Pre-Petition Planning Versus a Harbinger for Disaster
This panel will discuss the growing practice of the pre-petition transfer of business assets to insiders to allow for an individual filing, and the resulting issues for the debtor and its creditors. Is it fraud per se, or is it a creative way to get your individual client and their business assets into one case? Join us as we discuss this inspired, but precarious, practice.
Randy J. Creswell, Moderator
Perkins Thompson, PA; Portland, Maine
Hon. Diane Finkle
U.S. Bankruptcy Court (D. R.I.); Providence
Bruce B. Hochman
Eaton Peabody; Portland, Maine
Charles A. Maglieri
Advanced Bankruptcy Legal Services; Bloomfield, Conn.
To view the full program brochure, click here
Optional Events
Golf Tournament at Newport National
Friday, July 21, 1:00 p.m.
Sponsored by Bracewell LLP and Mackinac Partners LLC
Take your game to a higher level at this 18-hole, par 72 course. Participants of all skill levels are encouraged to play. The $275-per-person fee includes boxed lunch, green fee and prizes. Please check the appropriate box on the registration form to play, and indicate your handicap
Tennis Tournament
Friday, July 21, 1:00 p.m.
Sponsored by Huron Consulting Group
Participants of all skill levels are encouraged to play. The $35-per-person fee includes boxed lunch, court fee and prizes. Please check the appropriate box on the registration form to play.
Tour de ABI
Friday, July 21, 1:00 p.m.
Sponsored by Murphy & King and Ruberto, Israel & Weiner, P.C.P
Join us for the annual Tour de ABI bike ride as an expert biker, or opt to enjoy a guided bike ride around the area. The ride will begin after lunch. The $35-per-person fee includes a boxed lunch. Please select the appropriate box on the registration form.
ABI Regatta
Friday, July 21, 1:30 p.m.
Sponsored by Nixon Peabody LLP and Pepper Hamilton LLP
Not only is Newport the sailing capital of the world, it is the only port in the world to house a charter fleet of classic 12-meter yachts that have been contenders in the America’s Cup Races.Join the captains and crews of two of these spectacular boats on an informal race around the waters of Newport. Tickets are $75 per person. Please check the appropriate box on the registration form.
Kayaking
Saturday, July 22, 1:00 p.m.
Sponsored by Brown Rudnick LLP
Enjoy a scenic drive to Wickford for kayaking in the scenic Rhode Island John H. Chafee National Wildlife Refuge. The $50-per-person fee includes a boxed lunch. Please check the appropriate box on the registration form.
Glassblowing
Saturday, July 22, 1:00 p.m
Sponsored by Riemer & Braunstein LLP
Try your hand at the ancient art of glassblowing! At the conclusion of this interactive and unique learning activity, you will create a colorful memory of your time in Newport. Participants will take turns shaping molten glass into hand-blown ornaments and will have their ornaments shipped home once they have cooled. Tickets are $75 per person. Please check the appropriate box on the registration form.
Schooner Sailing
Saturday, July 22, 2:00 p.m.
Sponsored by Casner & Edwards, LLP and Sullivan & Worceste
Enjoy sailing through Newport Harbor and Narragansett Bay aboard the 72-foot schooner Madeline. You will experience the joy of sailing while seeing a memorable perspective of Newport aboard this classic schooner! Tickets are $50 per person. Please check the appropriate box on the registration form.
Northeast Bankruptcy Conference Co-Chairs
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Manchester
John J. Monaghan
Holland & Knight LLP
Elisa M. Sartori
Greenridge Financial Services LLC
Northeast Consumer Forum Co-Chairs
Shawn K. Doil
Perkins Thompson, P.A.
Donald R. Lassman
Lassman Law
Advisory Board
Patricia Antonelli
PattyAntonelli Law
Janet E. Bostwick
Janet E. Bostwick, PC
Christopher M. Candon
Sheehan Phinney
Paul W. Carey
Mirick O’Connell
Roger A. Clement, Jr.
Verrill Dana LLP
Roma N. Desai
Bernstein Shur
Michael J. Epstein
Deloitte CRG
Michael J. Fencer
Jager Smith P.C.
Jeremy R. Fischer
Drummond Woodsum
Matthew R. Flynn
Verdolino & Lowey, P.C.
Julia Frost-Davies
Morgan, Lewis & Bockius LLP
Jay S. Geller
Law Office of Jay S. Geller
Michael J. Goldberg
Casner & Edwards, LLP
Douglas R. Gooding
Choate Hall & Stewart LLP
Eric A. Henzy
Reid and Riege, P.C.
D. Ethan Jeffery
Murphy & King
Jeffrey L. Jonas
Brown Rudnick LLP
Gregory O. Kaden
Goulston & Storrs PC
Robert E. Kaelin
Murtha Cullina LLP
Marjorie Kaufman
Getzler Henrich & Associates LLC
Benjamin W. Loveland
WilmerHale
George J. Marcus
Marcus, Clegg
Timothy J. Martin
Huron Consulting Group Inc.
William J. McLeod
U.S. Bankruptcy Court (D. Mass.)
Richard E. Mikels
Pachulski Stang Ziehl & Jones
James F. Molleur
Molleur Law Office
Paul D. Moore
Duane Morris LLP
William R. Moorman, Jr.
Partridge Snow & Hahn LLP
Guy B. Moss
Riemer & Braunstein LLP
Michael R. Nowlan
Mackinac Partners LLC
Michael J. Pappone
The EdLaw Project
Nina M. Parker
Parker & Associates
David T. Plastino
EY Transaction Economics Group
David Rychalsky
Capstone Partners LLC
Natalie B. Sawyer
U.S. Bankruptcy Court (D. Mass.)
Andrew Z. Schwartz
Foley Hoag LLP
Mackenzie L. Shea
Gordon Brothers
Douglas S. Skalka
Neubert, Pepe & Monteith, P.C.
Daniel W. Sklar
Nixon Peabody LLP
Mark F. Stickney
Spinglass Management Group, LLC
Robert P. Wexler
The Tron Group
James M. Wilton
Ropes & Gray LLP
Conference Information
Hotel Accommodations
ABI has arranged a special conference rate of $378 single/double per night at the Newport Marriott; additional fees apply for additional room guests. To secure the special rate, hotel reservations must be made by June 16, 2017. Reservations may only be made once you have registered with ABI. Upon payment of the conference registration fees, you will receive a hotel reservation link to reserve your room. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Transportation
Auto: Newport is an easy drive from Providence, Boston and Hartford and is about 2.5-3 hours from Concord, Portland and New York.
Air: The resort is located 30 miles from Providence’s T.F. Green Airport.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by June 29, 2017. No refunds will be made if notice is received after June 29, although substitutions will be allowed. After June 29, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
Northeast 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 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 1.25 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 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 1.5 hours of ethics, are also available.
Northeast Consumer Forum: Approval for approximately 7.5 hours of CLE credit, including 2.5 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 9 hours of CLE credit, including 3 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, of which 2.5 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 9 credit hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. 9 hours of CPE credit, including 3 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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 the full registration fee. 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 at least 50% reduction in the registration fee. For information on tuition assistance, send an e-mail to [email protected].
ABI Northeast Scholarship Program
Limited scholarship funds are available for those who cannot afford to attend the program. Please send your request for approval to Jennifer Guirguis at [email protected]. Space is limited.
Benefactors
Alderman & Alderman, LLC
Argus Management Company, LLC
Bernstein Shur
Bracewell LLP
Brown Rudnick LLP
Carl Marks Advisors, LLC
Capstone
Casner & Edwards, LLP
Charles River Associates
Choate Hall & Stewart LLP
CR3 Partners, LLC
Deloitte CRG
Devine Millimet & Branch PA
Duane Morris LLP
Foley Hoag LLP
Gavin/Solmonese LLC
Getzler Henrich & Associates LLC
Goulston & Storrs PC
Green & Sklarz LLC
Hinckley, Allen & Snyder LLP
Huron Consulting Group Inc.
Mackinac Partners LLC
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Murtha Cullina LLPNeubert, Pepe & Monteith, P.C.
Nixon Peabody LLP
Pachulski Stang Ziehl & Jones LLP
Partridge Snow & Hahn LLP
Pepper Hamilton LLP
Polsinelli
Posternak Blankstein & Lund LLP
PretiFlaherty
Pullman & Comley LLC
Reid and Reige, P.C.
Robinson & Cole LLP
Ropes & Gray LLP
Sheehan Phinney
Sherwood Partners, Inc./agencyIP
Spinglass Management Group LLC
Sullivan & Worcester
Verdolino & Lowey, P.C.
WilmerHale
Wilmington Trust
Zeisler & Zeisler, P.C.
Patrons
BMS, Inc.
Holland & Knight
Mirick, O'Connell, DeMaillie & Lougee, LLP
Morgan, Lewis & Bockius LLP
Murphy & King
Phoenix Management Services
Riemer & Braunstein LLP
Ruberto, Israel & Weiner P.C.
Sponsors
Baker Newman Noyes
Bartlett Hackett Feinberg PC
Burns & Levinson LLP
DiCicco, Gulman & Company, LLP
Drummond Woodsum
Eaton Peabody
GCG
Greenridge Financial Services LLC
Key Bank
Marcus Clegg & Mistretta, PA
Molleur Law Office
Morrissey, Wilson & Zafiropoulos, LLP
Pearce & Dow, LLC
Perkins Thompson, PA
Pierce Atwood LLP
Primer Piper
Seyfarth Shaw
Scargo Hill Capital
Sternklar Law
Swiggart & Agin LLC
Tamposi Law Group, P.C.
The Brattle Group
The Tron Group
Verrill Dana LLP
William S. Gannon PLLC
Special Thanks
We extend our special thanks to Bloomberg BRIEF for the media partnership, BMS, Inc. for the cell phone charging stations, Charles River Associates for the lanyards, Donlin, Recano & Company, Inc. for the conference app, Getzler Henrich & Associates LLC for the conference pocket guide and e-newsletter, Green & Sklarz LLC for the hotel keycards, Polsinelli for the conference materials on USB drives, Sherwood Partners, Inc./agencyIP for sponsoring the exhibit hall, and Wilmington Trust for the conference tote bags.
Registration Rates
Registration Rates Early Bird
(postmarked by 5/5/17)Regular
(5/6/16-6/9/17)Late
(after 6/9/17)
Northeast Bankruptcy ConferenceABI Member$650$700$795ABI Govt./Nonprofit ABI Member$425$450$475New ABI Member*$945$995$1,090New Govt./Nonprofi ABI Member*$520$545$570
Northeast Consumer ForumABI Member$295$345$395New ABI Member*$545$595$645* 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.
Registration includes meals, refreshment breaks, the Opening Reception, the Friday Dinner, the Saturday BBQ and the written materials.
Exhibitor Rates
ABI Member Exhibitor Registration**$1,600New ABI Member Exhibitor Registration***$1,925Additional Booth Representative$375** 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.
Evening Events
Opening ReceptionRegistrantAdult GuestChild Guest (12 and under)
Included$50$15Friday Networking ReceptionRegistrantAdult GuestChild Guest (12 and under)
Included$50$15Saturday DinnerRegistrantAdult GuestChild Guest (12 and under)
$25$85$25Optional Events:
Golf TournamentHandicap _______$275Tennis Tournament$35ABI Regatta$75Tour de ABI$35Kayaking$50Schooner Sailing$50Glass-Blowing$75Event Information 247449
Thursday, August 3
6:00 p.m.-8:00 p.m.
Opening Reception
Sponsored by Bond, Schoeneck & King PLLC, Cole Schotz P.C and SSG Capital Advisors, LLC
Friday, August 4
7:30-8:00 a.m.
Breakfast
Sponsored by Pachulski Stang Ziehl & Jones LLP
8:00-9:00 a.m.
Plenary Session
TED Talks
Thomas M. Horan, Moderator
Shaw Fishman Glantz & Towbin LLC; Wilmington, Del.
Amy Edgy
Jones Day; Washington, D.C.
M. Natasha Labovitz
Debevoise & Plimpton LLP; New York
Ted Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Steven K. Kortanek
Drinker Biddle & Reath, Wilmington, Del.
9:15-10:30 a.m.
Concurrent Sessions (4)
Let's Dip into the DIP Order
Do you know and understand what’s in your DIP order? This panel will break down some examples of issues that create frustration for bankruptcy judges through inconsistent language, overreaching requirements, misinterpretation or fundamental flaws. Panelists will navigate the typical DIP motion through drafting to final order.
Linda V. Donhauser, Moderator
Miles & Stockbridge P.C.; Baltimore
Duncan Pickett
Berkley Research Group, LLC, Annapolis, MD
K. Elizabeth Sieg
McGuireWoods LLP; Richmond, Va.
Hon. Christopher Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
Lisa Tancredi
Gebhardt & Smith LLP, Baltimore, MD
50 Shades of Valuations
This panel will review the art and science of valuations prepared for different stakeholders in the same case. Panelists will discuss how professionals can use the same data but arrive at dramatically different results through the manipulation of various methodologies and assumptions depending on the interests of their clients.
Anne Eberhardt, Moderator
Gavin/Solmonese LLC; New York
Neil Gupta
SSG Capital Advisors, LLC; Conshohocken, Pa.
Maria Ellena Chavez-Ruark
Saul Ewing LLP; Baltimore
Robert J. Stearn, Jr.
Richards, Layton & Finger, PA; Wilmington, Del.
Hon. John Sherwood
U.S. Bankruptcy Court (D. N.J.); Newark
Paths for Committees Post-Jevic
This panel will review the shift of leverage to hold-out creditors and the requirement that structured dismissals must adhere to the absolute priority rule outside of a plan.
James Patrick Shea, Moderator
Armstrong Teasdale LLP; Las Vegas
Jeffrey Cohen
Lowenstein Sandler LLP; New York
Maris J. Kandestin
DLA Piper; Wilmington, Del.
Michele Michaelis
BDO Consulting; New York
Hon. David Rice
U.S. Bankruptcy Court (D. Md.); Baltimore
Chapter 13: Improving the Process
This panel will discuss means of improving the chapter 13 process, including how to reduce abuses and thereby accelerate chapter 13 cases, as well as the new Rule amendments going into effect Dec. 1, 2017, and will contrast plans under chapters 11 and 13.
Louis J. Ebert, Moderator
Rosenberg Martin Greenberg LLP; Baltimore
Scott F. Waterman
Waterman & Mayer LLP; Philadelphia
Hon. Eugene R. Wedoff (Ret.)
Oak Park, Ill.
10:30-10:45 a.m.
Refreshment Break
Sponsored by Greenberg Traurig, LLP and Shook, Hardy & Bacon L.L.P
10:45-12:00 noon
Concurrent Sessions (3)
Decisions, Decisions: Investment Strategy
This panel will analyze the impact of recent decisions on investment strategy, including the use of restructuring support agreements and federal and state law remedies, as well as the litigation risk of recoveries absent a bankruptcy filing; the acceleration of debt maturities and redemption/“make whole” premiums; and the scope of § 546(e) “safe harbor” provisions.
Rachel Jaffe Mauceri, Moderator
Morgan, Lewis & Bockius LLP; Philadelphia
Teresa C. Kohl
SSG Capital Advisors, LLC; West Conshohocken, Pa.
Jeffrey N. Rothleder
Clark Hill PLC; Washington, D.C.
Hon. Stacey Meisel
U.S. Bankruptcy Court (D. N.J.); Newark
Kevin Clancy
CohnReznick LLP, Edison, New Jersey
A Unique Peek Inside Municipal Bankruptcy Cases
This panel will review some of the unique aspects of municipal bankruptcy cases, including the use of mediators, the role of a creditors’ committee and how committee professionals can be compensated, the involvement of state and federal laws and precedent for municipal bankruptcies, and the uncharted territory of Puerto Rico’s insolvency, as well as the potential impact on financially troubled states.
Robert M. Fishman, Moderator
Shaw Fishman Glantz & Towbin LLC; Chicago
Cate Long
Puerto Rico Clearinghouse; New York
Morgan L. Patterson
Womble Carlyle Sandridge & Rice, LLP; Wilmington, Del.
Turning the Page to the Next Chapter: Individual Chapter 11 Cases
This panel will review constitutional issues under § 1115 and the appointment of chapter 11 trustees, as well as debate whether conversion from chapter 7 to chapter 11 violates the 13th Amendment.
Scott D. Cousins, Moderator
Bayard, P.A.; Wilmington, Del.
Chantelle McClamb
Ballard Spahr LLP; Wilmington, Del.
Jeffrey C. Toole
Buckley King; Cleveland
Hon. Lori S. Simpson
U.S. Bankruptcy Court (D. Md.); Baltimore
12:00-1:00 p.m.
Family Picnic
Sponsored by Shaw Fishman Glantz & Towbin LLC
1:00 p.m.
Optional Event: Golf Tournament at Hershey Country Club’s West Course
Golf Holes sponsored by Protiviti Inc.
1:30 p.m.
Optional Event: Trap-Shooting Tournament
Sponsored by Sullivan Hazeltine Allinson LLC
5:30 p.m.-7:00 p.m.
Delaware State Bar Association Reception
Sponsored by the Delaware State Bar Association Bankruptcy Section
7:00-9:00 p.m.
A Taste of Hershey Dinner and Dancing (kid-friendly)
Dinner sponsored by CohnReznick, Polsinelli and Young Conaway Stargatt & Taylor, LLP
Entertainment sponsored by Equity Partners HG LLC and Morris James, LLPSaturday, August 5
7:30-8:00 a.m.
Breakfast
8:00-9:00 a.m.
Plenary Session
Judicial Debates
James E. Van Horn, Moderator
McGuireWoods LLP; Baltimore
Hon. Kevin Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Thomas Catliota
U.S. Bankruptcy Court (D. Md.); Greenbelt
Hon. Michael Kaplan
U.S. Bankruptcy Court (D. N.J.); Trenton
Hon. Richard Fehling
U.S. Bankruptcy Court (E.D. Pa.); Reading
9:15-10:30 a.m.
Plenary Session
Judicial Round-and-Round
Teresa C. Kohl, Moderator
SSG Capital Advisors, LLC; West Conshohocken, Pa.
Hon. Eugene R. Wedoff (Ret.)
Oak Park, Ill.
Hon. Christopher Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. David Rice
U.S. Bankruptcy Court (D. Md.); Baltimore
Hon. Michael Kaplan
U.S. Bankruptcy Court (D. N.J.); Trenton
Hon. Richard Fehling
U.S. Bankruptcy Court (E.D. Pa.); Reading
10:30-10:45 a.m.
Refreshment Break
Sponsored by McGuireWoods LLP
10:45-12:00 noon
Plenary Session
Ethics: Have I Gone Too Far?
Lawrence A. Katz, Moderator
Hirschler Fleischer; Tysons Corner, Va.
Brett D. Fallon
Morris James LLP; Wilmington, Del.
Nancy A. Valentine
Ice Miller LLP; Cleveland
Sara Temes
Bond, Schoeneck & King, PLLC, Syracuse
12:00 noon
Adjourn
To view the full program brochure, click here
Workshop Rates
Registration Rates* Early
(by 6/7/17)Regular
(6/8/17- 7/14/17)Late
(after 7/14/17)ABI Member$625$675$725Govt./Academic/Nonprofit ABI Member$345$395$445New ABI Member*$925$975$1025New Govt./Academic/Nonprofit ABI Member*$440$490$540* 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.
Exhibitor Rates
ABI Member Exhibitor Registration**$1,600New ABI Member Exhibitor Registration***$1,925Additional Booth Representative$500** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’table and full registration for one booth representative AND one-year ABI membership; you must be an ABI member to attend. Membership is individual and nonrefundable. Note: All exhibitor rates include the Opening Reception, Friday and Saturday Breakfasts and all refreshment breaks.
Optional Events
RateOpening ReceptionGuestChild (12 and under)
FREE to registrant$50$25Family Picnic$15Golf Tournament at Hershey's West CourseHandicap ____$165Trap-Shooting Tournament$110Friday Dinner & Dancing RegistrantGuestChild (12 and under)
$25$95$45Hershey Park Tickets AdultChild (ages 3-8) and Senior Citizen (ages 55-69)$40
$31
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.
2017 Mid-Atlantic Bankruptcy Workshop Sponsors
Special Thanks
We extend our special thanks to Barnes & Thornburg LLP for the printed pocket agendas, Miles & Stockbridge PC for the hotel key cards, Donlin, Recano & Company, Inc for the mobile app, East West Bank for the water bottles, Gavin/Solmonese LLC for daily e-newsletter, Getzler Henrich & Associates LLC for the conference lanyards Sherwood Partners, Inc./agencyIP for sponsoring the exhibit hall, and Wilmington Trust for the tote bags.
Conference Information
Hotel
One of the finest historic hotels in America, The Hotel Hershey is known for its refined elegance, signature service and highly rated amenities. Situated high atop the town of Hershey, Pa., this 1930s-era hotel has been recognized with both the Forbes Four-Star Award and the AAA Four-Diamond Award. Outfitted with indoor and outdoor swimming pools, cabana rentals, nightly family s’mores roasts, a full sports complex and more, the Hotel Hershey has something for every family member. ABI has arranged a special conference rate of $319 per night. Reservations must be made directly with the resort by June 11, 2017, to secure this special rate. You will receive a unique room reservation link after you have registered with ABI.
Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the June 11 cut-off or after the specially rated ABI block has been filled. The hotel may sell out, so please make your reservations accordingly.
Continuing Education Credit
7 hours of general CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 8 hours of general 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 in the amount of 7 hours, of which 1.25 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 8 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 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 in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 July 13, 2017. No refunds will be granted after July 13, but substitutions will be allowed. After July 13, 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.
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at the Hotel Hershey on Thursday, August 3rd, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by emailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
American Board of Certification Exams
Thursday, August 3, 2017, 9:00 a.m.-5:00 p.m. at The Hotel Hershey
Call (319) 365-2222 or e-mail [email protected]___Consumer Bankruptcy Exam
___Business Bankruptcy Exam
___Creditors’ Rights Exam ($125 exam fee)
Make check payable to: American Board of Certification and return with this clipping to: American Board of Certification, The American Building, 4403 1st Avenue SE, Suite 113, Cedar Rapids, IA 52402
___ Credit Card (Charge to acct. no. provided for conference)
A short form application and fee ($495) are also required prior to the exam. Please go to www.abcworld.org if you have not submitted the application.
Optional Events
Opening Reception
Thursday, August 3, 6:00 – 8:00 p.m.
Sponsored by Bond, Schoeneck & King PLLC, Cole Schotz P.C and SSG Capital Advisors, LLC
Bring the family along! The Opening Reception is included with registration; guest tickets are $50 per person and children (12 and under) are $25 each.
Family Picnic
Friday, August 4, 12:00 – 1:00 p.m.
Sponsored by Shaw Fishman Glantz & Towbin LLC
Before heading off to afternoon activities, join us for a picnic on the historic lawn of The Hotel Hershey. Tickets are $15 per person.
Final Night Dinner and Dancing
Friday, August 4, 7:00 – 9:00 p.m.
Dinner sponsored by CohnReznick, Polsinelli and Young Conaway Stargatt & Taylor, LLP
Entertainment sponsored by Equity Partners HG LLC and Morris James LLP
Enjoy an August night at The Hotel Hershey with a family-friendly evening of dinner and dancing. Kid-friendly entertainment will be provided. Tickets are $25 each for registrants, $95 for guests and $45 for children (12 and under).
Cocoa Kids Club
The Cocoa Kids Club is the perfect place for young vacationers (ages 5+) to make new friends and learn new skills, including tennis, basketball, swimming, arts and crafts and ice cream making. Kids can also visit the Children’s Garden and Butterfly House. Full-day (9:00 a.m.-4:00 p.m.) pricing is $75 per child and includes lunch; half-day (9:00 a.m.-1:00 p.m. or 12:00-4:00 p.m.) is $55 per child and includes lunch. Cocoa Clubhouse also offers an evening camp option from 5:00-9:00 p.m., which includes a meal and is $60 per child. To enroll your child(ren) in the Cocoa Kids Club, please call the Hotel Hershey directly at (717)-533-2171.
Golf Tournament at Hershey Country Club’s West Course
Friday, August 4, 1:00 p.m.
Protiviti Inc.
Hershey Country Club’s West Course provides a bird’s-eye view of the town – including play atop the hill on the front lawn of Milton Hershey’s estate, High Point Mansion. This par-73 course was designed in 1930 with tree-lined fairways, lush greens and challenging hazards. Green fees are $165 per person, which includes lunch and cart. Lunch will be provided at 12:00 noon. Please mark the appropriate box on the registration form, and indicate your handicap.
Trap-Shooting Tournament
Friday, August 4, 1:30 p.m.
Sponsored by Sullivan Hazeltine Allinson LLC
Both addictive and challenging, trap-shooting launches targets from a single ‘house’ or machine, generally away from the shooter. Instead of sinking a ball into a hole, shooters aim to break targets. All family members over 12 years of age can safely enjoy this energetic sport at the Palmyra Sportsmen’s Club. The $110 fee includes a boxed lunch, transportation and all tournament fees. Please mark the appropriate box on the registration form.
Discounted Tickets to Hershey Park
You can purchase discounted tickets to Hershey Park during your stay (tickets are general admission and can be used on any date through 2017). The cost per person is $40 for adults and $31 for children (ages 3-8) and senior citizens (ages 55-69); children 2 and under are free. Purchased tickets will be distributed at registration when you arrive at the hotel. Please mark the appropriate box on the registration form.
Workshop Chairs
Hon. Nancy V. Alquist, Judicial Chair
U.S. Bankruptcy Court (D. Md.); Baltimore
Hon. Laurie S. Silverstein, Judicial Chair
U.S. Bankruptcy Court (D. Del.); Wilmington
Thomas M. Horan, Co-Chair
Shaw Fishman Glantz & Towbin LLC; Wilmington, Del.
Teresa C. Kohl, Co-Chair
SSG Capital Advisors, LLC; West Conshohocken, Pa.
James E. Van Horn, Co-Chair
McGuireWoods LLP; Baltimore
Advisory Board
Robert S. Brady
Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.
Stuart M. Brown
DLA Piper; Wilmington, Del.
Kevin P. Clancy
CohnReznick LLP; Edison, N.J.
Scott D. Cousins
Bayard, P.A.; Wilmington, Del.
G. David Dean
Cole Schotz P.C.; Baltimore
Paul H. Deutch
Rust Omni; New York
Stephen A. Donato
Bond, Schoeneck & King PLLC; Syracuse, N.Y.
Linda V. Donhauser
Miles & Stockbridge P.C.; Baltimore
Louis J. Ebert
Rosenberg Martin Greenberg LLP; Baltimore
Brett D. Fallon
Morris James LLP; Wilmington, Del.
Mark E. Felger
Cozen O’Connor; Wilmington, Del.
Charles M. Forman
LeClairRyan; Newark, N.J.
Jason W. Harbour
Hunton & Williams LLP; Richmond, Va.
Michael R. Herz
Fox Rothschild LLP; Morristown, N.J.
Reginald W. Jackson
Vorys, Sater, Seymour and Pease LLP; Columbus, Ohio
Ericka F. Johnson
Womble Carlyle Sandridge & Rice, LLP; Wilmington, Del.
Laura D. Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Lawrence A. Katz
Hirschler Fleischer; Tysons Corner, Va.
Rachel J. Mauceri
Morgan, Lewis & Bockius LLP; Philadelphia
Erika L. Morabito
Foley & Lardner LLP; Washington, D.C.
Richard Newman
Alvarez & Marsal; Whitefish Bay, Wis.
David M. Powlen
Barnes & Thornburg LLP; Wilmington, Del.
Richard W. Riley
Duane Morris LLP; Wilmington, Del.
Michael J. Roeschenthaler
Whiteford Taylor Preston, LLP; Baltimore
Kenneth A. Rosen
Lowenstein Sandler LLP; Roseland, N.J.
Jeffrey N. Rothleder
Clark Hill PLC; Washington, D.C.
Jeffrey M. Schlerf
Fox Rothschild LLP; Wilmington, Del
Joseph L. Schwart
Riker Danzig Scherer Hyland & Perretti LLP; Morristown, N.J.
Natasha Songonuga
Gibbons P.C.; Wilmington, Del.
Stanley B. Tarr
Blank Rome LLP; Wilmington, Del.
Jeremy VanEtten
Gavin/Solmonese LLC; Wilmington, Del.
Robert A. Weber
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington, Del.
Christopher B. Wick
Hahn Loeser & Parks LLP; Cleveland
Diane E. Vuocolo
Greenberg Traurig, LLP; Philadelphia
Event Information 247683
Thursday, October 19
11:30 a.m - 12:00
Registration Open and Networking Lunch
12:00-12:15 p.m.
Welcome
Ian Williams
RSM Restructuring Advisory LLP, London
12:15-1:15 p.m.
INSOL International Panel Special Effects: The Theory and Practice of Special Insolvency Regimes
A panel discussion charting the emergence of special insolvency regimes in different jurisdictions and evaluating their effectiveness. Are industry or sector based specialist regimes the way forward?
Richard Heiss, Moderator
KPMG, London
Ron Silverman
Hogan Lovells, New York
Stefan Sax
Clifford Chance, Germany
Michael Murphy
McCann FitzGerald, Dublin
Michael Broeders
Freshfields Bruckhaus Deringer LLP, Amsterdam
1:15-2:15 p.m.
INSOL Europe - EC Directive Proposal on Preventive Restructuring
Nico Toolenaar, Moderator
RESOR - Office of Amsterdam, The Netherlands
Reinhard Dammann
Clifford Chance; France
William Day
Arthur Cox; Ireland
Alberto Nuñez-Lagos
Uría Menéndez; Spain
Stephen Taylor
Isonomy; U.K.
2:15-2:45 p.m.
Networking Break
2:45-3:45 p.m.
International Insolvency Institute – Scholar Led Panel on Cross-Border Practice Post-Brexit
Among the many issues that need to be negotiated between England and the EU for the Brexit to happen is the one dealing with restructuring and insolvency law. The U.K. has in recent years — due to its common membership in the European Insolvency Regulation regime — turned into a hotspot for foreign companies (and individuals) wanting to avail themselves of the English legal infrastructure for their recoveries. This scheme of arrangement — the companies’ voluntary arrangement in combination with the U.K.'s enormously efficient court system — has become highly attractive, since the decisions of English courts are generally recognized automatically throughout Europe. Brexit might change this and deprive other countries of what is currently a huge advantage (and source of income). It is also unclear what will happen with all those contracts under which non-U.K. parties have subjected themselves to English law; Brexit’s implications on them are likely to create enormous problems. This panel will discuss these complicated issues and more.
Christoph Paulus, Moderator
Humboldt-Universität zu Berlin, Berlin, Germany
Prof. Edward Janger
Brooklyn School of Law, New York
Monica Marcucci
Banca d’Italia,Rome
Riz Mokal
3/4 South Square, London
Prof. Ignacio Tirado
Autonoma University, Madrid (also consultant World Bank)
3:45-4:45 p.m.
Turnaround Management Association - Distressed Investing in the UK and Europe
This panel will look at the questions surrounding the typical life cycle of distressed investing in Europe. The panelists have a significant amount of experience in all aspects of the process, from choosing investments to structuring and funding to exiting the deal. Their insights, including the good, the bad and the ugly, should prove to be an informative and entertaining tour around a complex issue that nevertheless has a high degree of profit potential for those who get it right!
Christopher Hart, Moderator
BNP Paribas Commercial Finance, French Bank; London
Neil Gostelow
KPMG UK; London
Steven Geerlings
DLA Piper UK LLP, London
Tristan Nagler
AURELIUS Investments Ltd.; London
4:45-5:00 p.m.
Closing
5:00-6:30 p.m.
Opening Reception
Friday, October 20
8:30-9:00 a.m.
Breakfast and Registration
9:00-9:30 a.m.
Welcome Remarks
Ian Williams
RSM Restructuring Advisory LLP, London
Ted Gavin, ABI President—Elect
Gavin/Solmonese LLC; Wilmington, Del.
Annerose Tashiro, ABI Vice President—International Affairs
Schultze & Braun, Germany
9:30-10:15 a.m.
Keynote Address
Sir Ivan Rogers
former Permanent Representative of the United Kingdom to the European Union
Sir Ivan Rogers career in the U.K. civil service previously included work for British politicians Kenneth Clarke and Sir Leon Brittan, and he was chosen in 2003 to be Principal Private Secretary to then Prime Minister Tony Blair. From November 2013 to January 2017, Rogers took on the role of the U.K.’s Representative to the European Union in Brussels. Following the Brexit referendum in June 2016, Rogers resigned his position in January of this year to permit a smooth handover to his successor who would conduct the Brexit negotiations. His experience of the inner workings of the EU give him a unique insight into how the Brexit negotiations may play out and, coupled with his work in the Treasury and the City, he will be able to give our audience an intellectual view of how the land lies.
10:15-11:30 a.m.
“America Now” Panel
Jay Goffman, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP, New York
William Brandt
Development Specialists, Inc., New York
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.)
Al Togut
Togut, Segal & Segal LLP; New York
11:30 a.m.–Noon
Coffee Break
Noon-1:15 p.m.
Finance in the Brave New World – A Post Trump/Evaluation of Trends, Options and Opportunities for Distressed Financings
Jamie O'Connell, Moderator
JT Partners, New York
Patrick Armstrong
Goldman Sachs, New York
Van Durrer
Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles
Eric Hoffman
Centerbridge, New York
Matt Ross
KKR, New York
Nicholas Tally
Wilmington Trust, Minneapolis, MN
1:15-2:30 p.m.
Networking Lunch
2:30-3:30 p.m.
US/Ireland Restructurings – a Friendly Affair?
Hon. Mr. Justice Brian McGovern, Moderator
High Court, Dublin
Henry Baer
Finn Dixon Herling, New York
Tony O’Grady
Matheson, Dublin
Kieran Wallace
KPMG, Dublin
3:30-4:00 p.m.
Afternoon Tea
4:00-5:00 p.m.
Offshore Spotlight – Latest Developments in Law and Finance in the Offshore Jurisdictions
Jeremy Wessels, Moderator
Mourant Ozannes; Guernsey, England
Peter Hayden
Mourant Ozannes, Grand Cayman
Keiran Hutchison
Ernst & Young Ltd.; Cayman Islands
Adam Paul
Kirkland & Ellis LLP, Chicago
Jamie Toynton
Grant Thornton International Ltd.; Channel Islands
5:00-5:15 p.m.
Closing Remarks
Ian Williams
RSM Restructuring Advisory LLP, London, England
5:15-7:00 p.m.
Reception
Rates
Registration Rates Early
(postmarked by 9/15/17)Regular
(after 9/15/17)ABI Member$595$695New ABI Member*$690$790* Includes a one-year ABI International membership for members outside of North America only.
Programme Chair
Ian G. Williams
RSM Restructuring; London, England
Conference Information
Hotel
The Westin Dublin is a luxury 5 star accommodation located in the enviable location on on the doorstep of Trinity College Dublin and Grafton Street. The historic building dates back to the 1800s but has recently been refurbished to have a contemporary, chic & sophisticated feel. ABI has arranged a special conference rate of €325 for a classic queen room and €345 for a classic double room. In order to be eligible for the group rate, reservations may be made only once you have registered with ABI. Upon payment of the conference registration fees, you will receive hotel reservation information with your conference confirmation. Make your reservations by September 18, 2017, to reserve the special rate. Rooms are held on a first-come, first-served basis. ABI cannot guarantee any rooms after the specially rated ABI block is filled.
Continuing Education Credit
Approval for approximately 9.25 hours of CLE credit are pending in states calculating CLE on a 60-minute hour, and 11 hours of CLE credit are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 11 credit hours. 11 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 18, 2017. No refunds will be granted after September 18, but substitutions will be allowed. After September 18, 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.
Event Information 248194
Tuesday, August 22
Optional Event
A Night at the Ballpark
Sponsored by Conway MacKenzie, Inc.
Cincinnati Reds vs. Chicago Cubs
Gates Open: 5:40 p.m.
Opening Pitch: 7:10 p.m.Enjoy the game from the Great American Ballpark’s private Triple Play Suites, located on the ballpark’s third level down the left field line. Mingle comfortably indoors while enjoying access to an outdoor viewing deck with padded ballpark seating for prime views of the baseball action and the Ohio river. Tickets are $50 per person and include a Ballpark Buffet, unlimited soft drinks and two beers per person. Limited seating is available; please check the appropriate box on the registration form.
Wednesday, August 23
7:00 a.m.
Registration Desk and Exhibits Open
7:30-8:30 a.m.
Networking Breakfast
8:20-8:30a.m.
Welcome and Opening Remarks
8:30-9:30 a.m.
Case Law and Rules Update: Part I
This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.
William J. Rochelle, III
American Bankruptcy Institute; New York
9:30-10:30 a.m.
Making It Rain Without Getting Muddy: Developing Business the Ethical Way
This expert panel will discuss different approaches to business development, including lawyer advertising, law firm websites, social media, beauty contests and wining and dining, and factors that may influence the effectiveness of various approaches. Examples will be used to illustrate business-development methods and explain how the Model Rules of Professional Conduct apply to the methods being discussed.
Raymond J. Pikna, Jr., Moderator
Wood & Lamping LLP; Cincinnati
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Jeffrey N. Pomerantz
Pachulski Stang Ziehl & Jones LLP; Los Angeles
John M. Simms
Atkinson, Simms & Kermode PLLC; Lexington, Ky.
10:30 -11:00 a.m.
Networking Break
sponsored by Stoll Keenon Ogden PLLC
11:00 a.m.-12:00 noon
Restructuring Rules of the Road: Making the Right Decision as a Restructuring Professional
While financial and economic issues generally dictate whether a restructuring is likely to be successful, the success of a restructuring often will be meaningfully impacted, either positively or negatively, by more intangible factors that are at play. This presentation will examine the ways in which restructuring professionals, rather than the company’s balance sheet and industry outlook, may materially affect the restructuring landscape, including how such professionals approach financial and operational distress, prepare the restructuring game plan, communicate with the client and its stakeholders, and generally manage the restructuring process. Restructuring professionals’ adherence to applicable ethical obligations and professionalism best practices are critical to this process. Learn the essential “dos” and “don’ts” and other “rules of the road” for professionals in restructurings.
Stephen D. Lerner
Squire Patton Boggs; Cincinnati
12:00-1:30 p.m.
Luncheon Presentations
ABI Consumer Commission Forum
Join Hon. Eugene R. Wedoff (ret.), ABI President and member of the ABI Commission on Consumer Bankruptcy, for a discussion of the Commission’s recommendations for improving the consumer bankruptcy system within the existing structure. Attendees will have the opportunity to offer ideas and feedback on key issues, in advance of the Commission’s December 2018 release of its recommendations. To learn more about the ABI Commission on Consumer Bankruptcy, visit consumercommission.abi.org.
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
Luncheon Keynote: Reflections from the Bench & Practice
Join Judge Walter as he reflects on his more than 14 years on the bankruptcy bench. He’ll share his thoughts on building a successful practice, the importance of professionalism and ethical conduct, the duty of attorneys as officers of the court (and threats to that authority), and much more.
Hon. Lawrence S. Walter
U.S. Bankruptcy Court (S.D. Ohio); Dayton
1:30-2:30 p.m.
Concurrent Sessions (2)
Consumer Session
Everything You Always Wanted to Know About Foreclosures (but Were Too Busy to Ask)
This panel will present a detailed look at filing foreclosures, state law defenses and post-judgment foreclosure matters, and when to file bankruptcy in the process.
Pamela N. Maggied, Moderator
Pamela N. Maggied Co., L.P.A.; Columbus, Ohio
Brian D. Flick
The Dann Law Firm; Cincinnati
Wayne P. Novick
Wayne Novick and Associates; Dayton, Ohio
William L. Purtell
Lerner, Sampson & Rothfuss; Cincinnati
Commercial Session
How Will Jevic Change Chapter 11 Practice?
This panel features leading professionals in the chapter 11 practice area who were directly involved in the Jevic chapter 11 case, as well as a distinguished retired bankruptcy judge. This session will cover the underlying Jevic chapter 11 case, the Supreme Court’s opinion in Jevic and its impact on chapter 11 practice, and strategic alternatives in light of the decision.
Donald J. Rafferty, Moderator
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Daniel F. Dooley
MorrisAnderson; Chicago
Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
Jeffrey N. Pomerantz
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Rene S. Roupinian
Outten & Golden LLP; New York
2:30-3:30 p.m.
Concurrent Sessions (2)
Consumer Session
Interaction Between State and Bankruptcy Courts
This session will feature a discussion regarding the various bear traps and pitfalls of dealing with nonbankruptcy-related claims in the bankruptcy context. Issues will include how to avoid the bankruptcy court from dismissing your claim, the reasons that you would be estopped from challenging a claim, and when you should ask for relief to return to state court.
Michael B. Baker, Moderator
The Baker Firm PLLC; Fort Mitchell, Ky.
Stuart P. Brown
Stuart P. Brown, Attorney at Law; Covington, Ky.
Michael A. Galasso
Robbins, Kelly, Patterson & Tucker; Cincinnati
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Commercial Session
Enjoining the Future: Unknown Claims and the Limits of Due Process
This panel will examine the strategies for dealing with unknown claims in chapter 11, the limits that due process places on those strategies, and the impact that the Second Circuit’s recent decision in In re Motors Liquidation may have on those strategies going forward.
Robert G. Sanker, Moderator
Keating Muething & Klekamp PLL; Cincinnati
Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
Natalie D. Ramsey
Montgomery McCracken Walker Rhoads LLP; Delaware, Pa.
3:30-3:45 p.m.
Refreshment Break
3:45-4:45 p.m.
Concurrent Sessions (2)
Consumer Session
Complex Tax Issues
This session will present an in-depth analysis of the interplay among tax law, liquidation and bankruptcy. The panelists will examine some of the tax traps that exist for an individual when business obligations remain unpaid in a closure or bankruptcy, as well as how to use an insolvency defense to defeat phantom K-1 and 1099 income.
Eric W. Goering, Moderator
Goering & Goering, LLC; Cincinnati
Bethany J. Hamilton
Office of the U.S. Attorney; Columbus, Ohio
Terry Serena
Serena Law LLC; Cincinnati
Commercial Session
How to Heal a Hospital
In this session, the panelists will discuss the unique operational issues that arise when guiding a hospital or health care agency through the bankruptcy or restructuring process, including calculation and collection of account receivables through Medicare and private insurance, proper maintenance of patient records, and the sale and transfer of operational licenses and patient lists. We will also discuss the impact of the Affordable Care Act on health care operations, and what might be expected in future restructurings in today’s political climate.
Ellen Arvin Kennedy, Moderator
Dinsmore & Shohl LLP; Lexington, Ky.
Adam M. Back
Stoll Keenon & Ogden PLLC; Lexington, Ky.
Shawn M. Riley
McDonald Hopkins LLC; Cleveland
Lori Ritchey-Baldwin
St. Elizabeth Healthcare; Fort Mitchell, Ky.
5:00-6:30 p.m.
Networking Reception
sponsored by Squire Patton Boggs
Thursday, August 24
7:00 a.m.
Registration Desk and Exhibits Open
7:30-8:30 a.m.
Networking Breakfast
Sponsored by New Growth Advisors
8:20-8:30a.m.
Welcome and Opening Remarks
8:30-9:30 a.m.
Case Law and Rules Update: Part II
William J. Rochelle, III
American Bankruptcy Institute; New York
9:30-10:30 a.m.
Judicial Town Hall
The participating judges will respond to questions submitted from attendees in advance of the event.
J. Michael Debbeler, Moderator
Graydon Head & Ritchey LLP; Cincinnati
Hon. Beth A. Buchanan
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Hon. C. Kathryn Preston
U.S. Bankruptcy Court (S.D. Ohio); Columbus
Hon. Jessica Price Smith
U.S. Bankruptcy Court (N.D. Ohio); Cleveland
10:30-11:00 a.m.
Networking Break
sponsored by Allen Kuehnle Stovall & Neuman LLP
11:00-12:00 noon
Concurrent Sessions (2)
Consumer Session
FDCPA/FCRA Class Actions: Strategies and Pitfalls
This session will provide an in-depth look at recognizing these types of claims and determining when and how to file the actions.
Lori A. Schlarman, Moderator
Adams, Stepner, Woltermann & Dusing, PLLC; Hebron, Ky.
Christian A. Jenkins
Minnillo & Jenkins Co., LPA; Cincinnati
Hon. C. Kathryn Preston
U.S. Bankruptcy Court (S.D. Ohio); Columbus
Matthew T. Sanning
Sanning & Sanning, PSC; Falmouth, Ky.
Robert R. Sparks
Strauss Troy Co., LPA; Cincinnati
Commercial Session
Officer and Director Issues in Bankruptcy Cases
In recent years, fiduciary duties have dominated the landscape of bankruptcy cases. Often, claims against officers and directors are the only source of recovery for unsecured creditors. This panel will examine recent trends and case law impacting officers and directors in bankruptcy cases. The panel will also discuss best practices for counsel representing debtor officers and directors.
Ronald E. Gold, Moderator
Frost Brown Todd LLC; Cincinnati
Dan A. Bailey
Bailey Cavalieri LLC; Columbus, Ohio
Paige L. Ellerman
Frost Brown Todd LLC; Cincinnati
Hon. Guy R. Humphrey
U.S. Bankruptcy Court (S.D. Ohio); Dayton
W. Timothy Miller
Taft Stettinius & Hollister LLP; Cincinnati
12:00-1:30 p.m.
Luncheon
12:30-1:30 p.m.
Luncheon Presentation
Public and Governmental Policies in the Trump Administration in the Financial Services ArenaWith President Trump in the White House and Republicans in control of both chambers of Congress, dramatic shifts may be coming to the insolvency industry. In this presentation, we will examine the potential impact of executive orders, legislative action, and other policy developments – including tax reform – that could affect insolvency practitioners.
Matthew D. Cutts
Squire Patton Boggs; Washington, D.C.
1:30-2:30 p.m.
Economics 101
Join this nationally renowned speaker for an overview of our national economic outlook, along with some possible risk factors that could impact the forecast, and household balance sheets in particular.
Dan White
Moody’s Analytics; West Chester, Pa.
2:30-3:30 p.m.
Great Debates
Timothy J. Hurley, Moderator
Taft Stettinius & Hollister LLP; Cincinnati
Resolved: Passively holding an asset of the estate in the face of a demand for turn-over violates the stay. (I swear, Your Honor, I didn’t do anything!)
Casey M. Cantrell Swartz
Taft Stettinius & Hollister LLP; Cincinnati
Robert A. Goering
Goering & Goering, LLC; Cincinnati
Resolved: Gift plans violate the Bankruptcy Code and are outlawed by Jevic. (Is it really a birthday without the gifts?)
William J. Rochelle, III
American Bankruptcy Institute; New York
Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
Resolved: A trustee should be permitted to avoid transfers occurring many years prior to the petition date by stepping into the shoes of “special” creditors such as the IRS or the FDIC pursuant to § 544(b). (I’m Baaaack!!!)
Robert G. Sanker
Keating Muething & Klekamp PLL; Cincinnati
Henry E. Menninger, Jr.
Wood & Lamping LLP; Cincinnati
3:30 p.m.
Adjourn
To view the full program brochure, click here
Conference Information
Hotel
A block of rooms at the Westin Cincinnati is being held on a first-come, first-served basis. The special room rate is $179 per night; reservations must be made by July 25, 2017, to secure the special rate. Reservations may be made online (www.starwoodmeeting.com/Book/MRBS2017) or by calling the Westin reservations center at 800-Westin1 and asking to be placed in the specially rated ABI/MRBS block. ABI cannot guarantee anyone a room after the block is filled. [Overlooking historic Fountain Square, the Westin Cincinnati boasts an outstanding location in the heart of Cincinnati's bustling central business district and downtown's vast array of restaurants, shops, theaters and sporting events.]
Transportation
The Cincinnati/Northern Kentucky International Airport (CVG) is located approximately 12 miles/20 minutes from the Westin Cincinnati.
Conference Attire
Business casual attire is requested, though not required.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by August 2, 2017. No refunds will be granted after August 2, but substitutions will be allowed. After August 2, 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*
Midwest Regional Bankruptcy Seminar: Midwest Regional Bankruptcy Seminar: Approval for approximately 13.5 hours of CLE credit, including 2 hours of ethics, is pending in states calculating CLE on a 60-minute hour, which include Indiana, Kentucky, Ohio and Pennsylvania, and 15.5 hours of CLE credit, including 2 hour of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 15.5 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. 15.5 hours of CPE credit, including 1 hour of ethics, are also available.
Midwest Regional Bankruptcy Consumer Program: Approval for approximately 13.5 hours of CLE credit, including 2 hours of ethics, is pending in states calculating CLE on a 60-minute hour, which include Indiana, Kentucky, Ohio and Pennsylvania, and 15.5 hours of CLE credit, including 2 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 15.5 credit hours, of which 2 hours of credit can be applied toward the ethics professionalism requirement. 15.5 hours of CPE credit, including 2 hours of ethics, are also available.
* ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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 [email protected].
Seminar Chairs
Hon. Beth A. Buchanan, Judicial Co-Chair
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Hon. Jeffery P. Hopkins, Judicial Co-Chair
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Stephen D. Lerner, Program Chair
Squire Patton Boggs; Cincinnati
Seminar Advisory Board
Michael B. Baker
The Baker Firm PLLC; Fort Mitchell, Ky.
Michael L. Baker
Ziegler & Schneider P.S.C.; Covington, Ky.
T. Kent Barber
Barber Law PLLC; Lexington, Ky.
Edward J. Boll, III
Lerner Sampson & Rothfuss LPA; Cincinnati
Marchand Boyd
East West Bank; Delaware, Ohio
J. Michael Debbeler
Graydon Head & Ritchey LLP; Cincinnati
Patricia J. Friesinger
Coolidge Wall Co., L.P.A.; Dayton, Ohio
Eric W. Goering
Goering & Goering, LLC; Cincinnati
Ronald E. Gold
Frost Brown Todd LLC; Cincinnati
Timothy J. Hurley
Taft Stettinius & Hollister LLP; Cincinnati
Ellen Arvin Kennedy
Dinsmore & Shohl LLP; Lexington, Ky.
Monica V. Kindt
Assistant U.S. Trustee; Cincinnati
William B. Logan, Jr.
Luper Neidenthal & Logan; Columbus, Ohio
Pamela N. Maggied
Pamela N. Maggied Co., L.P.A.; Columbus, Ohio
Jeffrey A. Marks
Vorys, Sater, Seymour and Pease LLP; Cincinnati Ohio
John B. Pidcock
Conway MacKenzie, Inc.; Dayton, Ohio
Raymond J. Pikna, Jr.
Wood & Lamping LLP; Cincinnati
Donald J. Rafferty
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Erin C. Renneker
Harold Jarnicki & Associates; Lebanon, OH
Robert G. Sanker
Keating Muething & Klekamp PLL; Cincinnati
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington, Ky.
Lori A. Schlarman
Adams, Stepner, Woltermann & Dusing, PLLC; Covington, Ky.
Hon. Jessica E. Price Smith
U.S. Bankruptcy Court (N.D. Ohio); Cleveland
Casey M. Cantrell Swartz
Taft Stettinius & Hollister LLP; Cincinnati
2017 Midwest Regional Bankruptcy Seminar Sponsors
Headline Sponsors
Conway MacKenzie
Squire Patton Boggs
Platinum Sponsors
Frost Brown Todd LLC
Vorys, Sater, Seymour and Pease LLP
Silver Sponsors
New Growth Advisors
Bronze Sponsors
Adams, Stepner, Woltermann & Dusing
Allen Kuehnle Stovall & Neuman LLP
Cohen, Todd, Kite & Stanford, LLC
Coolidge Wall Co., PA
Dinsmore & Shohl LLP
East West Bank
Goering & Goering, LLC
Graydon Head & Ritchey LLP
Keating Muething & Klekamp LLP
Lerner Sampson & Rothfuss
Luper Neidenthal & Logan
Stoll Keenon Ogden
Taft Stettinius & Hollister LLP
Wood & Lamping LLP
Ziegler & Schneider P.S.C.
Special Thanks
We extend our special thanks to Donlin Recano & Company, Inc., an AST Company for sponsoring the conference app, Gavin/Solmonese LLC for the daily e-newsletter, Grant Thornton for the conference lanyards and Wilmington Trust for the tote bags.
2017 Midwest Regional Bankruptcy Seminar Registration Rates
Regular
(postmarked by 7/14/17)Late
(after 7/14/17)ABI Member $425 $495 New ABI Member* $520 $590 Govt./Aca. ABI Member $125 $150 Govt./Aca. New ABI Member*
$220 $245 Consumer Pracitioner Pricing ABI Member $295 $345 New ABI Member* $390 $440 * Includes a one-year membership for first-time members only — a $325 value! Expired members will be prompted online to renew or will be invoiced. for their membership renewal. You must be an ABI member to attend the conference.
Consumer Practitioners: To receive the special registration rate, you must register via this link.
Exhibitor Rates
ABI Member Exhibitor Registration**$625New ABI Member Exhibitor Registration***$720Additional Booth Representative$95** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’ table, full registration for one booth representative AND a one-year ABI membership.
Optional Events Rates
Cincinnati Reds vs. Chicago Cubs$50Wednesday Networking ReceptionFreeWednesday Networking Reception Guest$40ABI 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.
Event Information 248258
Tuesday, August 22
Optional Event
A Night at the Ballpark
Cincinnati Reds vs. Chicago Cubs
Gates Open: 5:40 p.m.
Opening Pitch: 7:10 p.m.Enjoy the game from the Great American Ballpark’s private Triple Play Suites, located on the ballpark’s third level down the left field line. Mingle comfortably indoors while enjoying access to an outdoor viewing deck with padded ballpark seating for prime views of the baseball action and the Ohio river. Tickets are $50 per person and include a Ballpark Buffet, unlimited soft drinks and two beers per person. Limited seating is available; please check the appropriate box on the registration form.
Wednesday, August 23
7:00 a.m.
Registration Desk and Exhibits Open
7:30-8:30 a.m.
Networking Breakfast
8:20-8:30a.m.
Welcome and Opening Remarks
8:30-9:30 a.m.
Case Law and Rules Update: Part I
This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.
William J. Rochelle, III
American Bankruptcy Institute; New York
9:30-10:30 a.m.
Making It Rain Without Getting Muddy: Developing Business the Ethical Way
This expert panel will discuss different approaches to business development, including lawyer advertising, law firm websites, social media, beauty contests and wining and dining, and factors that may influence the effectiveness of various approaches. Examples will be used to illustrate business-development methods and explain how the Model Rules of Professional Conduct apply to the methods being discussed.
Raymond J. Pikna, Jr., Moderator
Wood & Lamping LLP; Cincinnati
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Jeffrey N. Pomerantz
Pachulski Stang Ziehl & Jones LLP; Los Angeles
John M. Simms
Atkinson, Simms & Kermode PLLC; Lexington, Ky.
10:30 -11:00 a.m.
Networking Break
sponsored by Stoll Keenon Ogden PLLC
11:00 a.m.-12:00 noon
Restructuring Rules of the Road: Making the Right Decision as a Restructuring Professional
While financial and economic issues generally dictate whether a restructuring is likely to be successful, the success of a restructuring often will be meaningfully impacted, either positively or negatively, by more intangible factors that are at play. This presentation will examine the ways in which restructuring professionals, rather than the company’s balance sheet and industry outlook, may materially affect the restructuring landscape, including how such professionals approach financial and operational distress, prepare the restructuring game plan, communicate with the client and its stakeholders, and generally manage the restructuring process. Restructuring professionals’ adherence to applicable ethical obligations and professionalism best practices are critical to this process. Learn the essential “dos” and “don’ts” and other “rules of the road” for professionals in restructurings.
Stephen D. Lerner
Squire Patton Boggs; Cincinnati
12:00-1:30 p.m.
Luncheon Presentations
ABI Consumer Commission Forum
Join Hon. Eugene R. Wedoff (ret.), ABI President and member of the ABI Commission on Consumer Bankruptcy, for a discussion of the Commission’s recommendations for improving the consumer bankruptcy system within the existing structure. Attendees will have the opportunity to offer ideas and feedback on key issues, in advance of the Commission’s December 2018 release of its recommendations. To learn more about the ABI Commission on Consumer Bankruptcy, visit consumercommission.abi.org.
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
Luncheon Keynote: Reflections from the Bench & Practice
Join Judge Walter as he reflects on his more than 14 years on the bankruptcy bench. He’ll share his thoughts on building a successful practice, the importance of professionalism and ethical conduct, the duty of attorneys as officers of the court (and threats to that authority), and much more.
Hon. Lawrence S. Walter
U.S. Bankruptcy Court (S.D. Ohio); Dayton
1:30-2:30 p.m.
Concurrent Sessions (2)
Consumer Session
Everything You Always Wanted to Know About Foreclosures (but Were Too Busy to Ask)
This panel will present a detailed look at filing foreclosures, state law defenses and post-judgment foreclosure matters, and when to file bankruptcy in the process.
Pamela N. Maggied, Moderator
Pamela N. Maggied Co., L.P.A.; Columbus, Ohio
Brian D. Flick
The Dann Law Firm; Cincinnati
Wayne P. Novick
Wayne Novick and Associates; Dayton, Ohio
William L. Purtell
Lerner, Sampson & Rothfuss; Cincinnati
Commercial Session
How Will Jevic Change Chapter 11 Practice?
This panel features leading professionals in the chapter 11 practice area who were directly involved in the Jevic chapter 11 case, as well as a distinguished retired bankruptcy judge. This session will cover the underlying Jevic chapter 11 case, the Supreme Court’s opinion in Jevic and its impact on chapter 11 practice, and strategic alternatives in light of the decision.
Donald J. Rafferty, Moderator
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Daniel F. Dooley
MorrisAnderson; Chicago
Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
Jeffrey N. Pomerantz
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Rene S. Roupinian
Outten & Golden LLP; New York
2:30-3:30 p.m.
Concurrent Sessions (2)
Consumer Session
Interaction Between State and Bankruptcy Courts
This session will feature a discussion regarding the various bear traps and pitfalls of dealing with nonbankruptcy-related claims in the bankruptcy context. Issues will include how to avoid the bankruptcy court from dismissing your claim, the reasons that you would be estopped from challenging a claim, and when you should ask for relief to return to state court.
Michael B. Baker, Moderator
The Baker Firm PLLC; Fort Mitchell, Ky.
Stuart P. Brown
Stuart P. Brown, Attorney at Law; Covington, Ky.
Michael A. Galasso
Robbins, Kelly, Patterson & Tucker; Cincinnati
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Commercial Session
Enjoining the Future: Unknown Claims and the Limits of Due Process
This panel will examine the strategies for dealing with unknown claims in chapter 11, the limits that due process places on those strategies, and the impact that the Second Circuit’s recent decision in In re Motors Liquidation may have on those strategies going forward.
Robert G. Sanker, Moderator
Keating Muething & Klekamp PLL; Cincinnati
Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
Natalie D. Ramsey
Montgomery McCracken Walker Rhoads LLP; Delaware, Pa.
3:30-3:45 p.m.
Refreshment Break
3:45-4:45 p.m.
Concurrent Sessions (2)
Consumer Session
Complex Tax Issues
This session will present an in-depth analysis of the interplay among tax law, liquidation and bankruptcy. The panelists will examine some of the tax traps that exist for an individual when business obligations remain unpaid in a closure or bankruptcy, as well as how to use an insolvency defense to defeat phantom K-1 and 1099 income.
Eric W. Goering, Moderator
Goering & Goering, LLC; Cincinnati
Bethany J. Hamilton
Office of the U.S. Attorney; Columbus, Ohio
Terry Serena
Serena Law LLC; Cincinnati
Commercial Session
How to Heal a Hospital
In this session, the panelists will discuss the unique operational issues that arise when guiding a hospital or health care agency through the bankruptcy or restructuring process, including calculation and collection of account receivables through Medicare and private insurance, proper maintenance of patient records, and the sale and transfer of operational licenses and patient lists. We will also discuss the impact of the Affordable Care Act on health care operations, and what might be expected in future restructurings in today’s political climate.
Ellen Arvin Kennedy, Moderator
Dinsmore & Shohl LLP; Lexington, Ky.
Adam M. Back
Stoll Keenon & Ogden PLLC; Lexington, Ky.
Shawn M. Riley
McDonald Hopkins LLC; Cleveland
Lori Ritchey-Baldwin
St. Elizabeth Healthcare; Fort Mitchell, Ky.
5:00-6:30 p.m.
Networking Reception
sponsored by Squire Patton Boggs
Thursday, August 24
7:00 a.m.
Registration Desk and Exhibits Open
7:30-8:30 a.m.
Networking Breakfast
8:20-8:30a.m.
Welcome and Opening Remarks
8:30-9:30 a.m.
Case Law and Rules Update: Part II
William J. Rochelle, III
American Bankruptcy Institute; New York
9:30-10:30 a.m.
Judicial Town Hall
The participating judges will respond to questions submitted from attendees in advance of the event.
J. Michael Debbeler, Moderator
Graydon Head & Ritchey LLP; Cincinnati
Hon. Beth A. Buchanan
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Hon. C. Kathryn Preston
U.S. Bankruptcy Court (S.D. Ohio); Columbus
Hon. Jessica Price Smith
U.S. Bankruptcy Court (N.D. Ohio); Cleveland
10:30-11:00 a.m.
Networking Break
sponsored by Allen Kuehnle Stovall & Neuman LLP
11:00-12:00 noon
Concurrent Sessions (2)
Consumer Session
FDCPA/FCRA Class Actions: Strategies and Pitfalls
This session will provide an in-depth look at recognizing these types of claims and determining when and how to file the actions.
Lori A. Schlarman, Moderator
Adams, Stepner, Woltermann & Dusing, PLLC; Hebron, Ky.
Christian A. Jenkins
Minnillo & Jenkins Co., LPA; Cincinnati
Hon. C. Kathryn Preston
U.S. Bankruptcy Court (S.D. Ohio); Columbus
Matthew T. Sanning
Sanning & Sanning, PSC; Falmouth, Ky.
Robert R. Sparks
Strauss Troy Co., LPA; Cincinnati
Commercial Session
Officer and Director Issues in Bankruptcy Cases
In recent years, fiduciary duties have dominated the landscape of bankruptcy cases. Often, claims against officers and directors are the only source of recovery for unsecured creditors. This panel will examine recent trends and case law impacting officers and directors in bankruptcy cases. The panel will also discuss best practices for counsel representing debtor officers and directors.
Ronald E. Gold, Moderator
Frost Brown Todd LLC; Cincinnati
Dan A. Bailey
Bailey Cavalieri LLC; Columbus, Ohio
Paige L. Ellerman
Frost Brown Todd LLC; Cincinnati
Hon. Guy R. Humphrey
U.S. Bankruptcy Court (S.D. Ohio); Dayton
W. Timothy Miller
Taft Stettinius & Hollister LLP; Cincinnati
12:00-1:30 p.m.
Luncheon
12:30-1:30 p.m.
Luncheon Presentation
Public and Governmental Policies in the Trump Administration in the Financial Services Arena
With President Trump in the White House and Republicans in control of both chambers of Congress, dramatic shifts may be coming to the insolvency industry. In this presentation, we will examine the potential impact of executive orders, legislative action, and other policy developments – including tax reform – that could affect insolvency practitioners.
Matthew D. Cutts
Squire Patton Boggs; Washington, D.C.
1:30-2:30 p.m.
Economics 101
Join this nationally renowned speaker for an overview of our national economic outlook, along with some possible risk factors that could impact the forecast, and household balance sheets in particular.
Dan White
Moody’s Analytics; West Chester, Pa.
2:30-3:30 p.m.
Great Debates
Timothy J. Hurley, Moderator
Taft Stettinius & Hollister LLP; Cincinnati
Resolved: Passively holding an asset of the estate in the face of a demand for turn-over violates the stay. (I swear, Your Honor, I didn’t do anything!)
Casey M. Cantrell Swartz
Taft Stettinius & Hollister LLP; Cincinnati
Robert A. Goering
Goering & Goering, LLC; Cincinnati
Resolved: Gift plans violate the Bankruptcy Code and are outlawed by Jevic. (Is it really a birthday without the gifts?)
William J. Rochelle, III
American Bankruptcy Institute; New York
Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
Resolved: A trustee should be permitted to avoid transfers occurring many years prior to the petition date by stepping into the shoes of “special” creditors such as the IRS or the FDIC pursuant to § 544(b). (I’m Baaaack!!!)
Robert G. Sanker
Keating Muething & Klekamp PLL; Cincinnati
Henry E. Menninger, Jr.
Wood & Lamping LLP; Cincinnati
3:30 p.m.
Adjourn
To view the full program brochure, click here
Conference Information
Hotel
A block of rooms at the Westin Cincinnati is being held on a first-come, first-served basis. The special room rate is $179 per night; reservations must be made by July 25, 2017, to secure the special rate. Reservations may be made online (www.starwoodmeeting.com/Book/MRBS2017) or by calling the Westin reservations center at 800-Westin1 and asking to be placed in the specially rated ABI/MRBS block. ABI cannot guarantee anyone a room after the block is filled. [Overlooking historic Fountain Square, the Westin Cincinnati boasts an outstanding location in the heart of Cincinnati's bustling central business district and downtown's vast array of restaurants, shops, theaters and sporting events.]
Transportation
The Cincinnati/Northern Kentucky International Airport (CVG) is located approximately 12 miles/20 minutes from the Westin Cincinnati.
Conference Attire
Business casual attire is requested, though not required.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by August 2, 2017. No refunds will be granted after August 2, but substitutions will be allowed. After August 2, 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*
Midwest Regional Bankruptcy Seminar: Midwest Regional Bankruptcy Seminar: Approval for approximately 13.5 hours of CLE credit, including 2 hours of ethics, is pending in states calculating CLE on a 60-minute hour, which include Indiana, Kentucky, Ohio and Pennsylvania, and 15.5 hours of CLE credit, including 2 hour of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 15.5 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. 15.5 hours of CPE credit, including 1 hour of ethics, are also available.
Midwest Regional Bankruptcy Consumer Program: Approval for approximately 13.5 hours of CLE credit, including 2 hours of ethics, is pending in states calculating CLE on a 60-minute hour, which include Indiana, Kentucky, Ohio and Pennsylvania, and 15.5 hours of CLE credit, including 2 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 15.5 credit hours, of which 2 hours of credit can be applied toward the ethics professionalism requirement. 15.5 hours of CPE credit, including 2 hours of ethics, are also available.
* ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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 [email protected].
Seminar Chairs
Hon. Beth A. Buchanan, Judicial Co-Chair
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Hon. Jeffery P. Hopkins, Judicial Co-Chair
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Stephen D. Lerner, Program Chair
Squire Patton Boggs; Cincinnati
Seminar Advisory Board
Michael B. Baker
The Baker Firm PLLC; Fort Mitchell, Ky.
Michael L. Baker
Ziegler & Schneider P.S.C.; Covington, Ky.
T. Kent Barber
Barber Law PLLC; Lexington, Ky.
Edward J. Boll, III
Lerner Sampson & Rothfuss LPA; Cincinnati
Marchand Boyd
East West Bank; Delaware, Ohio
J. Michael Debbeler
Graydon Head & Ritchey LLP; Cincinnati
Patricia J. Friesinger
Coolidge Wall Co., L.P.A.; Dayton, Ohio
Eric W. Goering
Goering & Goering, LLC; Cincinnati
Ronald E. Gold
Frost Brown Todd LLC; Cincinnati
Timothy J. Hurley
Taft Stettinius & Hollister LLP; Cincinnati
Ellen Arvin Kennedy
Dinsmore & Shohl LLP; Lexington, Ky.
Monica V. Kindt
Assistant U.S. Trustee; Cincinnati
William B. Logan, Jr.
Luper Neidenthal & Logan; Columbus, Ohio
Pamela N. Maggied
Pamela N. Maggied Co., L.P.A.; Columbus, Ohio
Jeffrey A. Marks
Vorys, Sater, Seymour and Pease LLP; Cincinnati, Ohio
John B. Pidcock
Conway MacKenzie, Inc.; Dayton, Ohio
Raymond J. Pikna, Jr.
Wood & Lamping LLP; Cincinnati
Donald J. Rafferty
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Erin C. Renneker
Harold Jarnicki & Associates; Lebanon, OH
Robert G. Sanker
Keating Muething & Klekamp PLL; Cincinnati
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington, Ky.
Lori A. Schlarman
Adams, Stepner, Woltermann & Dusing, PLLC; Covington, Ky.
Hon. Jessica E. Price Smith
U.S. Bankruptcy Court (N.D. Ohio); Cleveland
Casey M. Cantrell Swartz
Taft Stettinius & Hollister LLP; Cincinnati
2017 Mid-Atlantic Bankruptcy Workshop Sponsors
Headline Sponsors
Squire Patton Boggs
Conway MacKenzie
Platinum Sponsors
Frost Brown Todd LLC
Vorys, Sater, Seymour and Pease LLP
Silver Sponsors
New Growth Advisors
Bronze Sponsors
Allen Kuehnle Stovall & Neuman LLP
Adams, Stepner, Woltermann & Dusing
Cohen, Todd, Kite & Stanford, LLC
Coolidge Wall Co., PA
Dinsmore & Shohl LLP
Goering & Goering, LLC
East West Bank
Graydon Head & Ritchey LLP
Keating Muething & Klekamp LLP
Lerner Sampson & Rothfuss
Luper Neidenthal & Logan
Stoll Keenon Ogden
Taft Stettinius & Hollister LLP
Wood & Lamping LLP
Ziegler & Schneider P.S.C.
Special Thanks
We extend our special thanks to Donlin Recano & Company, Inc., an AST Company for sponsoring the conference app, Gavin/Solmonese LLC for the daily e-newsletter, Grant Thornton for the conference lanyards and Wilmington Trust for the tote bags.
2017 Midwest Regional Bankruptcy Seminar Registration Rates
Regular
(postmarked by 7/14/17)Late
(after 7/14/17)Consumer Workshop ONLY Pricing ABI Member $295 $345 New ABI Member* $390 $440 * Includes a one-year membership for first-time members only — a $325 value! Expired members will be prompted online to renew or will be invoiced. for their membership renewal. You must be an ABI member to attend the conference.
Exhibitor Rates
ABI Member Exhibitor Registration**$625New ABI Member Exhibitor Registration***$720Additional Booth Representative$95** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’ table, full registration for one booth representative AND a one-year ABI membership.
Optional Events Rates
Cincinnati Reds vs. Chicago Cubs$50Wednesday Networking ReceptionFreeWednesday Networking Reception Guest$40ABI 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.
Event Information 249130
Wednesday, September 13
7:30 a.m.
Registration Opens
8:00-9:15 a.m.
Welcome and WSJ Pro Bankruptcy Breakfast Briefing
Navigating Retail's Woes
There have been numerous retailer bankruptcies so far in 2017 — from The Limited to Gymboree — and more are expected as the industry grapples with the consumer shift to online shopping. During this session, Lillian Rizzo of the Wall Street Journal will lead a discussion on the biggest issues facing retailers, and how advisers, investors and the companies themselves are navigating these difficult times. The panelists will look at the biggest issues faced by companies when they seek bankruptcy protection — as well as situations in which retailers were able to stave off a bankruptcy filing.
Robert McMahon
Encina Business Credit LLC, Chicago, Ill.
Perry Mandarino
B. Riley & Co., LLC, New York
9:15-10:30 a.m.
Plenary Session
Potpourri: Mediation, Opportunities for Young Lawyers, and the Role of Delaware Counsel
This judges' panel will include a discussion of various aspects of mediation, the judges' views on developing and encouraging younger lawyers, and a discussion of the important role served by Delaware lawyers when acting as local counsel.
Mark Minuti, Moderator
Saul Ewing LLP; Wilmington
Hon. Brendan L. Shannon, Chief Judge
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Kevin Gross
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Laurie Selber Silverstein
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Mary F. Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington
10:30-10:45 a.m.
Refreshment Break
10:45-12:00 noon
Plenary Session
A Tale of Two Business Courts
This panel will discuss the similarities and differences of judicial approaches in Delaware’s two most prominent business courts: Chancery and Bankruptcy. The panelists will discuss how the different courts approach their reviews of transactions and the statutory interpretations for two statute-driven practices, and how an appellate court views the two courts.
Mark S. Chehi, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington
Hon. Brendan L. Shannon, Chief Judge
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Joseph R. Slights III, Vice Chancellor
Delaware Court of Chancery
Hon. Kent A. Jordan, Circuit Judge
U.S. Court of Appeals (3d Cir.); Wilmington
Paul J. Lockwood
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington
12:00-1:30 p.m.
Luncheon and Plenary Session: Reflections on Delaware's Largest Ch. 11 Case
Stacey Doré
Hunt Utility Services and InfraREIT; Dallas
Former Exec. V.P. and General Counsel EFH
Chad J. Husnick
Kirkland & Ellis LLP; Chicago
1:30-1:45 p.m.
Networking Break
1:45-2:45 p.m.
Concurrent Sessions (3)
Young Lawyers Track: Nuts & Bolts on First-Day Motions
This panel will consider issues related to the preparation and presentation of first-day motions, including strategies for guiding the company through the pre-filing process, efficient and timely collection of relevant data, and the presentation of necessary information to the court.
Paul N. Heath, Moderator
Richards, Layton & Finger, PA; Wilmington
Hon. Laurie Selber Silverstein
U.S. Bankruptcy Court (D. Del.); Wilmington
Walter Brown
FTI Consulting, Inc., Dallas, TX
Debra A. Dandeneau
Baker & McKenzie LLP; New York
Sunny Singh
Weil, Gotshal & Manges LLP; New York
Mid-Level Track: Time for Trial: Presenting Evidence in Contested Matters Before Bankruptcy Courts
This panel will explore presenting evidence in contested matters before bankruptcy courts, including laying proper evidentiary foundations, attacking evidentiary foundations, common evidentiary objections, and strategic considerations in presenting or contesting evidence in a contested matter before a bankruptcy court — along with insight from an experienced judge on the most effective strategies and judicial preferences.
Donald J. Detweiler, Moderator
Pepper Hamilton LLP; Wilmington
Hon. Brendan L. Shannon, Chief Judge
U.S. Bankruptcy Court (D. Del.); Wilmington
Patrick J. Neligan, Jr.
Neligan LLP; Dallas
Melissa S. Kibler
Mackinac Partners, Chicago
Catherine L. Steege
Jenner & Block; Chicago
Experienced Practitioners Track: Trends in Secured Financing, DIP Lending, Cash Collateral and Exit Financing
This panel will discuss current trends and recent decisions in cash collateral usage, debtor-in-possession financings and exit financings, including strategies for effectively negotiating such financing arrangements, best practices and addressing common objections.
Robert J. Dehney, Moderator
Morris, Nichols, Arsht & Tunnell LLP; Wilmington
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Matthew Barr
Weil, Gotshal & Manges LLP; New York
Dimitri G. Karcazes
Goldberg Kohn Ltd.; Chicago
2:45-3:00 p.m.
Networking Break
3:00-4:00 p.m.
Concurrent Sessions (3)
Young Lawyers Track: Best Practices for Motion and Brief Drafting
This panel will discuss the best practices for drafting motions and briefs and presenting those filings to the court when they are contested and uncontested. The panelists also will discuss the pitfalls to avoid when drafting motions and briefs and presenting those pleadings to the court.
Kate Stickles, Moderator
Cole Schotz P.C.; Wilmington
Hon. Mary F. Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington
Leah M. Eisenberg
Foley & Lardner LLP; New York
James E. Van Horn
McGuireWoods LLP; Baltimore
Mid-Level Track: Career-Development Paths
This session will focus on providing a framework to help mid-level professionals develop a plan for advancement in the bankruptcy and restructuring industry, including best practices for developing and maintaining client relationships, creating a personal brand, navigating intra-firm politics, identifying opportunities for growth, and the use of business and personal networks to achieve career goals.
Christopher M. Samis, Moderator
Whiteford Taylor Preston, LLP; Wilmington
Hon. Kevin Gross
U.S. Bankruptcy Court (D. Del.); Wilmington
Seth Van Aalten
Cooley LLP; New York
Peter Kravitz
Province, Inc.; Henderson, Nev.
Sarah Link Schultz
Akin Gump Strauss Hauer & Feld LLP; Dallas
Experienced Practitioners Track: Hot Topics in Advanced Restructuring
This panel will discuss some of the latest issues and recent decisions arising in mid-sized to large cases, including the sale of assets, plan confirmation issues, the appointment of multiple committees and case dismissal.
Laura Davis Jones, Moderator
Pachulski Stang Ziehl & Jones LLP; Wilmington
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
Timothy Coleman
PJT Partners Inc.; New York
Marc Kieselstein
Kirkland & Ellis LLP; Chicago
Jeffery J. Stegenga
Alvarez & Marsal; Dallas
4:00-4:15 p.m.
Networking Break
4:15-5:15 p.m.
Plenary Session
"Get to Know the Judges" Panel Featuring Practice Pointers, Ethics Dos and Don'ts, and Delaware "Folk Law"
In this second all-judges panel, the six sitting Delaware bankruptcy judges will discuss dos and don'ts, Delaware practice tips and judicial preferences, and other topics related to Delaware "folk law." The panel will also include a "getting to know you" session with the judges that will provide insight into just what makes the judges tick.
Joseph M. Barry, Moderator
Young Conaway Stargatt & Taylor, LLP; Wilmington
Hon. Brendan L. Shannon, Chief Judge
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Kevin Gross
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Laurie Selber Silverstein
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Mary F. Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington
5:15-6:45 p.m.
Networking Reception
To view the full program brochure, click here
Conference Rates
Registration Rates* Early
(postmarked by 8/9/17)Regular
(after 8/9/17)ABI Member/DSBA Member$325$375Govt./Nonprofit/Aca. ABI Member$95$95New ABI Member*$620$670New Govt./Nonprofit/Aca. ABI Member*$190$190Note: If you are a DSBA member please email [email protected] to have your registration processed at the DSBA member rate. You will not be able to access this rate via the registration portal.
* Includes a one-year ABI membership for first-time members — a $325 value! You must be an ABI Member/DSBA Member to attend. Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership renewal fee.
Exhibitor Rates
ABI Member Exhibitor Registration**$1,000New ABI Member Exhibitor Registration***$1,325Additional 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; you must be an ABI member to attend. Membership is individual and nonrefundable.
Note: All exhibitor rates include the breakfast and all refreshment breaks.
Conference Information
Hotel
Located in the heart of downtown Wilmington, Del., the luxurious Hotel du Pont offers guests comfort and the latest technology set within Wilmington’s financial and legal district. Conveniently located just two hours from New York and Washington, D.C., 60 minutes from Baltimore and 25 minutes from Philadelphia International Airport, the historic Hotel du Pont is a well-known retreat in the Mid-Atlantic corridor. ABI has arranged a special conference rate of $249 per night. Reservations must be made directly with the hotel by August 15, 2017, to secure the special rate. When calling the hotel, be sure to mention the American Bankruptcy Institute.
Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the August 15 cut-off or after the specially rated ABI block has been filled. The hotel may sell out, so please make your reservations accordingly.
Continuing Education Credit
7 hours of general CLE credit, including 1 hour of ethics, are pending in states calculating CLE on a 60-minute hour, and 8 hours of general CLE credit, including 1 hour of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 8 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. 8 hours of CPE credit, including 1 hour of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. 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 more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 August 23, 2017. No refunds will be granted after August 23, but substitutions will be allowed. After August 23, 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.
Chairs
Jeremy W. Ryan, Co-Chair
Potter Anderson & Corroon LLP; Wilmington
Kimberly A. LaMaina, Co-Chair
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington
Hon. Christopher S. Sontchi, Judicial Chair
U.S. Bankruptcy Court (D. Del.); Wilmington
Advisory Board
Matt Barr
Weil, Gotshal & Manges LLP, New York
Joseph Barry
Young Conaway Stargatt & Taylor, LLP; Wilmington
Mark S. Chehi
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington
Debra A. Dandeneau
Baker & McKenzie LLP; New York
Robert J. Dehney
Morris, Nichols, Arsht & Tunnell LLP; Wilmington
Donald J. Detweiler
Pepper Hamilton LLP; Wilmington
Leah M. Eisenberg
Foley & Lardner LLP; New York
Paul N. Heath
Richards, Layton & Finger, PA; Wilmington
Thomas M. Horan
Shaw Fishman Glantz & Towbin LLC; Wilmington
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington
Dimitri G. Karcazes
Goldberg Kohn Ltd.; Chicago
Peter Kravitz
Province, Inc.; Henderson, Nev.
Mark Minuti
Saul Ewing LLP; Wilmington
Eric J. Monzo
Morris James LLP; Wilmington
Marion M. Quirk
Cole Schotz P.C.; Wilmington
Christopher M. Samis
Whiteford Taylor Preston, LLP; Wilmington
Sarah Link Schultz
Akin Gump Strauss Hauer & Feld LLP; Dallas
Catherine L. Steege
Jenner & Block; Chicago
Seth Van Aalten
Cooley LLP; New York
James E. Van Horn
McGuireWoods LLP; Baltimore
Jeremy VanEtten
Gavin/Solmonese LLC; Wilmington
Event Information 249324
Thursday, September 7
9:00 a.m.
Optional Event
Golf Tournament at Coronado Golf Course
9:00 a.m.-5:00 p.m.
American Board of Certification Exams
10:00 a.m.
Optional Event
Tour of the Aircraft Carrier Midway
3:00-6:00 p.m.
ABI Registration Desk Open
6:00-7:30 p.m.
Opening Reception
Sponsored by Bentham IMF, Development Specialists, Inc., Grant Thornton LLP and KCC
7:30-11:00 p.m.
Southwest Tequila Tasting
Click here for more information
Friday, September 8
7:00 a.m.-5:00 p.m.
ABI Registration Desk Open
7:30-8:00 a.m.
Networking Breakfast
Sponsored by Greenberg Traurig, LLP
8:00-9:30 a.m.
Very Good Debates
John W. Lucas, Moderator
Pachulski Stang Ziehl & Jones LLP; San Francisco
Judicial Debate
Resolved: A debtor must obtain a judgment under chapter 5 of the Bankruptcy Code before it may invoke disallowance of a claim under section 502(d).
Pro: Hon. Brenda Moody Whinery
U.S. Bankruptcy Court (D. Ariz.); Tucson
Con: Hon. Eugene Wedoff (ret.)
Sole Practitioner; Oak Park, Ill.
President, ABIBusiness Debate
Resolved: Cure and reinstatement of a credit agreement under 1124(2) requires the payment of default interest.
Pro: Dillon E. Jackson
Foster Pepper, LLP; Seattle
Con: Joshua D. Morse
DLA Piper LLP; San Francisco
Consumer Debate
Resolved: Flat fees that are earned upon receipt may not be recovered by chapter 7 trustee upon the rejection of the fee agreement.
Pro: Cody Jess
Schian Walker; Phoenix
Con: Tiffany Carroll
Office of the U.S. Trustee, Region 15; San Diego
9:30-9:45 a.m.
Coffee Break
Sponsored by Polsinelli
9:45-11:00 a.m.
Concurrent Sessions (3)
Third Party Litigation Funding and Issues It Creates in Bankruptcy Cases—This Ain't Your Father’s Contingency Fee Arrangement!
The panel will discuss myriad issues (including ethical issues) that have arisen, and will likely arise in the future, as the current trend of third party litigation funding begins to be a more common funding vehicle in bankruptcy cases.
Thomas J. Salerno, Moderator
Stinson Leonard Street LLP; Phoenix
Justin Brass
Jefferies LLC, New York
David Gallagher
Bentham IMF; Los Angeles
Hon. Barbara Houser
U.S. Bankruptcy Court (N.D. Tex.); Dallas
Jordan Kroop
Perkins Coie LLP; Phoenix
Technology in the Courtroom
Demonstration on how to best use technology when presenting your case in Bankruptcy Court. This panel will include various “how to” demonstrations that include presenting exhibits, highlighting exhibits, etc. Plus, how to best use electronic links in briefs for case citation and other references.
Anthony Austin, Moderator
Fennemore Craig; Phoenix
Matthew Bordwin
Keen-Summit Capital; New York
Ted Burr
Henry and Horne, Phoenix
Hon. Margaret Mann
U.S. Bankruptcy Court (S.D. Calif.); San Diego
Consumer Track
Update on Consumer Bankruptcies
This panel will provide a survey of recent issues in consumer bankruptcy that include stale debts and SCOTUS’ opinion in Midland Funding, LLC v. Johnson, collateral litigation — unfair debt collection, truth in lending, choice of forum, community property issues, the impact of BAPCPA, the UST audits, the heightened standard for debtor counsel, the “debt collector” notice and other burdens imposed by Congress, and recovering attorneys’ fees on unsuccessful creditor actions in bankruptcy court.
Brian Shapiro, Moderator
The Law Office of Brian Shapiro; Las Vegas
Claire Ann Resop
Swanson Resop LLP; Madison, Wis.
Andrea Coles-Bjerre
University of Oregon School of Law; Eugene
Hon. Brian Lynch
U.S. Bankruptcy Court (W.D. Wash.); Tacoma
11:00-11:15 a.m.
Coffee Break
Sponsored by Pachulski Stang Ziehl & Jones LLP
11:15 a.m.-12:30 p.m.
Concurrent Sessions (3)
Survey of the Supreme Court’s Recent and Lasting Decisions
This panel will discuss recent Supreme Court bankruptcy decisions, the lasting impact of others that continue to affect the restructuring practice, and predictions about future issues that the Court will or should consider.
Jeff Pomerantz, Moderator
Pachulski Stang Ziehl & Jones LLP; Los Angeles
ABI Past PresidentG. Eric Brunstad, Jr.
Dechert, LLP; Hartford, Conn.
Whitman Holt
Klee Tuchin; Los Angeles
Hon. Laura Taylor
U.S. Bankruptcy Court (S.D. Calif.); San Diego
Case Administration in the 21st Century — How to Use Tech to Run Cases More Efficiently
This panel will discuss lessons learned from leveraging technology in administering mega-, mid-size and small chapter 11 cases. The panelists will discuss and demonstrate the use of technology in administering chapter 11 cases, including submission of e-proofs of claim and e-ballots, electronic noticing and solicitation, case administration websites, and electronic claims reconciliation. The panel will also address how to improve the efficiency of using such technologies within the context of small or mid-size chapter 11 cases.
Steven D. Jerome, Moderator
Snell & Wilmer L.L.P.; Phoenix
Evan J. Gershbein
Kurtzman Carson Consultants; Los Angeles
Jeff Allsteadt
Clerk of the Court, U.S. Bankruptcy Court (N.D. Ill.); Chicago
Erin McKeighan
Alvarez & Marsal North America, LLC; Chicago
Hon. Elaine Hammond
U.S. Bankruptcy Court (N.D. Calif.); San Jose
Consumer Track
Avoiding Malpractice and Other Common Pitfalls in Consumer Cases
Panel will highlight practice risks that include debtor and creditor viewpoints. The topics will include: tracking and anticipating obvious and unknown deadlines, appreciating inherent conflicts that may pose ethical problems as well as critical path obstacles to hidden conflicts of interest, springing conflicts of interest, undisclosed client expectations creating dissatisfaction with the process and outcome, and underestimating expense and delay leading to crisis of payment and inability to effectuate strategy.
Ford Elsaesser, Moderator
Elsaesser Jarzabek Anderson, Sandpoint, Idaho
James F. Kahn
Kahn & Ahart, PLLC; Phoenix
Stephen Berken
Stephen Berken Law; Denver
Hon. Deborah Saltzman
U.S. Bankruptcy Court (C.D. Calif.); Los Angeles
12:30-1:30 p.m.
Networking Luncheon
Sponsored by Allen Barnes & Jones, PLC
1:30-2:45 p.m.
Concurrent Sessions (3)
Short Arguments on Interesting Chapter 11 Topics
This panel will consist of four short "moot court/pro-con" presentations on current chapter 11 issues, with the Judge to be a “hot bench” and also give his insights at the conclusion of each segment.
Jason Brookner, Moderator
Gray Reed & McGraw, PC; Dallas
Steve Berger
Engelman Berger, P.C.; Phoenix
Ted Dillman
Latham & Watkins, LLP; Los Angeles
Tamara McGrath
FTI Consulting, Inc.; Los Angeles
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Calif.); Woodland Hills
Avoiding Malpractice and Other Common Pitfalls in a Commercial Restructuring Case
Learn from others’ mistakes and experiences. The panel will share tips and painful lessons on anticipating and avoiding ethical and legal problems in business restructuring cases.
Robert M. Charles, Jr., Moderator
Lewis Roca; Las Vegas
Sam Newman
Gibson Dunn; Los Angeles
Brad Sharp
Development Specialists, Inc.; Los Angeles
Hon. Dan Collins
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Consumer Track
Intersection Between Bankruptcy and Family Law
Panel will provide an overview of the intersection between bankruptcy and family law. The discussion will include the effects on property of the estate when one spouse does not file, community and separate property issues, scope of automatic stay, collection against non-debtor spouse, and other related family law issues as they intersect with bankruptcy.
Leslie Cohen, Moderator
Leslie Cohen Law PC; Los Angeles
Christopher Celentino
Dinsmore & Shohl LLP, San Diego
David Gottlieb
David Gottlieb & Associates; Los Angeles
Hon. Eddward P. Ballinger, Jr.
U.S. Bankruptcy Court (D. AZ); Phoenix
2:45-3:15 p.m.
Refreshment Break
Sponsored by Proskauer
3:15-4:30 p.m.
Plenary Session
Sub-Par Performers: Restructuring Challenges in the Golf Course Industry
The once booming golf course industry has resorted to bankruptcy as a way to address operational and liquidity issues. This panel explores the financial challenges facing America’s golf courses and selected restructuring issues that debtors and creditors face in their attempts to reorganize.
James Patrick Shea, Moderator
Armstrong Teasdale; Las Vegas
Jeffrey Reisner
Irell & Manella; Newport Beach, Calif.
Dan Williams
Fenix Financial Forensics, LLC; Phoenix
Holly Estes
Estes Law; Reno, Nev.
Hon. Bruce Beesley
U.S. Bankruptcy Court (D. Nev.); Reno
4:30-5:30 p.m.
Happy Hour
Saturday, September 9
8:00 a.m.-12:00 noon
ABI Registration Desk Open
8:30-9:00 a.m.
Networking Breakfast
Sponsored by Spencer Fane LLP
9:00-10:15 a.m.
Hotcakes and Hot Topics: Judges’ Roundtable Q&A
This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country. The judges will share their thoughts and perspectives, as well as take questions from the audience, on topics of current interest in both business and consumer cases.
Randy Nussbaum, Moderator
Nussbaum Gillis & Dinner PC; Scottsdale, Ariz.
10:15-10:30 a.m.
Coffee Break
10:30-11:45 a.m
Plenary Session
Ethics Panel
Recent court decisions on legal ethics of which you should be aware. Come join an interactive discussion on the latest examples of unethical behavior — you may be surprised by what you hear.
Steve Berman, Moderator
Shumaker; Tampa, Fla
Robbin L. Itkin
Liner LLP; Los Angeles
Edward T. Gavin
Gavin/Solmonese, LLC; Wilmington, Del.
Hon. Scott Clarkson
U.S. Bankruptcy Court (C.D. Calif.); Santa Ana
Conference Information
Hotel
The Hotel del Coronado is an iconic destination at the Pacific’s edge just minutes from downtown San Diego. Built in 1888 and designated a National Historic Landmark in 1977, the Del has been the proud host to celebrities, royalty and beach-loving guests for generations. Experience the timeless charm and casual elegance of this classic Southern California resort. ABI has arranged a special conference rate of $294 per night. To secure the special rate, reservations must be made directly with the resort by August 5, 2017. 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 San Diego International Airport (SAN).
Conference Attire
Attire is casual throughout the conference.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice is received in writing by August 17, 2017. No refunds will be made if notice is received after August 17, although substitutions will be allowed. After August 17, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for the same conference next year.
Continuing Education
9 hours of CLE credit, including 2.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and approval for 10.5 hours of CLE credit, including 3 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 10.5 hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 9 hours, of which 2.5 hours will apply to ethics. 10.5 hours of CPE credit, including 3 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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 complaints and refunds, 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 email to [email protected].
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its Business Bankruptcy, Consumer Bankruptcy and Creditors’ Rights exams at the Hotel del Coronado on Thursday, September 7, 2017, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by emailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
Optional Events
Golf Tournament at Coronado Golf Course
Thursday, September 7, 9:00 a.m.
Rated as one of the best public golf courses in the nation, this par 72 course is a must-play for all golfers and is conveniently located less than a mile from the Hotel del Coronado. The $125 tournament fee includes all greens fees and a continental breakfast. Please mark the appropriate box on the registration form, and indicate your handicap.
Midway Aircraft Carrier Tour
Thursday, September 7, 10:00 a.m.
Imagine experiencing life at sea on board one of America’s longest-serving aircraft carriers. Enjoy a docent-led walking tour, following in the footsteps of 225,000 Midway sailors who served our country. The tour lasts one hour but you can stay and enjoy the ship and the museum as long as you wish. Tickets for this event are $30 per person. Please mark the appropriate box on the registration form.
Judicial Chair
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
John W. Lucas
Pachulski Stang Ziehl & Jones LLP; San Francisco
Randy Nussbaum
Nussbaum Gillis & Dinner, P.C.; Scottsdale, Ariz.
Sponsorship Chair
Bradley D. Sharp
Development Specialists, Inc.; Los Angeles
Advisory Board
Mark Andrews
Dykema Cox SmithDallas, TX
Thomas H. Allen
Allen Barnes & Jones, PLC; Phoenix
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Hon. Bruce T. Beesley
U.S. Bankruptcy Court (D. Nev.); Reno
Jason S. Brookner
Gray Reed & McGraw, P.C.; Dallas
Louis M. Bubala, III
Kaempfer Crowell; Reno, Nev.
Alissa Brice Castaneda
Quarles & Brady, Phoenix, AZ
Rob Charles
Lewis Roca Rothgerber Christie LLP; Tucson, Ariz.
Dawn M. Cica
Mushkin - Cica - Coppedge; Las Vegas
David D. Cleary
Greenberg Traurig, LLP; Phoenix
Patrick A. Clisham
Engelman Berger, PC; Phoenix
Ford Elsaesser
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho
Scott D. Fleming
Armstrong Teasdale LLP; Las Vegas
Gregory E. Garman
Garman Turner Gordon LLP; Las Vegas
David M. Guess
Klee Tuchin Bogdanoff & Stern
Peter J. Gurfein
Landau Gottfried & Berger LLP; Los Angeles
Oren Buchanan Haker
Stoel Rives LLPPortland, OR
Hon. Elaine Hammond
U.S. Bankruptcy Court,Northern District of California
Douglas E. Himmel
Melville Capital; Venice, Calif.
Andrew Hinkelman
FTI Consulting, Inc., San Francisco, CA
Nicole Horton
EY; Los Angeles
Paul S. Jasper
Rimon Law, San Francisco
Steven D. Jerome
Snell & Wilmer L.L.P.; Phoenix
Cody Jess
Schian Walker,Phoenix, AZ
Lance N. Jurich
Loeb & Loeb LLP; Los Angeles
Jordan A. Kroop
Perkins Coie LLP; Phoenix
Heather A. LaSalle
McGlinchey Stafford PLLC; New Orleans
Nile Leatham
Kolesar & Leatham; Las Vegas
Jeff Nerland
SierraConstellation Partners LLC; Los Angeles
Mark A. Platt
McGuireWoods LLP; Dallas
Justin E. Rawlins
Winston & Strawn LLP; Los Angeles
Cathy L. Reece
Fennemore Craig, P.C.; Las Vegas
Jeffrey M. Reisner
Irell & Manella LLP; Los Angeles
Justin Sabin
Bryan Cave,Phoenix, AZ
Robert K. Sahyan
Sheppard, Mullin, Richter & Hampton LLP; San Francisco
Thomas J. Salerno
Stinson Leonard StreetPhoenix, AZ
Samuel A. Schwartz
Schwartz Flansburg PLLC; Las Vegas
Victor A. Vilaplana
Foley & Lardner, LLPSan Diego, CA
Nellwyn Voorhies-Kantak
Donlin RecanoSan Diego, CA
Christopher J. Wells
Alvarez & Marsal; Phoenix
Daniel R. Williams
Fenix Financial Services, LLC; Scottsdale, Ariz.
John T. Young, Jr.
Conway MacKenzie, Inc.; Houston
Hon. Gregg W. Zive
U.S. Bankruptcy Court (D. Nev.); Reno
Platinum
Bentham IMF
Conway MacKenzie, Inc.
Deloitte CRG
Development Specialists, Inc.
FTI Consulting, Inc.
Grant Thornton LLP
Greenberg Traurig, LLP
KCC
Gold
Allen Barnes & Jones, PLC
Cohn Reznick LLP
CR3 Partners
Perkins Coie LLP
Stoel Rives LLPWilmington Trust
Silver
Alvarez and Marsal-NACR
Donlin, Recano & Company, Inc.Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.
Engelman Berger, PC
Gavin/Solmonese LLC
Imperial Capital, LLC
Pachulski Stang Ziehl & Jones LLP
Polsinelli
Proskauer
Sacks Tierney P. A.
Spencer Fane LLP
Bronze
Berkeley Research Group, LLC (BRG)
Fennemore Craig, P.C.
GCG
Kaempfer Crowell
Klee, Tuchin, Bogdanoff & Stern LLP
Latham & Watkins LLP
McGlinchey Stafford PLLC
Navigant Capital Advisors
Sherwood Partners, Inc.
Sullivan Hill Lewin Rez & Engel
Special Thanks
We extend our special thanks to Conway MacKenzie for the conference lanyards, Deloitte CRG for the conference wi-fi, Donlin, Recano & Company, Inc for the mobile app, Gavin/Solmonese LLC for daily e-newsletter, Klee, Tuchin, Bogdanoff & Stern LLP for the cell phone charging station, Sherwood Partners, Inc./agencyIP for sponsoring the exhibit hall, Stoel Rives LLP for the conference materials on USB drives and Wilmington Trust for the tote bags.
Registration Rates
Registration Rates Early Bird
(postmarked by 6/23/17)Regular
(6/24/17-8/17/17)Late
(after 8/17/17)ABI Member$625$675$725ABI Govt./Nonprofit ABI Member$345$395$445New ABI Member*$895$945$995Govt./Nonprofit New ABI Member*$440$490$540ON-SITE FEE
ABI Member$795New ABI Member$1,090* 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.
Optional Events
Opening ReceptionOpening Reception GuestFree$75Golf Tournament at Coronado Golf CourseHandicap ________$125Midway Tour$30Happy HourHappy Hour GuestFree$50Event Information 249559
Tuesday, October 17
7:30-8:15 a.m.
Registration and Continental Breakfast
8:15-8:30 a.m.
Welcome Remarks
David R. Kuney, Program Chair
Whiteford Taylor Preston, LLP; Washington, D.C.
Jill Castleman, Executive Director of Academic Conferences and Continuing Legal Education
Georgetown Law CLE; Washington, D.C.
Samuel J. Gerdano, Executive Director
American Bankruptcy Institute; Alexandria, Va.
8:30-9:30 a.m.
Confirmation Roundtable
This session will cover a number of recent confirmation hot topics, including structured dismissals and the absolute priority rule (In re Jevic Holding Corp.), interpretation of the Trust Indenture Act (Marblegate Asset Management v. Education Management Corp.), frontloading notice in prepacks (In re Roust Corp.), permissibility of nonconsensual third-party releases (In re Millennium Lab Holdings II LLC), and cross-border confirmations (Nortel Networks).
Jay M. Goffman, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Mary Joanne Dowd, Facilitator
Arent Fox LLP; Washington, D.C.
9:30-10:30 a.m.
The Future of Retail Bankruptcies
An unprecedented number of retailers have filed for bankruptcy so far this year. Indeed, as of June 1 there have been more significant retail bankruptcies than in all of 2016, setting a potential record course for 2017, including The Limited, rue21, Payless, Gymboree, hhGregg, Gander Mountain and Ignite Restaurants (Joe's Crab Shack). Has the strategy changed from § 363 sales and liquidations to pre-2005 reorganizations? Will the sheer greater number of potential filings doom malls? Will mall owners and their tenants be filing for bankruptcy? What could the domino effect be on landlords? Can brick-and-mortar stores cement their positions and stem the tide of bankruptcies? Will the Aeropostale paradigm of landlord investment become more common? Will factors and other lenders be caught in the downward spiral? Will there be recoveries for the unsecured creditors in cash or equity? Can Black Friday sales save retail? This panel discussion will cover a wide spectrum of legal and practical insights into each of these topics.
David L. Pollack, Moderator
Ballard Spahr LLP; Philadelphia
Hon. Clifton R. Jessup, Jr.
U.S. Bankruptcy Court (N.D. Ala.); Decatur
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Wendelin I. Lipp
U.S. Bankruptcy Court (D. Md.); Greenbelt
Melanie L. Cyganowski, Facilitator
Otterbourg P.C.; New York
10:30-10:45 a.m.
Networking Break
Sponsored by BakerHostetler
10:45-11:45 a.m.
Dealing with Directors and Officers
In many bankruptcy cases, unhappy creditors look for someone to blame — and for a source of recovery when the debtors’ assets are not sufficient. Claims against directors and officers — often alleging conflicts of interest or second-guessing business judgments — can serve both purposes, and the existence of insurance coverage makes these claims even more attractive. This panel will discuss D&O claims from both the estates' and defendants’ perspectives, and will review recent case law you need to know about if you are involved in a D&O litigation.
Michael L. Bernstein, Moderator
Arnold & Porter LLP; Washington, D.C.
Hon. Kevin Huennekens
U.S. Bankruptcy Court (E.D. Va.); Richmond
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. S. Martin Teel, Jr.
U.S. Bankruptcy Court (D. D.C.); Washington, D.C.
Dion Hayes, Facilitator
McGuire Woods LLP; Richmond
11:45 a.m.-1:00 p.m.
Working Lunch: Breakouts 1-3
Sponsored by Pachulski Stang Ziehl & Jones LLP
A facilitator will lead additional discussions from the three morning panels, providing a unique opportunity for attendees to follow up on the morning’s topics in small groups over lunch with the judicial faculty.
1:00-2:00 p.m.
Great Debates
Craig Goldblatt, Moderator
WilmerHale; Washington, D.C.
Resolved: Third party releases should never be permitted.
Pro: Hon. Michael E. Wiles
U.S. Bankruptcy Court (S.D.N.Y.); New York
Con: Hon. Mary Grace Diehl
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Resolved: Jevic does not apply to gifting.
Pro: Norman N. Kinel
Squire Patton Boggs; New York
Con: Nan Eitel
Executive Office of the U.S. Trustee; Washington, D.C.
2:00-3:00 p.m.
Special Issues Involving LLC
This panel will discuss the viability of bankruptcy remote LLC structures after Intervention Energy Holdings and Lake Michigan Beach Pottawattamie Resort, and the fiduciary duties of members. The panel will also explore derivative claims, special concerns regarding single-member LLCs, and sales of LLC interests.
Martin J. Bienenstock, Moderator
Proskauer; New York
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Rosemary Gambardella
U.S. Bankruptcy Court (D. N.J.); Newark, N.J.
Hon. Michelle Harner
U.S. Bankruptcy Court (D. Md.); Baltimore
Hon. Marvin Isgur
U.S. Bankruptcy Court (S.D. Texas); Houston
Cecily A. Dumas, Facilitator
Pillsbury Winthrop Shaw Pittman LLP; San Francisco
3:00-3:30 p.m.
Networking Break
Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP
3:30-4:30 p.m.
Tech Tock, Tech Tock: New Technologies and the Countdown to Your Ethical Demise
Social media and other new technologies are part of the legal landscape, and it’s all charging forward — but the ethics rules are struggling to keep up. Sure, there are obvious concerns that everyone is talking about (like confidentiality (Rule 1.1)), but there are hidden hazards that few people consider (trial publicity (Rule 3.6) concerns — really?). Join “the CLE Performer” Stuart Teicher and legal ethics counsel Erika Stillabower as they discuss ethics opinions from across the country, and their impact on Rules 1.3 (diligence) and 7.2 (advertising), in a substantive-but-amusing manner.
Erika Stillabower
The District of Columbia Bar; Washington, D.C.
Stuart I. Teicher
Georgetown University Law Center; Washington, D.C.
4:30-5:30 p.m.
Cocktail Reception
To view the full program brochure, click here
Conference Information
Hotel Reservations
A block of rooms has been held at the Hyatt Regency Washington on Capitol Hill for October 16-17, 2017, and will be honored until Monday, September 18, 2017. These rooms will be held as a blockon a first-come, first-served basis until the above date, at which time they will be released to the general public. Be sure to mention the “Bankruptcy: Views from the Bench/Georgetown CLE or click here to receive the room rate below
Hyatt Regency Washington on Capitol Hill
400 New Jersey Avenue, NW
Washington, DC 20001
(202) 737-1234
(800) 233-1234
washingtonregency.hyatt.com
Room Rate: $285 per night
The hotel is approximately two blocks from the Law Center.Disclaimer
Speakers are subject to change.
Services for People with Special Needs or Dietary Restrictions
Call (202) 662-9890 or email [email protected] with your requests.
Scholarships
Please apply online at www.georgetowncle.org, or submit written requests by 5:00 p.m. on September 26, 2017, to: Scholarship Committee, Georgetown CLE, 600 New Jersey Ave., N.W., Washington, DC 20001, or fax to (202) 662-9891.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by September 26, 2017. No refunds will be made if notice is received after September 16, although substitutions will be allowed. After September 26, upon written request, a coupon for 20% off the registration fee will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
CLE Credit
Accreditation has been or will be requested for this program from states with mandatory Continuing Legal Education requirements for 6 CLE credits (based on a 60-minute hour) and 7.2 CLE credits (based on a 50-minute hour). Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown Law CLE is a State Bar of California-approved MCLE provider. Some states require nominal accreditation fees, and you will be asked to submit payment at the program’s conclusion. If you have any questions about CLE, please contact Georgetown Law CLE at (202) 662-9890.
CPE Credit
Georgetown Law CLE 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 Avenue North, Suite 700, Nashville, TN, 37219-2417, www.nasba.org.
Course Level
Overview, group live, no prerequisites or advanced preparation required; Up to 7.0 CPE credits, including credits in Specialized Knowledge and Regulatory Ethics.
Program Location
Georgetown University Law Center
Hart Auditorium, First Floor
600 New Jersey Avenue, NW
Washington, DC 20001
IMPORTANT: All visitors to the Law Center must enter through the second floor entrance facing New Jersey Avenue.
Parking Information
Due to the limited amount of parking available, the Georgetown University Law Center cannot provide parking for programs held there. Disabled persons may make arrangements to park at the Law Center by calling (202) 662-9330. We encourage attendees to take Metro or a taxi to the program. Drivers can use the following nearby parking garages:
Union Station Parking Garage
50 Massachusetts Avenue, NE, Washington, DC 20002
(202) 371-9441
Marcparc Parking Garage
601 New Jersey Avenue, NW, Washington, DC 20001
(202) 789-4000
Program Chair
David R. Kuney
Whiteford Taylor Preston, LLP; Washington, D.C.
Advisory Board
Derek Abbott
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Marc Abrams
Willkie Farr & Gallagher LLP; New York
Michael L. Bernstein
Arnold & Porter LLP; Washington, D.C.
Martin J. Bienenstock
Proskauer; New York
Mark D. Collins
Richards, Layton & Finger, PA; Wilmington, Del.
Melanie L. Cyganowski
Otterbourg P.C.; New York
Mary Joanne Dowd
Arent Fox LLP; Washington, D.C.
Cecily A. Dumas
Pillsbury Winthrop Shaw Pittman LLP; New York
Douglas M. Foley
McGuireWoods LLP; Washington, D.C.
Peter M. Friedman
O’Melveny & Myers LLP; Washington, D.C.
Karen A. Giannelli
Gibbons P.C.; Newark, N.J.
Jay M. Goffman
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Kristin K. Going
Drinker Biddle & Reath LLP; Washington, D.C.
Craig Goldblatt
WilmerHale; Washington, D.C.
Jason W. Harbour
Hunton & Williams LLP; Richmond, Va.
Gary T. Holtzer
Weil, Gotshal & Manges LLP; New York
Thomas M. Horan
Shaw Fishman Glantz & Towbin LLC; Wilmington, Del.
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Humayun Khalid
Cleary Gottlieb Steen & Hamilton LLP; New York
Norman N. Kinel
Squire Patton Boggs; New York
Kevin Kobbe
DLA Piper; Baltimore
Jeffrey A. Liesemer
Caplin & Drysdale, Chtd.; Washington, D.C.
Brett H. MIller
Morrison & Foerster LLP; New York
Richard M. Meth
Fox Rothschild LLP; Roseland, N.J.
Erika L. Morabito
Foley & Lardner LLP; Washington, D.C.
Paul M. Nussbaum
Whiteford Taylor Preston, LLP; Baltimore
Cecily A. Dumas
Pillsbury Winthrop Shaw Pittman LLP; New York
David L. Pollack
Ballard Spahr LLP; Philadelphia
Jeffrey S. Sabin
Venable LLP; New York
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Jeffery L. Tarkenton
Womble Carlyle Sandridge & Rice, LLP; Washington, D.C.
Irving E. Walker
Cole Schotz P.C.; Baltimore
Stephanie Wickouski
Bryan Cave; New York
Donald A. Workman
BakerHostetler; Washington, D.C.
Registration Rates
Registration Rates* Early
(postmarked by 7/21/17)Regular
(7/22/17- 9/15/17)Late
(after 9/15/17)ABI Member$545$595$645Georgetown Law Alumnus$545$595$645ABI Govt./Academic Member$295$345$395New ABI Member*$840$890$940Govt./Academic New ABI Member*$390$440$490* Includes a one-year ABI membership for first-time members — a $325 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership renewal fee.
Sponsors
Luncheon Sponsor
Pachulski Stang Ziehl & Jones LLP
E-Newsletter Sponsor
Gavin / Solomonese LLC
Morning Break Sponsor
BakerHostetler
Afternoon Break Sponsor
Skadden, Arps, Slate, Meagher & Flom LLP
General Conference Sponsor
McGuireWoods LLP
Attendee Tote Bag Sponsor
Wilmington Trust
Event Information 249623
Sunday, December 3
OVERVIEW AND INTRODUCTION TO THE FUNDAMENTALS OF BANKRUPTCY MEDIATION
2:00-2:30 p.m.
Welcome, Purpose and Goal-Setting
2:30-3:00 p.m.
Why Bankruptcy Mediation?
3:00-3:45 p.m.
The Role of a Bankruptcy Mediator — Developing a Mediator’s Mind
3:45-4:00 p.m.
Break
4:00-4:45 p.m.
Bankruptcy Mediation Overview: Definition, A Tale of Two Theories: Understanding Conflict-Resolution Ideology in Bankruptcy, Values, Anatomy of Mediation, Mediator’s Role — Lecture
4:45-6:00 p.m.
Effective Opening Statements and Agenda-Setting — Lecture and Exercise
6:00-6:30 p.m.
Beginning Mediator’s Skills: Promoting Effective Conflict Discourse
6:30-7:30 p.m.
Cocktail Reception
Monday, December 4
APPLICATION AND PRACTICE OF FUNDAMENTAL BANKRUPTCY MEDIATION SKILLS
9:30-9:45 a.m.
Reflections, Questions and Review of Day One
9:45-10:45 a.m.
Mediator’s Skills: Promoting Effective Conflict Discourse (cont’d.) — Lecture, Exercise and Simulation
10:45-11:00 a.m.
Break
11:00-11:15 a.m.
Physical and Organizational Considerations in Mediation
11:15 a.m.-12:30 p.m.
Role Play #1: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
Professional Bankruptcy Mediators: A Real World View of the Business and Profession of Mediation
It is both exiting and challenging to expand your bankruptcy practice to include mediation. Learn from respected professionals their development and marketing strategies to generate your mediation practice. (Bob Fishman, Richard E. Mikels, Jerry Markowitz and Scott Y. Stuart)
1:30-2:15 p.m.
Drafting Summary Letters
2:15-3:45 p.m.
Role Play #2: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
3:45-4:00 p.m.
Break
4:00-5:30 p.m.
Role Play #3: Chapter 13 — Simulation, Individual Group Debrief and Class Debrief
5:30 - 6:00 p.m.
Introduction to Pre-mediation (overview)
Tuesday, December 5
PRACTICE CHALLENGES IN BANKRUPTCY MEDIATIONS: VALUATIONS AND MULTI-PARTY MEDIATIONS
9:30-9:45 a.m.
Reflections, Questions and Review of Day Two
9:45-10:15 a.m.
Pre-mediation cont’d - Meaningful Informed consent
10:15-10:45 a.m.
Overcoming Valuation Impasses: Effective Strategies in Lieu of Mediator Evaluation
10:45–11:00 a.m.
Break
11:00-11:15 a.m.
Overcoming Valuation Impasses: Psychological Distortions that Interfere with Rational Decision-Making
11:15 a.m.-12:30 p.m.
Role Play #4: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
The Rise of Plan Mediations and Litigation Funding : The Pitfalls, Benefits and Limits of Confidentiality (Darren Klein; Davis Polk & Wardwell LLP)
1:30-3:00 p.m.
Convening and Facilitating Multi-Party Mediations: Chapter 11 Bankruptcy Mediations
3:00-3:15 p.m.
Break
3:15-5:00 p.m.
Role Play #5: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
5:00-6:00 p.m.
Integrating Lessons Learned from Multi-Party Mediations
Wednesday, December 6
PRACTICE CHALLENGES IN MEDIATION: OVERCOMING FINAL IMPASSES AND ETHICS
9:30-9:45 a.m.
Reflections, Questions and Review of Day Three
9:45-10:45 a.m.
Strategies for Overcoming Final Impasses
10:45-11:00 a.m.
Break
11:00 a.m.-12:30 p.m.
Role Play #6: Chapter 11
12:30-1:30 p.m.
Working Lunch
Cross-Border Mediations
1:30-2:30 p.m.
Mediation Demonstrations: Bridging the Gap (Ed Dobbs)
2:30-3:45 p.m.
Role Play #7
3:45-4:00 p.m.
Break
4:00-4:30 p.m.
Integrating Lessons Learned from Role Plays
4:30-6:00 p.m.
Clarifying the Blurry Ethical Contours of Bankruptcy Mediation and Confidentiality– lecture and exercise
Thursday, December 7
BANKRUPTCY MEDIATION: PRE-MEDIATION, ETHICS AND PUTTING IT ALL TOGETHER
9:30-9:45 a.m.
Reflections, Questions and Review of Day Four
9:45-10:45 a.m.
Optimizing the use of Pre-mediation Opportunities – lecture and exercise
10:45-11:00 a.m.
Break
11:00-12:30 p.m.
Role Play #8: Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
Views from the Bench: The Complexity of Multi-Party Mediations in a Chapter 9 Bankruptcy
1:30-2:00 p.m.
Chapter 9 Mediations
2:00-3:30 p.m.
Role Play #9: Simulation, Individual Group Debrief and Class Debrief
3:30-4:00 p.m.
Overview Checklist
4:00-4:15 p.m.
Next Steps to Becoming a Professional Mediator
4:15-5:00 p.m.
Closing Ceremony
This schedule is subject to modification.
Faculty
Lead Trainer:
Prof. Elayne E. Greenberg
Assistant Dean for Dispute Resolution Programs
Professor of Legal Practice
Director of The Hugh L. Carey Center for Dispute Resolution
St. John’s University School of Law; New YorkLecturers:
C. Edward Dobbs
Parker, Hudson, Rainer & Dobbs LLP
Coaches:
Robert M. Fishman
Shaw Fishman Glantz & Towbin LLC
Jerry M. Markowitz
Markowitz Ringel Trusty + Hartog, P.A.
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP
Scott Y. Stuart
Esquify, Inc.
Conference Information
Attendance/Participation Policy
Participants are required to attend the entire 40 hours of training. If you cannot attend all 40 hours, please defer registering until such time as you can commit to the entire training period.
Hotel
Participants are responsible for their own travel and hotel arrangements. Some nearby hotels to consider are The Millennium Hilton, Cosmopolitan Hotel Tribeca, Embassy Suites Hotel New York, New York Marriott and Holiday Inn Downtown. These listings are provided for informational purposes only and are not vendor endorsements or recommendations.
Location
St. John's University School of Law, Manhattan Campus
51 Astor Place
New York, NY 10003
Building entrance is between 3rd and 4th Avenues.Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by Novermber 10, 2017. No refunds will be granted after November 10, but substitutions will be allowed. After November 10, 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 Credit
33.75 hours of general CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 40.5 hours of general CLE credit, including 2.5 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 in the amount of 33.75 hours, of which 2.25 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 40.5 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. 40.5 hours of CPE credit, including 2.5 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. For information on tuition assistance, send an e-mail to [email protected].
The Gold Standard of Bankruptcy Mediation Training
TThe ABI/St. John’s Bankruptcy Mediation Training program is designed to educate mediators about the theory, skills and specific practice challenges of bankruptcy mediation. Guided by a distinguished faculty of nationally respected bankruptcy jurists, practitioners and mediators, the ABI/St. John’s Mediation Training teaches the critical skills that are requisites for bankruptcy mediators. Our training faculty includes leaders in the field of mediation and bankruptcy. Lectures, exercises and simulations focus solely on bankruptcy conflicts.
Beyond the core skills that are essential for good mediators, participants will also learn about specialized bankruptcy issues inherent in bankruptcy mediations, including:
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Understanding the Anatomy of a Successful Bankruptcy Mediation
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Maximizing Pre-Mediation Opportunities
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Managing the Multi-Party Dynamics of Bankruptcy Mediation
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Analyzing Impasses in Bankruptcy and Applying Impasse-Breaking Skills
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Mediating Valuation Conflicts Without Having the Mediator Evaluate
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Distinguishing Between Writing Mediation Summaries and Drafting Agreements
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Defining Bankruptcy Mediation Ethics Within a Collegial Bankruptcy Community
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Maintaining Momentum and Ensuring Continuity in Multi-Session Mediations
During the 40 hours of this highly interactive four-day training, participants will develop an understanding of the practice of bankruptcy mediation through a combination of lectures, videos, demonstrations and supervised simulations. At the conclusion of the training, participants will receive a Certificate of Completion of ABI/St. John’s Bankruptcy Mediation Training, the Gold Standard of Bankruptcy Mediation Training. Participants will also receive a DVD of themselves in action during a mock mediation. As an added bonus, the training qualifies for continuing legal education credit.*
*In order to receive credit, participants are required to commit to attending the entire 40 hours of training.
Why Bankruptcy Mediation Training?
Bankruptcy judges, lawyers and financial advisors have a long-held and respected reputation of competently assessing the bottom line and settling their cases. However, despite bankruptcy professionals’ best efforts, sometimes cases are unable to be settled. For those cases, mediation can be the appropriate forum. Increasingly, bankruptcy courts are using mediation as a valuable adjunct to their case management to help resolve issues that even the most skilled bankruptcy professionals are unable to resolve. Consequently, there is a growing need for trained bankruptcy mediators.
Who Should Attend?
If you are a bankruptcy judge, lawyer or financial professional who is interested in applying your bankruptcy expertise, learning more about bankruptcy mediation and possibly becoming a bankruptcy mediator, or if you are already a mediator and would like to expand your skills into bankruptcy mediation, this training is for you.
Conference Rates
Registration Rates Early
(postmarked by 10/13/17)Regular
(after 10/13/17)ABI Member$3,295$3,400New ABI Member*$3,570$3,675ABI Government/Non-Profit Member$2,795$2,900New ABI Government/Non-Profit Member*$3,070$3,175* Includes a one-year ABI membership for first-time members — a $325 value! ABI membership is individual and nonrefundable. Expired members should select the member rate and renew their membership at renew.abi.org.
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Event Information 249741
Thursday, October 26
11:00 a.m.-5:30 p.m.
Registration
12:00 p.m.-12:15 p.m.
Welcome
12:15 – 1:15 p.m.
Frank W. Koger Lecture and Luncheon
Sponsored by BK Billing
Dealing with Student Loans in Bankruptcy: Direct Assault on Brunner or Ways Around It?
The Frank W. Koger Lecture was established by Frank W. Koger, UMKC JD '53, and Mrs. Jeanine Koger to enhance the understanding of commercial and bankruptcy law among students at the UMKC School of Law. Judge Koger was appointed as a bankruptcy judge for the United States Bankruptcy Court for the Western District of Missouri in 1986. In 1996, he was appointed to the newly formed Bankruptcy Appellate Panel for the Eighth Circuit, and served as its first Chief Judge until his death in 2003.
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
1:15-2:15 p.m.
Plenary Session: The Alphabet Soup of Consumer Statutes
FDCPA, FCRA, TILA, RESPA, so many letters, so little time. This panel will discuss the litany of statutes designed to protect the consumer that all practitioners that work in the consumer space should be aware of.
Dale Irwin, Moderator
The Irwin Law Firm; Kansas City, Mo.
Jennifer Donnelli
Bryan Cave LLP; Kansas City, Mo.
Michael Rapp
Stecklein & Rapp; Kansas City, Mo.
2:15-2:30 p.m.
Refreshment Break
2:30-3:30 p.m.
Concurrent Breakouts (2)
Consumer Track: Appeals 101: Practical Tips and Considerations in Bankruptcy Appeals
Considering an appeal? Learn some practical tips and considerations from this panel of experts and judges.
Karie Fahrenholz, Moderator
Office of W.H. Griffin, Ch. 13 Trustee; Roeland Park, Kan.
Dana Estes
Office of Richard V. Fink, Chapter 13 Trustee; Kansas City, Mo.
Hon. Thomas L. Saladino
8th Circuit BAP, U.S. Bankruptcy Court (D. Neb.); Lincoln
Hon. Janice Karlin
U.S. Bankruptcy Court (D. Kan.); Topeka
Business Track: It Wasn’t Me!: Dealing with Successor Liability, Alter Ego, Veil Piercing and Substantive Consolidation Issues with respect to Insolvent Companies
Learn the various successor liabilities rules and considerations both under common law and specialized statutes, such as ERISA, and how those successor liabilities rules may be impacted by and impact a bankruptcy proceeding.
David Warfield, Moderator
Thompson Coburn LLP; St. Louis
G. Blaine Schwabe, III
GablesGotwols; Oklahoma City
Kay Standridge Kress
Pepper Hamilton LLP; Detroit
Abigail Willie
U.S. Bankruptcy Court (E.D Mo.); St. Louis
3:30-3:45 p.m.
Refreshment Break
Sponsored by Veris Consulting
3:45-5:15 p.m.
Concurrent Breakouts (2)
Consumer Track: Best Ethical Practices for the Consumer Lawyer
Ethics is not just a course you must take to keep your license. Ethical guidelines are something that should be incorporated in your day-to-day practice.
Richard P. Carmody, Moderator
Adams and Reese LLP; Birmingham, Ala.
Shelley Forrest
Boul & Associates; Columbia, Mo.
Stan Hazlett
Office of the Disciplinary Administrator, State of Kansas; Topeka
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Business Track: Practical Ethical Pitfalls in Chapter 11 Representations
A chapter 11 case can present a host of ethical pitfalls for unsuspecting attorney. Whether you represent debtors or creditors, this panel will discuss common ethical issues facing practitioners in a chapter 11 case.
Jeana Goosmann, Moderator
Goosmann Law Firm; Sioux City, Iowa
David Lander
St. Louis University School of Law; St. Louis
Kenneth Pasquale
Stroock & Stroock & Lavan LLP
Sharon Stolte
Sandberg Phoenix; Kansas City
5:15-7:30 p.m.
Opening Networking Reception
Sponsored by Advisory Board Member Firms
Friday, October 27
7:30-8:00 a.m.
Continental Breakfast
Sponsored by MorrisAnderson
8:00-8:15 a.m.
Welcome and Second-Day Announcements
8:15-9:30 a.m.
Plenary Session
Current Developments with Bill Rochelle
Bill Rochelle will review the cases creating a bankruptcy buzz that practitioners should be aware of.
William J. Rochelle, III
American Bankruptcy Institute; New York
9:30-9:45 a.m.
Refreshment Break
Sponsored by MarksNelson, LLC
9:45-11:00 a.m.
Plenary Session
Bankruptcy Law Round-Up
This session will feature a “speed-dating-style” of roundtable discussion of current bankruptcy and practical skills issues with regional judges and trustees changing tables every 15-20 minutes.
Coordinating Moderators:
Lisa A. Epps
Spencer Fane LLP; Kansas City, Mo.
Jill D. Olsen
The Olsen Law Firm; Kansas City, Mo.
Table Moderators:
Hon. Robert E. Berger
U.S. Bankruptcy Court (D. Kan.); Kansas City
Daniel J. Casamatta
Acting United States Trustee, Region 13; Kansas City
Hon. Thad J. Collins
U.S. Bankruptcy Court (N.D. Iowa); Cedar Rapids
Samuel K. Crocker
United States Trustee, Regions 8 and 20
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Brian T. Fenimore
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Richard V. Fink
Chapter 13 Trustee (W.D. Mo.); Kansas City
W.H. Griffin
Chapter 13 Trustee (D. Kan.); Roeland Park
Hon. Lee M. Jackwig
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
Hon. Janice Karlin
U.S. Bankruptcy Court (D. Kan.); Topeka
Kathleen A. Laughlin
Chapter 13 Trustee (D. Neb.); Omaha
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Robert E. Nugent
U.S. Bankruptcy Court (D. Kan.); Wichita
Hon. Charles “Sketch” Rendlen
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Hon. Thomas L. Saladino
8th Circuit BAP, U.S. Bankruptcy Court (D. Neb.); Lincoln
Hon. Barry Schermer
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Hon. Anita L. Shodeen
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
James Snyder
Assistant United States Trustee, S.D. Iowa and Districts of North & South Dakota
Hon. Dale L. Somers
U.S. Bankruptcy Court (D. Kan.); Topeka
Hon. Kathy Suratt-States
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
11:00 a.m.-12:00 p.m.
Concurrent Breakouts (2)
Consumer Track: Claims Madness
Discussion of various claims related topics and issues including the impact and implications of the Supreme Court’s May 2017 decision in Midland Funding, LLC v. Johnson.
Rachel Lynn Foley, Moderator
Foley Law; Independence, Mo.
Diana Daugherty
Chapter 13 Trustee (E.D. Mo.); St. Louis
Wendee Elliott-Clement
SouthLaw, P.C.; Overland Park, Kan.
Patricia Hamilton
Chapter 7 Trustee; Topeka, Kan.
Hon. Anita L. Shodeen
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
Business Track: The Implications of Czyzewski v. Jevic to Business Bankruptcies
In March 2017, the Supreme Court issued its decision Czyzewski v. Jevic Holding Corporation. The Jevic case has been regarded as the most important Supreme Court case impacting chapter 11 practice in the last decade. This panel of experts will be discussing the impact and implications that the Jevic decision will have on business bankruptcies for years to come.
Daniel Dooley, Moderator
MorrisAnderson; Chicago
David Going
Armstrong Teasdale; St. Louis
William Heuer
Westerman Ball Ederer Miller Zucker & Sharfstein, LLP; New York
Jeffrey Pomerantz
Pachulski Stang Ziehl & Jones; Los Angeles
Marshall Turner
Husch Blackwell; St. Louis
12:00-1:15 p.m.
Networking Lunch
Sponsored by Spencer Fane LLP
Michael R. Roser Excellence in Bankruptcy Award Ceremony
1:15-2:15 p.m.
Plenary Session
I’m shocked, shocked to find that fraud is going on in here!: Bankruptcy Fraud and other Bankruptcy Crimes
This panel comprised of white collar legal specialists, prosecutors and litigators will discuss the various bankruptcy crime and fraud topics including 18 U.S.C. § 157, 11 U.S.C. §§ 523 and 727 and the Supreme Court’s recent decisions in Shaw v. United States and Husky International Electronics, Inc. v. Ritz.
Patrick McInerney, Moderator
Spencer Fane LLP; Kansas City, Mo.
J.R. Hobbs
Wyrsch Hobbs & Mirakian; Kansas City, Mo.
Kate Mahoney
Assistant U.S. Attorney; Kansas City, Mo.
Lloyd Mueller
Office of the United States Trustee; Kansas City, Mo.
Louis Wade
McDowell Rice Smith and Buchanan; Kansas City, Mo.
2:15-2:30 p.m.
Refreshment Break
2:30-4:00 p.m.
Plenary Session
Litigators Behaving Badly: Ethics and Trial Tactics
A discussion of what to do when you are in the middle of “Litigators Gone Wild” while maintaining your ethics and your cool.
Andrew Muller, Moderator
Stinson Leonard Street LLP; Kansas City, Mo.
Jason Bush
Polsinelli; Kansas City, Mo.
Elizabeth Lally
Goosmann Law Firm; Sioux City, Iowa
Eric Madden
Reid Collins & Tsai LLP; Dallas
Hon. Robert. E. Nugent
U.S. Bankruptcy Court (D. Kan.); Wichita
4:00 p.m.
Adjourn
Chairs
Hon. Dennis R. Dow, Judicial Chair
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
John J. Cruciani, Co-Chair
Husch Blackwell LLP; Kansas City, Mo.
Rachel L. Foley, Co-Chair
Foley Law, PC; Independence, Mo.
Advisory Board
Bryan C. Bacon
U.S. Department of Agriculture; Columbia, Mo.
Mark V. Bossi
Thompson Coburn LLP; St. Louis
Jeffrey A. Deines
Lentz Clark Deines PA; Overland Park, Kan.
Daniel F. Dooley
MorrisAnderson; Chicago
Susan K. Ehlers
Armstrong Teasdale LLP; St. Louis
Lisa A. Epps
Spencer Fane LLP; Kansas City, Mo.
Hon. Brian T. Fenimore
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Laurence M. Frazen
Bryan Cave LLP; Kansas City, Mo.
Jeana L. Goosmann
Goosmann Law Firm, PLC; Sioux City, Iowa
Eric L. Johnson
Spencer Fane LLP; Kansas City, Mo.
Benjamin F. Mann
Husch Blackwell LLP; Kansas City, Mo.
Mark Moedritzer
Shook, Hardy & Bacon LLP; Kansas City, Mo.
Andrew W. Muller
Stinson Leonard Street LLP; Kansas City, Mo.
Andrew J. Nazar
Polsinelli PC; Kansas City, Mo.
Edward J. Nazar
Hinkle Law Firm LLC; Wichita, Kan.
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Gary A. Norton
Farm Credit Services of America; Omaha, Neb.
Jill D. Olsen
The Olsen Law Firm, LLC; Liberty, Mo.
Paul D. Sinclair
Polsinelli PC; Kansas City, Mo.
Wesley F. Smith
Stevens & Brand LLP; Lawrence, Kan.
Mark G. Stingley
Bryan Cave LLP; Kansas City, Mo.
Bruce E. Strauss
Merrick, Baker & Strauss, PC; Kansas City, Mo.
Sherri L. Wattenbarger
Office of the U.S. Trustee; Kansas City, Mo.
Victor F. Weber
Merrick, Baker & Strauss, PC; Kansas City, Mo.
Ronald S. Weiss
Berman, DeLeve, Kuchan & Chapman, LLC; Kansas City, Mo.
T. Randall Wright
Baird Holm LLP; Omaha, Neb.
Conference Information
Location/Hotel Accommodations
The Institute will be held at the Kansas City Marriott Downtown, located at 200 West 12th Street, Kansas City, MO 64105. ABI has arranged a special conference rate of $209/single and $209/double per night. Make your reservations by October 3, 2017, to secure this special rate. ABI cannot guarantee anyone a room after the October 3 cut-off date or after the specially rated ABI block has been filled. You will receive a special room reservation link after you have registered with ABI. The hotel will sell out. Please make your reservations accordingly.
Ground/Air Transportation
Air: The Westin Kansas City is approximately 20 miles from Kansas City International Airport (MCI).
Ground: Courtesy phones for taxi service are located both inside and outside the terminal at each baggage claim area and at other strategic locations outside the terminal exits. Make sure that you give the dispatcher your exact location. If calling from a personal phone, call (816) 243-2345.
Local Information
For information about Kansas City restaurants, shopping, attractions, etc., you can also visit the Visit Kansas City website at www.visitkc.com, as well as TripAdvisor at www.tripadvisor.com.
Continuing Education
This program is approved for 12.4 hours of CLE credit in Missouri, including 3.6 hours of ethics and professionalism. Kansas credit is approved. 12 hours of general CLE credit, including 3.5 hours of ethics, are pending in 50-minute-hour states, and 10.5 hours of general CLE credit, including 3 hours of ethics, are pending in states calculating CLE on a 60-minute hour. 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 9.5 hours, of which 3 hours will apply to ethics. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 12 credit hours, of which 3.5 hours of credit can be applied toward the ethics professionalism requirement. 12 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 in 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. 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 October 5, 2017. No refunds will be granted after October 5, but substitutions will be allowed. After October 5, 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.
Premium Sponsors
BK Billing
GlassRatner Advisory & Capital Group LLCMarksNelson, LLC
MorrisAnderson
Polsinelli
Spencer Fane LLP
Veris Consulting, Inc.
Patron Sponsors
Bryan Cave LLP
Gavin/Solmonese LLC
Lathrop & Gage LLP
Shook, Hardy & Bacon LLP
Sikich LLPGeneral Supporting Sponsors
Allen Credit & Debt Counseling Agency
LegalPRO Systems, Inc.Special Thanks
We extend our special thanks to Gavin/Solmonese LLC for keeping us informed each day, Bryan Cave LLP for the pocket agendas and Wilmington Trust for the tote bags.
Conference Rates
Registration Rates Early Bird
(postmarked by 9/2/17)Regular
(9/3/17- 9/30/17)Late
(after 9/30/17)Business Track: ABI Member$335$410$455Business Track: New ABI Member*$610$685$730Consumer Track: ABI Member$265$290$325Consumer Track: New ABI Member*$540$565$600* 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**$1,000New ABI Member Exhibitor Registration***$1,295Additional Booth Representative$500** 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.
Event Information 249794
Thursday, October 26
11:00 a.m.-5:30 p.m.
Registration
12:00 p.m.-12:15 p.m.
Welcome
12:15 – 1:15 p.m.
Frank W. Koger Lecture and Luncheon
Dealing with Student Loans in Bankruptcy: Direct Assault on Brunner or Ways Around It?
The Frank W. Koger Lecture was established by Judge Frank W. Koger, UMKC JD ’53 and Mrs. Jeanine Koger to enhance the understanding of commercial and bankruptcy law among students at the UMKC School of Law.The late Judge Koger served as a judge for the US Bankruptcy Court for the Western District of Missouri from 1986 to 1997 and also served as Chief Judge for the US Bankruptcy Appellate Panel for the Eight Circuit in 1996-1997.
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
1:15-2:15 p.m.
Plenary Session: The Alphabet Soup of Consumer Statutes
FDCPA, FCRA, TILA, RESPA, so many letters, so little time. This panel will discuss the litany of statutes designed to protect the consumer that all practitioners that work in the consumer space should be aware of.
Dale Irwin, Moderator
Slough Connealy Irwin & Madden, LLC; Kansas City, Mo.
Jennifer Donnelli
Bryan Cave LLP; Kansas City, Mo.
Michael Rapp
Stecklein & Rapp; Kansas City, Mo.
2:15-2:30 p.m.
Refreshment Break
2:30-3:30 p.m.
Concurrent Breakouts (2)
Consumer Track: Appeals 101: Practical Tips and Considerations in Bankruptcy Appeals
Considering an appeal? Learn some practical tips and considerations from this panel of experts and judges.
Karie Fahrenholz, Moderator
Office of W.H. Griffin, Ch. 13 Trustee; Roeland Park, Kan.
Dana Estes
Office of Richard V. Fink, Chapter 13 Trustee; Kansas City, Mo.
Hon. Thomas Saladino
U.S. Bankruptcy Court (D. Neb.); Omaha
Hon. Janice Karlin
U.S. Bankruptcy Court (D. Kan.); Topeka
Business Track: It Wasn’t Me!: Dealing with Successor Liability, Alter Ego, Veil Piercing and Substantive Consolidation Issues with respect to Insolvent Companies
Learn the various successor liabilities rules and considerations both under common law and specialized statutes, such as ERISA, and how those successor liabilities rules may be impacted by and impact a bankruptcy proceeding.
Marc Bossi, Moderator
Thompson Coburn LLP; St. Louis
Hon. Dennis Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
G. Blaine Schwabe, III
GablesGotwols; Oklahoma City
Kay Standridge Kress
Pepper Hamilton LLP; Detroit
3:30-3:45 p.m.
Refreshment Break
Sponsored by Veris Consulting
3:45-5:15 p.m.
Concurrent Breakouts (2)
Consumer Track: Best Ethical Practices for the Consumer Lawyer
Ethics is not just a course you must take to keep your license. Ethical guidelines are something that should be incorporated in your day-to-day practice.
Richard P. Carmody, Moderator
Adams and Reese LLP; Birmingham, Ala.
Shelley Forrest
Boul & Associates; Columbia, Mo.
Stan Hazlett
Office of the Disciplinary Administrator, State of Kansas; Topeka
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Business Track: Practical Ethical Pitfalls in Chapter 11 Representations
A chapter 11 case can present a host of ethical pitfalls for unsuspecting attorney. Whether you represent debtors or creditors, this panel will discuss common ethical issues facing practitioners in a chapter 11 case.
Jeana Goosmann, Moderator
Goosmann Law Firm; Sioux City, Iowa
David Lander
St. Louis University School of Law; St. Louis
Kenneth Pasquale
Stroock & Stroock & Lavan LLP; New York
Sharon Stolte
Sandberg Phoenix; Kansas City
5:15-7:30 p.m.
Opening Networking Reception
Sponsored by Advisory Board Member Firms
Friday, October 27
7:30-8:00 a.m.
Continental Breakfast
Sponsored by MorrisAnderson
8:00-8:15 a.m.
Welcome and Second-Day Announcements
8:15-9:30 a.m.
Plenary Session
Current Developments with Bill Rochelle
Bill Rochelle will review the cases creating a bankruptcy buzz that practitioners should be aware of.
William J. Rochelle, III
American Bankruptcy Institute; New York
9:30-9:45 a.m.
Refreshment Break
Sponsored by MarksNelson, LLC
9:45-11:00 a.m.
Plenary Session
Bankruptcy Law Round-Up
This session will feature a “speed-dating-style” of roundtable discussion of current bankruptcy and practical skills issues with regional judges and trustees changing tables every 15-20 minutes.
Coordinating Moderators:
Lisa A. Epps
Spencer Fane LLP; Kansas City, Mo.
Jill D. Olsen
The Olsen Law Firm; Kansas City, Mo.
Table Moderators:
Hon. Robert E. Berger
U.S. Bankruptcy Court (D. Kan.); Kansas City
Daniel J. Casamatta
Acting United States Trustee, Region 13; Kansas City
Hon. Thad J. Collins
U.S. Bankruptcy Court (N.D. Iowa); Cedar Rapids
Samuel K. Crocker
United States Trustee, Regions 8 and 20
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Brian T. Fenimore
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Richard V. Fink
Chapter 13 Trustee (W.D. Mo.); Kansas City
W.H. Griffin
Chapter 13 Trustee (D. Kan.); Roeland Park
Hon. Lee M. Jackwig
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
Hon. Janice Karlin
U.S. Bankruptcy Court (D. Kan.); Topeka
Kathleen A. Laughlin
Chapter 13 Trustee (D. Neb.); Omaha
Daniel M. McDermott
United States Trustee, Regions 9 and 12
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Robert E. Nugent
U.S. Bankruptcy Court (D. Kan.); Wichita
Hon. Charles “Sketch” Rendlen
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Hon. Thomas L. Saladino
U.S. Bankruptcy Court (D. Neb.); Omaha
Hon. Barry Schermer
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Hon. Anita L. Shodeen
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
Hon. Dale L. Somers
U.S. Bankruptcy Court (D. Kan.); Topeka
Hon. Kathy Suratt-States
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
11:00 a.m.-12:00 p.m.
Concurrent Breakouts (2)
Consumer Track: Claims Madness
Discussion of various claims related topics and issues including the impact and implications of the Supreme Court’s May 2017 decision in Midland Funding, LLC v. Johnson.
Rachel Lynn Foley, Moderator
Foley Law; Independence, Mo.
Diana Daugherty
Chapter 13 Trustee (E.D. Mo.); St. Louis
Wendee Elliott-Clement
SouthLaw, P.C.; Overland Park, Kan.
Patricia Hamilton
Chapter 7 Trustee; Topeka, Kan.
Hon. Anita L. Shodeen
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
Business Track: The Implications of Czyzewski v. Jevic to Business Bankruptcies
In March 2017, the Supreme Court issued its decision Czyzewski v. Jevic Holding Corporation. The Jevic case has been regarded as the most important Supreme Court case impacting chapter 11 practice in the last decade. This panel of experts will be discussing the impact and implications that the Jevic decision will have on business bankruptcies for years to come.
Daniel Dooley, Moderator
MorrisAnderson; Chicago
David Going
Armstrong Teasdale; St. Louis
William Heuer
Westerman Ball Ederer Miller Zucker & Sharfstein, LLP; New York
Jeffrey Pomerantz
Pachulski Stang Ziehl & Jones; Los Angeles
Marshall Turner
Husch Blackwell; St. Louis
12:00-1:15 p.m.
Networking Lunch
Sponsored by Spencer Fane LLP
Michael R. Roser Excellence in Bankruptcy Award Ceremony
1:15-2:15 p.m.
Plenary Session
I’m shocked, shocked to find that fraud is going on in here!: Bankruptcy Fraud and other Bankruptcy Crimes
This panel comprised of white collar legal specialists, prosecutors and litigators will discuss the various bankruptcy crime and fraud topics including 18 U.S.C. § 157, 11 U.S.C. §§ 523 and 727 and the Supreme Court’s recent decisions in Shaw v. United States and Husky International Electronics, Inc. v. Ritz.
Patrick McInerney, Moderator
Spencer Fane LLP; Kansas City, Mo.
J.R. Hobbs
Wyrsch Hobbs & Mirakian; Kansas City, Mo.
Kate Mahoney
Assistant U.S. Attorney; Kansas City, Mo.
Louis Wade
McDowell Rice Smith and Buchanan; Kansas City, Mo.
2:15-2:30 p.m.
Refreshment Break
2:30-4:00 p.m.
Plenary Session
Litigators Behaving Badly: Ethics and Trial Tactics
A discussion of what to do when you are in the middle of “Litigators Gone Wild” while maintaining your ethics and your cool.
Andrew Muller, Moderator
Stinson Leonard Street LLP; Kansas City, Mo.
Jason Bush
Polsinelli; Kansas City, Mo.
Elizabeth Lally
Goosmann Law Firm; Sioux City, Iowa
Eric Madden
Reid Collins & Tsai LLP; Dallas
Hon. Robert. E. Nugent
U.S. Bankruptcy Court (D. Kan.); Wichita
4:00 p.m.
Adjourn
Chairs
Hon. Dennis R. Dow, Judicial Chair
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
John J. Cruciani, Co-Chair
Husch Blackwell LLP; Kansas City, Mo.
Rachel L. Foley, Co-Chair
Foley Law, PC; Independence, Mo.
Advisory Board
Bryan C. Bacon
U.S. Department of Agriculture; Columbia, Mo.
Mark V. Bossi
Thompson Coburn LLP; St. Louis
Jeffrey A. Deines
Lentz Clark Deines PA; Overland Park, Kan.
Daniel F. Dooley
MorrisAnderson; Chicago
Susan K. Ehlers
Armstrong Teasdale LLP; St. Louis
Lisa A. Epps
Spencer Fane LLP; Kansas City, Mo.
Brian T. Fenimore
Lathrop & Gage LLP; Kansas City, Mo.
Laurence M. Frazen
Bryan Cave LLP; Kansas City, Mo.
Jeana L. Goosmann
Goosmann Law Firm, PLC; Sioux City, Iowa
Eric L. Johnson
Spencer Fane LLP; Kansas City, Mo.
Benjamin F. Mann
Husch Blackwell LLP; Kansas City, Mo.
Mark Moedritzer
Shook, Hardy & Bacon LLP; Kansas City, Mo.
Andrew W. Muller
Stinson Leonard Street LLP; Kansas City, Mo.
Andrew J. Nazar
Polsinelli PC; Kansas City, Mo.
Edward J. Nazar
Hinkle Law Firm LLC; Wichita, Kan.
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Gary A. Norton
Whitfield & Eddy, P.L.C.; Des Moines, Iowa
Jill D. Olsen
The Olsen Law Firm, LLC; Liberty, Mo.
Paul D. Sinclair
Polsinelli PC; Kansas City, Mo.
Wesley F. Smith
Stevens & Brand LLP; Lawrence, Kan.
Mark G. Stingley
Bryan Cave LLP; Kansas City, Mo.
Bruce E. Strauss
Merrick, Baker & Strauss, PC; Kansas City, Mo.
Sherri L. Wattenbarger
Office of the U.S. Trustee; Kansas City, Mo.
Victor F. Weber
Merrick, Baker & Strauss, PC; Kansas City, Mo.
Ronald S. Weiss
Berman, DeLeve, Kuchan & Chapman, LLC; Kansas City, Mo.
T. Randall Wright
Baird Holm LLP; Omaha, Neb.
Conference Information
Location/Hotel Accommodations
The Institute will be held at the Kansas City Marriott Downtown, located at 200 West 12th Street, Kansas City, MO 64105. ABI has arranged a special conference rate of $209/single and $209/double per night. Make your reservations by October 3, 2017, to secure this special rate. ABI cannot guarantee anyone a room after the October 3 cut-off date or after the specially rated ABI block has been filled. You will receive a special room reservation link after you have registered with ABI. The hotel will sell out. Please make your reservations accordingly.
Ground/Air Transportation
Air: The Westin Kansas City is approximately 20 miles from Kansas City International Airport (MCI).
Ground: Courtesy phones for taxi service are located both inside and outside the terminal at each baggage claim area and at other strategic locations outside the terminal exits. Make sure that you give the dispatcher your exact location. If calling from a personal phone, call (816) 243-2345.
Local Information
For information about Kansas City restaurants, shopping, attractions, etc., you can also visit the Visit Kansas City website at www.visitkc.com, as well as TripAdvisor at www.tripadvisor.com.
Continuing Education
This program is approved for 12.4 hours of CLE credit in Missouri, including 3.6 hours of ethics and professionalism. Kansas credit is approved. 12 hours of general CLE credit, including 3.5 hours of ethics, are pending in 50-minute-hour states, and 10.5 hours of general CLE credit, including 3 hours of ethics, are pending in states calculating CLE on a 60-minute hour. 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 9.5 hours, of which 3 hours will apply to ethics. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 12 credit hours, of which 3.5 hours of credit can be applied toward the ethics professionalism requirement. 12 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 in 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. 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 October 5, 2017. No refunds will be granted after October 5, but substitutions will be allowed. After October 5, 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.
Premium Sponsors
GlassRatner Advisory & Capital Group LLC
MarksNelson, LLC
MorrisAnderson
Polsinelli
Shook, Hardy & Bacon LLP
Spencer Fane LLP
Veris Consulting, Inc.
Patron Sponsors
Bryan Cave LLP
Gavin/Solmonese LLC
Lathrop & Gage LLP
Shook, Hardy & Bacon LLP
Special Thanks
We extend our special thanks to Gavin/Solmonese LLC for keeping us informed each day, Bryan Cave LLP for the pocket agendas and Wilmington Trust for the tote bags.
Conference Rates
Registration Rates Early Bird
(postmarked by 9/2/17)Regular
(9/3/17- 9/30/17)Late
(after 9/30/17)Business Track: ABI Member$335$410$455Business Track: New ABI Member*$610$685$730Consumer Track: ABI Member$265$290$325Consumer Track: New ABI Member*$540$565$600* 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**$1,100New ABI Member Exhibitor Registration***$1,395Additional Booth Representative$500** 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.
Event Information 251135
Friday, November 10
7:30 a.m.-8:30 a.m.
Continental Breakfast and Registration
8:30 a.m.-8:45 a.m.
Veterans Day Tribute and Welcome
Chief Judge Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
8:45 a.m.-10:15 a.m.
Opening Plenary Session
Evidence and Trial Skills in Consumer Bankruptcy Cases
This session will use a common fact pattern and feature demonstrations of arguments and examinations regarding such evidentiary issues as whether a witness may appear by telephone, video or deposition; admissibility of expert testimony on value; whether an expert may rely on the testimony of other experts; when lay witness testimony on value may be admissible; and demonstrations of examinations of experts and nonexperts regarding valuation and other common issues that arise in evidentiary hearings. By extensively using role play, this session will create real settings for consumer bankruptcy attorneys to help them handle evidentiary hearings in bankruptcy court.
Chief Judge Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Charles D. Bullock, Witness
Stevenson & Bullock PLC; Southfield, Mich.
Lisa S. Gretchko, Attorney
Howard & Howard; Royal Oak, Mich.
Michael Leib, Attorney
Leibadr LLC; West Bloomfield, Mich.
10:15 a.m.-10:30 a.m.
Refreshment Break
10:30 a.m.-11:45 a.m.
Concurrent Sessions (3)
Chapter 11 Basics for Debtors’ Attorneys
Many consumer bankruptcy lawyers now find themselves filing chapter 11 petitions for individuals and small businesses, but chapter 11 cases are different than chapter 13 cases. This session will focus on the basics of filing and handling a chapter 11 case, including who is eligible to file a chapter 11 petition, the reasons to file chapter 11 rather than chapter 7 or 13, the ongoing reporting responsibilities of a debtor in possession, what goes into the preparation of a plan of reorganization and disclosure statement, how a chapter 11 plan differs from a chapter 13 plan, how the process of balloting on the plan of reorganization works, the requirements that must be met to confirm a plan of reorganization, and the time frames that govern the handling of chapter 11 cases.
Hon. John T. Gregg
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Leslie K. Berg
Office of the U.S. Trustee; Detroit
Kimberly R. Clayson
Clayson Schneider & Miller, PC; Detroit
Rozanne Giunta
Warner Norcross & Judd LLP; Midland, Mich.
Chapter 11 Basics for Creditors’ Attorneys
Lawyers representing mortgage creditors, car creditors and unsecured creditors in consumer chapter 7 and 13 cases are familiar with the routine actions they can take to protect their clients (e.g., move to lift the stay, file proofs of claims and analyze disposable-income issues). But what actions can they take to protect their clients when an individual or small business debtor files chapter 11? What strategies and considerations should secured creditors use to decide whether to move to lift the stay? How active should unsecured creditors be in a chapter 11 before the debtor files a plan of reorganization? What strategies and considerations go into creditors’ evaluations of and voting on the debtor’s plan of reorganization? What initial issues do creditors’ attorneys need to think about when they receive notice of a chapter 11 petition, and how do these issues differ from the initial issues they need to think about when they receive a notice of a chapter 7 or 13 petition? Are proofs of claims handled differently in chapter 11, and if so, how? How do you explain the options to your client and manage your client’s expectations in chapter 11 so that they understand the potential costs and time involved?
Hon. Scott W. Dales
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Richard E. Kruger
Jaffe Raitt Heuer & Weiss; Southfield, Mich.
Susan Jill Rice
Alward Fisher Rice Rowe & Graf; Traverse City, Mich.
Karen L. Rowse-Oberle
Butler, Butler & Rowse-Oberle, PLLC; St. Clair Shores, Mich.
Representing Chapter 7 Debtors After the Petition Is Filed and the § 341 Meeting Is Held
You’ve filed the petition and schedules and attended the § 341 meeting. What happens next? This session will focus on the ongoing representation and responsibilities of a debtor’s attorney after filing a chapter 7 petition and completing the § 341 meeting to ensure that the debtor gets and keeps a discharge and any assets they are entitled to. What should a debtor’s attorney do if the asset values that the debtor lists on his or her schedules change after the petition is filed? What ongoing responsibilities does a debtor’s attorney have regarding reaffirmation agreements and assumption of leases by the debtor? What can a debtor’s attorney do to monitor and ensure the prompt administration of assets in the chapter 7 case by the trustee? Can the debtor’s attorney move for abandonment of assets that the trustee is not administering, and what are the legal standards for abandonment? How can a debtor’s attorney best counsel a chapter 7 debtor to cooperate with the trustee so as to avoid jeopardizing their discharge or, if a discharge has already been granted, to avoid creating a basis for revocation of discharge? What are the standards for revocation of discharge?
Hon. Thomas J. Tucker
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Steve Bylenga
Chase Bylenga Hulst, PLLC; Grand Rapids, Mich.
Ryan Beach
The Law Offices of Ryan F. Beach, PLLC; Grand Rapids, Mich.
Kevin C. Calhoun
Calhoun & Diponio, PLC; Southfield, Mich.
11:45 a.m.-12:45 p.m.
Networking Luncheon
12:50 p.m.-2:00 p.m.
Concurrent Sessions (3)
Pre-Bankruptcy Planning Issues and Strategies for Debtors’ Attorneys Regarding Protection of Assets
This session will focus on debtors’ attorneys’ pre-bankruptcy advice and planning regarding the protection of a debtor’s assets, including maximizing exemptions without getting into trouble, analyzing and counseling the client on the vulnerability of transfers of property that the debtor already made to family members or trusts before seeking your counsel, permissible actions to mitigate liabilities on account of a debtor’s pre-petition transfers, what can legitimately and ethically be done to enable debtors to maximize their exemptions without jeopardizing their discharges, and the use of family trusts, self-settled trusts and the effect of the new Domestic Asset Protection Trust Act in Michigan.
Hon. Daniel S. Opperman
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Charles J. Schneider
Charles J. Schneider, P.C.; Livonia, Mich.
Jason P. Smalarz
Gold, Lange & Majoros, PC; Southfield, Mich.
Michael A. Stevenson
Stevenson & Bullock PLC; Southfield, Mich.
Representing Secured Creditors in Chapters 7 and 13
Even beginning creditors’ attorneys know that the automatic stay prevents them from enforcing their clients’ rights to their collateral. But what can they do in chapter 7 and 13 cases, and when should they do it? This session will focus on the basic legal issues facing secured creditors in these consumer cases and the development of effective and economical strategies for dealing with them. What are the legal standards to obtain relief from the automatic stay? What do the Federal Rules of Bankruptcy Procedure and the local bankruptcy rules require as attachments? What must the motion allege, and who has the burden of proof if an objection is made? Do these standards differ in chapters 7 and 13? When is the right time to bring a motion to lift a stay in a chapter 7 or 13 case? Should you seek to have a chapter 7 debtor reaffirm your debt? If a chapter 7 debtor doesn’t reaffirm but just keeps making the payments, what should you tell your client to do? How does § 365(p) work, and do you need to have the court involved? Loan modifications are common in chapter 13, but is there such a thing as a loan modification in a chapter 7? Can the court reopen a case to approve a post-discharge reaffirmation or loan modification in chapter 7? Can a chapter 13 debtor force your client to take property they don’t want by surrendering the property or vesting it in your client?
Hon. Mary Ann Whipple
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Elizabeth M. Abood-Carroll
Orlans PC; Troy, Mich.
Michael P. Hogan
Schneiderman & Sherman, P.C.; Farmington Hills, Mich.
Chadd A. O’Brien
ELGA Credit Union; Burton, Mich.
Bankruptcy and Elder Law
This session will focus on the increasing number of senior citizens filing for bankruptcy. Why are so many elders now filing? What unique challenges do they present? Do their Social Security benefits and pension incomes become available to fund chapter 13 plans? How are reverse mortgages treated in chapters 7 and 13? What happens when an elderly debtor passes away during a chapter 7, 11 or 13 bankruptcy case? What if there is a surviving spouse who is also a joint debtor?
Hon. Maria L. Oxholm
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Guy T. Conti
ContiLegal; Ann Arbor, Mich.
Deborah L. Fish
Allard & Fish, P.C.; Detroit
Kenneth L. Gross
Thav Gross; Bingham Farms, Mich.
2:00 p.m.-2:10 p.m.
Break
2:10 p.m.-3:20 p.m.
Concurrent Sessions (3)
Values, Values, Values
Determinations of values are central to virtually every aspect of a consumer bankruptcy case. How should debtors value assets on their schedules? What should they rely on for value, and what is their attorney’s role and responsibility? When are appraisals needed? What weight is given to BPOs and tax statements? What can creditors and trustees do to challenge the debtor’s values? What quotient of evidence do debtors, creditors and trustees need to litigate the value of a creditor’s collateral, a residence in a chapter 13 lien-strip, or a contested abandonment of property in a chapter 7 case, a contested redemption or a contested exemption?
Hon. Mark A. Randon
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Ethan D. Dunn
Maxwell Dunn PLC; Southfield, Mich.
Caralyce M. Lassner
Bankruptcy Law Office; Flint, Mich.
Charles Taunt
The Taunt Law Firm; Birmingham, Mich.
Advising Potential Consumer Debtors About Their Tax Debts
It is not uncommon for issues to arise in consumer cases after they are filed regarding pre-petition and post-petition tax liabilities. To make sure that a client understands the possible outcome of these issues and is not surprised when they crop up after the bankruptcy petition is filed, it is imperative that debtor’s counsel alert and counsel the debtor about these potential issues before the petition is filed. What tax clams are nondischargeable? What constitutes a tax return for purposes of § 523? What is a tax transcript, how can one get one from the IRS, and how does one interpret what it says? This session will also focus on understanding the implications of unfiled returns and substitute returns, especially the current split among the circuits regarding late-filed returns and their consequences for determining dischargeability, distinguishing the treatment for secured, priority and general unsecured claims in chapters 7 and 13, interest on secured or nondischargeable tax claims, and advising the client as to whether chapter 7 or 13 is the best course of action to deal with the debtor’s tax liabilities.
Hon. Marci B. McIvor
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Greg J. Ekdahl
Keller & Almassian, PLC; Grand Rapids, Mich.
Christopher W. Jones
Acclaim Legal Services, PLLC; Warren, Mich.
David J. Montera
David J. Montera, P.C.; Bloomfield Hills, Mich.
The Party’s Over — or Is It? Secured Creditor Issues at the End of a Chapter 13 Case
The chapter 13 debtor’s plan is expiring, and the trustee issues a notice of final cure payment and completion of plan payments. Your client tells you it’s wrong and says there are uncured pre-petition and post-petition defaults, escrow shortages and unpaid attorney fees. What do you do? This session will cover understanding Federal Rule of Bankruptcy Procedure 3002.1 and Local Bankruptcy Rule 2015-3 (E.D. Mich.); reviewing all notices of payment changes, fees and expenses; comparing records with the trustee and debtor, and obtaining discovery; the proper procedure to file and prosecute responses disagreeing with notice of final cure payment; case law regarding remedies under Federal Rule of Bankruptcy Procedure 3002.1(i) for failure to comply with the rule’s requirements; and implementing steps to comply with the discharge order.
Hon. John P. Gustafson
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Brett Border
Fabrizio & Brook, P.C.; Troy, Mich.
Elizabeth Clark
Chapter 13 Trustee Brett N. Rodgers; Grand Rapids, Mich.
Kim M. Rattet
Trott Law; Farmington Hills, Mich.
3:20 p.m.-3:35 p.m.
Refreshment Break
3:35 p.m.-5:15 p.m.
Closing Plenary Session
Annual Case Law Update
This annual favorite will cover all recent bankruptcy law decisions and current consumer bankruptcy law issues, and is a must-attend for professionals to stay current on consumer bankruptcy law issues.
Hon. James W. Boyd
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Thomas D. DeCarlo
Office of the Chapter 13 Trustee; Detroit
Laura J. Genovich
Foster, Swift, Collins & Smith, PC; Grand Rapids, Mich.
5:15 p.m.-6:15 p.m.
Networking Reception
Judicial Chair
Chief Judge Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Conference Chair
Michael P. Hogan
Schneiderman & Sherman, P.C.; Farmington Hills, Mich.
Planning Committee
Melissa A. Caouette
Office of the Chapter 13 Trustee; Flint, Mich.
Thomas D. DeCarlo
Office of the Chapter 13 Trustee; Detroit
Christopher W. Jones
Acclaim Legal Services, PLLC; Warren, Mich.
Caralyce M. Lassner
Bankruptcy Law Office; Flint, Mich.
Craig B. Rule
Orlans PC; Troy, Mich.
Charles J. Schneider
Charles J. Schneider PC; Livonia, Mich.
Craig S. Schoenherr, Sr.
O’Reilly Rancilio P.C.; Sterling Heights, Mich.
Michael A. Stevenson
Stevenson & Bullock PLC; Southfield, Mich.
Tamara A. White
Holzman Corkery, PLLC; Southfield, Mich.
Patron Sponsor
Steinberg Shapiro & Clark
Supporting Sponsors
Allen Credit & Debt Counseling Agency
Orlans Associates PC
Schneiderman & Sherman, P.C.
Stevenson & Bullock, P.L.C.
For sponsorship opportunities, please contact Bethany Spencer at [email protected].
Special Thanks
We extend our special thanks to Steinberg Shapiro & Clark for the materials on thumb drives and Wilmington Trust for the tote bags.
Conference Information
Hotel
The elegant Somerset Inn, our host hotel, is located in the heart of Troy’s business and financial district in close proximity to The Palace at Auburn Hills, Ford Field, Comerica Park, a golf course, and several museums and theaters. ABI has reserved a block of rooms at the special conference rates of $99 for a Tower Room and $119 for an Executive Room. To secure these special rates, reservations must be made by October 26, 2017. Reservations are limited, and rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the October 26 cutoff or after the specially rated ABI block has been filled.
Continuing Education Credit
Up to 6.5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and up to 7.5 hours of general CLE credit 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 in the amount of 6.5 hours of general CLE. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 7.5 credit hours. 7.5 hours of CPE credit 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. 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.
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. Financial assistance is available for this program; all applications for financial assistance must be submitted by September 22, 2017. 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, ABI may allow the individual to work at the 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. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or send an email to [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by October 20, 2017. No refunds will be granted after October 20, but substitutions will be allowed. After October 20, 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.
Rates
Registration Rates Early
(postmarked by 9/1/17)Regular
(after 9/1/17)ABI or CBA Member$225$295ABI Gov’t./Academic/Nonprofit Member$225$295Join ABI and Save*$375$445Govt./Academic/Nonprofit New ABI Member* $320 $390 Exhibitor Rates
ABI Member Exhibitor**$1,000New ABI Member Exhibitor***$1,325*Includes a one-year ABI membership for first-time members - a $325 value!. Expired members should select the member rate and add in the membership renewal fee. You must be an ABI or CBA member to attend the conference.
**Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’table, full registration for one booth representative AND one-year ABI membership.
Event Information 251973
Friday, November 10
8:00-8:30 a.m.
Continental Breakfast and Registration
Sponsored by The Law Office of William J. Factor, Ltd.
8:20-8:30 a.m.
Welcoming Remarks
8:30-9:45 a.m.
Current Case Law for $500, Please
Ronald R. Peterson, Moderator
Jenner & Block; Chicago
Gordon E. Gouveia
Shaw Fishman Glantz & Towbin LLC; Chicago
Timothy F. Nixon
Godfrey & Kahn SC; Green Bay, Wis.
Jeana K. Reinbold
Attorney at Law; Springfield, Ill.
9:45-10:45 a.m.
Educating Your Way into Debt: Is There Any Way “Out”?
Barbara Yong, Moderator
Golan Christie Taglia, LLP; Chicago
Saskia N. Bryan
Latimer LeVay and Fyock, LLC; Chicago
Hon. James M. Carr
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis
Ariane Holtschlag
FactorLaw; Chicago
10:45-11:00 a.m.
Coffee Break
Sponsored by Shaw Fishman Glantz & Towbin LLC
11:00 a.m.-12:00 noon
We Finally Have a Uniform National Chapter 13 Plan — Now, Let’s Change It!
Hon. Eugene R. Wedoff (ret.), Moderator
Oak Park, Ill.
Paul R. Chael
Standing Chapter 13 Trustee; Merrillville, Ind.
Rebecca R. Garcia
Chapter 12 and 13 Trustee; Oshkosh, Wis.
12:00-1:30 p.m.
Luncheon
Sponsored by The Semrad Law Firm, LLC
ABI Consumer Commission Hearing
The Commission invites attendees to request time to make an oral statement at this public meeting, and in addition (or alternatively) to submit a written statement to the Commission. To request a time for a public statement or to send a written statement, please use the Commission’s public email address, [email protected]. Everyone who requests a time for an oral statement is encouraged to submit a written statement as well.
1:30-2:30 p.m.
Smelt Tank
Michael P. Richman
Hunton & Williams LLP; New York, NY
“Sharks”:
Hon. Robert D. Martin (ret.)
Middleton, Wis.
Hon. Margaret Dee McGarity (ret.)
Milwaukee
Hon. John H. Squires (ret.)
Springer Brown LLC; Wheaton, Ill.
Presenters:
Nathan M. Delman
The Semrad Law Firm, LLC; Chicago
Faiq Mihlar
Heavner, Scott, Beyers & Mihlar, LLC; Decatur, Ill
Claire Ann Resop
Steinhilber Swanson, LLP; Madison, Wis.
Stacy Wissel
Bankruptcy Offices of Mark S. Zuckerberg, P.C.; Indianapolis
2:30-3:30 p.m.
Municipal Violations: What They (could) Mean To Your Chapter 13 Case?
Hon. Susan V. Kelley, Moderator
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
David Holtkamp
City of Chicago, Department of Law; Chicago
Prof. Adrian James Walters
IIT Chicago-Kent College of Law; Chicago
3:30-3:45 p.m.
Refreshment Break
3:45-5:00 p.m.
Kahoots: The 21st Century Ethics Game
Hon. Janet S. Baer, Moderator
U.S. Bankruptcy Court (N.D. Ill.); Chicago
David T. Erie
Kirkland & Ellis LLP; Chicago
Hon. Catherine J. Furay
U.S. Bankruptcy Court (W.D. Wis.); Eau Claire
Prof. Bruce A. Markell
Northwestern University School of Law; Chicago
5:00 p.m.
Adjourn
2017 Conference Rates
Registration Rates Early Bird
(postmarked by 10/20/17)Regular
(after 10/20/17)ABI Member$225$250ABI Gov’t./Academic/Nonprofit Member$225$250Join ABI and Save*$375$400Govt./Academic/Nonprofit New ABI Member* $320 $345 Exhibitor Rates
ABI Member Exhibitor**$1,000New ABI Member Exhibitor***$1,325*Includes a one-year ABI membership for first-time members - a $325 value!. Expired members should select the member rate and add in the membership renewal fee. You must be an ABI or CBA member to attend the conference.
**Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’table, full registration for one booth representative AND one-year ABI membership.
Judicial Chair
Hon. Janet S. Baer
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Conference Co-Chairs
Nathan M. Delman, Co-Chair
The Semrad Law Firm, LLC; Chicago
Berton J. Maley, Co-Chair
Codilis & Associates, P.C.; Burr Ridge, Ill.
Advisory Board
Michael C. Burr
Robert J. Adams & Associates; Chicago
Hon. Donald R. Cassling
U.S. Bankruptcy Court (N.D. Ill.); Chicago
A. Stewart Chapman
Office of the Chapter 13 Trustee; Chicago
Nathan E. Curtis
Geraci Law L.L.C.; Chicago
Mehul D. Desai
Swanson & Desai, LLC; Chicago
Hon. Catherine J. Furay
U.S. Bankruptcy Court (W.D. Wis.); Eau Claire
Heather Giannino
Heavner, Beyers & Mihlar, LLC; Decatur, Ill.
Ariane R. Holtschlag
FactorLaw; Chicago
Hon. LaShonda A. Hunt
U.S. Bankruptcy Court (N.D. Ill.); Chicago
David P. Leibowitz
Lakelaw & Upright Law; Waukegan, Ill.
Hon. Basil H. Lorch
U.S. Bankruptcy Court (S.D. Ind.); New Albany
Hon. Thomas M. Lynch
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Debra L. Miller
Standing Chapter 13 Trustee; South Bend, Ind.
Ronald R. Peterson
Jenner & Block; Chicago
Brian L. Shaw (ex-officio)
Shaw Fishman Glantz & Towbin LLC; Chicago
M. Gretchen Silver
Office of the U.S. Trustee; Chicago
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
Barbara L. Yong
Golan Christie Taglia, LLP; Chicago
Mark S. Zuckerberg
Law Office of Mark S. Zuckerberg; Indianapolis
Conference Information
Location
The conference will be held at the Jenner & Block Conference Center, located at 353 N. Clark Street, Chicago, IL 60654.
Continuing Education Credit
7.75 hours of general CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 9 hours of general 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 in the amount of 7.75 hours, of which 1.25 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 9 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 9 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. 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.
Financial Hardship
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, ABI may allow the individual to work at the 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. Financial assistance is available for this program; all applications for financial assistance must be submitted by September 22, 2017. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 October 20, 2017. No refunds will be granted after October 20, but substitutions will be allowed. After October 20, 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.
Sponsors
BK Billing
Shaw Fishman Glantz & Towbin LLC
The Law Office of William J. Factor, Ltd.
The Semrad Law Firm, LLC
Upright Law
Exhibitors
Allen Credit & Debt Counseling Agency
Best Case, LLC
CourtCall LLC
National Automotive Brokerage Services
PitBullTax Software
Stratus Intelligence
For sponsorship opportunities, please contact Allyson Donohue at [email protected].
Event Information 252059
Tuesday, November 7
8:15-9:00 a.m.
Registration and Coffee/Tea
9:00-9:15 a.m.
Welcome by Conference Leadership
9:15-10:30 a.m.
Inter-Court Communications
This panel of judges and insolvency professionals from various jurisdictions will provide insight into inter-court communications and the challenges faced by judges dealing with cross-border insolvency proceedings. The panel will discuss the use of protocols, the American Law Institute’s Guidelines Application to Court-to-Court Communications in Cross Border Cases and more.
Rafael X. Zahralddin-Aravena, Moderator
Elliott Greenleaf; Wilmington, Del.
Jan Golaszewski
Carey Olsen, Cayman Islands
Alex L. MacFarlane
Borden Ladner Gervais LLP; Toronto
Craig Martin
DLA Piper LLP; Wilmington, Del.
Justice Fred Myers
Ontario Superior Court of Justice; Toronto
10:30-10:45 a.m.
Networking Break
Sponsored by Elliott Greenleaf
10:45-11:45 a.m.
Cross-Border Avoidance Transactions
In an environment where business takes place largely without regard to borders, avoidance proceedings can catch suppliers off-guard. This panel will discuss the similarities and differences among local avoidance regimes and the challenges facing suppliers dealing across borders. The panel will also address the issues encountered in attempting to enforce cross-border avoidance judgments. The panelists will also examine the scope by which bankruptcy courts may (and may not) adjudicate avoidance actions under chapter 15, as well as how avoidance actions are administered pursuant to the European Insolvency Regulation and Canadian insolvency legislation.
Joshua M. Fried, Moderator
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Timothy Graulich
Davis Polk & Wardwell LLP; New York
Frank Spizzirri
AUDAXlaw; Toronto
Dr. Annerose Tashiro
Schultze & Braun GmbH; Germany
Allen D. Wilen
EisnerAmper LLP; Iselin, N.J.
11:45-1:30 p.m.
Networking Lunch
Sponsored by Deloitte CRG and EisnerAmper LLP
1:30-2:45 p.m.
Issues in Cross-Border Insolvencies/Admiralty and Shipping
The recent insolvencies commenced by multiple shippers and oil and gas companies have raised several issues concerning the interplay of admiralty and insolvency law, especially in light of declining commodity prices and many shippers having either pulled their vessels out of service and/or decommissioned them. These issues include the adjudication of competing claims to assets that may be located either on the water, onboard the ships, or in containers, as well as the intersection of admiralty and insolvency law applicable to oil and gas insolvencies on the competing claims on the assets owned by these companies.
Kenneth Coleman, Moderator
Allen & Overy LLP; New York
James L. Bromley
Cleary Gottlieb Steen & Hamilton LLP; New York
Andrew Rosenblatt
Norton Rose Fulbright US LLP, New York, NY
Hon. John K. Sherwood
U.S. Bankruptcy Court (D. N.J.); Newark
Kieran E. Siddall
Norton Rose Fulbright Canada LLP, Vancouver, BC
Al Togut
Togut, Segal & Segal LLP; New York
2:45-3:00 p.m.
Networking Break
3:00-4:30 p.m.
Cross-Border Update
Insolvency practitioners from the U.S., Canada, the Caribbean and South America will provide an overview of the most significant insolvency-related developments in their respective jurisdictions.
R. Adam Swick, Moderator
Reid Collins & Tsai LLP, Austin TX
Kelly J. Bourassa
Blake, Cassels & Graydon LLP, Calgary AB
Gilberto Deon Correa, Jr.
Souto, Correa, Cesa, Lummertz & Amaral; Porto Alegre, Brazil
Malhar S. Pagay
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Mark Russell
HSM Chambers, Grand Cayman
David Soden
Deloitte; London
4:30-6:30 p.m.
Networking Reception
Sponsored by Development Specialists Inc. and McGuireWoods LLP
Conference Co-Chairs
Gilberto Deon Correa, Jr.
Souto, Correa, Cesa, Lummertz & Amaral Advogados; Porto Alegre, Brazil
E. Patrick Shea
Gowling WLG (Canada); Toronto
Advisory Board
James L. Bromley
Cleary Gottlieb Steen & Hamilton LLP; New York
Ken Coleman
Allen & Overy LLP; New York
Timothy Graulich
Davis Polk & Wardwell LLP; New York
Michael Epstein
Deloitte CRG, New York
Floris B. Iking
Alvarez & Marsal; Mexico City
Charles Johnson
Norton Rose Fulbright; São Paulo, Brazil
Paul J. Keenan, Jr.
Greenberg Traurig, LLP; Miami
Tanya Meerovich
FTI Consulting, Inc.; New York
Christopher R. Mirick
Harvest Power, Waltham, MA
Oksana Koltko Rosaluk
DLA Piper; Chicago
Allen D. Wilen
EisnerAmper LLP; Iselin, N.J.
Rafael X. Zahralddin-Aravena
Elliott Greenleaf; Wilmington, Del.
Conference Information
Location
The conference will be held at the Davis Polk & Wardwell Conference Center, 450 Lexington Ave, New York, NY 10017.
Continuing Education Credit
5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 6 hours of general CLE credit 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 in the amount of 5 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 6 credit hours. 6 hours of CPE credit 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. 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 course 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. For information on tuition assistance, send an e-mail [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by October 17, 2017. No refunds will be granted after October 17, but substitutions will be allowed. After October 17, 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.
2017 Conference Rates
Registration Rates Early Bird
(postmarked By 9/7/17)Regular
(9/8/17-10/24/17)Late
(After 10/24/17)ABI Member$395$445$495Non-Member$495$545$595Event Information 253356
Thursday, November 2
8:30 a.m.
Registration Desk Open and Continental Breakfast
Sponsored by AlixPartners LLP
9:15-9:30 a.m.
Welcome & Program Introduction
Panelists will assume the roles of debtors, committee members and successors at key stages of a modern bankruptcy. Competing teams will present different points of view from the moment a company begins to consider bankruptcy up through mediation or court; our expert faculty will provide insight, practical advice and proposed solutions into the strategic decisions and negotiations that are part of the day-to-day reality of restructuring practice.
9:30-11:15 a.m.
Round 1: Evaluating Competing Alternatives
Committee Team: Debtor Team: Successor Team: Stephen Spitzer
AlixPartners LLP; New York
Kathryn B. McGlynn
Deloitte CRG; New York
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP
Jeremy W. Ryan
Potter Anderson & Corroon LLP; Wilmington, Del.
Scott L. Anchin
Decarba LLC; New York
Stuart M. Brown
DLA Piper; Wilmington, Del.
William H. Henrich
Getzler Henrich & Associates LLC; New York
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Derek C. Abbott
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Eric J. Fromme
Theodora Oringher PC; Costa Mesa, Cal.
Robert Lemons
Weil, Gotshal & Manges LLP; New York
Natalie D. Ramsey
Montgomery McCracken Walker & Rhoads LLP; Philadelphia
Geoffrey A. Richards
Canaccord Genuity; New York
11:15 - 11:30 a.m.
Break
11:30 a.m-12:45 p.m.
Round 2: Feasibility
This panel will evaluate the Company’s ability to generate future cash flows sufficient to cover its obligations. This evaluation should include the viewpoints of each of the constituencies involved in the case (Debtor, Unsecured, Successor) on what the restructured debt/liability levels should be, and how the Company’s future cash flows can support their view of these obligations, including the potential to eventually refinance.
Committee Team: Debtor Team: Successor Team: Jacob Adlerstein
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Omar Stevens
Carl Marks Advisors; New York
Wayne P. Weitz
EisnerAmper LLP; New York
Christopher K. Wu
Teneo Restructuring; New York
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Wesley Appell
Epiq Systems, Inc.; New York
Mike Katzenstein
FTI Consulting, Inc.; New York
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Lorie R. Beers
Cowen and Company; New York
Neil Gupta
SSG Capital Advisors, LLC; Conshohocken, Pa
C. Jacobson
Alvarez & Marsal; New York
Ross Waetzman
Gavin/Solmonese LLC; Wilmington, Del.
12:45 p.m-2:00 p.m.
Break for Lunch
2:00 -3:30 p.m.
Round 3: Valuation
Committee Team: Debtor Team: Successor Team: Jacob Adlerstein
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Omar Stevens
Carl Marks Advisors; New York
Wayne P. Weitz
EisnerAmper LLP; New York
Christopher K. Wu
Teneo Restructuring; New York
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Wesley Appell
Epiq Systems, Inc.; New York
Mike Katzenstein
FTI Consulting, Inc.; New York
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Lorie R. Beers
Cowen and Company; New York
Neil Gupta
SSG Capital Advisors, LLC; Conshohocken, Pa
C. Jacobson
Alvarez & Marsal; New York
Ross Waetzman
Gavin/Solmonese LLC; Wilmington, Del.
3:30 p.m.-3:45 p.m
Break
3:45-5:15 p.m.
Round 4: Best-Interest Test
Committee Team: Debtor Team: Successor Team: Stephen Spitzer
AlixPartners LLP; New York
Kathryn B. McGlynn
Deloitte CRG; New York
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP
Jeremy W. Ryan
Potter Anderson & Corroon LLP; Wilmington, Del.
Scott L. Anchin
Decarba LLC; New York
Stuart M. Brown
DLA Piper; Wilmington, Del.
William H. Henrich
Getzler Henrich & Associates LLC; New York
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Derek C. Abbott
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Eric J. Fromme
Theodora Oringher PC; Costa Mesa, Cal.
Robert Lemons
Weil, Gotshal & Manges LLP; New York
Natalie D. Ramsey
Montgomery McCracken Walker & Rhoads LLP; Philadelphia
Geoffrey A. Richards
Canaccord Genuity; New York
5:15-5:30 p.m.
Summary and Concluding Remarks
6:00-9:00 p.m.
Joint Reception and Dinner with 2017 Corporate Restructuring Competition Sponsors, Judges and Students
The Ritz-Carlton, Philadelphia
10 Avenue of the Arts
Philadelphia, PA 191026:00-7:00 p.m.
Cocktail Reception
7:00-9:00 p.m.
Dinner
This event is one of the premier gatherings of area restructuring and legal professionals and will be attended by many local bankruptcy judges. Join students competing in the following day’s Corporate Restructuring Competition for an enjoyable evening of dining and networking with potential future colleagues.
Conference Information
Location
The program will be held at The Ritz-Carlton, Philadelphia (10 Avenue of the Arts, Philadelphia, PA 19102), conveniently located in the city center across from Philadelphia City Hall. The hotel is also the site of the combined CFRP/CRC reception and dinner.
Travel
Air: Fly into Philadelphia International Airport (PHL).
Ground: The hotel is approximately 10 miles from Philadelphia International Airport. Taxis are available 24 hours a day, with a travel time of about 25 minutes to the Ritz-Carlton.
Rail: The hotel is conveniently located between the Market-Frankford and Broad Street Metro lines.Conference Attire
Business attire is requested throughout the conference.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by October 12, 2017. No refunds will be made if notice is received after October 12, although substitutions will be allowed. After October 12, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education*
6.5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 7.5 hours of general CLE credit 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 in the amount of 6.5 hours NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 7.5 credit hours. 7.5 hours of CPE credit 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. For information on tuition assistance, send an e-mail to [email protected].
Co-Chairs
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Eric J. Fromme
Theodora Oringher PC; Costa Mesa, Cal.
Stephen Spitzer
AlixPartners LLP; New York
Wayne P. Weitz
EisnerAmper LLP; New York
Faculty
Derek C. Abbott
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Wesley Appell
Epiq Systems, Inc.; New York
Scott L. Anchin
Dacarba LLC; New York
Lorie R. Beers
Cowen and Company; New York
Evan Blum
Alvarez & Marsal; New York
Stuart M. Brown
DLA Piper; Wilmington, Del.
Neil Gupta
SSG Capital Advisors, LLC; Conshohocken, Pa
William H. Henrich
Getzler Henrich & Associates LLC; New York
Mike Katzenstein
FTI Consulting, Inc.; New York
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Elizabeth McColm
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Kathryn B. McGlynn
Deloitte CRG; New York
Drew McManigle
SierraConstellation Partners, LLC; Houston Texas
Richard E. Mickels
Pachulski Stang Ziehl & Jones LLP
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Natalie D. Ramsey
Montgomery McCracken Walker & Rhoads LLP; Philadelphia
Geoffrey A. Richards
Raymond James
Jeremy W. Ryan
Potter Anderson & Corroon LLP; Wilmington, Del.
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Joseph H. Smolinsky
Weil, Gotshal & Manges LLP; New York
Ross Waetzman
Gavin/Solmonese LLC; Wilmington, Del.
Christopher K. Wu
Teneo Restructuring; New York
14th Annual Complex Financial Restructuring Program Sponsors
AlixPartners LLP
Alvarez & Marsal
Blank Rome LLP
Cowen and Company
Dacarba LLC
Deloitte CRG
DLA Piper
EisnerAmper LLP
Epiq Systems, Inc.
FTI Consulting, Inc.
Gavin/Solmonese LLC
Getzler Henrich & Associates LLC
GlassRatner Advisory & Capital Group LLC
Greenberg Traurig, LLP
Hughes Hubbard & Reed LLP
Montgomery McCracken Walker & Rhoads LLP
Morris, Nichols, Arsht & Tunnell LLP
Pachulski Stang Ziehl & Jones LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Potter Anderson & Corroon LLP
Raymond James
SierraConstellation
Skadden, Arps, Slate, Meagher & Flom LLP
SSG Capital Advisors, LLC
Teneo Restructuring
Theodora Oringher PC
Weil, Gotshal & Manges LLP
2017 Annual Complex Financial Restructuring Program Registration Rates
Registration Rates Early Bird
(postmarked by 10/13/17)Regular
(10/14/17-10/27/17)Late
(after 10/27/17)ABI/TMA Member $545 $595 $645 ABI Govt./Nonprofit Member $345 $395 $445 New ABI Member* $840 $890 $940 New ABI Govt./Nonprofit Member*
$440 $490 $540 ABI Member Exhibitor Registration** $1,600 New ABI Member Exhibitor Registration*** $1,925 Additional Booth Representative $300 * 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.
** 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.
CFRP Optional Event
Single Ticket to CRC Dinner
(Available to registered CFRP attendees and exhibitors only)$150Table Sponsor for CRC Dinner$1,000 (Includes 4 tickets to the CRC Dinner)$2,000 (Includes 8 tickets to the CRC Dinner)To secure one of the following exclusive sponsorships, please select an option below:I would like to sponsor the Cocktail Reception.
(includes a Half Table)*$3,000I would like to sponsor the dinner wine.
(includes a Half Table)*$3,000* Additional benefits apply.
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.
Event Information 253462
Thursday, November 2
Joint Reception and Dinner with 2017 Complex Financial Restructuring Program Participants, in Partnership with TMA’s Philadelphia ChapterThe Ritz-Carlton, Philadelphia
10 Avenue of the Arts
Philadelphia, PA 191026:00-7:00 p.m.
ABI Registration Desk Open
The Ritz-Carlton, Philadelphia
10 Avenue of the Arts
Philadelphia, PA 191026:00-7:00 p.m.
Cocktail Reception
7:00-9:00 p.m.
Dinner
This event is one of the premier gatherings of area restructuring and legal professionals, and will be attended by many local bankruptcy judges. Join your fellow students for an enjoyable evening of dining and networking with future colleagues.
Friday, November 3
7:30-8:45 a.m.
Breakfast and Draw for Team Numbers
(Team deliverables due at 7:30 a.m.)
8:15-8:45 a.m.
Judges’ Meeting
8:45-9:25 a.m.
Round 1A (Teams 1-6)
9:35-10:15 a.m.
Round 1B (Teams 7-12)
10:25-11:05 a.m.
Round 2A (Teams 1-6)
11:15-11:55 a.m.
Round 2B (Teams 7-12)
12:00-1:00 p.m.
Judges’ Scoring Meeting to Determine Finalists
12:15-1:45 p.m.
Luncheon
1:00-1:30 p.m.
First Feedback Session, Followed by Announcement of Finalists
2:30-3:15 p.m.
Finalist Team 1
3:25-4:10 p.m.
Finalist Team 2
4:20-5:05 p.m.
Finalist Team 3
5:05-5:45 p.m.
Judges’ Scoring Meeting to Determine Winner
5:30-7:00 p.m.
Cocktails, Second Feedback Session and Awards
Competition Information
Those who enter will receive the case vehicle/problem by electronic mail one (1) week before the competition.
How to Enter
Please contact Allyson Donohue at [email protected] or (703) 739-0800.
Where and When
The 2017 case competition will take place at The Wharton School, The University of Pennsylvania, Jon M. Huntsman Hall, 3730 Walnut Street, Philadelphia, PA 19104-6362, on November 3, 2017. Lodging will be provided at the The Study at University City.
Top Three Teams
In addition to team and individual trophies, cash prizes will be awarded to the top three teams in the competition.
First place: $6,000
Second place: $3,500
Third place: $2,500Cash prizes are provided by ABI’s Anthony H.N. Schnelling Endowment Fund. The first-place team earns a space on the Bettina M. Whyte Trophy, permanently housed at the ABI offices.
Location
The Wharton School, University of Pennsylvania
Jon M. Huntsman Hall
3730 Walnut Street
Philadelphia, PA 19104-6362Lodging
Included (2 rooms with double beds for each out-of-town team)
Meals
Included
Travel
Responsibility of each participating team
Sponsor Dinner
Get Noticed
By sponsoring a table, members of your firm and your guests will rub elbows with leading practitioners from the Philadelphia, New York and Wilmington insolvency communities. Your sponsorship associates your firm with ABI’s Corporate Restructuring Competition and helps defray the costs for MBA student competitors from the country’s most prestigious business schools.
To reserve your table, please select one of the options below and complete the online form.Major Sponsorship (Competition & Dinner supporter, includes Full Table) $5,000 Full Table Sponsorship (8 seats) $2,000 Half Table Sponsorship (4 seats) $1,000 Cocktail Reception Sponsor (includes Half Table)
$3,000 Dinner Wine Sponsor (includes Half Table) $3,000 Sponsor Benefits Include:
- Four or eight complimentary admissions to the Cocktail Reception and Dinner
- Acknowledgment in all electronic and print promotions of the event
- Up to five (5) first-time ABI memberships for only $100 per person — a savings of $225 per membership
View Sponsorship Opportunities
To sponsor, please contact Sharisa Sloan at [email protected] or Allyson Donohue at [email protected].
Rules of Competition
Composition of the teams
Teams will consist of three or four students who must be enrolled in their school at the time of the competition. Team members may be substituted at the competition in case of illness or disability. It is expected, but not required, that the students will mostly be second-year (graduating in the 2017-2018 school year) MBA students. Teams should not obtain aid in solving the case from individuals who are not part of the team, and will be asked to certify that the work product they submit at the competition is their own. Former competitors are not allowed to compete in this year's competition.
Case vehicle
The case to be analyzed will be delivered to the participating teams one (1) week prior to the competition. The case vehicle, concerning a distressed company, will describe the company and the industry in which it operates. It will present the challenges facing the decision-makers in determining the appropriate restructuring steps to take.
Ancillary information about the company, industry and market data and some basic restructuring and bankruptcy principles will be provided in the case vehicle. The case competition is not intended to be a fact-finding exercise for the teams. The material included in the case vehicle is meant to provide all the information required for the case, and information or facts outside the case materials should not be considered (and will not be considered by the judges if presented).You will be asked at the competition to certify that the work product submitted is only that of your team and its members.
Presentations
As stated in the case materials and as reflected on the competition schedule, the competition will consist of submitting written materials and making presentations, as advisors to the company, to separate panels of judges. The competition will be conducted on one day (Friday, November 3). All teams will be required to submit the written materials and participate in the first two rounds of presentations. Following the completion of the second round of presentations, the judges will meet and consider the performance of the teams considering both the written materials and the presentations. The top three (3) teams will be announced at the end of the lunch break and will proceed to the final presentation of the competition (presentations to start approximately one hour after the announcement of the finalists). At the end of the final presentations, the judges will rank the final three teams and announce the winning team at the closing reception. Teams that are not invited to participate in the finals presentations are encouraged to attend the finals presentations.
Written presentations must be submitted to the ABI representative designated at Registration no later than 7:30 a.m. on Friday, November 3. Each team's presentation should not exceed a limited amount of pages and is likely to include the items listed below, each as set forth in the instructions that will accompany the case materials:
- Liquidity analysis, including 13 week cash forecast
- Capital structure analysis, including the relative viewpoint of each constituent
- Debt capacity
- Prospects for new capital
- Valuation
- Operational alternatives
- Timeline(s)
Competitors will need to carefully consider the content of their presentations and judge what support materials will be used. Too little detail will fail to convince and too much detail runs the risks of losing the attention of the audience and running out of time to cover key agenda points.
Except as necessary as a tiebreaker, no points or rankings will be carried over from the first two presentations to the final presentations.
The ABI reserves the right to use all or portions of your presentations in future ABI programs.Judges
Judges in each of the rounds will be panels of experts from the turnaround, crisis management, distressed debt, DIP financing, legal and bankruptcy advisory industries. The pool of judges will change for each presentation. One of the main benefits to participating teams will be exposure to influential members in these industries.
Judging Criteria
Each presentation will be evaluated by the panel of judges on the basis of the quality of the analysis and presentation in the following areas:
- Financial and Operational Analysis
- Transaction Structure
- Implementation Strategy
- Demonstration of understanding of negotiation dynamics
- Creativity (Presentations)
Particular focus should be directed to compelling arguments, good analyses, likelihood of success, understanding of the dynamics among various constituencies and oral skills. It is important that the presentation demonstrates a thorough consideration of viable alternatives and provides detailed reasoning for recommendations. As with most cases, there is not necessarily a right or wrong answer. The judges will be looking for the quality of the analysis and reasoning in evaluating the presentation.
Questions:
Competition/Registration or Hotel confirmation: Allyson Donohue at ABI, (703) 739-0800 or [email protected]
Rates
Entrance Fee $200 per team Entrance fee is non-refundable. Teams may not withdraw after October 7 without penalty.
Corporate Restructuring Competition Dinner
For additional sponsor information, Please contact Allyson Donohue at [email protected]
Single Ticket to CRC Dinner - $150
(Students are invited to attend the dinner complimentary)Table Sponsor for CRC Dinner $1,000 (Includes 4 tickets to the CRC Dinner) $2,000 (Includes 8 tickets to the CRC Dinner) For More Information, click here
Schools
Babson College
Columbia University
Cornell University
Dartmouth College- Tuck School of business
Northwestern University - Kellogg Distressed Management Club
The Wharton School
University of Chicago- Booth School of Business
University of Virginia- Darden School of Business
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 ILitigation 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 IIEthics 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 IIIPracticing 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 [email protected].
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
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 & WilmerBlack 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, PCGreen 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 $695Join and Save* $870$945 $990Govt./Aca. ABI Member $345$395 $445Govt./Aca. New ABI Member* $440$490 $540Consumer 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) $75Thursday Networking Reception IncludedThursday Networking Reception Guest $40Friday Networking Reception IncludedFriday 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.
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; AtlantaConsumer 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;
ClearwaterCourtney 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 MyersLynn Welter Sherman
Adams and Reese LLP; Tampa
R. Scott Shuker
Latham, Shuker, Eden & Beaudine, LLP;
OrlandoRobert 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***$1,000New ABI Member Exhibitor Registration****$1,325Additional 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.
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.
Event Information 257192
Tuesday, March 6
8:00-9:00 a.m.
Breakfast and Registration
Sponsored by East West Bank
9:00-9:15 a.m.
Welcome by Conference Leadership
9:15-10:30 a.m.
Plenary Session
Supreme Court Review
A look at the Supreme Court and bankruptcy law, with a focus on recent and pending cases.
Dean Erwin Chemerinsky
UC Berkeley School of Law; Berkeley
10:30-11:00 a.m.
Networking Break
Sponsored by Polsinelli LLP
11:00 a.m.- noon
Concurrent Sessions (2)
The Next Retail Shoe to Drop: Preparing for a Mall Meltdown or Miracle?
With more retail bankruptcies sure to follow the 35+ filings that occurred in 2017 alone, and with significant debt maturities on the horizon, mall owners and operators may be the next group to face a new wave of bankruptcy filings. This panel will discuss turnaround strategies that the sector has used to survive, and even thrive, amidst a changing consumer culture.
Jeffrey C. Krause, Moderator
Gibson Dunn & Crutcher LLP; Los Angeles
Todd Allen
BH Properties, LLC; Los Angeles
Craig Boucher
Mackinac Partners LLC; Bloomfield Hills, Mich.
Teresa C. Kohl
SSG Capital Advisors, LLC; West Conshohocken, Pa.
Perspectives on the Emerging Cannabis Industry
This panel will explore the emerging cannabis industry in the U.S., with a particular focus on California and nearby states. The panelists will discuss the impact of the legalization of recreational use, as well as the opportunities and challenges that have been created for investors, attorneys and financial advisors.
Jennifer Mercer, Moderator
Donlin, Recano & Company, Inc.; Los Angeles
Chris Ganan
MedMen; Culver City
Mary Ann Kaptain
FTI Consulting, Inc.; Los Angeles
Aram Ordubegian
Arent Fox LLP; Los Angeles
Hon. Maureen A. Tighe
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
12:00-1:15 p.m.
Luncheon Presentation
Sponsored by Loeb & Loeb LLP and Pachulski Stang Ziehl & Jones
“Shark Tank”
In a riff on the popular television show “Shark Tank,” bankruptcy practitioners will pitch a panel of judicial “sharks” for requested modifications to recent Supreme Court/circuit-level decisions and timely bankruptcy issues.
Judges:
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Hon. Scott C. Clarkson
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
Hon. Deborah J. Saltzman
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles/Santa Barbara
Hon. Erithe A. Smith
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
Attorneys:
Lei Lei Wang Ekvall, Moderator
Smiley Wang-Ekvall; Costa Mesa
David L. Neale
Levene, Neale, Bender, Yoo & Brill L.L.P.; Los Angeles
James I. Stang
Pachulski Stang Ziehl & Jones, LLP; Los Angeles
Christopher A. Ward
Polsinelli PC; Wilmington, Del.
Eric Winston
Quinn Emanuel Urquhart & Sullivan LLP; Los Angeles
1:30-2:30 p.m.
Concurrent Sessions (2)
I’m Gonna Make You an Offer You Can’t Refuse! The Fight Between Secured Creditors and Junior or Unsecured Creditors in Bankruptcy
Secured lenders work with debtors and committees in large chapter 11 cases to modify the environment in which the chapter 11 estate proceeds. This panel will examine the contemporary attributes of negotiated modifications and accommodations in connection with cash-collateral stipulations, DIP financing agreements, bidding procedure orders and chapter 11 plans. The panel will also consider whether any of the typical compromises are questionable in light of decisions, such as Jevic, that challenge the ability of courts and constituents to modify the structure of the chapter 11 playing field.
Scott F. Gautier, Moderator
Robins Kaplan LLP; Los Angeles
Ted A. Dillman
Latham & Watkins LLP; Los Angeles
Ori Katz
Sheppard, Mullin, Richter & Hampton LLP; Los Angeles
Hon. Victoria S. Kaufman
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Municipal Insolvency: California, Puerto Rico and Beyond — the Pension Crisis, Growing Bond Debt Issues and Labor Issues
This panel will examine recent experiences in San Bernardino, Calif., as well as developments in Puerto Rico and other regions in the U.S., and discuss what lies on the horizon.
Paul R. Glassman, Moderator
Stradling Yocca Carlson & Rauth, P.C.; Santa Monica
Vanessa Burke
The Pun Group, LLP; Sacramento
Kim Nicholl
Segal Consulting; Glenview, Ill.
Victor A. Sahn
SulmeyerKupetz; Los Angeles
2:30-3:00 p.m.
Networking Break
Sponsored by Greenberg Glusker Fields Claman & Machtinger LLP
3:00-4:15 p.m.
Plenary Session
Writs of Certiorari: Pros and Cons
This panel will examine splits among the circuits on bankruptcy and bankruptcy-related issues, and will discuss whether the U.S. Supreme Court has granted or will grant certiorari on applications seeking resolution of these circuit splits.
Hon. Scott H. Yun, Moderator
U.S. Bankruptcy Court (C.D. Cal.); Riverside
Richard D. Burstein
Brutzkus Gubner Rozansky Seror Weber LLP; Woodland Hills
Rob Charles
Lewis Roca Rothgerber Christie LLP; Tucson, Ariz.
Sara L. Chenetz
Perkins Coie LLP; Los Angeles
Brian L. Davidoff
Greenberg Glusker Fields Claman & Machtinger LLP; Los Angeles
4:15-5:45 p.m.
Networking Reception
Sponsored by GlassRatner
Co-Chairs
Kimberly A. Posin
Latham & Watkins LLP; Los Angeles
Randye B. Soref
Polsinelli LLP; Los Angeles
Judicial Co-Chair
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Advisory Board
Franklin C. Adams
Best Best & Krieger LLP; Riverside
Kyra E. Andrassy
Smiley Wang-Ekvall; Costa Mesa
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Erin N. Brady
Jones Day; Los Angeles
Richard W. Brunette, Jr.
Sheppard, Mullin, Richter & Hampton LLP; Los Angeles
Christopher Celentino
Dinsmore & Shohl LLP; San Diego
Sara L. Chenetz
Perkins Coie LLP; Los Angeles
Shirley S. Cho
Pachulski Stang Ziehl & Jones LLP; Los Angeles
A. Kyle Everett
Development Specialists, Inc.; San Francisco
Scott Gautier
Robins Kaplan LLP, Los Angeles
Paul R. Glassman
Stradling Yocca Carlson & Rauth, P.C.; Santa Monica
Seth Goldman
Munger, Tolles & Olson LLP; Los Angeles
David Golubchick
Levene, Neale, Bender, Yoo & Brill, LLP, Los Angeles
Richard H. Golubow
Winthrop Couchot Golubow Hollander, LLP; Newport Beach
Julian I. Gurule
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Tiffany M. Ikeda
Arnold & Porter Kaye Scholer LLP; Los Angeles
Thomas P. Jeremiassen
Berkeley Research Group, LLC; Los Angeles
Lance N. Jurich
Loeb & Loeb LLP; Los Angeles
Mary Ann Kaptain
FTI Consulting, Inc.; Los Angeles
Thomas R. Kreller
Milbank, Tweed, Hadley & McCloy LLP; Los Angeles
Winston Mar
SierraConstellation Partners LLC; Los Angeles
Jennifer E. Mercer
Donlin, Recano & Company, Inc.; Los Angeles
Byron Z. Moldo
Ervin, Cohen & Jessup LLP; Beverly Hills
Aram Ordubegian
Arent Fox LLP; Los Angeles
Brian K. Osborne
Rust Omni; Woodland Hills
Victor A. Sahn
SulmeyerKupetz; Los Angeles
Timothy G. Skillman
Deloitte CRG; Los Angeles
Robyn B. Sokol
Brutzkus Gubner Rozansky Seror Weber LLP; Woodland Hills
Joshua Teeple
Grobstein Teeple LLP; Irvine
Susan Tomlinson
Crowe Horwath LLP, Sherman Oaks, CA
Suzzanne Uhland
O'Melveny & Myers LLP; San Francisco
Travis Vandell
JND Corporate Restructuring; Denver
Genevieve G. Weiner
Gibson, Dunn & Crutcher LLP; Los Angeles
Roye Zur
Landau Gottfried & Berger LLP; Los Angeles
Conference Information
Hotel
The conference will be held at the JW Marriott Los Angeles L.A. LIVE, 900 West Olympic Boulevard, Los Angeles, CA 90015. Reservations may be made by contacting the hotel directly at (213) 765-8600.
Continuing Education Credit
Approval for approximately 5.5 hours of CLE credit is pending in states calculating CLE on a 60-minute hour, and 6.5 hours of CLE credit 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 in the amount of 5.5 hours. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 5.5 credit hours. 6.5 hours of CPE credit 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. 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 February 13, 2018. No refunds will be granted after February 13, but substitutions will be allowed. After February 13, 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.
Conference Rates
Registration Rates Early
(postmarked by 1/11/18)Regular
(1/12/18 - 2/15/18)Late
(after 2/15/18)ABI Member $445 $495 $545 Join ABI and Save* $740 $790 $840 Gov’t./Aca./Nonprofit ABI Member
$225 $275 $325 Gov’t./Aca./Nonprofit New ABI Member*
$320 $370 $420 * Includes a one-year ABI membership for first-time members — a $325 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI member to attend the conference.
Event Information 258958
Please join ABI and the Caribbean Insolvency Symposium on February 1, 2018, in Miami in our efforts to support an already struggling Puerto Rico in its recovery. As you may have surmised, the 2018 Caribbean Insolvency Symposium had to be cancelled due to the widespread destruction that Hurricanes Irma and Maria wreaked upon the island. We could not stand by and watch our many friends and colleagues go through these trying times without supporting them.
Our special guest will be the bankruptcy Judges of Puerto Rico. This is a chance to show support for those in immediate need.
ABI will work with The Puerto Rico Recovery Fund and send ALL proceeds from this cocktail reception to aid in recovery efforts. The Puerto Rico Recovery Fund is a 501(c)(3) charity, independent and non-partisan, focused on three strategic and interrelated areas:
- Addressing immediate humanitarian needs.
- Advocacy efforts in San Juan and Washington, D.C., to ensure maximum federal support and efficient resource coordination.
- Medium- and long-term economic development with a focus on resiliency.
How can you help?
- Register to attend and spend the an afternoon & evening with your colleagues in Miami. Pricing is as follows:
- CLE Program Tickets: $75
- Reception Tickets: $150
- Tickets to both: $200
- Sponsor the reception: Contact Jennifer Guirguis at ABI to see options.
- Can't attend but still want to help? Please use this form and send back to ABI.
Thursday, February 1
3:00-4:30 p.m.
What’s Up with PROMESA?
This session will present an update on the pending PROMESA proceedings, focusing on recent rulings and litigation highlights, the status of revised fiscal plans and their importance under PROMESA, use of judicial mediation, the impact of Hurricanes Irma and Maria on the PROMESA proceedings and Puerto Rico’s economic development, and an overview of major economic development initiatives and critical infrastructure projects, and their relationship to PROMESA.
Hon. Enrique S. Lamoutte, Moderator
U.S. Bankruptcy Court (D. P.R.); San Juan
Sonia Colon
Ferraiuoli, LLC; Orlando, Fla.
Richard G. Mason
Wachtell, Lipton, Rosen & Katz; New York
Manuel Rodriguez
Pietrantoni Méndez & Alvarez LLC; San Juan, P.R.
Dr. Antonio Fernos Sagebien
VP, Advanced Research Center; San Juan
Carmen D. Conde Torres
C. Conde & Associates; San Juan, P.R.
4:30-4:45 p.m.
Refreshment Break
4:45-5:45 p.m.
A Conversation with the Judges
This session will provide, in a conversational setting, an opportunity for an exchange of observations and Q&A with Puerto Rico’s Bankruptcy Judges regarding the PROMESA proceedings, Puerto Rico’s financial condition, the effect of the Puerto Rico fiscal crisis and Hurricanes Irma and Maria on bankruptcy filings in Puerto Rico, and other related matters.
Zachary H. Smith, Moderator
Moore & Van Allen PLLC; Charlotte, N.C.
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan
6:00-8:00 p.m.
Caribbean Insolvency Symposium Cocktail Reception to Benefit Puerto Rico
Gold
Silver
Bronze
If you are looking to sponsor this event please contact Jennifer Guirguis at [email protected]
Hotel Information
ABI has secured a small block of rooms at a rate of $259. To make reservations, contact the Ritz Carlton Coconut Grove at (800-542-8680) and refer the group event name or code ABZ.
Approval for approximately 2.5 hours of CLE credit is pending in states calculating CLE on a 60-minute hour, and 3 hours 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 2.5 hours. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 3 credit hours. 3 hours of CPE credit are also available.
Event Information 259512
Comparative Restructuring Laws as Value-Drivers
Wednesday Afternoon, May 16
12:15 p.m.
Registration Opens
12:50 p.m.
Welcoming Remarks
Thomas A. Morrow
Association of Insolvency & Restructuring Advisors; Franklin, Mich.
1:00-1:45 p.m. (.75 hrs.)
Keynote Presentation
Comparative Restructuring Laws as Value-Drivers
International restructuring expert will review foreign and domestic restructuring laws and their relative effects on value maximization, cost reduction and differences in valuation methodology.
James H.M. Sprayregen
Kirkland & Ellis LLP; Chicago
1:45-2:00 p.m.
Refreshment Break
Sponsored by Development Specialists, Inc.
2:00-3:15 p.m. (1.25 hrs)
Valuations – Art or Science? Where We’ve Been and Where We’re Going
This lively session is intended to trace the trends in the application of the technical approaches to business and securities valuations, and to examine the direction the valuation profession is heading in. Are we becoming more of a science or an art, and how will the direction of the profession affect our work and its reliability?
Ian Ratner, Moderator
GlassRatner Advisory & Capital Group LLC; Atlanta
Thomas S. Biemer
Dilworth Paxson LLP; Philadelphia
Thomas J. Hall
Norton Rose Fulbright US LLP; New York
Jack F. Williams
Baker Tilly Virchow Krause, LLP; Atlanta
3:15-3:30 p.m.
Refreshment Break
3:30-5:00 p.m. (1.50 hrs)
Case Study: Valuing and Restructuring Distressed Companies in the Face of Financial and Operational Headwinds
This panel will use a case study approach and mock negotiations to work through restructuring options for a company experiencing significant financial and operational headwinds. The case focuses on issues related to valuation; the rights, remedies and strategies of the company; the company’s lenders; and lenders to key company suppliers.
Michael Friedman, Moderator
Chapman and Cutler LLP; New York
Larry G. Halperin
Chapman and Cutler LLP; New York
Prof. Randel Lewis
University of Denver Daniels College of Business; Denver
Morrie Rutman
Richter Consulting, Inc.; Chicago
5:00 - 6:30 p.m.
Opening Networking Reception
Join us for drinks and hors d’oeuvres with faculty and participants.
Sponsored by AlixPartners LLP
Thursday Morning, May 17
8:00-8:45 a.m.
Registration and Networking Breakfast
Sponsored by Baker Tilly Virchow Krause, LLP
8:45-9:00 a.m.
Welcoming Remarks
Samuel J. Gerdano
American Bankruptcy Institute; Alexandria, Va.
9:00-10:00 a.m. (1.00 hr.)
When Is Adequate Protection Not Adequate?
This panel will discuss issues that have arisen in recent cases regarding adequate protection, including the right and wisdom of current cash payments in the form of legal fees for “secured” creditors, how diminution in value claims for different types of assets are determined, how intercreditor agreements may limit junior secured creditors’ rights to demand and receive adequate protection, and the valuation of assets, including assets used in commodity businesses where value can be cyclical.
Andrew N. Goldman, Moderator
WilmerHale; New York
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Tyler W. Cowan
Lazard; Chicago
Christopher J. Kearns
Berkeley Research Group, LLC; New York
Mark R. Somerstein
Ropes & Gray LLP; New York
10:00-11:00 a.m. (1.00 hr.)
VALCON Talks: “What I’d Change About the Corporate Bankruptcy System”
Based on the incredibly popular “TED Talks” format, VALCON Talks will give four seasoned experts the opportunity to discuss changes they would make to the corporate bankruptcy system. If you consider yourself a bankruptcy guru or just want to be one, you won’t want to miss this program!
Kathryn A. Coleman, Moderator
Hughes Hubbard & Reed LLP; New York
Corinne Ball
Jones Day; New York
Jack Butler
Birch Lake Holdings, LP; Chicago
Prof. Anthony J. Casey
University of Chicago Law School; Chicago
Robert J. Keach
Bernstein Shur; Portland, Maine
11:00-11:15 a.m.
Coffee Break
Sponsored by Omni Management Group, LLC
11:15 a.m.-12:15 p.m. (1.00 hr.)
Energy Restructuring: Looking Forward and Backward
Technology has brought about radical changes in the energy industry, including the creation of new E&P companies, new cost structures and “just-in-time” revenue opportunities, and challenges to all companies in the production-to-consumer stream, including servicing and mid-stream. These changes, and the uncertainty regarding pricing and the evolution of new, unconventional competition, have led to a number of restructurings during the last cycle, as well as uncertainty on the appropriate capital structure and status for the industry going forward. As we transition from the last energy restructuring cycle of 2015-17, what is our takeaway from the key valuation and other issues that were faced? Does the industry require different thinking regarding the relative amounts of debt versus equity? What is the state of energy dealmaking and capital markets? Can we expect further industry restructuring and consolidation? What is the future of unconventional energy sources and traditional offshore sources? Our energy experts will examine these and other issues from a variety of different perspectives, including deal-making, judicial, legal, operations and financial.
Steve M. Abramowitz, Moderator
Vinson & Elkins LLP; New York
Bruce Buchanan
PwC; New York
Albert S. Conly
FTI Consulting, Inc.; Dallas
Michael Genereux
PJT Partners Inc.; New York
Hon. David R. Jones
U.S. Bankruptcy Court (S.D. Tex.); Houston
12:15-1:50 p.m
Luncheon & Session
Sponsored by KCC
Thursday Afternoon, May 17
12: 35 - 1:50 p.m. (1.25 hrs)
Bridging the Gap: Rights Offerings and Other Paths to Exit Bankruptcy
This panel will discuss the use of rights offerings as a bridge to exiting bankruptcy for reorganizing debtors. The panelists will focus on evolving market trends and hot-button issues arising in recent cases, such as backstop participation and related fees, treatment of nonparticipants, and questions regarding shifting values. We will also touch on other financing alternatives that reorganizing entities may consider in bridging the gap to exit.
Rachel Jaffe Mauceri, Moderator
Morgan, Lewis & Bockius LLP; Philadelphia
Matthew Braun
Houlihan Lokey; Los Angeles
Gary T. Holtzer
Weil, Gotshal & Manges LLP; New York
Marti P. Murray
Murray Analytics, New York
1:50 - 2:00 p.m.
Refreshment Break
2:00-3:00 p.m. (1.00 hr.)
Navigating Issues in Fraudulent Transfers
This panel will discuss a number of valuation issues that frequently arise in assessing and litigating fraudulent transfer actions, including (1) valuing contingent assets and liabilities (e.g., environmental liabilities, pending litigation, guarantees, tax attributes, subrogation, contribution and reimbursement claims), (2) avoiding the use of hindsight in assessing solvency and adequate capital, and (3) the use of market-based evidence, including debt and equity trading prices, as well as contemporaneous investments of capital. The panel will also discuss Merit Management Group LP v. FTI Consulting Inc., which is pending before the U.S. Supreme Court, regarding the applicability of the § 546(e) safe-harbor defense.
David M. Hillman, Moderator
Schulte Roth & Zabel LLP; New York
Benjamin I. Finestone
UQuinn Emanuel Urquhart & Sullivan, LLP; New York
Allen Pfeiffer
Duff & Phelps; Morristown, N.J.
Dr. Faten Sabry
NERA Economic Consulting; New York
Douglas E. Spelfogel
Foley & Lardner LLP; New York
3:00-3:15 p.m.
Refreshment Break
Sponsored by Schulte Roth & Zabel LLP
3:15-4:15 p.m. (1.00 hr.)
Issues in Retail Valuations
Hot areas breed hot issues. On this panel, the panelists will cover a variety of hot topics in retail today, including (1) dividend recapitalizations, (2) asset-stripping and dropdown financing, and (3) approaches to valuing intellectual property. This diverse panel, representing a cross-section of the restructuring industry, will discuss a variety of in-court and out-of-court situations.
Rob Jordan, Moderator
KCC; New York
Jeffrey N. Pomerantz
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Durc A. Savini
Guggenheim Securities; New York
Israel Shaked
The Michel-Shaked Group; Boston
4:15-5:15 p.m. (1.00 hr.)
Indicators of Future Distress
During this session, the panelists will discuss the role and responsibility of boards of directors in monitoring for insolvency and taking action, along with a retrospective view of how this has unfolded in certain industries and what indicators were present. Finally, we will consider where valuations fall short at being predictive.
Diana Hopkins, Moderator
BDO USA LLP; New York
Sylvia Cho
Grant Thornton LLP; Chicago
Kenneth J. Malek
MalekRemian LLC; Libertyville, Ill.
Patrick J. Nash Jr.
Kirkland & Ellis LLP; Chicago
5:15-6:45 p.m.
Networking Reception
Sponsored by Jackson Walker LLP
Join us for drinks and hors d’oeuvres with faculty and participants.
Friday Morning, May 18
8:00-8:30 a.m.
Networking Breakfast
8:30-9:30 a.m. (1.00 hr.)
Judicial Panel
Join us for a discussion on hot topics and recent developments in chapter 11, including circuit splits, cross-border protocols, local rules and recent Supreme Court decisions. Conference attendees will have the opportunity to pose questions to the panel. Attendees interested in submitting questions are asked to post questions by email not later than 24 hours prior to this session (address will be provided upon conference registration).
Wayne P. Weitz, Moderator
Hammond Hanlon Camp LLC; New York
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Daniel P. Collins
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Hon. David R. Jones
U.S. Bankruptcy Court (S.D. Tex.); Houston
9:30-9:45 a.m.
Coffee Break
9:45-10:45 a.m. (1.00 hr.)
Distressed Higher Ed and Health Care Topics in Valuation
The valuation of financially distressed and insolvent higher-education and health care organizations is impacted by numerous factors, including government funding/reimbursement, changing business models and macroeconomic factors. This panel will examine recent developments in these areas and discuss how they impact valuation engagements.
Shane Goss, Moderator
Huron Consulting Group Inc.; Chicago
David Fields
RBC Capital Markets, LLC ; Philadelphia
Todd Patnode
Deloitte CRG; Dallas, TX
Cynthia Romano
CR3 Partners LLC; New York
10:45-11:45 a.m. (1.00 hr.)
Special Problems Presenting Financial Consultants as Expert Witnesses and Ethics Hot Topics
Ethical considerations in the preparation and presentation of financial consultants as expert witnesses and other ethics hot topics including recent developments in disclosure requirements and civility.
Michael P. Richman, Moderator
Hunton & Williams LLP; New York
George P. Angelich
Arent Fox LLP; New York
Ted Gavin
Gavin/Solmonese LLC; Wilmington
Prof. Nancy B. Rapoport
UNLV William S. Boyd School of Law; Las Vegas
11:45 a.m.
Adjourn
Conference Information
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 and AIRA have arranged a special conference rate of $245 per night from May 16-18, 2018. Reservations must be made directly with the hotel prior to April 13, 2018, to take advantage of the special conference rate. In order to be eligible for the group rate, reservations may be made only 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 any rooms after the specially rated ABI/AIRA block is filled.
Travel
Air: Fly into McCarran International Airport (LAS).
Ground: Avis car rental discounts are available using Avis Worldwide discount number (J789009). Call (800) 331-1600, or book online at www.avis.com.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 April 25, 2018. No refunds will be granted after April 25, but substitutions will be allowed. After April 25, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
14.25 hours of general CLE credit, including 1 hour of ethics, are pending in states calculating CLE on a 60-minute hour, and 17 hours of general CLE credit, including 1 hour 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 in the amount of 14.25 hours, of which 1 hour 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 17 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. 17 hours of CPE credit, including 1 hour of ethics, are also available. Turnaround Professionals: Certificates of attendance will be available for CPE credits.
*ABI and AIRA offer 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.
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, ABI may allow the individual to work at the 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. Financial assistance is available for this program; all applications for financial assistance must be submitted by March 30, 2018. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].
Co-Chairs
Thomas Studebaker
AlixPartners LLP; Boston
Patricia B. Tomasco
Jackson Walker LLP; Houston
Advisory Board
Steven M. Abramowitz
Vinson & Elkins LLP; New York
George P. Angelich
Arent Fox LLP; New York
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP; New York
Evan B. Blum
Alvarez & Marsal; New York
Jack Butler
Birch Lake Holdings, LP; Chicago
R. Brian Calvert
Development Specialists, Inc.; Los Angeles
Steve Cimalore
Wilmington Trust; Wilmington, Del.
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Stephen B. Darr
Huron Consulting Group Inc.; Boston
Robert J. Dehney
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Joseph A. DiSalvatore
Grant Thornton LLP; New York
Adam Dunayer
Houlihan Lokey; Dallas
Leah M. Eisenberg
Foley & Lardner LLP; New York
Kenneth Epstein
Bentham IMF; New York
William Epstein
BRG Capstone; Los Angeles
Steven Fleming
PricewaterhouseCoopers LLP; New York
Gregory W. Fox
Goodwin Procter LLP; New York
Michael Friedman
Chapman and Cutler LLP; New York
Samuel J. Gerdano
American Bankruptcy Institute; Alexandria, Va.
Jay M. Goffman
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Andrew N. Goldman
WilmerHale; New York
Bradley E. Henn
FTI Consulting, Inc.; New York
David M. Hillman
Schulte Roth & Zabel LLP; New York
Gary T. Holtzer
Weil, Gotshal & Manges LLP; New York
Diana Hopkins
BDO Consulting; New York
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Robert Jordan
KCC; New York
Peter S. Kaufman
Gordian Group, LLC; New York
Adam B. Keil
Moelis & Company; New York
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Kenneth J. Malek
MalekRemian LLC; Libertyville, Ill.
Rachel Jaffe Mauceri
Morgan, Lewis & Bockius LLP; Philadelphia
Deirdre A. McGuinness
Epiq Systems, Inc.; New York
Thomas A. Morrow
Association of Insolvency & Restructuring Advisors; Franklin, Mich.
Patrick J. Nash Jr.
Kirkland & Ellis LLP; Chicago
Allen Pfeiffer
Duff & Phelps; Morristown, N.J.
Ian Ratner
GlassRatner Advisory & Capital Group LLC; Atlanta
Michael P. Richman
Steinhilber Swanson LLP; Madison, Wis.
Jeffrey N. Rothleder
Clark Hill PLC; Washington, D.C.
Dr. Faten Sabry
NERA Economic Consulting; New York
Israel Shaked
The Michel-Shaked Group; Boston
Ross Waetzman
Gavin/Solmonese LLC; Wilmington, Del.
Shai Y. Waisman
Prime Clerk; New York
Antony Walker
CR3 Partners LLC; Dallas
Steven T. Waterman
Dorsey & Whitney LLP; Salt Lake City
Allen D. Wilen
EisnerAmper LLP; Iselin, N.J.
Jack F. Williams
Baker Tilly Virchow Krause, LLP; Atlanta
Major Sponsors
FTI Consulting, Inc.
Event Sponsors
AlixPartners LLP
Baker Tilly Virchow Krause, LLP
Chapman and Cutler LLP
CR3 Partners LLC
Development Specialists, Inc.
Duff & Phelps
Gavin/Solmonese LLC
Grant Thornton LLP
Jackson Walker LLP
KCC
Pachulski Stang Ziehl & Jones LLP
Rust Consulting, Inc.
Schulte Roth & Zabel LLPGeneral Sponsors
Akin Gump Strauss Hauer & Feld LLP
Alvarez & Marsal
Arent Fox LLP
BDO Consulting
Bentham IMF
Birch Lake Holdings, LP
BRG Capstone
Clark Hill PLC
Dorsey & Whitney LLP
EisnerAmper LLP
Epiq Systems, Inc.
Foley & Lardner LLP
GlassRatner Advisory & Capital Group LLC
Goodwin Procter LLP
Gordian Group, LLC
Houlihan Lokey
Hughes Hubbard & Reed LLP
Hunton Andrews Kurth LLP
Huron Consulting Group Inc.
Kirkland & Ellis LLP
MalekRemian LLC
Moelis & Company
Morgan, Lewis & Bockius LLP
Morris, Nichols, Arsht & Tunnell LLP
NERA Economic Consulting;
PricewaterhouseCoopers LLP
Prime Clerk
Skadden, Arps, Slate, Meagher & Flom LLP
The Michel-Shaked Group
Vinson & Elkins LLP
Weil, Gotshal & Manges LLP
WilmerHale
Wilmington Trust
Special Thanks
We extend our special thanks to Wilmington Trust for the tote bags.
2018 Conference Rates
Registration Rates Early
(by 3/9/18)Regular
(3/10/18-5/8/18)Late
(after 5/8/18)ABI/AIRA Member $745$795 $845Gov't./Aca./Nonprofit ABI/AIRA Member $345$395 $445New ABI/AIRA Member* $1040$1090 $1140New Gov't./Aca./Nonprofit ABI/AIRA Member* $440$490 $540*Includes a one-year ABI and AIRA membership for first-time members only — a $590 value! You must be an ABI or AIRA 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.
Event Information 260068
Thursday, May 24
7:30 a.m.
Registration Desk Open
8:00-8:30 a.m.
Continental Breakfast
8:30-8:45 a.m.
Conference Chairs’ Welcome
8:45-10:00 a.m.
Plenary Session
Judges’ Roundtable: Selected Current Topics
Featuring judges from the Southern District of New York, Eastern District of New York, Delaware and Connecticut, including:
Chief Judge Cecelia G. Morris
U.S. Bankruptcy Court (S.D.N.Y.)
Chief Judge Carla E. Craig
U.S. Bankruptcy Court (E.D.N.Y.)
10:00-10:15 a.m.
Refreshment Break
10:15-11:30 a.m.
Concurrent Sessions (6)
Momentive Aftermath
Join this session to discuss cramup and reinstatement since Momentive, including a circuit split and recent developments. Dive into how the interest rate is being determined, as well as equitable mootness and remand issues in Momentive.
Dennis F. Dunne, Moderator
Milbank, Tweed, Hadley & McCloy LLP
Alice B. Eaton
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.)
Christopher K. Wu
Teneo Capital LLC
Paul H. Zumbro
Cravath, Swaine & Moore LLP
Creative Financing Structures
There has been an increasing trend toward using creative structures to transact around limitations in debt documents in order to raise debt, sell assets and/or distribute value to certain stakeholders, including transferring assets to unrestricted subsidiaries, sale/leaseback transactions and FILO loan structures. Take a look into the resulting litigation surrounding these transactions (e.g., Windstream, iHeart, J.Crew) and discuss how the credit default swap market is affecting financing structures.
Madlyn Gleich Primoff, Moderator
Freshfields Bruckhaus Deringer LLP
Hon. Kevin Carey
U.S. Bankruptcy Court (D. Del.)
Sandeep Qusba
Simpson Thacher & Bartlett LLP
J. Soren Reynertson
GLC Advisors & Co.
Municipal Bankruptcies
This panel will examine recent municipality filings and issues that arise in these cases, such as the ability of public utilities/public service entities to file under the Bankruptcy Code (i.e., to what extent is it an extension of the municipality), interaction with state and federal law, tax-exempt economic-development bonds, and whether there should be a mechanism for distressed states to file. Discussion will include updates on Puerto Rico and other cities.
Philip Bentley, Moderator
Kramer Levin Naftalis & Frankel LLP
Maria J. DiConza
Greenberg Traurig LLP
Samuel S. Kohn
Norton Rose Fulbright US LLP
Kevin Lavin
Ankura Consulting Group, LLC
Hon. Julie A. Manning
U.S. Bankruptcy Court (D. Conn.)
Cross-Border Bankruptcy Issues
In this session, the panel will delve into recent chapter 15 decisions and the use of cross-border protocols in complex multijurisdictional cases ( e.g., SDNY General Order M-511, Delaware LBR 9029-2). Learn about preparing a cross-border case and cash-management issues across cross-border estates, difficulties that arise when dealing with foreign boards, subsidiaries in foreign jurisdictions and limited resources to manage the complications, and the winding down and liquidation of cross-border estates.
Kathryn A. Coleman, Moderator
Hughes Hubbard & Reed LLP
David Hilty
Houlihan Lokey
Evan C. Hollander
Orrick
Lisa M. Schweitzer
Cleary, Gottlieb, Steen & Hamilton LLP
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.)
Third-Party Releases
What is consent, and how do you infer consent? This panel will discuss jurisdictional issues with third-party releases, as well as recent cases (Millennium Health, Gawker, SunEdison).
Ira L. Herman, Moderator
Blank Rome LLP
Hon. James L. Garrity, Jr.
U.S. Bankruptcy Court (S.D.N.Y.)
Sharon L. Levine
Saul Ewing Arnstein & Lehr LLP
Daniel Polsky
Getzler Henrich & Associates LLC
Brian Trust
Mayer Brown LLP
Mediation
Interested in mediation? Attend this session to experience a mock mediation and discuss mediation’s benefits and pitfalls. The panel will also examine plan mediation vs. targeted specific issues, as well as material nonpublic information concerns.
Rachel C. Strickland, Moderator
Willkie Farr & Gallagher LLP
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.)
Daniel B. Kamensky
Marble Ridge Capital LP
Susheel Kirpalani
Quinn Emanuel Urquhart & Sullivan, LLP
Brett H. Miller
Morrison & Foerster LLP
11:30-11:45 a.m.
Refreshment Break
11:45 a.m.-1:00 p.m.
Repeat Concurrent Sessions (6)
Momentive Aftermath
Dennis F. Dunne, Moderator
Milbank, Tweed, Hadley & McCloy LLP
Nicole L. Greenblatt
Kirkland & Ellis LLP
Fred B. Ringel
Robinson Brog Leinwand Greene Genovese & Gluck, P.C.
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.)
Christopher K. Wu
Teneo Capital LLC
Creative Financing Structures
Madlyn Gleich Primoff, Moderator
Freshfields Bruckhaus Deringer LLP
Hon. Kevin Carey
U.S. Bankruptcy Court (D. Del.)
Andrew V. Tenzer
Paul Hastings LLP
Kenneth S. Ziman
Lazard
Municipal Bankruptcies
Philip Bentley, Moderator
Kramer Levin Naftalis & Frankel LLP
Elizabeth Abrams
Millstein & Co., L.P.
Robert D. Gordon
Jenner & Block
Sean A. Gumbs
FTI Consulting, Inc.
Hon. Julie A. Manning
U.S. Bankruptcy Court (D. Conn.)
Cross-Border Bankruptcy Issues
Kathryn A. Coleman, Moderator
Hughes Hubbard & Reed LLP
William A. Brandt, Jr.
Development Specialists, Inc.
Daniel A. Lowenthal
Patterson Belknap Webb & Tyler LLP
Jeffrey S. Sabin
Venable LLP
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.)
Third-Party Releases
Ira L. Herman, Moderator
Blank Rome LLP
Hon. James L. Garrity, Jr.
U.S. Bankruptcy Court (S.D.N.Y.)
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP
William P. Weintraub
Goodwin Procter LLP
Mediation
Rachel C. Strickland, Moderator
Willkie Farr & Gallagher LLP
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.)
Michael Genereux
PJT Partners Inc.
Kristopher M. Hansen
Stroock & Stroock & Lavan LLP
Marc E. Hirschfield
Royer Cooper Cohen Braunfeld LLC
1:00-1:45 p.m.
Buffet Lunch
Sponsored by Grant Thornton LLP
1:45-2:30 p.m.
Plenary Session
The Distressed Investment Pipeline: Finding Opportunities in a Mature Credit Cycle
This panel of investors will share their views on the factors that will drive distressed investment opportunities in the months ahead, including economic trends, industry headwinds, political uncertainty and tax and regulatory changes.
Damian Schaible, Moderator
Davis Polk & Wardwell LLP
David Dunn
Cross Sound Management LLC
John Greene
Halcyon Capital Management LP
Sarah Johnson
D. E. Shaw & Co., L.P.
Omar Vaishnavi
BlueMountain Capital Management LLC
2:45-4:00 p.m.
Concurrent Sessions (6)
Avoidance Actions Update
This panel will discuss an update on § 546(e) safe harbors, preemption issues, the cap on recovery under § 550, and Merit Management, Tribune, Physiotherapy and Lyondell.
Barbra R. Parlin, Moderator
Holland & Knight LLP
Hon. Stuart M. Bernstein
U.S. Bankruptcy Court (S.D.N.Y.)
Michael Luskin
Luskin, Stern & Eisler LLP
Jonathan L. Flaxer
Golenbock Eiseman Assor Bell & Peskoe LLP
Edward S. Weisfelner
Brown Rudnick LLP
Venezuela: Obstacles and Opportunities
Join in on this discussion of significant insolvency-related developments in Venezuela.
Timothy Graulich, Moderator
Davis Polk & Wardwell LLP
Richard Cooper
Cleary Gottlieb Steen & Hamilton LLP
Daniel J. Ehrmann
King Street Capital Management, L.P.
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.)
Creditor Group Participation
This session will explore the following questions: Should all similarly situated creditors have the right to participate in rights offerings, financings, etc.? Does it violate Bankruptcy Code provisions or policy to allow a subset of creditors to receive fees and increase their recovery at the expense of similarly situated creditors? Is mandatory market-testing a viable solution?
Alec P. Ostrow, Moderator
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.)
Kenneth Eckstein
Kramer Levin Naftalis & Frankel LLP
David M. Hillman
Schulte Roth & Zabel LLP
Lessons Learned from Retail
Now that there has been a wave of retail cases, this panel will dive into the common key issues that arise in these types of cases: valuation and the sale of IP/customer information, lease-rejection and licensing issues. Is liquidation the only option? Is the company’s brand worth more without the company, and if so, should it be sold or licensed, and how?
Deborah C. Rieger-Paganis, Moderator
AlixPartners, LLP
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.)
Marc D. Puntus
Centerview Partners LLC
Ray C. Schrock
Weil, Gotshal & Manges LLP
Arthur J. Steinberg
King & Spalding LLP
Engaging and Paying Contingency Counsel in Bankruptcy
As the retention of contingency counsel proliferates, stakeholders and their professionals need guidance and creativity in considering the financial arrangements that are negotiated. This panel will focus on ethics and professionalism issues that arise in these retentions, retaining counsel under § 328, how to negotiate and/or determine what compensation is appropriate (20 percent vs. 40 percent), compensation based on case status (e.g., settlement after initial motion practice vs. SJ), hybrid compensation, financing litigation (estate vs. contingency counsel vs. third party, Gawker), who should control settlement as contingency counsel’s stake grows, and when payment of contingency counsel can be contested.
Ilana Volkov, Moderator
Cole Schotz P.C.
Gerard DiConza
Archer & Greiner, P.C.
Eric B. Fisher
Binder & Schwartz LLP
Hon. Alan S. Trust
U.S. Bankruptcy Court (E.D.N.Y.)
Post-Jevic
This session will discuss the implications of this Supreme Court decision, whether gifting is over, alternative avenues of distributions outside of a plan (e.g., pursuant to DIP order, Short Bark), and remand issues in Jevic.
Robert J. Feinstein, Moderator
Pachulski Stang Ziehl & Jones LLP
George A. Davis
Latham & Watkins LLP
Hon. Robert E. Grossman
U.S. Bankruptcy Court (E.D.N.Y.)
Jennifer L. Rodburg
Fried, Frank, Harris, Shriver & Jacobson LLP
J. Scott Victor
SSG Capital Advisors, LLC
4:00-4:15 p.m.
Refreshment Break
4:15-5:30 p.m.
Repeat Concurrent Sessions (6)
Avoidance Actions Update
Barbra R. Parlin, Moderator
Holland & Knight LLP
Hon. Stuart M. Bernstein
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C.
Marc S. Kirschner
Goldin Associates, LLC
Michael Luskin
Luskin, Stern & Eisler LLP
Venezuela: Obstacles and Opportunities
Timothy Graulich, Moderator
Davis Polk & Wardwell LLP
Jasmine Ball
Debevoise & Plimpton LLP
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.)
Deirdre A. McGuinness
Epiq
Creditor Group Participation
Alec P. Ostrow, Moderator
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Blaire Cahn
Baker & McKenzie LLP
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.)
Mark P. Kronfeld
Tennenbaum Capital Partners, LLC
Lessons Learned from Retail
Deborah C. Rieger-Paganis, Moderator
AlixPartners, LLP
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.)
Rachel Jaffe Mauceri
Morgan, Lewis & Bockius LLP
David M. Posner
Kilpatrick Townsend & Stockton LLP
Engaging and Paying Contingency Counsel in Bankruptcy
Ilana Volkov, Moderator
Cole Schotz P.C.
Dion W. Hayes
McGuireWoods LLP
John D. Penn
Perkins Coie LLP
Hon. Alan S. Trust
U.S. Bankruptcy Court (E.D.N.Y.)
Post-Jevic
Robert J. Feinstein, Moderator
Pachulski Stang Ziehl & Jones LLP
Martin J. Bienenstock
Proskauer
Jessica C. Knowles Boelter
Sidley Austin LLP
Jennifer Feldsher
Bracewell
Hon. Robert E. Grossman
U.S. Bankruptcy Court (E.D.N.Y.)
5:30 p.m.
Adjourn
5:30-7:00 p.m.
Networking Reception
Sponsored by Equity Partners HG
Conference Chairs
Hon. Sean H. Lane, Judicial Chair
U.S. Bankruptcy Court (S.D.N.Y.)
Timothy Graulich, Co-Chair
Davis Polk & Wardwell LLP
Sean A. Gumbs, Co-Chair
FTI Consulting, Inc.
Conference Advisory Board
Elizabeth Abrams
Millstein & Co., L.P.
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP
Philip Bentley
Kramer Levin Naftalis & Frankel LLP
Martin J. Bienenstock
Proskauer
Jessica C. Knowles Boelter
Sidley Austin LLP
Ronen A. Bojmel
Guggenheim Partners, LLC
William A. Brandt, Jr.
Development Specialists, Inc.
Kathryn A. Coleman
Hughes Hubbard & Reed LLP
Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C.
Debra A. Dandeneau
Baker & McKenzie LLP
Douglas E. Deutsch
Clifford Chance
Gerard DiConza
Archer & Greiner, P.C.
Dennis F. Dunne
Milbank, Tweed, Hadley & McCloy LLP
Daniel J. Ehrmann
King Street Capital Management, L.P.
Robert J. Feinstein
Pachulski Stang Ziehl & Jones LLP
Eric B. Fisher
Binder & Schwartz LLP
Jonathan L. Flaxer
Golenbock Eiseman Assor Bell & Peskoe LLP
Michael Genereux
PJT Partners Inc.
Jonathan E. Goldin
Goldin Associates, LLC
Nicole L. Greenblatt
Kirkland & Ellis LLP
David A. Hammerman
Latham & Watkins LLP
Kristopher M. Hansen
Stroock & Stroock & Lavan LLP
Dion W. Hayes
McGuireWoods LLP
Marc J. Heimowitz
Coda Advisory Group LLC
William H. Henrich
Getzler Henrich & Associates LLC
Ira L. Herman
Blank Rome LLP
David M. Hillman
Schulte Roth & Zabel LLP
David Hilty
Houlihan Lokey
Marc E. Hirschfield
Royer Cooper Cohen Braunfeld LLC
Evan C. Hollander
Orrick
Zul Jamal
Moelis & Company
Daniel B. Kamensky
Marble Ridge Capital LP
Robin E. Keller
Hogan Lovells
Susheel Kirpalani
Quinn Emanuel Urquhart & Sullivan, LLP
Samuel S. Kohn
Norton Rose Fulbright US LLP
Alan W. Kornberg
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Mark P. Kronfeld
Tennenbaum Capital Partners, LLC
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP
Ivan Lehon
EY
Richard B. Levin
Jenner & Block
Sharon L. Levine
Saul Ewing Arnstein & Lehr LLP
Daniel A. Lowenthal
Patterson Belknap Webb & Tyler LLP
Michael Luskin
Luskin, Stern & Eisler LLP
Richard G. Mason
Wachtell, Lipton, Rosen & Katz
Deirdre A. McGuinness
Epiq
Vivek Melwani
Centerbridge Partners, L.P.
Brett H. Miller
Morrison & Foerster LLP
Dave Miller
Elliott Management Corporation
Nancy A. Mitchell
Greenberg Traurig, LLP
Alec P. Ostrow
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Barbra R. Parlin
Holland & Knight LLP
John D. Penn
Perkins Coie LLP
Irving H. Picard
BakerHostetler
David M. Posner
Kilpatrick Townsend & Stockton LLP
Madlyn Gleich Primoff
Freshfields Bruckhaus Deringer LLP
Marc D. Puntus
Centerview Partners LLC
Sandeep Qusba
Simpson Thacher & Bartlett LLP
J. Soren Reynertson
GLC Advisors & Co.
Michael P. Richman
Hunton & Williams LLP
Deborah C. Rieger-Paganis
AlixPartners, LLP
Fred B. Ringel
Robinson Brog Leinwand Greene Genovese & Gluck, P.C.
Jeffrey S. Sabin
Venable LLP
Chérie Schaible
Ankura Consulting Group, LLC
Brad E. Scheler
Fried, Frank, Harris, Shriver & Jacobson LLP
Ray C. Schrock
Weil, Gotshal & Manges LLP
Lisa M. Schweitzer
Cleary Gottlieb Steen & Hamilton LLP
Glenn E. Siegel
Morgan, Lewis & Bockius LLP
Arthur J. Steinberg
King & Spalding LLP
Rachel C. Strickland
Willkie Farr & Gallagher LLP
Leon Szlezinger
Jefferies LLC
Andrew V. Tenzer
Paul Hastings LLP
My Chi To
Debevoise & Plimpton LLP
Albert J. Togut
Togut, Segal & Segal LLP
Brian Trust
Mayer Brown LLP
Suzzanne Uhland
O’Melveny & Myers LLP
J. Scott Victor
SSG Capital Advisors, LLC
Ilana Volkov
Cole Schotz P.C.
William P. Weintraub
Goodwin Procter LLP
Edward S. Weisfelner
Brown Rudnick LLP
John W. Weiss
Alston & Bird LLP
Christopher K. Wu
Teneo Capital LLC
Kenneth S. Ziman
Lazard
Paul H. Zumbro
Cravath, Swaine & Moore LLP
Event Sponsors
Akin Gump Strauss Hauer & Feld LLP
AlixPartners, LLP
Alston & Bird LLP
Ankura Consulting Group, LLC
Archer & Greiner, P.C.Baker & McKenzie LLP
BakerHostetler
Baker Tilly Virchow Krause, LLP
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Binder & Schwartz LLP
Blank Rome LLP
Brown Rudnick LLPCenterbridge Partners, L.P.
Centerview Partners LLC
Cleary Gottlieb Steen & Hamilton LLP
Clifford Chance
Coda Advisory Group LLC
Cole Schotz P.C.
Cravath, Swaine & Moore LLPDavis Polk & Wardwell LLP
Debevoise & Plimpton LLP
Development Specialists, Inc.
Donlin, Recano & Company, Inc.EisnerAmper LLP
Elliott Management Corporation
Epiq
Equity Partners HG
EYFreshfields Bruckhaus Deringer LLP
Fried, Frank, Harris, Shriver & Jacobson LLP
FTI Consulting, Inc.Gavin/Solmonese LLC
GCG
Getzler Henrich & Associates LLC
GLC Advisors & Co.
Goldin Associates, LLC
Golenbock Eiseman Assor Bell & Peskoe LLP
Goodwin Procter LLP
Grant Thornton LLP
Greenberg Traurig, LLP
Guggenheim Partners, LLCHogan Lovells
Holland & Knight LLP
Houlihan Lokey
Hughes Hubbard & Reed LLPJefferies LLC
Jenner & BlockKilpatrick Townsend & Stockton LLP
King & Spalding LLPKing Street Capital
Kirkland & Ellis LLP
Kramer Levin Naftalis & Frankel LLPLatham & Watkins LLP
Lazard
Loeb & Loeb LLP
Luskin, Stern & Eisler LLPMarble Ridge Capital LP
Mayer Brown LLP
McGuireWoods LLP
Milbank, Tweed, Hadley & McCloy LLP
Millstein & Co., L.P.
Moelis & Company
Morgan, Lewis & Bockius LLP
Morrison & Foerster LLPNorton Rose Fulbright US LLP
O’Melveny & Myers LLP
Orrick, Herrington & Sutcliffe LLP
Otterbourg P.C.Pachulski Stang Ziehl & Jones LLP
Patterson Belknap Webb & Tyler LLP
Paul Hastings LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Perkins Coie LLP
PJT Partners Inc.
Polsinelli
ProskauerQuinn Emanuel Urquhart & Sullivan, LLP
Robinson Brog Leinwand Greene Genovese & Gluck, P.C.
Royer Cooper Cohen Braunfeld LLCSaul Ewing Arnstein & Lehr LLP
Schulte Roth & Zabel LLP
Sherwood Partners, Inc.
Sidley Austin LLP
Simpson Thacher & Bartlett LLP
Skadden, Arps, Slate, Meagher & Flom LLP
SSG Capital Advisors, LLC
Stroock & Stroock & Lavan LLPTeneo Capital LLC
Tennenbaum Capital Partners, LLC
Togut, Segal & Segal LLPVenable LLP
Wachtell, Lipton, Rosen & Katz
Weil, Gotshal & Manges LLP
Willkie Farr & Gallagher LLP
Wilmington Trust2018 Conference Rates
Registration Rates Early
(by 3/9/18)Regular
(3/10/18-5/4/18)Late
(after 5/4/18)ABI Member $595$695 $795Join ABI and Save!* $890$990 $1,090Non-Member $1,070$1,170 $1,270Gov’t./Aca./Nonprofit ABI Member $350$375 $425Gov’t./Aca./Nonprofit New ABI Member* $445$470 $520Registration rates include continental breakfast, luncheon presentation, all refreshment breaks and materials.
* Includes a one-year membership for first-time members only — a $325 value! Membership is individual and nonrefundable. 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.
ABI Member Exhibitor**:$1,600ABI Member Secondary Exhibitor:$500New ABI Member Exhibitor***:$1,895New ABI Member Secondary Exhibitor***:$750** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’ table, full registration for one booth representative AND a one-year membership for first-time members only — a $325 value! Membership is individual and nonrefundable. 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.
Conference Information
Hotel Accommodations
Located in Midtown Manhattan within blocks of Central Park, Times Square, the Theatre District, Fifth Avenue shopping, MOMA and so much more, the New York Hilton Midtown is the perfect host hotel for this program. ABI has negotiated a special conference rate of $299 single/double per night from May 22-23, 2018, at the New York Hilton Midtown (reservations must be made by April 30, 2018, to secure this special rate). Please call (212) 586-7000 to make your reservations. Reservations may be made only once you have registered with ABI. Be sure to identify yourself with the conference to obtain the special conference rate. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Conference Attire
Professional business attire is requested throughout the conference.
Continuing Education Credit*
7 hours of general CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 8 hours of general CLE credit, including 1.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s credit and approval rules. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 6.75 hours, of which 1.25 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 8 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 8 hours of CPE credit, including 1.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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. For information on tuition assistance, e-mail [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by May 3, 2018. No refunds will be granted after May 3, although substitutions will be allowed. After May 3, 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
Event Information 260160
Thursday, June 7
1:00 p.m.
Optional Event: Golf Tournament
Beverage Cart sponsored by Adelman & Gettleman Ltd.
Golf Hole Sponsored by Rubin & Levin, PC
2:00 p.m.
Registration Desk Open
4:00-6:00 p.m.
Optional Event: Young & New Members Beer Tasting at Sprecher’s Restaurant & Pub
Sponsored by Burford Capital LLC and Faegre Baker Daniels
4:30-6:00 p.m.
Optional Event: IWIRC Cocktail Reception
Sponsored by the IWIRC Chicago, Michigan and Wisconsin Networks
5:00-6:00 p.m.
Speaker/Sponsor Reception (by invitation only)
Sponsored by Godfrey & Kahn, S.C.
6:00-8:00 p.m.
Opening Reception
Sponsored by Godfrey & Kahn, S.C. and Jaffe Raitt Heuer & Weiss
Bar Sponsored by Barnes & Thornburg LLP, Equity Partners HG and Howard & Howard
8:00-10:00 p.m.
Optional Event: Dessert and S’mores Under the Stars
Sponsored by Jenner & Block
Friday, June 8
Shuttle to Downtown Lake Geneva
Sponsored by DeMarb Brophy LLC
7:15 a.m.
Registration Desk Open
7:15-8:15 a.m.
Breakfast
Sponsored by Greenberg Traurig, LLP
7:30-7:45 a.m.
Welcome by the Central States Bankruptcy Workshop Program Chairs
7:45-9:00 a.m.
25 Years of Central States
This panel of Central States judges will discuss 25 years of key opinions.
Hon. Donald R. Cassling
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Hon. Susan V. Kelley
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Hon. Michael Ridgway
U.S. Bankruptcy Court (D. Minn.); Minneapolis
Hon. Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
9:15-10:30 a.m.
Concurrent Sessions (5)
Business Track
Retail Restructuring and Liquidation
This panel will discuss strategies and key topics involving the restructuring or liquidation of retail operations. The panelists will address landlord issues and claims, as well as the interplay of §§ 363 and 365, among numerous related matters.
Scott A. Wolfson
Wolfson Bolton PLLC; Troy, Mich.
Hon. Janet S. Baer
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Bernadette M. Barron
Barron Business Consulting, Inc.; Chicago
Clinton E. Cutler
Fredrikson & Byron P.A.; Minneapolis
Hiring and Roles of Receivers and Examiners
This panel will focus on the selection and roles of receivers and examiners, addressing various authorities for the hiring of receivers and examiners and the differences between state and federal law. The panelists will also describe the role of such professionals and provide examples, such as how to deal with governmental entities.
Andrea Gonzalez
Alvarez & Marsal; Chicago
Adam C. Ballinger
Ballard Spahr LLP; Minneapolis
Patrick O’Keefe
O'Keefe; Bloomfield Hills, Mich.
Hon. Deborah L. Thorne
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Small- and Closely Held-Business Issues
This business/consumer crossover panel will tackle various issues relating to small-business cases, including the formation issues involving corporate governance documents and restructuring issues, as well as the sale of minority interests and the filing of the small business and small business owner.
David K. Welch
Burke, Warren, MacKay & Serritella, P.C.; Chicago
Deborah J. Caruso
Rubin & Levin, P.C.; Indianapolis
Robert C. Folland
Barnes & Thornburg LLP; Columbus, Ohio
Hon. Marci B. McIvor
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Consumer Track
Chapter 13 Hot Topics
This panel will address numerous chapter 13 hot topics, such as the use of the national plan, modified national plan and local plans, the treatment of special claims in plans, end-of-case issues, the modification of plans and related topics.
Leslie B. Griffith
Standing Chapter 13 and 12 Trustee (W.D. Wis.); Madison
Hon. LaShonda A. Hunt
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Ryan M. Moldovan
Moldovan Law Firm, PLLC; Lake Orion; Mich.
Hon. Eugene R. Wedoff (ret.)
Oak Park, III.
Discharge and Dischargeability Issues
This panel will address various discharge and dischargeability issues such as standing, imputation of knowledge and limitations on reopening cases.
E. Philip Groben
Gensburg, Calandriello & Kanter, P.C.; Chicago
Kimberly Bedigian
Stevenson & Bullock PLC; Southfield, Mich.
Claire Ann Resop
Steinhilber Swanson, LLP; Madison, Wis.
Hon. Mary Ann Whipple
U.S. Bankruptcy Court (N.D. Ohio); Toledo
10:30-10:45 a.m.
Refreshment Break
Sponsored by Wolfson Bolton PLLC
10:45 a.m.-12:00 noon
Concurrent Sessions (5)
Business Track
Chapter 11 Plan-Confirmation Issues
This panel will address various plan-confirmation issues, including third-party releases, equitable mootness, post-confirmation trusts, and the impact of cases such as Sunnyslope and Millennium Labs.
Hon. Catherine J. Furay
U.S. Bankruptcy Court (W.D. Wis.); Eau Claire
Frank W. DiCastri
Husch Blackwell LLP; Milwaukee
Eric. E. Walker
Perkins Coie LLP; Chicago
Christopher B. Wick
Hahn Loeser & Parks LLP; Cleveland
Selecting and Advocating Expert Witnesses
This panel will address the selection and use of expert witnesses, including tips on how to select an expert, how to prepare an expert and what a judge might find most useful.
Lisa B. Vandesteeg
Sugar Felsenthal Grais & Hammer LLP; Chicago
Kay Dee Baird
Krieg DeVault; Indianapolis
Hon. Donald R. Cassling
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Deanne M. Koll
Bakke Norman, S.C.; Menomonie, Wis.
Anne Vanderkamp
Baker Tilly Virchow Krause, LLP; Chicago
Getting Paid and Avoiding Disgorgement
This panel will focus on carve-out issues, the effects of ASARCO and Baker Botts, and § 506(c) issues. The panel will also address retention issues and administrative insolvency.
Michael R. Stewart
Faegre Baker Daniels; Minneapolis
Paul R. Hage
Jaffe Raitt Heuer & Weiss; Southfield, Mich.
Jeffrey A. Hokanson
Ice Miller LLP; Indianapolis
Elizabeth L. Janczak
Freeborn & Peters LLP; Chicago.
Hon. Daniel S. Opperman
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Consumer Track
Chapter 7 Debtor and Trustee Interactions
This panel will focus on numerous chapter 7 issues, such as avoidable transfers, abandonment, exemptions, reopening of cases and asset-protection trusts.
James V. Block
Krautkramer & Block LLC; Wausau, Wis.
Nauni Manty
Manty & Associates, P.A.; Minneapolis
Richard D. Nelson
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Hon. Michael E. Ridgway
U.S. Bankruptcy Court (D. Minn.); Minneapolis
An Individual Chapter 11 Case Is Not Just a Bigger 13
This panel will discuss pre-petition considerations, disposition of assets and conversion concerns at issue in individual chapter 11 cases.
Hon. Thomas M. Lynch
U.S. Bankruptcy Court (N.D. Ill.); Rockford
Sumner A. Bourne
Rafool, Bourne & Shelby P.C.; Peoria, Ill.
David J. Espin
Petrie & Pettit S.C.; Milwaukee
James D. Sweet
Steinhilber Swanson, LLP; Madison, Wis.
12:00-2:00 p.m.
Optional Event: Family Picnic
Sponsored by Shaw Fishman Glantz & Towbin LLC
1:00-5:00 p.m..
Optional Event: Wine Tour
Sponsored by Murphy Desmond Lawyers S.C.
2:00-5:00 p.m.
Annual Tour de ABI Bicycling Outing
Sponsored by Commercial Recovery Associates, LLC and Ice Miller LLP
2:30-4:45 p.m.
Optional Event: Lake Geneva Private Boat Cruise
Sponsored by Husch Blackwell LLP
Saturday, June 9
Shuttle to Downtown Lake Geneva
Sponsored by Ballard Spahr LLP
7:15 a.m.
Registration Desk Open
7:15-8:00 a.m.
Breakfast
Sponsored by Perkins Coie LLP
7:45-8:00 a.m.
Morning Announcements
8:00-9:30 a.m.
ABI Talks
Join us for a round of the “ABI Talks,” with speakers focusing on the ABI Consumer Commission, litigation finance in bankruptcy, transfers and more.
Kelly Daley
Burford Capital LLC; New York
Eric L. Johnson
Spencer Fane LLP; Kansas City, Mo.
Ronald R. Peterson
Jenner & Block; Chicago
Hon. Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
9:30-10:45 a.m.
Repeat Concurrent Sessions (5)
Business Track
Chapter 11 Plan-Confirmation Issues
Selecting and Advocating Expert Witnesses
Getting Paid and Avoiding Disgorgement
Consumer Track
Chapter 7 Debtor and Trustee Interactions
An Individual Chapter 11 Case Is Not Just a Bigger 13
10:45-11:00 a.m.
Refreshment Break
Sponsored by MorrisAnderson
11:00 a.m.-12:15 p.m.
Repeat Concurrent Sessions (5)
Business Track
Retail Restructuring and Liquidation
Hiring and Roles of Receivers and Examiners
Small- and Closely Held-Business Issues
Consumer Track
Chapter 13 Hot Topics
Discharge and Dischargeability Issues
12:30-2:00 p.m.
Luncheon Session
Conflict Issues and Getting Paid
This panel will address various ethical issues including conflicts, chapter 7 bundling and payment arrangements, and chapter 11 retention and fee applications. Learn how to identify potential conflicts, and discover strategies to deal with them. The panel will also discuss the negotiation of fee agreements before and the application for payment of fees during bankruptcy cases.
Thomas M. Horan, Moderator
Shaw Fishman Glantz & Towbin LLC; Wilmington, Del.
Angela M. Allen
Jenner & Block; Chicago
Hon. James W. Boyd
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Rozanne M. Giunta
Warner Norcross & Judd LLP; Midland, Mich.
Michael P. Richman
Hunton & Williams LLP; New York
2:00 p.m.
Adjourn
Optional Events
Golf Tournament
Thursday, June 7, 1:00 p.m.
Beverage Cart sponsored by Adelman & Gettleman Ltd.
Hole Sponsored by Rubin & Levin, PC
The annual Golf Tournament will be held at the Arnold Palmer Signature Course at Geneva National. The course winds through the rolling woods of Geneva National, with three spectacular finishing holes along Lake Como. Arnold Palmer himself calls the Signature 17th hole one of his favorites, placing it as #11 in his personal “Dream 18″ in the eastern part of the states. The $160 fee for golf includes green fee and cart, box lunch and beverage, and prizes. Please check the appropriate box on the online registration form to play, and indicate your handicap.
Young & New Members Beer Tasting at Sprecher’s Restaurant & Pub
Thursday, June 7, 4:00-6:00 p.m.
Sponsored by Burford Capital LLC and Faegre Baker Daniels
Take part in Milwaukee’s great brewing tradition at Sprecher’s! The $60 fee includes transportation and tasting. Please check the appropriate box on the online registration form.
IWIRC Cocktail Reception
Thursday, June 7, 4:30-6:00 p.m.
Sponsored by the IWIRC Chicago, Michigan and Wisconsin Networks
Join IWIRC for cocktails and hors d’oeuvres to kick off the 2018 ABI Central States Bankruptcy Workshop. The Cocktail Reception will occur immediately prior to the ABI Opening Reception. The cost is $25 for IWIRC members and $40 for non-IWIRC members. Register here.
Wine Tour
Friday, June 8, 1:00-5:00 p.m.
Sponsored by Murphy Desmond Lawyers S.C.
Enjoy the delight of a traditional farm vineyard at Staller Estate Vineyard and Winery. Located near Delavan and Lake Geneva, Staller Estate Vineyard has secluded, beautiful views that offer guests a chance to relax, enjoy the day, and experience some of the best wine in Wisconsin. The cost is $60 per person and includes transportation, tour, and tastings. Please check the appropriate box on the online registration form.
Tour de ABI Bicycling Outing
Friday, June 8, 2:00-5:00 p.m.
Sponsored by Commercial Recovery Associates, LLC and Ice Miller LLP
The $20-per-person fee includes guide, t-shirt, water bottle and gratuities. Please check the appropriate box on the online registration form.
Lake Geneva Private Boat Cruise
Friday, June 8, 2:30-4:45 p.m.
Sponsored by Husch Blackwell LLP
The cost is $70 per person and includes transportation, tour and gratuities. Please check the appropriate box on the online registration form.
“Kids Are Grand” Child Care Program
A daily program just for kids! The Grand Geneva Resort & Spa offers its Kids Are Grand program, which provides daily junior escapades designed to inspire children to be creative and innovative. While parents enjoy golfing, a spa treatment or a romantic dinner, they can have peace of mind knowing that their little ones are having fun and learning with our high-energy Kids Are Grand team members! The cost for children 4 years of age and older is $12 per hour for the first child. Each additional child in the same family is $6 per hour. Friday and Saturday evening rates may be higher. Reservations are required with at least 24 hours’ notice, or you may call for availability on the day of the event. Kids Are Grand is located on the lower level of the WELL Spa + Fitness Center. To make reservations, please call Kids Are Grand at (262) 249-4560, extension 3830, or email [email protected].
Conference Information
Hotel
Grand Geneva Resort & Spa, conveniently located in Lake Geneva, Wis., near Chicago and Milwaukee, is a AAA Four-Diamond resort offering superb guest accommodations. ABI has arranged a special conference rate of $229 single/double (Deluxe rooms) per night. Make your reservations by May 7, 2018, to reserve the special rate. ABI cannot guarantee anyone a room after the May 7 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.
A group rate is also available for 1- and 2-bedroom suites at Timber Ridge Lodge & Waterpark ($229 for one-bedroom and $329 for two-bedroom).
Air and Ground Transportation
Air: Grand Geneva Resort is just an hour’s drive from Milwaukee’s General Mitchell Airport (MKE) and less than 90 minutes from Chicago’s O’Hare Airport (ORD).
Ground: Rental car discounts are available with the following companies: Avis Worldwide: www.avis.com, discount number (AWD) T312900; Budget: www.budget.com, discount number (BCD) Z823091; and Enterprise: www.enterprise.com, account number 16RH314 and pin AME.
Continuing Education Credit*
9 hours of general CLE credit, including 1.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 10.5 hours of general CLE credit, including 1.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s credit and approval rules. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 9 hours, of which 1.5 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 10.5 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 10.5 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. For more information regarding administrative policies such as complaints and refunds, 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 May 17, 2018. No refunds will be granted after May 17, but substitutions will be allowed. After May 17, 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.
Platinum Sponsors
Adelman & Gettleman Ltd.
AlixPartners LLP
Donlin, Recano & Company, Inc.
East West Bank
The Law Office of William J. Factor
Freeborn & Peters LLP
Gavin/Solmonese LLC
Godfrey & Kahn, S.C.
Greenberg Traurig, LLP
Jaffe Raitt Heuer & Weiss
Jenner & Block LLP
KCC
Krieg DeVault LLP
Mackinac Partners LLC
MorrisAnderson
Perkins Coie LLP
Shaw Fishman Glantz & Towbin LLC
Steinhilber Swanson, LLP
Vedder Price PC
Wilmington Trust
Wolfson Bolton PLLCGold Sponsors
Barnes & Thornburg LLP
Burford Capital LLC
Equity Partners HG LLC
Faegre Baker Daniels
Fredrikson & Byron, PA
Howard & Howard
Husch Blackwell LLPSilver Sponsors
Baker Tilly Virchow Krause, LLP
Ballard Spahr LLP
Commercial Recovery Associates, LLC
DeMarb Brophy LLC
GCG
Keller & Almassian, PLC
Ice Miller LLP
Murphy Desmond, SC
Rubin & Levin, PCConference Rates*
Registration Rates* Early
(by 4/20/18)Regular
(4/21/18-5/18/18)Late
(after 5/18/18)ABI Member$595$675$745Join and Save*$890$970$1,040Non-Member**$1185$1265$1335Govt./Academic/Nonprofit ABI Member$375$425$525Govt./Academic/Nonprofit New ABI Member*$470$520$570* Includes a one-year ABI membership for first-time members — a $325 value! Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership renewal fee (see below).
** Please call ABI Accounting offices for this rate.
Exhibitor Rates
ABI Member Exhibitor Registration**$1,200New ABI Member Exhibitor Registration***$1,525Additional Booth Representative$500** 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.
Optional Events
AttendeeGolf TournamentHandicap _____$160Young & New Members Beer Tasting$60Opening ReceptionOpening Reception GuestOpening Reception Child (13 and under)
$0$40$20Dessert and S’mores Under the StarsDessert Reception GuestDessert Reception Child (13 and under)
$0$15$10Family Picnic$0Wine Tour$60Tour de ABI Bicycling Outing$20Lake Geneva Private Boat Cruise$70ABI 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.
Workshop Chairs
Hon. Mary Ann Whipple, Judicial Chair
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Paul G. Swanson, Program Chair
Steinhilber Swanson, LLP; Oshkosh, Wis.
Hon. Catherine J. Furay, Judicial Board Chair
U.S. Bankruptcy Court (W.D. Wis.); Madison
Richard E. Kruger, Advisory Board Chair
Jaffe Raitt Heuer & Weiss; Southfield, Mich.
Advisory Board
A. Todd Almassian
Keller & Almassian, PLC; Grand Rapids, Mich.
Carla O. Andres
Godfrey & Kahn, S.C.; Green Bay, Wis.
Kay Dee Baird
Krieg DeVault; Indianapolis
Brendan G. Best
Varnum LLP; Detroit
Chris L. Blacker
AlixPartners, LLP; Chicago
Mark A. Bogdanowicz
Howard & Howard; Peoria, Ill.
Hon. James W. Boyd
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Marchand Boyd
East West Bank; Pasadena, Calif.
Winnifred P. Boylan
Lambert, Leser, Isackson, Cook & Giunta, PC; Bay City, Mich.
Jonathan T. Brand
Transworld Systems, Inc.; Lake Forest, Ill.
Hon. Donald R. Cassling
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Tracy M. Clark
Steinberg Shapiro & Clark; Southfield, Mich.
Shelly A. DeRousse
Freeborn & Peters LLP; Chicago
Karen E. Evangelista
Karen E. Evangelista, PC; Rochester, Mich.
Stuart A. Gold
Gold Lange & Majoros, PC; Southfield, Mich.
Andrea Gonzalez
Alvarez & Marsal; Chicago
E. Philip Groben
Gensburg Calandriello & Kanter, P.C.; Chicago
Terry E. Hall
Faegre Baker Daniels; Indianapolis
Richard S. Lauter
Lewis Brisbois Bisgaard & Smith LLP; Chicago
James A. Lodoen
Ballard Spahr LLP; Minneapolis
Evelyn J. Meltzer
Pepper Hamilton LLP; Wilmington, Del.
Nicholas M. Miller
Neal, Gerber & Eisenberg LLP; Chicago
Cynthia A. Moyer
Fredrikson & Byron P.A.; Minneapolis
Richard D. Nelson
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
David M. Powlen
Barnes & Thornburg LLP; Wilmington, Del.
Mark L. Radtke
Shaw Fishman Glantz & Towbin LLC; Chicago
Shawn M. Riley
McDonald Hopkins LLC; Cleveland
Melissa M. Root
Jenner & Block; Chicago
Hon. John H. Squires (ret.)
Springer Brown, LLC; Wheaton, Ill.
Lisa B. Vandesteeg
Sugar Felsenthal Grais & Hammer LLP; Chicago
Iana A. Vladimirova
Husch Blackwell LLP; Madison, Wis.
Eric. E. Walker
Perkins Coie LLP; Chicago
Thomas G. Wallrich
Cozen O’Connor; Minneapolis
Scott A. Wolfson
Wolfson Bolton PLLC; Troy, Mich.
Craig E. Zucker
Erman, Teicher, Zucker & Freedman, P.C.; Southfield, Mich.
Event Information 260247
Thursday, April 26
11:00 a.m.
Golf
As the #1 golf course in Connecticut, the Rees Jones-designed North Course at Lake of Isles challenges players with more than 7,300 yards of manicured fairways and greens. Five sets of tees at each hole give golfers of all skill levels a chance to score. Players can arrive as early as 10:00 a.m., with an 11:00 a.m. shotgun start. Golf Fee includes amenities, prizes and a boxed lunch.
1:30-3:30 p.m.
Golf Clinic
This two-hour golf clinic with Golf Academy PGA Professionals will include one hour of full swing and one hour of short game.
6:00-7:30 p.m.
Cocktail Reception
Sponsored by Bentham IMF
Friday, April 27
7:45-8:45 a.m.
Hot Breakfast
Sponsored by Aurous Financial and Burford Capital
8:45-9:00 a.m.
Opening Remarks
9:00-10:15 a.m.
Sponsored by Arent Fox LLP
Views from the Bench
Leading judges from three circuits will discuss cutting-edge bankruptcy and restructuring issues, developing or changing bankruptcy jurisprudence, and practice tips and advice on recent trends.
Andrew I. Silfen, Moderator
Arent Fox LLP; New York
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Rosemary Gambardella
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D. N.Y.); Brooklyn
Hon. James J. Tancredi
U.S. Bankruptcy Court (D. Conn.); Hartford
10:15-10:30 a.m.
Break
Sponsored by RJ Reuter Business Consulting
10:30-11:30 a.m.
Sponsored by Pachulski Stang Ziehl & Jones LLP
Litigation Funding in the Bankruptcy Space
Richard E. Mikels, Moderator
Pachulski Stang Ziehl & Jones LLP; Wayland, MA
Kenneth Epstein
Bentham IMF; New York
Jonathan Friedland
Sugar Felsenthal Grais & Helsinger LLP; New York
Christy Searl
Burford Capital LLC; New York
11:30 a.m.-12:30 p.m.
Sponsored by Veritas Financial Partners
Lending
Jacen A. Dinoff, Moderator
KCP Advisory Group LLC; Burlington, Mass.
Robert P. Grbic
White Oak Commercial Finance, LLC; New York
Robert A. Miller
Rosenthal & Rosenthal, Inc.; New York
Mark Seigel
Veritas Financial Partners; Boca Raton, Fla.
Jeff Sirchio
Aurous Financial
Symposium Information
Hotel
The Mohegan Sun is one of the world’s most amazing destinations, containing some of New England’s finest dining, hotel accommodations, shopping and golf. The resort is within 45 minutes of Providence, Hartford and New Haven, and just over 90 minutes from Boston. New York is little more than 2 hours away. ABI has arranged a special conference rate of $159 single/double from April 25-26, 2018. Make your reservations by April 4, 2018, to reserve this special rate. You can make your reservation online at https://aws.passkey.com/go/NYIC18. ABI cannot guarantee anyone a room after the April 4 cutoff or after the specially rated ABI block has been filled.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 5, 2018. No refunds will be granted after April 5, but substitutions will be allowed. After April 5, 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 Credit
3.25 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 3.75 hours of general CLE credit are pending in 50-minute-hour states. 1 hour of CPE credit will also be available. Credit hours granted are subject to each state’s credit and approval rules. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 3.25 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 3.5 credit hours. 3.5 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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 course for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org. For more information regarding administrative policies such as complaints and refunds, 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. For information on tuition assistance, send an e-mail to [email protected].
Symposium Rates
Early
(by 3/30/18)Regular
(3/31/18-4/25/18)On-Site
(4/26/18-4/27/18)ABI/TMA/NYIC Member$275$320$365Non-Member$320$365$410Guest*$125$125$125Golf$225$225$225Golf Clinic**$165$165$165Exhibitor***$500$500$500* A “GUEST” IS 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.
** This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
*** Includes registration for the Symposium.
Planning Committee
Joshua W. Cohen
Day Pitney LLP; New Haven, Conn.
Jacen Dinoff
KCP Advisory Group LLC; Burlington, Mass.
Samuel J. Gerdano
American Bankruptcy Institute; Alexandria, Va.
Harvey Gross
New York Institute of Credit; New York
Sarah Kuhns
New York Institute of Credit; Fairfield, Conn.
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP; Boston
Ryan J. Mulcunry
Great American Group; Needham, Mass.
Paul Rome
Paul Rome and Associates, LLC
Andrew I. Silfen
Arent Fox LLP; New York
David M. Weinstein
Ares Management LLC; Tarrytown, NY
Dorri Weinstein
Turnaround Management Association; Weston, Conn.
Allen D. Wilen
EisnerAmper LLP; Iselin, NJ
Event Information 260327
Thursday, April 19
10:00 a.m.
Registration
10:30-10:45 p.m.
Welcome Address and Introduction
10:45 a.m.-12:45 p.m.
Resolution of Systemically Important Financial Institutions (SIFIs)
Single-point-of-entry resolution strategies under OLA and chapter 11 of the Bankruptcy Code, and proposed amendments to the Bankruptcy Code designed to facilitate single-point-of-entry resolution.
Donald S. Bernstein
Davis Polk & Wardwell LLP; New York
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.); New York
Richard B. Levin
Jenner & Block; New York
William J. Perlstein
Bank of New York Mellon; New York
Prof. Mark J. Roe
Harvard Law School; Cambridge, Mass.
Rebecca J. Simmons
Sullivan & Cromwell LLP; New York
David Wall
Federal Deposit Insurance Corporation, Washington, D.C.
Jim Wigand
Millstein & Co., L.P.; Washington, D.C.
12:45-2:00 p.m.
Luncheon Presentation
International cooperation and cross-border issues impacting single-point-of-entry resolution strategies.
Randall D. Guynn
Davis Polk & Wardwell LLP; New York
Geoff Davies
Bank of England; London
Eva Hüpkes
Financial Stability Board; Basel, Switzerland
Reena Agrawal Sahni
Shearman & Sterling; New York
David Wall
Federal Deposit Insurance Corporation, Washington, D.C.
2:00-2:15 p.m.
Refreshment Break
2:15-3:45 p.m.
Safe-Harbored Financial Contracts
Preserving the value of financial contracts during the resolution process, including discussions of existing safe-harbored contract-termination practices, recent U.S. rules regarding qualified financial contract default rights, and the ISDA Resolution Stay Protocols.
Ann Battle
International Swaps & Derivatives Association; Washington, D.C.
Seth Grosshandler
Cleary Gottlieb Steen & Hamilton LLP; London
Anna M. Harrington
Board of Governors of the Federal Reserve System; Washington, D.C.
Prof. Stephen J. Lubben
Seton Hall University School of Law; Newark, N.J.
Laura Martin
Securities Industry and Financial Markets Association; New York
David Pauker
New York
Richard Ostrander
BlackRock, Inc.; New York
William Thum
The Vanguard Group, Inc.; Valley Forge, Pa.
Wendy Yun
Goldman Sachs Asset Management; New York
3:45-4:00 p.m.
Refreshment Break
4:00-5:15 p.m.
Way Too Big, and Small Enough, to Fail
Resolution plans for clearing organizations, and resolution of financial firms that do not qualify as SIFIs.
Lee Betsill
CME Group; Chicago
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Prof. Edward (Ted) Janger
Brooklyn Law School; Brooklyn, N.Y.
Vincent E. Lazar
Jenner & Block; Chicago
Michael J. Sage
Dechert LLP; New York
Lisa M. Schweitzer
Cleary Gottlieb Steen & Hamilton LLP; New York
Ann K. Shuman
The Depository Trust & Clearing Corp.; New York
Robert S. Steigerwald
Federal Reserve Bank of Chicago; Chicago
Robert B. Wasserman
Commodity Futures Trading Commission; Washington, D.C.
5:15-5:30 p.m.
Concluding Remarks
6:00–7:30 p.m.
ABI’s Annual Spring Meeting Opening Reception
Included in registration
Symposium Information
Hotel
Conveniently located near Penn Quarter, CityCenterDC and the Capital One Arena, the Marriott Marquis in downtown Washington, D.C., makes it easy to explore the city’s best attractions. ABI has arranged for a special conference rate of $339 a night. Reservations must be made by March 16, 2018, to secure the special conference rate. Reservations may be made only 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.
Continuing Education
3.75 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 4.5 hours of general CLE credit are pending in 50-minute-hour states. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 3.75 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 4.5 credit hours. 4.5 hours of CPE credit 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. For information on tuition assistance, send an e-mail to [email protected].
Rates
Early Bird
(through April 6)Regular Rate
(after April 6)with Annual Spring Meeting Registration $195$245$75Event Information 261090
Sunday, December 9
OVERVIEW AND INTRODUCTION TO THE FUNDAMENTALS OF BANKRUPTCY MEDIATION
2:00-2:30 p.m.
Welcome, Purpose and Goal-Setting
2:30-3:00 p.m.
Why Bankruptcy Mediation?
3:00-3:45 p.m.
The Role of a Bankruptcy Mediator — Developing a Mediator’s Mind
3:45-4:00 p.m.
Break
4:00-4:45 p.m.
Bankruptcy Mediation Overview: Definition, A Tale of Two Theories: Understanding Conflict-Resolution Ideology in Bankruptcy, Values, Anatomy of Mediation, Mediator’s Role — Lecture
4:45-6:00 p.m.
Effective Opening Statements and Agenda-Setting — Lecture and Exercise
6:00-6:30 p.m.
Beginning Mediator’s Skills: Promoting Effective Conflict Discourse
6:30-7:30 p.m.
Cocktail Reception
Monday, December 10
APPLICATION AND PRACTICE OF FUNDAMENTAL BANKRUPTCY MEDIATION SKILLS
9:30-9:45 a.m.
Reflections, Questions and Review of Day One
9:45-10:45 a.m.
Mediator’s Skills: Promoting Effective Conflict Discourse (cont’d.) — Lecture, Exercise and Simulation
10:45-11:00 a.m.
Break
11:00-11:15 a.m.
Physical and Organizational Considerations in Mediation
11:15 a.m.-12:30 p.m.
Role Play #1: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
Professional Bankruptcy Mediators: A Real World View of the Business and Profession of Mediation
It is both exciting and challenging to expand your bankruptcy practice to include mediation. Learn from respected professionals about their development and marketing strategies to help generate your mediation practice. (Bob Fishman, Rick Mikels, Jerry Markowitz and Scott Stuart)
1:30-2:15 p.m.
Drafting Summary Letters
2:15-3:45 p.m.
Role Play #2: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
3:45-4:00 p.m.
Break
4:00-5:30 p.m.
Role Play #3: Chapter 13 — Simulation, Individual Group Debrief and Class Debrief
5:30-6:00 p.m.
Drafting Summary Letters
Tuesday, December 11
PRACTICE CHALLENGES IN BANKRUPTCY MEDIATIONS: VALUATIONS AND MULTI-PARTY MEDIATIONS
9:30-9:45 a.m.
Reflections, Questions and Review of Day Two
9:45-10:30 a.m.
Overcoming Valuation Impasses: Effective Strategies in Lieu of Mediator Evaluation
10:30-10:45 a.m.
Break
10:45-11:15 a.m.
Overcoming Valuation Impasses: Psychological Distortions that Interfere with Rational Decision-Making
11:15 a.m.-12:30 p.m.
Role Play #4: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
The Rise of Plan Mediation: Benefits and Pitfalls
1:30-3:00 p.m.
Convening and Facilitating Multi-Party Mediations: Chapter 11 Bankruptcy Mediations
3:00-3:15 p.m.
Break
3:15-5:15 p.m.
Role Play #5: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
5:15-6:00 p.m.
Integrating Lessons Learned from Multi-Party Mediations
Wednesday, December 12
PRACTICE CHALLENGES IN MEDIATION: OVERCOMING FINAL IMPASSES AND ETHICS
9:30-9:45 a.m.
Reflections, Questions and Review of Day Three
9:45-10:45 a.m.
Strategies for Overcoming Final Impasses
10:45-11:00 a.m.
Break
11:00 a.m.-12:30 p.m.
Role Play #6: Chapter 11
12:30-1:30 p.m.
Working Lunch
Mediation Demonstrations: Bridging the Gap (Ed Dobbs)
1:30-3:00 p.m.
Role Play #7
3:00-3:30 p.m.
Integrating Lessons Learned from Role Plays
3:30-3:45 p.m.
Break
3:45-6:00 p.m.
Clarifying the Blurry Ethical Contours of Bankruptcy Mediation and Confidentiality — Lecture and Exercise
Thursday, December 13
BANKRUPTCY MEDIATION: PRE-MEDIATION, ETHICS AND PUTTING IT ALL TOGETHER
9:30-9:45 a.m.
Reflections, Questions and Review of Day Four
9:45-10:45 a.m.
Cross-Border Mediation — Lecture and Exercise
10:45-11:00 a.m.
Break
11:00 a.m.-12:30 p.m.
Role Play #8: Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
The Different Views from the Bench and Mediation Practice
1:30-3:30 p.m.
Role Play #9: Simulation, Individual Group Debrief and Class Debrief
3:30-4:00 p.m.
Overview Checklist
4:00-4:15 p.m.
Next Steps to Becoming a Professional Mediator
4:15-5:00 p.m.
Closing Ceremony
This schedule is subject to modification.
Faculty
Lead Trainer:
Prof. Elayne E. Greenberg
Assistant Dean for Dispute Resolution Programs
Professor of Legal Practice
Director of The Hugh L. Carey Center for Dispute Resolution
St. John’s University School of Law; New YorkLecturers:
C. Edward Dobbs
Parker, Hudson, Rainer & Dobbs LLP
Coaches:
Robert M. Fishman
Fox Rothschild LLP
Jerry M. Markowitz
Markowitz Ringel Trusty + Hartog, P.A.
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP
Scott Y. Stuart
Esquify, Inc.
The Gold Standard of Bankruptcy Mediation Training
The ABI/St. John’s Bankruptcy Mediation Training program is designed to educate mediators about the theory, skills and specific practice challenges of bankruptcy mediation. Guided by a distinguished faculty of nationally respected bankruptcy jurists, practitioners and mediators, the ABI/St. John’s Mediation Training program teaches the critical skills that are requisites for bankruptcy mediators. Our training faculty includes leaders in the field of mediation and bankruptcy. Lectures, exercises and simulations focus solely on bankruptcy conflicts.
Beyond the core skills that are essential for good mediators, participants will also learn about specialized bankruptcy issues inherent in bankruptcy mediations, including:
-
Understanding the Anatomy of a Successful Bankruptcy Mediation
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Maximizing Pre-Mediation Opportunities
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Managing the Multi-Party Dynamics of Bankruptcy Mediation
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Analyzing Impasses in Bankruptcy and Applying Impasse-Breaking Skills
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Mediating Valuation Conflicts Without Having the Mediator Evaluate
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Distinguishing Between Writing Mediation Summaries and Drafting Agreements
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Defining Bankruptcy Mediation Ethics Within a Collegial Bankruptcy Community
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Maintaining Momentum and Ensuring Continuity in Multi-Session Mediations
During the 40 hours of this highly interactive five-day training program, participants will develop an understanding of the practice of bankruptcy mediation through a combination of lectures, videos, demonstrations and supervised simulations. At the conclusion of the training, participants will receive a Certificate of Completion of ABI/St. John’s Bankruptcy Mediation Training, the Gold Standard of Bankruptcy Mediation Training. Participants will also receive a DVD of themselves in action during a mock mediation. As an added bonus, the training qualifies for continuing legal education credit*.
*In order to receive credit, participants are required to commit to attending the entire 40 hours of training.
Why Bankruptcy Mediation Training?
Bankruptcy judges, lawyers and financial advisors have a long-held and respected reputation of competently assessing the bottom line and settling their cases. However, despite bankruptcy professionals’ best efforts, sometimes cases are unable to be settled. For those cases, mediation can be the appropriate forum. Increasingly, bankruptcy courts are using mediation as a valuable adjunct to their case management to help resolve issues that even the most skilled bankruptcy professionals are unable to resolve. Consequently, there is a growing need for trained bankruptcy mediators.
Who Should Attend?
If you are a bankruptcy judge, lawyer or financial professional who is interested in applying your bankruptcy expertise, learning more about bankruptcy mediation and possibly becoming a bankruptcy mediator, or if you are already a mediator and would like to expand your skills into bankruptcy mediation, this training is for you.
Conference Information
Attendance/Participation Policy
Participants are required to attend the entire 40 hours of training. If you cannot attend all 40 hours, please defer registering.
Hotel
Participants are responsible for their own travel and hotel arrangements. Some nearby hotels to consider are The Millennium Hilton, Cosmopolitan Hotel Tribeca, Embassy Suites Hotel New York, New York Marriott and Holiday Inn Downtown. These listings are provided for informational purposes only and are not vendor endorsements or recommendations.
Location
St. John's University School of Law, Manhattan Campus
51 Astor Place
New York, NY 10003
Building entrance is between 3rd and 4th AvenuesCancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by October 12, 2018. No refunds will be granted after October 12, but substitutions will be allowed. After October 12, 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 Credit
33.75 hours of general CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 40.5 hours of general CLE credit, including 2.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s credit and approval rules. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 33.75 hours, of which 2.25 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 40.5 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. 40.5 hours of CPE credit, including 2.5 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. For more information regarding administrative policies such as complaints and refunds, 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. For information on tuition assistance, send an e-mail to [email protected].
Conference Rates
Registration Rates Early
(by 10/31/18)Regular
(after 10/31/18)ABI Member$3,295$3,400New ABI Member*$3,590$3,695ABI Government/Non-Profit Member$2,795$2,900New ABI Government/Non-Profit Member*$3,070$3,175* Includes a one-year ABI membership for first-time members — a $325 value! ABI membership is individual and nonrefundable. Expired members should select the member rate and renew their membership at renew.abi.org.
A non-refundable deposit of $200 is due at registration. The balance will be due no later than November 1, 2018. ABI will invoice you for the balance.-
Event Information 261429
Thursday, July 26
2:00-6:00 p.m.
Registration Open
4:00-5:00 p.m.
BONUS! Technology and Your Practice
Earn your required Technology CLE credits in this bonus session with ABI CIO, Karim Guirguis.
5:00-6:00 p.m.
Young and New Members Reception
6:00-8:00 p.m.
Opening Reception
Sponsored by Adams and Reese LLP, Broad and Cassel LLP and Nelson Mullins Riley & Scarborough LLP
8:00-10:00 p.m.
S’Mores and Stars Evening Social
Friday, July 27
7:00-8:00 a.m.
Breakfast
7:20-7:30 a.m.
Welcome Remarks
7:30-9:00 a.m.
Plenary Session
Why Not Here? An Examination of Why More Chapter 11 Business Cases Aren’t Filed in the Southeast
This panel will examine the factors considered by debtors and their advisors when determining where to file a large chapter 11 business case, and the occasional efforts to have the case transferred to a venue that is arguably more convenient to creditors, employees and/or shareholders. The panel will also discuss the pending legislation known as the Bankruptcy Venue Reform Act of 2018 (S. 2282) — as well as the arguments both supporting and opposing its passage.
Hon. Mary Grace Diehl, Moderator
Atlanta
James D. Decker
Guggenheim Securities, LLC; Atlanta
Paul G. Jennings
Bass, Berry & Sims PLC; Nashville, Tenn.
Patrick J. Nash, Jr.
Kirkland & Ellis LLP; Chicago
9:00 a.m.-5:00 p.m.
Beach Day
Enjoy a reserved beach area for Southeast Bankruptcy Workshop attendees, with chairs, towels, umbrellas and some beach games courtesy of King & Spalding LLP.
Refreshments sponsored by Elliott Greenleaf9:00-9:15 a.m.
Refreshment Break
9:15-10:45 a.m.
Concurrent Sessions (4)
Rescuing Hospitals from the Emergency Room
All types of hospitals — from acute care to highly specialized — are experiencing financial challenges. This is especially true for rural and nonprofit hospitals, which often rely heavily on slower and lower payments from Medicare and Medicaid. Often the best (or only) solution for a distressed hospital is a sale to a larger hospital operator or system. This panel will examine the unique challenges facing buyers and sellers in connection with such distressed hospital sales.
Margaret R. Westbrook, Moderator
K & L Gates LLP; Raleigh, N.C.
Hon. Paul W. Bonapfel
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Paul K. Ferdinands
King & Spalding LLP; Atlanta
Samuel R. Maziel
Dentons US LLP; Los Angeles
Louis E. Robichaux
Ankura Consulting Group, LLC; Dallas
Restaurant Bankruptcies and Restructurings: The Next Big Wave in Retail Insolvencies?
The restaurant industry, particularly the fast food and fast casual sectors, is under pressure from rising food and labor costs, the changing dining habits of millennials, and decreased foot traffic at retail shopping centers. This panel will examine those trends and explore potential strategies to maximize enterprise value, both in and out of bankruptcy court.
Joe A. Joseph, Moderator
Burr & Forman LLP; Birmingham, Ala.
William Bullock
Regions Bank; Birmingham, Ala.
Rebecca Finch Redwine
Hendren, Redwine & Malone, PLLC; Raleigh, N.C.
Jonathan M. Tibus
Alvarez & Marsal; Atlanta
D & O Insurance Coverage: “The Rest of the Story”
The only D&O insurance policy issues that get much attention — in the restructuring world, at least — are (1) the insured-vs.-insured exclusion and (2) obtaining stay relief to access policy proceeds. The panel will tell the “rest of the story” by addressing important — but often overlooked — coverage issues and offering practical advice for purchasing D&O insurance policies (on behalf of distressed entities) and monetizing such policies (on behalf of fiduciaries).
Robert M.D. Mercer, Moderator
Schulten Ward Turner & Weiss, LLP; Atlanta
Darryl Scott Laddin
Arnall Golden Gregory LLP; Atlanta
Jason S. Mazer
Cimo Mazer Mark PLLC; Miami
David A. Sellars
McGriff, Seibels & Williams, Inc.; Roswell, Ga.
Consumer Track
The Bankruptcy Rules Seven Months Later: New Model Chapter 13 Plan, New Secured Proof of Claim Filing Requirement, and Other Changes
This panel will discuss and analyze the New Model Chapter 13 Plan and other changes in the Bankruptcy Rules that became effective in December 2017, the process of implementation, and any issues that have arisen since the new Rules took effect.
Christopher L. Hawkins, Moderator
Bradley Arant Boult Cummings LLP; Birmingham, Ala.
Hon. Henry A. Callaway
U.S. Bankruptcy Court (S.D. Ala.); Mobile
O. Byron Meredith III
Office of Chapter 13 Trustee O. Byron Meredith III; Savannah, Ga.
Travis Sasser
Sasser Law Firm; Raleigh, N.C.
10:45-11:00 a.m.
Refreshment Break
Sponsored by Nexsen Pruet LLC
11:00 a.m.-12:30 p.m.
Concurrent Sessions (4)
The Curious Case of the LLC: Often Used, but Rarely Understood
Limited liability companies are outpacing corporations as the preferred business form, but they are a newly popular type of entity. This panel will track LLC law as it rapidly evolves to deal with the unique issues LLCs present. How does the Bankruptcy Code interact with state law in handling these issues, including member- and manager-managed LLCs, single-member LLCs, LLCs as assets of an estate, charging liens, restrictions on attachment or transfer of membership interests, and forced insolvencies? Please join us as we examine the clues to unravel the case of this curious entity.
Elizabeth A. Green, Moderator
BakerHostetler; Orlando, Fla.
Barbara G. Barton
Barton Brimm, PA; Murrells Inlet, S.C.
Brian K. Smithweck
Adams and Reese LLP; Mobile, Ala.
Hon. David M. Warren
U.S. Bankruptcy Court (E.D.N.C.); Raleigh
Rafael X. Zahralddin-Aravena
Elliott Greenleaf; Wilmington, Del.
The Best-Laid Plans...
This session will examine key chapter 11 plan and confirmation issues and considerations, including plan-support agreements, nonconsensual third-party plan releases, classification and voting, valuation and cramdown interest rates, and “gifting” in plans post-Jevic.
Joseph A. Weissglass, Moderator
Configure Partners, LLC; Atlanta
Jay R. Bender
Bradley Arant Boult Cummings LLP; Birmingham, Ala.
Katie Goodman
GGG Partners, LLC; Atlanta
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
David A. Wender
Alston & Bird LLP; Atlanta
Consumer Track
All Things Discharge
This panel will discuss current litigation/case law on discharge injunction violations and remedies, including sanctions.
Melissa J. Davey, Moderator
Office of Melissa J. Davey, Standing Chapter 13 Trustee; Atlanta
Sarah Edwards
McGlinchey Stafford, PLLC; New Orleans
Robert C. Furr
Furr & Cohen, P.A.; Boca Raton, Fla.
Hon. William R. Sawyer
U.S. Bankruptcy Court (M.D. Ala.); Montgomery
Skills/Young Lawyer Track
Accounting in the Bankruptcy Context
This panel will focus on what the numbers mean, who cares about them and why they care — and why you should care, too.
Jennifer Meyerowitz, Moderator
GCG; Atlanta
Gregory G. Hesse
Hunton & Williams LLP; Dallas
Suzanne Kelly
Kelly Garfinkle Strategic Restructuring LLC; Washington, D.C.
Heather G. Williams
Protiviti, Inc.; Richmond, Va.
12:45 - 2:30 p.m.
IWIRC Luncheon at SALT
Hosted by the George, Carolinas, Gulf Coast and Florida IWIRC Networks.
To Register please click here.
1:00 p.m.
Optional Event: Golf Tournament
Beverage Cart sponsored by Alvarez & Marsal North America, LLC
Golf Holes sponsored by Heard Ary & Dauro LLC and K&L Gates LLP
4:30-6:00 p.m.
Optional Event: Sparkling Wine Afternoon Social
Sponsored by Bass, Berry & Sims PLC and Bradley Arant Boult Cummings LLP
Saturday, July 28
7:00-8:00 a.m.
Breakfast
7:20-7:30 a.m.
Welcome Remarks
7:30-9:00 a.m.
Plenary Session
Case Updates: Business and Consumer Law Developments
This panel will present a lively discussion of key issues decided in business and consumer bankruptcy cases throughout the country over the past year.
Hon. Michelle M. Harner, Moderator
U.S. Bankruptcy Court (D. Md.); Baltimore
Prof. Angela K. Littwin
Ronald D. Krist Professor in Law, University of Texas School of Law; Austin, Texas
Hon. Frank J. Santoro
U.S. Bankruptcy Court (E.D. Va.); Norfolk
9:00 a.m.-5:00 p.m.
Beach Day
Enjoy a reserved beach area for Southeast Bankruptcy Workshop attendees, with chairs, towels, umbrellas and some beach games courtesy of Burr & Forman LLP.
Refreshments sponsored by Elliott Greenleaf9:00-9:15 a.m.
Refreshment Break
9:15-10:45 a.m.
Repeat Concurrent Sessions (2)
The Curious Case of the LLC: Often Used, but Rarely Understood
The Best-Laid Plans...
Concurrent Sessions (2)
Consumer Track
Appeals in Consumer Bankruptcy
This panel of judges, trustees and attorneys will explore appellate issues in consumer bankruptcy cases, including how to preserve and file an appeal, procedural requirements, rule impediments, best practices and recent appellate case law.
Nancy J. Whaley, Moderator
Office of Nancy J. Whaley, Standing Chapter 12 and 13 Trustee; Atlanta
Hon. Jennie D. Latta
U.S. Bankruptcy Court, W.D. Tenn.; Memphis
Jane Harris Downey
Moore Taylor Law Firm; West Columbia, S.C.
Hon. William R. Sawyer
U.S. Bankruptcy Court (M.D. Ala.); Montgomery
Skills/Young Lawyer Track
How the Three Little “Ps” — Pitching, Presentation and Performance — Can Blow Your Audience Away
Learn how to enhance your client and committee pitches, hone your panel presentations, and “wow” your court or your audience from this group of skilled advocates and public speakers. This workshop, suitable for attorneys of all levels, will provide you with tips, lessons and examples to help you improve your presentation skills.
Carrianne Basler
AlixPartners LLP; Chicago
J.P. Cournoyer
Northern Blue, LLP; Chapel Hill, N.C.
Christine L. Myatt
Nexsen Pruet LLC; Greensboro, N.C.
10:45-11:00 a.m.
Refreshment Break
11:00 a.m.-12:30 p.m.
Repeat Concurrent Sessions (3)
Rescuing Hospitals from the Emergency Room
Restaurant Bankruptcies and Restructurings: The Next Big Wave in Retail Insolvencies?
D&O Insurance Coverage: “The Rest of the Story”
Concurrent Session
Skills/Young Lawyer Track
Litigation Skills
Rory D. Whelehan, Facilitator
Womble Bond Dickinson (US) LLP; Greenville, S.C.
G. William McCarthy, Jr.
McCarthy, Reynolds & Penn, LLC; Columbia, S.C.
Thomas J. Salerno
Stinson Leonard Street LLP; Phoenix
Hon. Frank J. Santoro
U.S. Bankruptcy Court (E.D. Va.); Norfolk
1:30 p.m.
Optional Event: Tennis Tournament
Sponsored by Parker, Hudson, Rainer & Dobbs LLP
2:00-3:30 p.m.
Optional Event: Ice Cream Afternoon Social
5:30-6:30 p.m.
Speaker/Sponsor Cocktails (by invitation only)
Sponsored by Kozyak Tropin Throckmorton, LLP, McGlinchey Stafford, PLLC and Reynolds, Reynolds & Little, LLC
6:30-9:00 p.m.
Beach Bash!
Join us on the beach for food, fun and live music!
Dinner sponsored by Genovese Joblove & Battista, P.A., HDH Advisors and Kilpatrick Townsend & Stockton LLP
Bar sponsored by Deloitte CRG
Shoe Valet & Flip Flops sponsored by GGG Partners, LLC
Entertainment sponsored by Greenberg Traurig, LLP
Party sponsored by Bingham Greenebaum Doll LLP and McNair Law Firm, P.A.
Sunday, July 29
7:00-8:00 a.m.
Family Breakfast
Sponsored by Alston & Bird LLP
7:30-9:00 a.m.
Enhancing Justice, Reducing Bias: Examining the Bankruptcy System
Join the growing conversation about the intersection of race and socioeconomic barriers in bankruptcy. What are the facts? What can be done about reducing bias? What is our professional responsibility as bankruptcy professionals to overcome these barriers?
Prof. Robert M. Lawless
University of Illinois College of Law; Champaign, Ill.
Hon. Jennie D. Latta
U.S. Bankruptcy Court, W.D. Tenn.; Memphis
Henry E. Hildebrand
Chapter 13 Trustee; Nashville, Tenn.
Prof. Angela K. Littwin
Ronald D. Krist Professor in Law, University of Texas School of Law; Austin
9:00-9:15 a.m.
Refreshment Break
Sponsored by Stichter, Riedel, Blain & Postler, P.A.
9:15-10:45 a.m.
Judicial Merry-Go-Round
Don’t miss these roundtables on today’s provocative issues, led by the judges of the Southeast Bankruptcy Workshop.
Hon. John E. Waites, Moderator
U.S. Bankruptcy Court (D. S.C.); Columbia
Hon. Paul W. Bonapfel
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Hon. Henry A. Callaway
U.S. Bankruptcy Court (S.D. Ala.); Mobile
Hon. Bernice B. Donald
U.S. Court of Appeals (6th Cir.); Memphis, Tenn.
Hon. Michelle M. Harner
U.S. Bankruptcy Court (D. Md.); Baltimore
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Frank J. Santoro
U.S. Bankruptcy Court (E.D. Va.); Norfolk
Hon. William R. Sawyer
U.S. Bankruptcy Court (M.D. Ala.); Montgomery
Hon. David M. Warren
U.S. Bankruptcy Court (E.D.N.C.); Raleigh
10:45 a.m.
Adjourn
Optional Events
S’mores and Stars Evening Social
Thursday, July 26, 8:00-10:00 p.m.
It’s s’mores under the stars! Join us for s’more networking as we roast marshmallows and enjoy the glow of fire pits and one of summer’s great pastimes. The event is FREE for attendees, $15 for guests and $10 for children 12 and under. Pre-registration is required; please check the appropriate box on the online registration form.
Beach Days
Friday, July 27, 9:00 a.m.-5:00 p.m.
Sponsored by King & Spalding LLP
Saturday, July 28, 9:00 a.m.-5:00 p.m.
Sponsored by Burr & Forman LLP
FREE! Enjoy a reserved beach area just for Southeast Bankruptcy Workshop attendees, complete with chairs, towels, umbrellas and beach games.
IWIRC Luncheon at Salt
Friday, July 27, 12:45 - 2:30 p.m.
Sponsored by the Georgia, Carolinas, Gulf Coast and Florida IWIRC Networks
Please join IWIRC for a luncheon during the 2018 ABI Southeast Bankruptcy Workshop at SALT in the Ritz-Carlton, Amelia Island. The luncheon will occur immediately after the Friday panels. The cost is $20 for IWIRC members and $30 for non-IWIRC members. Register here.
Golf Tournament
Friday, July 27, 1:00 p.m.
Beverage Cart sponsored by Alvarez & Marsal North America, LLC
Golf Holes sponsored by Heard Ary & Dauro LLC and K&L Gates LLP
The annual golf tournament will be held at The Golf Club of Amelia Island, adjacent to the hotel. Designed by PGA tour veterans Mark McCumber and Gene Littler, the course presents players with the ultimate in pure golfing pleasure. The $195 fee includes green fee and cart, boxed lunch and beverage, and prizes. Please check the appropriate box on the online registration form to play, and indicate your handicap.
Sparkling Wine Afternoon Social
Friday, July 27, 4:30-6:00 p.m.
Sponsored by Bass, Berry & Sims PLC and Bradley Arant Boult Cummings LLP
Cheers! Start happy hour early with bubbling conversation and sparkling wines as we sample a unique variety of proseccos, rosés and cavas. The cost for this event is $40 per person, which includes sparkling wine tastings, light snacks and gratuities. Please check the appropriate box on the online registration form.
Tennis Tournament
Saturday, July 28, 1:30 p.m.
Sponsored by Parker, Hudson, Rainer & Dobbs LLP
The clay courts of The Ritz-Carlton, Amelia Island will be the site of our round-robin tournament. The $60-per-person fee includes tournament fees, boxed lunch and beverage, and prizes. Please check the appropriate box on the online registration form.
Ice Cream Afternoon Social
Saturday, July 28, 2:00-3:30 p.m.
I scream, you scream, we all scream for ice cream! Make your own sundae and enjoy the sweet side of summer at this family-friendly social. This event is FREE for attendees and $10 for guests of all ages.
Beach Bash!
Saturday, July 28, 6:30-9:00 p.m.
Dinner sponsored by Genovese Joblove & Battista, P.A., HDH Advisors and Kilpatrick Townsend & Stockton LLP
Bar sponsored by Deloitte CRG
Shoe Valet & Flip Flops sponsored by GGG Partners, LLC
Entertainment sponsored by Greenberg Traurig, LLP
Party sponsored by Bingham Greenebaum Doll LLP and McNair Law Firm, P.A.Join us on the beach for food, fun and live music! The cost of this event is $50 for attendees, $65 for guests and $35 for children 12 and under. Pre-registration is required.
Ritz Kids®
The Ritz-Carlton, Amelia Island offers the Ritz Kids® program, an exclusive supervised children’s program designed specifically for children ages 5-12. The Ritz Kids® program allows parents to play while children stay with trained and certified counselors. Each counselor is certified in infant, child and adult CPR, basic first aid and water safety. The staff takes extra care to ensure that each child enjoys a positive, rewarding experience in the Ritz Kids® program. The Full-Day Program takes place Thursday through Saturday from 9:00 a.m.-4:00 p.m. and includes juice, snacks and lunch. The program fee is $75 for the first child and $70 for each additional child. The Half-Day Program includes juice and snacks and is available Thursday through Sunday mornings from 9 a.m.-12 noon and Thursday through Saturday afternoons from 1:00-4:00 p.m. The half-day program fee is $55 for the first child and $50 for each additional child. An optional lunch may be included for an additional $15. 24-hour advance reservations are requested. Cancellations must be received within four hours of the program start time, or full charges will be applied to the guest account. To make reservations, please call Ritz Kids at (904) 321-5013.
Conference Information
Hotel
In the Ritz-Carlton tradition of elegance and unparalleled service, the top-rated Ritz-Carlton, Amelia Island is one of the finest getaways in the world. Nestled at the edge of a 13-mile beach along the Atlantic Ocean, this resort offers beachfront horseback riding, wave runners, ocean kayaks, indoor and outdoor pools, whirlpools and spa service, as well as golf and tennis. ABI has arranged a special conference rate of $339 single/double per night for Coastal View rooms. A limited number of Oceanfront Suites and Club Coastal rooms are also available to conference attendees at a rate of $459 per night (Oceanfront Suite) and $529 per night (Club Coastal). Make your reservations by June 25, 2018, to reserve these special rates. You will receive a special room reservation link after you have registered with ABI. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the June 25 cut-off or after the specially rated ABI block has been filled. The hotel will sell out, so please make your reservations accordingly.
Spa Discount: The Ritz-Carlton is graciously offering Workshop attendees a 10% discount off spa treatments of 60 minutes or longer, as well as 10% off retail products in the spa boutique. Since the spa sells out on a daily basis, please contact the spa in advance at (904) 277-1087 to receive the 10% group discount by letting a spa concierge know you that are with the American Bankruptcy Institute 2018 Southeast Bankruptcy Workshop.
Continuing Education Credit*
12 hours of general CLE credit, including 1.5 hours of ethics/professionalism, are pending in states calculating CLE on a 60-minute hour, and 14 hours of general CLE credit, including 1.5 hours of ethics/professionalism, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s credit and approval rules. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 12 hours, of which 1.5 hours will apply to ethics/professionalism. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 14 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 14 hours of CPE credit, including 1.5 hours of ethics/professionalism, 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. For more information regarding administrative policies such as complaints and refunds, 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 July 5, 2018. No refunds will be granted after July 5, but substitutions will be allowed. After July 5, 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.
Workshop Chairs
Hon. John E. Waites, Judicial Chair
U.S. Bankruptcy Court (D. S.C.); Columbia
David K. Bowsher, Co-Chair
Adams and Reese LLP; Birmingham, Ala.
W. Austin Jowers, Co-Chair
King & Spalding LLP; Atlanta
Advisory Board
Jody A. Bedenbaugh
Nelson Mullins Riley & Scarborough LLP; Columbia, S.C.
Edward C. Boltz
The Law Offices of John T. Orcutt, PC; Durham, N.C.
Christine E. Brimm
Barton Brimm, PA; Columbia, S.C.
Matthew R. Brooks
Troutman Sanders LLP; Atlanta
Robert A. Cox, Jr.
Bradley Arant Boult Cummings LLP; Charlotte, N.C.
Melissa Jane Davey
Stites & Harbison, PLLC; Atlanta
Melissa Davis
KapilaMukamal; Fort Lauderdale, Fla.
Kelly Desgrosseilliers
Epiq; Wilmington, Del.
Jane Harris Downey
Moore Taylor Law Firm; West Columbia, S.C.
Reid E. Dyer
Moore & Van Allen PLLC; Charleston, S.C.
Ashley A. Edwards
Parker Poe Adams & Bernstein LLP; Charlotte, N.C.
Curt S. Friedberg
GGG Partners, LLC; Atlanta
Robert C. Furr
Furr & Cohen, P.A.; Boca Raton, Fla.
Craig M. Geno
Law Offices of Craig M. Geno, PLLC; Ridgeland, Miss.
Elizabeth A. Green
BakerHostetler; Orlando, Fla.
James S. Hadfield
Configure Partners, LLC; Atlanta
Kevin D. Heard
Heard, Ary & Dauro, LLC; Huntsville, Ala.
John B. Hutton III
Greenberg Traurig, LLP; Miami
James R. Irving
Bingham Greenebaum Doll LLP; Louisville, Ky.
Kristina M. Johnson
Jones Walker LLP; Jackson, Miss.
Joe A. Joseph
Burr & Forman LLP; Nashville, Tenn.
Jennifer B. Kimble
Prime Clerk; New York, NY
Stephanie C. Lieb
Trenam Law; Tampa, Fla.
Justin B. Little
Reynolds, Reynolds & Little, LLC; Tuscaloosa, Ala.
John H. Maddock III
McGuireWoods LLP; Richmond, Va.
John Makuch
Alvarez & Marsal; Atlanta
Jennifer M. McLemore
Christian & Barton, LLP; Richmond, Va.
Robert M. Mercer
Schulten Ward Turner & Weiss, LLP; Atlanta
Jennifer M. Meyerowitz
GCG; Atlanta
Lance T. Miller
Deloitte Transactions and Business Analytics LLP; Atlanta
Christine L. Myatt
Nexsen Pruet LLC; Greensboro, N.C.
Edward J. Peterson, III
Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.
James (Jay) S. Rankin, Jr.
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
David L. Rosendorf
Kozyak Tropin Throckmorton, LLP; Miami
Ashley S. Rusher
Blanco Tackabery & Matamoros, P.A.; Winston-Salem, N.C.
Lisa M. Schiller
Fort Lauderdale, Fla.
J. Ellsworth Summers, Jr.
Burr & Forman LLP; Jacksonville, Fla.
Nicolette C. Vilmos
Broad and Cassel LLP; Orlando, Fla.
Michael H. Weaver
McNair Law Firm, P.A.; Columbia, S.C.
David A. Wender
Alston & Bird LLP; Atlanta
Margaret R. Westbrook
K&L Gates LLP; Raleigh, N.C.
Nancy J. Whaley
Standing Chapter 13 Trustee (N.D. Ga.); Atlanta
Rory D. Whelehan
Womble Bond Dickinson (US) LLP; Greenville, S.C.
Melissa A. Youngman
Melissa Youngman, PA; Orlando, Fla.
Rates
Registration Rates Early Bird
(by 4/27/18)Regular
(4/28/18-6/22/18)Late
(after 6/22/18)ABI Member$645$695$745ABI Govt./Nonprofit/Aca. Member$425$475$525Join & Save*$940$990$1,040New Govt./Nonprofit/Aca. ABI Member**$515$565$615* There will be a $50 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.
ABI Member Exhibitor Registration***$1,600New ABI Member Exhibitor Registration****$1,925Additional 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.
Optional Events
Opening ReceptionGuestChild (12 and under)
$0$50$25S’Mores and Stars Evening SocialGuestChild (12 and under)
$0$15$10Golf TournamentHandicap ________$195Sparkling Wine Afternoon Social$40Tennis Tournament$60Ice Cream Afternoon SocialGuest (all ages)$0$10Beach Bash
GuestChild (12 and under)$50
$65
$35
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.
Premium Sponsors
Adams and Reese LLP
Alston & Bird LLP
Alvarez & Marsal North America, LLC
BakerHostetler
Bass, Berry & Sims PLC
Bradley Arant Boult Cummings LLP
Broad and Cassel LLP
Burr & Forman LLP
CR3 Partners LLC
Deloitte
Donlin, Recano & Company, Inc.
Epiq Systems, Inc.
Equity Partners HG
Furr & Cohen, P.A.
Gavin/Solmonese LLC
Genovese Joblove & Battista, P.A.
GGG Partners, LLC
GlassRatner Advisory & Capital Group LLC
Greenberg Traurig, LLP
HDH Advisors
KCC
Kilpatrick Townsend & Stockton LLP
King & Spalding LLP
McGuireWoods LLP
Moore & Van Allen PLLCNelson Mullins Riley & Scarborough LLP
Nexsen Pruet LLC
Parker, Hudson, Rainer & Dobbs LLP
Polsinelli
Reynolds, Reynolds & Little, LLC
Womble Bond Dickinson (US) LLPPatron Sponsors
Bingham Greenebaum Doll LLP
Blanco Tackabery & Matamoros, P.A.
Carl Marks Advisors
Elliott Greenleaf
FTI Consulting, Inc.
Jones Walker LLP
Kozyak Tropin & Throckmorton, LLP
McGlinchey Stafford, PLLC
McNair Law Firm, P.A.
Sherwood Partners, Inc./agencyIPSupporting Sponsors
Baker Tilly Virchow Krause, LLP
Craig M. Geno, PLLC
GCG
Guggenheim Securities, LLC
Heard Ary & Dauro LLC
KapilaMukamal, LLP
K&L Gates LLP
Markowitz Ringel Trusty & Hartog, P.A.
Parker Poe Adams & Bernstein LLP
Stichter, Riedel, Blain & Postler, P.A.
Thompson Hine LLP
Trenam LawWe extend our special thanks to BakerHostetler for the conference lanyards, Equity Partners HG for the printed pocket agendas, Gavin/Solmonese LLC for the daily e-newsletter, GCG and KapilaMukamal, LLP for the cellphone charging stations, KCC for the materials on thumb drives, Sherwood Partners, Inc./agencyIP for sponsoring the exhibit hall, Wilmington Trust for the tote bags and Womble Bond Dickinson (US) LLP for the conference Wi-Fi.
Event Information 261568
Thursday, July 12
9:00 a.m.-5:00 p.m.
ABC Exams
2:00 p.m.
ABI Registration Desk and Exhibit Hall Open
2:30-5:00 p.m.
Emerging Leaders Program
Calling all up-and-comers in the bankruptcy industry! Join us for this new, half-day program exclusively for emerging leaders attending the ABI Northeast Conference or Consumer Forum. We invite lawyers, financial advisors, bankers, etc. with less than 10 years of insolvency expertise, either consumer or business focus, to participate in an interactive program involving common insolvency issues facing junior insolvency professionals. Participants will break into small working groups led by emerging leader facilitators and bankruptcy judges to consider issues of substantive law as well as practical procedures for both the courtroom and boardroom. A reception for Emerging Leaders will immediately follow this program.
Jeremy R. Fischer, Moderator
Drummond Woodsum; Portland, Maine
Eric R. Blythe
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; Boston
Shari I. Dwoskin
Brown Rudnick LLP; Boston
Amelia C. Joiner
Morgan, Lewis & Bockius LLP; Boston
Jonathan D. Marshall
Choate Hall & Stewart LLP; Boston
Hon. Christopher J. Panos
U.S. Bankruptcy Court (D. Mass.); Boston
Keri L. Wintle
Duane Morris LLP; Boston
Aparna Yenamandra
Kirkland & Ellis LLP; New York
5:00-6:00 p.m.
Emerging Leaders Reception (invite only)
Sponsored by WilmerHale
6:00-7:30 p.m.
Opening Reception
Sponsored by Choate Hall & Stewart LLP and Duane Morris LLP
Bar sponsored by Sullivan & Worcester
Friday, July 13
7:15-7:45 a.m.
Continental Breakfast
Sponsored by Gavin/Solmonese LLC
7:45-8:00 a.m.
Welcome Address
8:00-9:30 a.m.
The Future of the Legal Profession
Is the legal profession’s vision for the law firm of the future already outdated? Can the law firm of today cope with the incredibly dynamic and changing competitive legal services environment, or will it go the way of the dinosaur? Greater and new competition in the forms of artificial intelligence, disruptive technology, the Big Four accounting firms, enlarged in-house legal staffs, and alternative legal service providers are eating law firms’ lunch. Clients are demanding service, efficiency and transparency in a way that puts tremendous pressure on the traditional law firm model. On top of that, the battle for the best talent is intensifying while the very nature of that talent is transforming as millennials start to dominate the talent pool. Our panel will discuss what a law firm must do to evolve and survive and how it potentially can thrive in a rapidly changing legal market.
Steven C. Browne
Morgan, Lewis & Bockius LLP; Boston
Dr. Heidi K. Gardner
Harvard University; Cambridge, Mass.
Joseph F. Ryan
Brown Rudnick LLP; Boston
9:30-9:45 a.m.
Coffee Break
Sponsored by Bernstein Shur
9:45-11:00 a.m.
Business Track Sessions (2)
Transactions: Closely Held Businesses
This panel will consider how to plan for and resolve disputes in family businesses/closely held partnerships/limited liability companies when there is a deadlock or unplanned event. What happens when the business is in financial distress, senior management suddenly dies, or ownership/management are in disagreement on the next steps for the business? The panelists will debate from various perspectives how best to navigate the corporate form to keep a good business model as a going concern. Issues may arise when the company’s president dies/walks away without a succession plan. How can the company continue? What about where the entity is a single-purpose one and commencing bankruptcy requires unanimity — are there fiduciary duties to consider? Different factual scenarios will be explored from the perspective of both secured lenders and company counsel, ranging from governance issues to enforcement issues (e.g., no succession plan, deadlocks on voting, no life insurance on president, and lender’s collateral). The panel will focus on considerations on voting, transactional and other governance issues both in and out of court.
Amy A. Zuccarello, Moderator
Sullivan & Worcester; Boston
Charles A. Goodrich
Goodrich & Associates LLC; Lexington, Mass.
Hon. Robert E. Grossman
U.S. Bankruptcy Court (E.D.N.Y.); Central Islip
Scott Vickery
Webster Bank, N.A.; Boston
Complex Commercial: This Year’s Most Important Issues in Commercial Restructuring
Recent court decisions will impact future commercial restructuring. The panel will provide an overview of the four most pressing issues in commercial restructuring over the past year, including debt recharacterization, third party releases, cram down interest rates, and rights of dissenting bondholders in out of court workouts. In each instance, our expert panelists will provide an overview of the issue at hand, recent case law developments, and considerations of their impact on future restructurings.
Leslie Ann Berkoff
Moritt Hock & Hamroff LLP; Garden City, N.Y.
James Calandra
Capstone Headwaters; Boston
Hon. James J. Tancredi
U.S. Bankruptcy Court (D. Conn.); Hartford
James M. Wilton
Ropes & Gray LLP; Boston
Consumer Track Session
Get a Big Retainer! Preparing Complex Consumer Cases
This program will discuss issues and approaches to complex cases highlighting criminal issues, a debtor’s interrelated business, contested valuation and confirmation, and preparing for related litigation.
James F. Molleur, Moderator
Molleur Law Office; Biddeford, Maine
Heather Zubke Cooper
Facey Goss & McPhee P.C.; Rutland, Vt.
Hon. Michael A. Fagone
U.S. Bankruptcy Court (D. Me.); Bangor
Daniel Mark Rabinovitz
Murphy & King; Boston
11:00-11:15 a.m.
Coffee Break
Sponsored by Goulston & Storrs PC
11:15 a.m.-12:30 p.m.
Business Track Sessions (2)
Litigation: Recent Trends in Bankruptcy Litigation Strategies and Tactics
This panel of experienced practitioners will survey the latest developments regarding bankruptcy jurisdiction, limitations on the powers of Article I judges, venue, removal, withdrawal of the reference, abstention, jury trial rights, appeals, case-management orders and Rule 2004 protocols, and will consider ways in which bankruptcy professionals can take advantage of these developments and avoid their pitfalls. The panel will also address litigation strategies and tactics in the context of contested matters and adversary proceedings.
Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
Camille C. Bent
BakerHostetler; New York
Michael H. Goldstein
Goodwin Procter LLP; New York
Eric A. Henzy
Zeisler & Zeisler, P.C.; Bridgeport, Conn.
Small Business Filings: Making Chapter 11 Work in Small Commercial Cases
Many of the challenges that exist in complex business cases are equally at play in small commercial cases. But whereas time and resources might be more abundant in the larger cases, small chapter 11 restructurings frequently demand a more organized — and affordable — process. In this session, the panelists will discuss strategies for efficient reorganizations in small commercial cases by examining different structures for maximizing success, including out-of-court restructuring alternatives, prearranged filings, disincorporation (the transfer of all assets to an individual owner, who then files) and mergers (the combining of entities to avoid multiple filings). The panel will also review Bankruptcy Code and local rules that can be utilized for a simpler, more efficient restructuring process.
Hon. Michael A. Fagone
U.S. Bankruptcy Court (D. Me.); Bangor
Joseph A. Foster
McLane Middleton; Manchester, N.H.
Lindsay Zahradka Milne
Bernstein Shur; Portland, Maine
Jeffrey T. Varsalone
CBIZ Corporate Recovery Services; Boston
Consumer Track Session
Chapter 13 Plan and Rule Changes
This panel will review the implications — both good and bad — of the new plan and Rule changes from the debtor, creditor and trustee perspective and discuss what is working, what is not, workarounds, and what further reform is needed.
Jan Michael Sensenich, Moderator
Chapter 13 Standing Trustee; Norwich, Vt.
Hon. Colleen A. Brown
U.S. Bankruptcy Court (D. Vt.); Burlington
Janet J. Goldman
Offices Janet J. Goldman; Warwick, R.I.
Peter V. Guaetta
Guaetta & Benson, LLC; North Chelmsford, Mass.
1:00 p.m.
Optional Events
Golf Tournament at Stowe Mountain Golf Club
Sponsored by Ropes & Gray LLP and Mackinac Partners LLC
Tennis Tournament
Sponsored by Huron Consulting Group Inc.
Tour de ABI
Sponsored by Sheehan Phinney Bass + Green
2:00 p.m.
Optional Events
Guided Hike Around Mt. Mansfield
Sponsored by Holland & Knight LLP
Indoor Rock-Climbing Adventure
Sponsored by Riemer & Braunstein LLP
2:00-4:00 p.m.
Optional Events
Beer Tasting at Idletyme Brewing Company
6:00-7:00 p.m.
Optional Events
Sponsor Reception (by invite only)
Sponsored by Foley Hoag LLP and Pepper Hamilton LLP
7:00-10:00 p.m.
Optional Events
Dinner
Sponsored by Alderman & Alderman, LLC; Neubert, Pepe & Monteith, P.C.; Pullman & Comley LLC; Robinson & Cole LLP; and Zeisler & Zeisler, P.C.
Bar sponsored by Capstone Headwaters LLC and Pachulski Stang Ziehl & Jones LLP
Dinner Entertainment sponsored by Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Kids’ Entertainment sponsored by Verdolino & Lowey, P.C.
Saturday, July 14
7:30-8:00 a.m.
Continental Breakfast
Sponsored by Hinckley, Allen & Snyder LLP and McLane Middleton, PA
8:00-9:30 a.m.
Plenary Session
Facing the #MeToo Movement in the Legal Profession: Sexual Harassment and Misconduct, the Rules of Professional Conduct and the Code of Judicial Conduct
Rarely has a hashtag so completely captured the urgency and gravity of a major shift in national consciousness. This panel of experts will lead an interactive discussion on issues confronting the legal profession in the #MeToo world, examining legal, practical and ethical considerations through a series of vignettes. What should be done about the difficult client that represents a significant portion of firm revenue? What are best practices for lawyers in supervisory and managerial roles? What resources are available to attorneys who find themselves subjected to inappropriate or actionable conduct? How may explicit or implicit bias and harassment play out in the adversary system and in negotiations, litigation and the courtroom? Finally, what is the role of the judiciary in addressing these critical issues? The panel will tackle these questions head-on in a plenary ripped from today's headlines.
Mark W. Batten
Proskauer Rose LLP; Boston
Hon. Joan N. Feeney
U.S. Bankruptcy Court (D. Mass.); Boston
Cathy Rae Hershcopf
Cooley LLP; New York
Paul G. Lannon
Holland & Knight LLP; Boston
Ally Cole Steele
Purple Campaign; Washington, D.C.
9:30-9:45 a.m.
Coffee Break
Sponsored by Casner & Edwards, LLP
9:45-11:00 a.m.
Business Track Sessions (1)
Financial Advisors: The Challenges Facing Colleges and Universities
This panel will discuss the challenges facing colleges and universities, and the financial advisor’s role in assisting stakeholders in addressing these challenges. The panelists will discuss the dynamics associated with turning around a college or university and how that process differs from the kinds of turnarounds that most professionals are familiar with.
Marjorie E. Kaufman
Getzler Henrich & Associates LLC; Boston
Daniel E. Wilson
Deloitte CRG; New York
P. Miyoko Sato
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; Boston
Business Track Repeat Session (1)
Recent Trends in Bankruptcy Litigation Strategies and Tactics
Consumer Track Session
“Good Enough”: When Does Sloppiness Equal Liability?
This panel will review the ethical pitfalls with debtors’ and their counsels’ failure to amend schedules, problems with unresponsive clients, and misrepresentations to the court. When does sloppiness become sanctionable conduct?
Hon. Peter G. Cary
U.S. Bankruptcy Court (D. Me.); Portland
John P. Fitzgerald, III
Office of the U.S. Trustee; Marshfield, Mass.
Marques C. Lipton
Parker & Associates; Winchester, Mass.
Kara S. Rescia
Rescia & Shear, LLP; Enfield, Conn.
11:00-11:15 a.m.
Coffee Break
Sponsored by Posternak Blankstein & Lund
11:15 a.m.-12:30 noon
Business Track Sessions (1)
Chapter 11 Plans: The Role of Committees in Plan Formulation
Creditor and equity committees have an important role in maximizing recoveries chapter 11 cases. Both formal and ad hoc committee can dramatically influence the course of a chapter 11 and the ultimate shape of a chapter 11 plan. This panel will explore legal tools and practical strategies available to committees in seeking to deliver better results for their constituents, as well as the risks involved and the likelihood of success.
Christopher M. Condon
Murphy & King, PC; Boston
Hon. Diane Finkle
U.S. Bankruptcy Court (D. R.I.); Providence
Douglas R. Gooding
Choate Hall & Stewart LLP; Boston
Sheila T. Smith
Gordon Brothers; Boston
Business Track Repeat Session (1)
This Year’s Most Important Issues in Commercial Restructuring
Consumer Track Session
“They Sold My House — and You Said It Was Safe!”
This panel will discuss the chapter 7 trustee’s ability to avoid and surcharge the taxing authority’s secured lien for the benefit of the estate. The panelists will review in detail 11 U.S.C. § 724 and related Code sections, the proper procedural approach, preemption, and related § 363 sales and their implication on property that debtor’s counsel thought was safe or exempt.
Celine de la Foscade-Condon, Moderator
Massachusetts Department of Revenue; Boston
Hon. Elizabeth D. Katz
U.S. Bankruptcy Court (D. Mass.); Springfield
Bonnie C. Mangan
Law Office of Bonnie C. Mangan, P.C.; South Windsor, Conn.
Gary M. Weiner
Weiner Law Firm, P.C.; Springfield, Mass.
12:30 p.m.
Program Adjourns
But the fun doesn’t stop! Stay in town to enjoy the area with your family and colleagues, then join us this evening for a bonfire to close out the event.
9:00-10:00 p.m.
Saturday Bonfire & S’mores
Sponsored by Ruberto, Israel & Weiner, PC
Optional Events
Golf Tournament at Stowe Mountain Golf Club
Friday, July 13, 1:00 p.m.
Sponsored by Ropes & Gray LLP and Mackinac Partners LLC
Play the course that has caught the attention of the golfing world! Stowe Mountain Golf Club reaches heights of 1,800 feet, with views to match. This wilderness course winds around a sparkling lake, babbling brooks and hardwood forests and sits nestled between Mt. Mansfield and Spruce Peak. This private course is sure to test your skills while it awes you with its beauty. The fee for the shotgun golf tournament is $250 per player and includes green fee, cart, boxed lunch and prizes. Participants of all skill levels are encouraged to join in the tournament. Please check the appropriate box on the online registration form to play, and indicate your handicap.
Tennis Tournament
Friday, July 13, 1:00 p.m.
Sponsored by Huron Consulting Group Inc.
Participants of all skill levels are encouraged to play in the Tennis Tournament. The $45-per-person fee includes boxed lunch, court fee and prizes. Please check the appropriate box on the online registration form to play.
Tour de ABI
Friday, July 13, 1:00 p.m.
Sponsored by Sheehan Phinney Bass + Green
Join us for the annual Tour de ABI bike ride as one of our expert bikers, or you can opt to enjoy a relaxing ride on a comfortable cruiser as you explore the award-winning Stowe Recreation Path. This 5.2-mile, fairly flat trail meanders along the West Branch River and into the village of Stowe. Boxed lunches will be provided, and the ride will begin after lunch. The fee is $45 per person; bike rentals are available for an additional $25. Please select the appropriate box(es) on the online registration form.
Beer Tasting at Idletyme Brewing Company
Friday, July 13, 2:00-4:00 p.m.
Cheers! Start happy hour early with your colleagues as we sample a unique variety of local Vermont Beers. The cost for this event is $45 per person, which includes tastings, a full pour, light snacks and gratuities. Please check the appropriate box on the online registration form.
Guided Hike Around Mt. Mansfield
Friday, July 13, 2:00 p.m.
Sponsored by Holland & Knight LLP
Join your fellow ABI friends and family on a great hike around beautiful Mt. Mansfield. You will be hiking on easy-to-moderately strenuous trails. Children under age 10 must be accompanied by a parent/guardian. The $45-per-person fee includes guide, snacks and transportation. Please check the appropriate box on the online registration form.
Indoor Rock-Climbing Adventure
Friday, July 13, 2:00 p.m.
Sponsored by Riemer & Braunstein LLP
One of the newest activities at the resort, the Stowe Rocks indoor climbing facility provides thrills and challenges for a wide range of activity levels. All climbing areas in the facility feature skills-rated, color-coded vertical and traverse routes. There are nine manual and traditional belay and eight TruBlue Auto-Belay stations, for a total of 17 climbing stations. Many of the 17 stations feature multiple routes with varying degrees of difficulty. The $35-per-person fee includes use of the facility’s harnesses, ropes, auto-belay devices and climbing shoes, as well as refreshments. Please check the appropriate box on the online registration form.
Northeast Bankruptcy Conference Co-Chairs
Hon. Michael A. Fagone
U.S. Bankruptcy Court (D. Maine)
David Rychalsky
Capstone Headwaters LLC
Adrienne K. Walker
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Northeast Consumer Forum Co-Chairs
Shawn K. Doil
Eaton Peabody
Donald R. Lassman
Lassman Law
Advisory Board
Patricia Antonelli
Cervenka Green Ducharme Antonelli LLC
Kellianne T. Baranowsky
Green & Sklarz, LLC
Janet E. Bostwick
Janet E. Bostwick, PC
Christopher M. Candon
Sheehan Phinney Bass + Green
Paul W. Carey
Mirick O’Connell
Roger A. Clement, Jr.
Verrill Dana LLP
James C. Ebbert, CTP
Cratos Advisors, Inc.
Michael J. Epstein
Deloitte Transactions and Business Analytics LLP
Michael J. Fencer
Jager Smith P.C.
Jeremy R. Fischer
Drummond Woodsum
Matthew R. Flynn
Verdolino & Lowey, P.C.
Edmond J. Ford
Ford & McPartlin, P.A.
Julia Frost-Davies
Morgan, Lewis & Bockius LLP
Jay S. Geller
Law Office of Jay S. Geller
Michael J. Goldberg
Casner & Edwards, LLP
Douglas R. Gooding
Choate Hall & Stewart LLP
Lee Harrington
Nixon Peabody LLP
Eric A. Henzy
Reid and Riege, P.C.
D. Ethan Jeffery
Murphy & King
Jeffrey L. Jonas
Brown Rudnick LLP
Gregory O. Kaden
Goulston & Storrs PC
Robert E. Kaelin
Murtha Cullina LLP
Marjorie Kaufman
Getzler Henrich & Associates LLC
Christopher Lefebvre
Claude Lefebvre, Christopher Lefebvre, P.C.
Benjamin W. Loveland
WilmerHale
Charles Arthur Maglieri
Advanced Bankrupcy Legal Services, LLC
Anthony J. Manhart
Preti Flaherty
George J. Marcus
Marcus Clegg
Timothy J. Martin
Huron Consulting Group Inc.
William J. McLeod
U.S. Bankruptcy Court (D. Mass.)
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP
Lindsay Milne
Bernstein Shur
John J. Monaghan
Holland & Knight LLP
Paul D. Moore
Duane Morris LLP
William R. Moorman, Jr.
Partridge Snow & Hahn LLP
Guy B. Moss
Riemer & Braunstein LLP
Michael R. Nowlan
Mackinac Partners LLC
Nina M. Parker
Parker & Associates
David T. Plastino
EY Transaction Economics Group
Cynthia Romano
CR3 Partners, LLC
Tanya Sambatakos
Molleur Law Office
Elisa M. Sartori
Greenridge Financial Services LLC
Natalie B. Sawyer
Massachusetts Division of Capital Asset Management and Maintenance
Andrew Z. Schwartz
Foley Hoag LLP
Douglas S. Skalka
Neubert, Pepe & Monteith, P.C.
Mark F. Stickney
Spinglass Management Group, LLC
Robert P. Wexler
The Tron Group
James M. Wilton
Ropes & Gray LLP
Conference Information
Hotel Accommodations
The magnificent Stowe Mountain Lodge in Stowe, Vt., is the host hotel. ABI has arranged for special conference rates of $309 for a Studio Room or $269 for a Classic Room. To secure the special rates, hotel reservations must be made by June 11, 2018. Reservations may only be made once you have registered with ABI. Upon payment of the conference registration fees, you will receive a hotel reservation link to reserve your room. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Transportation
Air: Burlington International Airport is approximately 40 miles from the Stowe Mountain Lodge.
Car: Stowe is only about a 3.5-hour drive from many major locations in the Northeast!
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by June 21, 2018. No refunds will be made if notice is received after June 21, although substitutions will be allowed. After June 21, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
Northeast Bankruptcy Conference: 10.25 hours of CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 12.25 hours of CLE credit, including 3 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 12 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 10.25 hours, of which 2.25 hours will apply to ethics. 10 hours of CPE credit, including 2.5 hours of ethics, are also available.
Northeast Consumer Forum: 7.5 hours of CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 9 hours of CLE credit, including 2.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 9 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 7.5 hours, of which 2.25 hours will apply to ethics. 9 hours of CPE credit, including 2.25 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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 the full registration fee. 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 at least 50% reduction in the registration fee. For information on tuition assistance, send an e-mail to [email protected].
ABI Northeast Scholarship Program
Scholarship funds are available for those who cannot afford to attend the program. Please send your request for approval to Jennifer Guirguis at [email protected]. Space is limited.
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at the Stowe Mountain Lodge on Thursday, July 12, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
American Board of Certification Exams
Thursday, July 12, 2018, 9:00 a.m.-5:00 p.m. at the Stowe Mountain Lodge
Call (319) 365-2222 or e-mail [email protected]
Benefactors
Alderman & Alderman, LLC
Bernstein Shur
Brown Rudnick LLP
Capstone Headwaters LLC
Casner & Edwards, LLP
Choate Hall & Stewart LLP
CR3 Partners LLC
Deloitte CRG
Donlin, Recano & Company Inc.
Duane Morris LLP
Foley Hoag LLP
Gavin/Solmonese LLC
Getzler Henrich & Associates LLC
Goodwin Procter LLP
Goulston & Storrs PC
Green & Sklarz, LLC
Hinckley, Allen & Snyder LLP
Huron Consulting Group Inc.
Mackinac Partners LLC
McLane Middleton, PA
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Morgan, Lewis & Bockius LLP
Neubert, Pepe & Monteith, P.C.
Pachulski Stang Ziehl & Jones LLP
Pepper Hamilton LLP
Polsinelli PC
Posternak Blankstein & Lund LLP
PretiFlaherty
Pullman & Comley LLC
Robinson & Cole LLP
Ropes & Gray LLP
Ruberto, Israel & Weiner, P.C.
Sheehan Phinney Bass + Green
Sullivan & Worcester
Teneo Capital
Verdolino & Lowey, P.C.
WilmerHale
Wilmington Trust
Zeisler & Zeisler, P.C.Patrons
Holland & Knight LLP
Mirick O’Connell
Murphy & King
Phoenix Management Services
Riemer & Braunstein LLPSponsors
Azarian Law Office PLLC
Cervenka Green Ducharme Antonelli LLC Creswell Law
Drummond Woodsum
Eaton Peabody
Hackett Feinberg P.C.
Marcus Clegg
Molleur Law Office
Pierce Atwood LLP
Swiggart & Agin, LLC
The Tron Group
Verrill Dana LLP
William S. Gannon PLLCScholarship Fund Donor
The Tron Group
Special Thanks
We extend our special thanks to Brown Rudnick LLP for the welcome drinks, Cervenka Green Ducharme Antonelli LLC, Mirick O’Connell and Phoenix Management Services for the cellphone charging stations, Donlin, Recano & Company, Inc. for the conference app, Getzler Henrich & Associates LLC for the “At-a-Glance” pocket guides and the “Live at ABI” e-newsletters, Green & Sklarz, LLC for the hotel keycards, Morgan, Lewis & Bockius LLP for the hydration station, Polsinelli PC for the conference materials on USB drives and PretiFlaherty for the conference Wi-Fi.
Registration Rates
Registration Rates Early Bird
(by 5/6/18)Regular
(5/7/18-6/8/18)Late
(after 6/8/18)
Northeast Bankruptcy ConferenceABI Member$650$700$795ABI Govt./Nonprofit ABI Member$425$450$475Join & Save*$945$995$1,090New Govt./Nonprofit ABI Member*$520$545$570
Northeast Consumer ForumABI Member$295$345$395Join & Save*$545$595$645* 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.
Registration includes the continental breakfasts, refreshment breaks, Opening Reception, Saturday Bonfire & S’mores and the written materials.
ABI Member Exhibitor Registration**$1,600New ABI Member Exhibitor Registration***$1,925Additional Booth Representative$375** 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.
Evening Events
Opening ReceptionRegistrantAdult GuestChild Guest (12 and under)
Included$50$15Friday DinnerRegistrantAdult GuestChild Guest (12 and under)
$25$85$25Optional Events
Golf TournamentHandicap _______$250Tennis Tournament$45Tour de ABI$45Bike Rental$25Guided Hike Around Mt. Mansfield$45Indoor Rock-Climbing Adventure$35Event Information 261570
Thursday, July 12
9:00 a.m.-5:00 p.m.
ABC Exams
2:00 p.m.
ABI Registration Desk and Exhibit Hall Open
2:30-5:00 p.m.
Emerging Leaders Program
Calling all up-and-comers in the bankruptcy industry! Join us for this new, half-day program exclusively for emerging leaders attending the ABI Northeast Conference or Consumer Forum. We invite lawyers, financial advisors, bankers, etc. with less than 10 years of insolvency expertise, either consumer or business focus, to participate in an interactive program involving common insolvency issues facing junior insolvency professionals. Participants will break into small working groups led by emerging leader facilitators and bankruptcy judges to consider issues of substantive law as well as practical procedures for both the courtroom and boardroom. A reception for Emerging Leaders will immediately follow this program.
Jeremy R. Fischer, Moderator
Drummond Woodsum; Portland, Maine
Eric R. Blythe
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; Boston
Shari I. Dwoskin
Brown Rudnick LLP; Boston
Amelia C. Joiner
Morgan, Lewis & Bockius LLP; Boston
Jonathan D. Marshall
Choate Hall & Stewart LLP; Boston
Hon. Christopher J. Panos
U.S. Bankruptcy Court (D. Mass.); Boston
Keri L. Wintle
Duane Morris LLP; Boston
Aparna Yenamandra
Kirkland & Ellis LLP; New York
5:00-6:00 p.m.
Emerging Leaders Reception (invite only)
Sponsored by WilmerHale
6:00-7:30 p.m.
Opening Reception
Sponsored by Choate Hall & Stewart LLP and Duane Morris LLP
Bar sponsored by Sullivan & Worcester
Friday, July 13
7:15-7:45 a.m.
Continental Breakfast
Sponsored by Gavin/Solmonese LLC
7:45-8:00 a.m.
Welcome Address
8:00-9:30 a.m.
The Future of the Legal Profession
Is the legal profession’s vision for the law firm of the future already outdated? Can the law firm of today cope with the incredibly dynamic and changing competitive legal services environment, or will it go the way of the dinosaur? Greater and new competition in the forms of artificial intelligence, disruptive technology, the Big Four accounting firms, enlarged in-house legal staffs, and alternative legal service providers are eating law firms’ lunch. Clients are demanding service, efficiency and transparency in a way that puts tremendous pressure on the traditional law firm model. On top of that, the battle for the best talent is intensifying while the very nature of that talent is transforming as millennials start to dominate the talent pool. Our panel will discuss what a law firm must do to evolve and survive and how it potentially can thrive in a rapidly changing legal market.
Steven C. Browne
Morgan, Lewis & Bockius LLP; Boston
Dr. Heidi K. Gardner
Harvard University; Cambridge, Mass.
Joseph F. Ryan
Brown Rudnick LLP; Boston
9:30-9:45 a.m.
Coffee Break
Sponsored by Bernstein Shur
9:45-11:00 a.m.
Consumer Track Session
Get a Big Retainer! Preparing Complex Consumer Cases
This program will discuss issues and approaches to complex cases highlighting criminal issues, a debtor’s interrelated business, contested valuation and confirmation, and preparing for related litigation.
James F. Molleur, Moderator
Molleur Law Office; Biddeford, Maine
Heather Zubke Cooper
Facey Goss & McPhee P.C.; Rutland, Vt.
Hon. Michael A. Fagone
U.S. Bankruptcy Court (D. Me.); Bangor
Daniel Mark Rabinovitz
Murphy & King; Boston
11:00-11:15 a.m.
Coffee Break
Sponsored by Goulston & Storrs PC
11:15 a.m.-12:30 p.m.
Consumer Track Session
Chapter 13 Plan and Rule Changes
This panel will review the implications — both good and bad — of the new plan and Rule changes from the debtor, creditor and trustee perspective and discuss what is working, what is not, workarounds, and what further reform is needed.
Jan Michael Sensenich, Moderator
Chapter 13 Standing Trustee; Norwich, Vt.
Hon. Colleen A. Brown
U.S. Bankruptcy Court (D. Vt.); Burlington
Janet J. Goldman
Offices Janet J. Goldman; Warwick, R.I.
Peter V. Guaetta
Guaetta & Benson, LLC; North Chelmsford, Mass.
1:00 p.m.
Optional Events
Golf Tournament at Stowe Mountain Golf Club
Sponsored by Ropes & Gray LLP and Mackinac Partners LLC
Tennis Tournament
Sponsored by Huron Consulting Group Inc.
Tour de ABI
Sponsored by Sheehan Phinney Bass + Green
2:00 p.m.
Optional Events
Guided Hike Around Mt. Mansfield
Sponsored by Holland & Knight LLP
Indoor Rock-Climbing Adventure
Sponsored by Riemer & Braunstein LLP
2:00-4:00 p.m.
Optional Events
Beer Tasting at Idletyme Brewing Company
6:00-7:00 p.m.
Optional Events
Sponsor Reception (by invite only)
Sponsored by Foley Hoag LLP and Pepper Hamilton LLP
7:00-10:00 p.m.
Optional Events
Dinner
Sponsored by Alderman & Alderman, LLC; Neubert, Pepe & Monteith, P.C.; Pullman & Comley LLC; Robinson & Cole LLP; and Zeisler & Zeisler, P.C.
Bar sponsored by Capstone Headwaters LLC and Pachulski Stang Ziehl & Jones LLP
Dinner Entertainment sponsored by Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Kids’ Entertainment sponsored by Verdolino & Lowey, P.C.
Saturday, July 14
7:30-8:00 a.m.
Continental Breakfast
Sponsored by Hinckley, Allen & Snyder LLP and McLane Middleton, PA
8:00-9:30 a.m.
Plenary Session
Facing the #MeToo Movement in the Legal Profession: Sexual Harassment and Misconduct, the Rules of Professional Conduct and the Code of Judicial Conduct
Rarely has a hashtag so completely captured the urgency and gravity of a major shift in national consciousness. This panel of experts will lead an interactive discussion on issues confronting the legal profession in the #MeToo world, examining legal, practical and ethical considerations through a series of vignettes. What should be done about the difficult client that represents a significant portion of firm revenue? What are best practices for lawyers in supervisory and managerial roles? What resources are available to attorneys who find themselves subjected to inappropriate or actionable conduct? How may explicit or implicit bias and harassment play out in the adversary system and in negotiations, litigation and the courtroom? Finally, what is the role of the judiciary in addressing these critical issues? The panel will tackle these questions head-on in a plenary ripped from today's headlines.
Mark W. Batten
Proskauer Rose LLP; Boston
Hon. Joan N. Feeney
U.S. Bankruptcy Court (D. Mass.); Boston
Cathy Rae Hershcopf
Cooley LLP; New York
Paul G. Lannon
Holland & Knight LLP; Boston
Ally Cole Steele
Purple Campaign; Washington, D.C.
9:30-9:45 a.m.
Coffee Break
Sponsored by Casner & Edwards, LLP
9:45-11:00 a.m.
Consumer Track Session
“Good Enough”: When Does Sloppiness Equal Liability?
This panel will review the ethical pitfalls with debtors’ and their counsels’ failure to amend schedules, problems with unresponsive clients, and misrepresentations to the court. When does sloppiness become sanctionable conduct?
Hon. Peter G. Cary
U.S. Bankruptcy Court (D. Me.); Portland
John P. Fitzgerald, III
Office of the U.S. Trustee; Marshfield, Mass.
Marques C. Lipton
Parker & Associates; Winchester, Mass.
Kara S. Rescia
Rescia & Shear, LLP; Enfield, Conn.
11:00-11:15 a.m.
Coffee Break
Sponsored by Posternak Blankstein & Lund
11:15 a.m.-12:30 noon
Consumer Track Session
“They Sold My House — and You Said It Was Safe!”
This panel will discuss the chapter 7 trustee’s ability to avoid and surcharge the taxing authority’s secured lien for the benefit of the estate. The panelists will review in detail 11 U.S.C. § 724 and related Code sections, the proper procedural approach, preemption, and related § 363 sales and their implication on property that debtor’s counsel thought was safe or exempt.
Celine de la Foscade-Condon, Moderator
Massachusetts Department of Revenue; Boston
Hon. Elizabeth D. Katz
U.S. Bankruptcy Court (D. Mass.); Springfield
Bonnie C. Mangan
Law Office of Bonnie C. Mangan, P.C.; South Windsor, Conn.
Gary M. Weiner
Weiner Law Firm, P.C.; Springfield, Mass.
12:30 p.m.
Program Adjourns
But the fun doesn’t stop! Stay in town to enjoy the area with your family and colleagues, then join us this evening for a bonfire to close out the event.
9:00-10:00 p.m.
Saturday Bonfire & S’mores
Sponsored by Ruberto, Israel & Weiner, PC
Optional Events
Golf Tournament at Stowe Mountain Golf Club
Friday, July 13, 1:00 p.m.
Sponsored by Ropes & Gray LLP and Mackinac Partners LLC
Play the course that has caught the attention of the golfing world! Stowe Mountain Golf Club reaches heights of 1,800 feet, with views to match. This wilderness course winds around a sparkling lake, babbling brooks and hardwood forests and sits nestled between Mt. Mansfield and Spruce Peak. This private course is sure to test your skills while it awes you with its beauty. The fee for the shotgun golf tournament is $250 per player and includes green fee, cart, boxed lunch and prizes. Participants of all skill levels are encouraged to join in the tournament. Please check the appropriate box on the online registration form to play, and indicate your handicap.
Tennis Tournament
Friday, July 13, 1:00 p.m.
Sponsored by Huron Consulting Group Inc.
Participants of all skill levels are encouraged to play in the Tennis Tournament. The $45-per-person fee includes boxed lunch, court fee and prizes. Please check the appropriate box on the online registration form to play.
Tour de ABI
Friday, July 13, 1:00 p.m.
Sponsored by Sheehan Phinney Bass + Green
Join us for the annual Tour de ABI bike ride as one of our expert bikers, or you can opt to enjoy a relaxing ride on a comfortable cruiser as you explore the award-winning Stowe Recreation Path. This 5.2-mile, fairly flat trail meanders along the West Branch River and into the village of Stowe. Boxed lunches will be provided, and the ride will begin after lunch. The fee is $45 per person; bike rentals are available for an additional $25. Please select the appropriate box(es) on the online registration form.
Beer Tasting at Idletyme Brewing Company
Friday, July 13, 2:00-4:00 p.m.
Cheers! Start happy hour early with your colleagues as we sample a unique variety of local Vermont Beers. The cost for this event is $45 per person, which includes tastings, a full pour, light snacks and gratuities. Please check the appropriate box on the online registration form.
Guided Hike Around Mt. Mansfield
Friday, July 13, 2:00 p.m.
Sponsored by Holland & Knight LLP
Join your fellow ABI friends and family on a great hike around beautiful Mt. Mansfield. You will be hiking on easy-to-moderately strenuous trails. Children under age 10 must be accompanied by a parent/guardian. The $45-per-person fee includes guide, snacks and transportation. Please check the appropriate box on the online registration form.
Indoor Rock-Climbing Adventure
Friday, July 13, 2:00 p.m.
Sponsored by Riemer & Braunstein LLP
One of the newest activities at the resort, the Stowe Rocks indoor climbing facility provides thrills and challenges for a wide range of activity levels. All climbing areas in the facility feature skills-rated, color-coded vertical and traverse routes. There are nine manual and traditional belay and eight TruBlue Auto-Belay stations, for a total of 17 climbing stations. Many of the 17 stations feature multiple routes with varying degrees of difficulty. The $35-per-person fee includes use of the facility’s harnesses, ropes, auto-belay devices and climbing shoes, as well as refreshments. Please check the appropriate box on the online registration form.
Northeast Bankruptcy Conference Co-Chairs
Hon. Michael A. Fagone
U.S. Bankruptcy Court (D. Maine)
David Rychalsky
Capstone Headwaters LLC
Adrienne K. Walker
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Northeast Consumer Forum Co-Chairs
Shawn K. Doil
Eaton Peabody
Donald R. Lassman
Lassman Law
Advisory Board
Patricia Antonelli
Cervenka Green Ducharme Antonelli LLC
Kellianne T. Baranowsky
Green & Sklarz, LLC
Janet E. Bostwick
Janet E. Bostwick, PC
Christopher M. Candon
Sheehan Phinney Bass + Green
Paul W. Carey
Mirick O’Connell
Roger A. Clement, Jr.
Verrill Dana LLP
James C. Ebbert, CTP
Cratos Advisors, Inc.
Michael J. Epstein
Deloitte Transactions and Business Analytics LLP
Michael J. Fencer
Jager Smith P.C.
Jeremy R. Fischer
Drummond Woodsum
Matthew R. Flynn
Verdolino & Lowey, P.C.
Edmond J. Ford
Ford & McPartlin, P.A.
Julia Frost-Davies
Morgan, Lewis & Bockius LLP
Jay S. Geller
Law Office of Jay S. Geller
Michael J. Goldberg
Casner & Edwards, LLP
Douglas R. Gooding
Choate Hall & Stewart LLP
Lee Harrington
Nixon Peabody LLP
Eric A. Henzy
Reid and Riege, P.C.
D. Ethan Jeffery
Murphy & King
Jeffrey L. Jonas
Brown Rudnick LLP
Gregory O. Kaden
Goulston & Storrs PC
Robert E. Kaelin
Murtha Cullina LLP
Marjorie Kaufman
Getzler Henrich & Associates LLC
Christopher Lefebvre
Claude Lefebvre, Christopher Lefebvre, P.C.
Benjamin W. Loveland
WilmerHale
Charles Arthur Maglieri
Advanced Bankrupcy Legal Services, LLC
Anthony J. Manhart
Preti Flaherty
George J. Marcus
Marcus Clegg
Timothy J. Martin
Huron Consulting Group Inc.
William J. McLeod
U.S. Bankruptcy Court (D. Mass.)
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP
Lindsay Milne
Bernstein Shur
John J. Monaghan
Holland & Knight LLP
Paul D. Moore
Duane Morris LLP
William R. Moorman, Jr.
Partridge Snow & Hahn LLP
Guy B. Moss
Riemer & Braunstein LLP
Michael R. Nowlan
Mackinac Partners LLC
Nina M. Parker
Parker & Associates
David T. Plastino
EY Transaction Economics Group
Cynthia Romano
CR3 Partners, LLC
Tanya Sambatakos
Molleur Law Office
Elisa M. Sartori
Greenridge Financial Services LLC
Natalie B. Sawyer
Massachusetts Division of Capital Asset Management and Maintenance
Andrew Z. Schwartz
Foley Hoag LLP
Douglas S. Skalka
Neubert, Pepe & Monteith, P.C.
Mark F. Stickney
Spinglass Management Group, LLC
Robert P. Wexler
The Tron Group
James M. Wilton
Ropes & Gray LLP
Conference Information
Hotel Accommodations
The magnificent Stowe Mountain Lodge in Stowe, Vt., is the host hotel. ABI has arranged for special conference rates of $309 for a Studio Room or $269 for a Classic Room. To secure the special rates, hotel reservations must be made by June 11, 2018. Reservations may only be made once you have registered with ABI. Upon payment of the conference registration fees, you will receive a hotel reservation link to reserve your room. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Transportation
Air: Burlington International Airport is approximately 40 miles from the Stowe Mountain Lodge.
Car: Stowe is only about a 3.5-hour drive from many major locations in the Northeast!
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by June 21, 2018. No refunds will be made if notice is received after June 21, although substitutions will be allowed. After June 21, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
Northeast Bankruptcy Conference: 10.25 hours of CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 12.25 hours of CLE credit, including 3 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 12 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 10.25 hours, of which 2.25 hours will apply to ethics. 10 hours of CPE credit, including 2.5 hours of ethics, are also available.
Northeast Consumer Forum: 7.5 hours of CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 9 hours of CLE credit, including 2.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 9 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 7.5 hours, of which 2.25 hours will apply to ethics. 9 hours of CPE credit, including 2.25 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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 the full registration fee. 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 at least 50% reduction in the registration fee. For information on tuition assistance, send an e-mail to [email protected].
ABI Northeast Scholarship Program
Scholarship funds are available for those who cannot afford to attend the program. Please send your request for approval to Jennifer Guirguis at [email protected]. Space is limited.
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at the Stowe Mountain Lodge on Thursday, July 12, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
American Board of Certification Exams
Thursday, July 12, 2018, 9:00 a.m.-5:00 p.m. at the Stowe Mountain Lodge
Call (319) 365-2222 or e-mail [email protected]
Benefactors
Alderman & Alderman, LLC
Bernstein Shur
Brown Rudnick LLP
Capstone Headwaters LLC
Casner & Edwards, LLP
Choate Hall & Stewart LLP
CR3 Partners LLC
Deloitte CRG
Donlin, Recano & Company Inc.
Duane Morris LLP
Foley Hoag LLP
Gavin/Solmonese LLC
Getzler Henrich & Associates LLC
Goodwin Procter LLP
Goulston & Storrs PC
Green & Sklarz, LLC
Hinckley, Allen & Snyder LLP
Huron Consulting Group Inc.
Mackinac Partners LLC
McLane Middleton, PA
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Morgan, Lewis & Bockius LLP
Neubert, Pepe & Monteith, P.C.
Pachulski Stang Ziehl & Jones LLP
Pepper Hamilton LLP
Polsinelli PC
Posternak Blankstein & Lund LLP
PretiFlaherty
Pullman & Comley LLC
Robinson & Cole LLP
Ropes & Gray LLP
Ruberto, Israel & Weiner, P.C.
Sheehan Phinney Bass + Green
Sullivan & Worcester
Teneo Capital
Verdolino & Lowey, P.C.
WilmerHale
Wilmington Trust
Zeisler & Zeisler, P.C.Patrons
Holland & Knight LLP
Mirick O’Connell
Murphy & King
Phoenix Management Services
Riemer & Braunstein LLPSponsors
Azarian Law Office PLLC
Cervenka Green Ducharme Antonelli LLC Creswell Law
Drummond Woodsum
Eaton Peabody
Hackett Feinberg P.C.
Marcus Clegg
Molleur Law Office
Pierce Atwood LLP
Swiggart & Agin, LLC
The Tron Group
Verrill Dana LLP
William S. Gannon PLLCScholarship Fund Donor
The Tron Group
Special Thanks
We extend our special thanks to Brown Rudnick LLP for the welcome drinks, Cervenka Green Ducharme Antonelli LLC, Mirick O’Connell and Phoenix Management Services for the cellphone charging stations, Donlin, Recano & Company, Inc. for the conference app, Getzler Henrich & Associates LLC for the “At-a-Glance” pocket guides and the “Live at ABI” e-newsletters, Green & Sklarz, LLC for the hotel keycards, Morgan, Lewis & Bockius LLP for the hydration station, Polsinelli PC for the conference materials on USB drives and PretiFlaherty for the conference Wi-Fi.
Registration Rates
Registration Rates Early Bird
(by 5/6/18)Regular
(5/7/18-6/8/18)Late
(after 6/8/18)
Northeast Bankruptcy ConferenceABI Member$650$700$795ABI Govt./Nonprofit ABI Member$425$450$475Join & Save*$945$995$1,090New Govt./Nonprofit ABI Member*$520$545$570
Northeast Consumer ForumABI Member$295$345$395Join & Save*$545$595$645* 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.
Registration includes the continental breakfasts, refreshment breaks, Opening Reception, Saturday Bonfire & S’mores and the written materials.
ABI Member Exhibitor Registration**$1,600New ABI Member Exhibitor Registration***$1,925Additional Booth Representative$375** 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.
Evening Events
Opening ReceptionRegistrantAdult GuestChild Guest (12 and under)
Included$50$15Friday DinnerRegistrantAdult GuestChild Guest (12 and under)
$25$85$25Optional Events
Golf TournamentHandicap _______$250Tennis Tournament$45Tour de ABI$45Bike Rental$25Guided Hike Around Mt. Mansfield$45Indoor Rock-Climbing Adventure$35Event Information 262489
Tuesday, August 21
5:20 p.m.
Optional Event
Sponsored by Squire Patton Boggs
Cincinnati Food and Culture Experience
Want to make your MRBS EP into a full album? Fill it with a culinary tour of Cincinnati the evening before the conference starts! We’ll meet in Fountain Square, then work our way through tastings at three restaurants: We Olive, Nicholson’s Scottish Pub and Bru Burger. Next, you’ll hop on a streetcar with your colleagues and head to Over-the-Rhine for ice cream and donuts at Buzzed Bull and Holtman’s Donuts. Throughout this delicious food tour, you will learn about Cincinnati’s history and culture from experienced guides. Tickets cost $55 per person and include all tastings, tour guides, streetcar passes and gratuities.
Wednesday, August 22
7:30 a.m.
Registration Desk and Exhibits Open
7:30-8:30 a.m.
Networking Breakfast
Sponsored by Allen Kuehnle Stovall & Neuman LLP
8:20-8:30 a.m.
Welcome and Opening Remarks
8:30-9:30 a.m.
Case Law and Rules Update: Part I
This session will highlight particularly interesting case law developments to date in 2018 and their impact on bankruptcy law and practice.
William J. Rochelle, III
American Bankruptcy Institute; New York
9:30-10:30 a.m.
Exploring New Frontiers: Cybersecurity, Blockchain, and Cryptocurrency
The panel will discuss best practices in cybersecurity and provide an overview of blockchain and cryptocurrency, and some of the legal issues emerging from the use of blockchain and cryptocurrencies.
Raymond J. Pikna, Jr., Moderator
Wood + Lamping LLP; Cincinnati
David J. Myers
SpliceNet; Cincinnati
Hon. Frank W. Volk
U.S. Bankruptcy Court (S.D. W.Va.); Charleston
10:30-11:00 a.m.
Networking Break
11:00 a.m.-12:00 noon
Legal Writing: Part I
As a lawyer or financial professional, you depend on writing to communicate your position to judges, clients and other lawyers. In this two-part session, you will learn why it is important for you to shed any bad habits that you may have formed in law school or throughout your career. Judge Painter will show you how to make your legal writing more concise, understandable and effective by stripping away unnecessary legal jargon and other clutter that distracts your readers. You will then put your new skills to practice during Part II — and see immediate improvements in your legal writing.
Hon. Mark Painter (ret.)
Helmer, Martins, Rice & Popham, LPA; Cincinnati
12:00-1:30 p.m.
Luncheon
12:30-1:30 p.m.
Luncheon Presentation
Legal Writing: Part II
Hon. Mark Painter (ret.)
Helmer, Martins, Rice & Popham, LPA; Cincinnati
1:30-3:00 p.m.
Concurrent Sessions (2)
Commercial Session
Commercial Session: ADR, Arbitration and Mediation in Chapter 11
T. Kent Barber, Moderator
Barber Law PLLC; Lexington, Ky.
Hon. Joan N. Feeney
U.S. Bankruptcy Court (D. Mass.); Boston
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Grant T. Stein
Alston & Bird LLP; Atlanta
Consumer Session
Consumer Session: Trustees, Unusual Assets and the Unwary: How to Keep a Discharge and Not Be Sued for Malpractice
Join this session to discuss filing claims for creditors; selling purely secured property with and without carve-outs; selling jointly owned property, property of the estate and unusual assets; and trusts, inherited assets and life insurance policies.
Hon. Jessica Price Smith, Moderator
U.S. Bankruptcy Court (N.D. Ohio); Cleveland
Michael L. Baker
Ziegler & Schneider P.S.C.; Covington, Ky.
John G. Jansing
Altick & Corwin Co., L.P.A.; Dayton, Ohio
3:00-3:30 p.m.
Refreshment Break
3:30-5:00 p.m.
Concurrent Sessions (2)
Commercial Session
Commercial Session: Negotiating Strategies and Issues Related to Financing a Chapter 11 Case, Cash Collateral and DIP Financing
Hon. Robert E. Gerber (ret.), Moderator
Joseph Hage Aaronson LLC; New York
Geoffrey S. Goodman
Foley & Lardner LLP; Chicago
Kim Martin Lewis
Dinsmore & Shohl LLP; Cincinnati
Jeffrey A. Marks
Vorys, Sater, Seymour and Pease LLP; Cincinnati
John B. Pidcock
Conway MacKenzie, Inc.; Dayton, Ohio
Consumer Session
Consumer Session: Evidence and Trial Skills in Consumer Bankruptcy Cases
Learn concrete skills while experiencing a lively mock valuation hearing.
Pamela N. Maggied, Moderator
Pamela N. Maggied Co., L.P.A.; Columbus, Ohio
Hon. C. Kathryn Preston
U.S. Bankruptcy Court (S.D. Ohio); Columbus
Debtor:
Michael B. Baker
The Baker Firm PLLC; Fort Mitchell, Ky.
Creditors:
Thomas L. Canary
Reimer Law Co.; Louisville, Ky.
Scott T. Rickman
Morgan & Pottinger, P.S.C.; Lexington, Ky.
5:00-6:30 p.m.
Networking Reception
Thursday, August 23
7:30 a.m.
Registration Desk and Exhibits Open
7:30-8:30 a.m.
Networking Breakfast
Sponsored by Vorys, Sater, Seymour and Pease LLP
8:15-8:30 a.m.
Distinguished Law Student Awards
8:30-9:30 a.m.
Case Law and Rules Update: Part II
William J. Rochelle, III
American Bankruptcy Institute; New York
9:30-10:30 a.m.
What Social Science Can Teach Us About Good People and Bad Choices
Prof. Nancy B. Rapoport
University of Nevada, Las Vegas William S. Boyd School of Law; Las Vegas
10:30-11:00 a.m.
Networking Break
11:00 a.m.-12:00 noon
Concurrent Sessions (2)
Commercial Session
Commercial Session: The Dysfunctional Corporate Client
Learn how to represent and navigate clients that are closely held companies with self-dealing owners, misbehaving boards, nonfunctioning boards and other similar challenges.
Ellen Arvin Kennedy, Moderator
Dinsmore & Shohl LLP; Lexington, Ky.
Dean Langdon
DelCotto Law Group PLLC; Lexington, Ky.
Brian H. Meldrum
Kaplan Johnson Abate & Bird; Louisville, Ky.
Jason B. Sims
Dinsmore & Shohl LLP; Cincinnati
Consumer Session
Consumer Session: A Full Run-Down of the Shut Down: How to Close a Corporate Entity
This panel will do a run-through of closing a corporate entity, touching on the pros and cons of bankruptcy, ABCs and receiverships; the tax implications of all and who pays; the new Ohio receivership law; and who you represent.
Eric W. Goering, Moderator
Goering & Goering, LLC; Cincinnati
Susan M. Argo
Graydon Head & Ritchey LLP; Cincinnati
Rick Flynn
Flynn & Company; Cincinnati
12:00-1:30 p.m.
Luncheon
12:30-1:30 p.m.
Luncheon Presentation
Images of Lawyers in Film: Legal Ethics and the MoviesProf. Nancy B. Rapoport
University of Nevada, Las Vegas William S. Boyd School of Law; Las Vegas
1:30-2:30 p.m.
Judicial Town Hall
Ethics of Decision-MakingThis panel of judges will discuss how they reach decisions based on unique fact scenarios from cases and often-encountered issues. Participants will also be asked to use their judgment to decide questions directed toward them.
Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Hon. Frank W. Volk
U.S. Bankruptcy Court (S.D. W.Va.); Charleston
2:30-3:30 p.m.
Great Debates
Timothy J. Hurley, Moderator
Taft Stettinius & Hollister LLP; Cincinnati
We've Had Our Differences, but Your Bankruptcy Filing Makes Me Whole
Resolved: Provisions for Make Whole Premiums on Debts Automatically Accelerated by a Bankruptcy Filing Should be Enforced
For: William J. Rochelle, III
American Bankruptcy Institute; New York
Against: Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
There's Gold in Them Thar Shares
Resolved: Golden Share Provisions Restricting the Debtor’s Authority to File Bankruptcy Should be Enforced
For: Kim Martin Lewis
Dinsmore & Shohl LLP; Cincinnati
Against: Ellen Arvin Kennedy
Dinsmore & Shohl LLP; Lexington, Ky.
Damned If I Do (Fraud), Damned If I Don't (Malpractice): Bankruptcy Planning, Exempt Assets and Stuff Like That
Resolved: The Debtor Should Convert Non-exempt Assets Into Exempt or Restricted Assets Whenever Possible Before Filing Bankruptcy.
For: Robert A. Goering
Goering & Goering, LLC; Cincinnati
Against: Casey M. Cantrell Swartz
Taft Stettinius & Hollister LLP; Cincinnati
3:30 p.m.
Adjourn
Conference Information
Hotel
A block of rooms at the Westin Cincinnati is being held on a first-come, first-served basis. The special room rate is $179 per night; reservations must be made by July 27, 2018, to secure the special rate. Reservations may be made online (https://www.starwoodmeeting.com/Book/MRBS) or by calling the Westin reservations center at 800-Westin1 and asking to be placed in the specially rated ABI/MRBS 2018 block. ABI cannot guarantee anyone a room after the block is filled.
Transportation
The Cincinnati/Northern Kentucky International Airport (CVG) is located approximately 12 miles/20 minutes from the Westin Cincinnati.
Conference Attire
Business-casual attire is requested, though not required.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by August 1, 2018. No refunds will be granted after August 1, but substitutions will be allowed. After August 1, 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*
Midwest Regional Bankruptcy Seminar: Approval for approximately 13 hours of CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, which include Indiana, Kentucky, Ohio and Pennsylvania, and 15.5 hours of CLE credit, including 2.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 15.5 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. 15.5 hours of CPE credit, including 2.5 hours of ethics, are also available.
Midwest Regional Bankruptcy Consumer Program: Approval for approximately 13 hours of CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, which include Indiana, Kentucky, Ohio and Pennsylvania, and 15.5 hours of CLE credit, including 2.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 15.5 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. 15.5 hours of CPE credit, including 2.5 hours of ethics, are also available.
* ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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 [email protected].
Judicial Co-Chairs
Hon. Beth A. Buchanan
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Hon. Jeffery P. Hopkins
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Program Chair
Stephen D. Lerner
Squire Patton Boggs; Cincinnati
Advisory Board
Michael B. Baker
The Baker Firm PLLC; Fort Mitchell, Ky.
Michael L. Baker
Ziegler & Schneider P.S.C.; Covington, Ky.
T. Kent Barber
Barber Law PLLC; Lexington, Ky.
Edward J. Boll, III
Lerner, Sampson & Rothfuss; Cincinnati
Marchand Boyd
East West Bank; Columbus, Ohio
Casey M. Cantrell Swartz
Taft Stettinius & Hollister LLP; Cincinnati
J. Michael Debbeler
Graydon Head & Ritchey LLP; Cincinnati
Patricia J. Friesinger
Coolidge Wall Co., L.P.A.; Dayton, Ohio
Eric W. Goering
Goering & Goering, LLC; Cincinnati
Timothy J. Hurley
Taft Stettinius & Hollister LLP; Cincinnati
Ellen Arvin Kennedy
Dinsmore & Shohl LLP; Lexington, Ky.
Monica V. Kindt
Office of the U.S. Trustee; Cincinnati
William B. Logan, Jr.
Luper Neidenthal & Logan; Columbus, Ohio
Pamela N. Maggied
Pamela N. Maggied Co., LPA; Columbus, Ohio
Jeffrey A. Marks
Vorys, Sater, Seymour and Pease LLP; Cincinnati
John B. Pidcock
Conway MacKenzie, Inc.; Dayton, Ohio
Raymond J. Pikna, Jr.
Wood + Lamping LLP; Cincinnati
Hon. Jessica E. Price Smith
U.S. Bankruptcy Court (N.D. Ohio); Cleveland
Donald J. Rafferty
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Erin C. Renneker
Harold Jarnicki & Associates; Lebanon, Ohio
Robert G. Sanker
Keating Muething & Klekamp PLL; Cincinnati
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Lori A. Schlarman
Adams, Stepner, Woltermann & Dusing, PLLC; Hebron, Ky.
A.J. Webb
Frost Brown Todd LLC; Cincinnati
2018 Midwest Regional Bankruptcy Seminar Registration Rates
Regular
(by 7/13/18)Late
(after 7/13/18)ABI Member $445 $515 New ABI Member* $540 $610 Govt./Aca. ABI Member $145 $170 Govt./Aca. New ABI Member*
$240 $265 Consumer Workshop ONLY Pricing ABI Member $315 $365 Join and Save* $410 $460 * 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. You must be an ABI member to attend the conference.
ABI Member Exhibitor Registration**$625New ABI Member Exhibitor Registration***$720Additional Booth Representative$95**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—a $325 value.
Optional Events
Cincinnati Food and Culture Experience$55Thursday Networking ReceptionFreeThursday Networking Reception Guest$40ABI 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.
Event Information 262530
Tuesday, August 21
5:20 p.m.
Optional Event
Sponsored by Squire Patton Boggs
Cincinnati Food and Culture Experience
Want to make your MRBS EP into a full album? Fill it with a culinary tour of Cincinnati the evening before the conference starts! We’ll meet in Fountain Square, then work our way through tastings at three restaurants: We Olive, Nicholson’s Scottish Pub and Bru Burger. Next, you’ll hop on a streetcar with your colleagues and head to Over-the-Rhine for ice cream and donuts at Buzzed Bull and Holtman’s Donuts. Throughout this delicious food tour, you will learn about Cincinnati’s history and culture from experienced guides. Tickets cost $55 per person and include all tastings, tour guides, streetcar passes and gratuities.
Wednesday, August 22
7:30 a.m.
Registration Desk and Exhibits Open
7:30-8:30 a.m.
Networking Breakfast
Sponsored by Allen Kuehnle Stovall & Neuman LLP
8:20-8:30 a.m.
Welcome and Opening Remarks
8:30-9:30 a.m.
Case Law and Rules Update: Part I
This session will highlight particularly interesting case law developments to date in 2018 and their impact on bankruptcy law and practice.
William J. Rochelle, III
American Bankruptcy Institute; New York
9:30-10:30 a.m.
Exploring New Frontiers: Cybersecurity, Blockchain, and Cryptocurrency
The panel will discuss best practices in cybersecurity and provide an overview of blockchain and cryptocurrency, and some of the legal issues emerging from the use of blockchain and cryptocurrencies.
Raymond J. Pikna, Jr., Moderator
Wood + Lamping LLP; Cincinnati
David J. Myers
SpliceNet; Cincinnati
Hon. Frank W. Volk
U.S. Bankruptcy Court (S.D. W.Va.); Charleston
10:30-11:00 a.m.
Networking Break
11:00 a.m.-12:00 noon
Legal Writing: Part I
As a lawyer or financial professional, you depend on writing to communicate your position to judges, clients and other lawyers. In this two-part session, you will learn why it is important for you to shed any bad habits that you may have formed in law school or throughout your career. Judge Painter will show you how to make your legal writing more concise, understandable and effective by stripping away unnecessary legal jargon and other clutter that distracts your readers. You will then put your new skills to practice during Part II — and see immediate improvements in your legal writing.
Hon. Mark Painter (ret.)
Helmer, Martins, Rice & Popham, LPA; Cincinnati
12:00-1:30 p.m.
Luncheon
12:30-1:30 p.m.
Luncheon Presentation
Legal Writing: Part II
Hon. Mark Painter (ret.)
Helmer, Martins, Rice & Popham, LPA; Cincinnati
1:30-3:00 p.m.
Concurrent Sessions (2)
Consumer Session
Consumer Session: Trustees, Unusual Assets and the Unwary: How to Keep a Discharge and Not Be Sued for Malpractice
Join this session to discuss filing claims for creditors; selling purely secured property with and without carve-outs; selling jointly owned property, property of the estate and unusual assets; and trusts, inherited assets and life insurance policies.
Hon. Jessica Price Smith, Moderator
U.S. Bankruptcy Court (N.D. Ohio); Cleveland
Michael L. Baker
Ziegler & Schneider P.S.C.; Covington, Ky.
John G. Jansing
Altick & Corwin Co., L.P.A.; Dayton, Ohio
Commercial Session
Commercial Session: ADR, Arbitration and Mediation in Chapter 11
T. Kent Barber, Moderator
Barber Law PLLC; Lexington, Ky.
Hon. Joan N. Feeney
U.S. Bankruptcy Court (D. Mass.); Boston
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Grant T. Stein
Alston & Bird LLP; Atlanta
3:00-3:30 p.m.
Refreshment Break
3:30-5:00 p.m.
Concurrent Sessions (2)
Consumer Session
Consumer Session: Evidence and Trial Skills in Consumer Bankruptcy Cases
Learn concrete skills while experiencing a lively mock valuation hearing.
Pamela N. Maggied, Moderator
Pamela N. Maggied Co., L.P.A.; Columbus, Ohio
Hon. C. Kathryn Preston
U.S. Bankruptcy Court (S.D. Ohio); Columbus
Debtor:
Michael B. Baker
The Baker Firm PLLC; Fort Mitchell, Ky.
Creditors:
Thomas L. Canary
Reimer Law Co.; Louisville, Ky.
Scott T. Rickman
Morgan & Pottinger, P.S.C.; Lexington, Ky.
Commercial Session
Commercial Session: Negotiating Strategies and Issues Related to Financing a Chapter 11 Case, Cash Collateral and DIP Financing
Hon. Robert E. Gerber (ret.), Moderator
Joseph Hage Aaronson LLC; New York
Geoffrey S. Goodman
Foley & Lardner LLP; Chicago
Kim Martin Lewis
Dinsmore & Shohl LLP; Cincinnati
Jeffrey A. Marks
Vorys, Sater, Seymour and Pease LLP; Cincinnati
John B. Pidcock
Conway MacKenzie, Inc.; Dayton, Ohio
5:00-6:30 p.m.
Networking Reception
Thursday, August 23
7:30 a.m.
Registration Desk and Exhibits Open
7:30-8:30 a.m.
Networking Breakfast
Sponsored by Vorys, Sater, Seymour and Pease LLP
8:15-8:30 a.m.
Distinguished Law Student Awards
8:30-9:30 a.m.
Case Law and Rules Update: Part II
William J. Rochelle, III
American Bankruptcy Institute; New York
9:30-10:30 a.m.
What Social Science Can Teach Us About Good People and Bad Choices
Prof. Nancy B. Rapoport
University of Nevada, Las Vegas William S. Boyd School of Law; Las Vegas
10:30-11:00 a.m.
Networking Break
11:00 a.m.-12:00 noon
Concurrent Sessions (2)
Consumer Session
Consumer Session: A Full Run-Down of the Shut Down: How to Close a Corporate Entity
This panel will do a run-through of closing a corporate entity, touching on the pros and cons of bankruptcy, ABCs and receiverships; the tax implications of all and who pays; the new Ohio receivership law; and who you represent.
Eric W. Goering, Moderator
Goering & Goering, LLC; Cincinnati
Susan M. Argo
Graydon Head & Ritchey LLP; Cincinnati
Rick Flynn
Flynn & Company; Cincinnati
Commercial Session
Commercial Session: The Dysfunctional Corporate Client
Learn how to represent and navigate clients that are closely held companies with self-dealing owners, misbehaving boards, nonfunctioning boards and other similar challenges.
Ellen Arvin Kennedy, Moderator
Dinsmore & Shohl LLP; Lexington, Ky.
Dean Langdon
DelCotto Law Group PLLC; Lexington, Ky.
Brian H. Meldrum
Kaplan Johnson Abate & Bird; Louisville, Ky.
Jason B. Sims
Dinsmore & Shohl LLP; Cincinnati
12:00-1:30 p.m.
Luncheon
12:30-1:30 p.m.
Luncheon Presentation
Images of Lawyers in Film: Legal Ethics and the MoviesProf. Nancy B. Rapoport
University of Nevada, Las Vegas William S. Boyd School of Law; Las Vegas
1:30-2:30 p.m.
Judicial Town Hall
Ethics of Decision-MakingThis panel of judges will discuss how they reach decisions based on unique fact scenarios from cases and often-encountered issues. Participants will also be asked to use their judgment to decide questions directed toward them.
Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Hon. Frank W. Volk
U.S. Bankruptcy Court (S.D. W.Va.); Charleston
2:30-3:30 p.m.
Great Debates
Timothy J. Hurley, Moderator
Taft Stettinius & Hollister LLP; Cincinnati
We've Had Our Differences, but Your Bankruptcy Filing Makes Me Whole
Resolved: Provisions for Make Whole Premiums on Debts Automatically Accelerated by a Bankruptcy Filing Should be Enforced
For: William J. Rochelle, III
American Bankruptcy Institute; New York
Against: Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
There's Gold in Them Thar Shares
Resolved: Golden Share Provisions Restricting the Debtor’s Authority to File Bankruptcy Should be Enforced
For: Kim Martin Lewis
Dinsmore & Shohl LLP; Cincinnati
Against: Ellen Arvin Kennedy
Dinsmore & Shohl LLP; Lexington, Ky.
Damned If I Do (Fraud), Damned If I Don't (Malpractice): Bankruptcy Planning, Exempt Assets and Stuff Like That
Resolved: The Debtor Should Convert Non-exempt Assets Into Exempt or Restricted Assets Whenever Possible Before Filing Bankruptcy.
For: Robert A. Goering
Goering & Goering, LLC; Cincinnati
Against: Casey M. Cantrell Swartz
Taft Stettinius & Hollister LLP; Cincinnati
3:30 p.m.
Adjourn
Conference Information
Hotel
A block of rooms at the Westin Cincinnati is being held on a first-come, first-served basis. The special room rate is $179 per night; reservations must be made by July 27, 2018, to secure the special rate. Reservations may be made online (https://www.starwoodmeeting.com/Book/MRBS) or by calling the Westin reservations center at 800-Westin1 and asking to be placed in the specially rated ABI/MRBS 2018 block. ABI cannot guarantee anyone a room after the block is filled.
Transportation
The Cincinnati/Northern Kentucky International Airport (CVG) is located approximately 12 miles/20 minutes from the Westin Cincinnati.
Conference Attire
Business-casual attire is requested, though not required.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by August 1, 2018. No refunds will be granted after August 1, but substitutions will be allowed. After August 1, 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*
Midwest Regional Bankruptcy Seminar: Approval for approximately 13 hours of CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, which include Indiana, Kentucky, Ohio and Pennsylvania, and 15.5 hours of CLE credit, including 2.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 15.5 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. 15.5 hours of CPE credit, including 2.5 hours of ethics, are also available.
Midwest Regional Bankruptcy Consumer Program: Approval for approximately 13 hours of CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, which include Indiana, Kentucky, Ohio and Pennsylvania, and 15.5 hours of CLE credit, including 2.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 15.5 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. 15.5 hours of CPE credit, including 2.5 hours of ethics, are also available.
* ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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 [email protected].
Judicial Co-Chairs
Hon. Beth A. Buchanan
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Hon. Jeffery P. Hopkins
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Program Chair
Stephen D. Lerner
Squire Patton Boggs; Cincinnati
Advisory Board
Michael B. Baker
The Baker Firm PLLC; Fort Mitchell, Ky.
Michael L. Baker
Ziegler & Schneider P.S.C.; Covington, Ky.
T. Kent Barber
Barber Law PLLC; Lexington, Ky.
Edward J. Boll, III
Lerner, Sampson & Rothfuss; Cincinnati
Marchand Boyd
East West Bank; Columbus, Ohio
Casey M. Cantrell Swartz
Taft Stettinius & Hollister LLP; Cincinnati
J. Michael Debbeler
Graydon Head & Ritchey LLP; Cincinnati
Patricia J. Friesinger
Coolidge Wall Co., L.P.A.; Dayton, Ohio
Eric W. Goering
Goering & Goering, LLC; Cincinnati
Timothy J. Hurley
Taft Stettinius & Hollister LLP; Cincinnati
Ellen Arvin Kennedy
Dinsmore & Shohl LLP; Lexington, Ky.
Monica V. Kindt
Office of the U.S. Trustee; Cincinnati
William B. Logan, Jr.
Luper Neidenthal & Logan; Columbus, Ohio
Pamela N. Maggied
Pamela N. Maggied Co., LPA; Columbus, Ohio
Jeffrey A. Marks
Vorys, Sater, Seymour and Pease LLP; Cincinnati
John B. Pidcock
Conway MacKenzie, Inc.; Dayton, Ohio
Raymond J. Pikna, Jr.
Wood + Lamping LLP; Cincinnati
Hon. Jessica E. Price Smith
U.S. Bankruptcy Court (N.D. Ohio); Cleveland
Donald J. Rafferty
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Erin C. Renneker
Harold Jarnicki & Associates; Lebanon, Ohio
Robert G. Sanker
Keating Muething & Klekamp PLL; Cincinnati
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Lori A. Schlarman
Adams, Stepner, Woltermann & Dusing, PLLC; Hebron, Ky.
A.J. Webb
Frost Brown Todd LLC; Cincinnati
2018 Midwest Regional Bankruptcy Seminar Registration Rates
Regular
(by 7/13/18)Late
(after 7/13/18)Consumer Workshop ONLY Pricing ABI Member $315 $365 New ABI Member* $410 $460 * 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. You must be an ABI member to attend the conference.
ABI Member Exhibitor Registration**$625New ABI Member Exhibitor Registration***$720Additional Booth Representative$95**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—a $325 value.
Optional Events
Cincinnati Food and Culture Experience$55Thursday Networking ReceptionFreeThursday Networking Reception Guest$40ABI 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.
Event Information 263154
Thursday, August 2
2:30 p.m.
Registration Opens
5:00-6:00 p.m.
“40 Under 40” Spotlight on Professional Development
Join the panelists for a candid interview with ABI’s inaugural “40 Under 40” honorees as they discuss the advice they received and now share for professional development and best practices in the court room.
Hon. Kevin J. Carey, Moderator
U.S. Bankruptcy Court, District of Delaware; Wilmington, Del.
Ryan G. Foley
Shook, Hardy & Bacon LLP; Philadelphia
Shanti M. Katona
Polsinelli; Wilmington, Del.
Jennifer B. Kimble
Prime Clerk; New York
Cullen Drescher Speckhart
Wolcott Rivers Gates; Virginia Beach, Va.
6:00-8:00 p.m.
Opening Reception
Sponsored by Bond, Schoeneck & King, PLLC, Cole Schotz P.C. and SSG Capital Advisors, LLC.
Friday, August 3
7:15-8:00 a.m.
Registration and Breakfast
Sponsored by Pachulski Stang Ziehl & Jones LLP
7:45-8:00 a.m.
Welcome Remarks
8:00-9:00 a.m.
Plenary Session
ABI Talks
James E. Van Horn, Moderator
McGuireWoods LLP; Baltimore
Hon. Richard E. Fehling
U.S. Bankruptcy Court, Eastern District of Pennsylvania; Reading, Pa.
Thomas M. Horan
Fox Rothschild LLP; Wilmington, Del.
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
9:15-10:30 a.m.
Concurrent Sessions (4)
Deconstructing the Order, Part II: Confirmation
How well do you understand your confirmation order? This panel will break down some examples of issues that create frustration for bankruptcy judges through inconsistent or vague language, misinterpretation or fundamental flaws. Panelists will navigate typical confirmation documents through drafting to final order.
Marc S. Weinsweig, Moderator
WeinsweigAdvisors; Rockville, Md.
Kara Hammond Coyle
Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.
Hon. Eric L. Frank
U.S. Bankruptcy Court, Eastern District of Pennsylvania; Philadelphia.
Lucian Murley
Saul Ewing Arnstein & Lehr LLP; Wilmington, Del.
Richard Schepacarter
U.S. Department of Justice-Office of the U.S. Trustee; Wilmington, Del.
Interactive Panel: Breaking Down the DIP Budget
This panel will explore the components of the DIP budget and the key issues for different stakeholders. The panelists will discuss how the DIP is constructed, negotiated and presented based on the interests of the debtor, lenders and unsecured creditors, and offer insight for professionals at every level of experience.
Kimberly A. Brown, Moderator
Landis Rath & Cobb LLP; Wilmington, Del.
Rosa J. Evergreen
Arnold & Porter Kaye Scholer LLP; Washington, D.C.
John P. Madden
Emerald Capital Advisors Corp.; New York
Hon. Stacey L. Meisel
U.S. Bankruptcy Court, District of New Jersey; Newark, N.J.
Richard Newman
Alvarez & Marsal; Chicago
Fallout of Health Care Consolidation: Who Will Be the Winners and Losers?
This panel will review how consolidation, redevelopment and even brick and mortar vs. online are changing health care, and who is likely to prevail. The panelists will discuss which health care providers are likely to encounter the most stress in the future, and which ones may have ways to fix the American health care system.
Suzanne A. Koenig, Moderator
SAK Management Services, LLC; Northfield, Ill.
Hon. Paul M. Black
U.S. Bankruptcy Court, Western District of Virginia; Roanoke, Va.
Peter C. Chadwick
Berkeley Research Group, LLC; Washington, D.C.
David N. Crapo
Gibbons P.C.; Newark, N.J.
Warren J. Martin
Porzio, Bromberg & Newman, P.C.; Morristown, N.J.
Consumer: ABI Commission on Consumer Bankruptcy
Members of the commission will provide an update on recent public meetings, relevant topics and the commission reporting process.
Alane A. Becket
Becket & Lee LLP; Malvern, Pa.
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
10:30-10:45 a.m.
Refreshment Break
10:45 a.m.-12:00 noon
Repeat Concurrent Sessions (2)
Deconstructing the Order, Part II: Confirmation
Interactive Panel: Breaking Down the DIP Budget
Concurrent Sessions (2)
Kicking the Tires: Automotive Supplier Restructurings/Tariffs
In an environment of rapid technological change and political uncertainty, automotive suppliers face fresh challenges. This panel will explore the possibility of trade wars, the politics of infrastructure, and the challenges and possibilities presented by self-driving cars and emerging technologies.
David M. Powlen, Moderator
Barnes & Thornburg LLP; Wilmington, Del.
Wanya du Preez
Deloitte CRG; McLean, Va.
Hon. David E. Rice
U.S. Bankruptcy Court, District of Maryland; Baltimore
Joseph R. Sgroi
Honigman Miller Schwartz and Cohn LLP; Detroit, Mich.
Sheryl Toby
Dykema Gossett PLLC; Detroit
Consumer: Consumer and UST Ethics Issues: Bankruptcy Billing, Bundling and the UpRight Decision
This panel will address hot topics in the consumer bankruptcy world, including analysis of the UpRight decision and the ongoing evolution of fee arrangements.
Lisa A. Rynard, Moderator
Purcell, Krug & Haller; Harrisburg, Pa.
Corinne Donohue Adams
Yumkas, Vidmar, Sweeney & Mulrenin, LLC; Columbia, Md.
Hon. Nancy V. Alquist
U.S. Bankruptcy Court, District of Maryland; Baltimore
David Cox
Cox Law Group PLLC; Lynchburg, Va.
12:00-1:00 p.m.
Optional Event: Family Picnic
Sponsored by Fox Rothschild LLP
1:00 p.m.
Optional Event: Golf Tournament at Hershey Country Club’s West Course
Shuttle will depart from lobby at 12:15PM.
1:30 p.m.
Optional Event: Trap-Shooting Tournament
Shuttle will depart from Hershey Outfitters at 12:45PM.
Sponsored by Sullivan Hazeltine Allinson LLC7:00-9:00 p.m.
A Taste of Hershey Dinner and Dancing (kid-friendly!)
Bar sponsored by Polsinelli
Dinner sponsored by Morris, Nichols, Arsht & Tunnell LLP and Young Conaway Stargatt & Taylor, LLP
Dessert sponsored by EpiqSaturday, August 4
7:30-8:00 a.m.
Breakfast
8:00-9:00 a.m.
Plenary Session
Judicial Debates
Teresa C. Kohl, Moderator
SSG Capital Advisors, LLC; West Conshohocken, Pa.
Hon. Vincent F. Papalia
U.S. Bankruptcy Court, District of New Jersey; Newark, N.J.
Hon. Frank J. Santoro
U.S. Bankruptcy Court, Eastern District of Virginia; Norfolk, Va.
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court, District of Delaware; Wilmington, Del.
Bruce Grohsgal
Delaware Law School Widener University; Wilmington, Del.
9:15-10:30 a.m.
Plenary Session
Ethical Use of Artificial Intelligence/Technology in the Legal Industry
As fast-emerging technologies change the way we conceive of how we will practice law in the very near future, ethics rules will need to address this revolution. The panelists will discuss how to keep ahead of these developments and adapt our practices to best understand and address our developing ethical obligations.
Hon. Henry W. Van Eck
U.S. Bankruptcy Court for the Middle District of Pennsylvania; Harrisburg, Pa.
Ericka F. Johnson
Womble Bond Dickinson (US) LLP; Wilmington, Del.
Mette H. Kurth
Fox Rothschild LLP; Wilmington, Del.
10:30-10:45 a.m.
Refreshment Break
Sponsored by McGuireWoods LLP
10:45-12:00 noon
Judicial Round and Round
Hon. Kevin J. Carey, Moderator
U.S. Bankruptcy Court, District of Delaware; Wilmington, Del.
Hon. Paul M. Black
U.S. Bankruptcy Court, Western District of Virginia; Roanoke, Va.
Hon. Richard E. Fehling
U.S. Bankruptcy Court, Eastern District of Pennsylvania; Reading, Pa.
Hon. Stacey L. Meisel
U.S. Bankruptcy Court, District of New Jersey; Newark, N.J.
Hon. Vincent F. Papalia
U.S. Bankruptcy Court, District of New Jersey; Newark, N.J.
Hon. David E. Rice
U.S. Bankruptcy Court, District of Maryland; Baltimore
Hon. Frank J. Santoro
U.S. Bankruptcy Court, Eastern District of Virginia; Norfolk, Va.
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court, District of Delaware; Wilmington, Del.
12:00 noon
Adjourn
Workshop Rates
Registration Rates* Early Bird
(by 6/1/18)Regular
(6/2/18-7/13/18)Late
(after 7/13/18)ABI Member$650$700$795Govt./Nonprofit/Aca. ABI Member$345$395$445Join and Save*$945$995$1,090New Govt./Nonprofit/Aca. ABI Member*$440$490$540* 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.
ABI Member Exhibitor Registration**$1,600New ABI Member Exhibitor Registration***$1,925Additional Booth Representative$500** 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; you must be an ABI member to attend. Membership is individual and nonrefundable.
Note: All exhibitor rates include the Opening Reception, Friday and Saturday Breakfasts and all refreshment breaks.
Optional Events
RateOpening ReceptionGuestChild (12 and under)
$FREE to registrant$50$25Family Picnic$20Golf Tournament at Hershey’s West CourseHandicap ________$170Guest Golf Tournament at Hershey’s West CourseHandicap ________$170Trap-Shooting Tournament$115Guest Trap-Shooting Tournament$115Friday Dinner and Dancing RegistrantGuestChild (12 and under)
$30$90$45Hershey Park Tickets Ages 3 & Up$38
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..
Conference Information
Hotel
One of the finest historic hotels in America, The Hotel Hershey is known for its refined elegance, signature service and highly rated amenities. Situated high atop the town of Hershey, Pa., this 1930s-era hotel has been recognized with both the Forbes Four-Star Award and the AAA Four-Diamond Award. Outfitted with indoor and outdoor swimming pools, cabana rentals, nightly family s’mores roasts, a full sports complex and more, the Hotel Hershey has something for every family member. ABI has arranged a special conference rate of $324 per night. Reservations must be made directly with the resort by July 1, 2018, to secure this special rate. You will receive a unique room reservation link after you have registered with ABI. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the July 1 cut-off or after the specially rated ABI block has been filled. The hotel may sell out, so please make your reservations accordingly.
Continuing Education*
7 hours of CLE credit, including 2.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 8 hours of CLE credit, including 3 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit approval regulations and may not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 8.5 credit hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 7 hours, of which 2.5 hours will apply to ethics. 8 hours of CPE credit, including 3 hours of ethics, are also available.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by July 13, 2018. No refunds will be granted after July 13, but substitutions will be allowed. After July 13, 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.
Optional Events
Golf Tournament at Hershey Country Club’s West Course
Friday, August 3, 1:00 p.m.
Hershey Country Club’s West Course provides a bird’s-eye view of the town – including play atop the hill on the front lawn of Milton Hershey’s estate, High Point Mansion. This par-73 course was designed in 1930 with tree-lined fairways, lush greens and challenging hazards. Green fees are $170 per person, which includes lunch and cart. Lunch will be provided at noon. Please check the appropriate box on the online registration form, and indicate your handicap.
Trap-Shooting Tournament
Friday, August 3, 1:30 p.m.
Sponsored by Sullivan Hazeltine Allinson LLC
Both addictive and challenging, trap-shooting launches targets from a single ‘house’ or machine, generally away from the shooter. Instead of sinking a ball into a hole, shooters aim to break targets. All family members over 12 years of age can safely enjoy this energetic sport at the Palmyra Sportsmen’s Club. The $115 fee includes a boxed lunch, transportation and all tournament fees. Please check the appropriate box on the online registration form.
Discounted Tickets to Hershey Park
You can purchase discounted tickets to Hershey Park during your stay (tickets are general admission and can be used August 2 - August 6, 2018). The cost per person is $38 for ages 3 & Up, children 2 and under are free. Purchased tickets will be distributed at registration when you arrive at the hotel. Please check the appropriate box on the online registration form.
Cocoa Kids Club
The Cocoa Kids Club is the perfect place for young vacationers (ages 5+) to make new friends and learn new skills, including tennis, basketball, swimming, arts and crafts and ice cream-making. Kids can also visit the Children’s Garden and Butterfly House. Full-day (9:00 a.m.-4:00 p.m.) pricing is $75 per child and includes lunch; half-day (9:00 a.m.-1:00 p.m. or 12:00-4:00 p.m.) is $55 per child and includes lunch. Cocoa Clubhouse also offers an evening camp option from 5:00-9:00 p.m., which includes a meal and is $60 per child. To enroll your child(ren) in the Cocoa Kids Club, please call the Hotel Hershey directly at (717) 533-2171.
Chairs
Hon. Nancy V. Alquist, Judicial Chair
U.S. Bankruptcy Court (D. Md.); Baltimore
Hon. Laurie S. Silverstein, Judicial Chair
U.S. Bankruptcy Court (D. Del.); Wilmington
Thomas M. Horan, Co-Chair
Fox Rothschild LLP; Wilmington, Del.
Teresa C. Kohl, Co-Chair
SSG Capital Advisors, LLC; West Conshohocken, Pa.
James E. Van Horn, Co-Chair
McGuireWoods LLP; Baltimore
Advisory Board
Stuart M. Brown
DLA Piper; Wilmington, Del.
Maria Ellena Chavez-Ruark
Saul Ewing Arnstein & Lehr LLP; Baltimore
Kevin P. Clancy
CohnReznick LLP; Edison, N.J.
Tiffany Cobb
Vorys, Sater, Seymour and Pease LLP; Columbus, Ohio
Scott D. Cousins
Bayard, P.A.; Wilmington, Del.
Kara Hammond Coyle
Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.
G. David Dean, II
Cole Schotz P.C.; Baltimore
Paul H. Deutch
Omni Management Group, LLC; New York
Stephen A. Donato
Bond, Schoeneck & King, PLLC; Syracuse, N.Y.
Linda V. Donhauser
Miles & Stockbridge P.C.; Baltimore
Louis J. Ebert
Rosenberg Martin Greenberg LLP; Baltimore
Brett D. Fallon
Morris James LLP; Wilmington, Del.
Mark E. Felger
Cozen O’Connor; Wilmington, Del.
Charles M. Forman
Forman Holt; Paramus, N.J.
Christopher J. Giaimo
Clark Hill PLC; Washington, D.C.
Elizabeth L. Gunn
Virginia Office of the Attorney General; Richmond, Va.
Jason W. Harbour
Hunton Andrews Kurth LLP; Richmond, Va.
Michael R. Herz
Fox Rothschild LLP; Morristown, N.J.
Ericka F. Johnson
Womble Bond Dickinson (US) LLP; Wilmington, Del.
Laura D. Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Lawrence A. Katz
Hirschler Fleischer, PC; Tysons Corner, Va.
Eric M. Kerwood
Epiq Systems, Inc.; New York, N.Y.
Shelley A. Kinsella
Elliott Greenleaf; Wilmington, Del.
James M. Matour
Dilworth Paxson LLP; Philadelphia
Erika L. Morabito
Foley & Lardner LLP; Washington, D.C.
Richard Newman
Alvarez & Marsal; Chicago
Edward A. Phillips
EisnerAmper LLP; Philadelphia
David M. Powlen
Barnes & Thornburg LLP; Wilmington, Del.
Richard W. Riley
Duane Morris LLP; Wilmington, Del.
Kenneth A. Rosen
Lowenstein Sandler LLP; Roseland, N.J.
Jeffrey N. Rothleder
Clark Hill PLC; Washington, D.C.
Jeffrey M. Schlerf
Fox Rothschild LLP; Wilmington, Del.
Joseph L. Schwartz
Riker Danzig Scherer Hyland & Perretti LLP; Morristown, N.J.
Natasha Songonuga
Gibbons P.C.; Wilmington, Del.
Lisa B. Tancredi
Gebhardt & Smith LLP; Baltimore
Stanley B. Tarr
Blank Rome LLP; Wilmington, Del.
Jeremy P. VanEtten
Gavin/Solmonese LLC; Wilmington, Del.
Robert A. Weber
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington, Del.
Christopher B. Wick
Hahn Loeser & Parks LLP; Cleveland
Event Information 263695
Thursday, September 6
8:00 a.m.
Optional Event
Golf Tournament at Royal Links Golf Club
3:00-6:00 p.m.
ABI Registration Desk Open
6:00-7:30 p.m.
Opening Reception
Sponsored by Development Specialists, Inc. and KCC
Bars Sponsored by Bentham IMF; Omni Management Group and Schian Walker, PLC
Friday, September 7
7:00 a.m.-5:00 p.m.
ABI Registration Desk Open
7:30-8:00 a.m.
Networking Breakfast
7:45-8:00 a.m.
Welcome Remarks
8:00-9:30 a.m.
Very Good Debates
John W. Lucas, Moderator
Pachulski Stang Ziehl & Jones LLP; San Francisco
Judicial Debate
Resolved: Hiring an independent CRO displaces the need for the appointment of a chapter 11 trustee under § 1104(e) of the Bankruptcy Code.
Pro: Hon. Scott C. Clarkson
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
Con: Hon. Mary Jo Heston
U.S. Bankruptcy Court (W.D. Wash.); Tacoma
Business Debate
Resolved: Holders of acquired claims should be required to disclose the basis in such a claim as a condition for seeking relief in a bankruptcy case.
Pro: Gregory E. Garman
Garman Turner Gordon; Las Vegas
Con: Thomas J. Salerno
Stinson Leonard Street LLP; Phoenix
Consumer Debate
Resolved: The exemption law of the state to which a debtor has recently moved should be used in the debtor’s bankruptcy case, with the former state law used as a cap on homestead exemptions.
Pro: Mark Gorton
Boutin Jones; Sacramento, Calif.
Con: Estela O. Pino
Pino & Associates; Sacramento, Calif.
9:30-9:45 a.m.
Coffee Break
Sponsored by Pachulski Stang Ziehl & Jones LLP
9:45-11:00 a.m.
Concurrent Sessions (3)
What Are the Limits of Sale, Plan and Constitutional Mootness?
Three avenues for appellate courts to dismiss bankruptcy appeals are sale, plan and constitutional mootness. This panel will discuss the strengths and limitations of these three approaches, which appellate courts are increasingly gravitating toward and departing from, and steps and arguments parties can make to improve their chances of success in obtaining (or avoiding) dismissal of a bankruptcy appeal as moot.
Hon. Julia W. Brand
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Cecily A. Dumas
Pillsbury; San Francisco
Susan M. Freeman
Lewis Roca Rothgerber Christie LLP; Phoenix
Thomas E. Patterson
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Update Regarding Automatic Stay and Discharge Issues
This panel will discuss automatic stay and discharge injunction violations arising from withholding property to collect, statutes of limitations, and exceptions to discharge after Husky.
Robert M. Charles, Jr.
Lewis Roca Rothgerber Christie LLP; Phoenix
Dawn S. Cica
Mushkin Cica Coppedge; Las Vegas
Peter J. Gurfein
Landau Gottfried & Berger LLP; Los Angeles
Hon. Brenda Kay Martin
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Be Careful What You Ask For: Risks and Benefits of Involuntary Bankruptcy Filings
This session will provide an overview of the requirements to file an involuntary bankruptcy case and the advantages and pitfalls that arise from these filings, including petitioner liabilities.
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Janet L. Chubb
Kaempfer Crowell; Reno, Nev.
Oren Haker
Stoel Rives LLP; Portland, Ore.
Jordan A. Kroop
Perkins Coie LLP; Phoenix
11:00-11:15 a.m.
Coffee Break
Sponsored by DLA Piper
11:15 a.m.-12:30 p.m.
Concurrent Sessions (3)
How to Handle Challenging Clients and Conflict Issues in Individual Cases
This panel will discuss (a) interactions with clients who have mental health problems, lying clients and unreasonable clients; and (b) spousal conflicts, joint individual and business case conflicts, conflicts that arise when changing firms, and multiple-owner business case conflicts.
Cynthia M. Cohen
Glaser Weil Fink Howard Avchen & Shapiro LLP; Los Angele
Randy Nussbaum
Sacks Tierney P.A.; Scottsdale, Ariz.
Allison M. Rhodes
Holland & Knight LLP; Los Angeles
Hon. Eugene R. Wedoff (ret.)
Oak Park, III.
Winding Down Companies When Bankruptcy Is Not an Option
This panel will discuss alternatives to formal bankruptcy, including assignments for the benefit of creditors, abstention of a bankruptcy case under § 305, receiverships, state law dissolution and out-of-court workouts.
Sara L. Chenetz
Perkins Coie LLP; Los Angeles
David M. Johnson
Sherwood Partners, Inc.; Mountain View, Calif.
K. Kevin Otus
Onyx Asset Advisors; San Francisco
Matthew P. Sorenson
Development Specialists, Inc.; Los Angeles
Ins and Outs of Dealing with Tax Claims
This panel will cover issues relating to the discharge of tax claims, objecting to tax claims and the utility of § 505, the consequences of not having tax returns on file as of the petition date, and other tax-related issues that impact debtors.
Thomas H. Allen
Allen Barnes & Jones, PLC; Phoenix
Richard D. Liebman
Grant Thornton LLP; Chicago
Hon. Mark S. Wallace
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
Kenneth C. Weil
Law Office of Kenneth C. Weil; Seattle
12:30-1:30 p.m.
Networking Luncheon
Lively Luncheon: The $1,000,000 Pyramid Goes Chapter 11
Sponsored by Omni Management Group
1:30-2:45 p.m.
Concurrent Sessions (3)
Post-Confirmation Liquidating and Litigation Trusts
This panel will discuss the process of developing and implementing post-confirmation trusts, including the transfer of litigation claims to a trust, claimant direct claims vs. company claims, trustee with discretion vs. board with veto power, voting by beneficiaries, reporting, distribution issues, funding, post-confirmation jurisdiction and involvement of the bankruptcy court, trustee liability, quasi-judicial immunity and indemnification, and interim and final distributions and tax considerations.
P. Gregg Curry
Navigant Consulting, Inc.; Phoenix
Ken Epstein
Bentham IMF; New York
Hon. Charles D. Novack
U.S. Bankruptcy Court (N.D. Cal.); Pasadena
Cathy L. Reece
Fennemore Craig, P.C.; Phoenix
The Role of Governmental Agencies in Chapter 11 Cases
This panel will discuss the role that federal agencies play in chapter 11 bankruptcy cases.
David Nelson
Boies Schiller Flexner LLP; Fort Lauderdale, Fla.
Samuel A. Newman
Gibson, Dunn & Crutcher LLP; Los Angeles
Michael A. Strollo
Pension Benefit Guaranty Corp.; Washington, D.C.
Hon. Madeleine C. Wanslee
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Cutting-Edge Issues in Avoidance Actions
This panel will cover the effects of the recent Supreme Court decision under § 546(e) of the Bankruptcy Code, valuation of avoidance actions, pre-bankruptcy planning, creditor intervention, and conflicts preventing individual debtors from pursuing claims.
Andrew W. Caine
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Craig S. Ganz
Ballard Spahr LLP; Phoenix
Edward T. Gavin
Gavin/Solmonese LLP, Wilmington, Del.
Hon. M. Elaine Hammond
U.S. Bankruptcy Court (N.D. Cal.); San Jose
2:45-3:15 p.m.
Refreshment Break
Sponsored by Proskauer
3:15-4:30 p.m.
The ABCs of Electronic Currencies
Blockchain technology has the tech and business sectors abuzz. Legislators, regulators and the judiciary struggle to keep up with the breakneck pace of development. Much of the initial focus has been on Bitcoin, the virtual currency that was the first major blockchain-based application, but interest and activity by both industry and policymakers is quickly shifting toward broader uses of blockchains. A blockchain, also sometimes called a distributed ledger, is essentially an online database that, instead of being controlled by a central authority, is created, managed and used in a decentralized way by its users on a peer-to-peer network. The shared, transparent and unalterable nature of a blockchain creates the perfect environment for the transfer of assets (physical, informational or financial). A blockchain network eliminates the need for a central record system or intermediary to establish ownership and trust, allowing individuals with no previous relationship to exchange such assets in a secure manner. This technology is still in its infancy, but it is fast giving rise to “initial coin offerings” as a new form of raising capital, massive (and wildly speculative) investment in various virtual currencies, and other transformative technologies. Although blockchains’ possibilities are exciting, the uncertainty and instability surrounding many blockchain applications, certainly including cryptocurrencies, is likely to result in significant distressed scenarios requiring specialized knowledge of both this extraordinary technology and insolvency law.
Hon. Daniel P. Collins
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Bryce A. Suzuki
Bryan Cave Leighton Paisner LLP; Phoenix
Christopher J. Wells
Alvarez & Marsal; Phoenix
Steven J. Yeager
State of Nevada Assembly; Las Vegas
4:30-5:30 p.m.
Happy Hour
Sponsored by Allen Barnes & Jones, PLC and Sacks Tierney, P.A.
7:30 p.m.
Optional Event
Jerry Seinfeld at The Colosseum at Caesars Palace
Saturday, September 8
8:00 a.m.-12:00 noon
ABI Registration Desk Open
8:30-9:00 a.m.
Networking Breakfast
9:00-10:15 a.m.
Hotcakes and Hot Topics: Judges’ Roundtable Q&A
This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country, who will share their thoughts and perspectives — and take questions from the audience — on topics of current interest in both business and consumer cases.
Patrick A. Clisham, Moderator
Engelman Berger, PC; Phoenix
10:15-10:30 a.m.
Coffee Break
10:30-11:45 a.m
Plenary Session
Ethics Roundtable
This panel will discuss various ethical issues in consumer- and business-related bankruptcy cases and other restructurings.
Heather A. LaSalle
McGlinchey Stafford PLLC; New Orleans
Douglas L. Lutz
Frost Brown Todd, LLC; Cincinnati
Hon. Paul Sala
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Lei Lei Wang Ekvall
Smiley | Wang-Ekvall; Costa Mesa, Calif.
11:45 a.m
Adjourn
Conference Information
Hotel
The Four Seasons Hotel 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 $235 per night. To secure the special rate, reservations must be made directly with the resort by August 13, 2018. 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.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice is received in writing by August 16, 2018. No refunds will be made if notice is received after August 16, although substitutions will be allowed. After August 16, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for the same conference next year.
Continuing Education
9 hours of CLE credit, including 2.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 10.5 hours of CLE credit, including 3 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 10.5 credit hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 9 hours, of which 2.5 hours will apply to ethics. 10.5 hours of CPE credit, including 3 hours of ethics are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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 email to [email protected].
Attorney Specialist Certification
The American Board of Certification (ABC) will offer its Business Bankruptcy, Consumer Bankruptcy and Creditors’ Rights exams at the Four Seasons Hotel Las Vegas on Thursday, September 6, 2018, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by emailing [email protected] or by visiting the ABC website at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.
Optional Events
Golf Tournament at Royal Links Golf Club
Thursday, September 6, 8:00 a.m.
Missed your invitation to play in the British Open? Don’t worry; you can still play 18 of the best holes from 11 different British Open rotation courses. Conveniently located less than nine miles from the heart of the world-famous Las Vegas Strip, Royal Links is not your typical golf course. Whether you are interested in the history of the game or just want a shot at besting Tiger Woods’ course record of 67 (Feb. 2001), Royal Links is sure to provide you with some great golfing memories. The $190 green fee includes transportation from the Four Seasons, all tournament fees and lunch at the tournament’s conclusion. Please check the appropriate box on the online registration form to play, and indicate your handicap.
Jerry Seinfeld at The Colosseum at Caesars Palace
Friday, September 7, 7:30 p.m.
Jerry Seinfeld has been doing stand-up since “stand up” was something you did when a lady entered the room. You can see America’s favorite comedian perform his legendary comedy routine live at The Colosseum at Caesars Palace in Las Vegas! Tickets for seats are $150 per person. Please mark the appropriate box on the online registration form.
Judicial Chair
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
John W. Lucas
Pachulski Stang Ziehl & Jones LLP; San Francisco
Randy Nussbaum
Sacks Tierney P.A.; Scottsdale, Ariz.
Sponsorship Chair
Patrick A. Clisham
Engelman Berger, PC; Phoenix
Advisory Board
Thomas H. Allen
Allen Barnes & Jones, PLC; Phoenix
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Jason S. Brookner
Gray Reed & McGraw LLP; Dallas
Louis M. Bubala, III
Kaempfer Crowell; Reno, Nev.
Alissa Brice Castañeda
Quarles & Brady LLP; Phoenix
Robert M. Charles, Jr.
Lewis Roca Rothgerber Christie LLP; Tucson, Ariz.
Dawn M. Cica
Mushkin Cica Coppedge; Las Vegas
David D. Cleary
Greenberg Traurig, LLP; Phoenix
Ford Elsaesser
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho
Scott D. Fleming
Kolesar & Leatham; Las Vegas
Craig S. Ganz
Ballard Spahr LLP; Phoenix
Gregory E. Garman
Garman Turner Gordon; Las Vegas
David M. Guess
Bienert, Miller & Katzman, PLC; San Clemente, CA
Peter J. Gurfein
Landau Gottfried & Berger LLP; Los Angeles
Oren Haker
Stoel Rives LLP; Portland, Ore.
Andrew Hinkelman
FTI Consulting, Inc.; San Francisco
Nicole Horton
EY; Los Angeles
Paul S. Jasper
Rimon, P.C.; San Francisco
Steven D. Jerome
Snell & Wilmer L.L.P.; Phoenix
Cody J. Jess
Schian Walker PLC; Phoenix
Lance N. Jurich
Loeb & Loeb LLP; Los Angeles
Jordan A. Kroop
Perkins Coie LLP; Phoenix
Robert J. Labate
Holland & Knight LLP; San Francisco
Heather A. LaSalle
McGlinchey Stafford PLLC; New Orleans
Justin E. Rawlins
Winston & Strawn LLP; Los Angeles
Cathy L. Reece
Fennemore Craig, P.C.; Las Vegas
Jeffrey M. Reisner
Irell & Manella LLP; Los Angeles
Justin A. Sabin
Bryan Cave Leighton Paisner LLP; Phoenix
Robert K. Sahyan
Sheppard, Mullin, Richter & Hampton LLP; San Francisco
Thomas J. Salerno
Stinson Leonard Street LLP; Phoenix
Samuel A. Schwartz
Schwartz Flansburg; Las Vegas
Nellwyn Voorhies-Kantak
Donlin, Recano & Company, Inc.; New York
Christopher J. Wells
Alvarez & Marsal; Phoenix
Daniel R. Williams
Fenix Financial Forensics LLC; Scottsdale, Ariz.
John T. Young, Jr.
Conway MacKenzie, Inc.; Houston
Gold
Bryan Cave Leighton Paisner LLP
CR3 Partners, LLC
Development Specialist, Inc.
Donlin, Recano & Company, Inc.
FTI Consulting, Inc.
KCC
Omni Management Group
Perkins Coie LLPSilver
Allen Barnes & Jones, PLC
Alvarez & Marsal
Bentham IMF
Conway MacKenzie, Inc.
DLA Piper
Engelman Berger, PC
Gavin/Solmonese LLC
Pachulski Stang Ziehl & Jones LLP
Proskauer
Sacks Tierney P.A.
Schian Walker PLC
Snell & Wilmer, L.L.P.
Stinson Leonard Street LLP
Wilmington TrustBronze
Ballard Spahr LLP
Bienert, Miller & Katzman, PLC; San Clemente, Calif.
Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.
Fenix Financial Advisors LLC
Fennemore Craig, P.C.
Gray Reed & McGraw LLP
Holland & Knight LLP
Kaempfer Crowell
Kolesar & Leatham
Lewis Roca Rothgerber Christie LLPLoeb & Loeb LLP
McGlinchey Stafford PLLC
Mesch Clark & Rothschild PC
Mushkin Cica Coppedge
Onyx Asset Advisors, LLC
Quarles & Brady LLP
Schwartz Flansburg
Sherwood Partners, Inc.
Shumaker, Loop & Kendrick, LLP
Winston & Strawn LLPRegistration Rates
Registration Rates Early Bird
(postmarked by 6/22/18)Regular
(6/23/18-8/17/18)Late
(after 8/17/18)ABI Member$645$695$745ABI Govt./Nonprofit Member$345$395$445Join and Save*$940$990$1040Govt./Nonprofit New ABI Member*$440$490$540ON-SITE REGISTRATION FEE
ABI Member$800Join and Save*$1,095* Includes a one-year membership for first-time members only — a $325 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
Opening ReceptionOpening Reception GuestFree$75Golf Tournament at Royal Links$200Happy HourHappy Hour GuestFree$50Jerry Seinfeld$150Event Information 264526
Friday, September 21
7:30-8:15 a.m.
Registration and Continental Breakfast
Sponsored by BakerHostetler
8:15-8:30 a.m.
Welcome Remarks
David R. Kuney, Program Chair
Whiteford Taylor Preston, LLP; Washington, D.C.
Jill Castleman, Executive Director
Georgetown Law Academic Conferences & Continuing Legal Education; Washington, D.C.
Samuel J. Gerdano, Executive Director
American Bankruptcy Institute; Alexandria, Va.
8:30-9:30 a.m.
Confirmation Roundtable
This session will cover a number of recent confirmation hot topics, including refinancing of secured loans in bankruptcy (BOKF NA v. Momentive Performance Materials Inc..); rights offerings and unfair discrimination (In re TCI 2 Holdings LLC); substantive consolidation with nondebtors (In re Archdiocese of St. Paul and Minneapolis); and per plan, not per debtor, confirmation (In the Matter of Transwest Resort Properties Inc.).
Gary T. Holtzer, Moderator
Weil, Gotshal & Manges LLP; New York
Hon. Stuart M. Bernstein
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Kevin R. Huennekens
U.S. Bankruptcy Court (E.D. Va.); Richmond
Hon. Michael E. Wiles
U.S. Bankruptcy Court (S.D.N.Y.); New York
Kristin K. Going, Facilitator
Drinker Biddle & Reath LLP; New York
9:30-10:30 a.m.
Navigating the Claims-Trading Landscape to Avoid Potential Pitfalls
This session will discuss hot-button issues relating to claims trading, including the Supreme Court’s ruling of nonstatutory insider status as clear error, as opposed to de novo (In re The Village at Lakeridge LLC); eligibility to vote an assigned claim (In re ASHINC Corp. and In re LightSquared Inc.); disallowance of a transferred claim subject to preference challenge (In re K-B Toys); and other legal issues common to claims trading and litigation finance in bankruptcy.
Cecily A. Dumas, Moderator
Pillsbury Winthrop Shaw Pittman LLP; San Francisco
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Christine Gravelle
U.S. Bankruptcy Court (D. N.J.); Trenton
Joseph G. Minias, Facilitator
Willkie Farr & Gallagher LLP; New York
10:30-10:45 a.m.
Networking Break
Sponsored by McGuireWoods LLP
10:45-11:45 a.m.
Shrinking Safe Harbors and Expanding UFTA Immunity?
This panel will discuss safe harbors after Merit Management, the reach of the UFTA after Crystallex, and the preemption of creditor claims after Tribune and Physiotherapy Holdings, and will take a look at where the law is heading.
Philip D. Anker, Moderator
WilmerHale; New York
Hon. Michelle M. Harner
U.S. Bankruptcy Court (D. Md.); Baltimore
Hon. John K. Sherwood
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. S. Martin Teel, Jr.
U.S. Bankruptcy Court (D. D.C.); Washington
Michael B. Schaedle, Facilitator
Blank Rome LLP; Philadelphia
11:45 a.m.-1:00 p.m.
Working Lunch: Breakouts 1-3
Sponsored by Pachulski Stang Ziehl & Jones LLP
A facilitator will lead additional discussions from the three morning panels, providing a unique opportunity for attendees to follow up on the morning’s topics in small groups over lunch with the judicial faculty.
1:00-2:00 p.m.
Great Debates
Norman N. Kinel, Moderator
Squire Patton Boggs (US) LLP; New York
Resolved: Under Till v. SCS Credit Corp., a bankruptcy court is required to use a two-step approach to determine the cramdown interest rate, and must first determine whether there is an efficient market before it can use the formula approach.
Pro: Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Con: Hon. Marvin Isgur
U.S. Bankruptcy Court (S.D. Tex.); Houston
Resolved: A trademark licensee retains the right to use a debtor’s trademark post-rejection.
Pro: Craig Goldblatt
WilmerHale; Washington, D.C.
Con: Michael L. Bernstein
Arnold & Porter Kaye Scholer LLP; Washington, D.C.
2:00-3:00 p.m.
Current Issues Involving Third-Party Releases
This panel will explore current topics of interest involving third-party releases, including issues regarding: "deemed consent" of releasing parties; the scope of third-party releases; and the impact of jurisdictional or constitutional limits on bankruptcy courts to approve non-consensual third-party releases.
Paul M. Basta, Moderator
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Hon. Ashely M. Chan
U.S. Bankruptcy Court (E.D. Pa.); Philadelphia
Hon. Michael B. Kaplan
U.S. Bankruptcy Court (D. N.J.); Trenton
Hon. Stacey L. Meisel
U.S. Bankruptcy Court (D. N.J.); Newark
Karen A. Giannelli, Facilitator
Gibbons P.C.; Newark, N.J.
3:00-3:30 p.m.
Networking Refreshment Break
Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP
3:30-4:30 p.m.
Ethics
This panel will explore key bankruptcy issues concerning the lawyer’s obligation to be “disinterested” and free from having adverse interests. How do these bankruptcy issues relate to the Model Rules of Professional Conduct, including RPCs 1.6 (“Confidentiality of Information”), 1.7 (“Conflict of Interest: Current Clients”), 1.9 (“Duties to Former Clients”), 1.18 (“Duties to Prospective Clients”), 3.3 (“Candor Toward the Tribunal”) and 4.1 (“Truthfulness in Statements to Others”)? The panel will also address the current state of affairs with respect to the allowance of fees incurred in defending fee applications and the use of in-camera disclosures in conjunction with retention-related issues.
Donald A. Workman, Moderator
BakerHostetler; Washington, D.C.
Hon. Janet S. Baer
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Chief Judge Kathryn C. Ferguson
U.S. Bankruptcy Court (D. N.J.); Trenton
Hon. James J. Tancredi
U.S. Bankruptcy Court (D. Conn.); Hartford
Richard M. Meth, Facilitator
Roseland, N.J.
4:30-5:30 p.m.
Cocktail Reception
Conference Information
Hotel Reservations
We recommend the following hotels within walking distance of the Law Center:
Hyatt Regency Washington on Capitol Hill
400 New Jersey Avenue NW
Washington, DC 20001
202-737-1234 or 800-233-1234
When calling the Hyatt for reservations, please request the Georgetown University volume rate, or use Corporate or Group Code 58549 online.
https://goo.gl/oveidYThe Hotel George
15 E Street NW
Washington, DC 20001
202-347-4200 or 800-576-8331
When booking online, use Corporate ID 100229700 to receive the Georgetown rate.
www.hotelgeorge.comLiaison Capitol Hill DC
415 New Jersey Avenue NW
Washington, DC 20001
(888) 513-7445 (Reservations)
[email protected] (Reservations)
When making reservations, mention the Corporate/Promotion Code GEORGETOWN.
When booking online, receive the discount with the following link: https://goo.gl/gRWhC1A block of rooms has not reserved. Please book early to receive the best rate. Corporate rates are not guaranteed.
Disclaimer
Speakers are subject to change.
Services for People with Special Needs or Dietary Restrictions
Call (202) 662-9890 or email [email protected] with your requests.
Scholarships
Please apply online at www.georgetowncle.org, or submit written requests by 5:00 p.m. on August 31, 2018, to: Scholarship Committee, Georgetown CLE, 600 New Jersey Avenue NW, Washington, DC 20001, or email to [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by August 31, 2018. No refunds will be made if notice is received after August 31, although substitutions will be allowed. After August 31, upon written request, a coupon for 20% off the registration fee will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
CLE Credit
Accreditation has been or will be requested for this program from states with mandatory Continuing Legal Education requirements for 6 CLE credits (based on a 60-minute credit hour) including 1 hour of ethics and 7.2 CLE credits (based on a 50-minute credit hour), including 1.2 hours of ethics. Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown Law CLE is a State Bar of California-approved MCLE provider. Some states require nominal accreditation fees, and you will be asked to submit payment at the program’s conclusion. If you have any questions about CLE, please contact Georgetown Law CLE at (202) 662-9890.
CPE Credit
Georgetown Law CLE 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 Avenue North, Suite 700, Nashville, TN, 37219-2417, www.nasba.org.
Course Level
Overview, group live, no prerequisites or advanced preparation required; 7 CPE credits in the Specialized Knowledge and Regulatory Ethics Field of Study Program.
Program Location
Georgetown University Law Center
Hart Auditorium, First Floor
600 New Jersey Avenue, NW
Washington, DC 20001
IMPORTANT: All visitors to the Law Center must enter through the second floor entrance facing New Jersey Avenue.
Parking Information
Due to the limited amount of parking available, the Georgetown University Law Center cannot provide parking for programs held there. Disabled persons may make arrangements to park at the Law Center by calling (202) 662-9890. We encourage attendees to take Metro or a taxi to the program. Drivers can use the following nearby parking garages:
Union Station Parking Garage
50 Massachusetts Avenue, NE, Washington, DC 20002
(202) 371-9441
Marcparc Parking Garage
601 New Jersey Avenue, NW, Washington, DC 20001
(202) 789-4000
Program Chair
David R. Kuney
Whiteford Taylor Preston, LLP; Washington, D.C.
Advisory Board
Derek Abbott
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Paul M. Basta
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Michael L. Bernstein
Arnold & Porter Kaye Scholer LLP; Washington, D.C.
Martin J. Bienenstock
Proskauer; New York
Mark D. Collins
Richards, Layton & Finger, PA; Wilmington, Del.
Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C.; New York
Mary Joanne Dowd
Arent Fox LLP; Washington, D.C.
Cecily A. Dumas
Pillsbury Winthrop Shaw Pittman LLP; San Francisco
Dennis F. Dunne
Milbank, Tweed, Hadley & McCloy LLP; New York
Douglas M. Foley
McGuireWoods LLP; Washington, D.C.
Peter M. Friedman
O’Melveny & Myers LLP; Washington, D.C.
Karen A. Giannelli
Gibbons P.C.; Newark, N.J.
Jay M. Goffman
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Kristin K. Going
Drinker Biddle & Reath LLP; Washington, D.C.
Craig Goldblatt
WilmerHale; Washington, D.C.
Jason W. Harbour
Hunton Andrews Kurth LLP; Richmond, Va.
Leslie C. Heilman
Ballard Spahr LLP; Wilmington, Del.
Gary T. Holtzer
Weil, Gotshal & Manges LLP; New York
Thomas M. Horan
Fox Rothschild LLP; Wilmington, Del.
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Shanti M. Katona
Polsinelli PC; Wilmington, Del.
Humayun Khalid
Cleary Gottlieb Steen & Hamilton LLP; New York
Norman N. Kinel
Squire Patton Boggs (US) LLP; New York
C. Kevin Kobbe
DLA Piper; Baltimore
Jeffrey A. Liesemer
Caplin & Drysdale, Chtd.; Washington, D.C.
Richard M. Meth
Roseland, N.J.
Brett H. Miller
Morrison & Foerster LLP; New York
Joseph G. Minias
Willkie Farr & Gallagher LLP; New York
Erika L. Morabito
Foley & Lardner LLP; Washington, D.C.
Paul M. Nussbaum
Whiteford Taylor Preston, LLP; Baltimore
Kevyn D. Orr
Jones Day; Washington, D.C.
Deryck A. Palmer
Pillsbury Winthrop Shaw Pittman LLP; New York
Jeffrey S. Sabin
Venable LLP; New York
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Jeffrey L. Tarkenton
Womble Bond Dickinson LLP; Washington, D.C.
Irving E. Walker
Cole Schotz P.C.; Baltimore
Donald A. Workman
BakerHostetler; Washington, D.C.
2018 Registration Rates
Registration Rates* Early Bird
(by 7/27/18)Regular
(7/28/18-8/31/18)Late
(after 8/31/18)ABI Member$545$595$645Georgetown Law Alumnus$545$595$645ABI Govt./Academic Member$295$345$395Join ABI and Save*$840$890$940Govt./Academic New ABI Member*$390$440$490* Includes a one-year ABI membership for first-time members — a $325 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership renewal fee.
Breakfast Sponsor
Luncheon Sponsor
Refreshment Break Sponsor
E-Newsletter Sponsor
General Sponsors
Special Thanks
We extend our special thanks to Gavin/Solmonese LLC for the conference e-newsletter, Sherwood Partners, Inc./agencyIP for sponsoring the Exhibit Hall, Wilmington Trust for the conference tote bags.
Event Information 264938
Tuesday, November 6
8:00-8:45 a.m.
Breakfast & Registration
8:45-9:00 a.m.
Welcome
9:00-10:00 a.m.
The Role of Valuation in Chapter 11
This session provides an introduction to valuation in corporate restructurings through an interactive discussion of recent cases and key areas of focus.
Joshua Abramson
PJT Partners Inc.; New York
Michelle M. McGreal
Davis Polk & Wardwell LLP; New York
Oscar N. Pinkas
Dentons US LLP; New York
Aparna Yenamandra
Kirkland & Ellis LLP; New York
10:00-10:15 a.m.
Break
10:15-11:30 a.m.
How to Win the “Battle of the Experts”
Have you ever selected, prepared or questioned a witness? Have you ever testified yourself? If you are looking to find out how to avoid common pitfalls that can occur and learn some best practices, this panel is for you. The panelists will discuss how to prepare an expert witness to get the best testimony and will provide a mock simulation to demonstrate the do’s and don’ts of testifying.
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Blake T. Denton
Latham & Watkins LLP; New York
Brian P. Morgan
Drinker Biddle & Reath LLP; New York
Blanche D. Zelmanovich
Ernst & Young LLP; New York
11:30-12:30 p.m.
The Ins and Outs of Plan Solicitation
This panel will cover the nuts and bolts of plan solicitation and its continually evolving landscape due to the shift toward RSAs, prepackaged and pre-arranged plans. The panelists will discuss certain unique case studies and best practices.
Jessica C. Knowles Boelter
Sidley Austin LLP; New York
Matthew P. Goren
Weil, Gotshal & Manges LLP; New York
Christina Pullo
Prime Clerk; New York
Anupama Yerramalli
Kramer Levin Naftalis & Frankel LLP; New York
12:30-1:45 p.m.
Luncheon
12:45-1:45 p.m.
Luncheon Keynote Presentation: Corporate Homie
The Corporate Homie Brand is hammering away and making major strides to show you how to step up your “A-Game” and develop your mantra of “PERFORMANCE with PURPOSE” through attainable coaching that will enhance your leadership abilities, team-building skills, administrative development and quality of life outside the office. Corporate Homie has the necessary business analysis, strategic thinking, visionary leadership and interpersonal skills that will yield the results you have been searching for to gain the traction that is essential in the corporate world. Twins Demetra Liggins and Bemetra Simmons are intuitive, trustworthy, creative, inspiring and motivating team players who are ready to chat it up with people who understand what it means to put vision into action — from activating everyday life skills to executing corporate decisions.
Demetra Liggins
Corporate Homie; Houston
Bemetra Simmons
Corporate Homie; Tampa, Fla.
1:45-3:00 p.m.
Adventures of a Retail Bankruptcy
This panel will discuss the ongoing downturn in the retail industry and the unique issues facing distressed retailers during the time period leading up to bankruptcy, as well as preparation for and during a bankruptcy case, including asset sales, liquidations and landlord-related items.
Van C. Durrer II
Skadden, Arps, Slate, Meagher & Flom LLP; Los Angeles
Gianfranco Finizio
Kilpatrick Townsend & Stockton LLP; New York
Surbhi Gupta
Houlihan Lokey; New York
Brian J. Lohan
Arnold & Porter Kaye Scholer LLP; Chicago
David MacGreevey
AlixPartners; New York
3:00-4:15 p.m.
Practice Tips from the Bench
Navigating courtrooms can be tricky. A panel of experienced judges will provide attendees with helpful tips to demonstrate competence in the courtroom, then will discuss how to put these practice tips into action in a hypothetical trademark-rejection case.
Christine A. Okike, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.); New York
4:15-4:30 p.m.
Refreshment Break
4:30-5:30 p.m.
The Next Restructuring Wave
As market-watchers predict that the last 10 years of expansion are coming to an end, what can restructuring professionals do to prepare for the “next wave” of restructurings? This panel of lawyers, bankers and financial advisors will outline current market conditions and indicators of distress, and will explore specific industries likely to be the hardest hit by the next wave.
David Dunn
Cross Sound Management LLC; New York
Ryan Maupin
Grant Thornton LLP; New York
Elizabeth R. McColm
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Landon S. Raiford
Jenner & Block; Chicago
5:30-7:00 p.m.
Networking Reception
The Green at WellPlated
Conference Information
Location
The conference will be held at the Skadden, Arps, Slate, Meagher & Flom LLP offices at 4 Times Square, New York, NY 10036.
Continuing Education Credit
6.75 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 8 hours of general CLE credit 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 in the amount of 6.75 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 8 credit hours. 8 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. 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 more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 October 16, 2018. No refunds will be granted after October 16, but substitutions will be allowed. After October 16, 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.
Platinum Sponsors
AlixPartners
Skadden, Arps, Slate, Meagher & FlomGold Sponsor
Prime Clerk
Silver Sponsors
Kramer Levin Naftalis & Frankel LLP
Saul Ewing Arnstein & Lehr LLPBronze Sponsors
Davis Polk & Wardwell LLP
Gavin/Solmonese LLC
Grant Thornton LLP
Jenner & Block LLP
Wilmington TrustRates
Registration Rates Early Bird
(by 9/14/18)Regular
(after 9/14/18)ABI Member$295$345Govt./Nonprofit/Aca. ABI Member$245$295Join and Save*$590$640New Govt./Nonprofit/Aca. ABI Member*$340$390*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.
Chair
Christine A. Okike
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Advisory Board
Jennifer B. Kimble
Lowenstein Sandler LLP; New York
Brian J. Lohan
Arnold & Porter Kaye Scholer LLP; Chicago
Ryan A. Maupin
Grant Thornton LLP; New York
Kathryn B. McGlynn
AlixPartners; New York
Oscar N. Pinkas
Dentons US LLP; New York
Melissa M. Root
Jenner & Block; Chicago
Joshua A. Sussberg
Kirkland & Ellis LLP; New York
Anupama Yerramalli
Kramer Levin Naftalis & Frankel LLP; New York
Blanche D. Zelmanovich
Ernst & Young LLP; New York
Event Information 265570
Thursday, October 11
11:00 a.m.-5:30 p.m.
Registration
11:45 a.m.-12:00 noon
Welcome
12:00-1:00 p.m.
Frank W. Koger Memorial Luncheon and Lecture
Business Dynamics and Economic Growth
This panel will explore the myths and data behind the reasons why companies fail or succeed. The panelists will also discuss business creation and closure trends in the U.S., as well as the entrepreneurial ecosystem in terms of supporting firm growth and "recycling" firm failures, using examples from Silicon Valley, Kansas City, Boulder, Colo., and around the world.
Dane Stangler
Startup Genome; Kansas City, Mo.
1:00-1:10 p.m.
Refreshment Break
1:10-3:10 p.m.
Plenary Session
Ethics
When we look at sanctions opinions, we often don’t recognize the underlying social science causes of certain decisions — even the decisions of smart, well-educated people. This session will provide a primer on why smart people often make bad choices and will discuss certain sanctions opinions to put that social science view into context.
Adam Miller
Office of the U.S. Trustee; Kansas City, Mo.
Nancy Rapoport
William S. Boyd School of Law, University of Nevada, Las Vegas; Las Vegas
3:10-3:25 p.m.
Refreshment Break
3:25-4:25 p.m.
Concurrent Breakouts (2)
Consumer Track: Reverse Mortgages: HECM or HICUP?
A reverse mortgage can begin as a Home Equity Conversion Mortgage but for some it becomes a nightmare by Home Invalidation Causing Undeniable Pain. Learn what a Reverse Mortgage is, how one qualifies for the loan, and the traps that may lie ahead if your client files bankruptcy.
Rachel Foley, Moderator
Foley Law, P.C.; Independence, Mo.
James M. Bicknell
Community First National Bank; Overland Park, Kan.
Toby English
Community First National Bank; Overland Park, Kan.
Ronald Farmer
Ches, Inc.; Kansas City, Mo.
Business Track: Restaurants and Retail and Real Estate — Oh My!
The panelists will discuss the current state of affairs of the retail and restaurant industries as they continue to contract, and what that means for real estate values. Topics will include whether you must file bankruptcy to restructure multiple leases, franchisee issues with franchisors in closing locations, the alternate use of vacated real estate locations, and much more.
Navin Nagrani, Moderator
Hilco Global; Northbrook, Ill.
David Pollack
Ballard Spahr LLP; Philadelphia
Hon. Kathy A. Surratt-States
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Mark Welch
MorrisAnderson; Pittsburgh
4:25-5:25 p.m.
Concurrent Breakouts (2)
Consumer Track: Threats to and Opportunities for Consumer Practice
This session features a discussion of changes to bankruptcy law that are affecting and will continue to affect the day-to-day practice of consumer bankruptcy attorneys — and how you can ensure that your business survives in this challenging landscape.
Michelle Masoner, Moderator
Bryan Cave Leighton Paisner LLP; Kansas City, Mo.
Jill Olsen
The Olsen Law Firm, LLC; Liberty, Mo.
Brian Shaw
Fox Rothschild LLP; Chicago
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
Business Track: Anatomy of a Farm Insolvency
This session will examine the ins and outs of a farming insolvency by discussing the current farm economy and the items and practices that are unique to this specific industry, as well as chapter 12 and potential pitfalls for the unwary.
Brent King
GlassRatner Advisory & Capital Group; Lenexa, Kan.
Hon. Dale Somers
U.S. Bankruptcy Court (D. Kan.); Topeka, Kan.
Donald L. Swanson
Koley Jessen; Omaha, Neb.
Laura Hughes
Rabo Ag Finance; St. Louis
5:30-7:00 p.m.
Opening Networking Reception
Friday, October 12
7:30-8:00 a.m.
Registration and Continental Breakfast
Sponsored by MorrisAnderson
8:00-8:15 a.m.
Welcome and Second-Day Announcements
8:15-9:30 a.m.
Plenary Session
Bankruptcy Law Is Confusing, Even for Nerds: A Caselaw Update
Bill Rochelle, ABI's editor-at-large, analyzes the most important decisions in the last year affecting both consumer and reorganization law. He’ll cover issues where the courts are split and questions that the U.S. Supreme Court should be answering in the next few years.
William J. Rochelle
American Bankruptcy Institute; New York
9:30-9:45 a.m.
Refreshment Break
9:45-11:00 a.m.
Plenary Session
“ABI Talks”
The speakers will each present short “TED Talk”-styled topics on a variety of timely and emerging issues germane to bankruptcy practitioners, including Bitcoin and cryptocurrency, immigration, student loans, mediation, seat licenses and litigation funding.
N. Larry Bork
Goodell Stratton Edmonds & Palmer LLP; Topeka, Kan.
Hon. Brian T. Fenimore
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Trey Monsour
Polsinelli; Houston
Mira Mdivani
Mdivani Corporate Immigration Law Firm; Overland Park, Kan.
Braden Perry
Kennyhertz Perry LLC; Kansas City, Mo.
11:00 a.m.-12:00 noon
Concurrent Breakouts (2)
Consumer Track: Trustees Administering Unusual Assets
This program will focus its discussion on the administration by trustees of unusual assets, including tort and class action claims, intellectual property, alcohol, firearms and drugs. The panelists will also delve into the process of abandonment of assets by trustees.
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Deborah L. Petersen
Petersen Law PLLC; Council Bluffs, Iowa
Bruce E. Strauss
Merrick, Baker & Strauss, PC; Kansas City, Mo.
Nicholas J. Zluticky
Stinson Leonard Street LLP; Kansas City, Mo.
Business Track: Show Me the Money: Procedural and Practical Considerations Regarding the Use of Cash Collateral and DIP Financing
Cash collateral and DIP financing can be the lifeblood of a chapter 11 case. This presentation will be a primer on obtaining the use of cash collateral and debtor-in-possession financing in a chapter 11 case. The panelists will explore both the procedural requirements and practical aspects in obtaining this relief, including common missteps and the dynamics between the various constituencies and the bench.
Eric Johnson, Moderator
Spencer Fane LLP; Kansas City, Mo.
Hon. Katherine A. Constantine
U.S. Bankruptcy Court (D. Minn.); St. Paul, Minn.
Devon J. Eggert
Freeborn & Peters LLP; Chicago
12:00-1:15 p.m.
Networking Lunch
Michael R. Roser Excellence in Bankruptcy Award Ceremony
1:15-2:15 p.m.
Plenary Session
Impact of the Tax Reform Bill
The only constant in the tax world is change, and the New Tax Act brings many changes that will likely affect individuals and businesses through 2025. The panel members will discuss the major changes to the U.S. Tax Code that impact American taxpayers, and where those tax law changes may intersect with individuals and businesses considering bankruptcy protection.
Paul D. Sinclair, Moderator
Sandberg Phoenix & Von Gonard P.C.; Kansas City, Mo.
Hon. Robert D. Berger
U.S. Bankruptcy Court (D. Kan.); Kansas City, Kan.
Susan A. Berson
Berson Law Group LLP; Overland Park, Kan.
Julie A. Welch
Meara Welch Browne, P.C.; Leawood, Kan.
2:15-2:30 p.m.
Refreshment Break
2:30-4:00 p.m.
Plenary Session
Bankruptcy Law Round-Up
This session will feature a “speed-dating-style” roundtable discussion of current bankruptcy and practical skills issues with regional judges, trustees and other presenters. Attendees will change tables every 15-20 minutes, selecting from a variety of topics/cases/issues.
Hon. Robert D. Berger
U.S. Bankruptcy Court (D. Kan.); Kansas City, Kan.
Prof. Andrea Boyack
Washburn University; Topeka, Kan.
Hon. Katherine A. Constantine
U.S. Bankruptcy Court (D. Minn.); St. Paul, Minn.
Crystanna Cox
First American Title Insurance Company; Overland Park, Kan.
Diana Spuhl Daugherty
Office of Standing Chapter 13 Trustee EDMo; St. Louis
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Hon. Brian T. Fenimore
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Richard V. Fink
Office of the Chapter 13 Trustee; Kansas City, Mo.
Hon. Teresa J. James, Magistrate Judge
U.S. District Court (D. Kan.); Kansas City
Kathleen A. Laughlin
Chapter 13 Trustee District of Nebraska; Omaha, Neb.
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Paul A. Randolph
Office of the U.S. Trustee; St. Louis
Hon. Charles E. Rendlen
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Mindy Smith
United States Bankruptcy Court (W.D.Mo.); Kansas City, Mo.
James Snyder
Office of the U.S. Trustee; Des Moines, Iowa
Hon. Dale Somers
U.S. Bankruptcy Court (D. Kan.); Topeka, Kan.
Hon. Kathy A. Surratt-States
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
4:00 p.m.
Adjourn
Chairs
Hon. Dennis R. Dow, Judicial Chair
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
John J. Cruciani, Co-Chair
Husch Blackwell LLP; Kansas City, Mo.
Jill D. Olsen, Co-Chair
The Olsen Law Firm, LLC; Liberty, Mo.
Advisory Board
Mark T. Benedict
Husch Blackwell LLP; Kansas City, Mo.
Mark V. Bossi
Thompson Coburn LLP; St. Louis
Andrea Chase
Spencer Fane LLP; Kansas City, Mo.
John T. Coghlan
Kutak Rock LLP; Kansas City, Mo.
Daniel F. Dooley
MorrisAnderson; Chicago
Hon. Brian T. Fenimore
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Rachel L. Foley
Foley Law, P.C.; Independence, Mo.
W. Thomas Gilman
Hinkle Law Firm LLC; Wichita, Kan.
David L. Going
Armstrong Teasdale LLP; St. Louis
Jeana L. Goosmann
Goosmann Law Firm; Sioux City, Iowa
Brian M. Holland
Lathrop Gage LLP; Kansas City, Mo.
Laura Uberti Hughes
Rabo AgriFinance; St. Louis
Eric L. Johnson
Spencer Fane LLP; Kansas City, Mo.
Michelle M. Masoner
Bryan Cave Leighton Paisner LLP; Kansas City, Mo.
Mark Moedritzer
Shook, Hardy & Bacon L.L.P.; Kansas City, Mo.
Andrew W. Muller
Stinson Leonard Street LLP; Kansas City, Mo.
Andrew J. Nazar
Polsinelli PC; Kansas City, Mo.
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Gary A. Norton
Farm Credit Services of America; Omaha, Neb.
Paul D. Sinclair
Sandberg Phoenix & Von Gonard P.C.; Kansas City, Mo.
Wesley F. Smith
Stevens & Brand LLP; Lawrence, Kan.
Bruce E. Strauss
Merrick, Baker & Strauss, PC; Kansas City, Mo.
Sherri L. Wattenbarger
Office of the U.S. Trustee; Kansas City, Mo.
Victor F. Weber
Merrick, Baker & Strauss, P.C.; Kansas City, Mo.
Ronald S. Weiss
Berman DeLeve Kuchan & Chapman, LLC; Kansas City, Mo.
Abigail B. Willie
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
T. Randall Wright
Baird Holm LLP; Omaha, Neb.
Conference Information
Location/Hotel Accommodations
The Institute will be held at the Kansas City Marriott Downtown, located at 200 West 12th Street, Kansas City, MO 64105. ABI has arranged a special conference rate of $189 per night. Make your reservations by September 19, 2018, to secure this special rate. ABI cannot guarantee anyone a room after the September 19 cut-off date or after the specially rated ABI block has been filled. You will receive a special room reservation link after you have registered with ABI. The hotel will sell out. Please make your reservations accordingly.
Ground/Air Transportation
Air: The Kansas City Marriott Downtown is approximately 20 miles from Kansas City International Airport (MCI).
Ground: Courtesy phones for taxi service are located both inside and outside the terminal at each bag claim area and at other strategic locations outside the terminal exits. Make sure that you give the dispatcher your exact location. If calling from a personal phone, call (816) 243-2345.
Local Information
For information about Kansas City restaurants, shopping, attractions, etc., go to the Visit Kansas City website at www.visitkc.com.
Continuing Education
This program is approved for 12.4 hours of CLE credit in Missouri, including 3.6 hours of ethics and professionalism. Kansas credit is pending. 12 hours of general CLE credit, including 1 hour of ethics, are pending in 50-minute-hour states, and 10 hours of general CLE credit, including 1 hour of ethics, are pending in states calculating CLE on a 60-minute hour. 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 10 hours, of which 1 hour 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 12 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 1 hour 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. 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. 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. 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 more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 20, 2018. No refunds will be granted after September 20, but substitutions will be allowed. After September 20, 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.
Premium Sponsors
MorrisAnderson
Polsinelli PC
Stinson Leonard Street LLP
Wilmington TrustPatron Sponsors
Gavin/Solmonese LLC
Husch Blackwell LLP
Lathrop Gage LLP
Shook, Hardy & Bacon L.L.P.
Spencer Fane LLPSupporting Sponsors
BMC Group
GlassRatner Advisory & Capital Group LLCConference Rates
Registration Rates Early
(postmarked by 8/24/18)Regular
(8/25/18- 9/21/18)Late
(after 9/21/18)Business Track: ABI Member$335$410$455Business Track: Join and Save*$630$705$750Consumer Track: ABI Member$265$290$325Consumer Track: Join and Save*$560$585$620* 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.
Exhibitor Rates
ABI Member Exhibitor Registration**$1,000New ABI Member Exhibitor Registration***$1,295Additional Booth Representative$500** 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 (a $325 value).
Event Information 265632
Thursday, October 11
11:00 a.m.-5:30 p.m.
Registration
11:45 a.m.-12:00 noon
Welcome
12:00-1:00 p.m.
Frank W. Koger Memorial Luncheon and Lecture
Business Dynamics and Economic Growth
This panel will explore the myths and data behind the reasons why companies fail or succeed. The panelists will also discuss business creation and closure trends in the U.S., as well as the entrepreneurial ecosystem in terms of supporting firm growth and "recycling" firm failures, using examples from Silicon Valley, Kansas City, Boulder, Colo., and around the world.
Dane Stangler
Startup Genome; Kansas City, Mo.
1:00-1:10 p.m.
Refreshment Break
1:10-3:10 p.m.
Plenary Session
Ethics
When we look at sanctions opinions, we often don’t recognize the underlying social science causes of certain decisions — even the decisions of smart, well-educated people. This session will provide a primer on why smart people often make bad choices and will discuss certain sanctions opinions to put that social science view into context.
Adam Miller
Office of the U.S. Trustee; Kansas City, Mo.
Nancy Rapoport
William S. Boyd School of Law, University of Nevada, Las Vegas; Las Vegas
3:10-3:25 p.m.
Refreshment Break
3:25-4:25 p.m.
Concurrent Breakouts (2)
Consumer Track: Reverse Mortgages: HECM or HICUP?
A reverse mortgage can begin as a Home Equity Conversion Mortgage but for some it becomes a nightmare by Home Invalidation Causing Undeniable Pain. Learn what a Reverse Mortgage is, how one qualifies for the loan, and the traps that may lie ahead if your client files bankruptcy.
Rachel Foley, Moderator
Foley Law, P.C.; Independence, Mo.
James M. Bicknell
Community First National Bank; Overland Park, Kan.
Toby English
Community First National Bank; Overland Park, Kan.
Ronald Farmer
Ches, Inc.; Kansas City, Mo.
Business Track: Restaurants and Retail and Real Estate — Oh My!
The panelists will discuss the current state of affairs of the retail and restaurant industries as they continue to contract, and what that means for real estate values. Topics will include whether you must file bankruptcy to restructure multiple leases, franchisee issues with franchisors in closing locations, the alternate use of vacated real estate locations, and much more.
Navin Nagrani, Moderator
Hilco Global; Northbrook, Ill.
David Pollack
Ballard Spahr LLP; Philadelphia
Hon. Kathy A. Surratt-States
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Mark Welch
MorrisAnderson; Pittsburgh
4:25-5:25 p.m.
Concurrent Breakouts (2)
Consumer Track: Threats to and Opportunities for Consumer Practice
This session features a discussion of changes to bankruptcy law that are affecting and will continue to affect the day-to-day practice of consumer bankruptcy attorneys — and how you can ensure that your business survives in this challenging landscape.
Michelle Masoner, Moderator
Bryan Cave Leighton Paisner LLP; Kansas City, Mo.
Jill Olsen
The Olsen Law Firm, LLC; Liberty, Mo.
Brian Shaw
Fox Rothschild LLP; Chicago
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
Business Track: Anatomy of a Farm Insolvency
This session will examine the ins and outs of a farming insolvency by discussing the current farm economy and the items and practices that are unique to this specific industry, as well as chapter 12 and potential pitfalls for the unwary.
Brent King
GlassRatner Advisory & Capital Group; Lenexa, Kan.
Hon. Dale Somers
U.S. Bankruptcy Court (D. Kan.); Topeka, Kan.
Donald L. Swanson
Koley Jessen; Omaha, Neb.
Laura Hughes
Rabo Ag Finance; St. Louis
5:30-7:00 p.m.
Opening Networking Reception
Friday, October 12
7:30-8:00 a.m.
Registration and Continental Breakfast
Sponsored by MorrisAnderson
8:00-8:15 a.m.
Welcome and Second-Day Announcements
8:15-9:30 a.m.
Plenary Session
Bankruptcy Law Is Confusing, Even for Nerds: A Caselaw Update
Bill Rochelle, ABI's editor-at-large, analyzes the most important decisions in the last year affecting both consumer and reorganization law. He’ll cover issues where the courts are split and questions that the U.S. Supreme Court should be answering in the next few years.
William J. Rochelle
American Bankruptcy Institute; New York
9:30-9:45 a.m.
Refreshment Break
9:45-11:00 a.m.
Plenary Session
“ABI Talks”
The speakers will each present short “TED Talk”-styled topics on a variety of timely and emerging issues germane to bankruptcy practitioners, including Bitcoin and cryptocurrency, immigration, student loans, mediation, seat licenses and litigation funding.
N. Larry Bork
Goodell Stratton Edmonds & Palmer LLP; Topeka, Kan.
Hon. Brian T. Fenimore
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Trey Monsour
Polsinelli; Houston
Mira Mdivani
Mdivani Corporate Immigration Law Firm; Overland Park, Kan.
Braden Perry
Kennyhertz Perry LLC; Kansas City, Mo.
11:00 a.m.-12:00 noon
Concurrent Breakouts (2)
Consumer Track: Trustees Administering Unusual Assets
This program will focus its discussion on the administration by trustees of unusual assets, including tort and class action claims, intellectual property, alcohol, firearms and drugs. The panelists will also delve into the process of abandonment of assets by trustees.
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Deborah L. Petersen
Petersen Law PLLC; Council Bluffs, Iowa
Bruce E. Strauss
Merrick, Baker & Strauss, PC; Kansas City, Mo.
Nicholas J. Zluticky
Stinson Leonard Street LLP; Kansas City, Mo.
Business Track: Show Me the Money: Procedural and Practical Considerations Regarding the Use of Cash Collateral and DIP Financing
Cash collateral and DIP financing can be the lifeblood of a chapter 11 case. This presentation will be a primer on obtaining the use of cash collateral and debtor-in-possession financing in a chapter 11 case. The panelists will explore both the procedural requirements and practical aspects in obtaining this relief, including common missteps and the dynamics between the various constituencies and the bench.
Eric L. Johnson, Moderator
Spencer Fane LLP; Kansas City, Mo.
Hon. Katherine A. Constantine
U.S. Bankruptcy Court (D. Minn.); St. Paul, Minn.
Devon J. Eggert
Freeborn & Peters LLP; Chicago
12:00-1:15 p.m.
Networking Lunch
Michael R. Roser Excellence in Bankruptcy Award Ceremony
1:15-2:15 p.m.
Plenary Session
Impact of the Tax Reform Bill
The only constant in the tax world is change, and the New Tax Act brings many changes that will likely affect individuals and businesses through 2025. The panel members will discuss the major changes to the U.S. Tax Code that impact American taxpayers, and where those tax law changes may intersect with individuals and businesses considering bankruptcy protection.
Paul D. Sinclair, Moderator
Sandberg Phoenix & Von Gonard P.C.; Kansas City, Mo.
Hon. Robert D. Berger
U.S. Bankruptcy Court (D. Kan.); Kansas City, Kan.
Susan A. Berson
Berson Law Group LLP; Overland Park, Kan.
Julie Welsh
2:15-2:30 p.m.
Refreshment Break
2:30-4:00 p.m.
Plenary Session
Bankruptcy Law Round-Up
This session will feature a “speed-dating-style” roundtable discussion of current bankruptcy and practical skills issues with regional judges, trustees and other presenters. Attendees will change tables every 15-20 minutes, selecting from a variety of topics/cases/issues.
Hon. Robert D. Berger
U.S. Bankruptcy Court (D. Kan.); Kansas City, Kan.
Prof. Andrea Boyack
Washburn University; Topeka, Kan.
Hon. Katherine A. Constantine
U.S. Bankruptcy Court (D. Minn.); St. Paul, Minn.
Crystanna Cox
First American Title Insurance Company; Overland Park, Kan.
Diana Spuhl Daugherty
Office of Standing Chapter 13 Trustee EDMo; St. Louis
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Hon. Brian T. Fenimore
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Richard V. Fink
Office of the Chapter 13 Trustee; Kansas City, Mo.
Hon. Teresa J. James, Magistrate Judge
U.S. District Court (D. Kan.); Kansas City
Kathleen A. Laughlin
Chapter 13 Trustee District of Nebraska; Omaha, Neb.
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Paul A. Randolph
Office of the U.S. Trustee; St. Louis
Hon. Charles E. Rendlen
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Mindy Smith
United States Bankruptcy Court (W.D.Mo.); Kansas City, Mo.
James Snyder
Office of the U.S. Trustee; Des Moines, Iowa
Hon. Dale Somers
U.S. Bankruptcy Court (D. Kan.); Topeka, Kan.
Hon. Kathy A. Surratt-States
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
4:00 p.m.
Adjourn
Chairs
Hon. Dennis R. Dow, Judicial Chair
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
John J. Cruciani, Co-Chair
Husch Blackwell LLP; Kansas City, Mo.
Jill D. Olsen, Co-Chair
The Olsen Law Firm, LLC; Liberty, Mo.
Advisory Board
Mark T. Benedict
Husch Blackwell LLP; Kansas City, Mo.
Mark V. Bossi
Thompson Coburn LLP; St. Louis
Andrea Chase
Spencer Fane LLP; Kansas City, Mo.
John T. Coghlan
Kutak Rock LLP; Kansas City, Mo.
Daniel F. Dooley
MorrisAnderson; Chicago
Hon. Brian T. Fenimore
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Rachel L. Foley
Foley Law, P.C.; Independence, Mo.
W. Thomas Gilman
Hinkle Law Firm LLC; Wichita, Kan.
David L. Going
Armstrong Teasdale LLP; St. Louis
Jeana L. Goosmann
Goosmann Law Firm; Sioux City, Iowa
Brian M. Holland
Lathrop Gage LLP; Kansas City, Mo.
Laura Uberti Hughes
Rabo AgriFinance; St. Louis
Eric L. Johnson
Spencer Fane LLP; Kansas City, Mo.
Michelle M. Masoner
Bryan Cave Leighton Paisner LLP; Kansas City, Mo.
Mark Moedritzer
Shook, Hardy & Bacon L.L.P.; Kansas City, Mo.
Andrew W. Muller
Stinson Leonard Street LLP; Kansas City, Mo.
Andrew J. Nazar
Polsinelli PC; Kansas City, Mo.
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Gary A. Norton
Farm Credit Services of America; Omaha, Neb.
Paul D. Sinclair
Sandberg Phoenix & Von Gonard P.C.; Kansas City, Mo.
Wesley F. Smith
Stevens & Brand LLP; Lawrence, Kan.
Bruce E. Strauss
Merrick, Baker & Strauss, PC; Kansas City, Mo.
Sherri L. Wattenbarger
Office of the U.S. Trustee; Kansas City, Mo.
Victor F. Weber
Merrick, Baker & Strauss, P.C.; Kansas City, Mo.
Ronald S. Weiss
Berman DeLeve Kuchan & Chapman, LLC; Kansas City, Mo.
Abigail B. Willie
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
T. Randall Wright
Baird Holm LLP; Omaha, Neb.
Conference Information
Location/Hotel Accommodations
The Institute will be held at the Kansas City Marriott Downtown, located at 200 West 12th Street, Kansas City, MO 64105. ABI has arranged a special conference rate of $189 per night. Make your reservations by September 19, 2018, to secure this special rate. ABI cannot guarantee anyone a room after the September 19 cut-off date or after the specially rated ABI block has been filled. You will receive a special room reservation link after you have registered with ABI. The hotel will sell out. Please make your reservations accordingly.
Ground/Air Transportation
Air: The Kansas City Marriott Downtown is approximately 20 miles from Kansas City International Airport (MCI).
Ground: Courtesy phones for taxi service are located both inside and outside the terminal at each bag claim area and at other strategic locations outside the terminal exits. Make sure that you give the dispatcher your exact location. If calling from a personal phone, call (816) 243-2345.
Local Information
For information about Kansas City restaurants, shopping, attractions, etc., go to the Visit Kansas City website at www.visitkc.com.
Continuing Education
This program is approved for 12.4 hours of CLE credit in Missouri, including 3.6 hours of ethics and professionalism. Kansas credit is pending. 12 hours of general CLE credit, including 1 hour of ethics, are pending in 50-minute-hour states, and 10 hours of general CLE credit, including 1 hour of ethics, are pending in states calculating CLE on a 60-minute hour. 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 10 hours, of which 1 hour 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 12 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 1 hour 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. 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. 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. 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 more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 20, 2018. No refunds will be granted after September 20, but substitutions will be allowed. After September 20, 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.
Premium Sponsors
MorrisAnderson
Polsinelli PC
Stinson Leonard Street LLP
Wilmington TrustPatron Sponsors
Gavin/Solmonese LLC
Husch Blackwell LLP
Lathrop Gage LLP
Shook, Hardy & Bacon L.L.P.
Spencer Fane LLPSupporting Sponsors
BMC Group
GlassRatner Advisory & Capital Group LLCConference Rates
Registration Rates Early Bird
(postmarked by 8/24/18)Regular
(8/25/18- 9/21/18)Late
(after 9/21/18)Business Track: ABI Member$335$410$455Business Track: Join and Save*$630$705$750Consumer Track: ABI Member$265$290$325Consumer Track: Join and Save*$560$585$620* 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.
Exhibitor Rates
ABI Member Exhibitor Registration**$1,000New ABI Member Exhibitor Registration***$1,295Additional Booth Representative$500** 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 (a $325 value).
Event Information 265704
Monday, November 12
7:30-8:30 a.m.
Continental Breakfast and Registration
8:30-8:45 a.m.
Veterans Day Tribute and Welcome
Chief Judge Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
8:45-10:15 a.m.
Opening Plenary Session
Race and Bankruptcy
The panelists will lead a discussion about the relationship between race and bankruptcy, including decisions on whether to file, under what chapter to file, and the impact of race on professionals and other actors in the bankruptcy system. This session will also address the research about biases and perceptions regarding race and bankruptcy and what can be done about them.
Chief Judge Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Richardo I. Kilpatrick
Kilpatrick & Associates, P.C.; Auburn Hills, Mich
Prof. Robert M. Lawless
University of Illinois College of Law; Champaign, Ill.
10:15-10:30 a.m.
Refreshment Break
10:30-11:45 a.m.
Concurrent Sessions (3)
Student Loans: An Overwhelming Problem in Need of Some Solutions
Repayment of student loans is a serious problem for many individuals. This session will focus on both nonbankruptcy and bankruptcy ways of dealing with student loans. What nonbankruptcy options exist to deal with student loans? What are income-based repayment programs, and do they work? What other nonbankruptcy creative strategies can be employed? What does it take to discharge a student loan under § 523(a)(8)? Is the Brunner test the only option? What other legal standards may apply? What are the options in chapter 13? Do student loan claims count for purposes of eligibility debt limits? Can student loans be separately classified and paid differently than other unsecured claims? Should a chapter 13 debtor file a § 523 complaint and, if so, when? What are some possible legislative solutions to student loan problems?
Hon. Mark A. Randon
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Melissa A. Caouette
Office of Standing Chapter 13 Trustee; Flint, Mich.
Paula A. Hall
Brooks Wilkins Sharkey & Turco PLLC ; Birmingham, Mich.
Caralyce M. Lassner
George E. Jacobs and Associates; Flint, Mich.
Understanding Financial Information for Small Businesses
When a client comes to you with a small business in trouble, do you fully understand the financial information they are sharing with you so that you can properly advise them? This session will discuss how to read and understand that financial information, covering such issues as the difference between a financial statement and a balance sheet, the difference between a financial statement that is audited and one that is reviewed or compiled by management, profit-and-loss statements and how does they differ from cash-flow statement, and the levels and types of financial information your client needs to assemble, and you need to understand, for your client to be successful in reorganizing.
Hon. Marci B. McIvor
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Ethan D. Dunn
Maxwell Dunn, PLC; Southfield, Mich.
Kim K. Hillary
Schafer & Weiner PLLC; Bloomfield Hills, Mich.
Barry P. Lefkowitz
BL Consultants; Birmingham, Mich.
Appealing Bankruptcy Decisions
This session will consider what an attorney can do after receiving an adverse decision from the bankruptcy court, including strategic considerations, as well as the nuts-and-bolts procedures in deciding whether to appeal and in prosecuting an appeal. What decisions are appealable as final orders? What decisions require permission to appeal on an interlocutory basis? What are the applicable Federal Rules of Bankruptcy Procedure governing appeals, and what requirements do they impose? What is the standard of review for an appeal of an incorrect legal decision? What is the standard of review for an appeal of an incorrect factual finding? How and when can you obtain a stay of an adverse ruling pending the appeal? How do doctrines of jurisdiction, standing, mootness and ripeness apply to an appeal? What types of issues most frequently get appealed, and what rates of success are there?
Hon. Daniel S. Opperman
U.S. Bankruptcy Court (E.D. Mich.); Bay City
Elizabeth M. Abood-Carroll
Orlans PC; Troy, Mich.
Brian A. Rookard
Gudeman & Associates, PC; Royal Oak, Mich.
11:45 a.m.-12:45 p.m.
Networking Luncheon
12:50-2:00 p.m.
Concurrent Sessions (3)
Credit Reporting and Bankruptcy
A frequently asked question by an individual considering bankruptcy is, “What will it mean on my credit report?” This session is designed to help answer that question and other questions regarding credit reporting. What is a credit report? Who provides the information, and what gets reported? What are the range of scores, and what do they mean? How does chapter 7 impact an individual’s credit score going forward? How does chapter 13 impact it? What can an individual do if something untrue is reported? What can you do as the individual’s attorney to help out? What are a creditor’s responsibilities? Does it make any difference if some debts are reaffirmed? What is the effect of not reaffirming a mortgage or automobile purchase? How long does information stay reported? How does a bankruptcy by one spouse affect the credit of the nonfiling spouse?
Hon. Maria L. Oxholm
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Ian B. Lyngklip
Lyngklip & Associates Consumer Law Center, PLC; Southfield, Mich.
Chadd O’Brien
ELGA Credit Union; Burton, Mich.
Amy Parten
GreenPath Financial Wellness; Farmington Hills, Mich.
East Meets West: Understanding Differences in Local Practice
The Constitution authorizes Congress to enact uniform bankruptcy laws, but attorneys know that many times the handling of consumer bankruptcy cases can seem just like real estate: location, location, location! This session will compare local consumer bankruptcy rules and procedures in the Eastern District of Michigan with those of the Western District of Michigan. It will cover the things that consumer bankruptcy attorneys who practice on both sides of the state need to know about the differences in the specific procedures of each of those courts regarding the preparation and filing of motions, conducting evidentiary hearings, chapter 13 plans and confirmation hearings, § 341 meetings, reaffirmation agreements, use of special-appearance attorneys, ethical implications of running a multidistrict practice, management of adversary proceedings, and the scheduling and handling of small chapter 11 cases.
Hon. John T. Gregg
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Barbara P. Foley
Office of Standing Chapter 13 Trustee; Kalamazoo, Mich.
Michael P. Hogan
Schneiderman & Sherman P.C.; Farmington Hills, Mich.
Michelle L. Marrs
Marrs & Terry, PLLC; Ann Arbor, Mich.
Prosecuting and Defending § 523 Adversary Proceedings
This session will discuss both prosecuting and defending § 523 exceptions to discharge adversary proceedings. Rather than cover the substantive law governing what is dischargeable, this session will concentrate on strategies for prosecuting and defending these adversary proceedings, including what must be pled to state a claim for relief, strategies for filing motions to dismiss and motions for summary judgment, understanding when collateral estoppel or res judicata from prior litigation has an effect, strategies regarding settlement and mediation, advising clients on options for settlement vs. litigation, and discovery issues and trial strategies.
Hon. Thomas J. Tucker
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Kimberly R. Clayson
Clayson, Schneider & Miller, PC; Detroit
Anthony J. Kochis
Wolfson Bolton PLLC; Troy, Mich.
Wendy Turner Lewis
Chapter 7 Trustee (E.D. Mich.); Detroit
2:00-2:10 p.m.
Break
2:10-3:20 p.m.
Concurrent Sessions (3)
Marijuana and Bankruptcy
With the legalization of marijuana in many states, there are now large numbers of individuals and businesses that derive their income from growing and selling marijuana and from other business activities related to marijuana. This session addresses the issues that emerge when individuals and businesses in this industry encounter financial problems. What are the sources of governing law (state/federal)? Is bankruptcy an option? How are marijuana-related income and assets treated? What are a bankruptcy trustee’s rights and responsibilities in dealing with a marijuana-related business? What ethical issues arise for attorneys representing individuals and entities in this industry? How does the U.S. Trustee’s Office address these issues in light of the conflict between federal law and some states’ laws? What is the direction of the developing body of bankruptcy case law regarding this industry?
Chief Judge Scott W. Dales
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
A. Todd Almassian
Keller & Almassian, PLC; Grand Rapids, Mich.
Hon. Keith M. Lundin (ret.)
Bankruptcy Workshop; Pittsburgh
Samuel D. Sweet
Samuel D. Sweet PLC; Ortonville, Mich.
Nonbankruptcy Alternatives for Dealing with Consumer Debt
Are there nonbankruptcy alternatives that might better suit your client to deal with their financial difficulties apart from bankruptcy? This session will discuss the possible alternatives and their pros and cons, such as the effectiveness of negotiating with creditors individually, offers in compromise in dealing with the IRS and other governmental units, trial loan modifications and permanent loan modifications on mortgages, tax ramifications if a creditor agrees to discharge the debtor from liability, information that must be disclosed when negotiating a compromise with creditors outside of a judicial proceeding, and how debtors’ attorneys get paid for providing nonbankruptcy alternatives for debtors dealing with their creditors.
Chief Judge Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Alane A. Becket
Becket & Lee LLP; Malvern, Pa.
Erika D. Hart
The Taunt Law Firm; Birmingham, Mich.
Garik Osipyants
Thav Gross PC; Bingham Farms, Mich.
Michael S. Szuba
Szuba & Associates PLLC; Plymouth, MI
Nobody Understands Me: How the Hybrid Role of a Chapter 13 Trustee Affects Debtors and Creditors
Chapter 13 trustees are unique. Unlike chapter 7 trustees, they do not take possession of a debtor’s assets. Yet the Bankruptcy Code imposes some responsibilities on them with respect to property of the estate. It also imposes responsibilities on them to assist a debtor. This session will focus on understanding the hybrid nature of the trustee’s role in chapter 13 cases, and how it impacts issues and strategies for debtors and creditors in chapter 13. Can a chapter 13 trustee sell property under § 363? Can a chapter 13 trustee recover preferences under § 547 or fraudulent conveyances under § 548? What are the trustee’s duties regarding the continuing prosecution of litigation brought by a debtor pre-bankruptcy to recover from a third party? What are the chapter 13 trustee’s duties regarding filing proofs of claim on behalf of creditors? What must a chapter 13 trustee do to assist a debtor?
Hon. John P. Gustafson
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Carl L. Bekofske
Office of Standing Chapter 13 Trustee; Flint, Mich.
David Wm. Ruskin
Office of the Standing Chapter 13 Trustee; Southfield, Mich.
Charles J. Schneider
Charles J. Schneider, PC; Livonia, Mich.
3:20-3:35 p.m.
Refreshment Break
3:35-5:15 p.m.
Closing Plenary Session
Annual Case Law Update
The most popular session each year, this annual favorite will cover all recent bankruptcy law decisions and current consumer bankruptcy law issues. This session is a must-attend for professionals to stay current on consumer bankruptcy law issues.
Hon. James W. Boyd
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Thomas D. DeCarlo
Office of the Chapter 13 Trustee; Detroit
Laura J. Genovich
Foster Swift Collins & Smith PC; Grand Rapids, Mich.
5:15-6:15 p.m.
Networking Reception
Judicial Chairs
Chief Judge Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Hon. Mark A. Randon, Co-Chair
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Conference Chair
Michael P. Hogan
Schneiderman & Sherman, P.C.; Farmington Hills, Mich.
Planning Committee
Melissa A. Caouette
Office of the Chapter 13 Trustee; Flint, Mich.
Kimberly R. Clayson
Clayson, Schneider & Miller, PC; Detroit
Thomas D. DeCarlo
Office of the Chapter 13 Trustee; Detroit
Rozanne M. Giunta
Warner Norcross + Judd LLP; Midland, Mich.
Maria Gotsis
Office of Krispen S. Carroll, Chapter 13 Trustee; Detroit
Erika D. Hart
Taunt Law Firm; Birmingham, Mich.
Caralyce M. Lassner
Bankruptcy Law Office; Flint, Mich.
Garik Osipyants
Thav Gross PC; Bingham Farms, Mich.
Craig B. Rule
Orlans PC; Troy, Mich.
Charles J. Schneider
Charles J. Schneider PC; Livonia, Mich.
Craig S. Schoenherr, Sr.
O’Reilly Rancilio P.C.; Sterling Heights, Mich.
Michael A. Stevenson
Stevenson & Bullock PLC; Southfield, Mich.
Sponsors
Exhibitor
Cricket Debt Counseling
National Automotive Brokerage ServicesFor sponsorship and exhibiting opportunities, please contact Bethany Spencer at [email protected].
Conference Information
Hotel
The elegant Somerset Inn, our host hotel, is located in the heart of Troy’s business and financial district in close proximity to The Palace at Auburn Hills, Ford Field, Comerica Park, a golf course, and several museums and theaters. ABI has reserved a block of rooms at the special conference rates of $109 for a Tower Room and $134 for an Executive Room. To secure these special rates, reservations must be made by October 25, 2018. Reservations are limited, and rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the October 25 cutoff or after the specially rated ABI block has been filled.
Continuing Education Credit
Up to 7 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, including 1.5 hours of ethics and professionalism, and up to 8.5 hours of general CLE credit, including 1.5 hours of ethics and professionalism, 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 in the amount of 7 hours of general CLE credit, including 1.5 hours of ethics and professionalism. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 8.5 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 8.5 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. 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. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org.
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. Financial assistance is available for this program; all applications for financial assistance must be submitted by September 21, 2018. 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, ABI may allow the individual to work at the 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. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or send an email to [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by October 22, 2018. No refunds will be granted after October 22, but substitutions will be allowed. After October 22, 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.
2018 Conference Rates
Registration Rates Advance
(by 8/31/18)Regular
(after 8/31/18)ABI or CBA Member$250$295ABI Gov’t./Academic/Nonprofit Member$250$295Join and Save*$400$445New Govt./Academic/Nonprofit ABI Member* $345 $390 Exhibitor Rates
ABI Member Exhibitor**$1,000New ABI Member Exhibitor***$1,295* Includes a one-year ABI membership for first-time members — a $325 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI or CBA member to attend the conference.
** 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 (a $325 value).
Event Information 266108
Wednesday, October 17
Noon
Registration Opens
12:30-1:30 p.m.
Lunch
1:45 p.m.
Welcome
Ian Williams
RSM Restructuring Advisory LLP; London
2:00-3:00 p.m.
Asset Tracing in International Insolvencies
James Feltman, Moderator
Duff & Phelps, LLC; New York, NY
John Couriel
Kobre & Kim; Buenos Aires, Argentina
James H.M. Sprayregen
Kirkland & Ellis LLP; Chicago, Ill.
Marianna Vintiadis
Kroll; Milan, Italy
3:00-4:00 p.m.
From Non-Performing Loans to “Unlikely to Pay:” The Next Frontier
by TMA Europe
Do unfair trading practices (UTP) in Europe represent a new Gold Rush, and how will they impact the restructuring and turnaround market? In this panel, TMA professionals will discuss potential solutions for and the future of these practices.
Enrica Maria Ghia, Moderator
Studio Legale Ghia; Milan, Italy
Rashmi Dubé
Legatus Law; London, United Kingdom
Marco Ghiringhelli
PwC; Milan, Italy
Luis Martin
Abencys; Madrid, Spain
Catalin Nichifor
BM&T European Restructuring Solutions; Bucharest, Romania
Alexandre Le Ninivin
Squire Patton Boggs; Paris, France
Eva Ringelspacher
Restrukturierungs Partner; Frankfurt, Germany
4:00-4:30 p.m.
Coffee and Tea Break
Sponsored by Kobre & Kim
4:30-5:30 p.m.
Schemes of Arrangement - A Comparative Analysis
Craig Montgomery, Moderator
Freshfields Bruckhaus Deringer LLP; London, United Kingdom
Ignacio Buil Aldana
Cuatrecasas; London, United Kingdom
Tony O'Grady
Matheson; Dublin, Ireland
Nicolaes Tollenaar
Resor; Amsterdam, Netherlands
5:30-6:30 p.m.
Towards a Eurocentric Model Law
by the International Insolvency Institute
Prof. Avv Antonio Tullio, Moderator
Tullio & Partners; Modena, Italy
Agustí Bou
JAUSAS; Barcelona, Spain
Catherine Ottaway
Hoche Société d’Avocats; Paris, France
Robert van Galen
NautaDutilh N.V.; Amsterdam, Netherlands
6:30-7:30 p.m.
Cocktail Reception
8:00 p.m
Welcome Dinner
Sponsored by RSM and Studio Legale Ghia
Following the opening reception, walk over to the exclusive Terrazza Aperol for a welcome dinner, hosted by RSM and Studio Legale Ghia. Enjoy stunning views of the Duomo as you sip cocktails, catch up with colleagues and meet new associates. While this event is included with your registration, we kindly ask that you sign up for it during the registration process.
Thursday, October 18
8:30 a.m.
Registration and Continental Breakfast
Sponsored by Hogan Lovells
9:00-9:30 a.m.
Opening Remarks
Ian Williams
RSM Restructuring Advisory LLP; London
Hon. Kevin Carey, Vice President of Membership, ABI
U.S. Bankruptcy Court (D. Del.); Wilmington, Delaware, USA
Dr. Annerose Tashiro, Vice President for International Affairs, ABI
Schultze & Braun; Achern, Germany
9:30-10:15 a.m.
Keynote Address
Europe's Future
Dr. Ulrike Guérot
Founder and Director, European Democracy Lab; Berlin, Germany
Professor and Head of the Department for European Policy and the Study of Democracy, Danube University; Krems, Austria
Dr. Guérot is a dynamic thought leader. She makes the case for the transformation of the E.U. into a European republic where powers are decentralized and citizens have a greater say in how they are governed.
10:15-11:30 a.m.
Impact of Insolvency on Cryptocurrency, Smart Contracts and Initial Coin Offerings
by IWIRC
Dr. Annerose Tashiro, Moderator
Schultze & Braun; Achern, Germany
Lee Pascoe
Norton Rose Fulbright; Melbourne, Australia
Daniel J. Saval
Kobre & Kim; New York, New York, USA
Liz Pruszko Steininger
Least Authority; Berlin, Germany
11:30-11:45 a.m.
Coffee and Tea Break
Sponsored by anchor Rechtsanwälte
11:45 a.m.-1:00 p.m.
What Effect Will Trade Wars Have on Industries and Restructurings?
by INSOL International
Ronald Silverman, Moderator
Hogan Lovells US LLP; New York
Alberto Angeloni
DLA Piper; Rome, Italy
Richard Pedone
Nixon Peabody LLP; Boston
Sophia Rolle-Kapousouzoglou
LennoxPaton; Nassau, Bahamas
Christiaan Zijderveld
Houthoff; Amsterdam, Netherlands
1:00-2:00 p.m.
Networking Lunch
Sponsored by Duff & Phelps
2:00-3:15 p.m.
Westinghouse, a Truly International Chapter 11: From Atomic Start to Smashing Success in Only 363 Days
This panel will discuss (a) the strained relationship between the international parent and the subsidiary (including the fact that foreign operations were in different silos — i.e., there was no single C-suite per se); (b) the impact of the independent directors and the company's corporate governance best practices; (c) the international M&A process; (d) the unique (i.e., really unheard of) claims-trading activity that took place; and (e) the importance of timing (including a very difficult audit environment in the midst of an investigation).
Van C. Durrer, II, Moderator
Skadden, Arps, Slate Meagher & Flom LLP; Los Angeles, California, USA
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York, New York, USA
Al Togut
Togut, Segal & Segal LLP; New York, New York, USA
William Transier
Transier Advisors, LLC; Dallas, Texas, USA
3:15-3:45 p.m.
Coffee and Tea Break
3:45-5:00 p.m.
The Growing Convergence of International Insolvency Regimes
Bradley D. Sharp, Moderator
Development Specialists, Inc.; Los Angeles, California, USA
Antonio Azzarà
RCC; Milan, Italy
Hon. Kevin Carey
U.S. Bankruptcy Court (D. Del.); Wilmington, Delaware, USA
Debra I. Grassgreen
Pachulski Stang Ziehl & Jones LLP; San Francisco, California, USA
Prof. Patrick E. Mears
Universität Mannheim; Mannheim, Germany
5:00-5:15 p.m.
Closing Remarks
Ian Williams
RSM Restructuring Advisory LLP; London
5:15-7:00 p.m.
Cocktail Reception
Friday, October 19
9:30 a.m.
Optional Event
La Scala Theatre and Museum Tour
A seven-minute walk from our hotel, the Teatro alla Scala Museum travels the history of the theatre over the years with its large collection of portraits, mementos, busts, documents and playbills, as well as a tribute to great musicians from Giuseppe Verdi and Giacomo Puccini to Arturo Toscanini and Victor de Sabata. While visiting the museum, it is possible (if there are no rehearsals) to admire the theatre auditorium, reopened after a recent restoration. The €52-per-person fee includes entrance fees, tour guide and headphones. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified three weeks prior.
11:30 a.m
Optional Event
Tour of the Dome Cathedral and Its Terraces
Walk across the street from our hotel for a tour of the Milan Dome, known as one of the most beautiful gothic cathedrals in the world. Following the visit to the spacious interior of the Duomo, a scenic elevator will take you up to the terraces of the cathedral, where, on a clear day, you can enjoy an astonishing view of the city and glimpse the river valley and the Italian Alps in the distance. The €70 fee includes fast-track entrance, tour guide and headphones. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified three weeks prior.
Conference Rates
Registration Rates Advance
(postmarked by 9/15/18)Regular
(after 9/15/18)ABI Member$595$695New ABI Member*$690$790* Includes a one-year ABI International membership for members outside of North America only.
Programme Chair
Ian Williams
RSM Restructuring Advisory LLP; London
Conference Information
Hotel
The Rosa Grand Milano - Starhotels Collezione is a luxury hotel located in the city center of Milan that perfectly captures Milan’s mix of the innovative and the inspiring. The only hotel on Piazza Fontana, the Rosa Grand is just a short stroll from some of Milan’s most impressive artistic and architectural treasures, including Milan’s famous Duomo cathedral with its Gothic spires, as well as many of the city’s modern attractions. ABI has arranged a special conference rate of €255 ($296) for a deluxe single occupancy room and €275 ($320) for a deluxe double room. Rates include buffet breakfast in the hotel restaurant Roses. In order to be eligible for the group rate, reservations may be made only once you have registered for the conference through ABI. Upon payment of the conference registration fees, you will receive hotel reservation information with your conference confirmation. Make your reservations by September 14, 2018, to reserve the special rate. Rooms are held on a first-come, first-served basis. ABI cannot guarantee any rooms after the specially rated ABI block is filled.
Continuing Education Credit
Approval for approximately 9.25 hours of CLE credit are pending in states calculating CLE on a 60-minute hour, and 11 hours of CLE credit are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 11 credit hours. 11 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 14, 2018. No refunds will be granted after September 14, but substitutions will be allowed. After September 14, 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.
Optional Events
Stay an extra day in Milan and immerse yourself in the city's history and culture.
La Scala Theatre and Museum Tour
Friday, October 19, 9:30 a.m.
A seven-minute walk from our hotel, the Teatro alla Scala Museum travels the history of the theatre over the years with its large collection of portraits, mementos, busts, documents and playbills, as well as a tribute to great musicians from Giuseppe Verdi and Giacomo Puccini to Arturo Toscanini and Victor de Sabata. While visiting the museum, it is possible (if there are no rehearsals) to admire the theatre auditorium, reopened after a recent restoration. The €52-per-person fee includes entrance fees, tour guide and headphones. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified three weeks prior.
Tour of the Dome Cathedral and Its Terraces
Friday, October 19, 11:30 a.m.
Walk across the street from our hotel for a tour of the Milan Dome, known as one of the most beautiful gothic cathedrals in the world. Following the visit to the spacious interior of the Duomo, a scenic elevator will take you up to the terraces of the cathedral, where, on a clear day, you can enjoy an astonishing view of the city and glimpse the river valley and the Italian Alps in the distance. The €70 fee includes fast-track entrance, tour guide and headphones. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified three weeks prior.
Event Information 266180
Thursday, January 24
10:00-11:45 a.m.
IWIRC Program (separate registration)
Ethical Issues, Rules and Pitfalls in Bankruptcy Law
This panel will discuss bankruptcy law ethics issues, including the applicability of the attorney/client privilege after conversion of a chapter 11 case to a case under chapter 7, who the client is when a CRO has been appointed, the extent of the attorney/client privilege when debtor’s counsel is subpoenaed for information in a chapter 15 case, chapter 13 filings when the client is unable to fund the attorneys’ fees for a chapter 7, and bifurcation of consumer chapter 7 fees.
Anne Zoltani, Moderator
Bankruptcy Appellate Panel (10th Cir.); Denver
Jessica G. McKinlay
Dorsey & Whitney LLP; Palo Alto, Calif.
Elaine A. Monson
Ray Quinney & Nebeker; Salt Lake City
Tami Gadd-Willardson
Office of the Chapter 13 Trustee; Salt Lake City
11:00 a.m.
ABI Registration Desk and Exhibit Hall Open
12:00-12:45p.m.
Lunch
12:45-1:45 p.m.
Luncheon Keynote
As Good as It Gets: The State of the Economy
This session will cover the current economic environment in Utah and the U.S. Take part in this lively discussion on the trending issues that impact the economy, such as employment, wages, interest rates and population growth, and learn how to prepare for success in an uncertain economy.
Robert Spendlove
Zions Bank; Salt Lake City
1:45-3:00 p.m.
Concurrent Sessions
The Good, the Bad, and the Ugly: Accounting Basics for Bankruptcy Professionals
This panel will discuss some accounting basics in terms of what trustees and creditors can learn about the debtor early in a case from various financial documents, information gleaned from tax returns beyond just refunds pending, when and why valuations are needed and the methods and assumptions to consider, and the use of cash collateral budgets and projections.
Gil A. Miller, Moderator
Rocky Mountain Advisory; Salt Lake City
Vernon L. Calder
Berkeley Research Group, LLC; Salt Lake City
John H. Curtis
Rocky Mountain Advisory; Salt Lake City
Anne Eberhardt
Gavin/Solmonese LLC; New York
Hon. Kimberley H. Tyson
U.S. Bankruptcy Court (D. Colo.); Denver
Some Like It Hot: Topics and Rules Update
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.
Hon. Elizabeth E. Brown, Moderator
U.S. Bankruptcy Court (D. Colo.); Denver
Kenneth J. Buechler
Buechler & Garber LLC; Denver
Peggy Hunt
Dorsey & Whitney LLP; Salt Lake City
Keri L. Riley
KutnerBrinen, PC; Denver
A Fistful of Dollars: Thorny Chapter 11 Plan Confirmation Issues and How to Address Them
This panel will explore four challenging chapter 11 plan confirmation issues and potential ways to resolve them: (1) the appropriate cramdown interest rate; (2) the absolute priority rule; (3) plan exculpations and releases; and (4) creative ways to treat recalcitrant creditors (including unimpairment, reinstatement, contract assumption and other means).
George B. Hofmann, Moderator
Cohne Kinghorn, P.C.; Salt Lake City
James T. Markus
Markus Williams & Young LLC; Denver
Richard E. Mikels
Pachulski Stang Ziehl & Jones; New York
Hon. R. Kimball Mosier
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Hon. Michael E. Romero
U.S. Bankruptcy Court (D. Colo.); Denver
3:00-3:30 p.m.
Refreshment Break
3:30-4:45 p.m.
Concurrent Sessions
The Matrix: New Technology in Bankruptcy: Artificial Intelligence, Cybersecurity, Blockchain and Virtual Currency
Join a panel of technology experts as they explore how cutting-edge technology is impacting the practice of law in the bankruptcy sector. Panelists will discuss the up-and-coming role of artificial intelligence in legal research and case analysis and issues of cybersecurity. The panel will next shift its focus to a discussion of how blockchain and virtual currency might influence your next case. Do not get left behind; come learn how the future has arrived for bankruptcy practitioners.
John F. Young, Moderator
Markus Williams & Young LLC; Denver
Jake Heller
Casetext; San Francisco
Elaina M. Maragakis
Ray Quinney & Nebeker; Salt Lake City
Brian M. Rothschild
Parsons Behle & Latimer; Salt Lake City
Bryce Suzuki
Bryan Cave Leighton Paisner LLP; Phoenix
A License to Kill: Executory IP Contracts, Licenses and Intellectual Property Transactions in Bankruptcy
This panel will discuss exclusive and non-exclusive IP licenses and executory contract assumption as well as the assignment of IP Licenses, security interests in IP Licenses and a case study regarding the valuation and marketing of IP in the context of insolvency or forced sales.
Chad S. Caby, Moderator
Lewis Roca Rothgerber Christie LLP; Denver
Weston Anson
CONSOR IP Consulting and Valuation; La Jolla, Calif.
Eric E. Johnson
Sherman & Howard L.L.C.; Denver
Elizabeth R. Loveridge
Strong & Hanni; Salt Lake City
Hon. Thomas B. McNamara
U.S. Bankruptcy Court (D. Colo.); Denver
Walk the Line: Pushing Lenders' Rights to the Limits
This panel will explore the enforceability of special-purpose entities, springing guarantees, blocking directors and intercreditor agreements.
Sherilyn A. Olsen, Moderator
Holland & Hart LLP; Salt Lake City
Troy J. Aramburu
Snell & Wilmer L.L.P.; Salt Lake City
Caroline Case Fuller
Fairfield & Woods, PC; Denver
Aram Ordubegian
Arent Fox LLP; Los Angeles
Hon. Joseph G. Rosania
U.S. Bankruptcy Court (D. Colo.); Denver
4:45-6:30 p.m.
Networking Reception
Friday, January 25
7:30 a.m.
Registration Desk and Exhibit Hall Open
7:30-8:00 a.m.
Breakfast
8:00-8:55 a.m.
Judgment Day: Judges’ Roundtable
Featuring the judges of the 24th Annual Rocky Mountain Bankruptcy Conference.
9:00-10:15 a.m.
Concurrent Sessions
Consumer Workshop I
My Cousin Vinny: Evidence and Trial Skills in Consumer Bankruptcy Cases, Including Challenges in Consumer Representation: Part ITami Gadd-Willardson
Office of the Chapter 13 Trustee; Salt Lake City
Hon. John P. Gustafson
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Sarah Olson
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Good Will Hunting and Other Timely Commercial Law Issues in Bankruptcy
This panel will address issues related to (1) whether a blanket lienholder has a lien on the going concern or goodwill of a debtor under Article 9 of the UCC and how this complicated issue works out in the context of a chapter 11 case, (2) navigating §552 in regards to the post-petition effect of a pre-petition security interests, and (3) reclamation claims under §503(b)(9), including disputes between inventory lienholders and reclamation claimholders, and questions of when receipt of goods occurs, whether goods delivered to a debtor’s customer qualify for reclamation, and whether utility services are considered “goods” under §503(b)(9).
Kenneth L. Cannon II, Moderator
Durham Jones & Pinegar; Salt Lake City
Michael R. Johnson
Ray Quinney & Nebeker; Salt Lake City
Prof. Juliet M. Moringiello
Widener Commonwealth Law School; Harrisburg, Pa.
Jeffrey M. Reisner
Irell & Manella LLP; Newport Beach, Calif.
Hon. William T. Thurman
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Repeat Concurrent Session
Walk the Line: Pushing Lenders’ Rights to the Limits
10:15-10:45 a.m.
Coffee Break
10:45 a.m.-12:00 noon
Concurrent Sessions
Consumer Workshop II
My Cousin Vinny: Evidence and Trial Skills in Consumer Bankruptcy Cases, Including Challenges in Consumer Representation: Part IIRepeat Concurrent Sessions
Some Like It Hot: Topics and Rules Update
A License to Kill: Executory IP Contracts, Licenses and Intellectual Property Transactions in Bankruptcy
12:00-12:30 p.m.
Lunch
12:30-1:30 p.m.
Luncheon Keynote
Witness: The Honorable Practice of Bankruptcy
Ralph R. Mabey
Kirton McConkie PC; Salt Lake City
1:45-3:00 p.m.
Concurrent Sessions
Consumer Workshop III
The Perfect Storm: Working with Trustees and Navigating Complex CasesThis panel will delve into the roles of chapter 7 trustees and debtor’s counsel in complex cases, including (1) due diligence, planning and preparation for chapter 7 cases; (2) trustees' perspectives (when to start digging); (3) dealing with business ownership interests in individual cases; (4) risks to individual principals when entities file bankruptcy; and (5) getting paid in complex cases.
Deanna L. Westfall, Moderator
Weinstein & Riley, P.S.; Broomfield, Colo.
David M. Cook
David M. Cook, PC; Salt Lake City
Duane H. Gillman
Durham Jones & Pinegar; Salt Lake City
Hon. Joel T. Marker
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Adelaide Maudsley
People’s Intermountain Bank; Salt Lake City
Repeat Concurrent Sessions
The Good, the Bad, and the Ugly: Accounting Basics for Bankruptcy Professionals
Good Will Hunting and Other Timely Commercial Law Issues in Bankruptcy
3:00-3:30 p.m.
Refreshment Break
3:30-4:45 p.m.
Concurrent Sessions
Consumer Workshop IV
The Searchers: Consumer Hot Topics and Case Law UpdateHon. Kevin R. Anderson, Moderator
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Alane A. Becket
Becket & Lee, LLP; Malvern, Pa.
Theodore J. Hartl
Ballard Spahr LLP; Denver
Mark S. Middlemas
Lundberg & Associates, PC; Salt Lake City
Hon. Cathleen D Parker
U.S. Bankruptcy Court (D. Wyo.); Cheyenne
Repeat Concurrent Sessions
The Matrix: New Technology in Bankruptcy: Artificial Intelligence, Cybersecurity, Blockchain and Virtual Currency
A Fistful of Dollars: Thorny Chapter 11 Plan Confirmation Issues and How to Address Them
4:45-6:30 p.m.
Networking Reception
Conference Information
Hotel
Discover vibrant Salt Lake City at the Salt Lake Marriott Downtown at City Creek. Located in the heart of the city, the hotel offers upscale amenities and easy access to the area’s most popular attractions, including the city’s premier shopping, dining and entertainment district, City Creek — which is right next door.
A block of rooms is being held on a first-come, first-served basis. The special room rate is $199 per night; reservations must be made by January 2, 2019, to secure the special rate. A link to make reservations will be provided in your registration confirmation. Please make your reservations early. ABI cannot guarantee anyone a room after the ABI 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 24. The cost is an additional $75; please mark the appropriate box on the registration form to attend.
Transportation
Salt Lake City International Airport (SLC) is just six miles away. Cab fares are approximately $25.
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 3, 2019. No refunds will be granted after January 3, but substitutions will be allowed. After January 3, 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 hour of ethics, is pending in states calculating CLE on a 60-minute hour, and 12.5 hours of CLE credit, including 1 hour 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 hour 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 hour of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 1 hour of ethics, are also available.
Rocky Mountain Consumer Workshop: Approval for approximately 7 hours of CLE credit, including 1 hour of ethics, is pending in states calculating CLE on a 60-minute hour, and 8.25 hours of CLE credit, including 1 hour 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 hour 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 hour of ethics. 8 hours of CPE credit, including 1 hour 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].
2019 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 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.
2019 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
Ballard Spahr LLP; Denver
George B. Hofmann
Cohne Kinghorn, P.C.; Salt Lake City
Peggy Hunt
Dorsey & Whitney LLP; Salt Lake City
Lon A. Jenkins
Office of the Chapter 13 Trustee; Salt Lake City
Eric E. Johnson
Sherman & Howard L.L.C.; Denver
Adelaide Maudsley
People’s Intermountain Bank; Salt Lake City
Sherilyn A. Olsen
Holland & Hart LLP; Salt Lake City
Craig K. Schuenemann
Bryan Cave Leighton Paisner LLP; Denver
Timothy M. Swanson
Moye White LLP; Denver
Bruce H. White
Parsons Behle & Latimer; Salt Lake City
2019 Conference Rates
Advanced
(by 11/16/18)Regular
(11/17/18-1/4/19)Late
(after 1/4/19)Rocky Mountain Bankruptcy Conference ABI Member $595$650 $695Join and Save* $870$945 $990Govt./Aca. ABI Member $345$395 $445New Govt./Aca. ABI Member* $440$490 $540Consumer Workshop ONLY Pricing (program only on 1/25/19) ABI Member $295 $345 $395 Join and Save* $445 $495 $545 Optional Events IWIRC Program Fee (includes lunch) $75Thursday Networking Reception IncludedThursday Networking Reception Guest $40Friday Networking Reception IncludedFriday 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 the online form. You must be an ABI member to attend the conference.
Event Information 266234
Thursday, January 24
10:00-11:45 a.m.
IWIRC Program (separate registration)
Ethical Issues, Rules and Pitfalls in Bankruptcy Law
This panel will discuss bankruptcy law ethics issues, including the applicability of the attorney/client privilege after conversion of a chapter 11 case to a case under chapter 7, who the client is when a CRO has been appointed, the extent of the attorney/client privilege when debtor’s counsel is subpoenaed for information in a chapter 15 case, chapter 13 filings when the client is unable to fund the attorneys’ fees for a chapter 7, and bifurcation of consumer chapter 7 fees.
Anne Zoltani, Moderator
Bankruptcy Appellate Panel (10th Cir.); Denver
Jessica G. McKinlay
Dorsey & Whitney LLP; Palo Alto, Calif.
Elaine A. Monson
Ray Quinney & Nebeker; Salt Lake City
Tami Gadd-Willardson
Office of the Chapter 13 Trustee; Salt Lake City
11:00 a.m.
ABI Registration Desk and Exhibit Hall Open
12:00-12:45p.m.
Lunch
12:45-1:45 p.m.
Luncheon Keynote
As Good as It Gets: The State of the Economy
This session will cover the current economic environment in Utah and the U.S. Take part in this lively discussion on the trending issues that impact the economy, such as employment, wages, interest rates and population growth, and learn how to prepare for success in an uncertain economy.
Robert Spendlove
Zions Bank; Salt Lake City
1:45-3:00 p.m.
Concurrent Sessions
The Good, the Bad, and the Ugly: Accounting Basics for Bankruptcy Professionals
This panel will discuss some accounting basics in terms of what trustees and creditors can learn about the debtor early in a case from various financial documents, information gleaned from tax returns beyond just refunds pending, when and why valuations are needed and the methods and assumptions to consider, and the use of cash collateral budgets and projections.
Gil A. Miller, Moderator
Rocky Mountain Advisory; Salt Lake City
Vernon L. Calder
Berkeley Research Group, LLC; Salt Lake City
John H. Curtis
Rocky Mountain Advisory; Salt Lake City
Anne Eberhardt
Gavin/Solmonese LLC; New York
Hon. Kimberley H. Tyson
U.S. Bankruptcy Court (D. Colo.); Denver
Some Like It Hot: Topics and Rules Update
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.
Hon. Elizabeth E. Brown, Moderator
U.S. Bankruptcy Court (D. Colo.); Denver
Kenneth J. Buechler
Buechler & Garber LLC; Denver
Peggy Hunt
Dorsey & Whitney LLP; Salt Lake City
Keri L. Riley
KutnerBrinen, PC; Denver
A Fistful of Dollars: Thorny Chapter 11 Plan Confirmation Issues and How to Address Them
This panel will explore four challenging chapter 11 plan confirmation issues and potential ways to resolve them: (1) the appropriate cramdown interest rate; (2) the absolute priority rule; (3) plan exculpations and releases; and (4) creative ways to treat recalcitrant creditors (including unimpairment, reinstatement, contract assumption and other means).
George B. Hofmann, Moderator
Cohne Kinghorn, P.C.; Salt Lake City
James T. Markus
Markus Williams & Young LLC; Denver
Richard E. Mikels
Pachulski Stang Ziehl & Jones; New York
Hon. R. Kimball Mosier
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Hon. Michael E. Romero
U.S. Bankruptcy Court (D. Colo.); Denver
3:00-3:30 p.m.
Refreshment Break
3:30-4:45 p.m.
Concurrent Sessions
The Matrix: New Technology in Bankruptcy: Artificial Intelligence, Cybersecurity, Blockchain and Virtual Currency
Join a panel of technology experts as they explore how cutting-edge technology is impacting the practice of law in the bankruptcy sector. Panelists will discuss the up-and-coming role of artificial intelligence in legal research and case analysis and issues of cybersecurity. The panel will next shift its focus to a discussion of how blockchain and virtual currency might influence your next case. Do not get left behind; come learn how the future has arrived for bankruptcy practitioners.
John F. Young, Moderator
Markus Williams & Young LLC; Denver
Jake Heller
Casetext; San Francisco
Elaina M. Maragakis
Ray Quinney & Nebeker; Salt Lake City
Brian M. Rothschild
Parsons Behle & Latimer; Salt Lake City
Bryce Suzuki
Bryan Cave Leighton Paisner LLP; Phoenix
A License to Kill: Executory IP Contracts, Licenses and Intellectual Property Transactions in Bankruptcy
This panel will discuss exclusive and non-exclusive IP licenses and executory contract assumption as well as the assignment of IP Licenses, security interests in IP Licenses and a case study regarding the valuation and marketing of IP in the context of insolvency or forced sales.
Chad S. Caby, Moderator
Lewis Roca Rothgerber Christie LLP; Denver
Weston Anson
CONSOR IP Consulting and Valuation; La Jolla, Calif.
Eric E. Johnson
Sherman & Howard L.L.C.; Denver
Elizabeth R. Loveridge
Strong & Hanni; Salt Lake City
Hon. Thomas B. McNamara
U.S. Bankruptcy Court (D. Colo.); Denver
Walk the Line: Pushing Lenders' Rights to the Limits
This panel will explore the enforceability of special-purpose entities, springing guarantees, blocking directors and intercreditor agreements.
Sherilyn A. Olsen, Moderator
Holland & Hart LLP; Salt Lake City
Troy J. Aramburu
Snell & Wilmer L.L.P.; Salt Lake City
Caroline Case Fuller
Fairfield & Woods, PC; Denver
Aram Ordubegian
Arent Fox LLP; Los Angeles
Hon. Joseph G. Rosania
U.S. Bankruptcy Court (D. Colo.); Denver
4:45-6:30 p.m.
Networking Reception
Friday, January 25
7:30 a.m.
Registration Desk and Exhibit Hall Open
7:30-8:00 a.m.
Breakfast
8:00-8:55 a.m.
Judgment Day: Judges’ Roundtable
Featuring the judges of the 24th Annual Rocky Mountain Bankruptcy Conference.
9:00-10:15 a.m.
Concurrent Sessions
Consumer Workshop I
My Cousin Vinny: Evidence and Trial Skills in Consumer Bankruptcy Cases, Including Challenges in Consumer Representation: Part ITami Gadd-Willardson
Office of the Chapter 13 Trustee; Salt Lake City
Hon. John P. Gustafson
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Sarah Olson
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Good Will Hunting and Other Timely Commercial Law Issues in Bankruptcy
This panel will address issues related to (1) whether a blanket lienholder has a lien on the going concern or goodwill of a debtor under Article 9 of the UCC and how this complicated issue works out in the context of a chapter 11 case, (2) navigating §552 in regards to the post-petition effect of a pre-petition security interests, and (3) reclamation claims under §503(b)(9), including disputes between inventory lienholders and reclamation claimholders, and questions of when receipt of goods occurs, whether goods delivered to a debtor’s customer qualify for reclamation, and whether utility services are considered “goods” under §503(b)(9).
Kenneth L. Cannon II, Moderator
Durham Jones & Pinegar; Salt Lake City
Michael R. Johnson
Ray Quinney & Nebeker; Salt Lake City
Prof. Juliet M. Moringiello
Widener Commonwealth Law School; Harrisburg, Pa.
Jeffrey M. Reisner
Irell & Manella LLP; Newport Beach, Calif.
Hon. William T. Thurman
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Repeat Concurrent Session
Walk the Line: Pushing Lenders’ Rights to the Limits
10:15-10:45 a.m.
Coffee Break
10:45 a.m.-12:00 noon
Concurrent Sessions
Consumer Workshop II
My Cousin Vinny: Evidence and Trial Skills in Consumer Bankruptcy Cases, Including Challenges in Consumer Representation: Part IIRepeat Concurrent Sessions
Some Like It Hot: Topics and Rules Update
A License to Kill: Executory IP Contracts, Licenses and Intellectual Property Transactions in Bankruptcy
12:00-12:30 p.m.
Lunch
12:30-1:30 p.m.
Luncheon Keynote
Witness: The Honorable Practice of Bankruptcy
Ralph R. Mabey
Kirton McConkie PC; Salt Lake City
1:45-3:00 p.m.
Concurrent Sessions
Consumer Workshop III
The Perfect Storm: Working with Trustees and Navigating Complex CasesThis panel will delve into the roles of chapter 7 trustees and debtor’s counsel in complex cases, including (1) due diligence, planning and preparation for chapter 7 cases; (2) trustees' perspectives (when to start digging); (3) dealing with business ownership interests in individual cases; (4) risks to individual principals when entities file bankruptcy; and (5) getting paid in complex cases.
Deanna L. Westfall, Moderator
Weinstein & Riley, P.S.; Broomfield, Colo.
David M. Cook
David M. Cook, PC; Salt Lake City
Duane H. Gillman
Durham Jones & Pinegar; Salt Lake City
Hon. Joel T. Marker
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Adelaide Maudsley
People’s Intermountain Bank; Salt Lake City
Repeat Concurrent Sessions
The Good, the Bad, and the Ugly: Accounting Basics for Bankruptcy Professionals
Good Will Hunting and Other Timely Commercial Law Issues in Bankruptcy
3:00-3:30 p.m.
Refreshment Break
3:30-4:45 p.m.
Concurrent Sessions
Consumer Workshop IV
The Searchers: Consumer Hot Topics and Case Law UpdateHon. Kevin R. Anderson, Moderator
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Alane A. Becket
Becket & Lee, LLP; Malvern, Pa.
Theodore J. Hartl
Ballard Spahr LLP; Denver
Mark S. Middlemas
Lundberg & Associates, PC; Salt Lake City
Hon. Cathleen D Parker
U.S. Bankruptcy Court (D. Wyo.); Cheyenne
Repeat Concurrent Sessions
The Matrix: New Technology in Bankruptcy: Artificial Intelligence, Cybersecurity, Blockchain and Virtual Currency
A Fistful of Dollars: Thorny Chapter 11 Plan Confirmation Issues and How to Address Them
4:45-6:30 p.m.
Networking Reception
Conference Information
Hotel
Discover vibrant Salt Lake City at the Salt Lake Marriott Downtown at City Creek. Located in the heart of the city, the hotel offers upscale amenities and easy access to the area’s most popular attractions, including the city’s premier shopping, dining and entertainment district, City Creek — which is right next door.
A block of rooms is being held on a first-come, first-served basis. The special room rate is $199 per night; reservations must be made by January 2, 2019, to secure the special rate. A link to make reservations will be provided in your registration confirmation. Please make your reservations early. ABI cannot guarantee anyone a room after the ABI 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 24. The cost is an additional $75; please mark the appropriate box on the registration form to attend.
Transportation
Salt Lake City International Airport (SLC) is just six miles away. Cab fares are approximately $25.
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 3, 2019. No refunds will be granted after January 3, but substitutions will be allowed. After January 3, 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 hour of ethics, is pending in states calculating CLE on a 60-minute hour, and 12.5 hours of CLE credit, including 1 hour 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 hour 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 hour of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 1 hour of ethics, are also available.
Rocky Mountain Consumer Workshop: Approval for approximately 7 hours of CLE credit, including 1 hour of ethics, is pending in states calculating CLE on a 60-minute hour, and 8.25 hours of CLE credit, including 1 hour 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 hour 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 hour of ethics. 8 hours of CPE credit, including 1 hour 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].
2019 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 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.
2019 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
Ballard Spahr LLP; Denver
George B. Hofmann
Cohne Kinghorn, P.C.; Salt Lake City
Peggy Hunt
Dorsey & Whitney LLP; Salt Lake City
Lon A. Jenkins
Office of the Chapter 13 Trustee; Salt Lake City
Eric E. Johnson
Sherman & Howard L.L.C.; Denver
Adelaide Maudsley
People’s Intermountain Bank; Salt Lake City
Sherilyn A. Olsen
Holland & Hart LLP; Salt Lake City
Craig K. Schuenemann
Bryan Cave Leighton Paisner LLP; Denver
Timothy M. Swanson
Moye White LLP; Denver
Bruce H. White
Parsons Behle & Latimer; Salt Lake City
2019 Conference Rates - Consumer
Advanced
(by 11/16/18)Regular
(11/17/18-1/4/19)Late
(after 1/4/19)ABI Member $295 $345 $395 Join and Save* $445 $495 $545 Optional Events IWIRC Program Fee (includes lunch) $75Friday Networking Reception IncludedFriday 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 the online form. You must be an ABI member to attend the conference.
Event Information 266468
Monday, October 8
8:00-8:30 a.m.
Continental Breakfast and Registration
Sponsored by The Law Office of William J. Factor, Ltd.
8:20-8:30 a.m.
Welcome Remarks
8:30-9:45 a.m.
Everybody Wants to Get Paid: The Complete Guide to Compensation Issues
This panel will discuss chapter 13 issues including CARA considerations, expenses in light of National Rule changes, and fee-jumping, as well as chapter 7 issues including pre- vs. post-petition payment, no-money-down cases and limited representation.
Amy Aronson
Aronson & Walsh, PC; Vernon Hills, IL
A. Stewart Chapman
Office of the Chapter 13 Trustee; Chicago
Hon. Carol A. Doyle
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Ariane Holtschlag
The Law Office of William J. Factor, Ltd..; Chicago
9:45-10:45 a.m.
They Don’t Call Us Counselors for Nothing
This panel will be a discussion of life-coaching issues implicated by bankruptcy practice, as well as the life dilemmas that attorneys sometimes face.
Kimberly J. Robinson, Moderator
Oak Park, Ill.
Hon. Beth E. Hanan
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Maria Minor
Independent Coach & Trainer; Chicago
Dr. Marie B. Tobin
The University of Chicago; Chicago
10:45-11:00 a.m.
Coffee Break
Sponsored by Fox Rothschild LLP
11:00 a.m.-12:00 noon
Concurrent Sessions (3)
It Was So Much Fun; Let’s Do It Again: Cars, Parking and Municipal Violations, Take Two
This very lively debate will examine the case law that has developed in the last year — and where things may go next.
Hon. Eugene R. Wedoff (ret.), Moderator
Oak Park, Ill.
Nathan E. Delman
The Semrad Law Firm, LLC; Gurnee, Ill.
Craig Goldblatt
WilmerHale; Washington, D.C.
So, Now What Do We Do? Chapter 13 Hot Topics
This session will take a look at the National Plan one year later: what was intended vs. what is actually happening, differences in the plans across the districts, PLUS issues regarding notice of final cure/response process, proof-of-claim challenges, implications of failing to make plan payments/discharge issues, and payments “under the plan.”
Hon. Mary P. Gorman, Moderator
U.S. Bankruptcy Court (C.D. Ill.); Springfield
Heather Giannino
Heavner, Beyers & Mihlar, LLC; Decatur, Ill.
John Hauber
Chapter 13 Standing Trustee; Indianapolis, Ind.
J. David Krekeler
Krekeler Strother, S.C.; Madison, Wis.
Don’t Be a Dinosaur
This session will provide an overview of the technology every lawyer must know about, use and be responsible for. Included will be a discussion of a lawyer’s duty to be technologically savvy in regards to running a business, responding to clients and using it to promote the business, along with issues regarding the storage of information, electronic discovery, e-mail responsibilities and ethics, and the use of Facebook, LinkedIn and Twitter.
Karim Guirguis, CIO
American Bankruptcy Institute; Alexandria, Va.
12:00-12:30 p.m.
Grab-n-Go Lunch
Sponsored by The Semrad Law Firm, LLC
12:30-1:45 p.m.
Luncheon Session
Sponsored by The Semrad Law Firm, LLC
What do you mean my credit is ruined? Credit Scores and Reports
This session will cover the gamut of credit scores and reports: how they are calculated, what goes into improving or hurting a credit score, and what clients can do to fix a credit score — and counseling clients on the same.
Hon. Janet S. Baer
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Harley Means
Kroger, Gardis & Regas LLP; Indianapolis
Laura Migalski
Trans Union; Park Ridge, Ill.
Paul G. Swanson
Steinhilber Swanson LLP; Oshkosh, Wis.
Gene Volchek
Trans Union; Glenview, Ill.
1:45-2:00 p.m.
Refreshment Break
2:00-3:00 p.m.
Repeat Concurrent Sessions (3)
It Was So Much Fun; Let’s Do It Again: Cars, Parking and Municipal Violations, Take Two
So, Now What Do We Do? Chapter 13 Hot Topics
Don’t Be a Dinosaur
3:15-4:30 p.m.
“I’ll Take the Constitution for $500”: “Case Law Jeopardy,” the 2018 Version
Ronald R. Peterson, Moderator
Jenner & Block; Chicago
Deborah J. Caruso
Rubin & Levin, PC; Indianapolis, Ind.
Timothy F. Nixon
Godfrey & Kahn SC; Green Bay, Wis.
Jeana Reinbold
Jeana Reinbold Law; Springfield, Ill.
4:30 p.m.
Adjourn
2018 Conference Rates
Registration Rates Early Bird
(by 9/14/18)Regular
(after 9/14/18)ABI Member$250$295Join and Save*$400$445Exhibitor Rates
ABI Member Exhibitor**$1,000New ABI Member Exhibitor***$1,295* Includes a one-year ABI membership for first-time members — a $325 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI or CBA member to attend the conference.
** 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 (a $325 value).
Judicial Chair
Hon. Janet S. Baer
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Planning Committee
Nathan E. Delman, Co-Chair
The Semrad Law Firm, LLC; Chicago
Heather Giannino, Co-Chair
Heavner, Beyers & Mihlar, LLC; Decatur, Ill.
Michael C. Burr
Robert J. Adams & Associates; Chicago
Hon. James M. Carr
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis
Hon. Donald R. Cassling
U.S. Bankruptcy Court (N.D. Ill.); Chicago
A. Stewart Chapman
Office of the Chapter 13 Trustee; Chicago
Nathan E. Curtis
Geraci Law L.L.C.; Chicago
Hon. Catherine J. Furay
U.S. Bankruptcy Court (W.D. Wis.); Eau Claire
Hon. Mary P. Gorman
U.S. Bankruptcy Court (C.D. Ill.); Springfield
Hon. Beth E. Hanan
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Ariane R. Holtschlag
FactorLaw; Chicago
David P. Leibowitz
Lakelaw; Waukegan, Ill.
Hon. Thomas M. Lynch
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Berton J. Maley
Codilis & Associates, P.C.; Burr Ridge, Ill.
Debra L. Miller
Standing Chapter 13 Trustee; South Bend, Ind.
Ronald R. Peterson
Jenner & Block; Chicago
Brian L. Shaw
Fox Rothschild LLP; Chicago
M. Gretchen Silver
Office of the U.S. Trustee; Chicago
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
Barbara L. Yong
Golan Christie Taglia LLP; Chicago
Mark S. Zuckerberg
Law Office of Mark S. Zuckerberg; Indianapolis
Conference Information
Location
The conference will be held at the Jenner & Block Conference Center, located at 353 N. Clark Street, Chicago, IL 60654.
Continuing Education Credit
6.75 hours of CLE credit, including 1.25 hours of ethics, are 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 each state’s CLE credit approval regulations and may not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 8 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 6.75 hours, of which 1.25 hours will apply to 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. For more information regarding administrative policies such as complaints and refunds, please contact the American Bankruptcy Institute at (703) 739-0800.
Financial Hardship
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, ABI may allow the individual to work at the 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. Financial assistance is available for this program; all applications for financial assistance must be submitted by September 17, 2018. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 17, 2018. No refunds will be granted after September 17, but substitutions will be allowed. After September 17, 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.
Sponsors
Exhibitors
For sponsorship and exhibiting opportunities, please contact Allyson Donohue at [email protected].
Event Information 267570
Wednesday, November 7
8:15-9:00 a.m.
Registration and Coffee/Tea
9:00-9:15 a.m.
Welcome by Conference Leadership
9:15-10:30 a.m.
Claims Trading in a Cross-Border World
Purchasing claims has become more and more prevalent with creditors receiving almost daily offers from various investor parties. The concentration of claims can lead to control blocks as claims traders have different interest than trade creditors, more akin to debenture or bond holders. Starting with the concentration of claims in Eatons way back completely changed the reorganization and arguably resulted in the ultimate failure of the company. How does claims trading work in the more uncertain climate of retail bankruptcies where the reorganization or liquidation of the company is not known for several months? Claims trading is also an issue in the Woodbridge bankruptcy case in Delaware regarding whether the Debtor can be compelled to consent to a transfer of a purchased claim.
Paul Berg
Argo Partners, Inc.; New York
Stuart Brotman
Fasken Martineau DuMoulin LLP; Toronto, ON
Natasha Tsiouris
Davis Polk & Wardwell LLP; New York
Bradley D. Sharp
Development Specialists, Inc.; Los Angeles
10:30-10:45 a.m.
Networking Break
Sponsored by Proskauer
10:45-11:45 a.m.
Retail Without Borders
It seems every few weeks there is an announcement of another majo retailer filing Chapter 11, including some iconic claims. Frequently, the insolvency involves cross-border aspects and retail operations in Canada. From the initial filing decision--is there a “full blown” or ancillary proceeding in Canada--through to the end result whether it be by way of plan or liquidation there is the need to co-ordinate the cross-border proceedings. Debtor counsel, advisors and stakeholder counsel to discuss some of these issues in the context of recent filings and whether a reorganization of a large retailer is even possible in today’s. We will consider the recent World Importers decision on 503(b)(9) claims issued by the Third Circuit and the impact on debtors and the expanding scope of critical vendor orders to pay certain, but not all, of prepetition suppliers.
Sam J. Alberts
Dentons US LLP; Alexandria, VA
Alex L. MacFarlane
Borden Ladner Gervais LLP; Toronto, ON
Kyle James Ortiz
Togut, Segal & Segal LLP; New York
William P. Weintraub
Goodwin Procter LLP; New York
11:45 a.m.-1:30 p.m.
Networking Lunch
Sponsored by Deloitte CRG and EisnerAmper LLP
1:30-2:45 p.m.
The Cryptocurrency Craze
The use of cryptocurrencies are becoming more prevalent throughout the world. During the early days of Bitcoin there was a relative absence of regulation or control by governments since there is no central issuing authority. Given the increasing use of cryptocurrencies, as well as the increased hacking of these currencies and bankruptcies of cryptocurrency firms, bankruptcy courts will likely have to weigh in on the various property rights of crypto companies. In the recent case of Hashfast Technologies LLC v. Lowe (In re Hashfest Technologies) (Bankr. N.D. Cal. February 22, 2016), Judge Montali authored one of the first reported decisions in this area. Whether cryptocurrencies constitute a commodity, currency or general intangible is critical for purposes of avoidance action recovery. How cryptocurrencies are viewed in international jurisdictions may differ depending on the property right that the court assigns to them and whether or not those property rights are subject to claw back by bankruptcy companies. A recent IRS ruling stated that bitcoins are “property”, not currency. Judge Montali also concluded that bitcoins are not currency.
Rafael X. Zahralddin-Aravena, Moderator
Elliott Greenleaf; Wilmington
Eric S. Rein
Horwood Marcus & Berk Chartered; Chicago
David J. Molton
Brown Rudnick LLP; New York
Erin J. Illman
Bradley Arant Boult Cummings LLP;
2:45-3:00 p.m.
Networking Break
Sponsored by Brown Rudnick LLP
3:00-4:30 p.m.
Restructuring: Thinking Globally
The U.S. economy may be booming, but how will tax cuts, tariffs levied against Canada and China, and a potential trade war affect professionals advising stakeholders and companies? East meets West on this panel of experts.
E. Patrick Shea, Moderator
Gowling WLG (Canada) LLP; Toronto, ON
Eduardo Guimarães Wanderley
BMA | Barbosa Müssnich Aragão; SÃO PAULO
Mark A. Russell
KSG Attorneys; Grand Cayman
Jane A. VanLare
Cleary, Gottlieb, Steen & Hamilton LLP; New York
4:30-6:30 p.m.
Networking Reception
Sponsored by Development Specialists, Inc.
Conference Rates
Registration Rates Early
(by 9/14/18)Regular
(9/15/18-10/26/18)Late
(after 10/26/18)ABI Member$395$445$495Non-Member$495$545$595Conference Information
The conference will be held at the Tribeca Conference Room at Dentons US LLP, at 1221 Avenue of the Americas in Manhattan.
Continuing Education Credit*
5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 6 hours of general CLE credit 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 in the amount of 5 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 6 credit hours. 6 hours of CPE credit 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. For information on tuition assistance, send an e-mail [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by October 17, 2018. No refunds will be granted after October 17, but substitutions will be allowed. After October 17, 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.
Co-Chairs
Joshua M. Fried
Pachulski Stang Ziehl & Jones LLP; San Francisco, Cal.
E. Patrick Shea
Gowling WLG (Canada); Toronto
Advisory Board
James L.Bromley
Cleary Gottlieb Steen & Hamilton LLP; New York
Ken Coleman
Allen & Overy LLP; New York
Michael J. Epstein
Deloitte CRG, New York
Timothy Graulich
Davis Polk & Wardwell LLP; New York
Floris B. Iking
Alvarez & Marsal; Mexico City
Charles Johnson
Norton Rose Fulbright; São Paulo, Brazil
Paul J. Keenan, Jr.
Greenberg Traurig, LLP; Miami
Tanya Meerovich
FTI Consulting, Inc.; New York
Oksana Koltko Rosaluk
DLA Piper; Chicago
Allen D. Wilen
EisnerAmperLLP; Iselin, N.J.
Rafael X. Zahralddin-Aravena
Elliott Greenleaf; Wilmington, Del.
Event Information 268344
Friday, November 9
7:30-8:45 a.m.
Breakfast and Draw for Team Numbers
(Team deliverables due at 7:30 a.m.)
8:15-8:45 a.m.
Judges Meeting
8:45-9:25 a.m.
Round 1A (Teams 1-6)
9:35-10:15 a.m.
Round 1B (Teams 7-12)
10:25-11:05 a.m.
Round 2A (Teams 1-6)
11:15-11:55 a.m.
Round 2B (Teams 7-12)
12:00-1:00 p.m.
Judges’ Scoring Meeting to Determine Finalists
12:15-1:45 p.m.
Luncheon
1:00-1:30 p.m.
First Feedback Session, Followed by Announcement of Finalists
2:30-3:15 p.m.
Finalist Team 1
3:25-4:10 p.m.
Finalist Team 2
4:20-5:05 p.m.
Finalist Team 3
5:05-5:45 p.m.
Judges’ Scoring Meeting to Determine Winner
5:30-7:00 p.m.
Cocktails, Second Feedback Session and Awards
Competition Information
Those who enter will receive the case vehicle/problem by electronic mail one (1) week before the competition.
How to Enter
Please contact Allyson Donohue at [email protected] or (703) 739-0800.
Where and When
The 2018 case competition will take place at the Gleacher Center, The University of Chicago Booth School of Business, 450 Cityfront Plaza Dr., Chicago, IL 60611, on November 9, 2018. Lodging will be provided at a nearby hotel.
Top Three Teams
In addition to team and individual trophies, cash prizes will be awarded to the top three teams in the competition.
First place: $6,000
Second place: $3,500
Third place: $2,500Cash prizes are provided by ABI’s Anthony H.N. Schnelling Endowment Fund. The first-place team earns a space on the Bettina M. Whyte Trophy, permanently housed at ABI’s offices.
Location
Gleacher Center | The University of Chicago Booth School of Business
450 Cityfront Plaza Dr.
Chicago, IL 60611Entrance Fee
$200 per team
Lodging
Included (2 rooms with double beds for each out-of-town team)
Meals
Included
Travel
Responsibility of each participating team
Rules of Competition
Composition of the teams
Teams will consist of three or four students who must be enrolled in their school at the time of the competition. Team members may be substituted at the competition in case of illness or disability. It is expected, but not required, that the students will mostly be second-year (graduating in the 2018-2019 school year) MBA students. Teams should not obtain aid in solving the case from individuals who are not part of the team, and will be asked to certify that the work product they submit at the competition is their own. Former competitors are not allowed to compete in this year's competition.
Case vehicle
The case to be analyzed will be delivered to the participating teams one (1) week prior to the competition. The case vehicle, concerning a distressed company, will describe the company and the industry in which it operates. It will present the challenges facing the decision-makers in determining the appropriate restructuring steps to take.
Ancillary information about the company, industry and market data and some basic restructuring and bankruptcy principles will be provided in the case vehicle. The case competition is not intended to be a fact-finding exercise for the teams. The material included in the case vehicle is meant to provide all the information required for the case, and information or facts outside the case materials should not be considered (and will not be considered by the judges if presented).You will be asked at the competition to certify that the work product submitted is only that of your team and its members.
Presentations
As stated in the case materials and as reflected on the competition schedule, the competition will consist of submitting written materials and making presentations, as advisors to the company, to separate panels of judges. The competition will be conducted on one day (Friday, November 9). All teams will be required to submit the written materials and participate in the first two rounds of presentations. Following the completion of the second round of presentations, the judges will meet and consider the performance of the teams considering both the written materials and the presentations. The top three (3) teams will be announced at the end of the lunch break and will proceed to the final presentation of the competition (presentations to start approximately one hour after the announcement of the finalists). At the end of the final presentations, the judges will rank the final three teams and announce the winning team at the closing reception. Teams that are not invited to participate in the finals presentations are encouraged to attend the finals presentations.
Written presentations must be submitted to the ABI representative designated at Registration no later than 7:30 a.m. on Friday, November 9. Each team's presentation should not exceed a limited amount of pages and is likely to include the items listed below, each as set forth in the instructions that will accompany the case materials:
- Liquidity analysis, including 13 week cash forecast
- Capital structure analysis, including the relative viewpoint of each constituent
- Debt capacity
- Prospects for new capital
- Valuation
- Operational alternatives
- Timeline(s)
Competitors will need to carefully consider the content of their presentations and judge what support materials will be used. Too little detail will fail to convince and too much detail runs the risks of losing the attention of the audience and running out of time to cover key agenda points.
Except as necessary as a tiebreaker, no points or rankings will be carried over from the first two presentations to the final presentations.
The ABI reserves the right to use all or portions of your presentations in future ABI programs.
Judges
Judges in each of the rounds will be panels of experts from the turnaround, crisis management, distressed debt, DIP financing, legal and bankruptcy advisory industries. The pool of judges will change for each presentation. One of the main benefits to participating teams will be exposure to influential members in these industries.
Judging Criteria
Each presentation will be evaluated by the panel of judges on the basis of the quality of the analysis and presentation in the following areas:
- Financial and Operational Analysis
- Transaction Structure
- Implementation Strategy
- Demonstration of understanding of negotiation dynamics
- Creativity (Presentations)
Particular focus should be directed to compelling arguments, good analyses, likelihood of success, understanding of the dynamics among various constituencies and oral skills. It is important that the presentation demonstrates a thorough consideration of viable alternatives and provides detailed reasoning for recommendations. As with most cases, there is not necessarily a right or wrong answer. The judges will be looking for the quality of the analysis and reasoning in evaluating the presentation.
Questions:
Competition/Registration or Hotel confirmation: Allyson Donohue at ABI, (703) 739-0800 or [email protected]
Rates
Entrance Fee $200 per team Entrance fee is non-refundable. Teams may not withdraw after October 7 without penalty.
Sponsors
For sponsorship opportunities, please contact Allyson Donohue at [email protected] or 703-739-0800.
Event Information 268811
Platinum Sponsor
Gold Sponsors
Beverage Sponsors
Silver Sponsors
Bronze Sponsors
CourtCall LLC
Fox Rothschild LLP
Omni Management Group, IncBecome a sponsor of the Duberstein Bankruptcy Moot Court Gala Awards and support tomorrow’s professionals. Available packages are listed below and on the COMMITMENT FORM.
Platinum: $7,500SOLD OUT
Exclusive sponsor of gift bag given to all attendees. Includes 6 tickets, full-page program ad and premium firm logo projected on wall at event. Sponsor to provide gift, to be approved by ABI.Gold: $5,000
Includes 4 tickets, full-page program ad and premium firm logo projected on wall at event.Beverage: $3,500SOLD OUT
Includes 2 tickets, signature drink at event bar, and firm logo projected at event.Silver: $1,500
Includes 2 tickets, half-page program ad, and recognition at event.Bronze: $750
Includes 1 ticket and recognition at event.Please contact Bethany Spencer for more information.
Program Ads
The gala program will be distributed to all reception attendees. Congratulate your alma mater, fete a specific team or individual, or show your general support for the talented competitors by purchasing an ad in the commemorative program.
Ad Type Full Page$1,000Half Page$550Please contact Bethany Spencer to purchase an ad.
Ad Specifications
Journal Page Size: 6.5" x 9" with a .0625" border around each ad.
Ads are the following sizes:
- Full Page Ad: 5.875 in (Wide) x 8.375" (High) Live Area
- Half Page Ad: 5.875 in (Wide) x 4.1875" (High) Live Area
Files should be submitted in the following formats:
- High Resolution (300 dpi)
- No crop marks or bleeds
- Please do not e-mail files larger than 6.5 Megabytes (MB)
Due Date for Ad Submissions
Ads should be submitted to Bethany Spencer as soon as possible after purchase. The final deadline for inclusion in the printed program book is Monday, February 11, 2019. No ads can be accepted after this date.Registration Rates
Attendee Type Individual$300*Government$150Moot Court Participants Preliminary-Round Judge$250Brief-Grader$250Team Coach$195Student CompetitorsComplimentary. You will be registered by ABI staff.*Rate increases to $350 on day of event.
Event Information 269730
Monday, January 7
6:00-7:30 p.m.
Opening Reception at KARoo
Sponsored by RISA
Tuesday, January 8
7:30-8:00 a.m.
Registration and Continental Breakfast
8:00-8:15 a.m.
Welcome and Opening Remarks
8:15-9:30 a.m.
Chapter 15 Update: Discovery, Drawbridge, Venue, Parallel Cases and Other Hot Topics in Cross-Border Cases
This panel will discuss recent chapter15 and cross-border cases, including those involving the scope of discovery available to foreign representatives, § 109 eligibility, venue issues and parallel case concerns. The panel will also discuss logistical and practical solutions in running chapter 15 cases.
Hon. Robert A. Mark, Moderator
U.S. Bankruptcy Court (S.D.Fla.); Miami
Gregory S. Grossman
Sequor Law; Miami
Laura R. Hall
Allen & Overy, LLP; New York, NY
Martin Trott
RHSW Caribbean; Grand Cayman, Cayman Islands
9:30-9:45 a.m.
Refreshment Break
9:45-10:45 a.m.
Contracting Out of Bankruptcy: Domestic and International Considerations
This panel will explore the effectiveness (and, sometimes, lack thereof) of creditor strategies to restrict by contract a borrower’s ability to obtain bankruptcy relief, whether by limiting the ability of a corporate borrower to seek bankruptcy relief without certain stakeholder approvals, limiting the type of available bankruptcy relief, choosing which country’s bankruptcy laws will apply to an insolvency proceeding involving the borrower, bankruptcy-remote structuring techniques, and other means. For example, the U.S. Court of Appeals for the Fifth Circuit recently upheld a “golden share” arrangement whereby a creditor was able to prohibit the debtor limited liability company from filing bankruptcy; and in the international realm, choice of law clauses have at times limited a debtor’s ability to obtain relief under the Model Law for Cross-Border Insolvency. This panel will also explore variations in international public policies with respect to restrictions on a borrower’s ability to seek bankruptcy relief.
Zachary H. Smith, Moderator
Moore & Van Allen PLLC; Charlotte
Ingrid Bagby
Cadwalader Wickersham & Taft, LLP; New York
Jeffrey Bast
Bast Amron; Miami
Rebecca Hume
Kobre & Kim LLP; Grand Cayman, Cayman Island
Paul J. Keenan, Jr.
Greenberg Traurig, P.A.; Miami
Brian J. Lohan
Arnold & Porter; Chicago
10:45-11:45 a.m.
Blockchain, Bitcoin and Beyond: Getting Current on Digital Currency
This panel will discuss blockchain and cryptocurrency, focusing on the basic terminology and how various agencies of the U.S. government treat cryptocurrency, in particular the Internal Revenue Service, the Commodity Futures Trading Commission, and the Securities and Exchange Commission. The panel will then examine how security interests in cryptocurrency are perfected under Article 9, and whether transfers of cryptocurrency can be avoided pursuant to 11 U.S.C. § 548 or clawed back as preferences pursuant to 11 U.S.C. § 547, as well as whether interests in cryptocurrency can be claimed exempt under 11 U.S.C. § 522, with a focus on Florida. The panel will also discuss issues concerning whether initial cryptocurrency coin offerings are dischargeable under 11 U.S.C. § 522, how digital currency is changing the way business is conducted, which industries have been early adopters of digital currency, and whether digital currency is here to stay. Finally, the panel will discuss the Cayman perspective on digital currency, as well as current developments and trends.
Hon. Roberta Colton, Moderator
U.S. Bankruptcy Court (M.D. Fla.)
Jude Scott
Cayman Finance; Grand Cayman, Cayman Islands
Alan R. Rosenberg
Markowitz Ringel Trusty & Hartog; Miami
Bryce A. Suzuki
Bryan Cave Leighton Paisner LLP; Phoenix
11:45 a.m.-12:00 noon
Refreshment Break
12:00-1:15 p.m.
Judges’ Roundtable
Patricia Redmond, Moderator
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. Miami, Fl.
6:00-8:00 p.m.
Cocktail Reception
Sponsored by FTI Consulting, Inc.
Bar Sponsored by Kozyak Tropin & Throckmorton, LLWednesday, January 9
7:30-8:00 a.m.
Continental Breakfast
8:00-9:15 a.m.
Concurrent Sessions (2)
US Track: ADR in Cross-Border Insolvency Cases
This panel will discuss the role that alternative dispute resolution (ADR) can and does play in bankruptcy, starting with the tension between bankruptcy and ADR, as all ADR processes conflict with bankruptcy’s goal of centralizing estate administration into a single proceeding. In the U.S., this tension is most prevalent when a creditor seeks to enforce a pre-petition arbitration agreement. The panel will next examine the role that mediation plays in U.S. bankruptcy cases by examining the types of issues and disputes that are amenable to resolution via mediation. Finally, the panel will explore the power and potential of ADR in the cross-border arena, looking at models for how cross-border insolvency issues have been handled procedurally and identifying types of disputes that are well-suited to resolution via ADR.
Prof. Andrew Dawson, Moderator
University of Miami School of Law; Coral Gables, Fla.
Angela L. Baglanzis
Obermayer Rebmann Maxwell & Hippel LLP; Philadelphia
Jack Escher
CB Insolvency, LLC; Swampscott, MA
William Rochelle
American Bankruptcy Institute; New York
Caribbean Track: Insolvency Remedies for Offshore Fraud: Closing the Net on the Bad Guys
Recent developments in offshore law have increased the effectiveness of the tools available to trace and recover assets through the offshore insolvency process. This panel will be conducted in a formal debate style, using the format of first proposition followed by first opposition, then second proposition followed by second opposition. The debates will look at the illegality defense, clawback claims, the dishonesty test and foreign officeholder recognition, among other issues. Each debate will be seven minutes with a four-minute closing, followed by a vote.
Laura Hatfield, Moderator
Solomon Harris; Grand Cayman, Cayman Islands
Shelley White
Walkers Global; Grand Cayman, Cayman Islands
Hugh Dickson
Grant Thornton LLP; Grand Cayman
Scott M. Berman
Friedman Kaplan Seiler & Adelman LLP; New York
Nava Hazan
Squire Patton Boggs; New York
9:15-10:30 a.m.
Concurrent Sessions (2)
US Track: Issues Facing Community and Critical-Access Hospitals: What Is the Answer, and When Is It Too Good to Be True?
What are critical-access hospitals, and why are they important? This panel will discuss alternative solutions to producing additional cash flow for failing hospitals, which need to be closely scrutinized by health care professionals familiar with licensing, reimbursement, anti-kickbacks and patient-brokering limitations. The panel will also cover violations of the False Claims Act, Stark Law and Anti-Kickback Statute, as well as state law cases on patient-brokering and the questioning of medical necessity, clinical laboratory outreach programs, physician employment arrangements involving telemedicine, prescription programs and compounding, criminal statutes and DOJ/state regulator issues, how to reorganize legally, dealing with CMS (Medicare/Medicaid), nongovernmental and third-party commercial payers during a restructuring, and general rules on pass-through billing for outreach programs.
Frank P. Terzo
Nelson Mullins Broad and Cassel LLP; Ft. Lauderdale, Fla.
Carol L. Fox
GlassRatner Advisory & Capital Group LLC; Ft. Lauderdale, Fla.
Elizabeth A. Green
Baker Hostetler; Orlando, Fla.
John Rowland
Baker Donelson Bearman, Caldwell & Berkowitz PA; Nashville, Tenn.
Melissa Scott
Change Healthcare, Indianapolis
Caribbean Track: Strategic Use of Independent Directors in Multi-Jurisdictional Insolvency Proceedings
This panel will explore the roles, responsibilities, benefits and liabilities in using independent directors through multi-jurisdictional insolvency proceedings and will discuss using directors strategically throughout the life of a company. The panelists will explain the three typical stages of a company where directors could be instructed — going concern, insolvency and emergence from a restructuring — then explain the roles and responsibilities at each of these appointments. The session would also overlay the jurisdictional distinctions among various administrative proceedings, including offshore liquidations, U.S. bankruptcy, U.S. receiverships and common law receiverships. The panelists will offer real world examples to show the differences and how the role of the director is utilized, as well as what is at stake for them, the company, the creditors and the investors.
Katherine R. Catanese, Moderator
Foley & Lardner; New York
Joel E. Cohen
Stout Risius Ross, LLC; New York
Casey McDonald
Calderwood, Grand Cayman, Cayman Islands
Michael Pearson
FFP (Cayman) Limited, Grand Cayman, Cayman Islands
Rachael Reynolds
Ogier; Grand Cayman, Cayman Islands
10:30-10:45 a.m.
Refreshment Break
10:45 a.m.-12:00 noon
Concurrent Sessions (2)
US Track: Professional Disclosures in Bankruptcy Cases: The Ethics Face-Off of the Century (Jay Alix v. McKinsey & Co., Inc.)
The duty of complete and candid disclosures by professionals seeking employment in bankruptcy cases goes to the heart of the integrity of the bankruptcy system. After presenting an overview of the disclosure requirements of bankruptcy professionals practicing in the BVI, Cayman Islands and the U.S., two panelists will argue the merits of the key positions being asserted in Jay Alix v. McKinsey & Co., Inc., the high-stakes, disclosure-related lawsuit currently pending in the United States District Court for the Southern District of New York. One hour of Ethics CLE will be provided to attendees.
Christopher A. Jarvinen, Moderator
Richards Kibbe & Orbe, LLP.; New York
Mariaelena Gayo-Guitian
Genovese, Joblove & Battista P.A.; Ft. Lauderdale, Fla.
James C. Tecce
Quinn Emanuel Urquhart & Sullivan, LLP; New York
Peter Tyers-Smith
Kobre & Kim LLP; BVI and Grand Cayman
Caribbean Track: Recent Opinions and Orders Under PROMESA and Their Impact on Puerto Rico’s Future
This panel will examine the effects thus far of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), as well as Puerto Rico’s economy, including where it came from, where it is now and where it is going.
Hon. Enrique S. Lamoutte, Moderator
U.S. Bankruptcy Court (D.P.R.); San Juan
Hon. Brian K. Tester, Moderator
U.S. Bankruptcy Court (D.P.R.) San Juan
Sonia Colón
Ferraiuoli, LLC; Orlando, Fla. and San Juan
Cate Long
Puerto Rico Clearing House, New York
Luisa S. Valle-Castro
C. Conde & Associates; San Juan
Noel Zamot
Infrastructure Revitalization Coordinator for Puerto Rico; San Juan
12:00 noon
Ajourn
Symposium Information
Hotel
Fronting the famous Seven Mile Beach, the Westin Casuarina Resort & Spa is in the heart of Grand Cayman, with easy access to Grand Cayman’s best attractions, including scuba-diving, shopping and golf. ABI has arranged for a special conference rate of $399 single/double. To secure this special rate, reservations must be made by December 10, 2018. The ABI special rate is very limited and is available on a first-come, first-served basis. ABI cannot guarantee availability at the resort. You can make your reservation directly with the hotel by contacting its reservations department at (345) 945-3800 and identifying yourself with the Caribbean Insolvency Symposium/ABI room block.
Travel
The Westin Casuarina Resort & Spa is conveniently located only 10 minutes from Grand Cayman’s Owen Roberts International Airport, which is a short flight from Miami International Airport. U.S. travelers will be required to have a current passport to travel to the island.
Continuing Education Credit
6.25 hours of CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 9.5 hours of CLE credit, including of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state's CLE credit approval regulations and may not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 9.5 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 6.25 hours, of which 1.25 hours will apply to ethics. 9.5 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. For more information regarding administrative policies such as complaints and refunds, 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 [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by December 17, 2018. No refunds will be made if notice is received after December 17, although substitutions will be allowed. After December 17, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Rates
Registration Rates* Early Bird
(by 10/19/18)Regular
(10/20/18-12/7/18)Late
(after 12/7/18)ABI Member$420$470$520Join ABI and Save*$715$765$815ABI Non-Member Rate$795$845$895Govt./Aca. ABI Member$270$320$370Govt./Aca. ABI Non-Member*$365$415$465*Includes a one-year membership for first-time members only — a $325 value! You must be an ABI member to attend. Membership is individual and nonrefundable. If your membership has expired, choose the member rate and add in your renewal fee.
Platinum Sponsors
Gold Sponsors
Baker Donelson Bearman Caldwell & Berkowitz, PA
BakerHostetler
Genovese Joblove & Battista, PA
Harneys
Kozyak Tropin & Throckmorton, LLPReed Smith
Solomon Harris
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PASilver Sponsor
Epiq
FTI Consulting, Inc.
Greenberg Traurig, LLP
McGlinchey Stafford, PLLC
Moore & Van Allen PLLC
Nelson Mullins Broad and Cassel
Patterson Belknap Webb & Tyler LLPBronze Sponsors
Allen & Overy LLP
Ferraiuoli LLC
Foley & Lardner LLP
GlassRatner Advisory & Capital Group LLC
Holland & Knight LLPJenner & Block LLP
Lewis Brisbois Bisgaard & Smith LLP
Marini Pietrantoni Muniz LLC
Markowitz, Ringel, Trusty + Hartog, P.A.Conference Chairs
Rudy J. Cerone, Co-Chair
McGlinchey Stafford, PLLC; New Orleans, LA
Mariaelena Gayo-Guitian, Co-Chair
Genovese Joblove & Battista, PA; Fort Lauderdale, Fla.
Hon. Robert A. Mark, Judicial Chair (Miami)
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Brian K. Tester, Judicial Chair (Caribbean)
U.S. Bankruptcy Court (D. P.R.); San Juan
Advisory Board
Joaquin J. Alemany
Holland & Knight LLP; Miami
Vincent F. Alexander
Lewis Brisbois; Ft. Lauderdale, Fla.
Katherine R. Catenese
Foley & Lardner, LLP; New York
Sonia Colon
Ferraiuoili, LLC; Orlando, Fla.
Carmen D. Conde-Torres
C. Conde & Associates; San Juan, P.R.
Melissa Davis
Kapila Mukamal; Ft. Lauderdale, Fla.
Prof. Andrew B. Dawson
University of Miami School of Law; Miami
Allison Day
Genovese, Joblove & Battista, P.A.; Miami
Carol Fox
Glass Ratner Advisory & Capital Group; New York
Tiffany P. Geyer
Baker Hostetler, LLP; Orlando, Fla.
Gregory S. Grossman
Sequor Law; Miami
Laura S. Hatfield
Solomon Harris; Grand Cayman
Rebecca Hume
Kobre & Kim; Grand Cayman
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Christopher Jarniven
Richards Kibbe & Orbe; New York
Paul Keenan
Greenberg Traurig; Miami
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Edgardo Mangual-Gonzalez
EMG Despacho Legal, CRL; Arena Metro, P.R.
Luis Marini-Biaggi
Marini Pietrantoni Muniz; San Juan, P.R.
Jerry M. Markowitz
Markowitz, Ringel Trusty & Hartog, PA; Miami
Jennifer M. Meyerowtiz
Atlanta, GA
Patricia A. Redmond
Stearns Weaver Miller Weissler Alhadeff & Sitterson PA; Miami
David Samole
Kozyak Tropin & Throckmorton; Coral Gables, Fla.
Zachary H. Smith
Moore & Van Allen PLLC, Charlotte, NC
Frank Terzo
Nelson Mullins Broad & Cassell, Ft. Lauderdale, Fla.
Event Information 270144
Monday, February 18
9:00 a.m.-4:30 p.m.
Competition*
5:00-6:00 p.m.
Symposium**
6:00-6:15 p.m.
Presentation of Shapero Cup Award and Best Oral Advocate Award
6:15 p.m.
Awards Reception
*Timing subject to change based on the number of teams.
**Additional Ticket Required. View "Symposium" Tab for more information.
Join ABI and the committee of The Walter Shapero Bankruptcy Symposium for an educational session following the inaugural Shapero Cup Moot Court Competition. The one-hour symposium will feature speakers below in discussion about the same fact pattern the teams argued earlier in the day. Stay for the awards ceremony and a cocktail reception to congratulate the eight participating teams and network with colleagues.
This event is a great opportunity to connect with area insolvency professionals, engage with expert speakers, and honor our colleague, mentor and friend, Judge Shapero.About Judge Shapero
Hon. Walter Shapero was appointed as a U.S. Bankruptcy Judge for the Eastern District of Michigan in 1988. After serving the full term of his appointment, he continued to serve as a bankruptcy judge in recall status until he retired in September 2016, and always carried full case load. Throughout his judicial career, Judge Shapero was known for his scholarly, intellectually curious and thorough approach to legal issues, and for his gracious, humble and civil approach to all of the lawyers and parties who appeared in his courtroom.
Judge Shapero received his A.B. in 1951 from the University of Michigan and his LL.B. in 1954 from the University of Virginia Law School, where he served as an editorial board member of the Virginia Law Review. He was admitted to the State Bar of Michigan in 1955. In 1954, Judge Shapero clerked for a Michigan Supreme Court Justice before entering in private practice in 1956 with Shapero, Shapero and Cohn, which later became Bromberg, Robinson, Shapero, Cohn and Burgoyne. He concentrated his law practice in real estate and served as an adjunct law professor at both the University of Detroit Law School and Wayne State University Law School.
The Honorable Walter Shapero Bankruptcy Symposium, named in Judge Shapero’s honor for his many years of outstanding service as a bankruptcy judge, is a nonprofit entity dedicated to the advancement of knowledge and understanding of bankruptcy law. Established in 2004, the symposium annually puts on scholarly presentations regarding bankruptcy law.
Featured Speakers
Susan M. Cook
Warner Norcross & Judd LLP; Midland, Mich.
Anthony J. Kochis
Wolfson Bolton PLLC; Troy, Mich.
Hon. Daniel S. Opperman
Chief Judge of the Bankruptcy Appellate Panel for the 6th Circuit
U.S. Bankruptcy Court (E.D. Mich.); Bay City
Location
U.S. District Courthouse
231 W. Lafayette Boulevard
Room 115
Detroit, Mich.Schedule
Monday, February 18, 2019
5:00 p.m. Symposium*
6:00 p.m. Presentation of Shapero Cup Award and Best Oral Advocate Award
6:15 p.m. ReceptionTickets
Tickets: $25 each*
*Includes 1 hour of CLE (pending). CLE will only be offered for IL, IN, MI, OH, and WI.
Competition Information
The inaugural Shapero Cup Regional Moot Court Competition (the “Regional”) is scheduled for Monday, February 18, 2019, at the U.S. Bankruptcy Courthouse in Detroit.
The Regional is open to law schools from the Sixth Circuit and is designed in part to serve as formal practice for law school teams competing in the Duberstein Moot Court Competition at St. John’s University School of Law in New York City in March (the “Duberstein Competition”). The Regional is not an elimination round for the Duberstein Competition. Rather, it is an opportunity for the student advocates to hone their skills on the same case problem they will argue in New York. The Shapero Cup will be judged by leading members of the bench and bar.
For the Regional, teams do not need to submit briefs. Each team will argue in the preliminary round, with one argument for the petitioner and one argument for the respondent. The two teams with the highest average score in the preliminary round will advance to the final round.
Awards will be given at the Regional, which will include the Shapero Cup for the first-place team and a plaque for the top oralist.
To participate, please review the Official Rules and return the completed application to Bethany Spencer at [email protected].
Planning Committee
Allison R. Bach
Dickinson Wright PLLC
Michael E. Baum
Schafer & Weiner, PLLC
Leslie Berg
Office of the U.S. Trustee
Ian Bolton
Ian Bolton Law Group
Kelley Callard
Office of the U.S. Trustee
Sean M. Cowley
Office of the U.S. Trustee
Ethan Dunn
Maxwell Dunn, PLC
Lisa Sommers Gretchko
Howard & Howard
Wallace M. Handler
Sullivan, Ward, Asher & Patton, P.C.
David A. Lerner
Plunkett Cooney, P.C.
Craig S. Schoenherr, Sr.
O'Reilly Rancilio P.C.
Hon. Phillip J. Shefferly, Chief Judge
U.S. Bankruptcy Court (E.D. Mich.)
Official Rules
QUALIFICATIONS/NATURE OF EVENT
Any accredited law school located in the Sixth Circuit (Michigan, Kentucky, Ohio and Tennessee) may enter one or two teams to participate in the Regional. The event is designed to serve as formal practice for the Sixth Circuit law schools that are competing in the 2019 Duberstein Competition.
TEAMS
NUMBER AND COMPOSITION OF TEAMS
Each participating school may enter up to two teams composed of two or three students each. All team members must be enrolled at the school that they represent at the time of the competition.
SUBSTITUTION OF TEAM MEMBERS
There shall be no substitution of team members after the Application Form is submitted, except upon written permission from the Regional.
BRIEFS
There shall be no brief submissions for the Regional. Competitors are scored on oral advocacy only.
ARGUMENTS
ROUNDS
- IN GENERAL. Each team will argue in the preliminary round, with one argument for the petitioner and one argument for the respondent. The two teams with the highest scores in the preliminary round will advance to the final round.
- PAIRINGS OF TEAMS. Pairings in the preliminary round will be chosen at random.
- TIME AND PLACE. Oral arguments will take place on February 18, 2019, at the U.S. Bankruptcy Courthouse in Detroit.
ANNOUNCEMENT OF WINNING TEAM
The winner of the 2019 Shapero Cup will be announced at the Awards Reception.
SCORING
The scores for each round will be based on oral argument.
LENGTH OF ARGUMENTS
Each team is limited to thirty (30) minutes of oral argument. Two (2) team members will argue in each round. How the thirty (30) minutes allotted for the argument is divided among team members may be made at the discretion of the team, but no team member shall be apportioned less than ten (10) minutes for oral argument. The petitioner may reserve up to three (3) minutes of rebuttal time prior to the commencement of the argument. Teams that reserve rebuttal time shall notify the judges and/or bailiff on how to deduct rebuttal time. Time reserved for rebuttals shall be counted as part of the thirty (30) minutes allotted for the argument. Judges reserve the right to allow for additional time at their discretion.
BEST ORAL ADVOCATE
The competitor with the highest mean (average) score for oral argument will be chosen as the best oral advocate. The winner of the best oral advocate award will be announced at the Awards Reception.
OTHER RULES
ATTENDING OTHER ARGUMENTS
No team member, coach or faculty adviser of a team participating in the Regional may attend an argument of any other team during the preliminary round. The number of attendees to each argument is limited to the competing team members, their families, and two coaches or two faculty advisors. All participants may attend, and are strongly encouraged to attend, the final round.
COMMUNICATION DURING ROUNDS
There shall be no communication in any form from any member of the audience, including other team members sitting in the audience, once a round has begun.
PENALTIES/AMENDMENTS
The Regional may assess such penalties, including disqualification, as it deems reasonable and appropriate for any failure to comply with the foregoing rules. Any decisions, penalties or other actions taken by the Regional will be final and binding on all participants. The Regional reserves the right to make and implement any further rules and procedures deemed advisable for the conduct of this event.
EVENT CONTACT
Bethany Spencer, CMP
American Bankruptcy Institute
[email protected]Competing Schools
Case Western Reserve University
Michigan State University (2 teams)
The Ohio State University
University of Memphis (2 teams)
University of MichiganPatron Sponsors
Benefactor Sponsor
Host Sponsor
Supporting Sponsors
Gold Lange & Majoros, P.C.
Plunkett Cooney
Hon. Steven Rhodes (Ret.)Friend
Wolfson Bolton PLLC
For sponsorship opportunities, please download the form and return to Bethany Spencer.
Event Information 270574
Thursday, January 17
8:30 a.m.
Registration & Continental Breakfast
Sponsored by Ziegler
9:00-9:15 a.m.
Welcome Remarks
Suzanne A. Koenig
SAK Management Services, LLC; Riverwoods, Ill.
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
9:15-9:45 a.m.
Deregulation in the Current Political Environment.
This talk will kickoff the Symposium with his take on deregulation in the current political environment, with specific emphasis on Healthcare and Pharma. He'll also specifically address Judge Reed O'Connor's ruling this month holding the Affordable Care Act unconstitutional, and what that ruling might mean for the future of healthcare.
Donald F. McGahn II
Washington, D.C.
9:45-10:45 a.m.
The Changing Delivery of Health Care: Who Will Be the Winners and Losers?
With Amazon, Walmart and others entering the health care market and partnering with established players, there will be winners and losers as health care businesses navigate the changing delivery of care — from the minute clinics to telemedicine to concierge medicine to whatever might be coming next. This panel will provide an overview of the changes in the delivery of health care, including the legal implications of those changes such as privacy concerns, security breaches, antitrust implications and other legal challenges as the law tries to catch up with innovation.
Wayne P. Weitz, Moderator
Hammond Hanlon Camp LLC; New York
Singleton A. Cox
DaVita Inc.; New York
Paige Dworak, FACHE
Prospect Medical Holdings, Inc. / East Orange General Hospital; East Orange, N.J.
Jeffrey A. Kraut
Northwell Health; New York
10:45-11:00 a.m.
Refreshment Break
Sponsored by Porzio, Bromberg & Newman, P.C.
11:00 a.m.-12:00 noon
Health Care Investing: Where Do You Put Your Money to Work?
How do investors and lenders view the health care services industry? Investors will outline criteria for investing in deals, identify key trends and issues, and provide various return characteristics regarding their investments by type of investment. The lenders will outline their views of risk within the various sectors, outline their views of the current state of the market, provide general terms regarding their specific products, and provide a general overview of how their loans are performing. There also will be a focus on some of the more challenging sectors of the industry, particularly hospitals, senior housing and post-acute care. Finally, this panel will highlight the legal challenges in structuring a health care loan, how to attempt to isolate liabilities, and how to recover your money when you need to take legal action on account of defaults, including navigating complex regulations when dealing with patients, records and medical waste, as well as the complexities of a restructuring.
John R. Weiss, Moderator
Duane Morris LLP; Chicago
Kjerstin Hatch
Lapis Advisers; Larkspur, Calif.
Evelyn Lee
SunTrust Bank; Washington, D.C.
Helen Quick
Locust Point Capital; Washington, D.C.
Jason Simmers
Ventas, Inc.; Chicago
Mike Taylor
First Midwest Bank; Chicago
12:00-1:30 p.m.
Keynote Luncheon: Essentials of Real Health Reform
The biggest obstacle to real health care reform is not political fighting or Washington interest groups; it is that the system works to spend as much money as possible — and often gets the wrong outcome.
Howard B. Dean, III
Dentons; Washington, D.C.
1:45-2:45 p.m.
Show Me the Money: Navigating the Reimbursement Web
Most health care businesses rely on Medicare, Medicaid and insurance company monies. As a result, understanding the reimbursement system is key to a business’s success or failure. Business leaders on the provider and managed-care side will discuss the rates and pressures on health care businesses, including in insurance company mergers/renegotiations of contracts, and the impact of hospital readmissions, fraud and ACOs. Other panelists will provide a detailed overview of the legal framework, structure and pitfalls of the reimbursement system, including regulatory dos and don’ts and how to keep the money flowing during a restructuring (whether in or outside of bankruptcy).
David Gordon, Moderator
Polsinelli; Atlanta
Stephen N. Clapp
Curae Health, Inc.; Clinton, Tenn.
Marshall Glade
GlassRatner; Atlanta
Bert Orlov
EisnerAmper LLP; New York
2:45-3:00 p.m.
Refreshment Break
Sponsored by EisnerAmper LLP
3:00-3:55 p.m.
Hear from the CEOs: What Keeps Them Up at Night?
CEOs share their insights on the challenges facing the industry, the new innovations that will transform the industry, and how health care policy is expected to change, when it will change, what needs to change, and how politics plays into all of this!
Samuel R. Maizel, Moderator
Dentons; Los Angeles
Paige Dworak, FACHE
Prospect Medical Holdings, Inc. / East Orange General Hospital; East Orange, N.J.
Marc Ferrell
Bridgepoint Healthcare; Washington, D.C.
Robert J. Henkel
Former CEO of Ascension; St. Louis, Mo.
4:00-5:00 p.m.
The Next Big Wave in Health Care Restructurings
This panel of experts will leave conference attendees with key takeaways that will help them know where to find their next opportunities. These experts will highlight the financial and legal issues facing the distressed sectors of the industry that you need to know as you work through the restructuring issues facing these sectors.
Elizabeth A. Green, Moderator
BakerHostetler; Orlando, Fla.
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Louis E. Robichaux IV
Ankura Consulting Group, LLC; Dallas
Matthew J. Ryan
Houlihan Lokey; Chicago
5:15-7:00 p.m.
Networking Reception
Hyatt Regency Washington on Capitol Hill
Conference Rates
Registration Rates Early
(by 11/9/18)Regular
(11/10/18-1/4/19)Late
(after 1/4/19)ABI Member/Non-Member $445$495 $545Join and Save* $740$790 $840Govt./Aca. ABI Member $295$345 $395Govt./Aca. New ABI Member* $390$440 $490* 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.
Exhibitor Rates
ABI Member Exhibitor Registration** $1,000New ABI Member Exhibitor Registration*** $1,295Additional Booth Representative $500**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 (a $325 value).
Conference Information
Location
Georgetown University Law Center
Hart Auditorium, First Floor
600 New Jersey Avenue NW
Washington, DC 20001IMPORTANT: All visitors to the Law Center must enter through the second-floor entrance facing New Jersey Avenue.
Hotel Reservations
We recommend the following hotels within walking distance of the Law Center:
Hyatt Regency Washington on Capitol Hill
400 New Jersey Avenue NW
Washington, DC 20001
202-737-1234 or 800-233-1234When calling the Hyatt for reservations, please request the Georgetown University volume rate, or use Corporate or Group Code 58549 online. https://goo.gl/oveidY
The Hotel George
15 E Street NW
Washington, DC 20001
202-347-4200 or 800-546-7866When booking online, use Corporate ID 100229700 to receive the Georgetown rate. www.hotelgeorge.com
Liaison Capitol Hill DC
415 New Jersey Avenue NW
Washington, DC 20001
(888) 513-7445 (Reservations)
[email protected] (Reservations)When making reservations, mention the Corporate/Promotion Code GEORGETOWN.
When booking online, receive the discount with the following link: https://goo.gl/gRWhC1Parking Information
Due to the limited amount of parking available, the Georgetown University Law Center cannot provide parking for programs held there. Disabled persons may make arrangements to park at the Law Center by calling (202) 662-9330. We encourage attendees to take Metro or a taxi to the program. Drivers can use the following nearby parking garages:
Union Station Parking Garage
50 Massachusetts Avenue NE
Washington, DC 20002
(202) 371-9441Marcparc Parking Garage
601 New Jersey Avenue NW
Washington, DC 20001
(202) 789-4000Continuing Education
Accreditation has been or will be requested for this program from states with mandatory Continuing Legal Education requirements for 4.0 CLE credits (based on a 60-minute credit hour) and 4.8 CLE credits (based on a 50-minute credit hour). Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown Law CLE is a State Bar of California-approved MCLE provider. Some states require nominal accreditation fees, and you will be asked to submit payment at the program’s conclusion. If you have any questions about CLE, please contact Georgetown Law CLE at (202) 662-9890.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by December 27, 2018. No refunds will be granted after December 27, but substitutions will be allowed. After December 27, 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.
Disclaimer
Speakers are subject to change.
Services for People with Special Needs or Dietary Restrictions Call (202) 662-9890 or email [email protected] with your requests.
Chairs
Suzanne A. Koenig
SAK Management Services, LLC; Riverwoods, Ill.
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Advisory Board
David Gordon
Polsinelli; Atlanta
Andrew C. Helman
Murray Plumb & Murray; Portland, Maine
Don Husi
Ziegler Investment Bank; Nashville, Tenn.
Warren J. Martin, Jr.
Porzio, Bromberg & Newman, P.C.; Morristown, N.J.
Matthew J. Murer
Polsinelli; Chicago
Naomi O’Dell
RBC Capital Markets, LLC; Chicago
Paul Rundell
Alvarez & Marsal Healthcare Industry Group, LLC; Chicago
Steven Shill
BDO USA, LLP; Costa Mesa, Calif.
Allen D. Wilen
EisnerAmper LLP; Iselin, N.J.
Event Information 270751
Wednesday, February 27
9:30 a.m.-3:45 p.m.
Complex Financial Restructuring Program at VALCON 2019
For the first time in 10 years, ABI’s Complex Financial Restructuring Program is back in Las Vegas!
This program offers a unique approach to understanding the role of investment bankers and financial advisors in insolvency and restructuring. A case study will be presented as faculty members play the role of major constituents and dramatize the various perspectives of parties-in-interest. If you advise clients on restructuring issues, then join us early for this one-of-a-kind program.
You can register for both programs via the VALCON Register Now button.2:00 p.m.
Registration Opens
3:30-3:40 p.m.
Welcoming Remarks
3:40-4:00 p.m.
Case Study Prep Session
4:00-5:30 p.m. (1.50 hrs.)
Case Study in Conjunction with the 2019 Complex Financial Restructuring Program: Valuing and Restructuring Distressed Companies in the Face of Financial and Operational Headwinds
This panel will use a case-study approach and mock negotiations to work through restructuring options for a company experiencing significant financial and operational headwinds. The case focuses on issues related to strategy, valuation and the legal rights and remedies of the company, the company’s lenders and creditors.
Michael Friedman, Moderator
Chapman and Cutler LLP; New York
Larry G. Halperin
Chapman and Cutler LLP; New York
Prof. C. Randel Lewis
University of Denver Daniels College of Business; Denver
Prof. David C. Smith
University of Virginia McIntire School of Commerce; Charlottesville, Va.
5:30-6:30 p.m.
Opening Networking Reception with the Participants of the 2019 Complex Financial Restructuring Program
Join us for drinks and hors d’oeuvres with faculty and participants.
Thursday, February 28
8:00-8:45 a.m.Registration and Networking Breakfast
8:00 a.m. - 5:15 p.m.
All Day Coffee
Sponsored by Fox Rothschild LLP.
8:45-9:00 a.m.
Welcoming Remarks
9:00-10:00 a.m. (1.00 hr.)
Hot Topics in Valuation & Creditworthiness Analyses
This session will discuss the latest developments and court experiences on quantitative financial distress/bankruptcy-prediction models, rating-agency determinations of expected recovery, and the valuation of liens. It will also explain why certain issues such as market efficiency, so far confined to the Delaware Chancery Court, are likely to soon migrate to the arena of bankruptcy litigation.
Prof. Israel Shaked, Moderator
Boston University/The Michel-Shaked Group; Boston
Dr. William Chambers
Fathom Analytics; Charlottesville, Va.
Dr. Faten Sabry
NERA Economic Consulting; New York
Bradford J. Sandler
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
10:00-11:00 a.m. (1.00 hr.)
VALCON Talks
Based on the incredibly popular “TED Talks” format, VALCON Talks will feature seasoned experts providing their views on several valuation topics.
Jack Butler, Moderator
Birch Lake Holdings, LP; Chicago
What’s Wrong with Chapter 11?
Why doesn’t chapter 11 work the way Congress intended it to when they created it in 1978 and as amended? Why do businesses avoid it until it’s too late, and why do most cases end up being a 363 sale rather than a reorganization?
Prof. Charles J. Tabb
University of Illinois College of Law; Champaign, Ill
Do Private Equity and Hedge Funds Save or Kill Distressed Businesses?
Even as public markets rose worldwide over the last several years — the S&P 500 shot up by more than 20 percent, as did other major indices—investors continued to show interest and confidence in private markets. Private asset managers raised a record sum of nearly $750 billion globally in 2017, extending a cycle that began eight years ago. Fully 90 percent of fund investors said recently that private equity, the largest private asset class, will continue to outperform public markets and provide substantial (and critical) financing and liquidity to distressed businesses. Yet bankruptcy collapses like Toys R Us demonstrate that liquidation is often the best option for the controlling investors -- which may then be the public debt bondholders rather than the private equity funds who have already extracted value through fees, dividend recaps and other devices leaving what was an imperfect but functioning company on life support to be liquidated. What’s the verdict on PE and Hedge Fund investment in distressed M&A transactions: a life line or a death warrant?
Elizabeth I. Holland
Abbell Associates; Chicago
Pilar Tarry
AlixPartners LLC; Southfield, Mich
11:00-11:15 a.m.
Coffee Break
Sponsored by Development Specialists, Inc.
11:15 a.m.-12:15 p.m. (1.00 hr.)
Lessons Learned from Contested Solvency and Valuation Trials
The panel will address a host of recurring issues, including (1) valuing non-cash-flowing and underperforming assets, (2) best practices to determine comparability, (3) best practices for the weighting of multiple methodologies, and (4) best practices for challenging/supporting projections. The panel will focus on recent bankruptcy cases and present views from financial, legal, investor and judicial perspectives.
Rachel Jaffe Mauceri, Moderator
Morgan, Lewis & Bockius LLP; Philadelphia
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Adam B. Keil
Moelis & Company; New York
Mark P. Kronfeld
BlackRock |Tennenbaum Capital Partners; New York
12:15-12:45 p.m.
Luncheon
Sponsored by KCC
12:45-1:45 p.m. (1.00 hr.)
Luncheon Keynote Presentation
Sponsored by KCC
The Keynote Luncheon presentation will feature a bipartisan discussion by former Senator Byron Dorgan and former Congressman Phil English on the 2018 elections and what they mean for business and investing.
Jon S. Bouker, Moderator
Arent Fox LLP; Washington, D.C.
Byron Dorgan, former U.S. Senator (D- N.D.)
Arent Fox LLP; Washington, D.C.
Philip S. English, former U.S. Congressman (R-P.A.)
Arent Fox LLP; Washington, D.C.
1:45-2:00 p.m.
Refreshment Break
2:00-3:00 p.m. (1.00 hr.)
The Impact of the Tax Reform Bill on Valuations
Luchanna Hall, Moderator
BDO USA, LLP; Los Angeles
John Chase
Dorsey & Whitney LLP; Palo Alto, Calif
Richard Law
Alvarez & Marsal; New York
Lisa Meekins
KPMG LLP; Chicago
John Narducci
Orrick; New York
3:00-3:15 p.m.
Refreshment Break
Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP
3:15-4:15 p.m. (1.00 hr.)
Estimating the Value of Causes of Action for Purposes of Plan Releases in Chapter 11 Plan-Support Agreements
This panel will discuss valuing releases granted to third parties in both the chapter 11 plan context and in the context of restructuring support agreements. Our discussion will look at both the legal standard necessary to obtain approval of the releases, the means and methods by which restructuring professionals can and should value those releases, and best practices for determining whether or not the value of the releases supports the causes of action that will be waived.
Jeffrey N. Rothleder, Moderator
Squire Patton Boggs (US) LLP
Beth Brownstein
Arent Fox LLP; New York
Leah M. Eisenberg
Foley & Lardner LLP; New York
David MacGreevey, CIRA
AlixPartners; New York
Michael Vitti
Duff & Phelps, LLC; Morristown, NJ
4:15-5:15 p.m. (1.00 hr.)
Valuing Debtors Still in Development: The Pre-Earnings Conundrum
Not all new ventures finance their development with equity capital; some companies access debt capital even before achieving earnings stability. A stumble on the road to profitability can lead to distress, insolvency and bankruptcy, as was observed in cases like SunEdison and LightSquared, as well as in several recent biotech and E&P-related bankruptcies. Once distress sets in, traditional valuation methodologies can become challenging to implement, especially for litigation purposes. This panel will consider how parties and, in turn, bankruptcy courts should consider valuation issues respecting debtors that falter while still in the developmental stage.
Robert J. Stark, Moderator
Brown Rudnick LLP; New York
Adam Dunayer
Houlihan Lokey; Dallas
Steven J. Fleming, CIRA, CDBV
PwC; New York
Ross Waetzman
Gavin/Solmonese LLC; Wilmington
Allen D. Wilen
EisnerAmper LLP; Iselin, NJ
5:15-6:45 p.m.
Networking Reception
Join us for drinks and hors d’oeuvres with faculty and participants.
Friday, March 1
8:00-8:30 a.m.
Networking Breakfast
8:25-8:30 a.m.
Welcoming Remarks
8:30-9:30 a.m. (1.00 hr.)
Judicial Panel
Join us for a discussion on hot topics and recent developments on valuation issues in bankruptcy.
Patricia B. Tomasco, Moderator
Jackson Walker; Houston
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. David R. Jones
U.S. Bankruptcy Court (S.D. Tex.); Houston
Hon. Mary F. Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington
9:30-9:45 a.m.
Coffee Break
Sponsored by Baker Tilly Virchow Krause, LLP and WilmerHale
9:45-10:45 am (1.00 hr.)
Preparing for Direct and Cross-Examination Testimony as a Valuation Expert
During this session, this distinguished panel will examine the art of preparing to put on contested valuation testimony (direct and cross). The panelists have approximately a combined century of experience and will engage in a lively back-and-forth on recurring issues and themes that arise in the valuation of enterprises and assets.
Van C. Durrer II, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP; Los Angeles
Derek C. Pitts
PJ Solomon; New York
Ian Ratner
GlassRatner Advisory & Capital Group LLC; Atlanta
Hon. Mary F. Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington
10:45-11:45 a.m. (1.00 hr.)
Duties of PE-Controlled Board Members, Their Counsel, and Valuation Advisors
This session will explore the unique fiduciary-duty and ethical issues confronted by board members of distressed companies that are owned and controlled by private-equity sponsors, including the impact of multitranche and unitranche financing structures, contractual-duty limitations and exculpations, and the issues confronted by valuation advisors in these situations.
Kenneth J. Malek, CIRA, CDBV, Moderator
MalekRemian LLC; Libertyville, Ill.
Thomas J. Allison
Portage Point Partners; Chicago
Hon. Bruce A. Markell (ret.)
Northwestern University; Chicago
Peter S. Partee Sr.
Hunton Andrews Kurth; New York
Adam Pilchman
PJT Partners; New York
11:45 a.m.
Adjourn
Co-Chairs
Patricia B. Tomasco
Jackson Walker; Houston
Jack F. Williams
Baker Tilly Virchow Krause, LLP; Atlanta
Advisory Board
Steven M. Abramowitz
Vinson & Elkins LLP; New York
George P. Angelich
Arent Fox LLP; New York
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP; New York
Jack Butler
Birch Lake Holdings, LP; Chicago
R. Brian Calvert
Development Specialists, Inc.; Los Angeles
Sylvia Cho
Grant Thornton LLP; Chicago
Steven Cimalore
Wilmington Trust; Wilmington, Del.
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Stephen B. Darr
Huron Consulting Group Inc.; Boston
Robert J. Dehney
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Adam Dunayer
Houlihan Lokey; Dallas
Van C. Durrer, II
Skadden, Arps, Slate, Meagher & Flom LLP; Los Angeles
Leah M. Eisenberg
Foley & Lardner LLP; New York
Steven J. Fleming
PwC; New York
Gregory W. Fox
Goodwin Procter LLP; New York
Michael Friedman
Chapman and Cutler LLP; New York
Samuel J. Gerdano
American Bankruptcy Institute; Alexandria, Va.
Andrew N. Goldman
WilmerHale; New York
Bradley E. Henn
FTI Consulting, Inc.; New York
David M. Hillman
Schulte Roth & Zabel LLP; New York
Gary T. Holtzer
Weil, Gotshal & Manges LLP; New York
Diana A. Hopkins
BDO USA, LLP; New York
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Robert Jordan
KCC; New York
Adam B. Keil
Moelis & Company; New York
Teresa C. Kohl
SSG Capital Advisors, LLC; New York
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Kenneth J. Malek
MalekRemian LLC; Libertyville, Ill.
Rachel Jaffe Mauceri
Morgan, Lewis & Bockius LLP; Philadelphia
Deirdre A. McGuinness
Epiq; New York
Thomas A. Morrow
Association of Insolvency & Restructuring Advisors; Franklin, Mich.
Patrick J. Nash, Jr.
Kirkland & Ellis LLP; Chicago
Allen Pfeiffer
Duff & Phelps, LLC; Morristown, N.J.
Barry G. Radick
Alvarez & Marsal; New York
Ian Ratner
GlassRatner Advisory & Capital Group LLC; Atlanta
Michael P. Richman
Steinhilber Swanson LLP; Madison, Wis.
Jeffrey N. Rothleder
Squire Patton Boggs (US) LLP
Dr. Faten Sabry
NERA Economic Consulting; New York
Prof. Israel Shaked
Boston University/The Michel-Shaked Group; Boston
Robert J. Stark
Brown Rudnick LLP; New York
Thomas Studebaker
AlixPartners LLP; Boston
Ross Waetzman
Gavin/Solmonese LLC; Wilmington, Del.
Shai Y. Waisman
Prime Clerk; New York
Antony Walker
CR3 Partners LLC; Dallas
Steven T. Waterman
Dorsey & Whitney LLP; Salt Lake City
Allen D. Wilen
EisnerAmper LLP; Iselin, N.J.
Conference Information
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 and AIRA have arranged a special conference rate of $249 per night from February 26-March 1, 2019. Reservations must be made directly with the hotel prior to January 25, 2019, to take advantage of the special conference rate. In order to be eligible for the group rate, reservations may be made only 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 any rooms after the specially rated ABI/AIRA block is filled.
Travel
Air: Fly into McCarran International Airport (LAS).
Ground: Avis car rental discounts are available using Avis Worldwide discount number (J789009). Call (800) 331-1600, or book online at www.avis.com.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 February 6, 2019. No refunds will be granted after February 6, but substitutions will be allowed. After February 6, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
11.5 hours of CLE credit, including 1 hour of ethics, are pending in states calculating CLE on a 60-minute hour, and 13.8 hours of CLE credit, including 1.2 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 13.5 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 11.5 hours, of which 1 hour will apply to ethics. 13.5 hours of CPE credit, including 1 hour of ethics, are also available. Turnaround Professionals: Certificates of attendance will be available for CPE credits.
*ABI and AIRA offer 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.
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, ABI may allow the individual to work at the 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. Financial assistance is available for this program; all applications for financial assistance must be submitted by January 18, 2019. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].
Event Sponsors
Special Thanks
We extend our special thanks to AlixPartners LLP for the conference internet, Chapman and Cutler LLP for the hotel keycards, CR3 for the pocket agenda, CR3 for the ABILive daily conference e-Newsletter, Fox Rothschild LLC for the All Day Coffee station, FTI Consulting, Inc. for the Hydration Station and water bottles, Morris, Nichols, Arsht & Tunnell LLP for the cell phone charging station, PricewaterhouseCoopers LLP for the lanyards, Sherwood Partners, Inc./ agencyIP for the Exhibit Hall sponsorship, Wilmington Trust for the tote bags.
VALCON 2019 Registration Rates
Registration Rates Early
(by 12/21/18)Regular
(12/22/18-2/8/19)Late
(after 2/8/19)ABI/AIRA Member $745$795 $845Gov't./Aca./Nonprofit ABI/AIRA Member $345$395 $445New ABI/AIRA Member* $1,070$1,120 $1,170New Gov't./Aca./Nonprofit ABI/AIRA Member* $440$490 $540**Includes a one-year ABI and AIRA membership for first-time members only — a $620 value! You must be an ABI or AIRA 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.
VALCON 2019 & CFRP 2019 Joint Registration Rates
Registration Rates Early
(by 12/21/18)Regular
(12/22/18-2/8/19)Late
(after 2/8/19)ABI/AIRA Member $995$1075 $1125Gov't./Aca./Nonprofit ABI/AIRA Member $550$600 $650New ABI/AIRA Member* $1,320$1,400 $1,450New Gov't./Aca./Nonprofit ABI/AIRA Member* $645$695 $745*Includes a one-year ABI and AIRA membership for first-time members only — a $620 value! You must be an ABI or AIRA 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.
AIRA Members: To register at the member rate, please contact the ABI Accounting office at 703-739-0800 or by emailing Allyson Donohue at [email protected]
Event Information 270752
Wednesday, February 6
2:00 p.m.
Registration Open
2:45-3:00 p.m.
Opening Remarks
3:00-4:15 p.m.
Plenary Session
Great Debates
Leonard H. Gilbert, Moderator
Holland & Knight LLP; Tampa
Resolved: Use of the phrase "with respect to the debtor" in 11 U.S.C. § 362(c)(3) makes this provision applicable to termination of the automatic stay only as it relates to actions against the debtor and property of the debtor; this provision does not terminate the stay as to actions against property of the estate.
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Catherine P. McEwen
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Resolved: Restrictions on a debtor’s authority to file bankruptcy should be enforced.
G. Eric Brunstad, Jr.
Dechert LLP; Hartford, Conn.
Michael P. Richman
Steinhilber Swanson LLP; Madison, Wis.
4:15-4:25 p.m.
Refreshment Break
4:25-5:40 p.m.
Plenary Session
Dealing with Difficult Clients: The Liars, the Cheats and the Scoundrels
This panel will address the psychology, mindfulness and strategies for dealing with tough clients and tough ethical issues.
Hon. John K. Olson, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Fort Lauderdale
Paul J. Battista
Genovese Joblove & Battista, PA; Miami
Prof. Roberta Kemp Flowers
Stetson University College of Law; Gulfport
Loretta O’Keeffe
Gibbons | Neuman; Tampa
Lanse Scriven
Lanse Scriven Law; Tampa
5:45-7:00 p.m.
Opening Reception
Sponsored by BakerHostetler
Bar Sponsored by Adams and Reese LLP
7:00-9:00 p.m.
VIP Dinner(by invitation only)
Thursday, February 7
8:00 a.m.-4:30 p.m.
Exhibit Hall Open
8:00-8:30 a.m.
Continental Breakfast
Sponsored by Kozyak Tropin & Throckmorton, LLP
8:30-8:45 a.m.
Welcome by Program Chairs
8:45-10:15 a.m.
Plenary Session
A Primer on Digital Currency and Blockchain
This session will cover what everyone needs to know about digital currency and blockchain, and how it will impact future bankruptcy practice.
Hon. Roberta A. Colton, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Robert A. Cox, Jr.
Bradley Arant Boult Cummings LLP; Charlotte, N.C.
John B. Hutton, III
Greenberg Traurig, LLP; Miami
Stephanie C. Lieb
Trenam Law; Tampa
Robert A. Musiala, Jr.
BakerHostetler; Chicago
10:15-10:30 a.m.
Refreshment Break
10:30 a.m.-12:00 noon
Concurrent Breakouts (2)
Business Session
Business Bankruptcy Legal Update
Hon. Robert A. Mark, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Miami
Adam L. Alpert
Bush Ross, P.A.; Tampa
Justin M. Luna
Latham, Shuker, Eden & Beaudine, LLP; Orlando
Michael C. Markham
Johnson Pope Bokor Ruppel & Burns, LLP; Tampa
Leanne M. Prendergast
FisherBroyles, LLP; Jacksonville
Consumer Session
Consumer Bankruptcy Legal Update
Hon. Caryl E. Delano, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Alane A. Becket
Becket & Lee, LLP; Malvern, P.A.
Robert B. Branson
BransonLaw, PLLC; Orlando
Gregory A. Champeau
Champeau Law, P.A.; Naples
Kelley M. Petry
Kelley M. Petry, P.A.; Tampa
12:00-1:30 p.m.
Paskay Memorial Luncheon and Keynote
Sponsored by Stichter, Riedel, Blain & Postler, PA
Be on Alert! Identity Theft and Hacking
How can you prevent identity theft and hacking, and what can you do when either one strikes you or your clients? This keynote will alert you to techniques for preventing and resolving these destructive actions.
Mark Lanterman
Computer Forensic Services, Inc.; Minneapolis
1:30-1:45 p.m.
Refreshment Break
1:45-3:15 p.m.
Concurrent Breakouts (2)
Business Session
Dealing with Government Agencies in Chapter 11 (SEC, IRS, PBGC, FCC and UST)
Hon. Cynthia C. Jackson, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Orlando
Margaret M. Newell, Assistant Director
United States Department of Justice; Washington, D.C.
Stephen D. Busey
Smith Hulsey & Busey; Jacksonville
Suzanne Kelly
EisnerAmper; New York
T. Patrick Tinker
Office of the U.S. Trustee; Wilmington, Del.
Consumer Session
Discharge and the Automatic Stay
Hon. Erik P. Kimball, Moderator
U.S. Bankruptcy Court (S.D. Fla.); West Palm Beach
Rudy J. Cerone
McGlinchey Stafford, PLLC; New Orleans
Cynthia E. Lewis
Lewis & Monroe PLLC; Clermont
Michael A. Nardella
Nardella and Nardella, PLLC; Orlando
Nicole M. Noel
Kass Shuler, P.A.; Tampa
3:20-4:50 p.m.
Plenary Session
ADR in Bankruptcy
This panel will discuss the enforcement of arbitration clauses and the dos and don’ts of mediation — as well as using ADR to best advance your clients’ interests.
Hon. Shon Hastings, Moderator
U.S. Bankruptcy Court (D. N.D.); Fargo
Russell M. Blain
Stichter, Riedel, Blain & Postler, P.A.; Tampa
Courtney A. McCormick
McGuireWoods LLP; Jacksonville
Bradley M. Saxton
Winderweedle, Haines, Ward & Woodman, P.A.; Winter Park
Lynn Welter Sherman
Adams and Reese LLP; Tampa
5:00-6:00 p.m.
Happy Hour Networking
Sponsored by Bradley Arant Boult Cummings LLP and Bush Ross, PA
6:30-8:30 p.m.
Optional Event: Networking Dinner
IWIRC-Florida Networking Dinner at Jackson's Bistro, Bar & Sushi
Details on Optional Events page.
7:30-10:30 p.m.
Optional Event: Tampa Bay Lightning vs. St. Louis Blues Hockey Game
Suite and tickets donated by Shumaker, Loop & Kendrick, LLP
All proceeds from ticket sales will benefit The Anthony H.N. Schnelling Endowment Fund.
Friday, February 8
8:00-8:45 a.m.
Continental Breakfast
8:45-9:00 a.m.
Opening Remarks
9:00-10:15 a.m.
Plenary Session
ABI Talks: The Most Important Bankruptcy Supreme Court Case Ever
John B. Macdonald, Moderator
Akerman LLP; Jacksonville
John A. Anthony
Anthony & Partners, LLC; Tampa
Jordi Guso
Berger Singerman, LLP; Miami
Monique D. Hayes
Goldstein & McClintock, LLLP; Miami
Luis E. Rivera
GrayRobinson, P.A.; Fort Myers
Nicolette C. Vilmos
Nelson Mullins Broad and Cassel; Orlando
10:15-10:30 a.m.
Refreshment Break
10:30-11:45 a.m.
Concurrent Breakouts (2)
Business Session
Health Care Bankruptcy Update
They just keep filing! This panel will discuss strategies and issues for dealing with the struggling health care industry.
Hon. Charles M. Walker, Moderator
U.S. Bankruptcy Court (M.D. Tenn.); Nashville
Thomas J. (TJ) Ferrante
Foley & Lardner LLP; Tampa
Carol L. Fox
GlassRatner Advisory & Capital Group, LLC; Fort Lauderdale
Elizabeth A. Green
BakerHostetler; Orlando
Samuel R. Maizel
Dentons US LLP; Los Angeles
Frank P. Terzo
Nelson Mullins Broad and Cassel; Fort Lauderdale
Cross-over: Business & Consumer Session
Florida’s Continuing Real Estate Problems
Are we headed for another crash? If so, are we ready? This panel will discuss recent case law and provide a statutory update, including cramdown standards in consumer cases and the current market.
Hon. Mindy A. Mora, Moderator
U.S. Bankruptcy Court (S.D. Fla.); West Palm Beach
Denise D. Dell-Powell
Burr & Forman LLP; Orlando
Martin C. Engelmann, Jr.
Tropical Valuation Advisory; Tampa
Franklind D. Lea
Tactical Financial Consulting; Alpharetta, Ga.
Phil J. Von Kahle
Michael Moecker & Associates, Inc.; Fort Lauderdale
11:45-1:15 p.m.
Luncheon and Speaker
Giving Back: Representing Veterans and the Acknowledgment of Pro Bono Contributions by the Bar
Hon. Robert N. Davis
Chief Judge, U.S. Court of Appeals for Veterans Claims
Ed Glabus
Executive Director, Veterans Consortium; Washington, D.C.
Prof. Stacy-Rae Simcox
Director, Stetson University College of Law’s Veterans Law Institute and Veterans
Advocacy Clinic; Gulfport
1:30-2:30 p.m.
Judicial Merry Go-Round
These judge-led rapid-fire roundtables will focus on today’s provocative issues, with judges changing tables every 20 minutes.
Roy S. Kobert, Moderator
Gray Robinson, P.A.; Orlando
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. Shon Hastings
U.S. Bankruptcy Court (D. N.D.); Fargo
Hon. Cynthia C. Jackson
U.S. Bankruptcy Court (M.D. Fla.); Orlando
Hon. Catherine P. McEwen
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Mindy A. Mora
U.S. Bankruptcy Court (S.D. Fla.); West Palm Beach
Hon. John K. Olson
U.S. Bankruptcy Court (S.D. Fla.); Fort Lauderdale
Hon. Charles M. Walker
U.S. Bankruptcy Court (M.D. Tenn.); Nashville
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
2:30 p.m.
Adjourn
Judicial Co-Chairs
Hon. Roberta A. Colton
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Cynthia C. Jackson
U.S. Bankruptcy Court (M.D. Fla.); Orlando
Program Chair
Jeffrey W. Warren
Bush Ross, P.A.; Tampa
Advisory Board
Vincent F. Alexander
Lewis Brisbois Bisgaard & Smith LLP; Fort Lauderdale
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
Stephen D. Busey
Smith Hulsey & Busey; Jacksonville
Betsy C. Cox
Rogers Towers; Jacksonville
Michael Dal Lago
Dal Lago Law; Naples
Denise D. Dell-Powell
Burr & Forman LLP; Orlando
James W. Elliott
McIntyre Thanasides; Tampa
W. Keith Fendrick
Holland & Knight LLP; Tampa
Lara Roeske Fernandez
Trenam Law; Tampa
Paul A. Giordano
Roetzel & Andress, LPA; Fort Myers
Elizabeth A. Green
BakerHostetler; Orlando
Jordi Guso
Berger Singerman LLP; Miami
David S. Jennis
Jennis Law Firm; Tampa
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; Tampa
Courtney A. McCormick
McGuireWoods LLP; Jacksonville
Nicole M. Noel
Kass Shuler, P.A.; Tampa
Loretta C. O’Keeffe
Gibbons | Neuman; Tampa
Leanne M. Prendergast
FisherBroyles, 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, II
GrayRobinson, P.A.; Fort Myers
David A. Samole
Kozyak Tropin & Throckmorton; Miami
Bradley M. Saxton
Winderweedle, Haines, Ward & Woodman, P.A.; Winter Park
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
Nelson Mullins Broad and Cassel; Fort Lauderdale
James A. Timko
Shutts & Bowen LLP; Orlando
Scott A. Underwood
Buchanan Ingersoll & Rooney PC; Tampa
Steven R. Wirth
Akerman LLP; Tampa
Mark J. Wolfson
Foley & Lardner LLP; Tampa
Optional Events
IWIRC-Florida Networking Dinner at Jackson's Bistro, Bar & Sushi
Thursday, February 7, 6:30 – 8:30 p.m.
Join IWIRC members and friends for networking and dinner. IWIRC membership is not required. Jackson’s Bistro, Bar & Sushi is an easy walk from the Embassy Suites across the bridge to Harbour Island. The cost is $60 per person and includes tax and gratuities. Space is limited. Purchase tickets at: https://www.eventbrite.com/e/iwirc-dinner-during-the-abi-paskay-seminar-tickets-54954464282
Tampa Bay Lightning vs. St. Louis Blues Hockey Game
Thursday, February 7, 7:30-10:30 p.m.
Watch the Tampa Bay Lightning take on the St. Louis Blues at Amalie Arena while networking in a luxury box reserved for the event. Tickets are $100 per person. Transportation is not provided.
Suite and tickets donated by Shumaker, Loop & Kendrick, LLP
All proceeds from ticket sales will benefit The Anthony H.N. Schnelling Endowment Fund
Conference Information
Hotel
The Embassy Suites by Hilton Tampa Downtown Convention Center hotel is convenient to dining and entertainment in downtown Tampa, Fla. ABI has arranged a special conference rate of $249 single/double (Standard rooms) per night. Make your reservations by January 16, 2019, to reserve this special rate. ABI cannot guarantee anyone a room after the January 16 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.
Continuing Education Credit
13 hours of CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 15.5 hours of CLE credit, including 1.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 15.5 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 13 hours, of which 1.25 hours will apply to ethics. 13 hours of CPE credit, including 1.25 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800, or 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 January 16, 2019. No refunds will be granted after January 16, but substitutions will be allowed. After January 16, 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.
Event Sponsors
Program Sponsors
Akerman LLP
Banker Lopez Gassler P.A.
Berger Singerman, LLP
Buchanan Ingersoll & Rooney PC
Burr & Forman LLP
Dal Lago Law
FisherBroyles
Foley & Lardner, LLP
Gibbons | Neuman
Gray Robinson, P.A.
Holland & Knight LLP
Jennis Law Firm
Johnson, Pope, Bokor, Ruppel & Burns, LLP
Kass Shuler, P.A.
Latham, Shuker, Eden & Beaudine, LLP
Lewis Brisbois Bisgaard & Smith LLP
McGuireWoods LLP
McIntyre Thanasides Bringgold Elliott Grimaldi & Guito, P.A.
Nelson Mullins Broad and Cassel
Roetzel & Andress, LPA
Rogers Towers, PA
Shutts & Bowen LLP
Smith Hulsey & Busey
Soriano Law, P.A.
Tactical Financial Consulting, LLC
Winderweedle, Haines, Ward & Woodman, P.A.Special Thanks
We extend our special thanks to Anthony & Partners, LLC for the conference lanyards, Genovese Joblove & Battista, PA for the materials thumb drives, Trenam Law for the cell-phone charging station and Wilmington Trust for the tote bags.
Conference Rates*
Registration Rates Early Bird
(by 12/14/18)Regular
(12/15/18-1/18/19)Late
(after 1/18/19)ABI Member $365 $415 $465 Govt./Academic/Nonprofit ABI Member $195 $245 $295 Join ABI and Save** $660 $710 $760 Govt./Academic/Nonprofit New ABI Member**
$290 $340 $390 * 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***$1,000New ABI Member Exhibitor Registration****$1,325Additional 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.
Optional Events
IWIRC-Florida Networking Dinner$60Dine-Arounds$110Tampa Bay Lightning vs. St. Louis Blues Hockey Game$100ABI 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.
Event Information 270906
Wednesday, February 27
8:30-9:30 a.m.
Registration Desk Open and Continental Breakfast
9:30-10:00 a.m.
Welcome and Case Study Introduction
Experts will provide insight, practical advice and proposed solutions for the strategic decisions and negotiations that are part of the day-to-day reality of a restructuring and successful turnaround.
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Michael Friedman
Chapman and Cutler LLP; New York
Eric J. Fromme
Theodora Oringher PC; Costa Mesa, Calif.
Stephen Spitzer
AlixPartners, LLP; New York
Wayne P. Weitz
Hammond Hanlon Camp LLC; New York
10:00-11:00 a.m.
Extending the Runway
Maintaining sufficient liquidity to fund operations is the key to keeping a company out of a chapter 11 process. The panelists will discuss the potential options available to a company to improve liquidity and extend the timeline for negotiations with creditors.
Stephen Spitzer, Moderator
AlixPartners, LLP; New York
Lorie R. Beers
Cowen and Company.; New York
Evan Blum
Alvarez & Marsal; New York
Robbin Itkin
DLA Piper; Los Angeles, Calif.
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP; Boston
Mark Podgainy
Getzler Henrich & Associates LLC; New York
11:00-11:10 a.m.
Break
11:10 a.m.-12:10 p.m.
Why Can't We All Agree? Different Parties, Different Valuations
Even outside of a chapter 11 process, valuation fights can still impact a companies ability to restructure its debt. Panelists will talk about the different viewpoints of the creditor constituencies and techniques to try to develop consensus.
Wayne P. Weitz, Moderator
Hammond Hanlon Camp LLC; New York
James Katchadurian
CR3 Partners, LLC; Goldens Bridge
Jeffrey C. Krause
Gibson, Dunn & Crutcher LLP; Encino, Calif.
Adam Pilchman
PJT Partners; New York
Allen D. Wilen
EisnerAmper LLP; Iselin, N.J.
Christopher K. Wu
Teneo Restructuring; New York
12:10-1:40 p.m.
Working Lunch: Negotiations of 'Case A'
Attendees will be divided into four constituencies. VALCON case study authors, together with CFRP faculty members, will meet with the various groups and facilitate the discussion.
1:40-1:50 p.m.
Break
1:50-2:50 p.m.
Fiduciary Obligations and Considerations for Directors
When companies become distressed, the fiduciary obligations for the Directors and Officers can change. This panel will discuss what signs of distress to look for and what advice should be given to clients.
Eric J. Fromme, Moderator
Theodora Oringher PC; Costa Mesa, Calif.
Derek C. Abbott
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
James S. Feltman
Duff & Phelps, LLC; Miami Lakes, Fla.
Rocky Ho
EY; San Francisco, Calif.
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Ross Waetzman
Gavin/Solmonese LLC; Wilmington, Del.
2:50-3:50 p.m.
Bringing the Holdouts to the Table
Though chapter 11 is an effective tool to bind lenders to a transaction, it is not the only option available to advisors. The panelist will discuss strategies to bring holdouts to the table to negotiate a consensual deal so that a chapter 11 filing can be avoided.
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
David Herman
Gordian Group, LLC; New York
Elizabeth R. McColm
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Christine Pirro
Kirkland & Ellis LLP
Nicholas Rubin
Force10 Partners
Michael B. Schaedle
Blank Rome LLP; Philadelphia
3:50-4:00 p.m.
Break and Transition to VALCON 2019 Joint Session
4:00-5:30 p.m.
Case Study in Conjunction with VALCON 2019: Valuing and Restructuring Distressed Companies in the Face of Financial and Operational Headwinds
5:30-6:30 p.m.
Opening Networking Reception with the Participants of VALCON 2019
Join us for drinks and hors d’oeuvres with faculty and participants.
Co-Chairs
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Eric J. Fromme
Theodora Oringher PC; Costa Mesa, Calif.
Stephen Spitzer
AlixPartners, LLP; New York
Wayne P. Weitz
Hammond Hanlon Camp LLC; New York
Faculty
Derek C. Abbott
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Lorie R. Beers
Cowen and Company.; New York
Evan Blum
Alvarez & Marsal; New York
James S. Feltman
Duff & Phelps, LLC; Miami Lakes, Fla.
David Herman
Gordian Group, LLC; New York
Rocky Ho
EY; San Francisco, Calif.
Robbin Itkin
DLA Piper; Los Angeles, Calif.
James A. Katchadurian
CR3 Partners, LLC; Golden Bridge, NY
Jeffrey C. Krause
Gibson, Dunn & Crutcher LLP; Encino, Cal.
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Nicholas P. Leone
PJT Partners; New York
Elizabeth R. McColm
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP; Boston
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Christine F. Pirro
Kirkland & Ellis LLP; New York
Mark Podgainy
Getzler Henrich & Associates LLC; New York
Nicholas Rubin
Force10 Partners; Newport Beach, Cal.
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Ross Waetzman
Gavin/Solmonese LLC; Wilmington, Del.
Allen D. Wilen
EisnerAmper LLP; Iselin, N.J.
Christopher K. Wu
Teneo Restructuring; New York
Conference Information
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 $249 per night from February 26-March 1, 2019. Reservations must be made directly with the hotel prior to January 25, 2019, to take advantage of the special conference rate. In order to be eligible for the group rate, reservations may be made only 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 any rooms after the specially rated block is filled.
Travel
Air: Fly into McCarran International Airport (LAS).
Ground: Avis car rental discounts are available using Avis Worldwide discount number (J789009). Call (800) 331-1600, or book online at www.avis.com.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 February 6, 2019. No refunds will be granted after February 6, but substitutions will be allowed. After February 6, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
6.75 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 8.1 hours of general CLE credit are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations 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 6.75 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 8 credit hours. 8 hours of CPE credit 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. For information on tuition assistance, send an e-mail to [email protected].
CFRP 2019 Registration Rates
Registration Rates Early
(by 12/21/18)Regular
(12/22/18-2/8/19)Late
(after 2/8/19)ABI Member $545$595 $645 Gov't./Aca./Nonprofit ABI Member $345$395 $445 Join and Save* $840$890 $940 New Gov't./Aca./Nonprofit ABI Member*
$440$490 $540 *Includes a one-year ABI membership for first-time members only — a $325 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.
VALCON 2019 & CFRP 2019 Joint Registration Rates
Registration Rates Early
(by 12/21/18)Regular
(12/22/18-2/8/19)Late
(after 2/8/19)ABI/AIRA Member $995$1075 $1,125 Gov't./Aca./Nonprofit ABI/AIRA Member $550$600 $650 New ABI/AIRA Member* $1,320$1,400 $1,450 New Gov't./Aca./Nonprofit ABI/AIRA Member*
$645$695 $745 *Includes a one-year ABI and AIRA membership for first-time members only — a $620 value! You must be an ABI or AIRA 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.
Event Information 271025
Thursday, March 28
8:00-9:00 a.m.
Breakfast and Registration
Sponsored by East West Bank
9:00-9:15 a.m.
Welcome by Conference Leadership
9:15-10:30 a.m.
Plenary Session
The Great Divide: Overview of Circuit Splits on Current Issues
This panel of legal experts will break down a number of significant issues that are currently dividing circuits across the country, including the effect of rejecting trademark licenses, the allowance of claims for “make-whole” premiums, third-party plan releases, the right to assume and assign intellectual property agreements, the calculation of lease-rejection damages under § 502(b)(6), and the standard for satisfying the impaired consenting class requirement under a joint plan. Do you know where your circuit stands on these key issues? (Please note that topics are subject to change.)
Hon. Scott C. Clarkson, Moderator
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
Jeffrey Bjork
Latham & Watkins; Los Angeles
Dawn M. Cica
Mushkin Cica Coppedge; Las Vegas
Gabriel I. Glazer
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Shanti M. Katona
Polsinelli P.C.; Wilmington, Del.
10:30-10:45 a.m.
Networking Break
Sponsored by Polsinelli
10:45 a.m.- 12:00 noon
Concurrent Sessions (2)
EB-5 Program Company Restructurings
Through the EB-5 immigrant investor program, a foreign national can invest at least $500,000 into a qualified project, and if that investment leads to the creation of at least 10 jobs in the U.S., the investor becomes eligible for permanent U.S. residency. The EB-5 Program has expanded dramatically over the last decade, typically with USCIS-qualified “regional centers” pooling investments to provide inexpensive liquidity to real estate developments and other businesses. This panel will discuss recent developments and issues involved in EB-5 restructurings and chapter 11s.
Lance N. Jurich, Moderator
Loeb & Loeb LLP; Los Angeles
Prof. Gary Friedland
New York University Leonard N. Stern School of Business; New York
Andrew Kingston
Kingston Petersen; Seattle
Alan N. Tantleff
FTI Consulting, Inc.; New York
The 2017 Tax Cuts and Jobs Act: More Trouble for Financially Troubled Businesses
The 2017 Tax Cuts and Jobs Act made significant changes to the Internal Revenue Code. This panel will discuss certain tax changes that may adversely affect financially troubled business operations, debt restructurings, reorganizations and liquidations.
Susan P. Tomlinson, Moderator
Crowe LLP; Los Angeles
Elliot G. Freier
Irell & Manella LLP; Los Angeles
A. Lavar Taylor
The Law Offices of A. Lavar Taylor LLP; Santa Ana
Hon. Mark S. Wallace
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
12:00-1:15 p.m.
Luncheon Presentation
Sponsored by Loeb & Loeb LLP and Pachulski Stang Ziehl & Jones LLP
Capital Markets and Commercial Real Estate: A Contrarian Perspective
Donald D. Sheets
Clarion Partners; New York
1:30-2:45 p.m.
Concurrent Sessions (2)
The Morning After OPEC Goes Broke
Various factors have combined to result in low crude oil prices that are not expected to rebound significantly and not to a point where OPEC countries will be able to cover their operating deficits. This panel will explore the issues facing the OPEC countries and discuss how these issues will impact the global economy and insolvency practice in the coming years.
J. Michael Issa, Moderator
GlassRatner Advisory & Capital Group LLC; Irvine
Adam B. Connors
Northland Capital Markets; Orange County, Calif.
Scott F. Gautier
Robins Kaplan LLP; Los Angeles
Looking for the Remote: Structuring Enforceable Bankruptcy-Remote, Special-Purpose Entities in Commercial Real Estate Finance
This panel will explore the evolution of real estate financing structures leading up to today’s market, and discusses how current trends and varying structures can affect results in a future workout or bankruptcy.
Hon. Robert N. Kwan, Moderator
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Daniel B. Denny
Milbank LLP; Los Angeles
M. Douglas Flahaut
Arent Fox LLP; Los Angeles
Sherilyn Olsen
Holland & Hart LLP; Salt Lake City
2:45-3:00 p.m.
Networking Break
3:00-4:15 p.m.
Plenary Session
Crossfire
This panel will be in the format of current-events TV program “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions, including future waivers, new-value issues and Jevic.
Paul D. Buie, Moderator
Onyx Asset Advisors; Los Angeles
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Hon. Sheri Bluebond
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Hon. Julia W. Brand
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Whitman Holt
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Eve H. Karasik
Levene, Neale, Bender, Yoo & Brill L.L.P.; Los Angeles
Hon. Margaret M. Mann
U.S. Bankruptcy Court (S.D. Cal.); San Diego
Robert S. Marticello
Smiley Wang-Ekvall, LLP; Los Angeles
Kyle J. Mathews
Sheppard, Mullin, Richter & Hampton LLP; Los Angeles
Elissa D. Miller
SulmeyerKupetz, APC; Los Angeles
Hon. Erithe A. Smith
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
Robyn B. Sokol
Brutzkus Gubner Rozansky Seror Weber LLP; Los Angeles
Hon. Scott H. Yun
U.S. Bankruptcy Court (C.D. Cal.); Riverside
4:15-6:00 p.m.
Reception
Sponsored by GlassRatner
Co-Chairs
Kimberly A. Posin
Latham & Watkins; Los Angeles
Randye B. Soref
Polsinelli LLP; Los Angeles
Judicial Chair
Hon. Deborah J. Saltzman
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Advisory Board
Kyra E. Andrassy
Smiley Wang-Ekvall, LLP; Costa Mesa
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Erin N. Brady
Hogan Lovells; Los Angeles
Paul D. Buie
Onyx Asset Advisors; Los Angeles
Anthony R. Calascibetta
EisnerAmper LLP; Iselin, N.J.
Shirley S. Cho
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Michael T. Delaney
Robins Kaplan LLP; Los Angeles
John-Patrick M. Fritz
Levene, Neale, Bender, Yoo & Brill L.L.P.; Los Angeles
Amir Gamliel
Perkins Coie LLP; Los Angeles
Paul R. Glassman
Stradling Yocca Carlson & Rauth, P.C.; Santa Monica
Seth Goldman
Munger, Tolles & Olson LLP; Los Angeles
Richard H. Golubow
Winthrop Couchot Golubow Hollander, LLP; Newport Beach
J. Michael Issa
GlassRatner Advisory & Capital Group LLC; Irvine
Thomas P. Jeremiassen
Development Specialists, Inc.; Los Angeles
Lance N. Jurich
Loeb & Loeb LLP; Los Angeles
Mary Ann Kaptain
FTI Consulting, Inc.; Los Angeles
Haig Maghakian
Milbank, Tweed, Hadley & McCloy LLP; Los Angeles
Winston Mar
SierraConstellation Partners LLP; Los Angeles
Kyle J. Mathews
Sheppard, Mullin, Richter & Hampton LLP; Los Angeles
Jennifer E. Mercer
Donlin, Recano & Company, Inc.; Los Angeles
Byron Z. Moldo
Ervin Cohen & Jessup LLP; Beverly Hills
Aram Ordubegian
Arent Fox LLP; Los Angeles
Victor A. Sahn
SulmeyerKupetz; Los Angeles
Timothy G. Skillman
M-Theory Group; Los Angeles
Robyn B. Sokol
Brutzkus Gubner Rozansky Seror Weber LLP; Los Angeles
Susan P. Tomlinson
Crowe LLP; Los Angeles
Travis Vandell
Stretto; Irvine, Calif.
Genevieve G. Weiner
Gibson, Dunn & Crutcher LLP; Los Angeles
Roye Zur
Landau Gottfried & Berger LLP; Los Angeles
Conference Information
The conference will be held at the Montage Beverly Hills, 225 N. Canon Drive, Beverly Hills, CA 90210. Reservations may be made by contacting the hotel directly at (310) 860-7800. A block of rooms has not reserved. Please book early to receive the best rate available.
Continuing Education Credit
Approval for approximately 5 hours of CLE credit is pending in states calculating CLE on a 60-minute hour, and 6 hours of CLE credit are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and may not be approved prior to the program. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 5 hours. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 6 credit hours. 6 hours of CPE credit 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. 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 March 7, 2019. No refunds will be granted after March 7, but substitutions will be allowed. After March 7, 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.
Conference Rates
Registration Rates Early
(postmarked by 1/18/19)Regular
(1/19/19 - 3/8/19)Late
(after 3/8/19)ABI Member $445 $495 $545 Join ABI and Save* $740 $790 $840 Gov’t./Aca./Nonprofit ABI Member
$225 $275 $325 Gov’t./Aca./Nonprofit New ABI Member*
$320 $370 $420 * Includes a one-year ABI membership for first-time members — a $325 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI member to attend the conference.
Event Information 271364
Friday, January 25
7:45 a.m.
Registration
8:30-09:10 a.m.
The What and the Why of Mediation
The What: Mediation is a process dependent upon the cooperation of counsel, parties and the court. It can lead to settlements in all types and phases of bankruptcy cases, including consumer cases, cases and controversies under chapters 11 and 7, adversary proceedings, plan confirmations and post-confirmation litigation.
The Why: Mediation is cost-effective and voluntary, even if mandated by the court. It provides parties and counsel with an opportunity to resolve matters with questionable or doubtful claims or defenses. Additionally, mediation can lead to positive personal and business relationships going forward.
The View from the Bench: Litigation is not cost-effective in many cases and controversies. Parties are entitled to their “day in court,” although some parties might be better served by mediation. Judges are divided on whether mediation should be mandatory by rule or on the court’s own motion, or completely voluntary.
Choosing the Mediator/Styles of Mediation (Judges, Retired Judges, Lawyers, Others): Mediators may be judges, retired judges, lawyers or nonlawyers. Each category might have positive and negative characteristics, but some of the presumptions about each category might be overstated or inaccurate. A mediator should be trained and skilled by experience, whatever his or her background may be. A mediator might have a particular style: Some are neutral, others are evaluative, and some might be directive. A good mediator should be flexible and ready to engage the parties in a way that moves the process along without forcing a result.09:15-10:30 a.m.
Fundamentals of Mediation
Rules and Statutes: This aspect will focus on the requirements in the District and Commonwealth of Massachusetts, although attendees from other jurisdictions are welcome, as all are sure to benefit from the general discussion.
Privilege and Confidentiality: Mediation must occur in a safe environment where disclosures can be made without fear that they will be used in pending or future legal proceedings. This program will cover what counsel should know about this aspect of mediation.
Mediation Agreements and Settlement Agreements: Written documents governing the mediation are critical. A written settlement agreement executed at the conclusion of a successful mediation is the best way to avoid “buyers’ remorse” when putting it on the record is not possible.
Phases of Mediation:-
Pre-Mediation Conference: Meeting with the mediator before the mediation is the surest way to plan for a successful session. It is akin to a final pre-trial conference. The basic elements of the pre-mediation conference will be discussed.
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Mediation Session: This is the basic outline of how the mediator may lead the process to achieve a settlement through supervised negotiations.
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Caucuses and Breakouts: Counsel and parties will learn why private “ex parte meetings” with the mediator are permissible and how such interactions, along with plenary sessions, may aid in achieving a successful outcome.
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Putting It on the Record: Putting a settlement on the record through counsel, with the sworn acceptance of the parties, is the best way to preserve the deal.
10:30-10:40 a.m.
Break
10:40-11:30 a.m.
Role-Playing by Instructors
The participants will read a script and break out into working sessions with the faculty, then regroup for a mock mediation.
11:30-12:00 noon
Facilitated Discussion
The faculty will lead a discussion of the topics covered and allow the participants to voice their questions and concerns.
12:00 noon
Adjourn
Program Chairs
Hon. Louis H. Kornreich (ret.)
Bernstein Shur; Bangor, Maine
John G. Loughnane
Nutter McClennen & Fish LLP; Boston
Faculty
Christine E. Devine
Mirick, O’Connell, DeMallie & Lougee, LLP; Westborough, Mass.
Hon. Joan N. Feeney
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Louis H. Kornreich (ret.)
Bernstein Shur; Bangor, Maine
John G. Loughnane
Nutter McClennen & Fish LLP; Boston
John J. Monaghan
Holland & Knight LLP; Boston
REGISTER BEFORE JANUARY 18, 2019 AND SAVE!
Conference Rates
Registration Rates ABI Member$95Join and Save*$390Govt./Aca. ABI Member$50Govt./Aca. New ABI Member*$145* 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.
Increased Conference Rates After January 18, 2019
Registration Rates ABI Member$145Join and Save*$440Govt./Aca. ABI Member$100Govt./Aca. New ABI Member*$195* 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.
Conference Information
Location
Suffolk University School of Law
120 Tremont Street
Boston, MA 02108Cancellation Policy
All fees will be refunded if written notice of cancellation is received by January 4, 2019. No refunds will be granted after January 4, but substitutions will be allowed.
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Event Information 273519
Wednesday, May 22
7:30 a.m.
Registration Desk and Exhibits Open
Continental Breakfast Available
Sponsored by Cravath, Swaine & Moore LLP
8:30-8:45 a.m.
Conference Chairs’ Welcome
8:45-10:00 a.m.
Plenary Session
Judges’ Roundtable: Selected Current Topics
10:00-10:15 a.m.
Refreshment Break
Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP
10:15-11:30 a.m.
Concurrent Sessions (6)
Bankruptcy Litigation
The panelists will provide a § 546(e) safe harbors update, including how state law preemption will be applied post-Merit; jurisdictional issues in Relativity; the debt-recharacterization circuit split and Supreme Court withdrawal of cert in PEM v. Levin; the application of avoidance powers extraterritorially (Ampal-American, Emerald, Madoff), fraudulent-transfer circuit splits and other related matters (Physiotherapy, Tribune, Madoff, Merritt Management, Petters, SemCrude, Fragin); and the current state of the equitable mootness doctrine, including recent criticisms, especially from the Third Circuit (e.g., In re Philadelphia Newspapers, In re SemCrude L.P., In re One2One Communications LLC), and their applications (e.g., In re City of Detroit).
Michael Luskin, Moderator
Luskin, Stern & Eisler LLP
Philip Bentley
Kramer Levin Naftalis & Frankel LLP
Chris Gartman
Hughes Hubbard & Reed LLP
Hon. Julie A. Manning
U.S. Bankruptcy Court (D. Conn.)
Dr. Faten Sabry
NERA Economic Consulting
Municipal Bankruptcies
Join this session for an update on Puerto Rico and to discuss recent developments and ramifications beyond Puerto Rico; equitable mootness (JeffCo); and reviewing pension issues in prior and existing municipal bankruptcies, as well as prospective municipal bankruptcies (e.g., Illinois, New Jersey, Connecticut).
Richard G. Mason, Moderator
Wachtell, Lipton, Rosen & Katz
Luc A. Despins
Paul Hastings LLP
Robert D. Gordon
Jenner & Block
Hon. Robert E. Grossman
U.S. Bankruptcy Court (E.D.N.Y.)
Matthew Rodrigue
Miller Buckfire & Co., LLC
Secured Creditor Issues
This panel will discuss post-petition financing issues, such as what it takes for a third party to prime a DIP and what should be allowed for controls by secured creditors via DIP financing cash-collateral orders, including case milestones. What terms are and should be acceptable in first-day cash-collateral and DIP-financing orders (Aegean)? Too much control, or simply adequate protection? § 1111(b) elections (Baker Hughes); adequate protection (Chardon); lien-stripping (Caulkett); credit bidding and other rights in connection with § 363 sales (Aerogroup); the recent credit bidding decision in Aeropostale; and the use of roll-ups.
Evan R. Fleck, Moderator
Milbank, Tweed, Hadley & McCloy LLP
Hon. Stuart M. Bernstein
U.S. Bankruptcy Court (S.D.N.Y.)
Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C.
David Sawyer
Ankura Consulting Group, LLC
Edward S. Weisfelner
Brown Rudnick LLP
LLC Bankruptcies
The panelists will delve into issues that arise during an LLC bankruptcy. What happens when parties contract out of fiduciary duties? What effect does bankruptcy have on key provisions in an LLC operating agreement, including management and ownership rights and remedies, and what happens when a bankruptcy proceeding is initiated against the LLC or one or more of its members? Learn more about two recent decisions in which bankruptcy courts refused to enforce LLC agreement provisions requiring the respective LLCs to obtain the unanimous consent of their members in order to seek bankruptcy relief (Intervention Energy, Lake Michigan). Finally, the panelists will discuss possible hidden fraudulent-conveyance issues relating to tax attributes. Do LLCs insulate management, and should releases be provided?
Arik Preis, Moderator
Akin Gump Strauss Hauer & Feld LLP
Hon. Kevin Carey
U.S. Bankruptcy Court (D. Del.)
Daniel B. Kamensky
Marble Ridge Capital LP
Irving H. Picard
BakerHostetler LLP
Jennifer Rodburg
Fried, Frank, Harris, Shriver & Jacobson LLP
CDS Markets
A number of recent high-profile cases have been impacted by credit derivatives (e.g., Hovnanian, Sears, Caesars, iHeart). The panelists will discuss how these situations have unfolded and their effects. What pre-filing diligence should a debtor perform in order to be prepared?
Kristopher M. Hansen, Moderator
Stroock & Stroock & Lavan LLP
Evan C. Hollander
Orrick, Herrington & Sutcliffe LLP
J. Soren Reynertson
GLC Advisors & Co.
Hon. Brendan L. Shannon
U.S. Bankruptcy Court (D. Del.)
Glenn E. Siegel
Morgan, Lewis & Bockius LLP
§ 363 Sale Issues
Dive into § 363 sales issues, including whether there are limits to “free and clear”; the GM conflict between §§ 365(h) and 363(f) (“lease-stripping”); sales free and clear of leasehold interests, restrictive covenants and override royalties; being free and clear of successorships in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); and loan-to-own strategies.
Dion W. Hayes, Moderator
McGuireWoods LLP
Gerard DiConza
Archer
Neil Gupta
SSG Capital Advisors, LLC
Frank A. Oswald
Togut, Segal & Segal LLP
Hon. Louis A. Scarcella
U.S. Bankruptcy Court (E.D.N.Y.)
11:30-11:45 a.m.
Refreshment Break
11:45 a.m.-1:00 p.m.
Repeat Concurrent Sessions (6)
Bankruptcy Litigation
The panelists will provide a § 546(e) safe harbors update, including how state law preemption will be applied post-Merit; jurisdictional issues in Relativity; the debt-recharacterization circuit split and Supreme Court withdrawal of cert in PEM v. Levin; the application of avoidance powers extraterritorially (Ampal-American, Emerald, Madoff), fraudulent-transfer circuit splits and other related matters (Physiotherapy, Tribune, Madoff, Merritt Management, Petters, SemCrude, Fragin); and the current state of the equitable mootness doctrine, including recent criticisms, especially from the Third Circuit (e.g., In re Philadelphia Newspapers, In re SemCrude L.P., In re One2One Communications LLC), and their applications (e.g., In re City of Detroit).
Michael Luskin, Moderator
Luskin, Stern & Eisler LLP
G. David Dean
Cole Schotz P.C.
James Donnell
Baker & McKenzie LLP
Hon. Julie A. Manning
U.S. Bankruptcy Court (D. Conn.)
Dr. Faten Sabry
NERA Economic Consulting
Municipal Bankruptcies
Join this session for an update on Puerto Rico and to discuss recent developments and ramifications beyond Puerto Rico; equitable mootness (JeffCo); and reviewing pension issues in prior and existing municipal bankruptcies, as well as prospective municipal bankruptcies (e.g., Illinois, New Jersey, Connecticut).
Richard G. Mason, Moderator
Wachtell, Lipton, Rosen & Katz
Alice J. Byowitz
Kramer Levin Naftalis & Frankel LLP
Hon. Robert E. Grossman
U.S. Bankruptcy Court (E.D.N.Y.)
Susheel Kirpalani
Quinn Emanuel Urquhart & Sullivan, LLP
Matthew Rodrigue
Miller Buckfire & Co., LLC
Secured Creditor Issues
This panel will discuss post-petition financing issues, such as what it takes for a third party to prime a DIP and what should be allowed for controls by secured creditors via DIP financing cash-collateral orders, including case milestones. What terms are and should be acceptable in first-day cash-collateral and DIP-financing orders (Aegean)? Too much control, or simply adequate protection? § 1111(b) elections (Baker Hughes); adequate protection (Chardon); lien-stripping (Caulkett); credit bidding and other rights in connection with § 363 sales (Aerogroup); the recent credit bidding decision in Aeropostale; and the use of roll-ups.
Evan R. Fleck, Moderator
Milbank, Tweed, Hadley & McCloy LLP
Hon. Stuart M. Bernstein
U.S. Bankruptcy Court (S.D.N.Y.)
David M. Hillman
Proskauer
Jeffrey S. Sabin
Venable LLP
Christopher K. Wu
Teneo
LLC Bankruptcies
The panelists will delve into issues that arise during an LLC bankruptcy. What happens when parties contract out of fiduciary duties? What effect does bankruptcy have on key provisions in an LLC operating agreement, including management and ownership rights and remedies, and what happens when a bankruptcy proceeding is initiated against the LLC or one or more of its members? Learn more about two recent decisions in which bankruptcy courts refused to enforce LLC agreement provisions requiring the respective LLCs to obtain the unanimous consent of their members in order to seek bankruptcy relief (Intervention Energy, Lake Michigan). Finally, the panelists will discuss possible hidden fraudulent-conveyance issues relating to tax attributes. Do LLCs insulate management, and should releases be provided?
Arik Preis, Moderator
Akin Gump Strauss Hauer & Feld LLP
Hon. Kevin Carey
U.S. Bankruptcy Court (D. Del.)
Robert J. Feinstein
Pachulski Stang Ziehl & Jones LLP
Samuel S. Kohn
Norton Rose Fulbright
Barbra R. Parlin
Holland & Knight LLP
CDS Markets
A number of recent high-profile cases have been impacted by credit derivatives (e.g., Hovnanian, Sears, Caesars, iHeart). The panelists will discuss how these situations have unfolded and their effects. What pre-filing diligence should a debtor perform in order to be prepared?
Kristopher M. Hansen, Moderator
Stroock & Stroock & Lavan LLP
Eric Fisher
Binder & Schwartz LLP
Julia Lu
Richards Kibbe & Orbe LLP
J. Soren Reynertson
GLC Advisors & Co.
Hon. Brendan L. Shannon
U.S. Bankruptcy Court (D. Del.)
§ 363 Sale Issues
Dive into § 363 sales issues, including whether there are limits to “free and clear”; the GM conflict between §§ 365(h) and 363(f) (“lease-stripping”); sales free and clear of leasehold interests, restrictive covenants and override royalties; being free and clear of successorships in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); and loan-to-own strategies.
Dion W. Hayes, Moderator
McGuireWoods LLP
Jeffrey Finger
Jefferies
Daniel A. Lowenthal
Patterson Belknap Webb & Tyler LLP
David M. Posner
Kilpatrick Townsend & Stockton LLP
Hon. Louis A. Scarcella
U.S. Bankruptcy Court (E.D.N.Y.)
1:00-1:30 p.m.
Buffet Lunch
Sponsored by Grant Thornton LLP
1:30-2:30 p.m.
Plenary Session
Distressed Market Conditions: The Next Bankruptcy Wave
The panel will discuss the state of distressed and bankruptcy related investing, including where they currently see opportunities, their thoughts on the credit cycle, what may drive the next wave of bankruptcies, the potential effects and repercussions of the leveraged loan market, the role of CDS and the “empty creditor” dynamic, and the impact of BDC’s, CLO’s and direct lending firms.
Nader Tavakoli, Moderator
EagleRock Capital Management
Stephen Freidheim
Cyrus Capital Partners, LP
Marc Lasry
Avenue Capital Group
Thomas A. Wagner
Knighthead Capital Management
2:45-4:00 p.m.
Concurrent Sessions (6)
Cross-Border Bankruptcy Issues
The panelists will tackle the domestic reach of a foreign stay (Sanjel); non-U.S. companies filing for chapter 11 and the consequences thereof (Ocean Fisheries); recognition of foreign judgments more generally; and recent cases filed in Canada (Concordia and the CBCA).
Jasmine Ball, Moderator
Debevoise & Plimpton LLP
William A. Brandt, Jr.
Development Specialists, Inc.
Jennifer C. DeMarco
Clifford Chance
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.)
Madlyn Gleich Primoff
Freshfields Bruckhaus Deringer LLP
Recent Confirmation Developments
Get up to date on recent confirmation developments, including cram-ups/reinstatements since Momentive, including the Momentive remand trial; excising third-party releases from a confirmed plan (In re Thru Inc.); nonconsensual releases (Seaside Engineering); vote-designation (Fagerdala (in which a secured lender purchased sufficient unsecured claims to block plan confirmation (9th Cir.)), LightSquared); classification (Novinda (in which litigation claims against a creditor justified separate classification from other unsecureds (10th Cir. BAP))); per plan vs. per debtor (Transvest, Charter, Tribune); and whether all similarly situated creditors should have the right to participate in rights offerings, financings, etc. (PacDrilling).
Paul D. Leake, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP
Carrianne Basler
AlixPartners, LLP
Martin J. Bienenstock
Proskauer
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.)
Alec P. Ostrow
Becker, Glynn, Muffly, Chassin & Hosinski LLP
How to Value Debt
There are two common scenarios in which the valuation of a company’s debt securities might need to be assessed. If the consideration under a bankruptcy plan includes debt, how do we determine whether that debt will trade at par, and what disclosure is required? If a buyer in a § 363 sale proposes to issue debt as payment, how should this be valued? Are the considerations the same in these two scenarios?
John D. Penn, Moderator
Perkins Coie LLP
Alice Belisle Eaton
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Marc J. Heimowitz
Coda Advisory Group LLC
David Hilty
Houlihan Lokey
Hon. Michael E. Wiles
U.S. Bankruptcy Court (S.D.N.Y.)
Corporate Governance in Distress Situations
This panel will discuss what strategies sponsors are using to retain control (or at least a stake) through the bankruptcy process, as well as the risks to sponsors, such as fiduciary duties; use of special committees as sword and shield; related-party transactions; sponsor affiliates purchasing debt in the portfolio company’s capital structure, as well as 10b-5 compliance; and selling or spinning off assets/business units (Caesars, Cengage, Nine West, PetSmart, Sears, Toys).
Elisha D. Graff, Moderator
Simpson Thacher & Bartlett LLP
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.)
Nicole L. Greenblatt
Kirkland & Ellis LLP
Mark P. Kronfeld
BlackRock
Roger G. Schwartz
Latham & Watkins LLP
Managing Management and Employment/Labor Issues in Bankruptcy
This session will examine three issues: (1) the role of management in § 363 sales (how to make sure that management plays the role of neutral stakeholder throughout the plan and/or § 363 process; what actions management might tend to take when it favors a particular bidder in the process; what happens when management wants to participate in the § 363 process); (2) managing management’s interests, including participation in the bankruptcy process (how to address management’s sometimes parochial concerns and keep them from adversely impacting the bankruptcy; the interplay between management’s desires and the desires of the fulcrum class as new owners post-restructuring; issues around management compensation (e.g., employment contracts, incentive plans, severance policies), including the assumption or rejection of existing contracts, plans or policies and/or the implementation of new ones and U.S. Trustee objections; who represents management and when management should look to cut its own deal); and (3) labor issues (issues around benefit plans; whether § 1113 is the only way to eliminate a successor clause (A&P); whether § 1113 is an option if the collective bargaining agreement expires or is expired (Hostess, Trump, Journal Register); whether the union has a claim for damages if rejection relief under § 1113 is granted).
Brett H. Miller, Moderator
Morrison & Foerster LLP
Joshua Brody
Jones Day
Michael Healy
FTI Consulting, Inc.
Denise Kaloudis
JLT Specialty USA
Hon. Alan S. Trust
U.S. Bankruptcy Court (E.D.N.Y.)
Ethics Panel
Join in this discussion on a plethora of current ethical issues, including when it is necessary to obtain a conflict waiver (current vs. recent vs. former clients); directly adverse vs. positionally adverse; relatedness to a prior matter; use of confidential information; review of disinterestedness standards under BC § 101(14) and related disclosure requirements; the ABI Report on Standards of Professional Courtesy and Conduct; Caesars litigation over disinterestedness of debtor’s counsel; professionals retentions and disclosure requirements (disclosing conflicts and the Jay Alix/McKinsey litigation); and litigation financing in the liquidating trust context.
Marc E. Hirschfield, Moderator
Royer Cooper Cohen Braunfeld LLC
Jonathan L. Flaxer
Golenbock Eiseman Assor Bell & Peskoe LLP
Oscar N. Pinkas
Dentons
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.)
Brian Trust
Mayer Brown
4:00-4:15 p.m.
Refreshment Break
4:15-5:30 p.m.
Repeat Concurrent Sessions (6)
Cross-Border Bankruptcy Issues
The panelists will tackle the domestic reach of a foreign stay (Sanjel); non-U.S. companies filing for chapter 11 and the consequences thereof (Ocean Fisheries); recognition of foreign judgments more generally; and recent cases filed in Canada (Concordia and the CBCA).
Jasmine Ball, Moderator
Debevoise & Plimpton LLP
Robin Chiu
Goldin Associates, LLC
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.)
Rick Morris
HPS Investment Partners, LLC
Lisa M. Schweitzer
Cleary Gottlieb Steen & Hamilton LLP
Recent Confirmation Developments
Get up to date on recent confirmation developments, including cram-ups/reinstatements since Momentive, including the Momentive remand trial; excising third-party releases from a confirmed plan (In re Thru Inc.); nonconsensual releases (Seaside Engineering); vote-designation (Fagerdala (in which a secured lender purchased sufficient unsecured claims to block plan confirmation (9th Cir.)), LightSquared); classification (Novinda (in which litigation claims against a creditor justified separate classification from other unsecureds (10th Cir. BAP))); per plan vs. per debtor (Transvest, Charter, Tribune); and whether all similarly situated creditors should have the right to participate in rights offerings, financings, etc. (PacDrilling).
Paul D. Leake, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP
Carrianne Basler
AlixPartners, LLP
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.)
Brian M. Resnick
Davis Polk & Wardwell LLP
Fred B. Ringel
Robinson Brog Leinwand Greene Genovese & Gluck, P.C.
Paul H. Zumbro
Cravath, Swaine & Moore LLP
How to Value Debt
There are two common scenarios in which the valuation of a company’s debt securities might need to be assessed. If the consideration under a bankruptcy plan includes debt, how do we determine whether that debt will trade at par, and what disclosure is required? If a buyer in a § 363 sale proposes to issue debt as payment, how should this be valued? Are the considerations the same in these two scenarios?
John D. Penn, Moderator
Perkins Coie LLP
Jamie O'Connell
PJT Partners Inc.
Rachel C. Strickland
Willkie Farr & Gallagher LLP
Hon. Michael E. Wiles
U.S. Bankruptcy Court (S.D.N.Y.)
Corporate Governance in Distress Situations
This panel will discuss what strategies sponsors are using to retain control (or at least a stake) through the bankruptcy process, as well as the risks to sponsors, such as fiduciary duties; use of special committees as sword and shield; related-party transactions; sponsor affiliates purchasing debt in the portfolio company’s capital structure, as well as 10b-5 compliance; and selling or spinning off assets/business units (Caesars, Cengage, Nine West, PetSmart, Sears, Toys).
Elisha D. Graff, Moderator
Simpson Thacher & Bartlett LLP
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.)
William H. Henrich
Getzler Henrich & Associates LLC
Arthur J. Steinberg
King & Spalding LLP
Richard L. Wynne
Hogan Lovells US LLP
Managing Management and Employment/Labor Issues in Bankruptcy
This session will examine three issues: (1) the role of management in § 363 sales (how to make sure that management plays the role of neutral stakeholder throughout the plan and/or § 363 process; what actions management might tend to take when it favors a particular bidder in the process; what happens when management wants to participate in the § 363 process); (2) managing management’s interests, including participation in the bankruptcy process (how to address management’s sometimes parochial concerns and keep them from adversely impacting the bankruptcy; the interplay between management’s desires and the desires of the fulcrum class as new owners post-restructuring; issues around management compensation (e.g., employment contracts, incentive plans, severance policies), including the assumption or rejection of existing contracts, plans or policies and/or the implementation of new ones and U.S. Trustee objections; who represents management and when management should look to cut its own deal); and (3) labor issues (issues around benefit plans; whether § 1113 is the only way to eliminate a successor clause (A&P); whether § 1113 is an option if the collective bargaining agreement expires or is expired (Hostess, Trump, Journal Register); whether the union has a claim for damages if rejection relief under § 1113 is granted).
Brett H. Miller, Moderator
Morrison & Foerster LLP
Denise Kaloudis
JLT Specialty USA
Ari Lefkovits
Lazard
Ray C. Schrock
Weil, Gotshal & Manges LLP
Hon. Alan S. Trust
U.S. Bankruptcy Court (E.D.N.Y.)
Ethics Panel
Join in this discussion on a plethora of current ethical issues, including when it is necessary to obtain a conflict waiver (current vs. recent vs. former clients); directly adverse vs. positionally adverse; relatedness to a prior matter; use of confidential information; review of disinterestedness standards under BC § 101(14) and related disclosure requirements; the ABI Report on Standards of Professional Courtesy and Conduct; Caesars litigation over disinterestedness of debtor’s counsel; professionals retentions and disclosure requirements (disclosing conflicts and the Jay Alix/McKinsey litigation); and litigation financing in the liquidating trust context.
Marc E. Hirschfield, Moderator
Royer Cooper Cohen Braunfeld LLC
Ira L. Herman
Blank Rome LLP
Deirdre A. McGuinness
Epiq
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.)
William P. Weintraub
Goodwin Procter LLP
5:30-7:00 p.m.
Networking Reception
Sponsored by Validity Finance, LLC
Conference Chairs
Hon. Sean H. Lane, Judicial Chair
U.S. Bankruptcy Court (S.D.N.Y.)
Sean A. Gumbs, Co-Chair
FTI Consulting, Inc.
Sandeep Qusba, Co-Chair
Simpson Thacher & Bartlett LLP
Conference Advisory Board
Elizabeth Abrams
Guggenheim Securities, LLC
Jasmine Ball
Debevoise & Plimpton LLP
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP
Philip Bentley
Kramer Levin Naftalis & Frankel LLP
Martin J. Bienenstock
Proskauer
Jessica C. Knowles Boelter
Sidley Austin LLP
Ronen A. Bojmel
Guggenheim Securities, LLC
William A. Brandt, Jr.
Development Specialists, Inc.
Kathryn A. Coleman
Hughes Hubbard & Reed LLP
Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C.
Debra A. Dandeneau
Baker & McKenzie LLP
Douglas E. Deutsch
Clifford Chance US LLP
Gerard DiConza
Archer
Christopher R. Donoho, III
Hogan Lovells US LLP
Dennis F. Dunne
Milbank, Tweed, Hadley & McCloy LLP
Daniel J. Ehrmann
King Street Capital Management, L.P.
Robert J. Feinstein
Pachulski Stang Ziehl & Jones LLP
Eric B. Fisher
Binder & Schwartz LLP
Jonathan L. Flaxer
Golenbock Eiseman Assor Bell & Peskoe LLP
Jonathan E. Goldin
Goldin Associates, LLC
Robert D. Gordon
Jenner & Block
Nicole L. Greenblatt
Kirkland & Ellis LLP
David A. Hammerman
Latham & Watkins LLP
Kristopher M. Hansen
Stroock & Stroock & Lavan LLP
Dion W. Hayes
McGuireWoods LLP
Nathan A. Haynes
Greenberg Traurig, LLP
Marc J. Heimowitz
Coda Advisory Group LLC
William H. Henrich
Getzler Henrich & Associates LLC
Ira L. Herman
Blank Rome LLP
David Hilty
Houlihan Lokey
Marc E. Hirschfield
Royer Cooper Cohen Braunfeld LLC
Evan C. Hollander
Orrick, Herrington & Sutcliffe LLP
Zul Jamal
Moelis & Company
Christopher A. Jarvinen
Berger Singerman LLP
Daniel B. Kamensky
Marble Ridge Capital LP
Susheel Kirpalani
Quinn Emanuel Urquhart & Sullivan, LLP
Alexander A. Klipper
Citigroup
Samuel S. Kohn
Norton Rose Fulbright US LLP
Alan W. Kornberg
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Mark P. Kronfeld
BlackRock
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP
Sharon L. Levine
Saul Ewing Arnstein & Lehr LLP
Daniel A. Lowenthal
Patterson Belknap Webb & Tyler LLP
Michael Luskin
Luskin, Stern & Eisler LLP
Kristine Manoukian
Schulte Roth & Zabel LLP
Richard G. Mason
Wachtell, Lipton, Rosen & Katz
Deirdre A. McGuinness
Epiq
Vivek Melwani
Centerbridge Partners, L.P.
Brett H. Miller
Morrison & Foerster LLP
Dave Miller
Elliott Management Corporation
Rick Morris
HPS Investment Partners, LLC
Jamie O'Connell
PJT Partners Inc.
Alec P. Ostrow
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Barbra R. Parlin
Holland & Knight LLP
John D. Penn
Perkins Coie LLP
Irving H. Picard
BakerHostetler LLP
David M. Posner
Kilpatrick Townsend & Stockton LLP
Madlyn Gleich Primoff
Freshfields Bruckhaus Deringer LLP
Marc D. Puntus
Centerview Partners LLC
Brian M. Resnick
Davis Polk & Wardwell LLP
J. Soren Reynertson
GLC Advisors & Co.
Briana Richards
EY
Deborah C. Rieger-Paganis
AlixPartners, LLP
Fred B. Ringel
Robinson Brog Leinwand Greene Genovese & Gluck, P.C.
Jeffrey S. Sabin
Venable LLP
Dr. Faten Sabry
NERA Economic Consulting
Chérie Schaible
Ankura Consulting Group, LLC
Brad E. Scheler
Fried, Frank, Harris, Shriver & Jacobson LLP
Ray C. Schrock
Weil, Gotshal & Manges LLP
Lisa M. Schweitzer
Cleary Gottlieb Steen & Hamilton LLP
Glenn E. Siegel
Morgan, Lewis & Bockius LLP
Arthur J. Steinberg
King & Spalding LLP
Rachel C. Strickland
Willkie Farr & Gallagher LLP
Leon Szlezinger
Jefferies
Andrew V. Tenzer
Paul Hastings LLP
Albert J. Togut
Togut, Segal & Segal LLP
Brian Trust
Mayer Brown LLP
Suzzanne Uhland
O’Melveny & Myers LLP
J. Scott Victor
SSG Capital Advisors, LLC
William P. Weintraub
Goodwin Procter LLP
Edward S. Weisfelner
Brown Rudnick LLP
John W. Weiss
Alston & Bird LLP
Christopher K. Wu
Teneo
Kenneth S. Ziman
Lazard
Paul H. Zumbro
Cravath, Swaine & Moore LLP
Conference Information
Hotel Accommodations
Located in Midtown Manhattan within blocks of Central Park, Times Square, the Theatre District, Fifth Avenue shopping, MOMA and so much more, the New York Hilton Midtown is the perfect host hotel for this program. ABI has negotiated a special conference rate of $309 single/double per night from May 22-23, 2019, at the New York Hilton Midtown (reservations must be made by April 28, 2019, to secure this special rate). Please call (212) 586-7000 to make your reservations. Reservations may be made only once you have registered with ABI. Be sure to identify yourself with the conference to obtain the special conference rate. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Conference Attire
Professional business attire is requested throughout the conference.
Continuing Education Credit*
7.5 hours of general CLE credit, including 1.25 hours of ethics, is pending in states calculating CLE on a 60-minute hour, and 9 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 7.5 hours, of which 1.25 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 9 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. 9 hours of CPE credit, including 1.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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. For information on tuition assistance, e-mail [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by May 1, 2019. No refunds will be granted after May 1, although substitutions will be allowed. After May 1, 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.
Event Sponsors
agencyIP
Akin Gump Strauss Hauer & Feld LLP
AlixPartners, LLP
Alston & Bird LLP
Ankura Consulting Group, LLC
ArcherBaker & McKenzie LLP
Baker Tilly Virchow Krause, LLP
BakerHostetler LLP
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Berger Singerman LLP
Binder & Schwartz LLP
BlackRock, Inc.
Blank Rome LLP
Brown Rudnick LLPCenterbridge Partners, L.P.
Centerview Partners LLC
Citigroup
Cleary Gottlieb Steen & Hamilton LLP
Clifford Chance US LLP
Coda Advisory Group LLC
Cravath, Swaine & Moore LLPDavis Polk & Wardwell LLP
Debevoise & Plimpton LLP
Development Specialists, Inc.EisnerAmper LLP
Elliott Management Corporation
Epiq
EYFreshfields Bruckhaus Deringer LLP
Fried, Frank, Harris, Shriver & Jacobson LLP
FTI Consulting, Inc.Gavin/Solmonese LLC
Getzler Henrich & Associates LLC
GLC Advisors & Co.
Goldin Associates, LLC
Golenbock Eiseman Assor Bell & Peskoe LLP
Goodwin Procter LLP
Grant Thornton LLP
Greenberg Traurig, LLP
Guggenheim Securities, LLCHogan Lovells US LLP
Holland & Knight LLP
Houlihan Lokey
HPS Investment Partners, LLC
Hughes Hubbard & Reed LLPJefferies
Jenner & BlockKilpatrick Townsend & Stockton LLP
King & Spalding LLPKing Street Capital Management, L.P.
Kirkland & Ellis LLP
Kramer Levin Naftalis & Frankel LLPLatham & Watkins LLP
Lazard
Loeb & Loeb LLP
Luskin, Stern & Eisler LLPMarble Ridge Capital LP
Mayer Brown LLP
McGuireWoods LLP
McKinsey RTS
Milbank, Tweed, Hadley & McCloy LLP
Moelis & Company
Morgan, Lewis & Bockius LLP
Morrison & Foerster LLPNERA Economic Consulting
Norton Rose Fulbright US LLPO’Melveny & Myers LLP
Orrick, Herrington & Sutcliffe LLP
Otterbourg P.C.Pachulski Stang Ziehl & Jones LLP
Patterson Belknap Webb & Tyler LLP
Paul Hastings LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Perkins Coie LLP
PJT Partners Inc.
Polsinelli PC
ProskauerQuinn Emanuel Urquhart & Sullivan, LLP
Robinson Brog Leinwand Greene Genovese & Gluck, P.C.
Royer Cooper Cohen Braunfeld LLCSaul Ewing Arnstein & Lehr LLP
Schulte Roth & Zabel LLP
Sherwood Partners, Inc.
Sidley Austin LLP
Simpson Thacher & Bartlett LLP
Skadden, Arps, Slate, Meagher & Flom LLP
SSG Capital Advisors, LLC
Stroock & Stroock & Lavan LLPTeneo
Togut, Segal & Segal LLPValidity Finance, LLC
Venable LLPWachtell, Lipton, Rosen & Katz
Weil, Gotshal & Manges LLP
Willkie Farr & Gallagher LLP
Wilmington Trust2019 Conference Rates
Registration Rates Early
(by 3/8/19)Regular
(3/9/19-5/3/19)Late
(after 5/3/19)ABI Member $695$795 $895Join ABI and Save!* $1,020$1,120 $1,220Non-Member $1,120$1,220 $1,320Gov’t./Aca./Nonprofit ABI Member $400$450 $500Gov’t./Aca./Nonprofit New ABI Member* $525$575 $625Registration rates include continental breakfast, luncheon presentation, all refreshment breaks and electronic materials.
* Includes a one-year membership for first-time members only — a $350 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership renewal fee on this form.
ABI Member Exhibitor**:$1,600ABI Member Secondary Exhibitor:$500New ABI Member Exhibitor***:$1,925New ABI Member Secondary Exhibitor***:$825** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’ table, full registration for one booth representative AND a one-year membership for first-time members only — a $350 value! Membership is individual and nonrefundable. 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.
Event Information 273779
Thursday, May 2
11:00 a.m.
Golf
The Rees Jones-designed North Course at Lake of Isles, the #1 golf course in Connecticut, challenges players with its more than 7,300 yards of manicured fairways and greens. Five sets of tees at each hole give golfers of all skill levels a chance to score. Players can arrive as early as 10:00 a.m., a continental breakfast will be provided. A shotgun start is at 11:00 a.m.; boxed lunch included.
1:30 - 3:30 p.m.
Golf Clinic
This two-hour golf clinic with Golf Academy PGA professionals will include one hour of full swing and one hour of short game.
4:00-5:30 p.m.
Women’s Judicial Roundtable
All attendees welcome!
Melanie Cyganowski, Moderator
Otterbourg P.C.; New York
Hon. Stacey L. Meisel
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. Ann M. Nevins
U.S. Bankruptcy Court (D. Conn.); New Haven
6:00 - 7:30 p.m.
Cocktail Reception
Silent Auction sponsored by GSM Charity Auctions
Friday, May 3
7:30-8:30 a.m.
Hot Breakfast
8:30-8:45 a.m.
Opening Remarks
8:45-10:00 a.m.
Views from the Bench
Sponsored by Arent Fox LLP
Leading judges from three circuits will discuss cutting-edge bankruptcy and restructuring issues, developing or changing bankruptcy jurisprudence, and practice tips and advice on recent trends.
Andrew I. Silfen, Moderator
Arent Fox LLP; New York
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Julie A. Manning, Chief Judge
U.S. Bankruptcy Court (D. Conn.); Bridgeport
Hon. Stacey L. Meisel
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. Christopher J. Panos, Chief Judge
U.S. Bankruptcy Court (D. Mass.); Boston
Joshua W. Cohen, Facilitator
Day Pitney LLP; New Haven, Conn.
10:00-10:10 a.m.
Break
Sponsored by RJ Reuter Business Consulting
10:10-11:00 a.m.
Blockchain in 2019: Bankruptcy and Beyond
Nick Kammerman, Moderator
Chateaux; Westport, Conn.
Richard Gordon
IBM, Blockchain Solution Sales Leader; New York
Omid Malekan
New York
Jason A. Nagi
Polsinelli; New York
11:00-11:10 a.m.
Break
11:10 a.m.-12:00 p.m.
New Opportunities in Asset Based Lending; A Fresh Look at Cannabis, MCA Finance and Factoring
Sponsored by Prestige Capital Corp. and SM Law PC
Gift Certificates to Frank Pepe Pizzeria Napoletana will be raffled upon completion of this session!
Frank A. Segall, Moderator
Burns & Levinson LLP, Chairman of Cannabis Business Advisory Group; Boston, Mass.
Jordan Allen
Reich Bros Finance, LLC; Chicago, Ill.
James Franz
Next Edge Capital; Buffalo, NY
Stuart Rosenthal
Prestige Capital Corp.; Fort Lee, N.J.
Todd Sherer
Entrepreneur Growth Capital; New York
Advisory Board
Joshua W. Cohen
Day Pitney LLP; New Haven, Conn.
Melanie Cyganowski
Otterbourg P.C.; New York
Jacen Dinoff
KCP Advisory Group LLC; Burlington, Mass.
Leah Eisenberg
Foley & Lardner LLP; New York
Samuel J. Gerdano
American Bankruptcy Institute; Alexandria, Va.
Harvey Gross
New York Institute of Credit; New York
Nick Kammerman
Chateaux; Westport, Conn.
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP; Boston
Ryan J. Mulcunry
Great American Group; Needham, Mass.
Stan Pearson
Pearson Consulting Group: Greenwich, Conn.
Andrew I. Silfen
Arent Fox LLP; New York
David M. Weinstein
NextEdge Capital, Westport, Conn.
Thursday, May 2
11:00 a.m.
Golf
The Rees Jones-designed North Course at Lake of Isles, the #1 golf course in Connecticut, challenges players with its more than 7,300 yards of manicured fairways and greens. Five sets of tees at each hole give golfers of all skill levels a chance to score. Players can arrive as early as 10:00 a.m.; shotgun start is at 11:00 a.m. Includes a boxed lunch. This optional event has an additional fee of $225.
1:30 - 3:30 p.m.
Golf Clinic
This two-hour golf clinic with Golf Academy PGA professionals will include one hour of full swing and one hour of short game. This optional event has an additional fee of $165. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Hotel
The Mohegan Sun is one of the world’s most amazing destinations, containing some of New England’s finest dining, hotel accommodations, shopping and golf. The resort is within 45 minutes of Providence, Hartford and New Haven, and just over 90 minutes from Boston. New York is little more than 2 hours away. ABI has arranged a special conference rate of $159 single/double from May 1-2, 2019. Make your reservations by April 17, 2019, to reserve this special rate. You can make your reservation online at: ABI/NYIC cannot guarantee anyone a room after the April 17 cutoff or after the specially rated ABI/NYIC block has been filled.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 11, 2019. No refunds will be granted after April 11, but substitutions will be allowed. After April 11, 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 Credit
Approval for approximately 4.75 hours of CLE credit is pending in states calculating CLE on a 60-minute hour, and 5.7 hours of CLE credit 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 4.75 hours. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 5.5 credit hours. 5.5 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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. For information on tuition assistance, send an e-mail to adonohue@abiworld.org.
Symposium Rates
Early
(by 4/5/19)Regular
(4/6/19-5/1/19)On-Site
(5/2/19-5/3/19)ABI/TMA/NYIC Member$275$320$365Non-Member$320$365$410Guest*$125$125$125Golf$225$225$225Golf Clinic**$165$165$165Exhibitor***$500$500$500* A “GUEST” IS 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.
** This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
*** Includes registration for the Symposium.
Event Information 274095
Thursday, June 13
2:00-5:45 p.m.
Registration Open in Governors Prefunction
3:00-6:00 p.m.
Optional Event: Young & New Members Pub Outing
4:30-6:00 p.m.
Optional Event: IWIRC Cocktail Reception
Sponsored by IWIRC Chicago, Michigan and Wisconsin Networks
To register for the event, please click here
6:00-8:00 p.m.
Opening Reception
Sponsored by Godfrey & Kahn SC
Bars Sponsored by Barnes & Thornburg LLP, Warner Norcross + Judd and Kerr, Russell and Weber, PLC
Registration will move the Beach Deck at 5:45 p.m.
Friday, June 14
All-Day Coffee
Sponsored by Wolfson Bolton PLLC
7:15-8:15 a.m.
Breakfast
Sponsored by Greenberg Traurig LLP & MorrisAnderson
7:30-7:45 a.m.
Welcome by Central States Bankruptcy Workshop Program Chairs
7:45-9:15 a.m.
Top 10 Ethics Traps and How to Avoid Them
Hon. Thomas J. Tucker, Moderator
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Alane A. Becket
Becket & Lee LLP; Malvern, Pa.
Jeffery P. Phillips
Quarles & Brady LLP; Madison, Wis.
Peter J. Roberts
Fox Rothschild LLP; Chicago
9:15-10:30 a.m.
Concurrent Sessions (5)
Business Track
Preparing for the Next Recession
Hon. Catherine J. Furay, Moderator
U.S. Bankruptcy Court (W.D. Wis.); Madison
Mark Iammartino
Development Specialists, Inc.; Chicago
James A. Lodoen
Ballard Spahr LLP; Minneapolis
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Contracting Around the Bankruptcy Code and Communicating with Your Corporate Partner
Hon. Mark A. Randon, Moderator
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Allison R. Bach
Dickinson Wright PLLC; Detroit
Kim K. Hillary
Schafer and Weiner; Bloomfield Hills, Mich.
Nicholas M. Miller
Neal, Gerber & Eisenberg LLP; Chicago
Consumer Track
Who Gets What? Chapter 7 and 13 Conversions, Dismissal Considerations and More
Hon. James W. Boyd, Moderator
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Elizabeth M. Abood-Carroll
Orlans P.C.; Troy, Mich.
Virginia E. George
Steinhilber Swanson LLP; Oshkosh, Wis.
John T. Piggins
Miller, Johnson, Snell & Cummiskey, P.L.C.; Grand Rapids, Mich.
Automatic Stay Violations and Sanctions Litigation
Hon. Beth E. Hanan, Moderator
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Thomas E. Hoffman
Barnes & Thornburg LLP; Minneapolis
Jennifer M. Schank
Fuhrman + Dodge, S.C.; Middleton, Wis.
Kristina M. Stanger
Nyemaster Goode, P.C.; Des Moines, Iowa
Skills Track
Effective Client Interviews, Deposition Strategies, Techniques and More
Carla O. Andres, Moderator
Godfrey & Kahn, S.C.; Green Bay, Wis.
James E. DeLine
Kerr, Russell and Weber, PLC; Detroit
James R. Oppenhuizen
Oppenhuizen Law Firm, PLC; Grand Rapids, Mich.
James Patrick Shea
Kolestar & Leatham; Las Vegas
10:30-10:45 a.m.
Refreshment Break
Sponsored by Wolfson Bolton PLLC
10:45 a.m.-12:00 noon
Concurrent Sessions (5)
Business Track
Farm to Table, They Are All in Trouble!
This panel will discuss growers, processors, retailers and restaurants, especially fast casual (e.g., Chipotle), and the distress occurring along the entire “food chain.” How are changing consumer preferences driving this distress, including those of the Millennial generation?
Hon. Michael E. Ridgway, Moderator
U.S. Bankruptcy Court (D. Minn.); Minneapolis
Mark A. Bogdanowicz
Howard & Howard; Peoria, Ill.
John W. Menn
Steinhilber Swanson LLP; Oshkosh, Wis.
Steven R. Wybo
Conway MacKenzie, Inc.; Birmingham, Mich.
Benefits and Pitfalls to Restructuring, Recapitalizing or Selling Out of Court
Daniel F. Dooley, Moderator
MorrisAnderson & Associates, Ltd.; Chicago
Hon. Janet S. Baer
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Susan M. Cook
Warner Norcross + Judd LLP; Midland, Mich.
Sheryl S. Toby
Dykema Gossett PLLC; Detroit
Brian P. Welch
Burke, Warren, MacKay & Serritella, P.C.; Chicago
Consumer Track
The Small Business Owner’s Chapter 13
Hon. Brett H. Ludwig, Moderator
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Caralyce M. Lassner
Law Office of George E. Jacobs and Associates; Flint, Mich.
Benjamin Payne
Hanson & Payne, LLC; Milwaukee
Craig E. Stevenson
DeWitt LLP; Madison, Wis.
Business/Consumer Crossover Session
E-Discovery and Cybersecurity for Insolvency Professionals
Hon. Mary Ann Whipple, Moderator
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Mark Kindy
Alvarez & Marsal; New York
Megan P. McKnight
Tealstone Law, PLC; Royal Oak, Mich.
Elizabeth B. Vandesteeg
Sugar Felsenthal Grais & Helsinger LLP; Chicago
Skills Track
Understanding DIP Financing Agreements, Valuation Approaches and More
Hon. Daniel S. Opperman, Moderator
U.S. Bankruptcy Court (E.D. Mich.); Bay City
Scott A. Eisenberg
Amherst Partners; Birmingham, Mich.
David L. Kane
Vedder Price P.C.; Chicago
Michael R. Stewart
Faegre Baker Daniels LLP; Minneapolis
12:00-2:00 p.m.
Optional Event: Family Picnic
Sponsored by Fox Rothschild LLP
1:00 p.m.
Optional Event: Golf Tournament
1:00-5:00 p.m.
Optional Event: Wine Tour
Sponsored by Pepper Hamilton LLP
2:00-6:00 p.m.
Optional Event: Kayaking Excursion
2:30-5:00 p.m.
Optional Event: Tour de ABI Bicycle Outing
Sponsored by Commercial Recovery Associates, LLC & Ice Miller LLP
Enjoy an approximately 19-mile ride around Mission Peninsula. This ride is perfect for beginner to intermediate riders and will be accompanied by a guide.
6:30-9:30 p.m.
Optional Event: Dine-Around
8:00-10:00 p.m.
S’mores at the Shore
Sponsored by Jenner & Block LLP
Saturday, June 15
All-Day Coffee
Sponsored by Neal, Gerber, Eisenberg LLP
7:00-8:30 a.m.
Breakfast
Sponsored by Perkins Coie LLP and Jaffe Raitt Heuer & Weiss, P.C.
7:30-7:45 a.m.
Morning Announcements
7:45-9:00 a.m.
The Ethics of the Vulnerable Client Population in Bankruptcy
Hon. Robyn L. Moberly, Moderator
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis
Michelle Bass
Wolfson Bolton PLLC; Troy, Mich.
Charles D. Bullock
Stevenson & Bullock, PLC; Southfield, Mich.
Kelly M. Hagan
Hagan Law Offices PLC; Traverse City, Mich.
9:00-10:00 a.m.
Repeat Concurrent Sessions (5)
Business Track
Farm to Table, They Are All in Trouble!
Benefits and Pitfalls to Restructuring, Recapitalizing or Selling Out of Court
Consumer Track
The Small Business Owner’s Chapter 13
E-Discovery and Cybersecurity for Insolvency Professionals
Skills Track
Understanding DIP Financing Agreements, Valuation Approaches and More
10:00-10:15 a.m.
Refreshment Break
10:15 a.m.-11:15 a.m.
Repeat Concurrent Sessions (5)
Business Track
Preparing for the Next Recession
Contracting Around the Bankruptcy Code and Communicating with Your Corporate Partner
Consumer Track
Who Gets What? Chapter 7 and 13 Conversions, Dismissal Considerations and More
Automatic Stay Violations and Sanctions Litigation
Skills Track
Effective Client Interviews, Deposition Strategies, Techniques and More
11:15 a.m.-12:30 p.m.
Judicial Roundtables
Hon. Janet S. Baer
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Hon. James W. Boyd
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Hon. Catherine J. Furay
U.S. Bankruptcy Court (W.D. Wis.); Madison
Hon. Beth E. Hanan
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Hon. Brett H. Ludwig
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Hon. Robyn L. Moberly
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis
Hon. Daniel S. Opperman
U.S. Bankruptcy Court (E.D. Mich.); Bay City
Hon. Mark A. Randon
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Hon. Michael E. Ridgway
U.S. Bankruptcy Court (D. Minn.); Minneapolis
Hon. Thomas J. Tucker
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Hon. Mary Ann Whipple
U.S. Bankruptcy Court (N.D. Ohio); Toledo
12:30 p.m.
Adjourn
Workshop Chairs
Hon. James. W. Boyd, Judicial Chair
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Hon. Catherine J. Furay, Judicial Chair
U.S. Bankruptcy Court (W.D. Wis.); Madison
Richard E. Kruger
Jaffe Raitt Heuer & Weiss; Southfield, Mich.
Mark L. Radtke
Fox Rothschild LLP; Chicago
Advisory Board
A. Todd Almassian
Keller & Almassian, PLC; Grand Rapids, Mich.
Carla O. Andres
Godfrey & Kahn, S.C.; Green Bay, Wis.
Allison R. Bach
Dickinson Wright PLLC; Detroit
Kay Dee Baird
Krieg DeVault; Indianapolis
Brendan G. Best
Varnum LLP; Detroit
Chris L. Blacker
AlixPartners, LLP; Chicago
Mark A. Bogdanowicz
Howard & Howard; Peoria, Ill.
Steven B. Chaiken
Adelman & Gettleman, Ltd.; Chicago, Ill.
Scott R. Clar
Crane, Simon, Clar & Dan; Chicago
Tracy M. Clark
Steinberg Shapiro & Clark; Southfield, Mich.
Rebecca R. DeMarb
DeMarb Brophy, LLC; Madison, Wis.
Shelly A. DeRousse
Freeborn & Peters LLP; Chicago
Daniel F. Dooley
MorrisAnderson & Associates, Ltd.; Chicago
Scott A. Eisenberg
Amherst Partners; Birmingham, Mich.
Robert C. Folland
Barnes & Thornburg LLP; Columbus, Ohio
Andrea Gonzalez
Alvarez & Marsal; Chicago
E. Philip Groben
Gensburg Calandriello & Kanter, P.C.; Chicago
Terry E. Hall
Terry Hall Law PC; Greencastle, Ind.
Hon. Beth E. Hanan
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Robert P. Handler
Commercial Recovery Associates, LLC; Chicago
Jeffrey A. Hokanson
Ice Miller LLP; Indianapolis
Richard S. Lauter
Lewis Brisbois Bisgaard & Smith LLP; Chicago
James A. Lodoen
Ballard Spahr LLP; Minneapolis
Dennis W. Loughlin
Warner Norcross + Judd LLP; Southfield, Mich.
Hon. Brett H. Ludwig
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Evelyn J. Meltzer
Pepper Hamilton LLP; Wilmington, Del.
John W. Menn
Steinhilber Swanson LLP; Oshkosh, Wis.
Nicholas M. Miller
Neal, Gerber & Eisenberg LLP; Chicago
Cynthia A. Moyer
Fredrikson & Byron P.A.; Minneapolis
Richard D. Nelson
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Joel D. Nesset
Cozen O’Connor; Minneapolis
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Melissa M. Root
Jenner & Block; Chicago
Jayson B. Ruff
McDonald Hopkins LLC; Bloomfield, Mich.
Nathan Q. Rugg
Barack Ferrazzano Kirschbaum & Nagelberg LLP; Chicago
Hon. John H. Squires (ret.)
Springer Brown, LLC; Wheaton, Ill.
Anne R. Vanderkamp
Baker Tilly Virchow Krause, LLP; Chicago
Elizabeth B. Vandesteeg
Sugar Felsenthal Grais & Helsinger LLP; Chicago
Iana A. Vladimirova
Husch Blackwell LLP; Madison, Wis.
Eric E. Walker
Perkins Coie LLP; Chicago
David K. Welch
Burke, Warren, MacKay & Serritella, P.C.; Chicago
Hon. Mary Ann Whipple
U.S. Bankruptcy Court (N.D. Ohio); Toledo
Scott A. Wolfson
Wolfson Bolton PLLC; Troy, Mich.
Optional Events
Young & New Members Pub Outing
Thursday, June 13, 3:00-6:00 p.m.
Join us for this perennial favorite! We will visit two of Michigan’s premier breweries: Right Brain Brewery and The Filling Station. #BeerNoEvil with Right Brain Brewery, voted one of the “Top 10 Best Breweries in Michigan.” The Filling Station features a rotating list of at least 10 craft beers, as well as views of Boardman Lake from inside the pub or out on the patio. The $65 fee includes transportation and sampler flights at both stops. Please select the corresponding option on the online registration form.
IWIRC Cocktail Reception
Thursday, June 13, 4:30-6:00 p.m.
Sponsored by the IWIRC Chicago, Michigan and Wisconsin Networks
Join IWIRC for cocktails and hors d’oeuvres to kick off the 2019 ABI Central States Bankruptcy Workshop. The Cocktail Reception will occur immediately prior to the ABI Opening Reception. The reception is free for IWIRC members and $10 for non-IWIRC members. Register here
Golf Tournament
Friday, June 14, 1:00 p.m.
Spruce Run, Grand Traverse Resort and Spa’s original resort course, was given the name in 1992 as a reflection of the numerous fir and spruce trees that line its fairways and undulating greens. More forgiving than The Bear, Spruce Run is fun to play, yet still retains some of the challenge it was renowned for when it was the venue for the Michigan Open. It winds among the rolling hills surrounding the Hotel overlooking East Grand Traverse Bay. Water comes into play on 13 holes, and the 8th hole is the only hole on the course with no bunkers. The $140 fee for golf includes green fee and cart, box lunch and beverage, and prizes. Please select the corresponding option on the online registration form, and indicate your handicap.
Wine Tour
Friday, June 14, 1:00-5:00 p.m.
Sponsored by Pepper Hamilton LLP
Another annual favorite! Get a taste of the Old Mission Peninsula as we visit Black Star Farms, Bower’s Harbor and Chateau Chantal. Black Star Farms is a small winery with a hand-crafted approach to wine-making. The next stop is family-run Bower’s Harbor, followed by Chateau Cantal, where we can enjoy breathtaking views of the East and West Bays. The cost is $70 per person and includes transportation, tour, tastings and gratuity. Please select the corresponding option on the online registration form.
Kayaking Excursion
Friday, June 14, 2:00-6:00 p.m.
The $50-per-person fee includes guide, 4-hour kayak rental, snack and gratuities. Please select the corresponding option on the online registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Tour de ABI Bicycle Outing
Friday, June 14, 2:30-5:00 p.m.
Sponsored by Commercial Recovery Associates, LLC & Ice Miller LLP
Enjoy an approximately 19-mile ride around Mission Peninsula. This ride is perfect for beginner to intermediate riders and will be accompanied by a guide. The $20-per-person fee includes guide, snack and gratuities. Please check the appropriate box on the online registration form.
Dine-Around
Friday, June 14, 6:30-9:30 p.m
More Information To Come! Please select the corresponding option on the online registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Conference Information
Hotel
The Grand Traverse Resort and Spa is regarded as one of Michigan’s premier vacation destinations. It has been ranked among the nation’s finest resorts, with accolades from Golf Digest, USA Today, Family Circle, Condé Nast, Travel + Leisure and more. ABI has arranged a special conference rate of $198 single/double (Hotel rooms) and $238 single/double (Tower rooms) per night. Make your reservations by May 17, 2019, to reserve the special rate. ABI cannot guarantee anyone a room after the May 17 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.
Spa Discount:The Grand Traverse Resort and Spa has graciously extended attendees a 10% discount off spa treatments valued at $99 or more. To receive the 10% group discount, make your appointment with the spa at 800-748-0303, ext. 6750 or [email protected].
Transportation
Air: The Grand Traverse Resort and Spa is just six miles northeast of Traverse City, Mich., and 10 minutes from Traverse City’s Cherry Capital Airport (TVC). For guests who are flying in, the resort offers complimentary Airport Shuttle service to and from the resort. Contact the front desk at 800-236-1577 to reserve shuttle service. Detroit and Chicago are within a 4- to 6-hour drive
Ground: Rental car discounts are available with the following companies: Avis Worldwide, www.avis.com, number (AWD) T312900; Budget, www.budget.com, number (BCD) Z823091; and Enterprise, www.enterprise.com, number EHSB16A and pin ENT.
Continuing Education Credit
8.25 hours of CLE credit, including 2.75 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 9.9 hours of CLE credit, including 3.3 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 9.5 credit hours, of which 3 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 8.25 hours, of which 2.75 hours will apply to ethics. 9.5 hours of CPE credit, including 3 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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 [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by May 23, 2019. No refunds will be granted after May 23, but substitutions will be allowed. After May 23, 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.
Platinum Sponsors
Adelman & Gettleman Ltd
AlixPartners, LLP
Fox Rothschild LLP
Freeborn & Peters LLP
Godfrey & Kahn SC
Greenberg Traurig LLP
Jaffe Raitt Heuer & Weiss, P.C.
Jenner & Block
Krieg DeVault LLP
MorrisAnderson
Neal, Gerber & Eisenberg LLP
Perkins Coie LLP
Steinhilber Swanson LLP
Wolfson Bolton PLLCGold Sponsors
Barnes & Thornburg LLP
Gavin/Solmonese LLC
Kerr, Russell and Weber, PLC
McDonald Hopkins PLC
Warner Norcross + JuddSilver Sponsors
Baker Tilly Virchow Krause, LLP
Ballard Spahr LLP
Commercial Recovery Associates, LLC
DeMarb Brophy LLC
Dickinson Wright PLLC
Howard & Howard Attorneys, PLLC
Ice Miller LLP
Keller & Almassian, PLC
Pepper Hamilton LLP
Stevenson & Bullock, P.L.C.Special Thanks
We extend our special thanks to Wilmington Trust for providing the tote bags.
Conference Rates*
Registration Rates* Early
(by 4/19/19)Regular
(4/20/19-5/24/19)Late
(after 5/24/19)ABI Member$625$675$745Govt./Academic/Nonprofit ABI Member$375$425$475New ABI Member**$950$1,000$1,080Govt./Academic/Nonprofit New ABI Member**$500$550$600* There will be a $50 fee added to all on-site registrations.
** Includes a one-year ABI membership for first-time members — a $350 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.
Exhibitor Rates
ABI Member Exhibitor Registration***$1,200New ABI Member Exhibitor Registration****$1,550Additional Booth Representative$300*** Includes one 6’ table and full registration for one booth representative.
**** Includes one 6’ table, full registration for one booth representative AND a one-year ABI membership.
Optional Events
AttendeeYoung & New Members Pub Outing$65Opening ReceptionOpening Reception GuestOpening Reception Child (13 and under)
$0$40$20Family Picnic$0Golf TournamentHandicap _____$140Wine Tour$70Kayaking Excursion$50Tour de ABI Bicycle Outing$20Dine-AroundTBDS’mores at the ShoreS’mores GuestS’mores Child (13 and under)
$0$15$10ABI 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.
Event Information 274307
Thursday, May 9
1:30 p.m.
Registration
2:00-2:40 p.m.
The What and the Why of Mediation
What Is Mediation? Mediation is a cost-effective process dependent upon the cooperation of counsel, parties and the court. It can lead to voluntary settlements in all types and phases of bankruptcy cases, including consumer cases, cases and controversies under chapters 11 and 9, adversary proceedings, plan confirmations and post-confirmation litigation.
Why Mediation? Mediation is cost-effective and voluntary, even if mandated by the court. It provides parties and counsel with an opportunity to resolve matters with questionable or doubtful claims or defenses. Additionally, mediation may lead to positive personal and business relationships going forward.
View from the Bench: While litigation is not cost-effective in many cases and controversies, and while parties are of course entitled to their “day in court,” some parties might be better served by mediation. Judges are divided on whether mediation should be mandatory by rule, on the court’s own motion, or completely voluntary.
Choosing the Mediator/Styles of Mediation: Judges, Retired Judges, Lawyers, Others: Mediators might be judges, retired judges, lawyers or nonlawyers. Each category might have positive and negative characteristics, but some of the presumptions about each category might be overstated or inaccurate. A mediator should be trained and skilled by experience in whatever his or her background might be. A mediator might have a particular style; some are neutral, others are evaluative, and some might be directive. A good mediator should be flexible and ready to engage the parties in a way that moves the process along without forcing a result.
2:45-3:35 p.m.
Fundamentals of Mediation
Rules and Statutes: This aspect will focus on the requirements in the District and Commonwealth of Massachusetts; however, attendees from other jurisdictions are welcome. All will benefit from the general discussion.
Privilege and Confidentiality: Mediation must occur in a safe environment where disclosures may be made without the fear that they will be used in pending or future legal proceedings. We will cover what counsel should know about this aspect of mediation.
Mediation Agreements and Settlement Agreements: Written documents governing the mediation are critical. A written settlement agreement executed at the conclusion of a successful mediation is the best way to avoid “buyer’s remorse” when putting it on the record is not possible.
Phases of Mediation:
· Pre-Mediation Conference: Meeting with the mediator before the mediation is the surest way to plan for a successful session and is akin to a final pre-trial conference. The basic elements of the pre-mediation conference will be discussed.
· Mediation Session: The basic outline will be provided of how the mediator may lead the process to achieve a settlement through supervised negotiations.
· Caucuses and Breakouts: Counsel and parties will learn why private “ex parte meetings’’ with the mediator are permissible and how such interactions, along with plenary sessions, might aid in achieving a successful outcome.
· Putting It on the Record: Putting a settlement on the record through counsel, with the sworn acceptance of the parties, is the best way to preserve the deal.
3:35-3:45 p.m.
Break
3:45-4:35 p.m.
Role-Playing by Instructors
The participants will read a script and break out into working sessions with the faculty, then regroup for a mock mediation.
4:40-5:10 p.m.
Facilitated Discussion
The faculty will lead a discussion of the topics covered and allow the participants to voice questions and concerns.
5:10 p.m.
Adjourn
Program Chairs
Hon. Louis H. Kornreich (ret.)
Bernstein Shur; Portland, Maine
John G. Loughnane
Nutter McClennen & Fish LLP; Boston
Faculty
Christine E. Devine
Mirick, O’Connell, DeMallie & Lougee, LLP; Westborough, Mass.
Hon. Joan N. Feeney
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Louis H. Kornreich (ret.)
Bernstein Shur; Portland, Maine
John G. Loughnane
Nutter McClennen & Fish LLP; Boston
John J. Monaghan
Holland & Knight LLP; Boston
Conference Information
Location:
Suffolk University School of Law
120 Tremont Street
Boston, MA 02108Cancellation Policy:
All fees will be refunded if written notice of cancellation is received by April 18, 2019. No refunds will be granted after April 18, but substitutions will be allowed.Conference Rates
Program Rates
Regular
(Postmarked by 4/26/19)Late
(After 4/26/19)ABI Member $95 $150 Join ABI and Save* $390 $445 Gov’t./Aca./ABI Member
$50 $75 Gov’t./Aca./New ABI Member*
$145 $170 * Includes a one-year ABI membership for first-time members — a $350 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.
Event Information 274757
Thursday, July 11
2:00 p.m.
ABI Registration Desk and Exhibit Hall Open
2:30-5:00 p.m.
Emerging Leaders Program
Calling all up-and-comers in the bankruptcy industry! Join your fellow emerging leaders for an interactive half-day program for insolvency professionals with less than 10 years of experience in either consumer or business bankruptcy. We invite lawyers, financial advisors, bankers, etc. to participate in an interactive program targeting issues of particular interest to emerging leaders. An Emerging Leaders Reception will immediately follow the program.
Hon. Christopher J. Panos, Moderator
U.S. Bankruptcy Court (D. Mass.); Boston
Christopher M. Candon
Sheehan Phinney; Manchester, N.H.
Timothy J. Carter
Goulston & Storrs PC; Boston
Andre S. Digou
Chace Ruttenberg & Freedman, LLP; Providence, R.I.
Uchechi A. Egeonuigwe
Brown Rudnick LLP; New York
Chris Ferrara
Capstone Headwaters; Boston
Kate P. Foley
Mirick, O’Connell DeMallie & Lougee, LLP; Westborough, Mass.
Maegan L. Hurley
Massachusetts Debt Relief Foundation, Inc.; Boston
Molly Jobe
CR3 Partners LLC; New York
Katherine M. Krakowka
Marcus Clegg; Portland, Maine
David A. Mawhinney
K & L Gates LLP; Boston
Latonia C. Williams
Shipman & Goodwin LLP; Hartford, Conn.
5:00-6:00 p.m.
Emerging Leaders Reception (invite only)
Sponsored by WilmerHale
6:00-8:00 p.m.
Opening Reception
Sponsored by Choate Hall & Stewart LLP, Duane Morris LLP and Second Avenue Capital Partners, LLC
Bar sponsored by Argus Management Corporation, Pachulski Stang Ziehl & Jones and Sullivan & Worcester
Friday, July 12
7:00-7:45 a.m.
Breakfast
Sponsored by Brown Rudnick LLP and Murtha Cullina LLP
7:30-7:45 a.m.
Welcome Address
7:45-9:15 a.m.
Bankruptcy and the U.S. Supreme Court
The panel will discuss recent cases and longstanding Supreme Court jurisprudence on recurring themes, including law vs. equity, approaches to statutory interpretation, the role of courts and limits to jurisdiction, and bankruptcy policy related to reorganization, discharge and the fresh start.
Hon. Brian K. Tester, Moderator
U.S. Bankruptcy Court (D. P.R.); San Juan
G. Eric Brunstad, Jr.
Dechert LLP; Hartford, Conn.
Douglas Hallward-Driemeier
Ropes & Gray LLP; Washington, D.C.
Prof. Margaret Howard
Washington & Lee Law School; Lexington, Va.
9:15-9:30 a.m.
Coffee Break
Sponsored by Goulston & Storrs PC
9:30-10:45 a.m.
Business Track Sessions (2)
Nonprofits: The Internal Struggles of Officers and Directors
Two of the most currently challenged industries — higher education and health care — are also the two industries most likely to use the nonprofit form of organization. Recent high-profile cases have demonstrated the pull and tug on officers and directors of those entities. Tasked with both the practical realities imposed by the need to make payroll and the mission-based obligation to pursue the organization’s charitable purposes, the officers and directors are forced to weigh financial discipline against the obligation to heal or to educate. This panel will explore the seemingly conflicting fiduciary duties of the officers and directors of nonprofit companies, identifying those duties and the statutory protections afforded those who are faced with making real-time decisions. The discussion will also explore challenges to the actions taken, including additional hurdles to asset sales under § 363(d)(1), government agency investigations and oversight, and class action litigation.
Cynthia Romano, Moderator
CohnReznick Advisory; New York
William K. Harrington
Office of the U.S. Trustee; New York
John J. Monaghan
Holland & Knight LLP; Boston
Charles R. Powell, III
Devine, Millimet & Branch, PA; Manchester, N.H.
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn
Early-Case Orders that Dictate the End-of-Case Orders: Efficient or Disenfranchising?
Cash-collateral, DIP-financing, § 363 bid-procedure and assumption-of-restructuring-support-agreement orders all enter into the early stages of a chapter 11 case, and all have the potential to dictate how the case will end. Some argue that setting a firm course for the case in the early days promotes efficiency and recognizes the financial realities posed by current capital structures. Others argue that those same orders, fashioned by a small subset of the creditor constituencies, preclude all but those at the top of the capital structure from having an effective voice in the case. The panelists include people on both sides of that debate, and the discussion will feature such topics as benchmarks in DIP financing and cash-collateral orders, recent developments in bid-procedure orders such as the recent approval by some courts of multiple breakup fees and of a no-shop clause, and just how far a restructuring support agreement can go in a pre-negotiated case.
Hon. Hannah L. Blumenstiel, Moderator
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Stephen L. Coulombe
Berkeley Research Group LLC.; Boston
Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
Lisa Bittle Tancredi
Gebhardt & Smith LLP; Baltimore
Consumer Forum Session
Access to Bankruptcy Justice: Expanding Opportunities (Ethics Panel)
Individuals with disabilities or with limited English proficiency often require accommodations to successfully access the relief afforded by the bankruptcy system. This requirement applies whether individuals are debtors or creditors. The panelists will discuss accessibility issues and the provision of reasonable accommodations to enable debtors or creditors with differing abilities to access the bankruptcy system. They will also provide practical steps that can be taken to ensure compliance with the Rules of Professional Responsibility, the Bankruptcy Code and the Americans with Disabilities Act. The panel will explore these issues from the perspectives of counsel, judges and the U.S. Trustee’s Office.
Hon. Peter G. Cary
U.S. Bankruptcy Court (D. Maine); Portland
Stephen G. Morrell
Office of the U.S. Trustee; Portland, Maine
Marlene Sallo
Disability Law Center; Boston
Jacob T. Simon
Simon Law; Swampscott, Mass.
10:45-11:00 a.m.
Coffee Break
Sponsored by Bernstein Shur
11:00 a.m.-12:15 p.m.
Business Track Sessions (2)
Not Your Parents’ Fraudulent-Transfer Action
Practitioners are constantly looking for ways to expand, or limit, the ability of estate fiduciaries and creditors to avoid transfers. This panel will explore several cutting-edge issues with respect to fraudulent-transfer actions currently playing out in bankruptcy courts, including whether trustees may recover tuition payments by debtor-parents for the benefit of their adult children and the meaning of “reasonably equivalent value” under Section 548(A)(1)(b). The panel will explore opportunities to expand a trustee’s avoidance powers, including a trustee’s ability to stand in the shoes of the IRS and benefit from the 10-year look-back period, Ponzi scheme issues, and applying avoidance powers to foreign defendants. The speakers will also discuss whether silence is still golden in light of Husky International v. Ritz.
Andrew Z. Schwartz, Moderator
Foley Hoag LLP; Boston
Hon. Julie A. Manning
U.S. Bankruptcy Court (D. Conn.); Bridgeport
Harold B. Murphy
Murphy & King, PC; Boston
Suzanne B. Roski
Protiviti Inc.; Richmond, Va
Achieving Consensus in Bankruptcy Disputes Through Mediation
In this program, three expert mediators, two retired judges and one federal judicial mediator will provide insights on what to expect in a mediation of a dispute in a contested matter or adversary proceeding in a bankruptcy case. They will focus on the types of bankruptcy disputes that are well-suited for mediation; procedures for implementing a mediation referral, including the referral order and mediation agreement; confidentiality issues; the conduct of the mediation session; different mediation techniques; strategies for parties and counsel to conduct effective negotiations in mediations; and bad-faith participation in mediation and remedies for such conduct. The panelists also will provide their insights on traps and problems to avoid before, during and after mediation, and best practices for counsel and parties in mediations.
Hon. Joan Feeney, Moderator
U.S. Bankruptcy Court (D. Mass.); Boston
Hon. Louis H. Kornreich (ret.)
Bernstein Shur; Bangor, Maine
Berry B. Mitchell
U.S. District Court (D. R.I.); Providence
Consumer Forum Session
Student Loans: How Do We Deal with Them Before and After Bankruptcy?
It is estimated that U.S. student debt obligations now exceed $1.5 trillion. This panel will discuss the impact of student loans before and after the borrower files bankruptcy. What can an attorney do to assist his/her client in determining his/her options with student loan obligations? How can a student loan be modified, and what can be done outside the courtroom for the borrower? Further discussion will concentrate on when a student loan can be dischargeable, the difficulty in establishing a hardship discharge, how the lender defends against a debtor seeking a hardship discharge at trial, and how student loans are treated in chapter 13 proceedings throughout the First Circuit.
Hon. Elizabeth D. Katz
U.S. Bankruptcy Court (D. Mass.); Springfield
Adam S. Minsky
Law Office of Adam S. Minsky; Boston
Perry O’Brian
Bangor, Maine
Julia Pitney
Drummond Woodsum; Portland, Maine
1:00 p.m.
Optional Events
Golf Tournament at Newport National Country Club
Sponsored by Mackinac Partners LLC, Murphy & King, PC and Partridge Snow & Hahn LLP
1:30 p.m.
Tour de ABI
Tennis Tournament at the Tennis Hall of Fame
Sponsored by Huron Consulting Group Inc.
6:00-7:00 p.m.
Sponsor Reception (by invite only)
Sponsored by Foley Hoag LLP
7:00-10:00 p.m.
Dinner
Sponsored by Deloitte; Neubert, Pepe & Monteith; Pullman & Comley LLC; Ropes & Gray LLP; and Zeisler & Zeisler, P.C.
Bar sponsored by Capstone Headwaters, Devine, Millimet & Branch, PA and Sheehan Phinney
Dinner Entertainment sponsored by Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C.
Saturday, July 13
7:30-8:00 a.m.
Breakfast
Sponsored by BMC Group and McLane Middleton, PA
8:00-9:30 a.m.
Welcome to the New Age: Don’t Be Radioactive (or a Cybersecurity Victim)
Lawyers and law firms, as well as other professionals, need to understand the critical issue of data security. This panel will detail why you are at risk and what you should be doing to combat the threats. The focus will be on understanding cybersecurity risks, data-protection best practices, incident-response planning and ethical obligations. This plenary program will offer practical guidance that you can use both personally and professionally, whether focused principally on consumer or commercial issues.
Hon. Frank J. Bailey, Moderator
U.S. Bankruptcy Court (D. Mass.); Boston
Tinamarie Feil
BMC Group, Inc.; New York
Robert S. Litt
Morrison & Foerster LLP; Washington, D.C.
John G. Loughnane
Nutter McClennen & Fish LLP; Boston
9:30-9:45 a.m.
Coffee Break
Sponsored by Casner & Edwards, LLP
9:45-11:00 a.m.
Business Track Repeat Sessions (1)
Not Your Parents’ Fraudulent-Transfer Action
Business Track Sessions (1)
Other Nonbankruptcy Alternatives: Exchange Offers, Strict Foreclosures and Workouts
ABCs and state receiverships are not the only chapter 11 alternatives. With even middle-market companies having widely held and tradeable note instruments, the exchange offer provides an out-of-court alternative that, if successful, can provide most of the benefits of a confirmed chapter 11 plan, and if unsuccessful, can still provide the basis for a confirmable prepackaged plan. The panel will provide an introduction to exchange offers: the goals, mechanics and documents. The panel will also explore the current thinking on the short reach of the Trust Indenture Act in exchange offers after the Second Circuit Court of Appeals’ decision in Marblegate Asset Management vs. Education Management Corp. In addition, the panel will explore opportunities to use strict foreclosure and other consensual, or nonconsensual, workouts, wind-downs and liquidations to maximize value.
William W. Kannel, Moderator
Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C.; Boston
Stefanie Birbrower Greer
Prudential Insurance Company of America; Newark, N.J.
Craig R. Jalbert
Verdolino & Lowey, P.C.; Foxboro, Mass.
Lisa M. Kresge
Brennan Recupero Cascione Scungio McAllister LLP; Providence, R.I.
Consumer Forum Session
Violations of the Automatic Stay and the Discharge Injunction
This panel will discuss current developments in the law in the First and Second Circuits for both violations of the automatic stay and discharge injunction. We will analyze the unique consequences debtors may face when filing for bankruptcy and what might or might not violate the automatic stay (e.g., revocation of a driver’s license after an uninsured motorist files), and how corporations are able to address stay violations. The panel will discuss preparing both stay- and discharge-injunction-violation cases, including how to develop emotional-distress and punitive-damage claims, and possible additional claims to explore.
Alex F. Mattera
Partridge Snow & Hahn LLP; Boston
Steven M. Notinger
Notinger Law, PLLC; Nashua, N.H.
Hon. James J. Tancredi
U.S. Bankruptcy Court (D. Conn.); Hartford
11:00-11:15 a.m.
Coffee Break
Sponsored by Arent Fox LLP
11:15 a.m.-12:30 p.m.
Business Track Repeat Sessions (1)
Early-Case Orders that Dictate the End-of-Case Orders: Efficient or Disenfranchising?
Business Track Sessions (1)
Are Trademarks Really That Special, or Did Congress Just Miss Something?
The First Circuit Court of Appeals decision in Mission Product Holdings Inc. v. Tempnology LLC held that the absence of trademarks from the definition of intellection property in § 101(35A) of the Bankruptcy Code means that, unlike other types of intellectual property, a licensor’s rejection of a trademark license deprives its licensee of any right to continued use of the mark. The Supreme Court has accepted certiorari in the case and is expected to issue a decision late this Spring on the question of whether, under Bankruptcy Code § 365, a debtor-licensor’s rejection of a license terminates rights of the licensee that would survive the licensor’s breach under nonbankruptcy law. This panel will analyze the reach of the question presented, examine the arguments briefed, interpret the scope and breadth of the Court’s decision (assuming it is rendered before the term concludes), and consider the implications for commercial licensing and bankruptcy administration.
Hon. Michael A. Fagone, Moderator
U.S. Bankruptcy Court (D. Maine); Bangor
Lee Harrington
Nixon Peabody LLP; Boston
Lindsay Z. Milne
Bernstein Shur; Portland, Maine
Danielle Spinelli
WilmerHale; Washington, D.C.
Consumer Forum Session
Practice Pointers: When Bankruptcy and Consumer-Protection Statutes Collide
The same circumstances that lead debtors to bankruptcy often give rise to claims under various consumer-protection statutes. The Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Consumer Financial Protection Bureau’s mortgage-servicing rules, and similar consumer-protection rules and statutes can have substantial impacts on the creditor/debtor relationship. Whether you represent business or consumer debtors, creditors, or estate fiduciaries, an understanding of how consumer-protection statutes intersect with bankruptcy will help you deal with the opportunities and challenges that your clients might face when bankruptcy and consumer-protection laws meet. The panelists will discuss practical implications of the common intersection of consumer-protection statutes and bankruptcy.
Steven J. Boyajian
Robinson & Cole LLP; Providence, R.I.
Hon. Diane Finkle
U.S. Bankruptcy Court (D. R.I.); Providence
Justin A. Kesselman
Arent Fox LLP; Boston
Sarah Petrie
Massachusetts Attorney General’s Office; Boston
1:30-3:30 p.m.
Historic Walking Tour
3:00-4:00 p.m.
Ice Cream Social
4:00-5:00 p.m.
The Honorable James F. Queenan, Jr. Seaside Chat
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Concord
Prof. Margaret Howard
Washington & Lee Law School; Lexington, VA
Richard E. Mikels
Pachulski Stang Ziehl & Jones; New York
Northeast Bankruptcy Conference Co-Chairs
Hon. Michael A. Fagone
U.S. Bankruptcy Court (D. Maine)
Hon. Diane Finkle
U.S. Bankruptcy Court (D. R.I.)
David A. Rychalsky
Capstone Headwaters LLC
Adrienne K. Walker
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Northeast Consumer Forum Co-Chairs
Donald R. Lassman
Lassman Law
Anthony J. Manhart
PretiFlaherty
Advisory Board
Kellianne T. Baranowsky
Green & Sklarz, LLC
Christopher M. Candon
Sheehan Phinney
Paul W. Carey
Mirick, O’Connell DeMallie & Lougee, LLP
Roger A. Clement, Jr.
Verrill Dana LLP
James C. Ebbert
Cratos Advisors, Inc.
Michael J. Epstein
Deloitte Transactions and Business Analytics LLP
Michael J. Fencer
Jager Smith P.C.
Jeremy R. Fischer
Drummond Woodsum
Matthew R. Flynn
Verdolino & Lowey, P.C.
Edmond J. Ford
Ford & McPartlin, P.A.
Julia Frost-Davies
Morgan, Lewis & Bockius LLP
Jay S. Geller
Law Office of Jay S. Geller
Douglas R. Gooding
Choate Hall & Stewart LLP
Lee Harrington
Nixon Peabody LLP
Eric A. Henzy
Reid and Riege, P.C.
D. Ethan Jeffery
Murphy & King
Jeffrey L. Jonas
Brown Rudnick LLP
Robert E. Kaelin
Murtha Cullina LLP
Marjorie E. Kaufman
Getzler Henrich & Associates LLC
Benjamin W. Loveland
WilmerHale
George J. Marcus
Marcus Clegg
Richard E. Mikels
Pachulski Stang Ziehl & Jones
Lindsay Z. Milne
Bernstein Shur
John J. Monaghan
Holland & Knight LLP
Paul D. Moore
Duane Morris LLP
William R. Moorman, Jr.
Partridge Snow & Hahn LLP
Guy B. Moss
Riemer & Braunstein LLP
Nina M. Parker
Parker & Associates
David T. Plastino
EY Transaction Economics Group
Cynthia Romano
CohnReznick LLP
Tanya Sambatakos
Molleur Law Office
Andrew Z. Schwartz
Foley Hoag LLP
Douglas S. Skalka
Neubert, Pepe & Monteith, P.C.
Mark F. Stickney
Spinglass Management Group
Robert P. Wexler
The Tron Group
James M. Wilton
Ropes & Gray LLP
Optional Events
Golf at Newport National Country Club
Friday, July 12, 1:00 p.m.
Sponsored by Mackinac Partners LLC; Murphy & King, PC and Partridge Snow & Hahn LLP
Take your game to a higher level at this 18-hole, par-72 course. Participants of all skill levels are encouraged to play. The $200-per-person fee includes boxed lunch, green fee and prizes. Please select the appropriate box on the online registration form to play, and indicate your handicap.
Tour de ABI
Friday, July 12, 1:30 p.m.
Join us for the annual Tour de ABI bike ride. A boxed lunch will be provided, and the ride will begin after lunch. The fee is $35 per person. Please select the appropriate box on the online registration form.
Tennis Tournament at the Tennis Hall of Fame
Friday, July 12, 1:30 p.m.
Sponsored by Huron Consulting Group Inc.
The International Tennis Hall of Fame is where American Tournament Tennis began 100 years ago. The first national championships were held at the Casino in 1881. This is the world’s largest tennis museum, and it houses displays, artifacts and memorabilia covering over a century of tennis history. Outside the main building, you'll find the Casino’s 13 beautifully tended grass courts. This is a unique opportunity, so don’t miss out; space is limited! Participants of all skill levels are encouraged to play. The $100-per-person fee includes transportation, court fee and prizes. Please check the appropriate box on the online registration form to play.
Historic Walking Tour
Saturday, July 13, 1:30-3:30 p.m.
Newport is rich with history and New England charm. Its historic district is best seen on foot to experience Newport’s architectural, cultural and social heritage first-hand. There are more than 300 buildings in this area alone that pre-date the American Revolution. Tickets are $70 per person. Please select the appropriate box on the online registration form.
Afternoon Ice Cream Social
Saturday, July 13, 3:00-4:00 p.m.
I scream, you scream, we all scream for ice cream! Enjoy the sweet side of summer at this family-friendly social. This event is free, but you must register. Please select the appropriate box on the online registration form.
Conference Information
Hotel Accommodations
ABI has arranged for a special conference rate of $399 single/double per night at the Newport Marriott; additional fees apply for additional room guests. To secure the special rate, hotel reservations must be made by June 14, 2019. Reservations may only be made once you have registered with ABI. Upon payment of the conference registration fees, you will receive a hotel reservation link to reserve your room. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
For those interested in attending the consumer forum if you would like to see about a cheaper room option, please contact Jennifer Guirguis at [email protected]
Transportation
Car: Newport is an easy drive from Providence, Boston and Hartford and is about 2.5-3 hours from Concord, Portland and New York.
Air: The resort is located 30 miles from the Providence’s T.F. Green Airport.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by June 20, 2019. No refunds will be made if notice is received after June 20, although substitutions will be allowed. After June 20, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Continuing Education
Northeast Bankruptcy Conference: 11 hours of CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 13.3 hours of CLE credit, including 1.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 13 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 11 hours, of which 1.25 hours will apply to ethics. 13 hours of CPE credit, including 1.5 hours of ethics, are also available.
Northeast Consumer Forum: 7.5 hours of CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 9 hours of CLE credit, including 1.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 9 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 7.5 hours, of which 1.25 hours will apply to ethics. 9 hours of CPE credit, including 1.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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 the full registration fee. 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 at least 50% reduction in the registration fee. For information on tuition assistance, send an e-mail to [email protected].
Benefactors
Argus Management Company
Bernstein Shur
BMC Group
Brown Rudnick Berlack Israels LLP
Capstone Headwaters LLC
Casner & Edwards, LLP
Choate Hall & Stewart LLP
CR3 Partners LLC
Devine Millimet & Branch PA
Duane Morris LLP
Foley Hoag LLP
Getzler Henrich & Associates LLC
Goulston & Storrs PC
Green & Sklarz, LLC
Huron Consulting Group Inc.
Locke Lord LLP
Mackinac Partners LLC
McLane Middleton PA
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Morgan, Lewis & Bockius LLP
Murtha Cullina LLP
Neubert, Pepe & Monteith, P.C.
Nixon Peabody LLP
Pachulski Stang Ziehl & Jones LLP
Polsinelli PC
Posternak Blankstein & Lund LLP
PretiFlaherty
Pullman & Comley LLC
Robinson + Cole
Ropes & Gray LLP
Ruberto, Israel & Weiner, P.C.
Second Avenue Capital Partners
Sheehan Phinney Bass + Green
Sherwood Partners, Inc.
Sullivan & Worcester
Verdolino & Lowey, P.C.
WilmerHale
Zeisler & Zeisler, P.C.Patrons
Goodwin & Shipman
Holland & Knight LLP
Mirick O’Connell
Murphy & King
Partridge Snow & Hahn LLP
Phoenix Management Services
Riemer & Braunstein LLPSponsors
Bartlett Hackett Feinberg PC
Bowditch & Dewey LLP
Creswell Law
Deloitte CRG
Drummond Woodsum
East West Bank
Eaton Peabody
Gavin/Solmonese LLC
Gordon Brothers Group LLC
Law Office of Gary W. Cruickshank
Law Office of Jay S. Geller
Mar-Bow Value Partners
Marcus Clegg & Mistretta, PA
Murray Plumb & Murray
Pierce Atwood LLP
Sternklar Law
The Tron Group
Tranzon Auction Properties
Verrill Dana LLP
William S. Gannon PLLC
Wilmington TrustRegistration Rates
Registration Rates Early Bird
(by 5/3/19)Regular
(5/4/19-6/7/19)Late
(after 6/7/19)
Northeast Bankruptcy ConferenceABI Member$650$700$795ABI Govt./Nonprofit Member$425$450$475Join & Save*$975$1,025$1,120Join and Save Govt./Nonprofit*$520$545$570
Northeast Consumer ForumABI Member$295$345$395Join & Save*$620$670$720* Includes a one-year ABI membership for first-time members — a $350 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.
ABI Member Exhibitor Registration**$1,600New ABI Member Exhibitor Registration***$1,950Additional Booth Representative$375** 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.
Evening Events
Opening ReceptionRegistrantAdult GuestChild Guest (12 and under)
Included$50$15Friday DinnerRegistrantAdult GuestChild Guest (12 and under)
$25$85$15Optional Events
Golf TournamentHandicap _______$200Tour de ABI$35Tennis Tournament$100Historic Walking Tour$70Ice Cream SocialFreeEvent Information 274862
Thursday, July 18
2:00-6:00 p.m.
Registration Desk Open
5:00-6:00 p.m.
Young and New Members Reception
6:00-8:00 p.m.
Opening Reception
Sponsored by Adams and Reese LLP and Nelson Mullins Broad and Cassel
Children's Entertainment sponsored by K&L Gates LLP
Friday, July 19
6:45 a.m.
Registration Desk Open
7:00-8:00 a.m.
Breakfast
Sponsored by Reynolds, Reynolds & Little, LLC
7:20-7:30 a.m.
Welcoming Remarks
7:30-9:00 a.m.
Plenary Session
Protect Your Privates: Cybersecurity, Data Breaches and Other Privacy-Related Ethical Considerations During Bankruptcy
Jennifer Meyerowitz, Moderator
Summit Investment Management LLC; Atlanta
Ashley A. Edwards
Parker Poe Adams & Bernstein LLP; Charlotte, N.C.
Scott Ferber
King & Spalding LLP; Washington, D.C.
Lara R. Sheikh
Thomson Reuters Practical Law; New York
Travis K. Vandell
Irvine, Ca.
9:00 a.m.-5:00 p.m.
Beach Day
Enjoy a reserved beach area for Southeast Bankruptcy Workshop attendees, with chairs, towels and umbrellas courtesy of BakerHostetler
Afternoon Beach Refreshments sponsored by Greenberg Traurig, LLP
9:00-9:15 a.m.
All-Day Coffee + Refreshment Break
Sponsored by Bingham Greenebaum Doll LLP
9:15-10:45 a.m.
Concurrent Sessions (5)
Agricultural Bankruptcies
Craig M. Geno, Moderator
Law Offices of Craig M. Geno, PLLC; Ridgeland, Miss.
Hon. Joseph N. Callaway
U.S. Bankruptcy Court (E.D.N.C.); Greenville
Gregory B. Crampton
Nicholls & Crampton, P.A.; Raleigh, N.C.
John A. Thomson
Adams and Reese LLP; Atlanta
Pre-Petition Pitfalls: How to Plan, Questions to Ask & Things to Avoid
J. Ellsworth Summers, Moderator
Burr & Forman LLP; Jacksonville, Fla.
Hon. Stephani W. Humrickhouse
U.S. Bankruptcy Court (E.D.N.C.); Raleigh
R. Stephen McNeill
Potter Anderson & Corroon LLP; Wilmington, Del.
Robert S. Westerman
Hirschler Fleischer, PC; Richmond, Va.
Retention Issues
This panel will discuss the retention issues under Section 327 v. 362, Jay Alix Protocol, and other retention topics.
Jeffrey R. Waxman, Moderator
Morris James LLP; Wilmington, Del.
Nan Roberts Eitel
Executive Office for U.S. Trustees; Washington, D.C.
Jay C. Jacquin
Configure Partners, LLC; Atlanta
Roy S. Kobert
GrayRobinson, P.A.; Orlando, Fla.
Hon. Sage M. Sigler
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Consumer Track
All Things Motor Vehicles in Bankruptcy
Pamela P. Keenan, Moderator
Kirschbaum, Nanney, Keenan & Griffin, P.A.; Raleigh, N.C.
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Theodore von Keller
Crawford & von Keller, LLC; Columbia, SC
Skills Track
Mediation Strategies in Chapter 11
David M. Schilli, Moderator
Robinson, Bradshaw & Hinson, P.A.; Charlotte, N.C.
Hon. Mary Grace Diehl (ret.)
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
C. Edward Dobbs
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Dr. Sheila Cohen Furr
Sheila Furr Ph.D. PA
10:45-11:00 a.m.
All-Day Coffee + Refreshment Break
Sponsored by Bingham Greenebaum Doll LLP
11:00 a.m.-12:30 p.m.
Concurrent Sessions (4)
Chapter 11 Financing: Roll-Ups, Roll-Overs and Creeping Roll-Overs
Ashley S. Rusher, Moderator
Blanco Tackabery & Matamoros, P.A.; Winston Salem, N.C.
Peter J. Barrett
Kutak Rock LLP; Richmond, Va.
Hon. Kevin R. Huennekens
U.S. Bankruptcy Court (E.D. Va.); Richmond
Luis M. Lluberas
Moore & Van Allen PLLC; Charlotte, N.C.
Bankruptcy & Class Action Convergence
This panel will discuss recent developments in bankruptcy court class actions, including class proofs of claim, class settlements embedded in chapter 11 plans, arbitration and class action waivers, and jurisdictional issues affecting a bankruptcy court’s authority to preside over putative nationwide class actions by debtors for discharge violations and other similar claims.
Karen Elizabeth Sieg, Moderator
McGuireWoods LLP; Richmond, Va.
Brad C. Knapp
Locke Lord LLP; New Orleans, La.
Hon. Keith L. Phillips
U.S. Bankruptcy Court (E.D. Va.); Richmond
René S. Roupinian
Outten & Golden LLP; New York
Consumer Track
Taking Your Individual Chapter 11 Through Plan Confirmation
Daniel J. Reynolds, Moderator
McCarthy, Reynolds & Penn, LLC; Columbia, S.C.
Leon Strickland Jones
Jones & Walden, LLC; Atlanta
Rick Mendoza
Nexsen Pruet; Columbia, S.C.
Grace E. Robson
Markowitz Ringel Trusty & Hartog, P.A.; Fort Lauderdale, Fla.
Hon. John E. Waites
U.S. Bankruptcy Court (D. S.C.); Columbia
Skills Track
Evidentiary Focus on Deposition, Cross-Examination & Testimony Prep
Matthew R. Brooks, Moderator
Troutman Sanders LLP; Atlanta
Hon. Paul M. Black
U.S. Bankruptcy Court (W.D. Va.); Roanoke
Katherine R. Catanese
Foley & Lardner LLP; New York
Matthew T. Faga
Markus Williams Young & Hunsicker LLC; Denver
12:45 - 2:30 p.m.
Optional Event: IWIRC Luncheon at SALT
Hosted by the George, Carolinas, Gulf Coast and Florida IWIRC Networks.
To Register please click here.
1:00 p.m.
Optional Event: Golf Tournament
Beverage Cart sponsored by Parker, Hudson, Rainer & Dobbs LLP
Hole sponsored by McGlinchey Stafford, PLLC
4:00-5:30 p.m.
Optional Event: Bourbon & Craft Beer Tasting
Cheers! Start happy hour early with a bourbon & craft beer tasting. Experience a range of bourbon and sip beer from Intuition Ale Works out of Jacksonville, Fla. The cost for this event is $75 per person, which includes bourbon tastings, craft beer, light snacks and gratuities. Please check the appropriate box on the online registration form. If the minimum number of participants for this event is not met, attendees will be notified two weeks prior to the event.
8:30-10:00 p.m.
Friday Night Party by the Pool
Sponsored by Rumberger, Kirk & Caldwell, P.C., Stichter, Riedel, Blain & Postler, PA and Whiteford Taylor & Preston LLP
Saturday, July 20
7:00-8:00 a.m.
Breakfast
7:20-7:30 a.m.
Welcoming Remarks
7:30-9:00 a.m.
Plenary Session
Consumer Law Developments
This panel will present a lively discussion of key issues decided in consumer bankruptcy cases throughout the country over the past year.
Nisha R. Patel, Moderator
Samuel I. White, P.C.; Richmond, Va.
Hon. Benjamin A. Kahn
U.S. Bankruptcy Court (M.D.N.C.); Greensboro
Hon. Rebecca B. Connelly
U.S. Bankruptcy Court (W.D. Va.); Harrisonburg
Prof. Bruce A. Markell
Northwestern University School of Law; Chicago
9:00 a.m.-5:00 p.m.
Beach Day
Enjoy a reserved beach area for Southeast Bankruptcy Workshop attendees, with chairs, towels and umbrellas courtesy of King & Spalding LLP.
Afternoon Beach Refreshments sponsored by Morris James LLP
9:00-9:15 a.m.
All-Day Coffee + Refreshment Break
Sponsored by East West Bank
9:15-10:45 a.m.
Repeat Concurrent Sessions (2)
Chapter 11 Financing: Roll-Ups, Roll-Overs and Creeping Roll-Overs
Bankruptcy & Class Action Convergence
Concurrent Sessions (2)
Consumer Track
Consumer Commission: Final Report & Discussion
Nancy J. Whaley, Moderator
Office of Nancy J. Whaley, Standing 13 Trustee; Atlanta
Alane A. Becket
Becket & Lee LLP; Malvern, Pa.
Prof. Bruce A. Markell
Northwestern University School of Law; Chicago
Skills Track
Experts: Who, What, When & Where
Gary M. Freedman, Moderator
Nelson Mullins Broad and Cassel; Miami
Jennifer Gavrich
BDO USA, LLP; Orlando, Fla.
Joseph J. Luzinski
Development Specialists, Inc.; Fort Lauderdale, Fla.
Hon. Catherine Peek McEwen
U.S. Bankruptcy Court (M.D. Fla.); Tampa
10:45-11:00 a.m.
All-Day Coffee + Refreshment Break
Sponsored by East West Bank
11:00 a.m.-12:30 p.m.
Repeat Concurrent Sessions (3)
Agricultural Bankruptcies
Pre-Petition Pitfalls: How to Plan, Questions to Ask & Things to Avoid
Retention Issues
Concurrent Session
Consumer Track
Debtor Toolbox: How to Effectively Address Mortgage-Servicing Issues
Jane Harris Downey, Moderator
Moore Taylor Law Firm; West Columbia, S.C.
Matthew T. Berry
Berry & Associates, Inc.; Atlanta
Hon. Rebecca B. Connelly
U.S. Bankruptcy Court (W.D. Va.); Harrisonburg
Katy G. Furr
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; Atlanta
1:30 p.m.
Optional Event: Tennis Tournament
Sponsored by Kozyak Tropin & Throckmorton, PA
2:00-3:30 p.m.
Optional Event: Ice Cream Afternoon Social
5:30-6:30 p.m.
Speaker/Sponsor Cocktails (by invitation only)
Sponsored by KapilaMukamal, LLP, McGlinchey Stafford, PLLC, Summit Investment Management LLC and Troutman Sanders LLP
6:30-8:30 p.m.
Beach Bash!
Join us on the beach for food, fun and special appearances!
Dinner sponsored by Burr & Forman LLP, GGG Partners, LLC, Moore & Van Allen PLLC and Stretto
Bar sponsored by Christian & Small LLP, Genovese Joblove & Battista, PA, Kilpatrick Townsend & Stockton LLP and Stites & Harbison PLLC
Entertainment sponsored by GlassRatner Advisory & Capital Group LLC
Party sponsored by Fox Rothschild LLP and Law Offices of Craig M. Geno, PLLC
Sunday, July 21
7:00-8:00 a.m.
Family Breakfast
Sponsored by Alston & Bird LLP
7:30-9:00 a.m.
Business Case Law Update
This panel will present a lively discussion of key issues decided in business bankruptcy cases throughout the country over the past year.
J. Leland Murphree, Moderator
Maynard Cooper & Gale; Birmingham, Ala.
Hon. Paul M. Black
U.S. Bankruptcy Court (W.D. Va.); Roanoke
Hon. Benjamin A. Kahn
U.S. Bankruptcy Court (M.D.N.C.); Greensboro
Prof. Bruce A. Markell
Northwestern University School of Law; Chicago
9:00-9:15 a.m.
Refreshment Break
Sponsored by Blanco Tackabery & Matamoros, P.A.
9:15-10:45 a.m.
Judicial Merry-Go-Round
Don’t miss these roundtables on today’s provocative issues, led by the judges of the Southeast Bankruptcy Workshop.
Hon. Benjamin A. Kahn, Moderator
U.S. Bankruptcy Court (M.D.N.C.); Greensboro
Hon. Paul M. Black
U.S. Bankruptcy Court (W.D. Va.); Roanoke
Hon. Joseph N. Callaway
U.S. Bankruptcy Court (E.D.N.C.); Greenville
Hon. Rebecca B. Connelly
U.S. Bankruptcy Court (W.D. Va.); Harrisonburg
Hon. Mary Grace Diehl (ret.)
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Hon. Keith L. Phillips
U.S. Bankruptcy Court (E.D. Va.); Richmond
Hon. Kevin R. Huennekens
U.S. Bankruptcy Court (E.D. Va.); Richmond
Hon. Stephani W. Humrickhouse
U.S. Bankruptcy Court (E.D.N.C.); Raleigh
Hon. Catherine Peek McEwen
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Hon. Sage M. Sigler
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Hon. John E. Waites
U.S. Bankruptcy Court (D. S.C.); Columbia
10:45 a.m.
Adjourn
Workshop Chairs
Hon. Benjamin A. Kahn, Judicial Chair
U.S. Bankruptcy Court (M.D.N.C.); Greensboro
David K. Bowsher, Co-Chair
Adams and Reese LLP; Birmingham, Ala.
Jennifer M. McLemore, Co-Chair
Williams Mullen; Richmond, Va.
Advisory Board
Jody A. Bedenbaugh
Nelson Mullins Riley & Scarborough LLP; Columbia, S.C.
Edward C. Boltz
The Law Offices of John T. Orcutt, PC; Durham, N.C.
Christine E. Brimm
Barton Brimm, PA; Columbia, S.C.
Matthew R. Brooks
Troutman Sanders LLP; Atlanta
J.P. Cournoyer
Northern Blue LLP; Chapel Hill, N.C.
Robert A. Cox, Jr.
Bradley Arant Boult Cummings LLP; Charlotte, N.C.
Melissa J. Davey
Standing Chapter 13 Trustee (N.D. Ga.); Atlanta
Melissa Davis
KapilaMukamal; Fort Lauderdale, Fla.
Kelly Desgrosseilliers
Epiq; Wilmington, Del.
Jane H. Downey
Moore Taylor Law Firm; West Columbia, S.C.
Reid E. Dyer
Moore & Van Allen PLLC; Charleston, S.C.
Ashley A. Edwards
Parker Poe Adams & Bernstein LLP; Charlotte, N.C.
Jonathan T. Edwards
Alston & Bird LLP; Atlanta
Sarah Edwards
McGlinchey Stafford PLLC; New Orleans
Curt S. Friedberg
GGG Partners, LLC; Atlanta
Robert C. Furr
Furr & Cohen, P.A.; Boca Raton, Fla.
Craig M. Geno
Law Offices of Craig M. Geno, PLLC; Ridgeland, Miss.
Elizabeth A. Green
BakerHostetler; Orlando, Fla.
James S. Hadfield
Configure Partners, LLC; Atlanta
Kevin D. Heard
Heard, Ary & Dauro, LLC; Huntsville, Ala.
John B. Hutton III
Greenberg Traurig, LLP; Miami
James R. Irving
Bingham Greenebaum Doll LLP; Louisville, Ky.
Kristina M. Johnson
Jones Walker LLP; Jackson, Miss.
Joe A. Joseph
Burr & Forman LLP; Nashville, Tenn.
W. Austin Jowers
King & Spalding LLP; Atlanta
Jennifer B. Kimble
Lowenstein Sandler LLP; New York
Stephanie C. Lieb
Trenam Law; Tampa, Fla.
Justin B. Little
Reynolds, Reynolds & Little, LLC; Tuscaloosa, Ala.
John H. Maddock III
McGuireWoods LLP; Richmond, Va.
John Makuch
Alvarez & Marsal; Atlanta
Robert M. Mercer
Schulten Ward Turner & Weiss, LLP; Atlanta
Jennifer M. Meyerowitz
Summit Investment Management; Atlanta
Lance T. Miller
The Claro Group; Washington, D.C.
Christine L. Myatt
Nexsen Pruet LLC; Greensboro, N.C.
Raoul Nowitz
SOLIC Capital Advisors; Atlanta, Ga.
Edward J. Peterson, III
Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.
James (Jay) S. Rankin, Jr.
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Rebecca Finch Redwine
Hendren, Redwine & Malone, PLLC; Raleigh, N.C.
David L. Rosendorf
Kozyak Tropin Throckmorton, LLP; Miami
Ashley S. Rusher
Blanco Tackabery & Matamoros, P.A.; Winston-Salem, N.C.
David Schilli
Robinson, Bradshaw & Hinson, P.A.; Charlotte, N.C.
J. Ellsworth Summers, Jr.
Burr & Forman LLP; Jacksonville, Fla.
Nicolette C. Vilmos
Nelson Mullins Broad and Cassel; Orlando, Fla.
Jason H. Watson
Womble Bond Dickinson; Atlanta
Jeffrey R. Waxman
Morris James LLP; Wilmington, Del.
Michael H. Weaver
Burr & Forman LLP; Columbia, S.C.
Margaret R. Westbrook
K&L Gates LLP; Raleigh, N.C.
Nancy J. Whaley
Standing Chapter 13 Trustee (N.D. Ga.); Atlanta
Rory D. Whelehan
Whelehan Law Firm, LLC; Greenville, S.C.
Jeremy S. Williams
Kutak Rock LLP; Richmond, Va.
Melissa A. Youngman
Law Office of Melissa Youngman, PA; Orlando, Fla.
Optional Events
Beach Days
Friday, July 19, 9:00 a.m.-5:00 p.m.
Sponsored by King & Spalding LLP
Afternoon Refreshments Sponsored by Greenberg Traurig, LLP
Saturday, July 20, 9:00 a.m.-5:00 p.m.
Sponsored by BakerHostetler
Afternoon Refreshments Sponsored by Morris James LLP
FREE! Enjoy a reserved beach area just for Southeast Bankruptcy Workshop attendees, complete with chairs, towels, umbrellas and beach games.
IWIRC Luncheon at Salt
Friday, July 19, 12:45 - 2:30 p.m.
Sponsored by the Georgia, Carolinas, Gulf Coast and Florida IWIRC Networks
Please join IWIRC for a luncheon during the 2018 ABI Southeast Bankruptcy Workshop at SALT in the Ritz-Carlton, Amelia Island. The luncheon will occur immediately after the Friday panels. The cost is $20 for IWIRC members, $30 for non-IWIRC members and complimentary for Judges. Register here.
Golf Tournament
Friday, July 19, 1:00 p.m.
Beverage Cart sponsored by Parker, Hudson, Rainer & Dobbs LLP
The annual golf tournament will be held at The Golf Club of Amelia Island, adjacent to the hotel. Designed by PGA tour veterans Mark McCumber and Gene Littler, the course presents players with the ultimate in pure golfing pleasure. The $195 fee includes green fee and cart, boxed lunch and beverage, and prizes. Please check the appropriate box on the online registration form to play, and indicate your handicap.
Optional Event: Bourbon and Craft Beer Tasting
Friday, July 19, 4:00-5:30 p.m.
Cheers! Start happy hour early with a bourbon & craft beer tasting. Experience a range of bourbon and sip beer from Intuition Ale Works out of Jacksonville, Fla. The cost for this event is $75 per person, which includes bourbon tastings, craft beer, light snacks and gratuities. Please check the appropriate box on the online registration form. If the minimum number of participants for this event is not met, attendees will be notified two weeks prior to the event.
Friday Night Party by the Pool
Friday, July 19, 8:30-10:00 p.m.
Sponsored by Rumberger, Kirk & Caldwell, P.C. and Stichter, Riedel, Blain & Postler, PA
The event is FREE for attendees, $25 for guests and $15 for children 12 and under. Pre-registration is required; please check the appropriate box[es] on the online registration form.
Tennis Tournament
Saturday, July 20, 1:30 p.m.
Sponsored by Kozyak Tropin & Throckmorton, PA
The clay courts of The Ritz-Carlton, Amelia Island will be the site of our round-robin tournament. The $65-per-person fee includes tournament fees, boxed lunch and beverage, and prizes. Please check the appropriate box on the online registration form.
Ice Cream Afternoon Social
Saturday, July 20, 2:00-3:30 p.m.
I scream, you scream, we all scream for ice cream! Make your own sundae and enjoy the sweet side of summer at this family-friendly social. This event is FREE for attendees and $10 for guests of all ages. Please check the appropriate box on the online registration form.
Beach Bash!
Saturday, July 20, 6:00-8:30 p.m.
Dinner sponsored by Burr & Forman LLP, Stretto and GGG Partners, LLC
Bar sponsored by Christian & Small LLP and Kilpatrick Townsend & Stockton LLP
Entertainment sponsored by GlassRatner Advisory & Capital Group LLC
Party sponsored by Fox Rothschild LLP and Law Offices of Craig M. Geno, PLLC
Join us on the beach for food, fun and live music! The cost of this event is $60 for attendees, $75 for guests and $35 for children 12 and under. Pre-registration is required.
Ritz Kids®
The Ritz-Carlton, Amelia Island offers the Ritz Kids® program, an exclusive supervised children’s program designed specifically for children ages 5-12. The Ritz Kids® program allows parents to play while children stay with trained and certified counselors. Each counselor is certified in infant, child and adult CPR, basic first aid and water safety. The staff takes extra care to ensure that each child enjoys a positive, rewarding experience in the Ritz Kids® program. The Full-Day Program takes place Thursday through Saturday from 9:00 a.m.-4:00 p.m. and includes juice, snacks and lunch. The program fee is $75 for the first child and $70 for each additional child. The Half-Day Program includes juice and snacks and is available Thursday through Sunday mornings from 9 a.m.-12 noon and Thursday through Saturday afternoons from 1:00-4:00 p.m. The half-day program fee is $55 for the first child and $50 for each additional child. An optional lunch may be included for an additional $15. 24-hour advance reservations are requested. Cancellations must be received within four hours of the program start time, or full charges will be applied to the guest account. To make reservations, please call Ritz Kids at (904) 321-5013.
Conference Information
Hotel
The hotel block is sold out. We currently have a waitlist, please contact Allyson Donohue at [email protected] for more information.In the Ritz-Carlton tradition of elegance and unparalleled service, the top-rated Ritz-Carlton, Amelia Island is one of the finest getaways in the world. Nestled at the edge of a 13-mile beach along the Atlantic Ocean, this resort offers beachfront horseback riding, wave runners, ocean kayaks, indoor and outdoor pools, whirlpools and spa service, as well as golf and tennis. ABI has arranged a special conference rate of $339 single/double per night for Coastal View rooms. A limited number of Oceanfront Suites and Club Coastal rooms are also available to conference attendees at a rate of $459 per night (Oceanfront Suite) and $589 per night (Club Coastal). Make your reservations by June 17, 2019, to reserve these special rates. You will receive a special room reservation link after you have registered with ABI. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the June 17 cut-off or after the specially rated ABI block has been filled. The hotel will sell out, so please make your reservations accordingly.
Spa Discount: The Ritz-Carlton is graciously offering Workshop attendees a 10% discount off spa treatments of 60 minutes or longer, as well as 10% off retail products in the spa boutique. Since the spa sells out on a daily basis, please contact the spa in advance at (904) 277-1087 to receive the 10% group discount by letting a spa concierge know you that are with the American Bankruptcy Institute 2019 Southeast Bankruptcy Workshop.
Continuing Education Credit*
12 hours of CLE credit, including 1.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 14.4 hours of CLE credit, including 1.8 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 14 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 12 hours, of which 1.5 hours will apply to ethics. 14 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. For more information regarding administrative policies such as complaints and refunds, 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. Illinois Attorneys: If registration fees are more than $500, attorneys who qualify will receive at least 50% reduction in the registration fee. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 June 27, 2019. No refunds will be granted after June 27, but substitutions will be allowed. After June 27, 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.
Premium Sponsors
Adams and Reese LLP
Alston & Bird LLP
Alvarez & Marsal
BakerHostetler
Bingham Greenebaum Doll LLP
Bradley Arant Boult Cummings LLP
Burr & Forman LLP
Christian & Small LLP
CR3 Partners LLC
East West Bank
Epiq
Equity Partners HG LLC
Furr and Cohen, P.A.
Gavin/Solmonese LLC
Genovese Joblove & Battista, PA
GGG Partners, LLC
GlassRatner Advisory & Capital Group LLC
Greenberg Traurig, LLP
KCC
Kilpatrick Townsend & Stockton LLP
King & Spalding LLP
Kozyak Tropin & Throckmorton, PA
McGlinchey Stafford, PLLC
McGuireWoods LLP
Morris James LLP
Moore & Van Allen PLLC
Nelson Mullins Broad and Cassel
Nexsen Pruet
Parker, Hudson, Rainer & Dobbs LLP
Polsinelli
Reynolds, Reynolds & Little, LLC
Stites & Harbison, PLLC
Stretto
Wilmington Trust
Womble Bond Dickinson (US) LLPPatron Sponsors
AgencyIP
Berger Singerman, LLP
Fox Rothschild LLP
FTI Consulting, Inc.
Jones Walker LLP
Law Offices of Craig M. Geno, PLLC
KapilaMukamal, LLP
Rumberger, Kirk & Caldwell, P.C.
Sherwood Partners, Inc.
Stichter, Riedel, Blain & Postler, PA
Summit Investment Management LLC
Troutman Sanders LLP
Whiteford Taylor Preston LLPSupporting Sponsors
Baker Tilly Virchow Krause, LLP
Blanco Tackabery & Matamoros, P.A.
GrayRobinson, P.A.
Hendren, Redwine & Malone, PLLC
Hirschler Fleischer, PC
K&L Gates LLP
Markowitz, Ringel, Trusty + Hartog, P.A.
Moore Taylor Law Firm, P.A.
Parker Poe Adams & Bernstein LLP
SOLIC Capital Advisors
Thompson Hine
Trenam Law
Whelehan Law Firm, LLCRates
Registration Rates Early Bird
(by 4/26/19)Regular
(4/27/19-6/21/19)Late
(after 6/21/19)ABI Member$645$695$745ABI Govt./Nonprofit/Aca. Member$420$470$520Join & Save*$970$1,020$1,070New Govt./Nonprofit/Aca. ABI Member**$515$565$615* There will be a $50 fee added to all on-site registrations.
** Includes a one-year ABI membership for first-time members — a $350 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.
ABI Member Exhibitor Registration***$1,600New ABI Member Exhibitor Registration****$1,950Additional Booth Representative$500*** 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.
Optional Events
Opening ReceptionGuestChild (12 and under)
Included$50$25Golf Tournament$195Bourbon and Craft Beer Tasting$75Friday Night Party by the PoolGuestChild (12 and under)
Included$25$15Tennis Tournament$65Ice Cream Afternoon SocialGuest (all ages)Included$10Beach Bash
GuestChild (12 and under)$60
$75
$35
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.
Event Information
Friday, August 2
7:30-8:30 a.m.
Hot Breakfast
8:30-8:45 a.m.
Opening Remarks
8:45-10:00 a.m.
Views from the Bench
Sponsored by Arent Fox LLP
Leading judges from three circuits will discuss cutting-edge bankruptcy and restructuring issues, developing or changing bankruptcy jurisprudence, and practice tips and advice on recent trends.
Andrew I. Silfen, Moderator
Arent Fox LLP; New York
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Julie A. Manning, Chief Judge
U.S. Bankruptcy Court (D. Conn.); Bridgeport
Hon. Stacey L. Meisel
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. Christopher J. Panos, Chief Judge
U.S. Bankruptcy Court (D. Mass.); Boston
Joshua W. Cohen, Facilitator
Day Pitney LLP; New Haven, Conn.
10:00-10:10 a.m.
Break
Sponsored by RJ Reuter Business Consulting
10:10-11:00 a.m.
Blockchain in 2019: Bankruptcy and Beyond
Nick Kammerman, Moderator
Chateaux; Westport, Conn.
Richard Gordon
IBM, Blockchain Solution Sales Leader; New York
Omid Malekan
New York
Jason A. Nagi
Polsinelli; New York
Stephen Rutenberg
Polsinelli; New York
11:00-11:10 a.m.
Break
11:10 a.m.-12:00 p.m.
Session Name
NAME, Moderator
Firm; Place, Pl.
Name 2
Firm; Place, Pl.
Saturday, August 3
7:30-8:30 a.m.
Hot Breakfast
8:30-8:45 a.m.
Opening Remarks
8:45-10:00 a.m.
Views from the Bench
Sponsored by Arent Fox LLP
Leading judges from three circuits will discuss cutting-edge bankruptcy and restructuring issues, developing or changing bankruptcy jurisprudence, and practice tips and advice on recent trends.
Andrew I. Silfen, Moderator
Arent Fox LLP; New York
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Julie A. Manning, Chief Judge
U.S. Bankruptcy Court (D. Conn.); Bridgeport
Hon. Stacey L. Meisel
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. Christopher J. Panos, Chief Judge
U.S. Bankruptcy Court (D. Mass.); Boston
Joshua W. Cohen, Facilitator
Day Pitney LLP; New Haven, Conn.
10:00-10:10 a.m.
Break
Sponsored by RJ Reuter Business Consulting
10:10-11:00 a.m.
Blockchain in 2019: Bankruptcy and Beyond
Nick Kammerman, Moderator
Chateaux; Westport, Conn.
Richard Gordon
IBM, Blockchain Solution Sales Leader; New York
Omid Malekan
New York
Jason A. Nagi
Polsinelli; New York
Stephen Rutenberg
Polsinelli; New York
11:00-11:10 a.m.
Break
11:10 a.m.-12:00 p.m.
Session Name
NAME, Moderator
Firm; Place, Pl.
Name 2
Firm; Place, Pl.
Sunday, August 4
7:30-8:30 a.m.
Hot Breakfast
8:30-8:45 a.m.
Opening Remarks
8:45-10:00 a.m.
Views from the Bench
Sponsored by Arent Fox LLP
Leading judges from three circuits will discuss cutting-edge bankruptcy and restructuring issues, developing or changing bankruptcy jurisprudence, and practice tips and advice on recent trends.
Andrew I. Silfen, Moderator
Arent Fox LLP; New York
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Julie A. Manning, Chief Judge
U.S. Bankruptcy Court (D. Conn.); Bridgeport
Hon. Stacey L. Meisel
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. Christopher J. Panos, Chief Judge
U.S. Bankruptcy Court (D. Mass.); Boston
Joshua W. Cohen, Facilitator
Day Pitney LLP; New Haven, Conn.
10:00-10:10 a.m.
Break
Sponsored by RJ Reuter Business Consulting
10:10-11:00 a.m.
Blockchain in 2019: Bankruptcy and Beyond
Nick Kammerman, Moderator
Chateaux; Westport, Conn.
Richard Gordon
IBM, Blockchain Solution Sales Leader; New York
Omid Malekan
New York
Jason A. Nagi
Polsinelli; New York
Stephen Rutenberg
Polsinelli; New York
11:00-11:10 a.m.
Break
11:10 a.m.-12:00 p.m.
Session Name
NAME, Moderator
Firm; Place, Pl.
Name 2
Firm; Place, Pl.
Advisory Board
Joshua W. Cohen
Day Pitney LLP; New Haven, Conn.
Melanie Cyganowski
Otterbourg P.C.; New York
Jacen Dinoff
KCP Advisory Group LLC; Burlington, Mass.
Leah Eisenberg
Foley & Lardner LLP; New York
Samuel J. Gerdano
American Bankruptcy Institute; Alexandria, Va.
Harvey Gross
New York Institute of Credit; New York
Nick Kammerman
Chateaux; Westport, Conn.
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP; Boston
Ryan J. Mulcunry
Great American Group; Needham, Mass.
Stan Pearson
Pearson Consulting Group: Greenwich, Conn.
Andrew I. Silfen
Arent Fox LLP; New York
David M. Weinstein
NextEdge Capital, Westport, Conn.
Thursday, May 2
11:00 a.m.
Golf
The Rees Jones-designed North Course at Lake of Isles, the #1 golf course in Connecticut, challenges players with its more than 7,300 yards of manicured fairways and greens. Five sets of tees at each hole give golfers of all skill levels a chance to score. Players can arrive as early as 10:00 a.m.; shotgun start is at 11:00 a.m. Includes a boxed lunch. This optional event has an additional fee of $225.
1:30 - 3:30 p.m.
Golf Clinic
This two-hour golf clinic with Golf Academy PGA professionals will include one hour of full swing and one hour of short game. This optional event has an additional fee of $165. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Hotel
The Mohegan Sun is one of the world’s most amazing destinations, containing some of New England’s finest dining, hotel accommodations, shopping and golf. The resort is within 45 minutes of Providence, Hartford and New Haven, and just over 90 minutes from Boston. New York is little more than 2 hours away. ABI has arranged a special conference rate of $159 single/double from May 1-2, 2019. Make your reservations by April 17, 2019, to reserve this special rate. You can make your reservation online at: ABI/NYIC cannot guarantee anyone a room after the April 17 cutoff or after the specially rated ABI/NYIC block has been filled.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 11, 2019. No refunds will be granted after April 11, but substitutions will be allowed. After April 11, 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 Credit
Approval for approximately 4.75 hours of CLE credit is pending in states calculating CLE on a 60-minute hour, and 5.7 hours of CLE credit 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 4.75 hours. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 5.5 credit hours. 5.5 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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. For information on tuition assistance, send an e-mail to adonohue@abiworld.org.
Event Information
Friday, August 2
7:30-8:30 a.m.
Hot Breakfast
8:30-8:45 a.m.
Opening Remarks
8:45-10:00 a.m.
Views from the Bench
Sponsored by Arent Fox LLP
Leading judges from three circuits will discuss cutting-edge bankruptcy and restructuring issues, developing or changing bankruptcy jurisprudence, and practice tips and advice on recent trends.
Andrew I. Silfen, Moderator
Arent Fox LLP; New York
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Julie A. Manning, Chief Judge
U.S. Bankruptcy Court (D. Conn.); Bridgeport
Hon. Stacey L. Meisel
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. Christopher J. Panos, Chief Judge
U.S. Bankruptcy Court (D. Mass.); Boston
Joshua W. Cohen, Facilitator
Day Pitney LLP; New Haven, Conn.
10:00-10:10 a.m.
Break
Sponsored by RJ Reuter Business Consulting
10:10-11:00 a.m.
Blockchain in 2019: Bankruptcy and Beyond
Nick Kammerman, Moderator
Chateaux; Westport, Conn.
Richard Gordon
IBM, Blockchain Solution Sales Leader; New York
Omid Malekan
New York
Jason A. Nagi
Polsinelli; New York
Stephen Rutenberg
Polsinelli; New York
11:00-11:10 a.m.
Break
11:10 a.m.-12:00 p.m.
Session Name
NAME, Moderator
Firm; Place, Pl.
Name 2
Firm; Place, Pl.
Saturday, August 3
7:30-8:30 a.m.
Hot Breakfast
8:30-8:45 a.m.
Opening Remarks
8:45-10:00 a.m.
Views from the Bench
Sponsored by Arent Fox LLP
Leading judges from three circuits will discuss cutting-edge bankruptcy and restructuring issues, developing or changing bankruptcy jurisprudence, and practice tips and advice on recent trends.
Andrew I. Silfen, Moderator
Arent Fox LLP; New York
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Julie A. Manning, Chief Judge
U.S. Bankruptcy Court (D. Conn.); Bridgeport
Hon. Stacey L. Meisel
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. Christopher J. Panos, Chief Judge
U.S. Bankruptcy Court (D. Mass.); Boston
Joshua W. Cohen, Facilitator
Day Pitney LLP; New Haven, Conn.
10:00-10:10 a.m.
Break
Sponsored by RJ Reuter Business Consulting
10:10-11:00 a.m.
Blockchain in 2019: Bankruptcy and Beyond
Nick Kammerman, Moderator
Chateaux; Westport, Conn.
Richard Gordon
IBM, Blockchain Solution Sales Leader; New York
Omid Malekan
New York
Jason A. Nagi
Polsinelli; New York
Stephen Rutenberg
Polsinelli; New York
11:00-11:10 a.m.
Break
11:10 a.m.-12:00 p.m.
Session Name
NAME, Moderator
Firm; Place, Pl.
Name 2
Firm; Place, Pl.
Sunday, August 4
7:30-8:30 a.m.
Hot Breakfast
8:30-8:45 a.m.
Opening Remarks
8:45-10:00 a.m.
Views from the Bench
Sponsored by Arent Fox LLP
Leading judges from three circuits will discuss cutting-edge bankruptcy and restructuring issues, developing or changing bankruptcy jurisprudence, and practice tips and advice on recent trends.
Andrew I. Silfen, Moderator
Arent Fox LLP; New York
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Julie A. Manning, Chief Judge
U.S. Bankruptcy Court (D. Conn.); Bridgeport
Hon. Stacey L. Meisel
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. Christopher J. Panos, Chief Judge
U.S. Bankruptcy Court (D. Mass.); Boston
Joshua W. Cohen, Facilitator
Day Pitney LLP; New Haven, Conn.
10:00-10:10 a.m.
Break
Sponsored by RJ Reuter Business Consulting
10:10-11:00 a.m.
Blockchain in 2019: Bankruptcy and Beyond
Nick Kammerman, Moderator
Chateaux; Westport, Conn.
Richard Gordon
IBM, Blockchain Solution Sales Leader; New York
Omid Malekan
New York
Jason A. Nagi
Polsinelli; New York
Stephen Rutenberg
Polsinelli; New York
11:00-11:10 a.m.
Break
11:10 a.m.-12:00 p.m.
Session Name
NAME, Moderator
Firm; Place, Pl.
Name 2
Firm; Place, Pl.
Advisory Board
Joshua W. Cohen
Day Pitney LLP; New Haven, Conn.
Melanie Cyganowski
Otterbourg P.C.; New York
Jacen Dinoff
KCP Advisory Group LLC; Burlington, Mass.
Leah Eisenberg
Foley & Lardner LLP; New York
Samuel J. Gerdano
American Bankruptcy Institute; Alexandria, Va.
Harvey Gross
New York Institute of Credit; New York
Nick Kammerman
Chateaux; Westport, Conn.
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP; Boston
Ryan J. Mulcunry
Great American Group; Needham, Mass.
Stan Pearson
Pearson Consulting Group: Greenwich, Conn.
Andrew I. Silfen
Arent Fox LLP; New York
David M. Weinstein
NextEdge Capital, Westport, Conn.
Thursday, May 2
11:00 a.m.
Golf
The Rees Jones-designed North Course at Lake of Isles, the #1 golf course in Connecticut, challenges players with its more than 7,300 yards of manicured fairways and greens. Five sets of tees at each hole give golfers of all skill levels a chance to score. Players can arrive as early as 10:00 a.m.; shotgun start is at 11:00 a.m. Includes a boxed lunch. This optional event has an additional fee of $225.
1:30 - 3:30 p.m.
Golf Clinic
This two-hour golf clinic with Golf Academy PGA professionals will include one hour of full swing and one hour of short game. This optional event has an additional fee of $165. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Hotel
The Mohegan Sun is one of the world’s most amazing destinations, containing some of New England’s finest dining, hotel accommodations, shopping and golf. The resort is within 45 minutes of Providence, Hartford and New Haven, and just over 90 minutes from Boston. New York is little more than 2 hours away. ABI has arranged a special conference rate of $159 single/double from May 1-2, 2019. Make your reservations by April 17, 2019, to reserve this special rate. You can make your reservation online at: ABI/NYIC cannot guarantee anyone a room after the April 17 cutoff or after the specially rated ABI/NYIC block has been filled.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by April 11, 2019. No refunds will be granted after April 11, but substitutions will be allowed. After April 11, 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 Credit
Approval for approximately 4.75 hours of CLE credit is pending in states calculating CLE on a 60-minute hour, and 5.7 hours of CLE credit 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 4.75 hours. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 5.5 credit hours. 5.5 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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. For information on tuition assistance, send an e-mail to adonohue@abiworld.org.
Event Information 275441
Thursday, August 1
12:00 p.m.
Optional Event: Golf Tournament at Hershey Country Club’s West Course
Beverage Cart sponsored by GlassRatner Advisory & Capital Group LLC
2:00-6:00 p.m.
Registration Desk Open
5:00-6:00 p.m.
"40 Under 40" Panel
Join Judge Silverstein and three of ABI’s 2018 “40 Under 40” honorees as the panelists discuss their career paths and share tips they have learned in their careers regarding best practices for professional development, mentoring, marketing and professionalism.
Hon. Laurie Selber Silverstein, Moderator
U.S. Bankruptcy Court (D. Del.); Wilmington, Del.
Rosa J. Evergreen
Arnold & Porter Kaye Scholer LLP; Washington, D.C.
Kara Hammond Coyle
Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.
Hannah W. Hutman
Hoover Penrod PLC; Harrisonburg, Va.
6:00-8:00 p.m.
Opening Reception
Sponsored by Barnes & Thornburg LLP, Bond Schoeneck & King, PLLC, Cole Schotz P.C. and SSG Capital Advisors, LLC
Friday, August 2
7:15-7:45 a.m.
Registration & Breakfast
Sponsored by Pachulski Stang Ziehl & Jones LLP
7:45-8:00 a.m.
Welcome Remarks by the Workshop Chairs
8:00-9:00 a.m.
Plenary Session
ABI Talks
Teresa Kohl, Moderator
SSG Capital Advisors, LLC; West Conshohocken, Pa.
Current Issues in Mass Tort Bankruptcy Cases
Erin Fay
Bayard, P.A.; Wilmington, Del.
Tips for Building Your Practice, Branding Yourself and Becoming a Happier Restructuring Professional Along the Way
Adam Landis
Landis Rath & Cobb LLP; Wilmington, Del.
How to Navigate Generational Communications
Heather Lennox
Jones Day; Cleveland
9:15-10:30 a.m.
Concurrent Sessions (4)
Bankruptcy Trends: Sales and Restructuring
This session will focus on government contractors, the identification and liquidation of undisclosed assets, restructuring strategies apart from § 363 sales, and the reorganization of small debtors.
Mark E. Felger, Moderator
Cozen O'Connor; Wilmington, Del.
Steven F. Agran
Carl Marks Advisors; New York
Tracey M. Ohm
Stinson LLP; Washington, D.C.
Hon. Brendan Shannon
U.S. Bankruptcy Court (D. Del.); Wilmington, Del.
Bankruptcy Trends: Contracts and Plans
This session will discuss general bond issues, substantive consolidation, recent changes to the Federal Rules of Bankruptcy Procedure, and bankruptcy holdouts.
Kimberly A. Brown
Landis Rath & Cobb LLP; Wilmington, Del.
Hon. Kevin Carey
U.S. Bankruptcy Court (D. Del.); Wilmington, Del.
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Lawrence McMichael
Dilworth Paxson LLP; Philadelphia
Consumer Bankruptcy Trends
The panelists will take an interactive look at recent developments, trends and cases of note in consumer chapter 7 and chapter 13 cases, including issues related to the new chapter 13 forms, the effect of the new tax bill on consumer debtors, the intersection between consumer bankruptcy and the cannabis industry, the current lending environment, trustee avoidance claims to recover payments for tuition/loan payments, filing trends and other issues.
Michael R. Herz, Moderator
Fox Rothschild LLP; Morristown, N.J.
Elizabeth L. Gunn
Virginia Office of the Attorney General; Richmond, Va.
Hon. Frank Volk
U.S. Bankruptcy Court (S.D. W. Va.); Charleston, W. Va.
Bankruptcy Litigation
This panel will address some hotly contested issues in the context of a bankruptcy case, including fraud and fiduciary duty litigation. Judge Santoro will also share his views on when parties should seek guidance from the court to resolve certain disputes, including when counsel should request in-chamber conferences. Finally, the panelists will also provide some “best practice” tips for when you find yourself embroiled in contentious litigation.
Erika L. Morabito, Moderator
Foley & Lardner LLP; Washington, D.C.
Jovi Bohan
Stout Risius Ross, LLC; Baltimore
Douglas M. Foley
McGuireWoods LLP; Washington, D.C.
Hon. Frank Santoro
U.S. Bankruptcy Court (E.D. Va.); Norfolk, Va.
Russell C. Silberglied
Richards, Layton & Finger, PA; Wilmington, Del.
10:30-10:45 a.m.
Refreshment Break
10:45 a.m. -12:00 noon
Concurrent Sessions (4)
Industry Trends: What Are We Working on Now/Next?
This session will focus on trucking and transportation, post-BAPCPA retail, the PG&E filing, agriculture, building products and home goods, and for-profit higher education.
Karen Giannelli, Moderator
Gibbons PC; Newark, N.J.
Hon. Nancy Alquist
U.S. Bankruptcy Court (D. Md.); Baltimore
Sheon Karol
The DAK Group; Rochelle Park, N.J.
Andrew R. Remming
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Health Care Score Card
The panelists will discuss upstart pharma bankruptcies, increased filings by care facilities and hospitals, the financial condition of rural hospitals, consumer medical bills, and medical records in bankruptcies.
Kenneth A. Rosen, Moderator
Lowenstein Sandler LLP; Roseland, N.J.
Michellene Davis
RWJBarnabas Health
Steven R. Korf
ToneyKorf Partners LLC; Valley Stream, N.Y.
Felicia Perlman
Skadden, Arps, Slate, Meagher & Flom LLP; Chicago
Joseph Scott
RWJBarnabas Health
Banking and Bankruptcy
Money talks and lending trends: This session will highlight consumer banking issues, technical aspects in cryptocurrency, and fintech.
Lisa B. Tancredi, Moderator
Gebhardt & Smith LLP; Baltimore
Mark A. Gittelman
PNC Bank; Philadelphia
Edward Phillips
Getzler Henrich & Associates LLC; New York
Fee-Application/Compensation Issues
This panel will explore a variety of hot-button compensation issues, as well as practical issues that arise when parties seek payment under the Bankruptcy Code, including best practices for working with fee examiners, implications of ASARCO four years later, considerations in formulating interim compensation procedures and issues related to non-attorney compensation.
Paul H. Deutch, Moderator
Omni Management Group, Inc.; New York
Monique B. DiSabatino
Saul Ewing Arnstein & Lehr LLP; Wilmington, Del.
Timothy Fox
Office of the U.S. Trustee; Wilmington, Del.
Christopher A. Jones
Whiteford Taylor Preston LLP; Falls Church, Va.
Hon. Michael B. Kaplan
U.S. Bankruptcy Court (D. N.J.); Trenton, N.J.
12:00-12:30 p.m.
Lunch
Sponsored by Fox Rothschild LLP
12:30-1:30 p.m.
Plenary Session
The Ascendance of Common Law and the Demise of Equity in Bankruptcy
William J. Rochelle, Editor-at-Large
American Bankruptcy Institute; New York
1:30-2:45 p.m.
Repeat Concurrent Sessions (3)
Industry Trends: What Are We Working on Now/Next?
Hon. Nancy Alquist
U.S. Bankruptcy Court (D. Md.); Baltimore
Maris Kandestin
DLA Piper; Wilmington, Del.
Andrew R. Remming
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Bankruptcy Trends: Sales and Restructuring
Kristen E. Burgers, Moderator
Hirschler Fleischer, PC; Tysons Corner, Va.
David S. Lorry
Versa Capital Management, LLC; Philadelphia
Hon. Brendan Shannon
U.S. Bankruptcy Court (D. Del.); Wilmington, Del.
Davis Wright
Robinson & Cole LLP; Wilmington, Del.
Bankruptcy Trends: Contracts and Plans
This panel will center on the ways bankruptcies and contracts collide. The discussion will include recent trends in plan structures, sale contracts, releases and injunctions. How clever is too clever by half?
David Gordon, Moderator
Polsinelli; Atlanta
Hon. Kevin Carey
U.S. Bankruptcy Court (D. Del.); Wilmington, Del.
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Catherine K. Hopkin
Yumkas, Vidmar, Sweeney & Mulrenin, LLC; Columbia, Md.
Concurrent Session
What’s Your Role?: Adult in the Room
This session will highlight the role of financial advisors, investment bankers, examiners, local counsel, plan officers and guardians.
Henry E. Waida, Moderator
Equity Partners HG; Fallston, Md.
Anthony Horvat
Accordion; New York
Natasha Songonuga
Gibbons PC; Wilmington, Del.
Jolene E. Wee
JW Infinity Consulting; New York
3:00-4:30 p.m.
Optional Event: Wine & Chocolate Tasting
3:00 p.m.
Optional Event: Trap-Shooting
Sponsored by Sullivan Hazeltine Allinson LLC
Shuttle will depart from Hershey Outfitters at 3:00 p.m.
5:45-6:45 p.m.
Q&A Reception with Judge Kevin Carey
Hon. Kevin Carey
U.S. Bankruptcy Court (D. De.); Wilmington
J. Scott Victor
SSG Capital Advisors, LLC; Conshohocken, Pa.
7:00 p.m.
Friday Night Dinner (kid-friendly!)
Bar Sponsored by Polsinelli
Dinner Sponsored by Morris, Nichols, Arsht & Tunnell LLP and Young Conaway Stargatt & Taylor, LLP
Entertainment Sponsored by Richards, Layton & Finger, P.A.
Saturday, August 3
7:30-8:00 a.m.
Breakfast
8:00-9:00 a.m.
Plenary Session
Judicial Debates
Lisa B. Tancredi, Moderator
Gebhardt & Smith LLP; Baltimore
Prof. Bruce Grohsgal
Delaware Law School Widener University; Wilmington, Del.
Hon. Vincent Papalia
U.S. Bankruptcy Court (D. N.J.); Newark, N.J.
Hon. Jerrold Poslusny
U.S. Bankruptcy Court (D. N.J.); Camden, N.J.
Hon. Christopher Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington, Del.
9:15-10:30 a.m.
Plenary Session
When to Draw the Line: Ethical Pitfalls in Bankruptcy and Social Media
Transparency is fundamental to the bankruptcy process, so it’s no surprise that a failure to disclose required information or identify conflicts of interest can lead to serious ethical issues. At the same time, the digital age in which we practice, and the pervasiveness of social media, raise the opposite problem: What happens when too much information is shared? This session will explore the ethical and professional considerations of both under-disclosing and over-sharing in bankruptcy cases by using illustrations from recent, real-life scenarios and interactive attendee participation. You may be surprised to learn what your obligations are, including with respect to policing what other people say or post.
Jill Bienstock, Moderator
Cole Schotz P.C.; Hackensack, N.J.
Arielle Adler
Lowenstein Sandler LLP; Roseland, N.J.
Christopher Giaimo
Squire Patton Boggs; Washington, D.C.
10:30-10:45 a.m.
Refreshment Break
Sponsored by McGuireWoods LLP
10:45 a.m. -12:00 p.m.
Plenary Session
The Evolution of Legal Technology and the Impact of Automation on Our Lives
With the advent of machine learning, robotics, the Internet of things, and big data, society has found itself in the midst of a fast-paced technological revolution. As technology continues to evolve, we will likely see software, machines and robots increasingly being used to automate everyday tasks. The legal world is no different. This panel will explore the evolution of legal tech and its effects on your day-to-day tasks.
Kelly Desgrosseilliers, Moderator
Epiq; Wilmington, Del.
Karim Guirguis
American Bankruptcy Institute; Alexandria, Va.
Joshua Pichinson
AgencyIP; Santa Clara, Calif.
Carl T. Tullson
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington, Del.
12:00 noon
Adjourn
Workshop Chairs
Hon. Stacey L. Meisel, Judicial Co-Chair
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. Laurie Selber Silverstein, Judicial Co-Chair
U.S. Bankruptcy Court (D. Del.); Wilmington
Shanti M. Katona, Co-Chair
Polsinelli; Wilmington, Del.
Teresa C. Kohl, Co-Chair
SSG Capital Advisors, LLC; West Conshohocken, Pa.
Lisa B. Tancredi, Co-Chair
Gebhardt & Smith LLP; Baltimore
Advisory Board
Steven F. Agran
Carl Marks & Co. Inc.; New York
Stuart M. Brown
DLA Piper; Wilmington, Del.
Anthony Calascibetta
EisnerAmper LLP; Iselin, N.J.
G. David Dean
Cole Schotz P.C.; Wilmington, Del.
Paul H. Deutch
Omni Management Group; New York
Stephen A. Donato
Bond, Schoeneck & King PLLC; Syracuse, N.Y.
Linda V. Donhauser
Miles & Stockbridge P.C.; Baltimore
Louis J. Ebert
Rosenberg Martin Greenberg LLP; Baltimore
Brett D. Fallon
Morris James LLP; Wilmington, Del.
Mark E. Felger
Cozen O’Connor; Wilmington, Del.
Charles M. Forman
Forman Holt; Paramus, N.J.
Christopher J. Giaimo
Squire Patton Boggs; Washington, D.C.
Elizabeth L. Gunn
Virginia Office of the Attorney General;
Richmond, Va.Kara Hammond Coyle
Young Conaway Stargatt & Taylor, LLP;
Wilmington, Del.
Jason W. Harbour
Hunton Andrews Kurth LLP; Richmond, Va.
Michael R. Herz
Fox Rothschild LLP; Morristown, N.J.
Jarret P. Hitchings
Duane Morris LLP; Wilmington, Del.
Thomas M. Horan
Fox Rothschild LLP; Wilmington, Del.
Richard Infantino
Deloitte CRG; Philadelphia
Ericka F. Johnson
Womble Bond Dickinson (US) LLP; Wilmington, Del.
Laura D. Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Lawrence A. Katz
Hirschler Fleischer, PC; Tysons Corner, Va.
Shelley A. Kinsella
Elliott Greenleaf; Wilmington, Del.
Kenneth W. Mann
Equity Partners HG LLC; Easton, Md.
Erika L. Morabito
Foley & Lardner LLP; Washington, D.C.
Richard Newman
Alvarez & Marsal; Chicago
Edward Phillips
Getzler Henrich & Associates LLC; New York
David M. Powlen
Barnes & Thornburg LLP; Wilmington, Del.
Kenneth A. Rosen
Lowenstein Sandler LLP; Roseland, N.J.
Jeffrey N. Rothleder
Squire Patton Boggs; Washington, D.C.
Jeffrey M. Schlerf
Fox Rothschild LLP; Wilmington, Del.
Joseph L. Schwartz
Riker Danzig Scherer Hyland & Perretti LLP; Morristown, N.J.
Angela Shortall
3Cubed Advisory Services, LLC; Baltimore
Natasha Songonuga
Gibbons P.C.; Wilmington, Del.
David I. Swan
McGuireWoods LLP; Tysons, Va.
Stanley B. Tarr
Blank Rome LLP; Wilmington, Del.
Jeremy P. VanEtten
Gavin/Solmonese LLC; Wilmington, Del.
Robert A. Weber
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington, Del.
Jolene E. Wee
JW Infinity Consulting, LLC; New York
Marc Weinsweig
Weinsweig Advisors; Gaithersburg, Md.
Christopher B. Wick
Hahn Loeser & Parks LLP; Cleveland
Optional Events
Golf Tournament at Hershey Country Club’s West Course
Thursday, August 1, 12:00 p.m.
Beverage Cart sponsored by GlassRatner Advisory & Capital Group LLC
Hershey Country Club’s West Course provides a bird’s-eye view of the town – including play atop the hill on the front lawn of Milton Hershey’s estate, High Point Mansion. This par-73 course was designed in 1930 with tree-lined fairways, lush greens and challenging hazards. Green fees are $175 per person, which includes lunch and cart. Lunch will be provided at 11:30 a.m.. Please check the appropriate box on the online registration form, and indicate your handicap.
Wine & Chocolate Tasting
Friday, August 2, 3:00 p.m.
During Wine & Chocolate at The Hotel Hershey you will enjoy a guided tasting of five wines from around the world, each expertly paired with a decadent dessert. Your host, a Certified Sommelier & Specialist of Wine, will teach you the basics of wine tasting, food pairing, and answer any questions you may have throughout this interactive and unique experience. The cost is $60 per person. Please check the appropriate box on the online registration form. This event requires a minimum number of attendees. If this minimum is not met, the event will not be held, and you will be refunded any fees and notified two weeks prior.
Trap-Shooting Tournament
Friday, August 2, 3:00 p.m.
Sponsored by Sullivan Hazeltine Allinson LLC
Both addictive and challenging, trap-shooting launches targets from a single ‘house’ or machine, generally away from the shooter. Instead of sinking a ball into a hole, shooters aim to break targets. All family members over 12 years of age can safely enjoy this energetic sport at the Palmyra Sportsmen’s Club. The $130 fee includes two rounds, transportation and all tournament fees. (Heels, curved soled “Shape-Ups”, or flip flops of any kind will not be permitted.) Please check the appropriate box on the online registration form.
Cocoa Clubhouse
The Cocoa Clubhouse is the perfect place for young vacationers (ages 5+) to make new friends and learn new skills, including tennis, basketball, swimming, arts and crafts, and ice cream-making. Kids can also visit the Children’s Garden and Butterfly House. Full-day (9:00 a.m.-4:00 p.m.) pricing is $75 per child and includes lunch; half-day (9:00 a.m.-1:00 p.m. or 12:00-4:00 p.m.) is $55 per child and includes lunch. Cocoa Clubhouse also offers an evening camp option from 5:00-9:00 p.m., which includes a meal and is $60 per child. To enroll your child(ren) in the Cocoa Clubhouse, please call the Hotel Hershey directly at (717) 533-2171.
Discounted Tickets to Hershey Park
You can purchase discounted tickets to Hershey Park during your stay (tickets are general admission and can be used August 1 - August 3, 2019). The cost per person is $38.50 for ages 3 & Up, children 2 and under are free. Purchased tickets will be distributed at registration when you arrive at the hotel. Please check the appropriate box on the online registration form.
Conference Information
Hotel
One of the finest historic hotels in America, the Hotel Hershey is known for its refined elegance, signature service and highly rated amenities. Situated high atop the town of Hershey, Pa., this 1930s-era hotel has been recognized with both the Forbes Four-Star Award and the AAA Four-Diamond Award. Outfitted with indoor and outdoor swimming pools, cabana rentals, nightly family s’mores roasts, a full sports complex and more, the Hotel Hershey has something for every family member. ABI has arranged a special conference rate of $329 per night. Reservations must be made directly with the resort by June 30, 2019, to secure this special rate. You will receive a unique room-reservation link after you have registered with ABI. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the June 30 cut-off or after the specially rated ABI block has been filled. The hotel may sell out, so please make your reservations accordingly.
Continuing Education Credit
10.25 hours of CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 13.8 hours of CLE credit, including 1.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 12 credit hours, of which 1.5 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 10.25 hours, of which 1.25 hours will apply to ethics. 12 hours of CPE credit, including 1.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. 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 more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 July 11, 2019. No refunds will be granted after July 11, but substitutions will be allowed. After July 11, 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.
Rates
Registration Rates Early Bird
(by 5/31/19)Regular
(6/1/19-7/12/19)Late
(after 7/12/19)ABI Member$650$700$795ABI Govt./Nonprofit/Aca. Member$345$395$445Join & Save*$975$1,025$1,120New Govt./Nonprofit/Aca. ABI Member**$440$490$540*Includes a one-year ABI membership for first-time members — a $350 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.
Exhibitor Rates
ABI Member Exhibitor Registration**$1,600New ABI Member Exhibitor Registration***$1,950Additional Booth Representative$500** 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.
Optional Events
Opening ReceptionGuestChild (12 and under)
Included$50$15Friday Dinner and Dancing RegistrantGuestChild (12 and under)
$30$80$25Hershey's Park TicketsAdults (ages 3 & up)Child (under age 2)
$38.50FreeABI 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.
Event Information 275604
Monday, August 19
Optional Event
Baseball Night Out
Cincinnati Reds vs. San Diego Padres
Gates Open: 5:40 p.m.
Opening Pitch: 7:10 p.m.Enjoy a night of America’s favorite pastime in one of the Great American Ballpark’s private Triple Play Suites. From the third level along the third-base side, you’ll have a prime view of home team Reds as they take on the San Diego Padres. Mingle comfortably indoors, or watch the game under the lights from the outdoor viewing deck with ballpark seating. Tickets are $70 per person and include an unlimited ballpark buffet, unlimited soft drinks and two beers per person.
Tuesday, August 20
7:30 a.m.
Registration Desk and Exhibits Open
7:30-8:30 a.m.
Networking Breakfast
Sponsored by Vorys, Sater, Seymour and Pease LLP
8:20-8:30 a.m.
Welcome and Opening Remarks
8:30-9:30 a.m.
Case Law and Rules Update: Part I
This session will highlight particularly interesting case law developments to date in 2019 and their impact on bankruptcy law and practice.
William J. Rochelle, III
American Bankruptcy Institute; New York
9:30-10:30 a.m.
Modern Issues in Ethics and Professionalism
Jason V. Stitt, Moderator
Keating Muething & Klekamp PLL; Cincinnati
#MeToo: Shedding Light on Sexual Harassment
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Attorney Mental Health
Hon. John E. Hoffman, Jr.
U.S. Bankruptcy Court (S.D. Ohio); Columbus
10:30-11:00 a.m.
Networking Break
11:00 a.m.-12:00 noon
Economics of Law Practice: The Future of Shutdowns and the 2017 Tax Act Effects
Ellen Arvin Kennedy, Moderator
Dinsmore & Shohl LLP; Lexington, Ky.
Peter Evangelakis
REMI; Washington, DC
Hon. Robert E. Gerber (ret.)
Joseph Hage Aaronson LLC; New York
David Stewart
Squire Patton Boggs (US) LLP; Washington, D.C.
12:00-12:30 p.m.
Luncheon
12:30-1:30 p.m.
Rembrandt, the Bankrupt Printmaker: His Life and Bankruptcy Proceeding of 1656
This presentation combines art and insolvency law to reveal fascinating insights into Dutch artist Rembrandt’s life (1606-69): his Amsterdam workshop, loves, real estate and art investing, fraudulent transfers and secret corporations, along with asset auctions and jurisdictional issues not seen since Stern v. Marshall.
Hon. Scott C. Clarkson
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
1:30-3:00 p.m.
Concurrent Sessions (2)
Commercial Session
Commercial Session: The Most Important Bankruptcy Cases in the 40 Years of the U.S. Bankruptcy Code
Join experts from the Sixth Circuit and across the country as they debate which bankruptcy decision has been the most important since the U.S. Bankruptcy Code was adopted.
Casey M. Cantrell Swartz; Moderator
Taft Stettinius & Hollister LLP; Cincinnati
Jeffrey M. Hendricks
Graydon Head & Ritchey LLP; Cincinnati
Joseph E. Lehnert
Keating Muething & Klekamp PLL; Cincinnati
Demetra L. Liggins
Thompson & Knight LLP; Houston
Donald W. Mallory
Wood + Lamping LLP; Cincinnati
Consumer Session
Consumer Session: Selected Topics on Case Administration and the Estate in Chapter 7
Our expert faculty will review the groundbreaking final report of the ABI Commission on Consumer Bankruptcy and the findings of its Subcommittee on Case Administration and the Estate.
Pamela N. Maggied, Moderator
Pamela N. Maggied Co., L.P.A.; Columbus, Ohio
Alane A. Becket
Becket & Lee LLP; Malvern, Pa.
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
3:00-3:30 p.m.
Refreshment Break
Sponsored by National Automotive Brokerage Services
3:30-5:00 p.m.
Concurrent Sessions (2)
Commercial Session
Commercial Session: Pushing the Envelope in Chapter 11 — How Far Can You Go?
Take it to the limits in this commercial bankruptcy session while examining whether lenders should push for deal terms that are not contemplated by, nor consistent with, local rules or practice concerning financing orders. In an “emergency” filing that is followed by an immediate asset sale, why aren’t directors and officers exposed for undue delay, and what happens to that claim?
A.J. Webb, Moderator
Frost Brown Todd LLC; Cincinnati
Alpesh A. Amin
Conway MacKenzie, Inc.; Chicago
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Tiffany Strelow Cobb
Vorys, Sater, Seymour and Pease LLP; Columbus, Ohio
Consumer Session
Consumer Session: ABI Consumer Commission Final Report — Committee on Chapter 13
Speakers, including members of the ABI Commission on Consumer Bankruptcy, will analyze the focus of and suggestions by the Commission on the reduction of barriers to entry into chapter 13, enhancing the fresh start and making chapter 13 work for all stakeholders.
Michael B. Baker, Moderator
The Baker Firm, PLLC; Fort Mitchell, Ky.
Alane A. Becket
Becket & Lee LLP; Malvern, Pa.
Beverly M. Burden
Chapter 13 Trustee (E.D. Ky.); Lexington
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
5:00-6:30 p.m.
Networking Reception
Sponsored by Squire Patton Boggs
Wednesday, August 21
7:30 a.m.
Registration Desk and Exhibits Open
7:30-8:30 a.m.
Networking Breakfast
8:15-8:30 a.m.
Distinguished Law Student Awards
8:30-9:30 a.m.
Case Law and Rules Update: Part II
William J. Rochelle, III
American Bankruptcy Institute; New York
9:30-10:30 a.m.
Judicial Town Hall
The judges will discuss ethical issues involved with the representation of parties in bankruptcy proceedings. Topics for discussion include pre-filing obligations (e.g., investigation of assets, conflicts, employment and fee-sharing agreements), duties upon filing the case (e.g., disclosures, fee applications, § 341 meetings, adversary proceedings), and ongoing and other obligations (e.g., fee disgorgement, duties throughout a chapter 13 proceeding, sanctions). The discussion will consider federal bankruptcy statutes, federal and state rules of procedure, and state rules for attorney conduct.
Hon. Gregory R. Schaaf, Moderator
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Hon. John E. Hoffman, Jr.
U.S. Bankruptcy Court (S.D. Ohio); Columbus
Hon. Jeffery P. Hopkins
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
10:30-11:00 a.m.
Networking Break
11:00 a.m.-12:00 noon
Concurrent Sessions (2)
Commercial Session
Commercial Session: How to Decide Where to File — and When to Object to the Chosen Venue
Taking in the perspectives of the debtor and secured lenders, including the appropriateness to decline to support a filing in a jurisdiction that one believes is “unfavorable” in terms of permitted financing terms and covenants, how does a practitioner decide where to file? What goes into the decision? Why are the Sixth Circuit courts not as popular for selection? When should a venue be challenged?
T. Kent Barber, Moderator
Barber Law PLLC; Lexington, Ky.
Hon. Joan N. Feeney (ret.)
Boston
Kim Martin Lewis
Dinsmore & Shohl LLP; Cincinnati
Peter R. Morrison
Squire Patton Boggs; Cleveland
Consumer Session
Consumer Session: Complex Cases and Advanced Trustee Issues
Our panel of chapter 7 trustees and consumer practitioners will discuss how to analyze corporate-entity assets, sales of real estate and other advanced issues.
Eric W. Goering, Moderator
Goering & Goering, LLC; Cincinnati
John G. Jansing
Altick & Corwin Co., L.P.A.; Dayton, Ohio
L. Craig Kendrick
L. Craig Kendrick, Attorney at Law; Florence, Ky.
12:00-12:30 p.m.
Luncheon
12:30-1:30 p.m.
The Bankruptcy Code at 40: A Q&A with Richard Levin, an Author of the Code
Timothy J. Hurley, Moderator
Taft Stettinius & Hollister LLP; Cincinnati
Richard B. Levin
Jenner & Block; New York
1:30-2:30 p.m.
Into the Future: Where Do We Go from Here?
Take a look forward as this panel predicts where the Code will be in the next 40 years. Will venue be mandated or constricted? How will student loans be handled? What technologies will be in the courtrooms of the future? Does current case law foreshadow what is to come? How will the international insolvency landscape change? Will there even be a need for bankruptcy?
Raymond J. Pikna, Jr., Moderator
Wood + Lamping LLP; Cincinnati
Whitman L. Holt
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Kathryn B. McGlynn
AlixPartners LLP; New York
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
2:30-3:30 p.m.
Life Under the Act
Join experienced practitioners in a historical look at the U.S. Bankruptcy Code from 41 years ago to today, and where the Code may go in the future. Learn the challenges of practicing under the Bankruptcy Act in the 1970s, from the “first meeting of creditors” in front of a bankruptcy judge to reaffirmation of debt and filing two petitions for a husband and wife. How did attorneys, debtors, creditors and the courts adjust to the Code? How has the court and bar changed in terms of diversity? What is the importance of local precedent, and how was and is it disseminated? With the formalization of the bankruptcy courts, how did the judicial appointment, assignment of cases, and general contact and communication with the courts change? From the U.S. Trustee pilot program to the current model, how has the chapter 7 trustee appointment process changed, and what are the effects? How did local practice change, and how does it continue to evolve? What are the results of the exemption compromise and its effects on current practice?
Hon. Beth A. Buchanan, Moderator
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Robert A. Goering
Goering & Goering, LLC; Cincinnati
Richard B. Levin
Jenner & Block; New York
William B. Logan, Jr.
Luper Neidenthal & Logan; Columbus, Ohio
3:30 p.m.
Adjourn
Judicial Co-Chairs
Hon. Beth A. Buchanan
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Hon. Jeffery P. Hopkins
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Program Chair
Stephen D. Lerner
Squire Patton Boggs; Cincinnati
Advisory Board
Michael B. Baker
The Baker Firm PLLC; Fort Mitchell, Ky.
Michael L. Baker
Ziegler & Schneider P.S.C.; Covington, Ky.
T. Kent Barber
Barber Law PLLC; Lexington, Ky.
Edward J. Boll, III
Lerner, Sampson & Rothfuss; Cincinnati
J. Michael Debbeler
Graydon Head & Ritchey LLP; Cincinnati
Patricia J. Friesinger
Coolidge Wall Co., L.P.A.; Dayton, Ohio
Eric W. Goering
Goering & Goering, LLC; Cincinnati
Timothy J. Hurley
Taft Stettinius & Hollister LLP; Cincinnati
Ellen Arvin Kennedy
Dinsmore & Shohl LLP; Lexington, Ky.
Monica V. Kindt
Cincinnati
William B. Logan, Jr.
Luper Neidenthal & Logan; Columbus, Ohio
Pamela N. Maggied
Pamela N. Maggied Co., LPA; Columbus, Ohio
Jeffrey A. Marks
Vorys, Sater, Seymour and Pease LLP; Cincinnati
John B. Pidcock
Conway MacKenzie, Inc.; Dayton, Ohio
Raymond J. Pikna, Jr.
Wood + Lamping LLP; Cincinnati
Donald J. Rafferty
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
Erin C. Renneker
Harold Jarnicki and Associates; Lebanon, Ohio
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Lori A. Schlarman
Bankruptcy Panel Trustee; Ft. Mitchell, Ky.
Jason Stitt
Keating Muething & Klekamp PLL; Cincinnati
Casey M. Cantrell Swartz
Taft Stettinius & Hollister LLP; Cincinnati
A.J. Webb
Frost Brown Todd LLC; Cincinnati
Conference Information
Hotel
A block of rooms at the Renaissance Cincinnati Downtown is being held on a first-come, first-served basis. The special room rate is $179.95 per night; reservations must be made by July 30, 2019, to secure the special rate. Reservations may be made online (http://tinyurl.com/mrbs2019) or by calling Marriott Reservations at 800-228-9290 and asking to be placed in the specially rated ABI Regional Seminar block. ABI cannot guarantee anyone a room after the block is filled.
Transportation
The Cincinnati/Northern Kentucky International Airport (CVG) is located approximately 12 miles/20 minutes from the Renaissance Cincinnati Downtown.
Conference Attire
Business casual attire is requested, though not required.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by July 30, 2019. No refunds will be granted after July 30, but 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 this same conference next year.
Continuing Education*
13 hours of CLE credit, including 2 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 15.6 hours of CLE credit, including 2.2 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 15 credit hours, of which 2 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 13 hours, of which 2 hours will apply to ethics. 12 hours of CPE credit, including 2 hours of ethics, are also available.
* ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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 [email protected].
2019 Midwest Regional Bankruptcy Seminar Registration Rates
Early Bird
(by 7/12/19)Regular
(after 7/12/19)ABI Member $445 $515 Join and Save* $540 $610 Govt./Aca. ABI Member $145 $170 Govt./Aca. New ABI Member*
$240 $265 Consumer Workshop ONLY Pricing ABI Member $315 $365 Join and Save* $410 $460 * Includes a one-year ABI membership for first-time members only — a $350 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.
ABI Member Exhibitor Registration**$625New ABI Member Exhibitor Registration***$720Additional Booth Representative$95**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—a $350 value.
Optional Events
Baseball Night Out: Padres vs. Reds$70Baseball Night Out Guest$70Tuesday Networking ReceptionFreeTuesday Networking Reception Guest$40ABI 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.
Event Information 275982
Sunday, December 8
OVERVIEW AND INTRODUCTION TO THE FUNDAMENTALS OF BANKRUPTCY MEDIATION
2:00-2:30 p.m.
Welcome, Purpose and Goal-Setting
2:30-3:00 p.m.
Why Bankruptcy Mediation?
3:00-3:45 p.m.
The Role of a Bankruptcy Mediator — Developing a Mediator’s Mind
3:45-4:00 p.m.
Break
4:00-4:45 p.m.
Bankruptcy Mediation Overview: Definition, A Tale of Two Theories: Understanding Conflict-Resolution Ideology in Bankruptcy, Values, Anatomy of Mediation, Mediator’s Role — Lecture
4:45-6:00 p.m.
Effective Opening Statements and Agenda-Setting — Lecture and Exercise
6:00-6:30 p.m.
Beginning Mediator’s Skills: Promoting Effective Conflict Discourse
6:30-7:30 p.m.
Cocktail Reception
Monday, December 9
APPLICATION AND PRACTICE OF FUNDAMENTAL BANKRUPTCY MEDIATION SKILLS
9:30-9:45 a.m.
Reflections, Questions and Review of Day One
9:45-10:45 a.m.
Mediator’s Skills: Promoting Effective Conflict Discourse (cont’d.) — Lecture, Exercise and Simulation
10:45-11:00 a.m.
Break
11:00-11:15 a.m.
Physical and Organizational Considerations in Mediation
11:15 a.m.-12:30 p.m.
Role Play #1: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
Professional Bankruptcy Mediators: A Real World View of the Business and Profession of Mediation
It is both exciting and challenging to expand your bankruptcy practice to include mediation. Learn from respected professionals about their development and marketing strategies to help generate your mediation practice. (Bob Fishman, Rick Mikels, Jerry Markowitz and Scott Stuart)
1:30-2:15 p.m.
Drafting Summary Letters
2:15-3:45 p.m.
Role Play #2: Chapter 7 — Simulation, Individual Group Debrief and Class Debrief
3:45-4:00 p.m.
Break
4:00-5:30 p.m.
Role Play #3: Chapter 13 — Simulation, Individual Group Debrief and Class Debrief
5:30-6:00 p.m.
Drafting Summary Letters
Tuesday, December 10
PRACTICE CHALLENGES IN BANKRUPTCY MEDIATIONS: VALUATIONS AND MULTI-PARTY MEDIATIONS
9:30-9:45 a.m.
Reflections, Questions and Review of Day Two
9:45-10:30 a.m.
Overcoming Valuation Impasses: Effective Strategies in Lieu of Mediator Evaluation
10:30-10:45 a.m.
Break
10:45-11:15 a.m.
Overcoming Valuation Impasses: Psychological Distortions that Interfere with Rational Decision-Making
11:15 a.m.-12:30 p.m.
Role Play #4: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
The Rise of Plan Mediation: Benefits and Pitfalls
1:30-3:00 p.m.
Convening and Facilitating Multi-Party Mediations: Chapter 11 Bankruptcy Mediations
3:00-3:15 p.m.
Break
3:15-5:15 p.m.
Role Play #5: Chapter 11 — Simulation, Individual Group Debrief and Class Debrief
5:15-6:00 p.m.
Integrating Lessons Learned from Multi-Party Mediations
Wednesday, December 11
PRACTICE CHALLENGES IN MEDIATION: OVERCOMING FINAL IMPASSES AND ETHICS
9:30-9:45 a.m.
Reflections, Questions and Review of Day Three
9:45-10:45 a.m.
Strategies for Overcoming Final Impasses
10:45-11:00 a.m.
Break
11:00 a.m.-12:30 p.m.
Role Play #6: Chapter 11
12:30-1:30 p.m.
Working Lunch
Mediation Demonstrations: Bridging the Gap (Ed Dobbs)
1:30-3:00 p.m.
Role Play #7
3:00-3:30 p.m.
Integrating Lessons Learned from Role Plays
3:30-3:45 p.m.
Break
3:45-6:00 p.m.
Clarifying the Blurry Ethical Contours of Bankruptcy Mediation and Confidentiality — Lecture and Exercise
Thursday, December 12
BANKRUPTCY MEDIATION: PRE-MEDIATION, ETHICS AND PUTTING IT ALL TOGETHER
9:30-9:45 a.m.
Reflections, Questions and Review of Day Four
9:45-10:45 a.m.
Cross-Border Mediation — Lecture and Exercise
10:45-11:00 a.m.
Break
11:00 a.m.-12:30 p.m.
Role Play #8: Simulation, Individual Group Debrief and Class Debrief
12:30-1:30 p.m.
Working Lunch
The Different Views from the Bench and Mediation Practice
1:30-3:30 p.m.
Role Play #9: Simulation, Individual Group Debrief and Class Debrief
3:30-4:00 p.m.
Overview Checklist
4:00-4:15 p.m.
Next Steps to Becoming a Professional Mediator
4:15-5:00 p.m.
Closing Ceremony
This schedule is subject to modification.
The Gold Standard of Bankruptcy Mediation Training
The ABI/St. John’s Bankruptcy Mediation Training program is designed to educate mediators about the theory, skills and specific practice challenges of bankruptcy mediation. Guided by a distinguished faculty of nationally respected bankruptcy jurists, practitioners and mediators, the ABI/St. John’s Mediation Training program teaches the critical skills that are requisites for bankruptcy mediators. Our training faculty includes leaders in the field of mediation and bankruptcy. Lectures, exercises and simulations focus solely on bankruptcy conflicts.
Beyond the core skills that are essential for good mediators, participants will also learn about specialized bankruptcy issues inherent in bankruptcy mediations, including:
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Understanding the Anatomy of a Successful Bankruptcy Mediation
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Maximizing Pre-Mediation Opportunities
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Managing the Multi-Party Dynamics of Bankruptcy Mediation
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Analyzing Impasses in Bankruptcy and Applying Impasse-Breaking Skills
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Mediating Valuation Conflicts Without Having the Mediator Evaluate
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Distinguishing Between Writing Mediation Summaries and Drafting Agreements
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Defining Bankruptcy Mediation Ethics Within a Collegial Bankruptcy Community
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Maintaining Momentum and Ensuring Continuity in Multi-Session Mediations
During the 40 hours of this highly interactive five-day training program, participants will develop an understanding of the practice of bankruptcy mediation through a combination of lectures, videos, demonstrations and supervised simulations. At the conclusion of the training, participants will receive a Certificate of Completion of ABI/St. John’s Bankruptcy Mediation Training, the Gold Standard of Bankruptcy Mediation Training. Participants will also receive a DVD of themselves in action during a mock mediation. As an added bonus, the training qualifies for continuing legal education credit*.
*In order to receive credit, participants are required to commit to attending the entire 40 hours of training.
Why Bankruptcy Mediation Training?
Bankruptcy judges, lawyers and financial advisors have a long-held and respected reputation of competently assessing the bottom line and settling their cases. However, despite bankruptcy professionals’ best efforts, sometimes cases are unable to be settled. For those cases, mediation can be the appropriate forum. Increasingly, bankruptcy courts are using mediation as a valuable adjunct to their case management to help resolve issues that even the most skilled bankruptcy professionals are unable to resolve. Consequently, there is a growing need for trained bankruptcy mediators.
Who Should Attend?
If you are a bankruptcy judge, lawyer or financial professional who is interested in applying your bankruptcy expertise, learning more about bankruptcy mediation and possibly becoming a bankruptcy mediator, or if you are already a mediator and would like to expand your skills into bankruptcy mediation, this training is for you.
Faculty
Lead Trainer:
Prof. Elayne E. Greenberg
Assistant Dean for Dispute Resolution Programs
Professor of Legal Practice
Director of The Hugh L. Carey Center for Dispute Resolution
St. John’s University School of Law; New YorkLecturers:
C. Edward Dobbs
Parker, Hudson, Rainer & Dobbs LLP
Coaches:
Robert M. Fishman
Fox Rothschild LLP
Jerry M. Markowitz
Markowitz Ringel Trusty + Hartog, P.A.
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP
Scott Y. Stuart
Turnaround Management Association
Conference Information
Attendance/Participation Policy
Participants are required to attend the entire 40 hours of training. If you cannot attend all 40 hours, please defer registering.
Hotel
Participants are responsible for their own travel and hotel arrangements. Some nearby hotels to consider are The Millennium Hilton, Cosmopolitan Hotel Tribeca, Embassy Suites Hotel New York, New York Marriott and Holiday Inn Downtown. These listings are provided for informational purposes only and are not vendor endorsements or recommendations.
Location
St. John's University School of Law, Manhattan Campus
51 Astor Place
New York, NY 10003
Building entrance is between 3rd and 4th AvenuesCancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by October 11, 2019. No refunds will be granted after October 11, but substitutions will be allowed. After October 11, 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 Credit
33.75 hours of general CLE credit, including 2.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 40.5 hours of general CLE credit, including 2.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s credit and approval rules. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 33.75 hours, of which 2.25 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 40.5 credit hours, of which 2.5 hours of credit can be applied toward the ethics professionalism requirement. 40.5 hours of CPE credit, including 2.5 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. For more information regarding administrative policies such as complaints and refunds, 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. For information on tuition assistance, send an e-mail to [email protected].
Conference Rates
Registration Rates Early
(by 8/30/19)Regular
(after 8/30/19)ABI Member*$3,295$3,400Join and Save**$3,620$3,725ABI Government/Non-Profit Member$2,795$2,900New ABI Government/Non-Profit Member*$3,070$3,175* The ABI Member rate is extended to all TMA members.
Please contact our accounting office at 703-739-0800 to register at this rate.** Includes a one-year ABI membership for first-time members — a $350 value! ABI membership is individual and nonrefundable. Expired members should select the member rate and renew their membership at renew.abi.org.
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Event Information 276344
Friday, September 20
7:30-8:15 a.m.
Registration and Continental Breakfast
Sponsored by Cravath, Swaine & Moore LLP
8:15-8:30 a.m.
Welcome Remarks
Donald A. Workman, Program Chair
BakerHostetler; Washington, D.C.
Jill Castleman, Executive Director, Office of Executive and Legal Education
Georgetown Law; Washington, D.C.
Samuel J. Gerdano, Executive Director
American Bankruptcy Institute; Alexandria, Va.
8:30-9:30 a.m.
Confirmation Roundtable
This session will cover a number of recent confirmation hot topics, including pre-packaged reorganization (In re FullBeauty Brands Holding Corp.), make-whole provisions (In re Ultra Petroleum Corp.), reorganization through rights offerings (In re Pacific Drilling SA), and the ‘one day’ confirmation issue (Pacific Western Bank v. Fagerdala USA-Lompac Inc.).
Jay M. Goffman, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Hon. Carla E. Craig
U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Kevin R. Huennekens
U.S. Bankruptcy Court (E.D. Va.); Richmond
Peter M. Friedman, Facilitator
O'Melveny & Myers LLP; Washington, D.C.
9:30-9:45 a.m.
Networking Break
Sponsored by Gavin/Solmonese LLC
9:45-10:45 a.m.
Asset Sales
This panel will explore hot-button issues relating to sales, including: limitations on credit bidding; successor liability and related due process considerations; releases for purchasers under sale orders; and the standard for allowance of break-up fees. The panel will also reflect on lessons learned from the emergency section 363 sale of Lehman.
Paul M. Basta, Moderator
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Hon. Jeffery W. Cavender
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Karen K. Specie
U.S. Bankruptcy Court (N.D. Fla.); Tallahassee
Martin J. Bienenstock, Facilitator
Proskauer; New York
10:45-11:00 a.m.
Networking Break
Sponsored by Polsinelli PC
11:00 a.m.-12:00 p.m.
Current Issues Concerning and New Dilemmas for Committees
How do judges view the various types of committees–official statutory committees (including unsecured creditor, equity, retiree and tort claimant committees) and ad hoc committees? Is the makeup of the committee (trade/landlords/noteholders/bondholders/litigation claimants) relevant? What is Jevic’s impact on the ability of unsecured creditors’ committees to obtain recoveries for their constituents—do committees representing deeply out-of-the-money creditors have anything left in their toolboxes? This panel will discuss these questions and more relating to official and ad hoc committees.
Norman N. Kinel, Moderator
Squire Patton Boggs (US) LLP; New York
Hon. Kevin Gross
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Michael B. Kaplan
U.S. Bankruptcy Court (D. N.J.); Trenton
Laura Davis Jones, Facilitator
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
12:00-1:30 p.m.
Working Lunch: Breakouts 1-3
Sponsored by Pachulski Stang Ziehl & Jones LLP
A facilitator will lead additional discussions from the three earlier panels, providing a unique opportunity for attendees to follow up on the morning’s topics in small groups over lunch with the judicial faculty.
Confirmation Roundtable
Working Lunch discussion led by:
Michael L. Bernstein
Arnold & Porter Kaye Scholer LLP; Washington, D.C.
Sales
Working Lunch discussion led by:
Hon. Melanie L. Cyganowski (Ret.)
Otterbourg P.C.; New York
Current Issues Concerning and New Dilemmas for Committees
Working Lunch discussion led by:
Mark D. Collins
Richards, Layton & Finger, PA; Wilmington, Del.
1:30-1:40 p.m.
Networking Break
Sponsored by McGuireWoods LLP
1:40-2:40 p.m.
Great Debates
Resolved: A creditor in possession of a debtor’s collateral must surrender it to avoid a stay violation.
Hon. Michael E. Wiles, Moderator
U.S. Bankruptcy Court (S.D.N.Y.); New York
Pro: Hon. Eugene R. Wedoff (Ret.)
U.S. Bankruptcy Court (N.D. Ill.); Oak Park
Con: Craig Goldblatt
WilmerHale; Washington, D.C.
Resolved: The legal test or application of the standard of disinterestedness should be changed.
Thomas. M. Horan, Moderator
Fox Rothschild LLP; Wilmington, Del.
Pro: Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Con: Hon. Robert E. Gerber (Ret.)
Joseph Hage Aaronson LLC; New York
2:40-3:00 p.m.
Networking Break
Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP
3:00-4:00 p.m.
Avoidance Issues
This panel will discuss preferences and fraudulent conveyances, the Fairfield cases relating to extraterritoriality, and whether returning the funds acts as a defense (Kingsley v. Wetzel (In re Kingsley), 518 F.3d 874, 877-78 (11th Cir. 2008)) versus what the Seventh Circuit has ruled on the issue (Nostalgia Network Inc. v. Lockwood, 315 F3d 717, 720 (7th Cir. 2002)).
James E. Van Horn, Moderator
Barnes & Thornburg LLP; Washington, D.C.
Hon. Rebecca Buehler Connelly, Chief Judge
U.S. Bankruptcy Court (W.D. Va.); Harrisonburg
Hon. John K. Sherwood
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. S. Martin Teel, Jr.
U.S. Bankruptcy Court (D. D.C.); Washington
Luke A. Barefoot, Facilitator
Cleary Gottlieb Steen & Hamilton LLP; New York
4:00-4:15 p.m.
Networking Break
4:15-5:15 p.m.
Cheat, Prey, Shove: 3 Acts Forbidden by Ethics
Oftentimes lawyers must deal with people in vulnerable positions- and there are a whole host of rules that govern our behavior in those instances. Cheating (misrepresentation, rule 4.1 and 3.3), Preying (deceptive practices, rule 8.4), and Shoving (fairness to opposing parties and counsel, rule 3.4) are prohibited by the attorney ethics rules...and why not learn about them with a little humor? Join internationally recognized speaker Stuart Teicher, Esq., (the "CLE Performer") as he alerts us to the issues that should concern us when interacting with people who might be at a competitive disadvantage when facing a lawyer.
Stuart I. Teicher
Professor and Lead Educator, Teicher Professional Growth, LLC; Washington, D.C.
5:15-6:15 p.m.
Cocktail Reception
To view the full program brochure, click here
Judicial Chair
Hon. Michelle M. Harner
U.S. Bankruptcy Court (D. Md.); Baltimore
Program Chair
Donald A. Workman
BakerHostetler; Washington, D.C.
Advisory Board
Luke A. Barefoot
Cleary Gottlieb Steen & Hamilton LLP; New York
Paul M. Basta
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Michael L. Bernstein
Arnold & Porter Kaye Scholer LLP; Washington, D.C.
Martin J. Bienenstock
Proskauer; New York
Mark D. Collins
Richards, Layton & Finger, PA; Wilmington, Del.
Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C.; New York
Mary Joanne Dowd
Arent Fox LLP; Washington, D.C.
Cecily A. Dumas
BakerHostetler; San Francisco
Dennis F. Dunne
Milbank LLP; New York
Douglas M. Foley
McGuireWoods LLP; Washington, D.C.
Peter M. Friedman
O’Melveny & Myers LLP; Washington, D.C.
Karen A. Giannelli
Gibbons P.C.; Newark, N.J.
Jay M. Goffman
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Kristin K. Going
McDermott Will & Emery, LLP; New York
Craig Goldblatt
WilmerHale; Washington, D.C.
Jason W. Harbour
Hunton Andrews Kurth LLP; Richmond, Va.
Leslie C. Heilman
Ballard Spahr LLP; Wilmington, Del.
Erika Morabito Henderson
Foley & Lardner LLP; Washington, D.C.
Gary T. Holtzer
Weil, Gotshal & Manges LLP; New York
Thomas M. Horan
Fox Rothschild LLP; Wilmington, Del.
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Shanti M. Katona
Polsinelli PC; Wilmington, Del.
Norman N. Kinel
Squire Patton Boggs (US) LLP; New York
C. Kevin Kobbe
DLA Piper; Baltimore
David R. Kuney, Chair Emeritus
Washington, D.C.
Jeffrey A. Liesemer
Caplin & Drysdale, Chtd.; Washington, D.C.
Lorenzo Marinuzzi
Morrison & Foerster LLP; New York
Richard M. Meth
Roseland, N.J.
Joseph G. Minias
Willkie Farr & Gallagher LLP; New York
Paul M. Nussbaum
Whiteford Taylor Preston, LLP; Baltimore
Kevyn D. Orr
Jones Day; Washington, D.C.
Jeffrey S. Sabin
Venable LLP; New York
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Jeffrey L. Tarkenton
Womble Bond Dickinson LLP; Washington, D.C.
Andrew M. Troop
Pillsbury Winthrop Shaw Pittman LLP; New York
James E. Van Horn
Barnes & Thornburg LLP; Washington, D.C.
Irving E. Walker
Cole Schotz P.C.; Baltimore
Conference Information
Hotel Reservations
We recommend the following hotels within walking distance of the Law Center:
Hyatt Regency Washington on Capitol Hill
400 New Jersey Avenue NW
Washington, DC 20001
202-737-1234 or 800-233-1234
When calling the Hyatt for reservations, please request the Georgetown University volume rate, or use Corporate or Group Code 58549 online.
https://goo.gl/oveidYThe Hotel George
15 E Street NW
Washington, DC 20001
202-347-4200 or 800-546-7866
When booking online, use Corporate ID 100229700 to receive the Georgetown rate.
www.hotelgeorge.comLiaison Capitol Hill DC
415 New Jersey Avenue NW
Washington, DC 20001
(888) 513-7445 (Reservations)
[email protected] (Reservations)
When making reservations, mention the Corporate/Promotion Code GEORGETOWN.Disclaimer
Speakers are subject to change.
Services for People with Special Needs or Dietary Restrictions (and Nursing Mothers)
Call (202) 662-9890 or email [email protected] with your requests.
Lawrence J. Center Scholarship Program
Please submit written requests by 5:00pm on August 30, 2019 to: Scholarship Committee, Georgetown Law CLE, [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by August 30, 2019. No refunds will be made if notice is received after August 30, although substitutions will be allowed. After August 30, upon written request, a coupon for 20% off the registration fee 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.
Program Location
Georgetown University Law Center
Hart Auditorium, First Floor
600 New Jersey Avenue, NW
Washington, DC 20001
IMPORTANT: All visitors to the Law Center must enter through the second floor entrance facing New Jersey Avenue.
Parking Information
Due to the limited amount of parking available, the Georgetown University Law Center cannot provide parking for programs held there. Disabled persons may make arrangements to park at the Law Center by calling (202) 662-9330. We encourage attendees to take Metro or a taxi to the program. Drivers can use the following nearby parking garages:
Union Station Parking Garage
50 Massachusetts Avenue, NE, Washington, DC 20002
(202) 371-9441
Marcparc Parking Garage
601 New Jersey Avenue, NW, Washington, DC 20001
(202) 789-4000
CLE and CPE credit information will be available at tables near the registration area. The tables will include applicable forms for sign-in, sign-out, and certificate requirements. You can also find instructions for each state in the “Education” section of the event app.
Please note that New York attendees must have their CLE certificates signed by a member of our team right before you leave for the day. Attendees from New York, New Jersey, and Delaware should also sign out.
If you have questions about the CLE/CPE credit process, please don’t hesitate to drop by the registration desk.
CLE Credit
Accreditation has been or will be requested for this program from states with mandatory Continuing Legal Education requirements for 6 CLE credits (based on a 60-minute credit hour), including 1.0 hour of Ethics, and 7.2 CLE credits (based on a 50-minute credit hour), including 1.2 hours of Ethics. Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown Law CLE is a State Bar of California-approved MCLE provider. If you have any questions about CLE, please contact Georgetown Law CLE at (202) 662-9890.
CPE Credit
Georgetown Law CLE 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 Avenue North, Suite 700, Nashville, TN, 37219-2417, www.nasba.org.
Course Level
Overview, group live, no prerequisites or advanced preparation required; 7 CPE credits in the Specialized Knowledge and Regulatory Ethics Field of Study Program.
Breakfast Sponsor
Luncheon Sponsor
Refreshment Break Sponsor
Exhibit Hall Sponsor
Sherwood Partners, Inc.
Conference App Sponsor
Gavin/Solmonese LLC
General Sponsors
Arent Fox LLP
Arnold & Porter Kaye Scholer LLP
BakerHostetler
Ballard Spahr LLP
Barnes & Thornburg LLP
Blank Rome LLP
Caplin & Drysdale, Chtd.
Cleary Gottlieb Steen & Hamilton LLP
Cole Schotz P.C.
DLA Piper
Drinker Biddle & Reath LLP
Foley & Lardner LLP
Fox Rothschild LLP
Gibbons P.C.
Hunton Andrews Kurth LLP
Jones Day
McDermott Will & Emery, LLP
Milbank LLP
Morrison & Foerster LLP
O’Melveny & Myers LLP
Otterbourg P.C.
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Pillsbury Winthrop Shaw Pittman LLP
Proskauer
Richards, Layton & Finger, PA
Squire Patton Boggs (US) LLP
Venable LLP
Weil, Gotshal & Manges LLP
Whiteford Taylor Preston LLP
Willkie Farr & Gallagher LLP
WilmerHale
Womble Bond Dickinson (US) LLP2019 Registration Rates
Registration Rates* Early Bird
(by 7/26/19)Regular
(7/27/19-8/30/19)Late
(after 8/30/19)ABI Member$545$595$695Georgetown Law Alumnus$545$595$695ABI Govt./Academic Member$295$345$395Join ABI and Save*$870$920$1,020New ABI Govt./Academic Member*$390$440$490* Includes a one-year ABI membership for first-time members — a $350 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership renewal fee.
Event Information 276375
Thursday, September 5
8:00 a.m.
Optional Event
Golf Tournament at Royal Links Golf Club
3:00-6:00 p.m.
ABI Registration Desk Open
6:00-8:00 p.m.
Opening Reception
Sponsored by Development Specialist, Inc.; KCC and Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.
Bar Sponsored by Fox Rothschild LLP and Kaempfer Crowell
Friday, September 6
7:00 a.m.-5:00 p.m.
ABI Registration Desk Open
7:30-8:00 a.m.
Networking Breakfast
Sponsored by Snell & Wilmer LLP
7:50-8:00 a.m.
Welcome Remarks
8:00-9:30 a.m.
ABI Talks
Provocative Ideas Worth Spreading in the Bankruptcy Community
John W. Lucas, Moderator
Pachulski Stang Ziehl & Jones LLP; San Francisco
Divisive Mergers
Steven D. Jerome
Snell & Wilmer L.L.P.; Phoenix
Retail Bankruptcies: Where We’ve Been and Where We’re Going
Suzzanne Uhland
O'Melveny & Myers LLP; San Francisco
Derivatives in Bankruptcy: The Basics
Natasha Tsiouris
Davis Polk & Wardwell LLP; New York
New UST Fees and Their Potential Impact
Nellwyn Voorhies
Donlin, Recano & Company, Inc.; New York
9:30-9:45 a.m.
Coffee Break
Sponsored by Pachulski Stang Ziehl & Jones LLP
9:45-11:00 a.m.
Concurrent Sessions (3)
Alternative Dispute Resolution Provisions in Bankruptcy
This panel will focus on various forms of alternative dispute resolution, including a discussion of mediation, the benefits of mediation, when mediation is appropriate, determining the best type of mediator for your case and selecting a mediator, and tips for practitioners on the best ways to provide effective mediation presentations and briefings. The panel will also cover the benefits and detriments of arbitration, arbitration strategies, and the enforceability of arbitration provisions in bankruptcy.
Hon. Redfield T. Baum
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Alissa B. Castaneda
Quarles & Brady LLP; Phoenix
Randy Nussbaum
Sacks Tierney P.A.; Scottsdale, Ariz.
Bryce A. Suzuki
Bryan Cave Leighton Paisner LLP; Phoenix
Consumer: Consumer Cases in the Headlines
Alane A. Becket
Becket & Lee LLP; Malvern, Pa.
Cristina Perez Hesano
Bellah Perez, PLLC; Glendale, Ariz.
Michael A. Jones
Allen Barnes & Jones, PLC; Phoenix
Hon. August B. Landis
U.S. Bankruptcy Court (D. Nev.); Las Vegas
Chapter 11 Cases in the Headlines
This panel will discuss several leading bankruptcy cases making the headlines, and some of the issues, decisions and challenges unique to those cases.
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Ogonna M. Brown
Lewis Roca Rothgerber Christie LLP; Las Vegas
Ted A. Dillman
Latham & Watkins LLP; Los Angeles
Bradley D. Pack
Engelman Berger, PC; Phoenix
11:00-11:15 a.m.
Coffee Break
11:15 a.m.-12:30 p.m.
Concurrent Sessions (3)
Third-Party Litigation Financing
This panel will discuss the use of third-party litigation financing in bankruptcy and in litigation and liquidation trust matters, and will address such issues as the different causes of actions and general characteristics of litigation considered, uses for funds and the general structure of financing, ethical issues concerning the funder relationship, and examples of successful uses of litigation financing — as well as things that can go wrong and how to avoid them.
Howard Brod Brownstein
The Brownstein Corp.; Conshohocken, Pa.
Michael A. DiGiacomo
Ballard Spahr LLP; Phoenix
Kenneth Epstein
Bentham IMF; New York
Cathy L. Reece
Fennemore Craig, P.C.; Phoenix
Consumer: Bad Math: Student Loan Challenges, Bankruptcy Alternatives and Discharge
Natalie Ennes
ECMC Group; Minneapolis
Pernell W. McGuire
Davis Miles McGuire Gardner PLLC; Tempe, Ariz.
Hon. Madeleine C. Wanslee
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Michael W. Zimmerman
Berry Riddell LLC; Scottsdale, Ariz.
Evidence, Part I: Overview of the Underbrush
This panel will provide an evidence overview and primer to cover the surface issues and underlying basic evidence considerations practitioners should contemplate for their practices.
Robert M. Charles, Jr.
Lewis Roca Rothgerber Christie LLP; Tucson, Ariz.
Dawn M. Cica
Carlyon Cica Chtd; Las Vegas
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Concord
Samuel A. Schwartz
Brownstein Hyatt Farber Schreck, LLP; Las Vegas
12:30-1:30 p.m.
Lively Luncheon: The $1B Pyramid of Debt
Sponsored by Omni Management Group, Inc.
1:30-2:45 p.m.
Concurrent Sessions (3)
Consumer: Evidence, Part IIA: Consumer Workshop on Evidence
This panel will address up to 15 thorny evidentiary issues that commonly arise in consumer cases. The issues will be presented to a bankruptcy judge by two expert litigators in a variety of pre-trial and trial scenarios.
Stephen E. Berken
Berken Cloyes, PC; Denver
J. Scott Bovitz
Bovitz & Spitzer; Los Angeles
Hon. Daniel P. Collins
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Karen L. Kellett
Kellett & Bartholow PLLC; Dallas
Evidence, Part IIB: Commercial Workshop on Evidence
This panel will address best practices and evidentiary issues regarding the testimony of experts. The issues will be presented in a mock-examination format with audience participation.
Candace C. Carlyon
Clark Hill PLC; Las Vegas
Eric D. Madden
Reid Collins & Tsai LLP; Dallas
Frederick J. Petersen
Mesch Clark Rothschild; Tucson, Ariz.
Hon. David T. Thuma
U.S. Bankruptcy Court (D. N.M.); Albuquerque
Best of the Best and Worst of the Worst: Local Rules We Love and Hate
This lively roundtable discussion will focus on adherence to local rules for purposes of malpractice prevention, civility among litigants’ counsel, professional responsibility, and related ethical considerations for practitioners by undertaking a multi-jurisdictional exploration of some of the most well regarded and most reviled local bankruptcy and district court rules, providing attendees with an opportunity to measure particular rules’ efficacy, practical effects and unintended consequences.
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Jenny L. Doling
Doling Shaw & Hanover, APC; Palm Desert, Calif.
Jordan A. Kroop
Perkins Coie LLP; Phoenix
Lindsi M. Weber
Polsinelli; Phoenix
2:45-3:15 p.m.
Refreshment Break
Sponsored by Proskauer
3:15-4:30 p.m.
Cannabis and Bankruptcy: The Impermissible Contact High
The relaxation of marijuana statutes in many states may present financial opportunities for investors, with high rates of return and better-paying job opportunities for individuals. As with any emerging industry, consolidation and competition will create winners and losers. Whether investors, landlords, trade vendors and employees involved in the cannabis industry can restructure their debts in bankruptcy court, or even participate in a bankruptcy plan, depends on the extent of their connection to the cannabis industry. This panel will explore recent case law on the subject matter and alternative business-restructuring options when bankruptcy is not available, such as receiverships and assignments for the benefit of creditors. The panel will also address relevant consumer bankruptcy issues, including whether an individual employed in the cannabis industry may utilize chapter 13 to formulate and complete a plan.
Hon. Scott C. Clarkson
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
Peter S. Davis
Simon Consulting, LLC; Phoenix
Jason Rosell
Pachulski Stang Ziehl & Jones LLP; San Francisco
Katherine E. Anderson Sanchez
Dickinson Wright PLLC; Phoenix
4:30-5:30 p.m.
Happy Hour
Sponsored by Sonoran Capital Advisors and Stoel Rives LLP
Saturday, September 7
8:00 a.m.-10:15 a.m.
ABI Registration Desk Open
8:30-9:00 a.m.
Networking Breakfast
9:00-10:15 a.m.
Hotcakes and Hot Topics: Judges’ Roundtable Q&A
This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country, who will share their thoughts and perspectives — and take questions from the audience — on topics of current interest in both business and consumer cases.
Andrew A. Harnisch, Moderator
May, Potenza, Baran & Gillespie, P.C.; Phoenix
10:15-10:30 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
John W. Lucas
Pachulski Stang Ziehl & Jones LLP; San Francisco
Sponsorship Chair
Louis M. Bubala, III
Kaempfer Crowell; Reno, Nev.
Advisory Board
Thomas H. Allen
Allen Barnes & Jones, PLC; Phoenix
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Jeffrey Bjork
Latham & Watkins LLP; 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
Ford Elsaesser
Elsaesser Anderson, Chtd.; Sandpoint, Idaho
A. Kyle Everett
Development Specialists, Inc.; San Francisco
Scott D. Fleming
Kolesar & Leatham; Las Vegas
Matt Foster
Sonoran Capital Advisors; Mesa, AZ
Craig S. Ganz
Ballard Spahr LLP; Phoenix
David M. Guess
Bienert Katzman PC; San Clemente, CA
Peter J. Gurfein
Landau Gottfried & Berger LLP; Los Angeles
Sasha M. Gurvitz
Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles
Oren Haker
Stoel Rives LLP; Portland, Ore.
Andrew Hinkelman
FTI Consulting, Inc.; San Francisco
Paul S. Jasper
Rimon, P.C.; San Francisco
Steven D. Jerome
Snell & Wilmer L.L.P.; Phoenix
Cody J. Jess
Schian Walker PLC; Phoenix
Robert Jordan
KCC; New York
Lance N. Jurich
Loeb & Loeb LLP; Los Angeles
Jeannie Kim
Friedman & Springwater LLP; San Francisco
Robert J. Labate
Holland & Knight LLP; San Francisco
Heather A. LaSalle
McGlinchey Stafford PLLC; New Orleans
Eric D. Madden
Reid Collins & Tsai LLP; Dallas
Randy Nussbaum
Sacks Tierney P.A.; Scottsdale, Ariz.
Justin E. Rawlins
Winston & Strawn LLP; Los Angeles
Cathy L. Reece
Fennemore Craig, P.C.; Las Vegas
Jeffrey M. Reisner
Irell & Manella LLP; Los Angeles
Isaac Daniel Rothschild
Mesch, Clark & Rothschild, PC; Tucson, AZ
Thomas J. Salerno
Stinson LLP; Phoenix
Samuel A. Schwartz
Brownstein Hyatt Farber Schreck, LLP; Las Vegas
Summer Shaw
Doling Shaw & Hanover, APC; Palm Desert, CA
Khaled Tarazi
Bryan Cave Leighton Paisner; Phoenix
Nellwyn Voorhies
Donlin, Recano & Company, Inc.; New York
Lindsi M. Weber
Polsinelli; Phoenix
Christopher J. Wells
Alvarez & Marsal; Phoenix
Daniel R. Williams
Fenix Financial Forensics LLC; Scottsdale, Ariz.
John T. Young, Jr.
Conway MacKenzie, Inc.; Houston
Optional Events
Golf Tournament at Royal Links Golf Club
Thursday, September 5, 8:00 a.m.
Missed your invitation to play in the British Open? Don’t worry; you can still play 18 of the best holes from 11 different British Open rotation courses. Conveniently located less than nine miles from the heart of the world-famous Las Vegas Strip, Royal Links is not your typical golf course. Whether you are interested in the history of the game or just want a shot at besting Tiger Woods’s course record of 67 (Feb. 2001), Royal Links is sure to provide you with some great golfing memories. The $190 green fee includes transportation from the Four Seasons, all tournament fees and lunch at the tournament’s conclusion. Please check the appropriate box on the online registration form to play, and indicate your handicap.
Conference Information
Hotel
The Four Seasons Hotel 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 $235 per night. To secure the special rate, reservations must be made directly with the resort by August 13, 2019. 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.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice is received in writing by August 15, 2019. No refunds will be made if notice is received after August 15, although substitutions will be allowed. After August 15, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for the same conference next year.
Continuing Education
7.75 hours of CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 9.3 hours of CLE credit, including 1.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations 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 7.75 hours. 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 credit hours, of which 9 credit hours can be applied toward the professional practice requirement and 1.5 credit hours can be applied toward the ethics professionalism requirement. 9 hours of CPE credit, including 1.5 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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 email to [email protected].
Gold
Conway MacKenzie
Deloitte CRG
East West Bank
FTI Consulting, Inc.
Gray Reed & McGraw LLP
KCC
Perkins Coie LLP
Snell & Wilmer, LLP
Sonoran Capital Advisors
Stoel Rives LLPSilver
Allen Barnes & Jones PLC
Bentham IMF
CR3 Partners, LLC
Engelman Berger, P.C.
Fox Rothschild LLP
Gavin/Solmonese LLC
Grant Thornton
Kaempfer Crowell
Omni Management Group, Inc.
Pachulski Stang Ziehl & Jones LLP
Polsinelli
Proskauer
Reid Collins & Tsai LLP
Rosewood Realty Group
Sherwood Partners, Inc.Bronze
Alvarez & Marsal
Ballard Spahr LLP
Brownstein Hyatt Farber Schreck, LLP
Bryan Cave LLP
Carlyon Cica Chtd.
Development Specialists, Inc.
Elsaesser Anderson Chtd.
Fenix Financial Forensics LLC
Friedman & Springwater LLP
Holland & Knight LLP
Klee Tuchin Bogdanoff & Stern LLP
Latham & Watkins
Lewis Roca Rothgerber, LLP
Loeb & Loeb LLP
May, Potenza, Baran & Gillespie, P.C.
McGlinchey Stafford, PLLC
Mesch Clark & Rothschild
Quarles & Brady LLP
Sacks Tierney PA
Shumaker, Loop & Kendrick, LLP
Winston & Strawn LLPRegistration Rates
Registration Rates Early Bird
(postmarked by 6/28/19)Regular
(6/29/19-8/16/19)Late
(after 8/16/19)ABI Member$645$695$795ABI Govt./Nonprofit Member$345$395$445Join and Save*$970$1,020$1,120New ABI Govt./Nonprofit Member*$440$490$540ON-SITE REGISTRATION FEE
ABI Member$800Join and Save*$1,125* Includes a one-year membership for first-time members only — a $350 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
Opening ReceptionOpening Reception GuestFree$75Golf Tournament at Royal Links$190Happy HourHappy Hour GuestFree$50Event Information 276671
Thursday, November 14
12:00 noon
Registration Opens
12:30-1:30 p.m.
Networking Lunch
1:45-2:00 p.m.
Welcome
Ian Williams
RSM Restructuring Advisory LLP; London
2:00-3:00 p.m.
Helping Foreign Creditors and Investors Navigate French Insolvency Law and Recent Statutory Changes
Anker Sorensen, Moderator
De Gaulle Fleurance & Associés; Paris, France
Fabienne Beuzit
Jones Day; Paris, France
Jean-Dominique Daudier de Cassini
Weil, Gotshal & Manges LLP; Paris, France
Fabienne Goubault
PLM Avocats; Paris, France
Christophe Thévenot
Thévenot & Perdereau Administrateurs Judiciaries; Paris, France
3:00-4:00 p.m.
UNCITRAL Model Law
By the International Insolvency Institute
This session will examine the UNCITRAL Model Law recognition and enforcement of foreign insolvency-related judgments, and will update attendees on the current drafts related to enterprise groups and medium, small and micro-insolvencies.
Evan J. Zucker, Moderator
Blank Rome, LLP; New York, USA
Kathlene M. Burke
Skadden, Arps, Slate, Meagher & Flom LLP; London, UK
Hon. Christopher M. Klein
U.S. Bankruptcy Court (E.D. Calif.); Sacramento, USA
Prof. Avv Antonio Tullio
Tullio & Partners Studio Legale; Modena, Italy
Robert van Galen
NautaDutilh N.V.; Amsterdam, The Netherlands
4:00-4:30 p.m.
Coffee and Tea Break
4:30-5:30 p.m.
US-EU Distressed Investing
Teresa C. Kohl, Moderator
SSG Capital Advisors, LLC; West Conshohocken, Penn., USA
Alban Meteyer
Chiron Financial SAS; Paris, France
Joshua Pichinson
AgencyIP; Santa Clara, Calif., USA
Federica Pietrogrande
Gordon Brothers; London, United Kingdom
Christian A. Saxenhammer
Saxenhammer & Co.; Berlin, Germany
5:30-6:30 p.m.
Brexit Update: A European Perspective
By TMA Europe
Join this session for a lively debate on the implications of where Europe and the United Kingdom will be on the day of the conference in terms of Brexit in this ever-changing landscape. What will be the effects on Europe in terms of trade, the distressed market turnaround and Insolvency? At present, Brexit is the most commonly cited macroeconomic factor likely to drive a European restructuring wave in 2019, but what do Europeans and the U.K. think? As a panel, do we think financial services, manufacturing and automotive are the sectors most likely to be negatively affected?
Rashmi Dubé
Legatus Law; London, United Kingdom
Rubén García-Quismondo
Quabbala Lawyer and Economists; Madrid, Spain
Enrica Maria Ghia
Studio Legale Ghia; Milan, Italy
Alexandre Le Ninivin
Oxynomia Avocats; Paris, France
6:30-7:30 p.m.
International Cocktail Reception
Friday, November 15
8:30 a.m.
Registration and Coffee
9:00-9:30 a.m.
Opening Remarks
Ian Williams
RSM Restructuring Advisory LLP; London
Alane A. Becket
President, ABI
Becket & Lee LLP; Malvern, Pa., USA
Dr. Annerose Tashiro
Vice President-International Affairs, ABI
Schultze & Braun GmbH; Achern, Germany
9:30-10:15 a.m.
Keynote Address
AI, Innovation and the Future
Dr. Rand Hindi
Co-Founder and CEO
Snips; Paris, France
10:15-11:30 a.m.
Diggin’ for Gold: Strategic Tools for Realizing and Monetizing Assets Utilizing Third-Party Funding
by IWIRC
Michelle Pickett, Moderator
PwC; Toronto, Canada
Ingrid Bagby
Cadwalader, Wickersham & Taft LLP; New York, USA
Carmel King
Grant Thornton UK LLP; London, United Kingdom
Naomi Loewith
Bentham IMF; Toronto, Canada
11:30-11:45 a.m.
Coffee and Tea Break
11:45 a.m.-1:00 p.m.
2020 Within Reach: How Are Trade Wars, Elections and Commodities Volatility Affecting Restructurings Around the Globe?
by INSOL
Ronald J. Silverman, Moderator
Hogan Lovells; New York, USA
Roger Elford
Charles Russell Speechlys; London, UK
Craig Martin
DLA Piper; Wilmington, Del., USA
Charlotte Møller
Reed Smith LLP; London, UK
Geoffrey D. Simms
AJ Capital; Jakarta, Indonesia
Vincent Vroom
Loyens and Loeff; Amsterdam, The Netherlands
1:00-2:00 p.m.
Networking Lunch
2:00-3:15 p.m.
The Broad, Developing International Paradigm for Restructuring: The Latest on the American Perspective
The push for more uniform systems allowing for the exchange of restructuring efforts between countries continues unabated. This panel will discuss the last year or two of developing trends in the U.S. as they reflect this growing international paradigm, and will also comment on recent cases and decisions of note covering the international restructuring experience.
William A. Brandt, Jr., Moderator
Development Specialists, Inc.; New York, N.Y., USA
Stephen D. Lerner
Squire Patton Boggs (US) LLP; Cincinnati, Ohio, USA
Elizabeth R. McColm
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York, N.Y., USA
Chief Judge Cecelia G. Morris
U.S. Bankruptcy Court (S.D.N.Y.); New York, N.Y., USA
3:15-3:45 p.m.
Coffee and Tea Break
3:45-5:00 p.m.
Tariff Wars: The Impact on U.S. Businesses and Their Potential Failure
With the actual implementation of tariffs, how have business practices shifted? What is the destruction of value in manufacturing and agriculture? Is there a resolution in sight, or are retailers and others doomed?
Lorie Beers, Moderator
Cowen and Company; New York, USA
Carrianne Basler
AlixPartners LLP; Chicago, USA
Ted Dillman
Latham & Watkins LLP; Los Angeles, USA
Amy Edgy
Linklaters LLP; Washington, DC, USA
Jordan Fisher
Ernst & Young, San Francisco, USA
5:00-5:15 p.m.
Closing Remarks
Ian Williams
RSM Restructuring Advisory LLP; London
5:15-7:00 p.m.
Cocktail Reception
Saturday, November 16
10:00 a.m.
Optional Event: Bicycle Tour Along the Seine
Depart from the hotel and ride to the Seine River for a scenic and educational tour. Follow Paris's winding history and enjoy the most beautiful perspectives that Paris has to offer, while your professional guide highlights the prestigious monuments and multiple treasures along the way. This $95 tour includes bicycle rental, helmet, basket and tour guide.
10:30 a.m.
Optional Event: Wine Tasting
Discover a fine selection of French wines and learn about their regions of origin during a two-hour tasting in a warm and friendly setting. The experience will teach you specific vocabulary, the correct tasting actions and techniques, and how to appreciate the aromas and subtleties of each bottle. The $130 tasting includes transportation to and from the event, sommelier, and wines.
Programme Chair
Ian G. Williams
RSM Restructuring Advisory LLP; London
Programme Co-Chair
Dr. Annerose Tashiro
Vice President-International Affairs, ABI
Schultze & Braun GmbH; Achern, Germany
Optional Events
Wine Tasting
10:30 a.m., November 16 (depart hotel at 10:15 a.m.)
Discover a fine selection of French wines and learn about their regions of origin during a two-hour tasting in a warm and friendly setting. The experience will teach you specific vocabulary, the correct tasting actions and techniques, and how to appreciate the aromas and subtleties of each bottle. The $130 tasting includes transportation to and from the event, sommelier, and wines.
Bicycle Tour Along the Seine
10:00 a.m., November 16
Depart from the hotel and ride to the Seine River for a scenic and educational tour. Follow Paris's winding history and enjoy the most beautiful perspectives that Paris has to offer, while your professional guide highlights the prestigious monuments and multiple treasures along the way. This $95 tour includes bicycle rental, helmet, basket and tour guide.
The University of California, San Diego Sorbonne Winter Symposium
November 12-13
ABI attendees have the option of attending the Tuesday and Wednesday sessions of the University of California, San Diego Sorbonne Winter Symposium. The $250 cost includes:
Tuesday, November 12
8:30 a.m.-12:30 p.m.
Bankruptcy Program
Hon. Daniel Carnio Costa
Judge at First Bankruptcy Court of Sao Paulo
Sao Paulo State Court of Justice; Brazil
Chief Judge Hon. Laura S. Taylor
U.S. Bankruptcy Court (S.D. Cal.); San Diego
Prof. Francois Xavier Lucas
Université Paris, Pantheon Sorbonne; Paris, France
*MCLE Certificates of Attendance will be issued to attendees by the University of California, San Diego.
Wednesday, November 13
10:00 a.m.-noon
Sorbonne University Tour
Noon-1:00 p.m.
Lunch
2:00-4:00 p.m.
Court Visit: Greffe du Tribunal de Commerce
There are a limited number of slots available for ABI attendees. To register for this activity, please contact Carla McEwen at [email protected].
Symposium Information
Hotel
Offering historic charm in central Paris, the InterContinental Paris le Grand provides the perfect place to meet, as well as a central place to stay while in the city. The hotel’s sumptuous rooms and suites have superb views of the world-famous Palais Garnier, home to the esteemed Paris Opera. Culinary delights await at two acclaimed restaurants, Café de la Paix, with its rich cultural history, and La Verrière, set in a beautiful winter garden. ABI has arranged a special conference rate of €405 for a classic or superior single-occupancy room and €445 for a classic or superior double room. Rates include buffet breakfast in the hotel restaurant Café de la Paix. In order to be eligible for the group rate, reservations may be made only once you have registered with ABI. Upon payment of the conference registration fees, you will receive hotel reservation information with your conference confirmation. Make your reservations by October 18, 2019, to reserve the special rate. Rooms are held on a first-come, first-served basis. ABI cannot guarantee any rooms after the specially rated ABI block is filled.
Continuing Education Credit
8.75 hours of CLE credit are pending in states calculating CLE on a 60-minute hour, and 10.5 hours of CLE credit are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations 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 8.75 hours. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 10.5 credit hours, which can be applied toward the professional practice requirement. 10.5 hours of CPE credit are also available.
*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 October 24, 2019 . No refunds will be granted after October 24, but substitutions will be allowed. After October 24, 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.
Symposium Rates
Registration Rates Advance
(by 10/11/19)Regular
(after 10/11/19)ABI Member$595$695New ABI Member*$690$790* Includes a one-year ABI International membership for members outside of North America only.
Event Information 276984
Thursday, October 3
11:00 a.m.
Registration Desk Open
11:45 a.m.-12:00 noon
Welcome
12:00-1:00 p.m.
Frank W. Koger Memorial Luncheon and Lecture
Sponsored by Carmody MacDonald P.C. and Husch Blackwell
ABI Consumer Commission Report
ABI's 250-page Commission Report provides a roadmap for enhancing the fresh start, improving creditor certainty and making chapter 13 work for all stakeholders. Hear what's next from one of the members of the Commission.
Alane A. Becket
Becket & Lee LLP; Malvern, Pa.
1:00-1:10 p.m.
Refreshment Break
1:10-2:15 p.m.
ABI Talks - Bankruptcy Ideas Worth Sharing
Venue Reform
Mark T. Benedict
Husch Blackwell LLP; Kansas City, Mo.
Economic Forecasts
William K. Black
University of Missouri-Kansas City School of Law; Kansas City, Mo.
Sovereign Citizens
Thomas M. Horan
Fox Rothschild LLP; Wilmington, Del.
Marijuana Issues
Mathew A. Petersen
Spencer Fane LLP; Kansas City, Mo.
2:15-3:30 p.m.
Concurrent Breakouts (2)
Mock Dischargeability Hearing
This session offers a valuable-yet-fun look at §523 through a mock adversary trial. Conducted by some of the most experienced bankruptcy litigators in the country, this event will most definitely help sharpen your trial skills.
Michael P. Gaughan
Lewis Rice LLC; Shawnee Mission, Kan.
Hon. Shon Hastings
U.S. Bankruptcy Court (D. N.D.); Fargo, N.D.
Bradley D. McCormack
The Sader Law Firm; Kansas City, Mo.
Ashley B. Garr
First American Title Insurance Company; Leawood, Kan.
Health Care Panel
The panel will discuss the risk of administratively insolvent health care cases, the issues that create such risk, the impact on the various constituencies, and potential ways to mitigate those risks, including the use of cash collateral and availability of post-petition financing. The panel will also address one specific issue that creates the risk of administratively insolvent health care cases: the exercise of the so-called Strumpf administrative freeze by CMS on Medicare reimbursements, which can cut off the lifeline of many health care businesses.
Richard T. Arrowsmith
Alvarez & Marsal; Washington, D.C.
John J. Cruciani
Husch Blackwell LLP; Kansas City, Mo.
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
3:30-3:45 p.m.
Refreshment Break
3:45-5:15 p.m.
Ethically Speaking: Competence and Common Pitfalls in Bankruptcy
Among the many foundations of practicing law is competence. Competency is especially important and hard to achieve in an area of the law as complex as bankruptcy. This session will examine what the Model Rules of Professional Conduct have to say about competence, what we learn about competence in bankruptcy practice from related case law, and how to avoid the pitfalls and mistakes of others.
Elizabeth M. Lally
Goosmann Law Firm; Omaha, Neb.
5:30-7:00 p.m.
Networking Reception
Friday, October 4
7:30-8:00 a.m.
Registration and Breakfast
Sponsored by MorrisAnderson & Associates, Ltd.
8:00-8:15 a.m.
Welcome and Second-Day Announcements
8:15-9:30 a.m.
Case Law Updates From the Bench
This panel of Eighth and Tenth Circuit bankruptcy judges will discuss several recent decisions from the U.S. Supreme Court, the Eighth and Tenth Circuit Courts of Appeals and Bankruptcy Appellate Panels, and elsewhere that are likely to impact on your bankruptcy practice.
Hon. Brian T. Fenimore
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Terrence L. Michael
U.S. Bankruptcy Court (N.D. Okla.); Tulsa
Hon. Kathleen H. Sanberg
U.S. Bankruptcy Court (D. Minn.); Minneapolis
Hon. Kathy A. Surratt-States
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
9:30-9:45 a.m.
Refreshment Break
Sponsored by Thompson Coburn LLP and Williams-Keepers LLC
9:45-10:45 a.m.
Concurrent Breakouts (2)
Hot Topics in Consumer Law
This panel will provide insights on a wide range of topics they and their clients may soon face, including bifurcation of attorneys' fees, addressing the standard for imposing sanctions for violation of the discharge injunction, forcing a creditor to turn over a repossessed vehicle post-petition, and the dischargeability of student loans.
Hon. William H. Brown (ret.)
Carbondale, Colo.
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Tara Twomey
National Consumer Law Center; Carmel, Calif.
Hot Topics in Agriculture Law
This panel will focus on current financial stresses facing farmers and agribusinesses; the business management actions that are necessary to guide the successful restructurings or bankruptcies of farmers; and opportunities to utilize chapters 11 and 12 of the Bankruptcy Code to successfully reorganize or “right-size” farming operations, with an emphasis on dealing with the tax implications.
James Cullen
Steeplechase Advisors, LLC; Minnetonka, Minn.
Joseph Peiffer
AG & Business Legal Strategies; Hiawatha, Iowa
Hon. Thomas L. Saladino
U.S. Bankruptcy Court (D. Neb.); Omaha
Donald Swanson
Koley Jessen; Omaha, Neb.
11:00 a.m.-12:00 noon
Legal Writing: Tips to Make Your Writing Stand Out
In a world of tweets, emojis and acronyms, effective legal writing remains an essential skill. What is good legal writing, and why is it important? Hear about tips and tricks designed to help you write clearly, efficiently and persuasively, despite the complexities of the law.
Hon. Karen Arnold-Burger
Kansas Court of Appeals; Topeka, Kan.
Hon. Cindy Reams Martin
Missouri Court of Appeals (W.D.); Kansas City
12:00-1:15 p.m.
Networking Lunch
Sponsored by Sandberg Phoenix & Von Gontard P.C. and Tittle Advisory Group, Inc.
1:15-2:15 p.m.
Concurrent Breakouts (2)
Trust Issues: Chapter 7 and 13 Trustee Views on Assets, Income and Case Administration
Two chapter 7 trustees and two chapter 13 trustees will examine the differences in trustee statutory powers under each chapter and will explain how they address various issues under each chapter, including preferential transfers, tax refunds and causes of action.
Jill D. Olsen, Moderator
The Olsen Law Firm, LLC; Liberty, Mo.
Diana S. Daugherty
Office of the Standing Chapter 13 Trustee (E.D. Mo.); St. Louis
Kathleen A. Laughlin
Chapter 13 Trustee (D. Neb.); Omaha
Deborah L. Petersen
Petersen Law PLLC; Council Bluffs, Iowa
Janice E. Stanton
Stanton & Redlingshafer, LLC; Kansas City, Mo.
What Not to Put in a Chapter 11 Plan
This panel will address matters regarding third-party release provisions and injunction provisions, and how to tailor these provisions in chapter 11 plans for confirmation. The panelists also will review current cases involving third-party releases in chapter 11, and will discuss issues with what to include and what not to put in “lockdown agreements,” as well as such related issues as gerrymandering, sales transactions and other chapter 11 plan concerns.
Marcus Helt
Foley Gardere; Dallas
Brent King
GlassRatner Advisory & Capital Group LLC; Lenexa, Kan.
Robert T. Kugler
Stinson LLP; Minneapolis
Hon. Anita L. Shodeen
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
2:15-2:30 p.m.
Refreshment Break
Sponsored by Thompson Coburn LLP and Williams-Keepers LLC
2:30-4:00 p.m.
Professional Fees: How to Get Paid Ethically
This panel will discuss fee guidelines for attorneys in larger chapter 11 cases, as well as issues with getting paid in consumer cases, including fee-bifurcation, bankruptcy billing and fee-only chapter 13 cases.
Mark Craige
Crowe & Dunlevy, PC; Tulsa, Okla.
Daniel F. Dooley
MorrisAnderson; Chicago
Hon. Charles “Sketch” Rendlen
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Jordan Sickman
Office of the U.S. Trustee; Wichita, Kan.
4:00 p.m.
Adjourn
Chairs
Hon. Dennis R. Dow, Judicial Chair
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Jill D. Olsen
The Olsen Law Firm, LLC; Liberty, Mo.
Paul D. Sinclair
Sandberg Phoenix & von Gontard P.C.; Kansas City, Mo.
Advisory Board
Mark T. Benedict
Husch Blackwell LLP; Kansas City, Mo.
Mark V. Bossi
Thompson Coburn LLP; St. Louis
Andrea Chase
Spencer Fane LLP; Kansas City, Mo.
John T. Coghlan
Kutak Rock LLP; Kansas City, Mo.
John J. Cruciani
Husch Blackwell LLP; Kansas City, Mo.
Daniel F. Dooley
MorrisAnderson; Chicago
Karie L. Fahrenholz
W.H. Griffin, Chapter 13 Trustee; Roeland Park, Kan.
Hon. Brian T. Fenimore
U.S. Bankruptcy Court (W.D. Mo.); Kansas City, Mo.
Rachel L. Foley
Foley Law, P.C.; Independence, Mo.
W. Thomas Gilman
Hinkle Law Firm LLC; Wichita, Kan.
David L. Going
Armstrong Teasdale LLP; St. Louis
Robert A. Hammeke
Dentons; Kansas City, Mo.
Brian M. Holland
Lathrop Gage LLP; Kansas City, Mo.
Eric L. Johnson
Spencer Fane LLP; Kansas City, Mo.
Elizabeth M. Lally
Goosmann Law Firm; Omaha, Neb.
Michelle M. Masoner
Bryan Cave Leighton Paisner LLP; Kansas City, Mo.
Mark Moedritzer
Shook, Hardy & Bacon L.L.P.; Kansas City, Mo.
Andrew J. Nazar
Polsinelli PC; Kansas City, Mo.
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Gary A. Norton
Farm Credit Services of America; Omaha, Neb.
Nicolette L. Robovsky
Pletz and Reed, P.C.; Jefferson City, Mo.
Christine L. Schlomann
Armstrong Teasdale LLP; Kansas City, Mo.
Wesley F. Smith
Stevens & Brand LLP; Lawrence, Kan.
Sharon L. Stolte
Sandberg Phoenix & von Gontard P.C.; Kansas City, Mo.
Bruce E. Strauss
Merrick, Baker & Strauss, PC; Kansas City, Mo.
Meredyth A. Vick
Vick Law Firm, LLC; Kansas City, Mo.
Sherri L. Wattenbarger
Federal Government Employee; Kansas City, Mo.
Victor F. Weber
Merrick, Baker & Strauss, P.C.; Kansas City, Mo.
Ronald S. Weiss
Berman DeLeve Kuchan & Chapman, LLC; Kansas City, Mo.
Abigail B. Willie
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
T. Randall Wright
Baird Holm LLP; Omaha, Neb.
Nicholas T. Zluticky
Stinson LLP; Kansas City, Mo.
Conference Information
Location
The Midwestern Bankruptcy Institute will be held at the University of Missouri – Kansas City.
University of Missouri - Kansas City Volker Campus
Atterbury Student Success Center - Pierson Auditorium
5000 Holmes
Kansas City, Missouri 64110Hotel Accommodations
ABI has arranged a special conference rate at The Raphael Hotel, Autograph Collection and the Kansas City Marriott Country Club Plaza. Please make your reservations by September 4, 2019, to secure this special rate. ABI cannot guarantee anyone a room after the September 4 cut-off date or after the specially rated ABI block has been filled. You will receive a special room reservation link after you have registered for the program with ABI. The hotel blocks will sell out. Please make your reservations accordingly.
The Raphael Hotel, Autograph Collection
325 Ward Parkway
Kansas City, MO, 64112
Room Rate: $189/nightKansas City Marriott Country Club Plaza
4445 Main Street
Kansas City, MO 64111
Room Rate: $179
*Shuttle from Hotel to UMKC available, setup through the Hotel.Ground/Air Transportation
Air: The University of Missouri - Kansas City is approximately 25 miles from Kansas City International Airport (MCI).
Ground: Courtesy phones for taxi service are located both inside and outside the terminal at each bag claim area and at other strategic locations outside the terminal exits. Make sure that you give the dispatcher your exact location.
Local Information
For information about Kansas City restaurants, shopping, attractions, etc., go to the Visit Kansas City website at www.visitkc.com.
Continuing Education
This program is approved for 12.7 hours of CLE credit in Missouri, including 3.6 hours of ethics and professionalism. 12 hours of CLE credit including 3 hours of ethics is pending for Kansas. 12.9 hours of general CLE credit, including 3.5 hours of ethics, are pending in 50-minute-hour states, and 10.75 hours of general CLE credit, including 3 hours of ethics, are pending in states calculating CLE on a 60-minute hour. Credit hours granted are subject to each state's CLE credit-approval regulations 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 10.75 hours, of which 3 hours will apply to ethics. New York 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 12.5 credit hours, of which 9.5 credit hours can be applied toward the professional practice requirement and 3 credit hours can be applied toward the ethics requirement. 12 hours of CPE credit, including 1 hour 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. 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. 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. 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 more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 12, 2019. No refunds will be granted after September 12, but substitutions will be allowed. After September 12, 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.
Conference Rates
Registration Rates Early
(by 8/9/19)Regular
(8/10/19- 9/13/19)Late
(after 9/13/19)Business Track: ABI Member$355$410$455Business Track: Join and Save*$680$735$780Consumer Track: ABI Member$265$290$325Consumer Track: Join and Save*$415$440$475* Includes a one-year ABI membership for first-time members — a $350 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.
Exhibitor Rates
ABI Member Exhibitor Registration**$1,000New ABI Member Exhibitor Registration***$1,325Additional Booth Representative$500** 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 (a $350 value).
Event Information 277291
Thursday, October 17
8:00 a.m.
Registration & Breakfast
9:00-9:15 a.m.
Welcome Remarks
9:15-10:30 a.m.
Plenary Session
Ask the Judges
Prof. Bruce Grohsgal, Moderator
Widener University Delaware Law School; Wilmington
Hon. John Dorsey
U.S. Bankruptcy Court (D. Del.); Wilmington, Del.
Hon. Kevin Gross
U.S. Bankruptcy Court (D. Del.); Wilmington, Del.
Hon. Karen Owens
U.S. Bankruptcy Court (D. Del.); Wilmington, Del.
Hon. Brendan Shannon
U.S. Bankruptcy Court (D. Del.); Wilmington, Del.
Hon. Laurie Selber Silverstein
U.S. Bankruptcy Court (D. Del.); Wilmington, Del.
Hon. Christopher Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington, Del.
Hon. Mary Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington, Del.
10:30-10:45 a.m.
Refreshment Break
10:45-12:00 noon
Plenary Session
Preparing for an Appeal: How to Prepare at the Trial Level to Ensure a Successful Bankruptcy Appeal
Appeal granted; decision reversed. This panel will offer practical advice and best practices and strategies related to preserving, presenting and winning bankruptcy appeals. The panelists will also discuss some of the most demanding legal and subject-matter challenges confronting appellants as they seek to reverse unfavorable bankruptcy court rulings.
Mike R. Lastowski, Moderator
Duane Morris LLP; Wilmington
Hon. Richard Andrews
U.S. District Court (D. Del.); Wilmington
Hon. Marjorie O. Rendell
U.S. Court of Appeals (3d Cir.); Philadelphia
Roger G. Schwartz
King & Spalding LLP; New York
Hon. Collins J. Seitz, Jr.
Delaware Supreme Court; Wilmington
12:00-12:30 p.m.
Lunch
12:30-1:30 p.m.
Plenary Session
Secrets of the Bench Revealed
Hon. Kevin J. Carey (ret.)
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Michelle M. Harner
U.S. Bankruptcy Court (D. Md.); Baltimore
1:30-1:45 p.m.
Networking Break
1:45-2:45 p.m.
Concurrent Sessions (3)
Young Lawyers Track: How to Prepare for Oral Argument and How to Seek Out Opportunities for the Same
The panelists will provide a practical checklist for preparing — and delivering — effective oral arguments, and will explore which strategies have worked best for them throughout the years, highlight pitfalls to avoid, and provide valuable reminders to practitioners at all levels of experience. Finally, the panelists will respond to questions and offer strategies to help young lawyers seek (and obtain) oral argument opportunities.
Justin R. Alberto, Moderator
Bayard, P.A.; Wilmington
Kathleen M. LaManna
Shipman & Goodwin LLP; Hartford, Conn.
Oscar N. Pinkas
Dentons; New York
Rachael Ringer
Kramer Levin Naftalis & Frankel LLP; New York
Hon. Laurie Selber Silverstein
U.S. Bankruptcy Court (D. Del.); Wilmington
Seth Van Aalten
Cooley LLP; New York
Experienced Practitioners Track: Chapter 15
This panel will take an in-depth look at chapter 15, focusing on the Judicial Insolvency Network's cross-border guidelines, as well as guidelines for communication and cooperation between courts in cross-border insolvency matters, and modalities of court-to-court communication.
Craig Martin, Moderator
DLA Piper; Wilmington
Robin Chiu
Goldin Associates, LLC; New York
Lynn P. Harrison, III
Curtis, Mallet-Prevost, Colt & Mosle LLP; New York
Margot MacInnis
Grant Thornton LLP; Grand Cayman
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
Ethics Track: Best Practices for Stress Management and Time Management in Restructuring
Matthew P. Ward, Moderator
Womble Bond Dickinson (US) LLP; Wilmington
Mark Greenberg
Alvarez & Marsal; New York
James Hanley
U.S. Bank; Wilmington
Carol P. Waldhauser
Delaware Lawyers Assistance Program; Wilmington
Hon. Mary F. Walrath
U.S. Bankruptcy Court (D. Del.); Wilmington
Robert A. Weber
Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington
2:45-3:00 p.m.
Networking Break
3:00-4:00 p.m.
Concurrent Sessions (3)
Young Lawyers Track: Getting Engaged and Getting Paid
This panel will discuss the intricacies of getting retained as a professional in large chapter 11 bankruptcy cases, including handling disclosures and conflict issues that might arise. In addition, the panel will delve into the nuances of filing fee applications and avoiding pitfalls under the Jay Alix Protocol and Large Fee Case Guidelines.
Christopher A. Ward, Moderator
Polsinelli PC; Wilmington
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Hon. John T. Dorsey
U.S. Bankruptcy Court (D. Del.); Wilmington
Jennifer Marines
Morrison & Foerster LLP; New York
Kathryn McGlynn
AlixPartners LLP; New York
Thomas Patrick Tinker
Office of the U.S. Trustee; Wilmington, Del.
Experienced Practitioners Track: Hot Topics and Trends in Chapter 11 Plans
Regina Stango Kelbon, Moderator
Blank Rome LLP; Wilmington
Jessica Boelter
Sidley Austin LLP; New York
Kelly DiBlasi
Weil, Gotshal & Manges LLP; New York
Hon. Karen B. Owens
U.S. Bankruptcy Court (D. Del.); Wilmington
Brian Trust
Mayer Brown LLP; New York
Ethics Track: Dealing with Difficult Clients and Counsel
Kurt F. Gwynne, Moderator
Reed Smith LLP; Wilmington
Evan R. Fleck
Milbank LLP; New York
Julia Frost-Davies
Morgan, Lewis & Bockius LLP; Boston
Hon. Kevin Gross
U.S. Bankruptcy Court (D. Del.); Wilmington
4:00-4:15 p.m.
Networking Break
4:15-5:15 p.m.
Plenary Session
Fireside Chat
Hon. Brendan L. Shannon, Moderator
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. John T. Dorsey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. Karen B. Owens
U.S. Bankruptcy Court (D. Del.); Wilmington
5:15-6:45 p.m.
Networking Reception
Judicial Chair
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington
Chairs
Joseph M. Barry
Young Conaway Stargatt & Taylor, LLP; Wilmington
L. Katherine Good
Potter Anderson & Corroon LLP; Wilmington
Jeffrey R. Waxman
Morris James LLP; Wilmington
Conference Information
Hotel
Located in the heart of downtown Wilmington, Del., the luxurious Hotel du Pont offers guests comfort and the latest technology set within Wilmington’s financial and legal district. Conveniently located just two hours from New York and Washington, D.C., 60 minutes from Baltimore and 25 minutes from Philadelphia International Airport, the historic Hotel du Pont is a well-known retreat in the Mid-Atlantic corridor. ABI has arranged a special conference rate of $249 per night. Reservations must be made directly with the hotel by September 25, 2019, to secure the special rate. When calling the hotel, be sure to mention the American Bankruptcy Institute. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the September 25 cut-off or after the specially rated ABI block has been filled. The hotel may sell out, so please make your reservations accordingly.
Continuing Education Credit
6.5 hours of CLE credit, including 2 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 7.8 hours of CLE credit, including 2.4 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations 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 6.75 hours, including 2 hours of 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 8 credit hours, of which 7 credit hours can be applied toward the professional practice requirement and 2 credit hours can be applied toward the ethics professionalism requirement. 8 hours of CPE credit, including 2 hours of ethics, are also available.
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. 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 more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 26, 2019. No refunds will be granted after September 26, but substitutions will be allowed. After September 26, 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.
Conference Rates
Registration Rates Early
(by 8/23/19)Regular
(8/24/19-9/27/19)Late
(After 9/27/19)ABI Member$425$450$495DSBA Member$425$450$495Join ABI and Save*$750$775$820Govt./Nonprofit/Aca. ABI or DSBA Member$225$250$295New Govt./Nonprofit/Aca. ABI Member*$320$345$390* Includes a one-year ABI membership for first-time members — a $350 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.
Exhibitor Rates
ABI Member Exhibitor Registration**$1,000New ABI Member Exhibitor Registration***$1,350Additional 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; you must be an ABI member to attend. Membership is individual and nonrefundable.
Note: All exhibitor rates include the breakfast and all refreshment breaks.
The ABI Endowment Fund will host a reception for the restructuring community to honor the service of retiring bankruptcy judge Kevin J. Carey.
Judge Carey will share his thoughts on a career on the bench and views of the state of today’s bankruptcy practice. A reception with cocktails and hors d’oeuvres follows.Location:
OFFICES OF YOUNG CONAWAY STARGATT & TAYLOR, LLP
Rodney Square, 1000 North King Street, Wilmington, DE 19801Date & Time:
October 16, 2019
5:30 - 7:00 p.m.For more information on the reception please click HERE.
Event Information 277351
Monday, November 11
7:30-8:30 a.m.
Continental Breakfast and Registration
8:30-8:45 a.m.
Welcoming Remarks
Hon. Mark A. Randon
U.S. Bankruptcy Court (E.D. Mich.); Detroit
8:45-10:15 a.m.
Opening Plenary Session
ABI’s Commission on Consumer Bankruptcy
Alane A. Becket
Becket & Lee LLP; Malvern, Pa.
Ariane Holtschlag
The Law Office of William J. Factor, Ltd.; Chicago, Ill.
Richardo I. Kilpatrick
Kilpatrick & Associates, P.C.; Auburn Hills, Mich.
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
10:15-10:30 a.m.
Refreshment Break
10:30-11:45 a.m.
Concurrent Sessions (3)
Mental Health Issues
Financial difficulties, especially bankruptcy, are among the most traumatic events an individual can experience. This session will focus on some of the mental health issues that can arise when advising clients with financial difficulties, and in filing and going through bankruptcy. How do mental health issues influence consumer credit choices? What resources are available for you to refer to your clients to help them cope with financial difficulties and bankruptcy? How do mental health issues impact a debtor’s ability to obtain a discharge of student loans? What legal standing must be shown to take action on behalf of a mentally ill individual who is either filing a bankruptcy case or is a debtor in a pending case? What are the best practices for interacting with debtors who have mental health issues?
Chief Judge Scott W. Dales
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Dr. Barika M. Butler
Detroit Wayne Mental Health Authority; Detroit
Erika D. Hart
Taunt Law Firm; Birmingham, Mich.
Hon. Terrance A. Keith
Wayne County Probate Court; Detroit
Dealing with Co-Owners of Bankruptcy Estate Property
Many bankruptcy cases have property that is partly owned by the debtor and partly owned by a nondebtor. This session will address some of the issues that can arise for debtors, creditors and trustees in these circumstances. Can a chapter 7 trustee administer property that is co-owned by a nondebtor? Under what circumstances can such property be partitioned? What steps can a nondebtor co-owner take to protect his or her interest in estate property? What about equitable title vs. legal title? What rights does the nonfiling co-debtor have? When does the co-debtor stay apply? How does having parents on property/bank accounts impact the debtor and the bankruptcy estate?
Chief Judge Phillip J. Shefferly
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Charles D. Bullock
Stevenson & Bullock PLC; Southfield, Mich.
Kimberly R. Clayson
Clayson, Schneider Miller; Detroit
Tricia S. Terry
Marrs & Terry, PLLC; Ann Arbor, Mich.
Bankruptcy and State Law: Like Oil and Water?
This session will focus on the interplay between bankruptcy law and state law. How is a bankruptcy case impacted? How is a state court matter impacted? How do you handle matters that involve other areas of the law? How does a divorce, probate or condo issue affect the bankruptcy case? How and when do you retain nonbankruptcy professionals to assist with state law matters? How do you address pre-petition or post-petition Code violations from a municipality? If the potential client (pre-filing) becomes incapacitated, can that incapacitated individual file bankruptcy? If the debtor is unable to testify at his or her § 341 meeting, can someone else testify for them? When can budget and credit counseling and personal financial management courses be excused?
Hon. Maria L. Oxholm
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Brett A. Border
The Law Office of Brett Border, PLLC; Southfield, Mich.
Melissa D. Francis
Zelmanski, Danner & Fioritto, PLLC; Plymouth, Mich.
Andrew C. Thompson
Poznak Dyer Kanar Schefsky Thompson PLC; Midland, Mich.
11:45 a.m.-12:45 p.m.
Veterans Day Tribute and Networking Luncheon
12:50-2:00 p.m.
Concurrent Sessions (3)
Legislative Update: Student Loans, Small Business Bankruptcy Bill and More
This session will focus on pending legislation that may affect your practice, and on ABI’s latest recommendations regarding personal bankruptcies. What are the latest developments and strategies to address student loans? Is a legislative fix for the student loan crisis really in the works (H.R. 2366)? What would the small business bankruptcy bill do, and where does it stand? Will veterans' benefits become exempt from means testing? The session will also cover other notable legislative actions, as well as the key takeaways from the Final Report of the ABI Commission on Consumer Bankruptcy.
Hon. Daniel S. Opperman
U.S. Bankruptcy Court (E.D. Mich.); Bay City
Leo Foley
Bankruptcy Law Office; Flint, Mich.
Caralyce M. Lassner
Caralyce M. Lassner, JD; Rochester, Mich.
Charissa Potts
Freedom Law, PC; Grosse Pointe Park, Mich.
A Deep Dive on Important Bankruptcy Cases
This session will draw upon the immense popularity of the annual Case Law Update session, focusing on a handful of important bankruptcy cases that are sure to affect your consumer practice.
Hon. Jessica E. Price Smith
U.S. Bankruptcy Court (N.D. Ohio); Cleveland
Hon. Joel D. Applebaum
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Paul R. Hage
Jaffe Raitt Heuer & Weiss; Southfield, Mich.
Messy Chapter 7s
Most individual chapter 7s proceed seamlessly from petition to discharge, but an effective practitioner must be able to identify and manage those difficult cases where obstacles to discharge abound. How do you identify chapter 7s with potential problems (debtors with businesses, searching public records for assets and transfers, requesting and reviewing documents in advance of filing, effective communication, etc.)? The session will also discuss how to manage chapter 7s that go sideways (staying on top of trustee document-production requests, 2004 exams, objections to discharge, and negotiating effectively with the trustee), how to get paid (supplemental 2016(b) statements, new retainers and retention agreements, what’s covered by the original retainer agreement), and when and how to get out (declining to file messy cases to avoid consequences for you (malpractice) or your client), as well as withdrawing for lack of post-petition payment for new work or client cooperation.
Hon. Thomas J. Tucker
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Michael G. Ardelean
Ardelean & Dunne, PLLC; Southfield, Mich.
Tracy M. Clark
Steinberg Shapiro & Clark; Southfield, Mich.
Scott M. Kwiatkowski
Goldstein Bershad & Fried, PC; Southfield, Mich.
2:00-2:10 p.m.
Break
2:10-3:20 p.m.
Concurrent Sessions (3)
State vs. Federal Exemptions
Michigan residents have the option of choosing either the state or federal exemptions, but the choice sometimes requires careful consideration. What are the differences between the state and federal exemptions? How do they impact the debtor? How do you determine which set of exemptions is the best option for your client? After a selection has been made, can you change your mind? How late is too late to amend exemptions? What are the best practices for handling objections to exemptions? How do you value property in rising markets? How does Law v. Siegel and its progeny affect your ethical obligations in advising clients about exemptions?
Hon. Mark A. Randon
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Michelle H. Bass
Wolfson Bolton PLLC; Troy, Mich.
Thomas R. Morris
Silverman & Morris, P.L.L.C.; Farmington Hills, Mich.
Brian Small
Thav Gross PC; Bingham Falls, Mich.
Custodians of Estate Property
Recovering estate property isn’t always as straightforward as directing the debtor to turn over property. This session will focus on situations where a nonbankrupt party (receiver, agent, court officer or assignee) has possession of property of the debtor/estate. How does the Bankruptcy Code define a “custodian," and what rights and responsibilities do custodians have? What rights do the debtor and trustee have? Can the custodian maintain possession of the property, and under what circumstances? Are custodians entitled to any fees/costs, statutory or otherwise, for maintaining possession of the property? Do creditors have to assist in getting the property back from the custodian? If the custodian gives up possession of the property, does it go to the debtor or the trustee?
Hon. John T. Gregg
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
David Findling
The Findling Law Firm, PLC; Royal Oak, Mich.
Wendy Turner Lewis
Law Offices of Wendy Turner Lewis PLLC; Detroit
Charles J. Schneider
Charles J. Schneider PC; Livonia, Mich.
What Would You Do? Ethics in Bankruptcy Practice: Avoiding Problems — and Malpractice
This interactive session will feature fact patterns and scenarios designed to engage the audience with real-world issues that illustrate ethical problems faced by bankruptcy professionals. The session will focus on identifying and resolving these issues before you find yourself in hot water.
Hon. Mary Ann Whipple
U.S. Bankruptcy Court (N.D. Ohio); Toledo
David A. Lerner
Plunkett Cooney, PC; Bloomfield Hills, Mich.
Hon. Steven W. Rhodes (ret.)
JAMS; Ann Arbor, Mich.
Julie B. Teicher
Maddin, Hauser, Roth & Heller P.C.; Southfield, Mich.
3:20-3:35 p.m.
Refreshment Break
3:35-5:15 p.m.
Closing Plenary Session
Annual Case Law Update
The most popular session each year, this annual favorite will cover all recent bankruptcy law decisions and current consumer bankruptcy law issues. This session is a must-attend for professionals to stay current on consumer bankruptcy law issues.
Hon. James W. Boyd
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Thomas D. DeCarlo
Office of the Chapter 13 Trustee; Detroit
Laura J. Genovich
Foster Swift Collins & Smith PC; Grand Rapids, Mich.
5:15-6:15 p.m.
Networking Reception
Judicial Chair
Hon. Mark A. Randon
U.S. Bankruptcy Court (E.D. Mich.); Detroit
Conference Chair
Michael P. Hogan
Schneiderman & Sherman, P.C.; Farmington Hills, Mich.
Planning Committee
Ryan J. Byrd
Orlans PC; Northville, Mich.
Melissa A. Caouette
Office of Carl L. Bekofske, Chapter 13 Trustee; Flint, Mich.
Kimberly R. Clayson
Clayson Schneider Miller; Detroit
Thomas D. DeCarlo
Office of the Chapter 13 Trustee; Southfield, Mich.
Ethan Dunn
Maxwell Dunn PLC; Southfield, Mich.
Rozanne M. Giunta
Warner Norcross + Judd LLP; Midland, Mich.
Erika D. Hart
Taunt Law Firm; Birmingham, Mich.
Caralyce M. Lassner
Caralyce M. Lassner, JD; Rochester, Mich.
Garik Osipyants
Thav Gross PC; Bingham Farms, Mich.
Charles J. Schneider
Charles J. Schneider PC; Livonia, Mich.
Craig S. Schoenherr, Sr.
O’Reilly Rancilio P.C.; Sterling Heights, Mich.
Marilyn R. Somers-Kantzer
Office of the Chapter 13 Standing Trustee; Detroit
Michael A. Stevenson
Stevenson & Bullock PLC; Southfield, Mich.
Conference Information
Hotel
The Somerset Inn, our host hotel, is located in the heart of Troy’s business and financial district, next to The Somerset Collection and in close proximity to many restaurants. ABI has reserved a block of rooms at the special conference rates of $109 for a Tower Room and $134 for an Executive Room. To secure these special rates, reservations must be made by October 24, 2019. Reservations are limited, and rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the October 24 cutoff or after the specially rated ABI block has been filled.
Continuing Education Credit
6.75 hours of CLE credit, including 1 hour of ethics, are pending in states calculating CLE on a 60-minute hour, and 8.1 hours of CLE credit, including 1.4 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations 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 6.75 hours, including 1 hour of 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 8 credit hours, of which 8 credit hours can be applied toward the professional practice requirement and 1 credit hour can be applied toward the ethics professionalism requirement. 8 hours of CPE credit, including 1 hour 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
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. Financial assistance is available for this program; all applications for financial assistance must be submitted by September 22, 2019. 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, ABI may allow the individual to work at the 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. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or send an email to [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by October 21, 2019. No refunds will be granted after October 21, but substitutions will be allowed. After October 21, 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.
Supporting Sponsors
Exhibitors
For sponsorship and exhibiting opportunities, please contact Bethany Spencer at [email protected].
2019 Conference Rates
Registration Rates Advance
(by 8/30/19)Regular
(after 8/30/19)ABI or CBA Member$250$295ABI Gov’t./Academic/Nonprofit Member$250$295Join and Save*$400$445New Govt./Academic/Nonprofit ABI Member* $320 $390 Exhibitor Rates
ABI Member Exhibitor**$1,000New ABI Member Exhibitor***$1,350* Includes a one-year ABI membership for first-time members — a $350 value! Expired members should select the member rate and add in the membership-renewal fee. You must be an ABI or CBA member to attend the conference.
** 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.
Event Information 277628
Monday, October 14
8:00-8:30 a.m.
Continental Breakfast and Registration
Sponsored by The Law Office of William J. Factor, Ltd
8:25-8:30 a.m.
Welcome Remarks
8:30-9:45 a.m.
Seventh Circuit Case Law Update
Nathan E. Curtis, Moderator
Geraci Law L.L.C.; Chicago
Virginia E. George
Steinhilber Swanson LLP; Oshkosh, Wis.
Hon. Andrea K. McCord
U.S. Bankruptcy Court (S.D. Ind.); Bedford
9:45-9:50 a.m.
Break
Sponsored by Fox Rothschild LLP
9:50-11:05 a.m.
Bankruptcy Appeals
Michael Miller, Moderator
The Semrad Law Firm, LLC; Chicago
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. A. Benjamin Goldgar
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Catherine L. Steege
Jenner & Block LLP; Chicago
11:05-11:10 a.m.
Break
Sponsored by Fox Rothschild LLP
11:10 a.m.-12:10 p.m.
Concurrent Sessions (2)
Technology-Related Ethical Issues
Hon. Beth E. Hanan
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
David P. Leibowitz
Lakelaw; Waukegan, Ill.
Thomas P. O’Hern
ICF International, Inc.; Fairfax, Va.
Savings in a Chapter 13
Hon. Eugene R. Wedoff (ret.), Moderator
Oak Park, Ill.
John M. Hauber
Office of the Chapter 13 Standing Trustee; Indianapolis
John W. Menn
Steinhilber Swanson LLP; Oshkosh, Wis.
12:10-12:30 p.m.
Grab-n-Go Lunch
Sponsored by The Semrad Law Firm
12:30-1:45 p.m.
Plenary Session
Update from the ABI Commission on Consumer Bankruptcy
Ronald R. Peterson, Moderator
Jenner & Block; Chicago
Ariane Holtschlag
The Law Office of William J. Factor, Ltd.; Chicago
Prof. Robert M. Lawless
University of Illinois College of Law; Champaign, Ill.
1:45-2:00 p.m.
Refreshment Break
2:00-3:00 p.m.
Repeat Concurrent Sessions (2)
Technology-Related Ethical Issues
Savings in a Chapter 13
3:00-3:15 p.m.
Refreshment Break
Sponsored by Heavner, Beyers & Mihlar, LLC
3:15-4:30 p.m.
The Good, the Bad and the Ugly: Coverage Counsel at § 341 Meetings
Hon. Mary P. Gorman, Moderator
U.S. Bankruptcy Court (C.D. Ill.); Springfield
Nathan E. Delman
Horwood, Marcus & Berk, Chartered; Chicago
M. Gretchen Silver
Office of the U.S. Trustee; Chicago
4:30 p.m.
Adjourn
Judicial Chair
Hon. Beth E. Hanan
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Program Chairs
Nathan E. Delman
Horwood Marcus & Berk Chartered; Chicago
Heather Giannino
Heavner, Beyers & Mihlar, LLC; Decatur, Ill.
Planning Committee
Hon. Janet S. Baer
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Michael C. Burr
Borges and Wu, LLC; Chicago
Hon. James M. Carr
U.S. Bankruptcy Court (S.D. Ind.); Indianapolis
Hon. Donald R. Cassling
U.S. Bankruptcy Court (N.D. Ill.); Chicago
A. Stewart Chapman
Office of the Chapter 13 Trustee; Chicago
Nathan E. Curtis
Geraci Law L.L.C.; Chicago
Hon. Catherine J. Furay
U.S. Bankruptcy Court (W.D. Wis.); Eau Claire
Rebecca R. Garcia
Office of the Chapter 13 Trustee; Oshkosh, Wis.
Hon. Mary P. Gorman
U.S. Bankruptcy Court (C.D. Ill.); Springfield
E. Philip Groben
Gensburg Calandriello & Kanter, P.C.; Chicago
John M. Hauber
Office of the Chapter 13 Standing Trustee; Indianapolis
David P. Leibowitz
Lakelaw; Waukegan, Ill.
Hon. Thomas M. Lynch
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Berton J. Maley
Codilis & Associates, P.C.; Burr Ridge, Ill.
Michael Miller
The Semrad Law Firm, LLC; Chicago
Elizabeth Peterson
FactorLaw; Chicago
Ronald R. Peterson
Jenner & Block; Chicago
Brian L. Shaw
Fox Rothschild LLP; Chicago
M. Gretchen Silver
Office of the U.S. Trustee; Chicago
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
Barbara L. Yong
Golan Christie Taglia LLP; Chicago
Mark S. Zuckerberg
Bankruptcy Law Office of Mark S. Zuckerberg, P.C.; Indianapolis
Conference Information
Location
The conference will be held at the Jenner & Block Conference Center, located at 353 N. Clark Street, Chicago, IL 60654.
Continuing Education Credit*
7.5 hours of general CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 9 hours of CLE credit, including 1.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations 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 7.5 hours, of which 1.25 hours will apply to ethics. New York 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 credit hours, of which 7.5 credit hours can be applied toward the professional practice requirement, and 1.5 credit hours can be applied toward the ethics requirement. 9 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. For more information regarding administrative policies such as complaints and refunds, please contact the American Bankruptcy Institute at (703) 739-0800.
Financial Hardship
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 with a reduced fee structure upon request and demonstration of need. Persons in need of a registration discount must complete the ABI financial assistance application. For persons unable to pay a reduced rate, ABI may allow the individual to work at the 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. Financial assistance is available for this program. 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 more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 September 23, 2019. No refunds will be granted after September 23, but substitutions will be allowed. After September 23, 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.
Sponsors
Exhibitors
For sponsorship and exhibiting opportunities, please contact Allyson Donohue at [email protected].
2019 Conference Rates
Registration Rates Early Bird
(by 9/13/19)Regular
(after 9/13/19)ABI Member$250$295Join and Save*$400$445* Includes a one-year ABI membership for first-time members — a $350 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI member to attend the conference.
Event Information 277772
Monday, November 4
8:00-8:30 a.m.
Breakfast
8:30-8:45 a.m.
Welcome Remarks
8:45-9:45 a.m.
Preparing the Debtor
This session will provide practical tips from professionals — everything a mid-level associate should know about how to prepare a company to file chapter 11, as well as the coordination among advisors that is necessary along the way.
Jonathan P. Goulding
Alvarez & Marsal; Century City, Calif.
Heather K. Lennox
Jones Day; Cleveland
John Singh
PJT Partners Inc.; New York
Jane Sullivan
Epiq; New York
9:45-10:00 a.m.
Refreshment Break
10:00-11:00 a.m.
Advising a Board
The panelists will discuss fiduciary duties and the role of the board.
Jane VanLare, Moderator
Cleary Gottlieb Steen & Hamilton LLP; New York
Patrick Bartels
Redan Advisors; New York
James Hughes
Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.
James J. Mazza
Skadden, Arps, Slate, Meagher & Flom LLP; Chicago
11:00 a.m.-12:00 noon
Cross-Border Insolvency Complications: Practical Considerations
Cross-border insolvency proceedings come with many challenges. Both lawyers and insolvency professionals must face sometimes divergent jurisdictional issues and navigate competing motivations and complicated structures, while trying to act in the best interests of the estate, creditors, investors and contributories. This panel will explore several prominent issues that have arisen in practice during the past decade since the credit crisis.
Joel E. Cohen, Moderator
Stout; New York
Sean Allen
EY; New York
Maris J. Kandestin
DLA Piper; Wilmington, Del.
Fiona MacAdam
Walkers; Cayman Islands
12:00-12:30 p.m.
Speed Networking
12:30-1:30 p.m.
Networking Lunch
1:30-2:45 p.m.
Ethics: Who Is the Client?
Ira L. Herman, Moderator
Blank Rome LLP; New York
Sheryl P. Giugliano
Diamond McCarthy LLP; New York
Stephanie Massman
Davis Polk & Wardwell LLP; New York
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.); New York
2:45-3:45 p.m.
The Importance of Plan Feasibility
This panel will focus on perspectives from various constituents and factors for consideration.
Leah M. Eisenberg
Foley & Lardner LLP; New York
Jessica Liou
Weil, Gotshal & Manges LLP; New York
James Mesterharm
AlixPartners LLP; Chicago
Samuel E. Star
FTI Consulting, Inc.; New York
3:45-4:00 p.m.
Refreshment Break
4:00-5:15 p.m.
Practice Tips from the Bench
Curtis S. Miller, Moderator
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Hon. Barbara Houser
U.S. Bankruptcy Court (N.D. Tex.); Dallas
Hon. Vincent Papalia
U.S. Bankruptcy Court (D. N.J.); Newark, N.J.
5:15-7:00 p.m.
Networking Reception
Sponsored by PwC
The Green at WellPlated
Chair
Katherine R. Catanese
Foley & Lardner, LLP; New York
Advisory Board
Laura E. Appleby
Chapman and Cutler LLP; New York
Kelly DiBlasi
Weil, Gotshal & Manges LLP; New York
Rosa J. Evergreen
Arnold & Porter Kaye Scholer LLP; Washington, D.C.
Shanté George
Baker Tilly Virchow Krause, LLP; New York
Vincent Indelicato
Proskauer; New York
Alexa J. Kranzley
Sullivan & Cromwell LLP; New York
Jennifer L. Marines
Morrison & Foerster LLP; New York
Ryan A. Maupin
Grant Thornton LLP; New York
Kathryn B. McGlynn
AlixPartners; New York
Christine A. Okike
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Kyle Ortiz
Togut, Segal & Segal LLP; New York
Jane VanLare
Cleary Gottlieb Steen & Hamilton LLP; New York
Blanche D. Zelmanovich
Ernst & Young LLP; New York
Conference Information
Location
The conference will be held at the Skadden, Arps, Slate, Meagher & Flom LLP offices at 4 Times Square, New York, NY 10036.
Continuing Education Credit
6.25 hours of general CLE credit, including 1.25 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 7.5 hours of general CLE credit, including 1.5 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations 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 6.25 hours, of which 1.25 hours will apply to ethics. New York 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 7.5 credit hours, of which 6 credit hours can be applied toward the professional practice requirement, and 1.5 credit hours can be applied toward the ethics requirement. 7.5 hours of CPE credit, including 1.5 hour of ethics, are also available.
* ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. 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 more information, please contact the American Bankruptcy Institute at (703) 739-0800 or 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 October 14, 2019. No refunds will be granted after October 14, but substitutions will be allowed. After October 14, 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.
Rates
Registration Rates Early Bird
(by 9/13/19)Regular
(after 9/13/19)ABI Member$295$345Govt./Nonprofit/Aca. ABI Member$245$295Join and Save*$620$670New Govt./Nonprofit/Aca. ABI Member*$340$390*Includes a one-year ABI membership for first-time members — a $350 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.
Event Information 277848
ABI Welcome to DC Reception
Mezzanine Level
5:30 - 7:30 p.m.Plan to attend ABI's Opening Reception at NCBJ on Wednesday, October 30, where ABI's Host Committee will welcome NCBJ attendees to the Nation's Capital in style. Included in your NCBJ registration, the Opening Reception provides an opportunity to network and mingle with over 1,000 bankruptcy professionals.
Host Committee
Robert Alvarado
CourtCall LLC
Connor Bifferato
The Bifferato Firm
Robert Brady
Young Conaway Stargatt & Taylor, LLP
Jason S. Brookner
Gray Reed & McGraw LLP
Douglas M. Foley
McGuireWoods LLP
Edward T. Gavin
Gavin/Solmonese LLC
Jay M. Goffman
Skadden, Arps, Slate, Meagher & Flom LLP
H. Jason Gold
Nelson Mullins Riley & Scarborough, LLP
Ronald F. Greenspan
FTI Consulting, Inc.
Thomas Horan
Fox Rothschild LLP
Christopher Andrew Jarvinen
Berger Singerman LLP
Kristina M. Johnson
Jones Walker LLP
James A. Katchadurian
CR3 Partners, LLC
James A. Lodoen
Ballard Spahr LLP
Victor Owens
EastWestBank
Stephen Spitzer
AlixPartners LLP
Paul H. Zumbro
Cravath, Swaine & Moore LLP
Friday, November 1
9:00 a.m. - 10:00 a.m.
ABI-NCBJ Concurrent Roundtable
2018 & 2019 Supreme Court Review
M4-Independence Salon E
William J. Rochelle, III, Moderator
American Bankruptcy Institute; New York
G. Eric Brunstad, Jr.
Dechert LLP; Hartford, Conn.
Prof. Anthony J. Casey
University of Chicago Law School; Chicago
David R. Kuney
Washington, D.C.
Danielle Spinelli
WilmerHale; Washington, D.C.
Cutting-Edge Issues in Avoidance Actions
M4-Independence Salon FGH
Steven M. Berman, Moderator
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Edward T. Gavin
Gavin/Solmonese LLC; Wilmington, Del.
Shanti M. Katona
Polsinelli; Wilmington, Del.
Hon. Deborah L. Thorne
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Hot Trustee Topics in Consumer Cases
M4-Capitol-Congress
Richardo I. Kilpatrick, Moderator
Kilpatrick & Associates, PC; Auburn Hills, Mich.
Beverly M. Burden
Chapter 13 Trustee (E.D. Ky.); Lexington
Neil C. Gordon
Arnall Golden Gregory LLP; Atlanta
Ronald R. Peterson
Jenner & Block LLP; Chicago
10:30 a.m. - 11:30 a.m.
ABI-NCBJ Concurrent Roundtable
All You Need to Know About Liquidating Chapter 11 Plans
M4-Independence Salon E
Andrew W. Caine, Moderator
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Jason S. Brookner
Gray Reed & McGraw LLP; Dallas
Dana P. Kane
Kelley Drye & Warren LLP; New York
Bradley D. Sharp
Development Specialists, Inc.; Los Angeles
Energy: PG&E Panel
M4-Independence Salon FGH
Camisha L. Simmons, Moderator
Simmons Legal PLLC; Dallas
Lee Jason Goldberg
GLC Advisors & Co.; New York
Charles M. Moore
Alvarez & Marsal; Southfield, Mich.
David R. Seligman
Kirkland & Ellis LLP; Chicago
Risa Wolf-Smith
Holland & Hart LLP; Denver
ABI Consumer Commission: Part I
M4-Capitol-Congress
Hon. Eugene R. Wedoff (ret.), Moderator
Oak Park, Ill.
Alane A. Becket
Becket & Lee LLP; Malvern, Pa.
Edward C. Boltz
The Law Offices of John T. Orcutt; Durham, N.C.
Henry E. Hildebrand, III
Chapter 13 Trustee; Nashville, Tenn.
11:45 a.m. - 12:45 p.m.
ABI-NCBJ Concurrent Roundtable
You Can Use Section 363 for That?
M4-Independence Salon FGH
Douglas M. Foley, Moderator
McGuireWoods LLP; Washington, D.C.
Eric W. Anderson
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP; New York
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Rosa J. Evergreen
Arnold & Porter Kaye Scholer LLP; Washington, D.C.
ABI Consumer Commission: Part II
M4-Capitol-Congress
Hon. Elizabeth L. Perris (ret.), Moderator
Portland, Ore.
Rudy J. Cerone
McGlinchey Stafford PLLC; New Orleans
Ariane Holtschlag
The Law Office of William J. Factor, Ltd.; Chicago
Clifford J. White, III
U.S. Department of Justice; Washington, D.C.
ABI Luncheon & William J. Norton Jr. Judicial Excellence Award
Keynote Address by Jan Crawford: The Supreme Court Under Trump
M4-Liberty Ballroom
1:00 - 3:15 p.m.Hear what Jan Crawford, Chief Legal Correspondent for CBS News, has to say about the Supreme Court under President Trump and its impact on bankruptcy.
The November 1 luncheon also features the presentation of the 14th Annual William L. Norton Jr. Judicial Excellence Award. Make sure you choose the ABI lunch during registration.Sponsors
To get the information about Sponsorship Opportunities please click here (PDF file) or contact Sharisa Sloan at [email protected]
Event Information 279189
Thursday, November 7
8:15-9:00 a.m.
Registration and Coffee/Tea
9:00-9:15 a.m.
Welcome by Conference Leadership
9:15-10:30 a.m.
IP Licenses Across Borders
This panel will explore the treatment of intellectual property licenses in insolvency proceedings across jurisdictions, and will discuss strategic considerations in single- and multi-jurisdiction cases.
Aubrey Kauffman
Fasken Martineau DuMoulin LLP; Toronto
Kyle James Ortiz
Togut, Segal & Segal LLP; New York
Joshua Pichinson
AgencyIP; Los Angeles
10:30-10:45 a.m.
Networking Break
Sponsored by Proskauer
10:45-11:45 a.m.
Scaling the Tower of Babel: Stakeholder Communications in Cross-Border Cases
George Bernard Shaw once said, “The single biggest problem in communication is the illusion that it has taken place.” While communication by and among stakeholders is important in all insolvency cases, cross-border cases add a layer of complexity that challenges even the most sophisticated legal and financial advisors. Differences in culture, language and the stakeholders’ willingness to communicate with each other to find mutually beneficial solutions are often juxtaposed with applicable law and restrictions on what can be said. This panel will explore strategies and pitfalls of communications among different types of stakeholders in cross-border cases, including communications between the debtors and their creditors, the various creditor groups themselves, stakeholders and the applicable courts, and communications between the judges in various jurisdictions.
Adam D. Crane
HSM Chambers; George Town, Grand Cayman
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains, N.Y.
Judith Elkin
Judith Elkin PLLC; New Rochelle, N.Y.
Seth R. Freeman
GlassRatner Advisory & Capital Group LLC; San Francisco
Tim Wright
Bedell Cristin; Road Town, BVI
11:45 a.m.-1:30 p.m.
Networking Lunch
Sponsored by Deloitte CRG and EisnerAmper LLP
1:30-2:45 p.m.
China’s Enterprise Bankruptcy Law: What You Need to Know Now
This panel will examine China’s Enterprise Bankruptcy Law (EBL), which came into force in 2007. The panelists will provide an overview of the EBL and explore recent macroeconomic conditions and market trends in China, as well as the challenges being encountered by the EBL as it has entered its second decade. This session will also reflect on practical experiences with judicial capacity-building with the Chinese judiciary.
Christopher A. Jarvinen
Berger Singerman LLP; Miami
Stephen M. Packman
Archer; Philadelphia
Kevin Song
Borrelli Walsh; Beijing
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn
2:45-3:00 p.m.
Networking Break
Sponsored by Brown Rudnick LLP
3:00-4:30 p.m.
Perspectives and Updates on the Growing Cross-Border Practice
As the number and intensity of cross-border insolvencies and restructurings continue to mushroom, the everyday practice of managing matters in a variety of countries is becoming more commonplace and expected. This panel will attempt to bring attendees up to speed on a variety of the developments in cross-border practice over the past two years.
William A. Brandt, Jr.
Development Specialists, Inc.; New York
Fernando Daniel Hernandez
Marval, O'Farrell & Mairal; Buenos Aires, Argentina
Jeffrey A. Liesemer
Caplin & Drysdale; Chartered, Washington
Christopher A. Ward
Polsinelli; Wilmington, Del.
Evan J. Zucker
Blank Rome LLP; New York
4:30-6:30 p.m.
Networking Reception
Conference Information
The conference will be held at the Dentons US Conference Center 1221 Avenue of the Americas New York, NY 10020-1089.
Continuing Education Credit*
5 hours of CLE credit are pending in states calculating CLE on a 60-minute hour, and 6 hours of CLE credit are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 6 credit hours, which can be applied toward the professional practice requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 5 hours. 6 hours of CPE credit 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. For information on tuition assistance, send an e-mail [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by October 17, 2019. No refunds will be granted after October 17, but substitutions will be allowed. After October 17, 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.
Conference Rates
Registration Rates Early
(by 9/13/19)Regular
(9/14/19-10/25/19)Late
(after 10/25/19)ABI Member$395$445$495Non-Member$720$770$820Event Information 279592
Friday, November 15
7:00-8:45 a.m.
Breakfast and Draw for Team Numbers
(Team deliverables due at 7:30 a.m.)
8:00-8:30 a.m.
Judges Meeting
8:30-9:10 a.m.
Round 1A (Teams 1-6)
9:10-9:20 a.m.
Feedback for Round 1A (Teams 1-6)
9:30-10:10 a.m.
Round 1B (Teams 7-12)
10:10-10:20 a.m.
Feedback for Round 1B (Teams 7-12)
10:40-11:20 a.m.
Round 2A (Teams 1-6)
11:20-11:30 a.m.
Feedback for Round 2A (Teams 1-6)
11:40 a.m.-12:20 p.m.
Round 2B (Teams 7-12)
12:20-12:30 p.m.
Feedback for Round 2B (Teams 7-12)
12:30-1:00 p.m.
Judges Scoring Meeting to Determine Finalists
12:30-1:45 p.m.
Luncheon
1:15-1:30 p.m.
First Feedback Session, Followed by Announcement of Finalists
1:30-2:30 p.m.
Preparation and Practice for Finalists
2:30-3:15 p.m.
Finalist Team 1
3:15-3:30 p.m.
Feedback for Finalist Team 1
3:30-4:15 p.m.
Finalist Team 2
4:15-4:30 p.m.
Feedback for Finalist Team 2
4:30-5:15 p.m.
Finalist Team 3
5:15-5:30 p.m.
Feedback for Finalist Team 3
5:30-5:45 p.m.
Judges Scoring Meeting to Determine Winner
5:30-7:00 p.m.
Cocktails, Second Feedback Session and Awards
Competition Information
Those who enter will receive the case vehicle/problem by email one (1) week before the competition.
How to Enter
Please contact Allyson Donohue at [email protected] or (703) 739-0800.
Location
Gleacher Center • The University of Chicago Booth School of Business
450 Cityfront Plaza Dr.
Chicago, IL 60611Entrance Fee
$200 per team
Lodging
Lodging will be provided at a nearby hotel. 2 hotel rooms, with double beds, will be reserved for each out-of-town team.
Meals
Included
Travel
Each participating team is responsible for its own travel arrangements.
Top Three Teams
In addition to team and individual trophies, cash prizes will be awarded to the top three teams in the competition.
First place: $6,000
Second place: $3,500
Third place: $2,500Cash prizes are provided by ABI’s Anthony H.N. Schnelling Endowment Fund. The first-place team earns a space on the Bettina M. Whyte Trophy, permanently housed at ABI’s offices.
Rules of Competition
Composition of the teams
Teams will consist of three or four students who must be enrolled in their school at the time of the competition. Team members may be substituted at the competition in case of illness or disability. It is expected, but not required, that the students will mostly be second-year (graduating in the 2019-2020 school year) MBA students. Teams should not obtain aid in solving the case from individuals who are not part of the team, and will be asked to certify that the work product they submit at the competition is their own. Former competitors are not allowed to compete in this year's competition.
Case vehicle
The case to be analyzed will be delivered to the participating teams one (1) week prior to the competition. The case vehicle, concerning a distressed company, will describe the company and the industry in which it operates. It will present the challenges facing the decision-makers in determining the appropriate restructuring steps to take.
Ancillary information about the company, industry and market data and some basic restructuring and bankruptcy principles will be provided in the case vehicle. The case competition is not intended to be a fact-finding exercise for the teams. The material included in the case vehicle is meant to provide all the information required for the case, and information or facts outside the case materials should not be considered (and will not be considered by the judges if presented).
You will be asked at the competition to certify that the work product submitted is only that of your team and its members.
Presentations
As stated in the case materials and as reflected on the competition schedule, the competition will consist of submitting written materials and making presentations, as advisors to the company, to separate panels of judges. The competition will be conducted in one day (Friday, November 15). All teams will be required to submit the written materials and participate in the first two rounds of presentations. Following the completion of the second round of presentations, the judges will meet and consider the performance of the teams, considering both the written materials and the presentations. The top three (3) teams will be announced at the end of the lunch break and will proceed to the final presentation of the competition (presentations are to start approximately one hour after the announcement of the finalists). At the end of the final presentations, the judges will rank the final three teams and announce the winning team at the closing reception. Teams that are not invited to participate in the final presentations are encouraged to attend the final presentations.
Written presentations must be submitted to the ABI representative designated at Registration no later than 7:30 a.m. on Friday, November 15. Each team's presentation should not exceed a limited amount of pages and is likely to include the items listed below, each as set forth in the instructions that will accompany the case materials:
- Liquidity analysis, including 13 week cash forecast
- Capital structure analysis, including the relative viewpoint of each constituent
- Debt capacity
- Prospects for new capital
- Valuation
- Operational alternatives
- Timeline(s)
Competitors will need to carefully consider the content of their presentations and judge what support materials will be used. Too little detail will fail to convince and too much detail runs the risks of losing the attention of the audience and running out of time to cover key agenda points.
Except as necessary as a tiebreaker, no points or rankings will be carried over from the first two presentations to the final presentations.
The ABI reserves the right to use all or portions of your presentations in future ABI programs.
Judges
Judges in each of the rounds will be panels of experts from the turnaround, crisis-management, distressed-debt, DIP-financing, legal and bankruptcy advisory industries. The pool of judges will change for each presentation. One of the main benefits to participating teams will be exposure to influential members in these industries.
Judging Criteria
Each presentation will be evaluated by the panel of judges on the basis of the quality of the analysis and presentation in the following areas:
- Financial and Operational Analysis
- Transaction Structure
- Implementation Strategy
- Demonstration of Understanding of Negotiation Dynamics
- Creativity (Presentations)
Particular focus should be directed toward compelling arguments, good analyses, likelihood of success, understanding of the dynamics among various constituencies and oral skills. It is important that the presentation demonstrates a thorough consideration of viable alternatives and provides detailed reasoning for recommendations. As with most cases, there is not necessarily a right or wrong answer. The judges will be looking for the quality of the analysis and reasoning in evaluating the presentation.
Questions:
Competition/Registration or Hotel confirmation: Allyson Donohue at ABI, (703) 739-0800 or [email protected]
Rates
Entrance Fee $200 per team Entrance fee is non-refundable. Teams may not withdraw after October 7 without penalty.
Major Sponsors
Sponsors
For sponsorship opportunities, please contact Allyson Donohue at [email protected] or 703-739-0800.
Event Information 279980
Thursday, January 23
10:00-11:45 a.m.
IWIRC Program (separate registration)
Balancing the Ticket: Mediation Strategies in Bankruptcy Disputes
This panel will discuss mediation strategies at the bankruptcy court and appellate level specifically focusing on the role of emotions in negotiating and mediating bankruptcy disputes and best practices for effectively managing emotional responses from clients, counsel, and mediators.
Kate Sender, Moderator
Cohen & Cohen, P.C.; Denver
Hon. Mary Grace Diehl
U.S. Bankruptcy Court for the Northern District of Georgia; Atlanta
J. Smiley
Sender & Smiley LLC; Denver
Kyle Schultz
Tenth Circuit Court of Appeals Circuit Mediation Office; Denver
11:00 a.m.
Registration Desk and Exhibit Hall Open
12:00-12:45p.m.
Lunch
12:45-1:45 p.m.
Protecting the People and the State: Addressing the Opioid Crisis
Phil Weiser
Colorado Attorney General; Denver
1:45-3:00 p.m.
Concurrent Sessions (3)
For the Future: Hot Topics in Commercial Bankruptcy
Join our panel to discuss and analyze the latest bankruptcy issues facing commercial cases today, as well as important bankruptcy and insolvency issues from the Supreme Court, circuit courts of appeals and lower courts, and issues that could be in front of the appellate courts in the year to come.
Keri L. Riley, Moderator
KutnerBrinen, PC; Denver
Daniel J. Garfield
McAllister Garfield, P.C.; Denver
Gabrielle G. Palmer
Onsager | Fletcher | Johnson; Denver
Andrew J. Roth-Moore
Brownstein Hyatt Farber Schreck, LLP; Denver
Hon. Kimberley H. Tyson
U.S. Bankruptcy Court (D. Colo.); Denver
Chapter 11 Plan Strategy: Do It Right the First Time
Join your colleagues to discuss different plan structures we are seeing in the markets and strategic considerations concerning how to formulate and draft a chapter 11 plan. The panel will also address common UST objections/issues as those arise in the context of what would otherwise be consensual plans, and how to limit/eliminate those objections through strategic plan structuring and drafting.
Matthew T. Faga, Moderator
Markus Williams Young & Hunsicker LLC; Denver
Hon. R. Kimball Mosier
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Sherilyn A. Olsen
Holland & Hart LLP; Salt Lake City
Michael J. Pankow
Brownstein Hyatt Farber Schreck, LLP; Denver
Justin E. Rawlins
Winston & Strawn LLP; Los Angeles
Preference, Earmarking and Fraudulent Transfer Law – Making Progress Together For Future Bankruptcies
In this session, learn more about recent developments in earmarking, preference and fraudulent transfer law, and the use of domestic and foreign trusts to effectuate fraudulent transfers.
David M. Miller, Moderator
Spencer Fane LLP; Denver
Neal H. Levin
Freeborn & Peters LLP; Chicago
Ronald R. Peterson
Jenner & Block; Chicago
Hon. Joseph G. Rosania
U.S. Bankruptcy Court (D. Colo.); Denver
Michael Thomson
Dorsey & Whitney LLP; Salt Lake City
3:00-3:30 p.m.
Refreshment Break
3:30-4:45 p.m.
Concurrent Sessions (3)
Vote Yourself a Farm: Agriculture Bankruptcy in Chapters 7, 11 and 12
Join this session for a discussion of all things agriculture, including tariffs and recent legislation changes, and a primer on how farms actually work.
Michael R. Johnson, Moderator
Ray, Quinney & Nebeker; Salt Lake City
Dr. Norman L. Dalsted
Colorado State University; Fort Collins, Colo.
Duane Gillman
Durham Jones & Pinegar; Salt Lake City
Daniel A. Hepner
Daniel A. Hepner, P.C., Chapter 12 Trustee; Louisville, Colo.
Hon. Cathleen D. Parker
U.S. Bankruptcy Court (D. Wyo.); Cheyenne
Vote for a Better Future: Top 10 Ethics Traps and How to Avoid Them
Bankruptcy professionals face a plethora of ethical issues in their practices. The roles of counselor, advisor and advocate in the insolvency world require competence and fairness, but they also require transparency. The additional role of marketer that lawyers, accountants and financial advisors need to play to be successful can complicate professional responsibilities. Disclosure is critical, but providing too much information may infringe on privacy rights or violate confidentiality rules. Means of communicating with clients and potential clients need to be carefully considered. Our conduct can constitute ethical breaches if we are not vigilant in policing ourselves. This panel will address 10 (give or take) of the most important ethics traps bankruptcy professionals face, and will suggest ways to avoid them.
Kenneth L. Cannon II, Moderator
Durham Jones & Pinegar; Salt Lake City
Troy J. Aramburu
Snell & Wilmer L.L.P.; Salt Lake City
Susan M. Freeman
Lewis Roca Rothgerber Christie LLP; Phoenix
Hon. William T. Thurman
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Prof. Eli Wald
University of Denver Sturm College of Law; Denver
Make Your Assets Count! Vote for a Great Expert and Get Them Qualified with the Court
This panel will work through real-life scenarios that demonstrate challenges faced by litigants in qualifying valuation witnesses. The panel will also cover strategies and techniques that are crucial to winning the valuation battle. Finally, the panel will discuss the latest developments and trends in valuing assets in bankruptcy.
Craig K. Schuenemann, Moderator
Bryan Cave Leighton Paisner LLP; Denver
K. Jamie Buechler
Buechler Law Office; Denver
Melissa S. Kibler
Mackinac Partners LLC; Chicago
Manish Kumar
Goldin Associates, LLC; New York
Hon. Michael E. Romero
U.S. Bankruptcy Court (D. Colo.); Denver
Patricia B. Tomasco
Quinn Emanuel Urquhart & Sullivan LLP; Houston
4:45-6:30 p.m.
Networking Reception
Sponsored by Otten Johnson Robinson Neff + Ragonetti PC
Friday, January 24
7:00 a.m.
Registration Desk and Exhibit Hall Open
7:30-8:00 a.m.
Breakfast
8:00-8:55 a.m.
It’s Morning Again at Rocky Mountain: Judges’ Roundtable
Featuring the judges of the 25th Annual Rocky Mountain Bankruptcy Conference, this session will answer all the questions you have on current issues. From marijuana, impacts of new legislation and courtroom procedures, learn what the judges are thinking and what they see coming. Submit your questions in advance to [email protected].
9:00-10:15 a.m.
Concurrent Sessions (3)
Consumer Workshop I
Let the Winning Continue: Getting to ConfirmationJoin this session for strategies for a selection of interesting topics under §§ 521, 1322 and 1325, including income issues, self-employed debtors, the means test, retirement contributions and expenses. Attendees will also learn about hot consumer issues that are of concern to judges and trustees.
Adam M. Goodman, Moderator
Adam M. Goodman, Standing Chapter 13 Trustee; Denver
Hon. Kevin R. Anderson
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Tami Gadd
Office of the Chapter 13 Trustee; Salt Lake City
Tara G. Salinas
Salinas Law Group LLC; Denver
Get a Fresh Perspective: Special-Purpose Entities and Single-Asset Real Estate Insolvencies
This session will review issues currently facing single-asset real estate investing and CMBS markets.
Adam L. Hirsch, Moderator
Kutak Rock LLP; Denver
Megan Adeyemo
Gordon Rees Scully Mansukhani, LLP; Dallas
James Bentley
Schulte Roth & Zabel LLP; New York
Timothy Swanson
Moye White LLP; Denver
Repeat Concurrent Session
Chapter 11 Plan Strategy: Do It Right the First Time
10:15-10:45 a.m.
Coffee Break
10:45 a.m.-12:00 noon
Concurrent Sessions (3)
Consumer Workshop II
Family First: Bankruptcy and Family LawDomestic support obligations versus separation of debt, § 523(a)(5) and (a)(16), and concurrent jurisdictions between bankruptcy and state courts.
Gigi Wink, Moderator
Wink & Wink, P.C.; Broomfield, Colo.
Megan Baker
Dorsey & Whitney LLP; Salt Lake City
Brian DeBauche
Law Firm of Brian DeBauche, LLC; Denver
Repeat Concurrent Sessions
Vote for a Better Future: Top 10 Ethics Traps and How to Avoid Them
Preference, Earmarking and Fraudulent Transfer Law – Making Progress Together For Future Bankruptcies
12:00-12:30 p.m.
Lunch
Sponsored by Wadsworth Garber Warner Conrardy, P.C.
12:30-1:30 p.m.
For Better Government: Working with the Russian Judicial System
The rise and fall of the rule of law in Russia since the breakup of the Soviet Union has been dynamic and unpredictable. What started out as a robust, exciting and uncertain fledgling democracy and reform to a market economy based on the rule of law devolved into something different, something less. Judge Brooks will trace his experience since 1991 working with Russian legal reformers as they endeavored to establish a nascent democracy and market economy built on a rule of law, an independent judiciary, principles of transparency, private property and open society.
Hon. Sidney B. Brooks (ret.)
Denver
1:45-3:00 p.m.
Concurrent Sessions (3)
Consumer Workshop III
Cleaning It Up: Messy Chapter 7sThis session will discuss how to identify chapter 7s with potential problems (debtors with businesses, searching public records for assets and transfers, requesting and reviewing documents in advance of filing, effective communication, etc.), how to manage chapter 7s that go sideways (staying on top of trustee document-production requests, 2004 exams, objections to discharge and negotiating effectively with the trustee), how to get paid (supplemental 2016(b) statements, new retainers and retention agreements, what’s covered by the original retainer agreement), and when and how to get out (declining to file messy cases to avoid consequences for you (malpractice) or your client, withdrawing for lack of post-petition payment for new work or client cooperation).
Stephen E. Berken, Moderator
Berken Cloyes, PC; Denver
Hon. Elizabeth E. Brown
U.S. Bankruptcy Court (D. Colo.); Denver
Aaron J. Conrardy
Wadsworth Garber Warner Conrardy, P.C.; Littleton, Colo.
Jessica E. Deal
Advanced Legal Services, Inc.; Denver
Repeat Concurrent Sessions
Get a Fresh Perspective: Special-Purpose Entities and Single-Asset Real Estate Insolvencies
Vote Yourself a Farm: Agriculture Bankruptcy in Chapters 7, 11 and 12
3:00-3:30 p.m.
Refreshment Break
3:30-4:45 p.m.
Concurrent Sessions (3)
Consumer Workshop IV
It’s About You: Mental Health, Professionalism and Burnout“Burnout” is officially classified as a legitimate medical diagnosis by the World Health Organization in its International Classification of Diseases handbook, which guides medical providers in diagnosing diseases. According to the handbook, a stressed-out, unhappy attorney who does not want to practice law any longer can be “officially” diagnosed with burnout if he or she meets certain symptoms. Burnout is a syndrome conceptualized as resulting from chronic workplace stress that has not been successfully managed, and it is characterized by three dimensions: feelings of energy depletion or exhaustion; increased mental distance from one’s job, or feelings of negativism or cynicism related to one's job; and reduced professional efficacy. This session will shine a spotlight on practitioner mental health and coping with burnout and stress.
Deanna L. Westfall, Moderator
Denver
Amy Kingery
Colorado Lawyer Assistance Program; Denver
Michael R. McCormick
Montgomery Little & Soran, PC; Greenwood Village, Colo.
Repeat Concurrent Sessions
For the Future: Hot Topics in Commercial Bankruptcy
Make Your Assets Count! Vote for a Great Expert and Get Them Qualified with the Court
4:45-6:30 p.m.
Networking Reception
2020 Rocky Mountain Bankruptcy Conference Co-Chairs
Hon. Kevin R. Anderson, Judicial Co-Chair
U.S. Bankruptcy Court (D. Utah); Salt Lake City
Hon. Joseph G. Rosania, Judicial Co-Chair
U.S. Bankruptcy Court (D. Colo.); Denver
Chad S. Caby, Co-Chair
Lewis Roca Rothgerber Christie LLP; Denver
Gil A. Miller, Co-Chair
Rocky Mountain Advisory; Salt Lake City
Advisory Board
Troy J. Aramburu
Snell & Wilmer L.L.P.; Salt Lake City
Stephen E. Berken
Berken Cloyes, PC; Denver
David T. Brennan
Otten Johnson Robinson Neff + Ragonetti PC; Denver
Kenneth L. Cannon II
Durham Jones & Pinegar; Salt Lake City
Matthew T. Faga
Markus Williams Young & Hunsicker LLP; Denver
Caroline C. Fuller
Fairfield and Woods P.C.; Denver
Adam M. Goodman
Standing Chapter 13 Trustee; Denver
Joshua M. Hantman
Brownstein Hyatt Farber Schreck, LLP; Denver
Theodore J. Hartl
Ballard Spahr LLP; Denver
Adam L. Hirsch
Kutak Rock LLP; Denver
George B. Hofmann
Cohne Kinghorn, P.C.; Salt Lake City
Peggy Hunt
Dorsey & Whitney LLP; Salt Lake City
Andrew D. Johnson
Onsager | Fletcher | Johnson; Denver
Eric E. Johnson
Sherman & Howard L.L.C.; Denver
Michael R. Johnson
Ray Quinney & Nebeker; Salt Lake City
David M. Miller
Spencer Fane LLP; Denver
Sherilyn A. Olsen
Holland & Hart LLP; Salt Lake City
Keri L. Riley
KutnerBrinen, PC; Denver
Craig K. Schuenemann
Bryan Cave Leighton Paisner LLP; Denver
Timothy M. Swanson
Moye White LLP; Denver
Deanna L. Westfall
Denver
Bruce H. White
Parsons Behle & Latimer; Salt Lake City
Conference Information
Hotel
An urban retreat in the heart of the Mile High City, the Four Seasons Hotel Denver offers accommodations just minutes from the boutiques and restaurants of historic Larimer Square. Inviting and residential in style, the hotel’s urban-chic design subtly reflects the natural beauty of Colorado, and its oversized windows offer 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 $269 per night; reservations must be made by December 20, 2019, 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.
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.
IWIRC Program
The International Women’s Insolvency & Restructuring Confederation will hold its annual three-hour program prior to the start of the Rocky Mountain Bankruptcy Conference on Thursday, January 23. The cost is an additional $75; please mark the appropriate box on the online registration form to attend.
Continuing Education
Rocky Mountain Bankruptcy Conference:
This program is eligible for 10.4 hours of general CLE credit, including 2.5 hours of ethics/professionalism, in states calculating CLE on a 60-minute hour, and 12.5 hours of general CLE credit, including 3 hours of ethics/professionalism, in 50-minute-hour states. Credit hours are estimated and 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 10.5 hours, of which 2.5 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 12.5 credit hours, of which 12.5 credit hours can be applied toward the professional practice requirement and 3 credit hours can be applied toward the ethics professionalism requirement.12.5 hours of CPE credit, including 3 hours of ethics, are also available.
Rocky Mountain Consumer Workshop:
This program is eligible for 7 hours of general CLE credit, including 2.5 hours of ethics/professionalism, in states calculating CLE on a 60-minute hour, and 8.4 hours of general CLE credit, including 3 hours of ethics/professionalism, in 50-minute-hour states. Credit hours are estimated and 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 7 hours, of which 2.5 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 12.5 credit hours, of which 8 credit hours can be applied toward the professional practice requirement and 3 credit hours can be applied toward the ethics professionalism requirement.8 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].
Registration Rates
Early
(by 11/15/19)Regular
(11/16/19-1/3/20)Late
(after 1/3/20)Rocky Mountain Bankruptcy Conference ABI Member $595$645 $695Join and Save* $920$970 $1,020Govt./Aca. ABI Member $345$395 $445New Govt./Aca. ABI Member* $440$490 $540Consumer Workshop ONLY Pricing (program only on 1/24/20) ABI Member $295 $345 $395 Join and Save* $390 $440 $490 Optional Events IWIRC Program Fee (includes lunch) $75Thursday Networking Reception IncludedThursday Networking Reception Guest $40Friday Networking Reception IncludedFriday Networking Reception Guest $40* Includes a one-year ABI membership for first-time members only —a $350 value! Expired members should select the member rate and add in the membership renewal fee on the online form. You must be an ABI member to attend the conference.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by January 2, 2020. No refunds will be granted after January 2, but substitutions will be allowed. After January 2, 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.
Event Information 280088
Tuesday, January 14
7:00 p.m.
Optional Event: Southeast Endowment Hockey Event
Please join the ABI Anthony H.N. Schnelling Endowment Fund at the Amalie Arena in Tampa for a night of great hockey and fun networking in a luxury suite, complete with food and open bar. Proceeds benefit the ABI Endowment Fund.
Suite Generously Provided by Shumaker, Loop & Kendrick, LLP
Sponsored by Equity Partners HG LLC
Wednesday, January 15
2:00 p.m.
Registration Open
2:45-3:00 p.m.
Opening Remarks
3:00-4:15 p.m.
Plenary Session
WWJGD (What Would Judge Glenn Do)?...
Hon. Catherine P. McEwen, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Jacob A. Brown
Akerman LLP; Jacksonville
Betsy C. Cox
Rogers Towers, PA; Jacksonville
Prof. Roberta Kemp Flowers
Stetson University College of Law; Gulfport
Jerry M. Markowitz
Markowitz Ringel Trusty + Hartog, P.A.; Miami
4:15-4:25 p.m.
Refreshment Break
4:25-5:40 p.m.
Plenary Session
Admissibility of Electronic Evidence at Trial
This session will feature a mock trial of a fraudulent-transfer case demonstrating email, Facebook, Instagram, smartphone, messaging and metadata issues.
Hon. Mindy A. Mora, Moderator
U.S. Bankruptcy Court (S.D. Fla.); West Palm Beach
Abid Qureshi
Akin Gump Strauss Hauer & Feld LLP; New York
Jacqueline P. Rubin
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Lauri W. Sawyer
Jones Day; New York
Joseph Sorkin
Akin Gump Strauss Hauer & Feld LLP; New York
Jayant W. Tambe
Jones Day; New York
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Julia Tarver Mason Wood
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
5:45-7:00 p.m.
Opening Reception
Sponsored by Anthony & Partners, LLC and BakerHostetler
Bar Sponsored by Bradley Arant Boult Cummings LLP and Holland & Knight LLP
7:00-9:00 p.m.
VIP Speaker/Sponsor Dinner (by invite only)
Thursday, January 16
7:30 a.m.-4:30 p.m.
Exhibit Hall Open
7:30-8:30 a.m.
Registration & Continental Breakfast
8:30-8:45 a.m.
Welcome by Program Chairs
8:45-10:15 a.m.
Plenary Session
Everything You Need to Know About Attorneys’ Fees and Sanctions in Bankruptcy
This panel will discuss attorneys’ fee and sanction topics, including involuntary-proceeding issues.
Hon. Karen K. Specie, Moderator
U.S. Bankruptcy Court (N.D. Fla.); Tallahassee
Vincent F. Alexander
Lewis Brisbois Bisgaard & Smith LLP; Fort Lauderdale
Douglas A. Bates
Clark Partington Hart Larry Bond & Stackhouse, P.A.; Pensacola
David S. Jennis
Jennis Law Firm; Tampa
Robert Scott Shuker
Shuker & Dorris, PA; Orlando
10:15-10:30 a.m.
Refreshment Break
10:30-11:45 a.m.
Concurrent Breakouts (2)
Business Session
Business Bankruptcy Legal Update
This session features a panel discussion of recent developments in commercial cases involving insurance, trademark, WARN Act and marijuana issues.
Hon. Jeffrey P. Hopkins, Moderator
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Damien H. Prosser
Morgan & Morgan; Orlando
Scott A. Stichter
Stichter, Riedel, Blain & Postler, P.A.; Tampa
Edmund S. Whitson
Adams and Reese LLP; Tampa
Steven R. Wirth
Akerman LLP; Tampa
Consumer Session
Consumer Bankruptcy Legal Update
This panel will discuss recent developments in consumer cases involving family law, consumer protection and student loan issues.
Hon. Caryl E. Delano, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Jeffrey S. Ainsworth
BransonLaw, PLLC; Orlando
Dennis J. LeVine
Kelley Kronenberg; Tampa
12:00-1:30 p.m.
Paskay Memorial Luncheon and Keynote
Private Equity: Buy It and Then Break It — the Cautionary Tale from Retail Bankruptcies
Prof. Edward Janger
Brooklyn Law School; Brooklyn, N.Y.
Sponsored by Stichter, Riedel, Blain & Postler, PA
1:30-1:45 p.m.
Break
1:45-3:00 p.m.
Concurrent Breakouts (2)
Advanced Technology for the Bankruptcy Professional
This session is for attorneys who are moderately proficient in the use of technology.
Karim Guirguis
American Bankruptcy Institute; Alexandria, Va.
Basic Technology for the Bankruptcy Professional
This session is for attorneys who are challenged by technology.
Lauren L. Stricker
Shutts & Bowen LLP; Tampa
3:00-3:15 p.m.
Refreshment Break
3:15-4:30 p.m.
Plenary Session
ABI Talks: Impact on Bankruptcy Practice of Five Recent Supreme Court Decisions or Pending Decisions
Based on the incredibly popular “TED Talks” format, these ABI Talks will address the impact that five recent Supreme Court decisions (in some cases, pending decisions) have or will have on bankruptcy practice.
Keith T. Appleby, Moderator
Banker Lopez Gassler PA; Tampa
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa
Lara R. Fernandez
Trenam Law; Tampa
Tiffany Payne Geyer
BakerHostetler; Orlando
Patricia A. Redmond
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami
J. Ellsworth Summers, Jr.
Burr & Forman LLP; Jacksonville
4:30-5:30 p.m.
Happy Hour Networking Reception
Sponsored by Bush Ross, PA
6:00 – 9:00 p.m.
Optional Event: Networking Dinner
IWIRC-Florida Networking Dinner at Jackson's Bistro
Details on Optional Events page.
Friday, January 17
7:30-8:30 a.m.
Registration & Continental Breakfast
8:30-8:45 a.m.
Opening Remarks
8:45-10:15 a.m.
Plenary Session
Bankruptcy Practice Is Constantly Changing
This session features a panel discussion covering new legislation (Small Business Reorganization Act, HAVEN Act, Family Farmer Reorganization Act, new Rules, new Procedures and new Administrative Orders), as well as proposed changes to PACER and operating programs for electronic filing.
Hon. Lewis M. Killian, Jr. (ret.)
Berger Singerman LLP; Tallahassee
Kathleen L. DiSanto
Bush Ross, P.A.; Tampa
Alberto F. Gomez, Jr.
Johnson Pope Bokor Ruppel & Burns, LLP; Tampa
Edwin G. Rice
Bradley Arant Boult Cummings LLP; Tampa
10:15-10:30 a.m.
Refreshment Break
10:30-11:45 a.m.
Plenary Session
Pro Bono Work for Consumer Clients
This learn-in session will prepare attorneys, particularly business bankruptcy lawyers, for dealing with insolvent pro se consumer debtors or defendants.
Hon. Laurel Myerson Isicoff, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Michael Barnett
Michael Barnett, PA; Tampa
Traci Stevenson
Traci K. Stevenson, PA; Madeira Beach, Fla.
Mark J. Wolfson
Foley & Lardner LLP; Tampa
11:45-1:00 p.m.
Mental Health and Mindfulness in Restructuring Matters
A presentation on wellness, performance enhancement and mindfulness in your practice.
Paul S. Singerman
Berger Singerman LLP; Miami
1:00-1:15 p.m.
Refreshment Break
1:15-2:30 p.m.
Judicial Merry-Go-Round
These judge-led rapid-fire roundtables will focus on today’s provocative issues, with judges changing tables every 12 minutes.
Roy S. Kobert, Moderator
GrayRobinson, PA; Orlando
Hon. Roberta A. Colton
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Caryl E. Delano
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Jeffrey P. Hopkins
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Cynthia C. Jackson
U.S. Bankruptcy Court (M.D. Fla.); Orlando
Hon. Catherine P. McEwen
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Mindy A. Mora
U.S. Bankruptcy Court (S.D. Fla.); West Palm Beach
Hon. Karen K. Specie
U.S. Bankruptcy Court (N.D. Fla.); Tallahassee
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
2:30 p.m.
Adjourn
Judicial Co-Chairs
Hon. Roberta A. Colton
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Hon. Cynthia C. Jackson
U.S. Bankruptcy Court (M.D. Fla.); Orlando
Program Chair
Jeffrey W. Warren
Bush Ross, P.A.; Tampa
Advisory Board
Vincent F. Alexander
Lewis Brisbois Bisgaard & Smith LLP; Fort Lauderdale
John A. Anthony
Anthony and Partners; Tampa
Keith T. Appleby
Banker Lopez Gassler P.A.; Tampa
Douglas A. Bates
Clark Partington Hart Larry Bond &
Stackhouse, P.A.; PensacolaPaul J. Battista
Genovese Joblove & Battista, P.A.; Miami
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa
Stephen D. Busey
Smith Hulsey & Busey; Jacksonville
Betsy C. Cox
Rogers Towers; Jacksonville
Michael Dal Lago
Dal Lago Law; Naples
Denise D. Dell-Powell
Dean Mead; Orlando
James W. Elliott
McIntyre Thanasides Bringgold Elliott
Grimaldi Guito & Matthews, P.A.; TampaWilliam K. Fendrick
Holland & Knight LLP; Tampa
Lara R. Fernandez
Trenam Law; Tampa
Paul A. Giordano
Roetzel & Andress, LPA; Fort Myers
Elizabeth A. Green
BakerHostetler; Orlando
Jordi Guso
Berger Singerman LLP; Miami
David S. Jennis
Jennis Law Firm; Tampa
Stephen R. Leslie
Stichter, Riedel, Blain & Postler, P.A.; Tampa
Michael C. Markham
Johnson Pope Bokor Ruppel & Burns, LLP; Tampa
Courtney A. McCormick
McGuireWoods LLP; Jacksonville
Nicole M. Noel
Kass Shuler, P.A.; Tampa
Loretta C. O’Keeffe
Gibbons | Neuman; Tampa
Leanne M. Prendergast
FisherBroyles, LLP; Jacksonville
Damien H. Prosser
Morgan & Morgan, P.A.; Orlando
Dean Theresa J. Pulley Radwan
Stetson University College of Law; Gulfport
Edwin G. Rice
Bradley Arant Boult Cummings LLP; Tampa
Luis E. Rivera, II
GrayRobinson, P.A.; Fort Myers
Robert S. Rushing
Carver, Darden, Koretzky, Tessier, Finn,
Blossman & Areaux L.L.C.; PensacolaDavid A. Samole
Kozyak Tropin & Throckmorton; Miami
Bradley M. Saxton
Winderweedle, Haines, Ward & Woodman, P.A.; Winter Park
Lynn Welter Sherman
Trenam Law; St. Petersburg
R. Scott Shuker
Shuker & Dorris, P.A.; Orlando
Robert A. Soriano
Soriano Law, P.A.; Tampa
J. Ellsworth Summers, Jr.
Burr & Forman LLP; Jacksonville
Frank P. Terzo
Nelson Mullins Broad and Cassel; Fort Lauderdale
James A. Timko
Shutts & Bowen LLP; Orlando
Scott A. Underwood
Buchanan Ingersoll & Rooney PC; Tampa
Edmund S. Whitson, III
Adams and Reese LLP; Tampa
Steven R. Wirth
Akerman LLP; Tampa
Mark J. Wolfson
Foley & Lardner LLP; Tampa
Conference Information
Hotel
The newly renovated Westin Tampa Waterside sits conveniently on the Tampa, Fla., waterfront and steps away from downtown Tampa’s dining and entertainment. ABI has arranged a special conference rate of $259 per night for a Traditional room. Make your reservations by December 13, 2019, to reserve this special rate. ABI cannot guarantee anyone a room after the December 13 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.
Continuing Education Credit
11.75 hours of general CLE credit, including 1.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 14.1 hours of general CLE credit, including 1.8 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations 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 11.75 hours, of which 1.5 hours will apply to ethics. New York 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 14 credit hours, of which 13.5 credit hours can be applied toward the professional practice requirement, and 1.5 credit hours can be applied toward the ethics requirement.
14 hours of CPE credit, including 1.5 hours of ethics, are also available.
* ABI offers intermediate-level courses, which assume that attendees have some knowledge in 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. For more information regarding administrative policies such as complaints and refunds, 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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. 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 more information, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].
Optional Events
Southeast Endowment Hockey Event
Tuesday, January 14th, 7:00 p.m. (EST)
Amalie Arena, Tampa
Please join the ABI Anthony H.N. Schnelling Endowment Fund for a night of great hockey and fun networking in a luxury suite, complete with food and open bar. Proceeds benefit the ABI Endowment Fund.
Firms donating $1,500 will receive two tickets to the suite, signage at the event, and recognition in the ABI Journal and online. A portion of your sponsorship is tax-deductible! To sponsor this event, please email Sharisa Sloan at [email protected].Suite Generously Provided by Shumaker, Loop & Kendrick, LLP
Sponsored by Equity Partners HG LLC
IWIRC-Florida Networking Dinner
Thursday, January 16th, 6:00 – 9:00 p.m. (EST)
Jackson's Bistro, Waterfront Room, 601 S. Harbour Island Blvd, Tampa
Join IWIRC members and friends for networking and dinner. IWIRC membership is not required. Jackson’s is on Harbour Island and is an easy walk from the Westin Tampa Waterside. The cost is $60 per person and includes tax and gratuities. Space is limited. RSVP by no later than January 9th by purchasing tickets at: https://www.eventbrite.com/e/iwirc-florida-networking-dinner-tickets-86763964353Conference Rates*
Registration Rates Early Bird
(by 11/22/19)Regular
(11/23/19-12/27/19)Late
(after 12/27/19)ABI Member $395 $445 $495 Govt./Academic/Nonprofit ABI Member $225 $275 $295 Join ABI and Save** $720 $770 $820 Govt./Academic/Nonprofit New ABI Member**
$320 $370 $390 * There will be a $30 fee added to all on-site registrations.
** Includes a one-year ABI membership for first-time members — a $350 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***$1,000New ABI Member Exhibitor Registration****$1,350Additional 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.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by December 20, 2019. No refunds will be granted after December 20, but substitutions will be allowed. After December 20, 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.
Event Information 280223
Monday, February 17
9:00 a.m.-4:30 p.m.
Competition*
5:00-6:00 p.m.
Symposium**
6:00-6:15 p.m.
Presentation of Shapero Cup Award and Best Oral Advocate Award
6:15-7:30 p.m.
Reception
*Timing subject to change based on the number of teams.
**Additional Ticket Required. View "Symposium" Tab for more information.
Join ABI and the committee of The Walter Shapero Bankruptcy Symposium for an educational session following the Shapero Cup Moot Court Competition. The one-hour symposium will feature speakers below in discussion about the same fact pattern the teams argued earlier in the day. Stay for the awards ceremony and a cocktail reception to congratulate the eight participating teams and network with colleagues.
This event is a great opportunity to connect with area insolvency professionals, engage with expert speakers, and honor our colleague, mentor and friend, Judge Shapero.
About Judge Shapero
Hon. Walter Shapero was appointed as a U.S. Bankruptcy Judge for the Eastern District of Michigan in 1988. After serving the full term of his appointment, he continued to serve as a bankruptcy judge in recall status until he retired in September 2016, and always carried full case load. Throughout his judicial career, Judge Shapero was known for his scholarly, intellectually curious and thorough approach to legal issues, and for his gracious, humble and civil approach to all of the lawyers and parties who appeared in his courtroom.
Judge Shapero received his A.B. in 1951 from the University of Michigan and his LL.B. in 1954 from the University of Virginia Law School, where he served as an editorial board member of the Virginia Law Review. He was admitted to the State Bar of Michigan in 1955. In 1954, Judge Shapero clerked for a Michigan Supreme Court Justice before entering in private practice in 1956 with Shapero, Shapero and Cohn, which later became Bromberg, Robinson, Shapero, Cohn and Burgoyne. He concentrated his law practice in real estate and served as an adjunct law professor at both the University of Detroit Law School and Wayne State University Law School.
The Honorable Walter Shapero Bankruptcy Symposium, named in Judge Shapero’s honor for his many years of outstanding service as a bankruptcy judge, is a nonprofit entity dedicated to the advancement of knowledge and understanding of bankruptcy law. Established in 2004, the symposium annually puts on scholarly presentations regarding bankruptcy law.
Featured Speakers
Hon. Joel Applebaum
U.S. Bankruptcy Court, (E.D. Mich.); Flint
Lisa Gretchko
Howard & Howard Attorneys PLLC
Stephen Gross
McDonald Hopkins LLC
Location
U.S. District Courthouse
231 W. Lafayette Boulevard
Room 115
Detroit, Mich.Schedule
Monday, February 17, 2020
5:00 p.m. Symposium*
6:00 p.m. Presentation of Shapero Cup Award and Best Oral Advocate Award
6:15 p.m. ReceptionTickets
Tickets: $25 each*
*This program is eligible for 1 general credit. CLE will be applied for in the following states: IL, IN, OH, and TN..
Competition Information
The Shapero Cup Regional Moot Court Competition (the “Regional”) is scheduled for Monday, February 17, 2020, at the U.S. Bankruptcy Courthouse in Detroit.
The Regional features law schools from the Sixth Circuit and is designed in part to serve as formal practice for law school teams considering competing in the Duberstein Moot Court Competition at St. John’s University School of Law in New York City in February/March (the “Duberstein Competition”). The Regional is not an elimination round for the Duberstein Competition.
For the Regional competition, teams do not need to submit briefs. Each team will argue in the preliminary round, with one argument for the petitioner and one argument for the respondent. The two teams with the highest average score in the preliminary round will advance to the final round.
Awards will be presented at the Regional, which will include a trophy for first-place team and top oralist. Prominent bankruptcy practitioners and judges will judge rounds, and teams will receive constructive input from the judges following each round.
To participate, please review the Official Rules and return the completed applicationto Erin Finnegan at [email protected].
Planning Committee
Michael E. Baum
Schafer and Weiner, PLLC
Leslie K. Berg
Government Attorney
William C. Blasses
Kerr, Russell and Weber, PLC
Ian Bolton
Bolton Legal Group
Kelley L. Callard
Government Attorney
Melissa A. Caouette
Office of Carl L. Bekofske, Chapter 13 Trustee
Sean M. Cowley
Government Attorney
Ethan Dunn
Maxwell Dunn, PLC
Lisa Sommers Gretchko
Howard & Howard Attorneys PLLC
Paul R. Hage
Jaffe Raitt Heuer & Weiss
Wallace M. Handler
Sullivan, Ward, Asher & Patton, PC
Kimberly A. Kramer
Kimberly Kramer, P.L.C.
David A. Lerner
Plunkett Cooney, PC
Lisa K. Mullen
Office of the Chapter 13 Standing Trustee
Charissa Potts
Freedom Law, PC
Crystal L. Price-Buckley
Trott Law, P.C.
Craig S. Schoenherr Sr.
O'Reilly Rancilio P.C.
Hon. Walter Shapero (ret.)
Detroit
Hon. Phillip J. Shefferly
Chief Judge, U.S. Bankruptcy Court (E.D. Mich.)
Rules
QUALIFICATIONS/NATURE OF EVENT
Any accredited law school located in the Sixth Circuit (Michigan, Kentucky, Ohio and Tennessee) may enter one or two teams to participate in the Regional. The event is designed to serve as formal practice for the Sixth Circuit law schools that will be competing in the 2020 Duberstein Competition.
TEAMS
NUMBER AND COMPOSITION OF TEAMS
Each participating school may enter one or two teams, composed of two or three students each. All team members must be enrolled at the school that they represent at the time of the competition.
SUBSTITUTION OF TEAM MEMBERS
There shall be no substitution of team members after the Application Form is submitted, except upon written permission from the Regional.
BRIEFS
There shall be no brief submissions for the Regional. Competitors are scored on oral advocacy only.
ARGUMENTS
ROUNDS
A. IN GENERAL. Each team will argue in the preliminary round, with one argument for the petitioner and one argument for the respondent. The two teams with the highest scores in the preliminary round will advance to the final round.
B. PAIRINGS OF TEAMS. Pairings in the preliminary round will be chosen at random.
C. TIME AND PLACE. Oral arguments will take place on February 17, 2020, at the U.S. Bankruptcy Courthouse in Detroit.
ANNOUNCEMENT OF WINNING TEAM
The winner of the 2020 Shapero Cup will be announced at the Awards Reception.
SCORING
The scores for each round will be based on oral argument.
LENGTH OF ARGUMENTS
Each team is limited to thirty (30) minutes of oral argument. Two (2) team members will argue in each round. The division of the thirty (30) minutes allotted for oral argument may be made at the discretion of the team, but no team member shall be apportioned less than ten (10) minutes for oral argument. The petitioner may reserve up to three (3) minutes of rebuttal time prior to the commencement of the argument. Teams that reserve rebuttal time shall notify the judges and/or bailiff on how to deduct rebuttal time. Time reserved for rebuttal shall be counted as part of the thirty (30) minutes allotted for oral argument. Judges reserve the right to allow for additional time at their discretion.
BEST ORAL ADVOCATE
The competitor with the highest mean (average) score for oral argument will be chosen as the best oral advocate. The winner of the Best Oral Advocate Award will be announced at the Awards Reception.
OTHER RULES
ATTENDING OTHER ARGUMENTS
No team member, coach or faculty adviser of a team participating in the Regional may attend an argument of any other team during the preliminary round. The number of attendees to each argument is limited to the competing team members, their families, two coaches or two faculty advisors. All participants may attend, and are strongly encouraged to attend, the final round.
COMMUNICATION DURING ROUND
There shall be no communication in any form from any member of the audience, including other team members sitting in the audience, once a round has begun.
PENALTIES/AMENDMENTS
The Regional may assess such penalties, including disqualification, as it deems reasonable and appropriate for failure to comply with the foregoing rules. Any decisions, penalties or other actions taken by the Regional will be final and binding on all participants. The Regional reserves the right to make and implement any further rules and procedures deemed advisable for the conduct of this event.
EVENT CONTACT
Erin Finnegan, CMP
American Bankruptcy Institute
[email protected]Competing Schools
Patron Sponsors
Benefactor Sponsor
Host Sponsors
Supporting Sponsors
Honigman LLP
Hon. Steven Rhodes (Ret.)
Kilpatrick & Associates, P.C.
McDonald Hopkins
Miller Canfield
MorrisAnderson
Park-Rite
Plante Moran
Strobl Sharp PLLC
Varnum LLP
Warner Norcross & Judd LLPFriends
Karen E. Evangelista, PC
Pepper Hamilton LLP
Rehmann
Schafer & Weiner, PLLC
Silverman & Morris, P.L.L.C.
Trott Law, P.C.For sponsorship opportunities, please download the form and return to Erin Finnegan.
Event Information 280766
Platinum Sponsor
Silver Sponsors
Beverage Sponsors
Bronze Sponsors
Cohn Reznick
Fox Rothschild
OmniBecome a sponsor of the Duberstein Bankruptcy Moot Court Gala Awards event and support tomorrow’s professionals. Available packages are listed below and on the commitment form.
Platinum: $7,500
Exclusive sponsor of gift bag given to all attendees. Includes 6 tickets, full-page program ad and premium firm logo projected on wall at event. Sponsor to provide gift, to be approved by ABI.Gold: $5,000
Includes 5 tickets, full-page program ad and premium firm logo projected on wall at event.Beverage: $3,500
Includes 3 tickets, signature drink at event bar and firm logo projected at event.Silver: $1,500
Includes 2 tickets, half-page program ad and recognition at event.Bronze: $750
Includes 1 ticket and recognition at event.For more information on the Gala, please contact Jennifer Guirguis at [email protected].
For more information on sponsorship, please contact Sharisa Sloan at [email protected].
The gala program book will be distributed to all attendees. Congratulate your alma mater, fete a specific team or individual, or show your general support for the talented competitors by purchasing an ad in the commemorative program book.
Full Page $1,000 Half Page $550 Ticket and Ad Package: $3,700
Includes 10 tickets and full-page program ad.Journal Page Size:
6.5" x 9" with a .0625" border around each ad.Ad Dimensions:
- Full-Page Ad: 5.875" (Wide) x 8.375" (High) Live Area
- Half-Page Ad: 5.875" (Wide) x 4.1875" (High) Live Area
Ad Specifications:
Files should be submitted in the following format:- High Resolution (300 dpi)
- No crop marks or bleeds
- Please do not e-mail files larger than 6.5 Megabytes (MB)
Due Date for Ad Submissions:
Ads should be submitted to Jennifer Guirguis at [email protected] as soon as possible after purchase. The final deadline for inclusion in the printed program book is Monday, February 10, 2020. No ads can be accepted after this date.Please contact Jennifer Guirguis at [email protected] to place your program ad order.
Rates
Attendee Type Individual$300*Government$150*Rate increases to $350 on day of event.
Moot Court Participants Preliminary-Round Judge$250Brief-Grader$250Team Coach$195Student CompetitorComplimentary. You will be registered by ABI staff.Refund Policy:
We are unable to offer cancellations or refunds for the Duberstein Gala Awards program, but substitutions are welcome. To send a substitute, please do the following: Prior to February 27, 2020, email [email protected] with the name of the guest who will no longer be attending, as well as the new guest’s name. After February 27, 2020: On the day of the event, simply ask your substitute to pick up the name badge of the guest who is not attending, and notify the event staff. The guest will be directed to provide the event staff with their business card, and we will make a replacement name badge at that time.
Event Information 281304
Monday, February 3
6:00-7:30 p.m.
Opening Reception
Sponsored by C. Conde & Assoc. and Charles A. Cuprill Law Offices PSC
Tuesday, February 4
7:00-7:45 a.m.
Continental Breakfast
7:45-8:00 a.m.
Welcome and Opening Remarks
Rudy J. Cerone, Symposium Co-Chair
McGlinchey Stafford PLLC; New Orleans
Hon. Brian K. Tester, Judicial Chair
U.S. Bankruptcy Court (D. P.R.); San Juan
8:00-9:30 a.m.
The Impact of Technology on the Legal Profession, and Ethical Considerations to Avoid Malpractice
The rise of cutting-edge technology is greatly impacting the legal profession and the restructuring industry. Failure to know and understand such technology is a violation of many state Bar rules. This panel of experts will provide practical and ethical guidance related to the use of technology, along with practice pointers to avoid malpractice. Topics will include the Model Rules, state law rules and other regulations involving technology requirements, recommendations related to cybersecurity, data breaches and privacy, case law related to social media usage, and ways in which artificial intelligence is being used for research and discovery in various legal proceedings.
Jennifer Meyerowitz, Moderator
Summit Investment Management; Atlanta
Ashley A. Edwards
Parker Poe Adams & Bernstein LLP; Charlotte, N.C.
Bradley Koehler
Alvarez & Marsal; Jacksonville, Fla.
Travis Vandell
Stretto; Irvine, Calif.
9:30-10:30 a.m.
Concurrent Sessions (2)
Consumer Track: Final Report of the ABI Consumer Commission
The panelists will discuss the findings and recommendations of the ABI Commission on Consumer Bankruptcy, focusing on areas of great interest to the Commission within the broad categories addressed in the Final Report of the Commission: (1) Effectuating the Fresh Start; (2) Providing Creditor Certainty and Reducing Costs; (3) Facilitating Effective Access to Bankruptcy; (4) Making Chapter 13 Work for All Stakeholders; and (5) Systems Issues.
Hon. Eugene R. Wedoff (ret.), Moderator
Oak Park, Ill.
Alane A. Becket
Becket & Lee LLP; Malvern, Pa.
Rudy J. Cerone
McGlinchey Stafford PLLC; New Orleans
Business Track: Chapter 15 and Cross-Border Asset-Recovery Update
This panel will focus on the latest developments in how jurisdictions are working together, including an update on chapter 15s, a discussion of the UNCITRAL Model Law on group enterprises, the guide to enactment, and the model law on asset-recovery that is currently in the works. The panel will also discuss strategic methods for locating and preserving assets across borders.
Prof. Andrew Dawson, Moderator
University of Miami School of Law; Miami
Gregory S. Grossman
Sequor Law; Miami
Christopher J. Redmond
Redmond Law Firm LLC; Overland Park, Kan.
Maureen M. Ward
Bennett Jones LLP; Toronto
10:30-10:45 a.m.
Refreshment Break
Sponsored by Foley & Lardner, LLP
10:45-11:45 a.m.
Concurrent Sessions (2)
Consumer Track: Student Loan Update and the State of Higher Education Across Jurisdictions
This panel will discuss case law updates, legislative updates and student loan modification programs, as well as the latest developments in student loan dischargeability and how both the government and the courts are dealing with student loan forgiveness. The panelists also will address the latest developments in higher-education restructuring and liquidation, and why colleges and universities traditionally avoid filing for bankruptcy.
Anthony J. Guida, Jr., Moderator
Duane Morris LLP; San Diego
Marjorie E. Kaufman
Getzler Henrich & Associates LLC; Boston
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Robin R. Weiner
Office of the Standing Chapter 13 Trustee; Fort Lauderdale, Fla.
Business Track: Future Claims, Mass Torts, Channeling Injunctions and Nonconsensual Releases in Chapter 11 Plans
How to define, value and treat “future claims” in mass tort cases continues to challenge chapter 11 practitioners, financial advisors and the courts. This panel will discuss the arrangements for compensating tort victims whose claims may not have become fully ripe as of the petition date, with an eye toward recent decisions involving channeling injunctions and nonconsensual third-party releases. Courts and judges are split on exactly what constitutes “consent”: whether creditors are deemed to have given consent by voting in favor of (or not voting against) a plan, or whenever they must take the affirmative action of “opting in.”
Eric R. Goodman, Moderator
BakerHostetler; Orlando, Fla.
Carol L. Fox
GlassRatner Advisory & Capital Group LLC; Ft. Lauderdale, Fla.
Hon. Robert A. Mark
U.S. Bankruptcy Court (S.D. Fla.); Miami
Dania Slim
Pillsbury Winthrop Shaw Pittman LLP; Miami
11:45 a.m.-12:00 noon
Refreshment Break
Sponsored by McConnell Valdés LLC
12:00-1:15 p.m.
Concurrent Sessions (2)
Consumer Track: Consumer Bankruptcy Concerns, Both Present and Developing
This panel will discuss, among other issues, the challenges for debtors who want to retain their residential real property, mediation and valuation issues and the new chapter 13 plan form, as well as cryptocurrency and bankruptcy — what cryptocurrency is, how cryptocurrency trends affect bankruptcy, and whether a cryptocurrency debt may be discharged.
Hon. Enrique S. Lamoutte, Moderator
U.S. Bankruptcy Court (D. P.R.); San Juan
Juan A. Cuyar Cobb
Fernandez, Collins & Rivero-Vergne; San Juan, Puerto Rico
Edgardo Mangual Gonzalez
EMG Despacho Legal; San Juan, Puerto Rico
Alexander Nader
Federal Bureau of Investigation; Miami
Business Track: The Bankruptcy Trustee vs. Uncle Sam: Dividing the Proceeds of the Crime
Real world questions such as, “Should we do this?” and “What happens if I get caught?” rattle through the minds of fraudsters at one point or another. Exposed and amid criminal seizure and forfeiture actions imposed by the DOJ, SEC and other regulatory bodies, the once-masters of their universe have no other choice but to file for bankruptcy. This panel will explore financial crimes, including Ponzi and FCPA schemes, that have resulted in bankruptcy filings, and the conflict that ultimately arises between the bankruptcy estate and the federal government over the seized and forfeited assets. Topics will include asserting a legal interest in the assets, the look-back period, remedies to the bankruptcy estate and priority schemes.
Hon. Caryl E. Delano, Moderator
U.S. Bankruptcy Court (M.D. Fla.); Tampa
John R. Dodd
Greenburg Traurig, LLP; Miami
Evelyn B. Sheehan
Kobre & Kim LLP; Miami
Frank P. Terzo
Nelson Mullins Riley & Scarborough LLP; Fort Lauderdale, Fla.
1:15-2:30 p.m.
Networking Luncheon
2:30-3:45 p.m.
Consumer Track: Recent Developments in Chapter 13, Part 1
This panel will discuss all of the chapter 13 news that is and isn’t fit to print. What’s hot in recent chapter 13 decisions, including dead debtors, mindless judicial estoppel, sua sponte dismissals, objections to confirmation run amok, mortgage-servicing worse than Comcast, IRS standards on steroids, and other things you always wanted to know about chapter 13 but were afraid to ask.
Henry E. Hildebrand
Chapter 13 Trustee; Nashville, Tenn.
Hon. Keith M. Lundin (ret.)
Lundin on Chapter 13; Pittsburgh
3:45-4:00 p.m
Refreshment Break
4:00-5:15 p.m.
Consumer Track: Recent Developments in Chapter 13, Part 2
5:15-6:45 p.m.
Networking Reception
Sponsored by Bedell Cristin Cayman Partnership and The Tron Group, a DGC Business Partner
Wednesday, February 5
7:45-8:45 a.m.
Breakfast with the Judges
8:45-9:45 a.m.
Concurrent Sessions (2)
Financial Advisors Track (NEW): Bankruptcy 101: Bankruptcy Basics for Financial Advisors
This introductory session is designed for financial advisors with minimal bankruptcy experience. The panelists will discuss bankruptcy basics, including retention (conflict checks and applications to employ), getting paid (fee applications and interim invoicing orders), types of bankruptcies (the differences between cases under chapters 11, 7 and chapter 15, and conversion from chapter 11 to chapter 7), standard bankruptcy forms (dockets, claims registers and bankruptcy forms, including bankruptcy schedules, Statement of Financial Affairs, proofs of claim and monthly operating reports) and U.S. Trustee fees.
Arnaldo Garcia
CPA; San Juan, Puerto Rico
Kathryn B. McGlynn
New York
Jose M. Monge Robertin
San Juan & Caguas, PR
Nellwyn Voorhies
Donlin Recano & Co., Inc.; San Diego
Business Track: A Primer on Small Business Bankruptcies and How to Confirm Plans in Small Business Cases
This panel will open with a mock interview featuring a client who has a business that could qualify as a small business under the new Small Business Restructuring Act of 2019. Three panelists will then discuss the two (or three) different options and what the attorney should consider before advising the client on which path the client should follow. The scenario will include facts that could create issues under any scenario (for example, the cost of a “regular” chapter 11 versus the problem with getting votes versus the short time frames of a small business chapter 11 and whether those time frames can be met).
Hon. Laurel M. Isicoff, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Sonia Colón
Ferraiuoli, LLC; Orlando, Fla.
Wigberto Lugo-Mender, Jr.
Lugo Mender Group LLC; San Juan, Puerto Rico
Zach B. Shelomith
Leiderman Shelomith Alexander + Somodevilla, PLLC; Fort Lauderdale, Fla.
9:45-10:00 a.m.
Refreshment Break
10:00-11:30 a.m.
Concurrent Sessions (2)
Financial Advisors Track: The Financial Advisor’s Role in Business Bankruptcy Cases
I’m employed! Now what? This panel will provide an overview of the financial advisor’s role in business bankruptcy cases, including gathering pre-petition data (e.g., two-year disbursement activity, financial statements, appraisals, insurance policies, payroll registers), preparing bankruptcy forms (bankruptcy schedules, Statements of Financial Affairs (SOFAs), monthly operating reports), investigating preferences and fraudulent transfers, tax-reporting requirements (pre-petition tax returns, payroll tax returns), and winding down pre-petition profit-sharing and retirement plans.
Shanté M. George
Baker Tilly Virchow Krause, LLP; New York
Melissa M. Root
Jenner & Block; Chicago
Albert Tamarez-Vasquez
Tamarez CPA, LLC; San Juan, Puerto Rico
Robert P. Wexler
The Tron Group, a DGC Business Partner; Boston
Business Track: Chapter 11: Practical Skills and Case Law Update
This panel will provide a “chapter 11 crash course” for attorneys who are new to chapter 11 practice or who are looking for an overall refresher and update on chapter 11 basics and trends. The panelists will begin with a discussion of the different uses of chapter 11 (voluntary vs. involuntary; reorganization vs. liquidation; plan vs. § 363 sale). The panel will then discuss litigation skills and practice pointers for chapter 11 attorneys, concluding with a discussion of recent “hot topic” case law developments in the chapter 11 context of which every chapter 11 attorney should be aware.
Hon. Enrique S. Lamoutte, Moderator
U.S. Bankruptcy Court (D. P.R.); San Juan
Antonio A. Arias-Larcada
McConnell Valdés LLC; San Juan, Puerto Rico
Carmen D. Conde-Torres
C. Conde & Associates; San Juan, Puerto Rico
Carlos Infante Gutiérrez
Estrella, LLC; San Juan, Puerto Rico
Luis M. Lluberas
Moore & Van Allen PLLC; Charlotte, N.C.
11:30 a.m.-12:30 p.m.
Concurrent Sessions (2)
Financial Advisors Track: The Financial Advisor’s Role in Complex Chapter 11 Cases
This panel will focus on the financial advisor’s role in a complex chapter 11 case in what is sure to be a fast-paced and lively discussion. The panelists will focus on pre-bankruptcy planning (13-week cash flow, identification of critical vendors, WARN Act considerations, preservation of pre-petition records), DIP financing (cash-collateral budgets (i.e., 13-week cash forecast), weekly monitoring of cash flow), first-day motions (critical vendors, suppliers, cash management (including permission to use pre-petition bank accounts, honoring outstanding checks and intercompany transactions), employees, insurance, industry-specific considerations (i.e., health care, mining, energy, etc.)), plans of reorganization (plan-support agreements and negotiations of the terms of a plan, identification of classes of creditors) and disclosure statements (feasibility, liquidation analysis).
Maria M. Yip, Moderator
Yip Associates; Miami
Christian Alcala
BMS, LLC; San Juan, Puerto Rico
Aida Escribano
BDO; San Juan, Puerto Rico
Franklind D. Lea
Tactical Financial Consulting; Alpharetta, Ga.
Business Track: Cannabis Businesses and Cannabis-Related Income Streams in Chapter 11 Cases
This panel will explore how and whether participants in the cannabis industry (i.e., landlords, employees, business partners) can utilize the Bankruptcy Code to obtain bankruptcy relief. The panel will first discuss bankruptcy cases involving debtors with varying levels of interaction with the cannabis industry, ranging from debtors who grow marijuana to those whose businesses merely interact with the cannabis industry. The panel will then discuss the Garvin case from the Ninth Circuit (and perhaps others), where the court confirmed a chapter 11 plan involving a debtor who rented property to a marijuana business. The panel will conclude with a discussion of other insolvency options for entities engaged in businesses related to the marijuana industry (i.e., state court assignments for the benefit of creditors).
Alan R. Rosenberg, Moderator
Markowitz Ringel Trusty & Hartog, P.A.; Miami
Allison R. Day
Genovese Joblove & Battista, P.A.; Miami
Hon. Keith M. Lundin (ret.)
Lundin on Chapter 13; Pittsburgh
Carolina Velaz Rivero
Marini Pietrantoni Muñiz LLC; San Juan, Puerto Rico
12:30 p.m.
Adjourn
Conference Chairs
Rudy J. Cerone, Co-Chair
McGlinchey Stafford, PLLC; New Orleans, LA
Zachary H. Smith, Co-Chair
Moore & Van Allen PLLC, Charlotte, NC
Hon. Robert A. Mark, Judicial Chair (Miami)
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Brian K. Tester, Judicial Chair (Caribbean)
U.S. Bankruptcy Court (D. P.R.); San Juan
Advisory Board
Joaquin J. Alemany
Holland & Knight LLP; Miami
Vincent F. Alexander
Lewis Brisbois; Ft. Lauderdale, Fla.
Katherine R. Catenese
Foley & Lardner, LLP; New York
Sonia Colon
Ferraiuoili, LLC; Orlando, Fla.
Carmen D. Conde-Torres
C. Conde & Associates; San Juan, P.R.
Melissa Davis
Kapila Mukamal; Ft. Lauderdale, Fla.
Prof. Andrew B. Dawson
University of Miami School of Law; Miami
Allison Day
Genovese, Joblove & Battista, P.A.; Miami
Carol Fox
Glass Ratner Advisory & Capital Group; New York
Mariaelena Gayo-Guitian
Genovese Joblove & Battista, PA; Fort Lauderdale, Fla.
Tiffany P. Geyer
Baker Hostetler, LLP; Orlando, Fla.
Gregory S. Grossman
Sequor Law; Miami
Laura S. Hatfield
Bidell Christin; Grand Cayman
Rebecca Hume
Kobre & Kim; Grand Cayman
Carlos Infante
U.S. BankruptcyCourt (D. P.R.); San Juan
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Christopher Jarniven
Richards Kibbe & Orbe; New York
Paul Keenan
Greenberg Traurig; Miami
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
James C. Leda
Krys Global; New York
Edgardo Mangual-Gonzalez
EMG Despacho Legal, CRL; Arena Metro, P.R.
Luis Marini-Biaggi
Marini Pietrantoni Muniz; San Juan, P.R.
Jennifer M. Meyerowtiz
Summit Investment Management; Atlanta, GA
Patricia A. Redmond
Stearns Weaver Miller Weissler Alhadeff & Sitterson PA; Miami
Alan Rosenberg
Markowitz, Ringel Trusty & Hartog, PA; Miami
David Samole
Kozyak Tropin & Throckmorton; Coral Gables, Fla.
Dania Slim
Pillsbury Winthrop Shaw Pittman LLP; Palm Beach, Fla.
Frank Terzo
Nelson Mullins Broad & Cassell, Ft. Lauderdale, Fla.
Platinum Sponsor
Gold Sponsor
Jenner & Block, Inc
Marini Pietrantoni Muñiz LLCSilver Sponsor
BakerHostetler
Bedell Cristin Cayman Partnership
C. Conde & Associates
Charles A. Cuprill Law Offices PSCEstrella, LLC
Ferraiuoli, LLC
Foley & Lardner, LLP
Genovese Joblove & Battista, P.A.
Greenberg Traurig, LLP
McConnell Valdés LLC
McGlinchey Stafford PLLC
Moore & Van Allen PLLC
Nelson Mullins Riley & Scarborough LLP
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA
DGC & The Tron GroupBronze Sponsor
Berger Singerman LLP
BDO in Puerto Rico
Business Management Solutions, LLC
Edgardo Mangual GonzálezEscribano and Colegio de CPAs
GlassRatner Advisory & Capital Group
Holland & Knight LLPKobre & Kim
Kozyak Tropin & Throckmorton LLP
Lewis Brisbois Bisgaard & Smith LLP
Markowitz Ringel Trusty & Hartog, P.A.
Pillsbury Winthrop Shaw Pittman LLPSummit Investment Management, LLC
Tamarez CPA, LLC
Yip AssociatesHotel
Hotel
Discover the warmth of the Caribbean and the charming hospitality of Puerto Rico at the newly renovated El San Juan Hotel in San Juan. Located in the fashionable Isla Verde district, this charming resort is nestled along the most beautiful beach on the island and surrounded by 15 lush acres of landscaped grounds — perfectly blending tropical splendor with old-world sophistication. Spend your days relaxing on the white-sand beach, then explore the thrilling nightlife of the city, or test your luck at the resort casino.
ABI has arranged for a special conference rate of $399 single/double. To secure this special rate, reservations must be made by January 2, 2020. The ABI special rate is very limited and is available on a first-come, first-served basis. ABI cannot guarantee availability at the resort. You can make your reservation directly with the hotel by contacting its Reservations Department at (844) 863-0331 and identifying yourself with the Caribbean Insolvency Symposium/ABI room block.
Travel
El San Juan Hotel is conveniently located only 10 minutes from Luis Muñoz Marin International Airport.
Continuing Education Credit
This program is eligible for 10.5 hours of general CLE credit, including 1.5 hours of ethics/professionalism, in states calculating CLE on a 60-minute hour, and 12.6 hours of general CLE credit, including 1.8 hours of ethics/professionalism, in 50-minute-hour states. Credit hours are estimated and 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 10.5 hours, of which 1.5 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 12.5 credit hours, of which 11 credit hours can be applied toward the professional practice requirement and 1.5 credit hours can be applied toward the ethics professionalism requirement.
12.5 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 [email protected].
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by January 13, 2020. No refunds will be made if notice is received after January 13, although substitutions will be allowed. After January 13, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Rates
Registration Rates* Early Bird
(by 11/22/19)Regular
(11/23/19-1/3/20)Late
(after 1/3/20)ABI Member$420$470$520Join ABI and Save*$745$795$845ABI Non-Member Rate$795$845$895Govt./Aca. ABI Member$270$320$370Govt./Aca. ABI Non-Member*$365$415$465* Includes a one-year membership for first-time members only — a $350 value! Membership is individual and nonrefundable. If your membership has expired, choose the member rate and add in your renewal fee.
Event Information 281548
Wednesday, February 26
9:30 a.m.-3:45 p.m.
Complex Financial Restructuring Program at VALCON*
*Add-on at registration
2:00 p.m.
VALCON 2020 Registration Opens
3:30-3:40 p.m.
VALCON 2020 Welcoming Remarks
3:40-4:00 p.m.
VALCON 2020 Case Study Cram Session
4:00-5:30 p.m. (1.50 hrs.)
Case Study in Conjunction with the 2020 Complex Financial Restructuring Program: The Challenges in Valuing and Restructuring Distressed Continuing Care Retirement Facilities (CCRCs)
This panel will use a case study approach and mock negotiations to work through restructuring options for a financially distressed continuing care retirement facility (CCRC). The case focuses on issues related to valuation, regulatory constraints, refund obligations, and the legal rights and remedies of the company and its creditors.
Michael Friedman, Moderator
Chapman and Cutler LLP; New York
Larry G. Halperin
Chapman and Cutler LLP; New York
Prof. C. Randel Lewis
University of Denver Daniels College of Business; Denver
Todd M. Patnode
Deloitte CRG; Dallas
Prof. David C. Smith
University of Virginia McIntire School of Commerce; Charlottesville, Va.
5:30-6:30 p.m.
Opening Networking Reception with the Participants of the 2020 Complex Financial Restructuring Program
Sponsored by Baker Tilly Virchow Krause, LLP
Join us for drinks and hors d’oeuvres with faculty and participants.
Thursday, February 27
8:00-9:00 a.m.
Registration and Networking Breakfast
9:00-9:10 a.m.
Welcome & Opening Remarks
9:10-10:25 a.m. (1.25 hrs.)
Hot Topics in Valuation
Valuation is at the center of the vast majority of bankruptcy proceedings and litigation. This panel will discuss several highly contested issues, including valuation inputs, which are based on professional judgment, challenging market-based evidence, the role of hindsight in valuation, and tax attributes and the tax reform law as valuation’s X-factor.
Prof. Israel Shaked, Moderator
Boston University/The Michel-Shaked Group; Boston
David M. Hillman
Proskauer; New York
Allen Pfeiffer
Duff & Phelps, LLC; New York
David T. Plastino
EY; Boston
10:25-10:45 a.m.
Coffee Break
Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP
10:45 a.m.-12:00 noon (1.25 hrs.)
Concurrent Sessions (2)
Valuation of Litigation Claims and Causes of Action in Bankruptcy
As more restructuring cases focus on litigation recoveries (the prosecution of pre-petition fraudulent-conveyance actions, breach-of-duty actions, etc.), recoveries to creditors are more driven than ever by the values realized through the prosecution (and/or settlement) of such actions. This panel will focus on how fund managers analyze these types of litigation, how professionals prosecute (and defend) these litigations, and the roles that financial advisors play in the same.
Andrew N. Goldman, Moderator
Wilmer Cutler Pickering Hale and Dorr LLP; New York
David M. Dunn
Cross Sound Management LLC; Wilton, Conn.
Craig A. Jacobson
GlassRatner Advisory & Capital Group LLC; New York
Peter Kravitz
Province; Henderson, NV
Sidney P. Levinson
Debevoise & Plimpton LLP; New York
The Latest Investment Banking, Turnaround and Legal Insights on Rapid Changes in Grocery Retail
This panel will discuss grocery retailers surviving the challenges from warehouse clubs, drug stores, convenience stores, online shopping and evolving consumer tastes, as well as the “meat and potatoes” of grocery valuation and when turnaround is possible. The panelists will also provide a “how-to guide” for vetting management’s business plans and selecting the correct
alpha factor.Anup Sathy, Moderator
Kirkland & Ellis LLP; Chicago
Stephen J. Antinelli
Rothschild & Co.; New York
Jeffrey J. Stegenga
Alvarez & Marsal; Dallas
12:00-12:30 p.m.
Luncheon
Sponsored by KCC
12:30-1:30 p.m. (1.00 hr.)
Luncheon Keynote Presentation
Sponsored by KCC
John “Jack” Wm. Butler, Jr.
Birch Lake Holdings, L.P.; Chicago
Hon. Kevin J. Carey (Ret.)
Hogan Lovells US LLP; Philadelphia
1:30-1:40 p.m.
Refreshment Break
1:40-2:55 p.m. (1.25 hrs.)
Concurrent Sessions (2)
Valuation of Intangible Assets and Non-Debt Liabilities
From patents and trademarks to pensions and OPEB, this panel will tackle balance-sheet items that often fall into the gray areas of restructuring valuation.
Diana A. Hopkins, Moderator
BDO Consulting; New York
Matthew J. Hart
Jefferies Financial Group Inc.; New York
Timothy Hoffmann
Jones Day; Chicago
Michael Lasinski
Ankura Consulting Group, LLC; Ann Arbor, Mich.
Cross-Border Valuation Issues
Globalization and evolving insolvency regimes worldwide are continuing to drive interesting and novel valuation developments in cross-border restructuring cases. This session will discuss these issues and more.
James L. Bromley, Moderator
Sullivan & Cromwell LLP; New York
Ryan Preston Dahl
Weil, Gotshal & Manges LLP; New York
Rebecca A. Roof
AlixPartners, LLP; Houston
John Singh
PJT Partners Inc.; New York
2:55-3:00 p.m.
Break to Change Rooms
3:00-4:00 p.m. (1.00 hr.)
Diminution in Value Claims
During this session, the panel will focus on mechanisms for measuring diminution in value claims, with a focus on commodities — including recent E&P cases — and whether commodity fluctuation should be considered for purposes of weighing those claims.
Marti P. Murray, Moderator
The Brattle Group, Inc.; New York
Hon. Kevin J. Carey (Ret.)
Hogan Lovells US LLP; Philadelphia
Ben Ilhardt
Houlihan Lokey; Chicago
Laureen M. Ryan
Alvarez & Marsal; New York
Mark A. Salzberg
Squire Patton Boggs; Washington, D.C.
4:00-4:15 p.m.
Refreshment Break
Sponsored by Development Specialists, Inc.
4:15-5:30 p.m. (1.25 hrs.)
Valuation Meets the Amazing Kreskin: Valuing Contingent Assets and Liabilities
Beyond Xonics and retrojection, this panel will explore techniques and legal theories for valuing contingent liabilities and assets when assessing insolvency as compared to GAAP and financial reporting rules.
Patricia B. Tomasco, Moderator
Quinn Emanuel Urquhart & Sullivan, LLP; Houston
Alice B. Eaton
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York/p>
Jeffrey Kopa
AlixPartners, LLP; Chicago
Perry Mandarino
B. Riley FBR, Inc.; New York
5:30-6:30 p.m.
Networking Reception
Join us for drinks and hors d’oeuvres with faculty and participants.
Friday, February 28
8:00-8:30 a.m.
Networking Breakfast
Sponsored by Grant Thornton LLP
8:30-9:30 a.m. (1.00 hr.)
Financial Expert Depositions: The Dos, the Don’ts, and Everything in Between
Employing real-time deposition simulations, this distinguished and experienced panel will amplify the recurring tricks, trade and troubles that financial experts and counsel must confront in the preparation and defense of an expert’s opinion. The panel will focus on sophisticated preparation strategies, the importance and role of the expert report, and various tactics and strategies embraced by counsel in taking or defending an effective expert deposition. The panel will also explore the “rights” of an expert in a deposition that ranges from the mundane-but-necessary to the combative-if-not-outrageous.
Julia Frost-Davies
Morgan, Lewis & Bockius LLP; Boston
Elizabeth Carol Freeman
Jackson Walker; Houston
Yvette Austin Smith
The Brattle Group, Inc.; New York
Michael D. Warner
Cole Schotz P.C.; Fort Worth
9:30-9:45 a.m.
Coffee Break
9:45-10:45 a.m. (1.00 hr.)
Expert Pitfalls — and Ways to Avoid Them
After the analysis comes the hard part of being an expert: reports, depositions and testimony. Learn pro tips from some of the industry’s leading expert witnesses and litigators to ensure that your skills shine and you avoid potentially disastrous traps (or that you recover from them when they emerge).
William Q. Derrough
Moelis & Company; New York
Jeffrey Dunn
Berkeley Research Group; New York
Thomas J. Moloney
Cleary Gottlieb Steen & Hamilton LLP; New York
Dr. Faten Sabry
NERA Economic Consulting; New York
David M. Zensky
Akin Gump Strauss Hauer & Feld LLP; New York
10:45-11:45 a.m. (1.00 hr.)
Alix v. McKinsey: 2014 Issues and Ethics
M. Douglas Flahaut, Moderator
Arent Fox LLP; Los Angeles
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Hon. Barbara J. Houser
U.S. Bankruptcy Court (N.D. Texas); Dallas
11:45 a.m.
Adjourn
Co-Chairs
Patricia B. Tomasco
Quinn Emanuel Urquhart & Sullivan, LLP; Houston
Jack F. Williams
Baker Tilly Virchow Krause, LLP; Atlanta
Advisory Board
Steven M. Abramowitz
Vinson & Elkins LLP; New York
George P. Angelich
Arent Fox LLP; New York
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP; New York
John “Jack” Wm. Butler, Jr.
Birch Lake Holdings, L.P.; Chicago
R. Brian Calvert
Development Specialists, Inc.; Los Angeles
Sylvia Cho
Grant Thornton LLP; Chicago
Steven Cimalore
Wilmington Trust; Wilmington, Del.
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Stephen B. Darr
Huron Consulting Group Inc.; Boston
Adam Dunayer
Houlihan Lokey; Dallas
Jeffrey R. Dunn
Berkeley Research Group, LLC; New York
Van C. Durrer, II
Skadden, Arps, Slate, Meagher & Flom LLP; Los Angeles
Leah M. Eisenberg
Foley & Lardner LLP; New York
Steven J. Fleming
PwC; New York
Gregory W. Fox
Goodwin Procter LLP; New York
Michael Friedman
Chapman and Cutler LLP; New York
Andrew N. Goldman
WilmerHale; New York
Matthew J. Hart
Jefferies LLC; New York
Bradley E. Henn
FTI Consulting, Inc.; New York
David M. Hillman
Proskauer; New York
Gary T. Holtzer
Weil, Gotshal & Manges LLP; New York
Diana A. Hopkins
BDO USA, LLP; New York
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Robert Jordan
KCC; New York
Adam B. Keil
Moelis & Company; New York
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Dustin Lough
CR3 Partners LLC; Charlotte, N.C.
James M. Lukenda
Association of Insolvency & Restructuring Advisors; Montclair, NY
Kenneth J. Malek
MalekRemian; Libertyville, Ill.
Rachel Jaffe Mauceri
Morgan, Lewis & Bockius LLP; Philadelphia
Deirdre A. McGuinness
Epiq; New York
Peter S. Partee
Hunton Andrews Kurth; New York
Richard Peil
GlassRatner Advisory & Capital Group LLC; Phoenix
Allen Pfeiffer
Duff & Phelps, LLC; New York
David W. Prager
Goldin Associates, LLC: New York
Amy Quackenboss
Executive Director, American Bankruptcy Institute; Alexandria, VA
Barry G. Radick
Alvarez & Marsal; New York
Jeffrey N. Rothleder
Squire Patton Boggs; Washington, D.C.
Dr. Faten Sabry
NERA Economic Consulting; New York
Prof. Israel Shaked
Boston University/The Michel-Shaked Group; Boston
Robert J. Stark
Brown Rudnick LLP; New York
Thomas Studebaker
AlixPartners LLP; Boston
Ross Waetzman
Gavin/Solmonese LLC; Wilmington, Del.
Antony Walker
CohnReznick LLP; Dallas
Steven T. Waterman
Dorsey & Whitney LLP; Salt Lake City
Allen D. Wilen
EisnerAmper LLP; Iselin, N.J.
Event Sponsors
General Sponsors
Akin Gump Strauss Hauer & Feld LLP
Alvarez & Marsal
Arent Fox LLP
BDO USA, LLP
Berkeley Research Group, LLC
Birch Lake Holdings, LP
Brown Rudnick LLP
CohnReznick LLP
Dorsey & Whitney LLP
Duff & Phelps, LLC
EisnerAmper LLP
Epiq
Foley & Lardner LLP
GlassRatner Advisory & Capital Group LLC
Goldin Associates, LLC
Goodwin Procter LLP
Houlihan Lokey
Hughes Hubbard & Reed LLP
Hunton Andrews Kurth LLP
Huron Consulting Group, Inc.
Jefferies LLC
MalekRemian LLC
Moelis & Company
Morgan Lewis & Bockius LLP
NERA Economic Consulting
Proskauer
Quinn Emanuel Urquhart & Sullivan LLP
Squire Patton Boggs
The Michel-Shaked Group
Vinson & Elkins LLP
Weil, Gotshal & Manges LLP
WilmerHaleExhibit Hall Sponsor
Conference Information
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 and AIRA have arranged a special conference rate of $229 per night from February 26-28, 2020. Reservations must be made directly with the hotel prior to February 4, 2020, to take advantage of the special conference rate. In order to be eligible for the group rate, reservations may be made only 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 any rooms after the specially rated ABI/AIRA block is filled.
Travel
Air: Fly into McCarran International Airport (LAS).
Continuing Education
This program is eligible for 11 hours of general CLE credit, including 1 hour of ethics/professionalism, in states calculating CLE on a 60-minute hour, and 13.2 hours of general CLE credit, including 1.2 hours of ethics/professionalism, in 50-minute-hour states. Credit hours are estimated and 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 11 hours, of which 1 hour 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 13 credit hours, of which 12 credit hours can be applied toward the professional practice requirement and 1 credit hour can be applied toward the ethics professionalism requirement.
13 hours of CPE credit, including 1 hour of ethics, are also available.
*ABI and AIRA offer 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.
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, ABI may allow the individual to work at the 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. Financial assistance is available for this program; all applications for financial assistance must be submitted by January 17, 2020. For more information or to request an application, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].
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 February 5, 2020. No refunds will be granted after February 5, but substitutions will be allowed. After February 5, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year. Email Allyson Donohue at [email protected] with any questions.
VALCON 2020 Registration Rates
Registration Rates Early
(by 12/20/19)Regular
(12/21/19-2/7/20)Late
(after 2/7/20)ABI/AIRA Member $745$795 $845Gov't./Aca./Nonprofit ABI/AIRA Member $345$395 $445New ABI/AIRA Member* $1,070$1,120 $1,170New Gov't./Aca./Nonprofit ABI/AIRA Member* $440$490 $540*Includes a one-year ABI and AIRA membership for first-time members only — a $645 value! You must be an ABI or AIRA 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.
VALCON 2020 & CFRP 2020 Joint Registration Rates
Registration Rates Early
(by 12/20/19)Regular
(12/21/19-2/7/20)Late
(after 2/7/20)ABI/AIRA Member $995$1,075 $1,125Gov't./Aca./Nonprofit ABI/AIRA Member $550$600 $650New ABI/AIRA Member* $1,320$1,400 $1,450New Gov't./Aca./Nonprofit ABI/AIRA Member* $645$695 $745*Includes a one-year ABI and AIRA membership for first-time members only — a $645 value! You must be an ABI or AIRA 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.
CFRP 2020 Registration Rates
Registration Rates Early
(by 12/20/19)Regular
(12/21/19-2/7/20)Late
(after 2/7/20)ABI Member $545$595 $645Gov't./Aca./Nonprofit ABI Member $345$395 $445Join and Save* $870$920 $970New Gov't./Aca./Nonprofit ABI/AIRA Member* $440$490 $540*Includes a one-year ABI membership for first-time members only — a $350 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.
Event Information 281850
Wednesday, March 18
8:00-9:00 a.m.
Breakfast and Registration
9:00-9:15 a.m.
Welcome by Conference Leadership
9:15-10:30 a.m.
Plenary Session
The Great Divide: Overview of Circuit Splits on Current Issues
This panel of legal experts will break down topical circuit-level and bankruptcy court rulings that are dividing circuits across the country, including debt recharacterization, equitable mootness, U.S. Trustee quarterly fees, In re Till, jurisdiction over claims/issues arising around the Social Security Act, and sufficiency of collateral descriptions in UCC-1 financing statements. Do you know where your circuit stands on these issues?
Hon. William J. Lafferty, III, Moderator
U.S. Bankruptcy Court (N.D. Cal.); Oakland
Amir Gamliel
Perkins Coie LLP; Los Angeles
David B. Golubchik
Levene, Neale, Bender, Yoo & Brill L.L.P.; Los Angeles
Kenneth P. Kansa
Sidley Austin LLP; Chicago
Jordana L. Renert
Arent Fox LLP; New York
10:30-10:45 a.m.
Break
Sponsored by Polsinelli
10:45 a.m.- 12:00 noon
Concurrent Sessions (2)
How State LLC and Partnership Acts May Limit the Estate’s Rights to Manage, Control and Sell
This panel will discuss the conflict between state LLC and partnership acts and the Bankruptcy Code, and how those state acts might impact the rights of the estate, including the right to manage and control LLCs and partnerships, and the right to sell interests in LLCs and partnerships. The panel will discuss the implications of court decisions treating LLC operating agreements and partnership agreements as executory contracts, and court decisions treating rights of first refusal, buyout rights and other ipso facto provisions (such as removal of the debtor as the manager upon bankruptcy) as enforceable in bankruptcy.
Hon. Deborah J. Saltzman, Moderator
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Ted A. Dillman
Latham & Watkins; Los Angeles
David M. Guess
Greenberg Traurig, LLP; Irvine, Calif.
Roye Zur
Elkins Kalt Weintraub Reuben Gartside LLP; Los Angeles
Intellectual Property and the Entertainment Industry: Tempnology and Beyond
In Tempnology, the U.S. Supreme Court addressed the effect of a licensor rejecting a trademark license and held that the rejection of an executory contract does not constitute a rescission of the agreement. This panel will discuss the bases and rationales for the Court’s holding in Tempnology, the potential impact of the decision on the treatment of intellectual property, and other novel rejection, assumption, sale and assignment issues relating to entertainment assets in bankruptcy.
Paul R. Glassman, Moderator
Stradling Yocca Carlson & Rauth, P.C.; Santa Monica
Brian L. Davidoff
Greenberg Glusker Fields Claman & Machtinger LLP; Los Angeles
Michael T. Delaney
Robins Kaplan LLP; Los Angeles
Joshua Pichinson
AgencyIP; Santa Clara
12:00-12:30 p.m.
Luncheon
Sponsored by Loeb & Loeb LLP and Pachulski Stang Ziehl & Jones LLP
12:30-1:15 p.m.
Keynote Presentation
Recession in 2020
Will 2020 mark the end of the longest expansion in U.S. post-WWII history? What sectors will be hit the hardest? Will this be a mild recession? The data point to some answers from the Federal Reserve. They also give us solid clues as to the ultimate dislocation associated with U.S. foreign trade policy, particularly with respect to China.
Dr. Jerry Nickelsburg
UCLA Anderson School of Management; Los Angeles
1:30-2:45 p.m.
Concurrent Sessions (2)
Sales of Health Care Entities in Bankruptcy
The health care industry is financially challenged nationally, and California has had its fair share of health care industry bankruptcy cases in the past five years. Most of these cases result in a sale of all or substantially all assets under § 363. However, sales of health care industry assets raise many unique issues and complicate familiar issues. For example, half of the U.S.’s hospitals are nonprofit, and the intersection of the Bankruptcy Code’s rules for sales of nonprofit assets, California laws related to the sales of nonprofit health care entities, and the Bankruptcy Code and Bankruptcy Rules dealing with § 363 sales generally create a morass not found in the sales of other assets. What happens if the highest bid is not the “best” bid in terms of continuing a facility’s charitable mission? How does one evaluate the best bid when comparing bids that may have very different uses for the facility? This panel will explore these and other unique issues that arise in the bankruptcy sale of a health care entity.
Rebecca J. Winthrop, Moderator
Norton Rose Fulbright US LLP; Los Angeles
Hon. Scott C. Clarkson
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
Elan Levey
United States Attorney's Office; Los Angeles
Samuel R. Maizel
Dentons; Los Angeles
Andrew H. Sherman
Sills Cummis & Gross P.C.; Newark, N.J.
Lessons Learned from PG&E
The PG&E bankruptcy cases have involved a number of novel issues and conflicting perspectives. This panel will explore and discuss the battles fought and lessons learned in one of the most significant California bankruptcy cases in recent times.
Mary Ann Kaptain, Moderator
FTI Consulting, Inc.; Los Angeles
Gregory A. Bray
Milbank LLP; Los Angeles
Cecily A. Dumas
BakerHostetler; Los Angeles
Alan W. Kornberg
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Jeffrey M. Reisner
McDermott Will & Emery; Los Angeles
2:45-3:00 p.m.
Break
Sponsored by Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC
3:00-4:15 p.m.
Plenary Session
Crossfire
This panel will be conducted in the format of current-events TV program “Crossfire” and will address three “hot” or “interesting” bankruptcy issues that are not being addressed in the other sessions.
Paul D. Buie, Moderator
Onyx Asset Advisors; Los Angeles
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Hon. Neil Bason
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Hon. Sheri Bluebond
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
J. Scott Bovitz
Bovitz & Spitzer; Los Angeles
Hon. Julia W. Brand
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Leslie Cohen
Leslie Cohen Law PC; Santa Monica
Caroline R. Djang
Best Best & Krieger LLP; Irvine
Robbin L. Itkin
DLA Piper; Los Angeles
William N. Lobel
Pachulski Stang Ziehl & Jones; Los Angeles
Corey R. Weber
Brutzkus Gubner; Woodland Hills
Hon. Scott H. Yun
U.S. Bankruptcy Court (C.D. Cal.); Riverside
Hon. Vincent P. Zurzolo
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
4:15-6:00 p.m.
Reception
Sponsored by GlassRatner
Co-Chairs
Kyra E. Andrassy
Smiley Wang-Ekvall, LLP; Costa Mesa
Randye B. Soref
Polsinelli LLP; Los Angeles
Judicial Chair
Hon. Deborah J. Saltzman
U.S. Bankruptcy Court (C.D. Cal.); Los Angeles
Advisory Board
Erin N. Brady
Hogan Lovells; Los Angeles
Paul D. Buie
Onyx Asset Advisors; Los Angeles
Anthony R. Calascibetta
EisnerAmper LLP; Iselin, N.J.
Leslie Cohen
Leslie Cohen Law PC; Santa Monica
Brian L. Davidoff
Greenberg Glusker Fields Claman & Machtinger LLP; Los Angeles
Michael T. Delaney
Robins Kaplan LLP; Los Angeles
Caroline R. Djang
Best Best & Krieger LLP; Irvine
Uchechi Egeonuigwe
Brown Rudnick LLP; New York
John-Patrick M. Fritz
Levene, Neale, Bender, Yoo & Brill L.L.P.; Los Angeles
Amir Gamliel
Perkins Coie LLP; Los Angeles
Paul R. Glassman
Stradling Yocca Carlson & Rauth, P.C.; Santa Monica
Eric Goldberg
DLA Piper; Los Angeles
Seth Goldman
Munger, Tolles & Olson LLP; Los Angeles
Richard H. Golubow
Winthrop Couchot Golubow Hollander, LLP; Newport Beach
David M. Guess
Greenberg Traurig, LLP; Irvine, Calif.
Christopher V. Hawkins
Sullivan Hill Rez & Engel, APLC; San Diego
J. Michael Issa
GlassRatner Advisory & Capital Group LLC; Irvine
Thomas P. Jeremiassen
Development Specialists, Inc.; Los Angeles
Lance N. Jurich
Loeb & Loeb LLP; Los Angeles
Mary Ann Kaptain
FTI Consulting, Inc.; Los Angeles
Haig M. Maghakian
Glendon Capital Management LP; Los Angeles
Samuel R. Maizel
Dentons; Los Angeles
Kyle J. Mathews
Sheppard, Mullin, Richter & Hampton LLP; Los Angeles
Jennifer E. Mercer
Paladin Management Group; Los Angeles
Byron Z. Moldo
Ervin Cohen & Jessup LLP; Beverly Hills
Samuel Newman
Sidley Austin LLP; Los Angeles
Aram Ordubegian
Arent Fox LLP; Los Angeles
Kimberly A. Posin
Latham & Watkins; Los Angeles
Robert O. Riiska
SierraConstellation Partners LLC; Los Angeles
Jason Rosell
Pachulski Stang Ziehl & Jones; San Francisco
Victor A. Sahn
SulmeyerKupetz; Los Angeles
Leonard M. Shulman
Shulman Hodges & Bastian LLP; Irvine
Robyn B. Sokol
Brutzkus Gubner; Los Angeles
Susan P. Tomlinson
Crowe LLP; Los Angeles
Travis Vandell
Stretto; Irvine
Nellwyn Voorhies
Donlin, Recano & Company, Inc.; New York
Genevieve G. Weiner
Sidley Austin LLP; Los Angeles
Roye Zur
Elkins Kalt Weintraub Reuben Gartside LLP; Los Angeles
Conference Information
Hotel
Montage Beverly Hills
225 N. Canon Drive
Beverly Hills, CA 90210ABI does not reserved a block of rooms at the Montage Beverly Hills. To make a reservation, please contact the hotel directly at (310) 860-7800; book early to receive the best rate available.
Transportation
Parking Information
Event valet parking is available at the Montage Beverly Hills for $18 USD daily.
Airport
Air: Montage Beverly Hills is approximately 12 miles away from the Los Angeles International Airport (LAX).
ADA
Please let us know how we can help you fully participate in the meeting at 703-739-0800 or by emailing Erin Finnegan at [email protected].
Dietary Restrictions
If you have a dietary restriction please bring it to our attention so that it can be accommodated by calling 703-739-0800 or emailing Erin Finnegan at [email protected]. Requests must be made at least two weeks prior to the event.
Conference Attire
Attire is business casual, please bring a sweater or jacket in case the temperature in the meeting room gets cold.
Disclaimer
Speakers are subject to change.
Continuing Education Credit
This program is eligible for 6.25 hours of general CLE credit in states calculating CLE on a 60-minute hour, and 7.5 hours of general CLE credit in 50-minute-hour states. Credit hours are estimated and 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 6.25 hours. 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 7.5 credit hours, of which 7.5 credit hours can be applied toward the professional practice requirement.
7.5 hours of CPE credit 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. For information on tuition assistance, send an e-mail to [email protected].
Conference Rates
Registration Rates Early
(by 1/3/20)Regular
(1/4/20-2/28/20)Late
(after 2/28/20)ABI Member $445 $495 $545 Join ABI and Save* $770 $820 $870 Gov’t./Aca./Nonprofit ABI Member
$225 $275 $325 Gov’t./Aca./Nonprofit New ABI Member*
$350 $400 $450 * Includes a one-year ABI membership for first-time members — a $350 value! Expired members should select the member rate and add in the membership renewal fee. You must be an ABI member to attend the conference.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by February 26, 2020. No refunds will be granted after February 26, but substitutions will be allowed. After February 26, 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.
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 is 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.
Event Information 282006
Thursday, March 5
8:30 a.m.
Registration & Breakfast
9:00-9:15 a.m.
Welcome Remarks
9:15-10:15 a.m.
Consolidation: Where Do We Go From Here?
The US healthcare system is consolidating at an increasing pace. Healthcare systems tout the benefits of consolidation in the form of cost savings and other operational efficiencies. But consolidation also has its costs: independent providers are being disrupted by larger systems, the larger systems themselves face higher risks, and the consumer may not always benefit. This panel will explore the pros and cons of consolidation from the perspective of consolidated systems themselves, providers that choose to remain independent, and the healthcare consumer.
Bragg Hemme, Moderator
Polsinelli; Denver
Tensie Axton
FTI Consulting; Houston
Jay Shiland
MTS Health Partners, L.P.; New York
Anu Singh
Kaufman Hall; Chicago
10:15-10:45 a.m.
Networking Break
10:45-11:45 a.m.
Disruption in the Marketplace: The Retailization of Healthcare
Consumers are utilizing retail clinics, urgent care centers, ambulatory surgery centers, concierge services and freestanding ERs to get medical care when and where they want it. The healthcare marketplace is forcing providers to rethink their business models beyond the four walls of traditional healthcare facilities. The new reality is that healthcare is taking on a consumer-centric, technology-enabled retail model, in the name of improving outcomes and lowering costs. This panel will explore how to create a Consumer Brand Experience in today's evolving healthcare marketplace. Every aspect of your organization from your stories, your online presence, mobile solutions, services and physical environment, should be an extension of your brand and what you do remarkably well. For healthcare providers, a well-defined Consumer Brand Experience means bringing your brand promise to life consistently, across every location where you market and provide services to your consumers.
John Tishler, Moderator
Waller Landsden Dortch & Davis, LLP; Nashville
Will Howorth
HCA Healthcare; Nashville
Deb Sheehan
BDO; Chicago
Dr. Marc Watkins
Kroger; Brentwood, Tenn.
11:45 a.m.-12:15 p.m.
Luncheon
Sponsored by Epiq and Nelson Mullins Riley & Scarborough LLP
12:15-1:30 p.m.
The U.S. Health Care Industry: A Look Ahead at What to Expect
Health care is a complex industry undergoing disruptive changes that require every organization to re-think its strategies for growth and sustainability. These strategies also require risk-taking. The five areas that must be monitored to stay abreast are (1) clinical innovations, (2) technology, (3) access to and deployment of capital, (4) regulation and (5) consumer attitudes and actions. In this discussion, we'll focus on how organizations can monitor these trends and address their implications, including how organizations and individuals are addressing liabilities associated with their health costs.
Paul Keckley, Ph.D.
The Keckley Report; Washington, D.C.
1:45-2:45 p.m.
Cybersecurity Attacks: What Keeps You Up at Night
Hear first-hand experience on who to survive a cyberattack, one of the many challenges facing healthcare providers today.
David Breg, Moderator
WSJ Pro; Princeton, N.J.
Matthew Dunn
Kroll; Nashville, Tenn.
Joey Johnson
Premise Health; Nashville, Tenn.
Roy Wyman
Nelson Mullins Riley & Scarborough LLP; Nashville
2:45-3:00 p.m.
Networking Break
Sponsored by EisnerAmper
3:00-4:00 p.m.
Today’s Health Crisis: Behavioral Health and Opioids
This panel will discuss and summarize the challenges the US is facing in the behavioral market industry. Some topics will include addiction, mental health and special focus will be opioid crisis. The panel will break down the why there is an epidemic and what providers are doing in order to address this national crisis. Finally, the panel will discuss the Opioid crisis and discuss what led up to the recent chapter 11 filings.
Steven R. Korf
ToneyKorf Partners, LLC; New York
Aman Malik
HPS Investment Partners, LLC; New York
Shelley Skarda
Meridian Behavioral Health, LLC; Minneapolis
Thomas Califano
DLA Piper; New York
4:00-5:00 p.m.
What Are the Deal-Makers Looking For?
This session will provide insight into the healthcare dealmakers’ perspective across the health services spectrum. We’ll hear from strategic buyers, private equity and institutional capital regarding current deal metrics, capitalization requirements, various industry multiples and the impact the elections may have on deal making.
Felicia Perlman, Moderator
McDermott Will & Emery; Chicago
Michael Keller
Credit Value Partners, LP; Nashville, Tenn.
Naomi O'Dell
RBC Capital Markets; Chicago
Russell Perry
Ankura Consulting Group, LLC; Dallas
5:00-6:30 p.m.
Networking Reception
Chairs
Suzanne A. Koenig
SAK Management, LLC; Riverwoods, Ill.
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Planning Committee
David E. Gordon
Polsinelli PC; Atlanta
Andrew C. Helman
Murray Plumb & Murray; Portland, Maine
Donald Husi
B.C. Ziegler and Company; Nashville, Tenn.
Jan Naifeh
FTI Consulting, Inc.; Nashville, Tenn.
Deirdre O'Connor
Epiq; New York
Paul Rundell
Alvarez & Marsal Healthcare Industry Group, LLC; Chicago
Robert M. Schechter
Porzio, Bromberg & Newman, P.C.; Morristown, N.J.
Steven Shill
BDO Center for Healthcare Excellence & Innovation; Costa Mesa, Calif.
Frank Terzo
Nelson Mullins Riley & Scarborough, LLP; Fort Lauderdale, Fla.
John C. Tishler
Waller Lansden Dortch & Davis, LLP; Nashville, Tenn.
Allen D. Wilen
EisnerAmper LLP; Iselin, N.J.
Conference Information
Program Location
JW Marriott Nashville
201 8th Ave. S
Nashville, TN 37203Hotel Reservations
There are no longer rooms available at the JW Marriott Nashville, the hotel is sold-out.
We recommend the following hotels within walking distance of the JW Marriott Nashville:
Courtyard Nashville Downtown
170 4th Avenue North
Nashville, Tennessee 37219
615-256-0900AC Hotel Nashville Downtown
410 5th Avenue South
Nashville, Tennessee 37203
615-514-2500SpringHill Suites Nashville Downtown/Convention Center
410 5th Avenue South
Nashville, Tennessee 37203
615-514-2502Fairfield Inn & Suites Nashville Downtown/The Gulch
901 Division Street
Nashville, Tennessee 37203
615-690-1740Parking Information
Valet parking is available at the JW Marriott Nashville for $42 USD daily.
Airport
Air: The JW Marriott Nashville is approximately 8.2 miles away from Nashville International Airport (BNA).
Dietary Restrictions
Breakfast and lunch will be provided, along with refreshments during breaks. We try to provide a variety of well-rounded offerings. However, if you have a specific dietary requirement, please bring it to our attention by calling 703-739-0800 or emailing [email protected] so that it can be accommodated.
Conference Attire
Attire is business casual. Please bring a sweater or jacket in case the temperature in the meeting room gets cold.
Disclaimer
Speakers are subject to change.
Continuing Education Credit
This program is eligible for 6 hours of general CLE credit in states calculating CLE on a 60-minute hour, and 7.2 hours of general CLE credit in 50-minute-hour states. ABI has applied for CLE credit in CO, IN, OH, SC, TN, and VA. Credit hours are estimated and 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 6 hours. 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 7 credit hours, which can be applied toward the professional practice requirement.
7 hours of CPE credit 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.
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, ABI may allow the individual to work at the 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. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].
Conference Rates
Registration Rates Early
(by 1/3/20)Regular
(1/4/20-2/21/20)Late
(after 2/21/20)ABI Member $445 $495 $545 Join ABI and Save* $770 $820 $870 Gov’t./Aca./Nonprofit ABI Member
$295 $345 $395 Gov’t./Aca./Nonprofit New ABI Member*
$390 $440 $490 * Includes a one-year ABI membership for first-time members — a $350 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.
Exhibitor Rates
ABI Member Exhibitor Registration**$1,000New ABI Member Exhibitor Registration***$1,325Additional Booth Representative$500** 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 (a $350 value).
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by February 13, 2020. No refunds will be granted after February 13, but substitutions will be allowed. After February 13, 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. Customers who fail to attend without providing notice will be charged the total fee of the conference for which they have registered.
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 is 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.
Event Information 282439
Wednesday, February 26
9:00 a.m.
Registration Desk Open and Continental Breakfast
9:30-10:00 a.m.
Welcome and Case Study Introduction
Panelists will assume the roles of major constituents at key stages of a modern bankruptcy. By presenting different points of view from the moment a company begins to consider bankruptcy up through mediation or court, these experts will provide insight, practical advice and proposed solutions for the strategic decisions and negotiations that are part of the day-to-day reality of a restructuring and successful turnaround.
10:00-11:00 a.m.
The PropCo/OpCo Dilemma
Wayne P. Weitz, Moderator
GlassRatner Advisory & Capital Group LLC; New York
Evan B. Blum
Alvarez & Marsal; New York
James S. Feltman
Duff & Phelps, LLC; Miami Lakes, Fla.
Eric J. Howe
Greenberg Traurig, LLP; Minneapolis, Minn.
Mark D. Podgainy
Getzler Henrich & Associates LLC; New York
11:00-11:10 a.m.
Break
11:10 a.m.-12:10 p.m.
What are the General Heath Care Issues in Bankruptcy?
Eric J. Fromme
Theodora Oringher PC; Costa Mesa, Calif.
Travis M. Bayer
Kirkland & Ellis LLP; Chicago
David L. Herman
Gordian Group, LLC; New York
Elizabeth R. McColm
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Cristine Pirro Schwarzman
Ropes & Gray LLP; New York
12:10-1:40 p.m.
Working Lunch: Negotiations
Sponsored by CR3 Partners LLC
1:40-1:50 p.m.
Break
1:50-2:50 p.m.
Regulatory Framework
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Jeffrey K. Garfinkle
Buchalter; Irving, Cali.
James A. Katchadurian
CR3 Partners LLC; New York
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
David P. Simonds
Hogan Lovells; Los Angeles
Christopher K. Wu
Teneo; New York
2:50-3:50 p.m.
Not For Profit v. For Profit
Stephen Spitzer
AlixPartners, LLP; New York
Robbin L. Itkin
DLA Piper; Los Angeles
Jeffrey C. Krause
Gibson, Dunn & Crutcher LLP; Los Angeles
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP; Boston
Michael B. Schaedle
Blank Rome LLP; Philadelphia
3:50-4:00 p.m.
Break and Transition to VALCON 2020 Joint Session
4:00-5:30 p.m.
Case Study in Conjunction with VALCON 2020
5:30-6:30 p.m.
Opening Networking Reception with the Participants of VALCON 2020
Sponsored by Baker Tilly Virchow Krause, LLP
Join us for drinks and hors d’oeuvres with faculty and participants.
Co-Chairs
Kathryn A. Coleman
Hughes Hubbard & Reed LLP; New York
Eric J. Fromme
Theodora Oringher PC; Costa Mesa, Calif.
Stephen Spitzer
AlixPartners, LLP; New York
Wayne P. Weitz
GlassRatner Advisory & Capital Group LLC; New York
Faculty
Travis M. Bayer
Kirkland & Ellis LLP; Chicago
Evan B. Blum
Alvarez & Marsal; New York
James S. Feltman
Duff & Phelps, LLC; Miami Lakes, Fla.
Jeffrey K. Garfinkle
Buchalter; Irving, Cali.
David L. Herman
Gordian Group, LLC; New York
Robbin L. Itkin
DLA Piper; Los Angeles
Jeffrey C. Krause
Gibson, Dunn & Crutcher LLP; Los Angeles
James A. Katchadurian
CR3 Partners LLC; New York
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Elizabeth R. McColm
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Richard E. Mikels
Pachulski Stang Ziehl & Jones LLP; Boston
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
Mark D. Podgainy
Getzler Henrich & Associates LLC; New York
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Cristine Pirro Schwarzman
Ropes & Gray LLP; New York
David P. Simonds
Hogan Lovells; Los Angeles
Christopher K. Wu
Teneo; New York
Conference Information
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 from February 25-28, 2020. Reservations must be made directly with the hotel prior to February 4, 2020, to take advantage of the special conference rate. In order to be eligible for the group rate, reservations may be made only 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 any rooms after the specially rated block is filled.
Travel
Air: Fly into McCarran International Airport (LAS).
Continuing Education
This program is eligible for 6 hours of general CLE credit in states calculating CLE on a 60-minute hour, and 7.2 hours of general CLE credit in 50-minute-hour states. Credit hours are estimated and 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 6 hours. 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 7 credit hours, of which 7 credit hours can be applied toward the professional practice requirement.
7 hours of CPE credit 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. For information on tuition assistance, send an e-mail to [email protected].
CFRP 2020 Registration Rates
Registration Rates Early
(by 12/20/19)Regular
(12/21/19-2/7/20)Late
(after 2/7/20)ABI Member $545 $595 $645 Gov't./Aca./Nonprofit ABI Member $345 $395 $445 Join and Save* $870 $920 $970 New Gov't./Aca./Nonprofit ABI Member*
$440 $490 $540 *Includes a one-year ABI membership for first-time members only — a $350 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.
VALCON 2020 & CFRP 2020 Joint Registration Rates
Registration Rates Early
(by 12/20/19)Regular
(12/21/19-2/7/20)Late
(after 2/7/20)ABI/AIRA Member $995 $1,075 $1,125 Gov't./Aca./Nonprofit ABI/AIRA Member $550 $600 $650 New ABI/AIRA Member* $1,320 $1,400 $1,450 New Gov't./Aca./Nonprofit ABI/AIRA Member*
$645 $695 $745 *Includes a one-year ABI and AIRA membership for first-time members only — a $645 value! You must be an ABI or AIRA 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.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by February 5, 2020. No refunds will be granted after February 5, but substitutions will be allowed. After February 5, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Conference Attire
Attire is business casual throughout the conference.
Event Information 284492
Thursday, May 28
7:30 a.m.
Registration Desk Open
8:00- 8:30 a.m.
Continental Breakfast
8:30-8:45 a.m.
Conference Chairs’ Welcome
8:45-10:00 a.m.
Plenary Session
Judges’ Roundtable: Selected Current Topics
10:00-10:15 a.m.
Refreshment Break
10:15-11:30 a.m.
Concurrent Sessions (6)
Cross-Border Bankruptcy Issues
The panelists will discuss European loan structure developments, including but not limited to a shift in European loan structures to U.S. debt instruments, how these credits will be restructured, whether the existing tools in Europe will work for bond issuers and more. Brexit’s impact on recognition proceedings, as well as COMI-shifting and jurisdiction issues, will also be covered.
Ira L. Herman, Moderator
Blank Rome LLP
Ryan Preston Dahl
Weil, Gotshal & Manges LLP
Douglas E. Deutsch
Clifford Chance
Evan C. Hollander
Orrick Herrington & Sutcliffe LLP
David Hilty
Houlihan Lokey
Rick Morris
HPS Investment Partners, LLC
Maja Zerjal
Proskauer
Recent Confirmation Developments
Join this session for a discussion on plan vs. statutory impairment (Ultra, PG&E), treatment of third-party releases/plan proponents (Millennium (3d Cir.), SunEdison and other recent S.D.N.Y./Del. decisions, Emerge and Cloud Peak (Del.)), and classification (Novinda (10th Cir. BAP, litigation claims against a creditor justifies separate classification from other unsecureds)). Should all similarly situated creditors have the right to participate in rights offerings, financings, etc. (PacDrilling, Peabody)? Panelists will also discuss feasibility in light of the return of debtors to bankruptcy (including in the energy and retail space). Are reorganizations being rubber-stamped too easily?
Edward S. Weisfelner, Moderator
Brown Rudnick LLP
Robert D. Gordon
Jenner & Block
Nicole L. Greenblatt
Kirkland & Ellis LLP
Fred B. Ringel
Robinson Brog Leinwand Greene Genovese & Gluck, P.C.
Roopesh Shah
Evercore
Andrew D. Sorkin
Latham & Watkins
Robin Spigel
Baker Botts L.L.P.
Trends in DIP Financing
This panel will discuss financing orders, milestones and other case management through the DIP facility. What should be allowed for case management by secured creditors via DIP-financing and/or cash-collateral orders, including the case milestones? What terms are and should be acceptable in first-day cash-collateral and DIP-financing orders (Aegean) — too much control, or simply adequate protection? What does it take for a third party to prime? This session will also focus on structural priming, including by taking liens on unencumbered foreign assets (Hexion); using DIP financing as a tool to protect pre-petition debt; the use of roll-ups; the ratio of new money to roll up that is necessary/“market”; justifying a zero-new-money roll-up (EP Energy); providing a secured term loan pre-bankruptcy and using the proceeds as cash collateral; and rolling up pre-filing emergency loans (Westmoreland).
Kathryn A. Coleman, Moderator
Hughes Hubbard & Reed LLP
Alexander V. Rohan
B. Riley FBR, Inc.
Jorian L. Rose
BakerHostetler
Andrew V. Tenzer
Paul Hastings LLP
Brian Trust
Mayer Brown LLP
Robert White
Jefferies
Corporate Governance in Distressed Situations
The panelists will discuss different strategies sponsors are using to retain control (or at least put a stake through) the bankruptcy process. What are the risks to sponsors/litigation issues? The panelists will also discuss fiduciary duties, managing conflicts and retaining separate counsel, the interplay between corporate governance and aggressive sponsor action (e.g., selling or spinning/stripping off assets), sponsor affiliates purchasing debt in the portfolio company’s capital structure, and 10b-5 compliance, as well as negotiating/litigating with a difficult board. This session also includes a discussion of issues that arise when dealing with a challenging board of directors, especially those where some or all directors have been appointed by a controlling shareholder.
Michael H. Torkin, Moderator
Simpson Thacher & Bartlett LLP
Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C.
Scott J. Greenberg
Gibson, Dunn & Crutcher LLP
Daniel B. Kamensky
Marble Ridge Capital LLP
Marc D. Puntus
Centerview Partners LLC
Albert J. Togut
Togut, Segal & Segal LLP
§ 363 Sale Issues
Are there limits to “free and clear” (GM)? This panel will discuss sales free and clear of leasehold interests, restrictive covenants and override royalties; conflicts between §§ 365 and 363(f) (lease- or license-stripping); assets free and clear of successorship in CBAs; selling free and clear of environmental liabilities (La Paloma, Exide); loan-to-own strategies; and the treatment of breakup fees (C&K Market, EFH).
Lisa M. Schweitzer, Moderator
Cleary Gottlieb Steen & Hamilton LLP
Robert Albergotti
AlixPartners, LLP
Samuel S. Kohn
Norton Rose Fulbright US LLP
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP
Richard G. Mason
Wachtell, Lipton, Rosen & Katz
Michael O’Hara
PJT Partners Inc.
William P. Weintraub
Goodwin Procter LLP
Liquidating Plans
What do attorneys and other professionals need to know when preparing chapter 11 liquidation plans? This panel will include discussions on selecting a trust, LLC, plan administrator or other vehicle; ensuring that affirmative claims are preserved post-confirmation; searching for unencumbered assets; negotiating carve-outs; establishing a value/tax basis in litigation claims and other assets transferred to a trust or LLC; key plan provisions, such as preserving 2004 discovery rights, creditor oversight, continuing court oversight, required reporting and retention/transfer of attorney/client privilege; trading of interests; provisions for closing the case; and structured dismissals following asset sales as an alternative to a liquidating plan.
Jeffrey S. Sabin, Moderator
Venable LLP
Michael Baumkirchner
Ankura Consulting Group, LLC
Kenneth Epstein
Omni Bridgeway
Jonathan L. Flaxer
Golenbock Eiseman Assor Bell & Peskoe LLP
Christopher J. Kearns
Berkeley Research Group, LLC
Daniel A. Lowenthal
Patterson Belknap Webb & Tyler LLP
Rachel C. Strickland
Willkie Farr & Gallagher LLP
11:30-11:45 a.m.
Refreshment Break
11:45 a.m.-1:00 p.m.
Repeat Concurrent Sessions (6)
Cross-Border Bankruptcy Issues
Recent Confirmation Developments
Trends in DIP Financing
Corporate Governance in Distressed Situations
§ 363 Sale Issues
Liquidating Plans
1:00-1:30 p.m.
Buffet Lunch
1:30-2:30 p.m.
Plenary Session
The Opioid Crisis
The Nation is in the midst of an unprecedented opioid epidemic. More than 130 people die every day from opioid-related drug overdoses. The legal battle over who’s at fault will be fought for a very long time. At least two significant chapter 11 filings have occurred with potentially more to come. Developments in these bankruptcy cases will have a significant impact on the development of crucial public health initiatives seeking to address the crisis as well as wide-ranging implications for future mass tort situations. A panel of participants in these situations will discuss legal, social and political implications of these cases.
Hon. Kevin J. Carey (ret.)
Hogan Lovells US LLP; Philadelphia, PA
Lara Fogel
Deputy Attorney General; New Jersey
Hon. Kevin Gross
Chief Judge; U.S. Bankruptcy Court (D. Del.); Wilmington
David Molton
Brown Rudnick
Arik Preis
Akin Gump Strauss Hauer & Feld LLP
Andrew Troop
Pillsbury Winthrop Shaw Pittman LLP
2:45-4:00 p.m.
Concurrent Sessions (6)
Bankruptcy Litigation Panel
The panelists will tackle jurisdictional issues in Relativity; debt recharacterization, circuit splits and the Supreme Court’s withdrawal of certiorari in PEM v. Levin; avoidance actions and the application of avoidance powers extraterritorially (Ampal-American, Emerald, Madoff, Puerto Rico); fraudulent transfers; the trustee’s use of the IRS look-back for fraudulent transfers; Lyondell (reinstatement of unsecured creditors’ intentional fraudulent-conveyance claim, ruling that the intent of the CEO can be imputed to the company); § 546(e) safe harbors (Tribune (2d Cir.)); discovery in bankruptcy courts; and venue selection.
Susheel Kirpalani, Moderator
Quinn Emanuel Urquhart & Sullivan, LLP
Robert J. Feinstein
Pachulski Stang Ziehl & Jones
David MacGreevey
AlixPartners, LLP
Alec P. Ostrow
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Barbra R. Parlin
Holland & Knight LLP
Andrew Scruton
FTI Consulting, Inc.
Valuation Developments and Disputes: Where Are We Now?
This panel will discuss common valuation challenges and responses, and provide insight into piecing together multiple valuation techniques. The panelists will also touch upon identifying reasonable comps for similar companies and precedent transactions, reliance on/restating projections, and where valuation and liquidation analysis blend together, including non-cash-flowing assets.
Madlyn Gleich Primoff, Moderator
Freshfields Bruckhaus Deringer LLP
Philip Bentley
Kramer Levin Naftalis & Frankel LLP
Eric B. Fisher
Binder & Schwartz LLP
David M. Posner
Kilpatrick Townsend & Stockton LLP
Dr. Faten Sabry
NERA Economic Consulting
Christopher K. Wu
Teneo
Liquidation Outside Chapter 11: Considerations for Cannabis Insolvencies
This panel will compare and contrast liquidating chapter 11 plans and certain state receiverships, ABCs and judicial dissolutions, and will discuss the tools available in and the risks attendant to each, as well as which companies are more appropriate for which type of liquidation option.
Gerard DiConza, Moderator
Archer & Greiner
William A. Brandt
Development Specialists, Inc.
Frank Grese
Baker & McKenzie LLP
Marc Hirschfield
Royer Cooper Cohen Braunfeld LLC
Post-Restructuring
This panel will discuss the disposition of restructured equity, including § 1145 and other limitations and exemptions; selecting and managing post-restructured boards and how to assemble a new board with a view toward maximizing value; issues attendant to the recruitment of pertinent and qualified directors; departures from rent-a-director; use of independent directors on a new board; granting of observer rights; perspectives of being a member of a well-run post-restructured board; shareholder voting and control considerations, including minority rights; incentivizing management through MIPs, KEIPs/KERPs and employment agreement considerations (e.g., CoC/severance); fostering long-term shareholder value; antitrust issues; and public vs. private emergence.
Paul H. Zumbro, Moderator
Cravath, Swaine & Moore LLP
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP
Kristopher M. Hansen
Stroock & Stroock & Lavan LLP
William H. Henrich
Getzler Henrich & Associates LLC
Intercreditor Disputes
This session will examine what happens following a successful credit bid (Allied), including the scope of § 363 sale orders and whether they should or can address intercreditor issues; intercreditor agreements and the application of post-petition interest (EFH); equal and ratable lien-trigger clauses (iHeart); de facto claim subordination (La Paloma); and the rights preserved for junior creditors under intercreditor agreements, and whether the exceptions swallow the rule (Claires, Momentive).
Brian M. Resnick, Moderator
Davis Polk & Wardwell LLP
Dennis F. Dunne
Milbank LLP
Marc J. Heimowitz
Coda Advisory Group LLC
Michael Luskin
Luskin, Stern & Eisler LLP
J. Soren Reynertson
GLC Advisors & Co.
Glenn E. Siegel
Morgan, Lewis & Bockius LLP
Arthur J. Steinberg
King & Spalding LLP
Ethics Panel
Join the panelists in this discussion on a plethora of current ethical issues, including disclosure obligations as a retained advisor (Alix v. McKinsey); obtaining a conflict waiver and the disinterestedness standards of debtor’s counsel (Caesars); use of confidential information as a party in interest, including MNPI and trading and disclosure issues (e.g., appropriateness of filing under seal vs. reconciling differing cleansing demands of debt-holders); compensation of professionals (Baker Botts v. ASARCO); fee-litigation; a recent Ninth Circuit decision on the potential implications of exceeding fee caps; directly adverse vs. positionally adverse; relatedness to a prior matter; ABI’s Report on Standards of Professional Courtesy and Conduct; and litigation financing in the liquidating trust context.
John D. Penn, Moderator
Perkins Coie LLP
Christopher R. Donoho
Hogan Lovells US LLP
Jonathan E. Goldin
Goldin Associates, LLC
Abbey Walsh
Schulte Roth & Zabel LLP
4:00-4:15 p.m.
Refreshment Break
4:15-5:30 p.m.
Repeat Concurrent Sessions (6)
Bankruptcy Litigation Panel
Valuation Developments and Disputes: Where Are We Now?
Liquidation Outside Chapter 11: Considerations for Cannabis Insolvencies
Gerard DiConza, Moderator
Archer & Greiner
Peter Hartheimer
Sherwood Partners, Inc.
Jennifer Rodburg
Fried, Frank, Harris, Shriver & Jacobson LLP
Suzanne Uhland
O’Melveny & Myers LLP
Post-Restructuring
Paul H. Zumbro, Moderator
Cravath, Swaine & Moore LLP
Michael Epstein
Deloitte CRG
Brett H. Miller
Morrison & Foerster LLP
Steven A. Seiden
Seiden Krieger Recuiters, Inc.
Intercreditor Disputes
Ethics Panel
John D. Penn, Moderator
Perkins Coie LLP
Jasmine Ball
Debevoise & Plimpton LLP
Edward E. Neiger
ASK LLP
5:30-7:00 p.m.
Networking Reception
Conference Chairs
Hon. Sean H. Lane, Judicial Chair
U.S. Bankruptcy Court (S.D.N.Y.)
Sandeep Qusba, Co-Chair
Simpson Thacher & Bartlett LLP
Leon Szlezinger, Co-Chair
Jefferies
Conference Advisory Board
Elizabeth Abrams
Guggenheim Partners
Jasmine Ball
Debevoise & Plimpton LLP
Lisa G. Beckerman
Akin Gump Strauss Hauer & Feld LLP
Philip Bentley
Kramer Levin Naftalis & Frankel LLP
Martin J. Bienenstock
Proskauer
Jessica C. K. Boelter
Sidley Austin LLP
Ronen A. Bojmel
Guggenheim Securities
William A. Brandt, Jr.
Development Specialists, Inc.
Kathryn A. Coleman
Hughes Hubbard & Reed LLP
Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C.
Ryan Preston Dahl
Weil, Gotshal & Manges LLP
Debra A. Dandeneau
Baker McKenzie
Douglas E. Deutsch
Clifford Chance
Gerard DiConza
Archer Law
Christopher R. Donoho, III
Hogan Lovells
Andrew Dove
Citi
Dennis F. Dunne
Milbank LLP
Daniel J. Ehrmann
Kingstreet Capital Management
Michael J. Epstein
Deloitte Transactions & Business Analytics LLP
Robert J. Feinstein
Pachulski Stang Ziehl & Jones
Eric B. Fisher
Binder & Schwartz LLP
Jonathan L. Flaxer
Golenbock Eiseman Assor Bell & Peskoe LLP
Jonathan E. Goldin
Goldin Associates, LLC
Robert D. Gordon
Jenner & Block
Nicole L. Greenblatt
Kirkland & Ellis LLP
Sean A. Gumbs
FTI Consulting, Inc.
Kristopher M. Hansen
Stroock & Stroock & Lavan LLP
Dion W. Hayes
McGuireWoods LLP
Nathan A. Haynes
Greenberg Traurig, LLP
Marc J. Heimowitz
Coda Advisory Group LLC
William H. Henrich
Getzler Henrich & Associates LLC
Ira L. Herman
Blank Rome LLP
David Hilty
Houlihan Lokey
Marc E. Hirschfield
Royer Cooper Cohen Braunfeld LLC
Evan C. Hollander
Orrick Herrington & Sutcliffe LLP
Zul Jamal
Moelis & Company
Christopher A. Jarvinen
Berger Singerman LLP
Denise Kaloudis
Stretto
Daniel B. Kamensky
Marble Ridge Capital LLP
Susheel Kirpalani
Quinn Emanuel Urquhart & Sullivan, LLP
Samuel S. Kohn
Norton Rose Fulbright US LLP
Alan W. Kornberg
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Mark P. Kronfeld
BlackRock
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP
Daniel A. Lowenthal
Patterson Belknap Webb & Tyler LLP
Michael Luskin
Luskin, Stern & Eisler LLP
Kristine G. Manoukian
Schulte Roth & Zabel LLP
Richard G. Mason
Wachtell, Lipton, Rosen & Katz
Vivek Melwani
Centerbridge Partners
Brett H. Miller
Morrison & Foerster LLP
Dave Miller
Elliott Management Corporation
Rick Morris
HPS Investment Partners, LLC
Deirdre A. O’Connor
Epiq A
lec P. Ostrow
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Barbra R. Parlin
Holland & Knight LLP
John D. Penn
Perkins Coie LLP
Irving H. Picard
BakerHostetler
David M. Posner
Kilpatrick Townsend & Stockton LLP
Madlyn Gleich Primoff
Freshfields Bruckhaus Deringer LLP
Marc D. Puntus
Centerview Partners LLC
Steven J. Reisman
Katten Muchin Rosenman LLP
Brian M. Resnick
Davis Polk & Wardwell LLP
J. Soren Reynertson
GLC Advisors & Co.
Briana Richards
EY
Deborah C. Rieger-Paganis
AlixPartners, LLP
Fred B. Ringel
Robinson Brog Leinwand Greene Genovese & Gluck, P.C.
Alexander V. Rohan
B. Riley FBR, Inc.
Jeffrey S. Sabin
Venable LLP
Dr. Faten Sabry
NERA Economic Consulting
Chérie Schaible
Ankura Consulting Group, LLC
Brad E. Scheler
Fried, Frank, Harris, Shriver & Jacobson LLP
Lisa M. Schweitzer
Cleary Gottlieb Steen & Hamilton LLP
Glenn E. Siegel
Morgan, Lewis & Bockius LLP
Andrew D. Sorkin
Latham & Watkins
Arthur J. Steinberg
King & Spalding LLP
Rachel C. Strickland
Willkie Farr & Gallagher LLP
Andrew V. Tenzer
Paul Hastings LLP
Albert J. Togut
Togut, Segal & Segal LLP
Brian Trust
Mayer Brown LLP
Suzzanne Uhland
O'Melveny & Myers LLP
William P. Weintraub
Goodwin Procter LLP
Edward S. Weisfelner
Brown Rudnick LLP
Christopher K. Wu
Teneo
Kenneth S. Ziman
Lazard
Paul H. Zumbro
Cravath, Swaine & Moore LLP
Sponsors
agencyIP
Akin Gump Strauss Hauer & Feld LLP
AlixPartners, LLP
Ankura Consulting Group, LLC
Archer Law
BakerHostetler
Baker McKenzie
Baker Tilly Virchow Krause, LLP
Becker, Glynn, Muffly, Chassin & Hosinski LLP
Binder & Schwartz LLP
Blank Rome LLP
Brown Rudnick LLP
Centerbridge Partners
Centerview Partners LLC
Citi
Cleary Gottlieb Steen & Hamilton LLP
Clifford Chance
Coda Advisory Group LLC
Cravath, Swaine & Moore LLP
Davis Polk & Wardwell LLP
Debevoise & Plimpton LLP
Deloitte CRG
Development Specialists, Inc.
Elliott Management Corporation
Epiq
EY
Freshfields Bruckhaus Deringer LLP
Fried, Frank, Harris, Shriver & Jacobson LLP
FTI Consulting, Inc.
Getzler Henrich & Associates LLC
GLC Advisors & Co.
Goldin Associates, LLC
Golenbock Eiseman Assor Bell & Peskoe LLP
Goodwin Procter LLP
Greenberg Traurig, LLP
Guggenheim Securities
Hogan Lovells
Holland & Knight LLP
Houlihan Lokey
HPS Investment Partners, LLC
Hughes Hubbard & Reed LLP
Jefferies
Jenner & Block
Kilpatrick Townsend & Stockton LLP
King & Spalding LLP
Kingstreet Capital Management
Kirkland & Ellis LLPKramer Levin Naftalis & Frankel LLP
Latham & Watkins
Lazard
Loeb & Loeb LLP
Luskin, Stern & Eisler LLP
Marble Ridge Capital LP
Mayer Brown LLP
McGuireWoods LLP
Milbank LLP
Moelis & Company
Morgan, Lewis & Bockius LLP
Morrison & Foerster LLP
NERA Economic Consulting
Norton Rose Fulbright US LLP
O'Melveny & Myers LLP
Orrick Herrington & Sutcliffe LLP
Otterbourg P.C.
Pachulski Stang Ziehl & Jones
Patterson Belknap Webb & Tyler LLP
Paul Hastings LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Perkins Coie LLP
PJT Partners Inc.
Polsinelli PC
Proskauer
Quinn Emanuel Urquhart & Sullivan, LLP
Richards Kibbe & Orbe LLP
Robinson Brog Leinwand Greene Genovese & Gluck, P.C.
Royer Cooper Cohen Braunfeld LLC
Saul Ewing Arnstein & Lehr LLP
Schulte Roth & Zabel LLP
Sherwood Partners, Inc.
Sidley Austin LLP
Simpson Thacher & Bartlett LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Stretto
Stroock & Stroock & Lavan LLP
Teneo
Tennenbaum Capital Partners, LLC
Togut, Segal & Segal LLP
Venable LLP
Wachtell, Lipton, Rosen & Katz
Weil, Gotshal & Manges LLP
Willkie Farr & Gallagher LLP
Wilmington TrustConference Information
Hotel Accommodations
Located in Midtown Manhattan within blocks of Central Park, Times Square, the Theatre District, Fifth Avenue shopping, MOMA and so much more, the New York Hilton Midtown is the perfect host hotel for this program. ABI has negotiated a special conference rate of $315 single/double per night from May 27-28, 2020, at the New York Hilton Midtown (reservations must be made by April 25, 2020, to secure this special rate). Please call (212) 586-7000 to make your reservations. Reservations may be made only once you have registered with ABI. Be sure to identify yourself with the conference to obtain the special conference rate. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
Conference Attire
Professional business attire is requested throughout the conference.
Continuing Education
7.5 hours of CLE credit, including 1.25 hours of ethics, are pending in 60-minute-hour states, and 9 hours of CLE credit, including 1.5 hours of ethics, are pending in 50-minute-hour states. Credit hours are estimated and are subject to each state’s approval and credit-rounding rules. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 7.5 hours, of which 1.25 hours will apply to ethics. New York 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 credit hours, of which 9 credit hours can be applied toward the professional practice requirement and 1.5 credit hours can be applied toward the ethics requirement.
9 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. For information on tuition assistance, send an e-mail to [email protected].
Rates
Registration Rates Early
(by 3/27/20)Regular
(3/28/20-5/8/20)Late
(after 5/8/20)ABI Member $695$795 $895Join ABI and Save!* $1,045$1,145 $1,245Non-Member $1,120$1,220 $1,320Gov’t./Aca./Nonprofit ABI Member $400$450 $500Gov’t./Aca./Nonprofit New ABI Member* $525$575 $625Registration rates include all sessions, continental breakfast, luncheon presentation, all refreshment breaks and educational materials.
* Includes a one-year membership for first-time members only — a $375 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership-renewal fee on the registration page.
ABI Member Exhibitor**:$1,600ABI Member Secondary Exhibitor:$500New ABI Member Exhibitor***:$1,950New ABI Member Secondary Exhibitor***:$850** Includes one 6’ table and full registration for one booth representative.
*** Includes one 6’ table, full registration for one booth representative AND a one-year membership for first-time members only — a $375 value! Membership is individual and nonrefundable. Expired members should select the member rate and add in the membership-renewal fee on the online form.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by May 7, 2020. No refunds will be granted after May 7, although substitutions will be allowed. After May 7, 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.
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 is 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.
Event Information 286290
Thursday, August 6
3:00-6:00 p.m.
Registration
5:00-6:00 p.m.
“40 Under 40” Panel
Kimberly Brown
Landis Rath & Cobb LLP; Wilmington, Del.
Monique DiSabatino
Saul Ewing Arnstein & Lehr LLP; Wilmington, Del.
Tara Schellhorn
Riker, Danzig, Scherer, Hyland & Perretti LLP; Morristown, N.J.
6:00-8:00 p.m.
Opening Reception
Sponsored by BakerHostetler and SSG Capital Advisors, LLC
Friday, August 7
7:30-8:00 a.m.
Registration & Breakfast
Sponsored by Pachulski Stang Ziehl & Jones LLP
8:00-9:00 a.m.
Plenary Session
ABI Talks
G. David Dean
Cole Schotz P.C.; Wilmington, Del.
Kathryn Harrison
Campbell & Levine, LLC; Pittsburgh
9:15-10:30 a.m.
Concurrent Sessions (4)
Crime in Bankruptcy
Anne Eberhardt, Moderator
Gavin/Solmonese LLC; New York
Sean Beach
Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.
Kevin Carey
Hogan Lovells US LLP; Philadelphia
Jeffrey Testa
McCarter & English, LLP; Newark, N.J.
Pros and Cons of Transactions Involving Distressed Hospitals and Health Care Providers
Hon. Patricia Mayer
U.S. Bankruptcy Court (E.D. Pa.)
Achintya Moulick
Alvarez & Marsal; Philadelphia
Scott Phillips
Healthcare Management Partners, LLC; Washington, Pa.
Cynthia Romano
CohnReznick LLP; New York
Transportation and Logistical Companies in Bankruptcy
Kenneth Mann, Moderator
Equity Partners Division of SC&H Capital; Easton, Md.
Hon. Stacey Meisel
U.S. Bankruptcy Court (D. N.J.); Newark, N.J.
Lisa Tancredi
Gebhardt & Smith LLP; Baltimore
Christopher Wick
Hahn Loeser & Parks LLP; Cleveland
Bax Decision
Amanda Steele, Moderator
Richards, Layton & Finger, PA; Wilmington, Del.
Hon. Michael Kaplan
U.S. Bankruptcy Court (D. N.J.); Trenton, N.J.
Stacy Lutkus
McDermott Will & Emery; New York
Curtis Miller
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
10:30-10:45 a.m.
Refreshment Break
10:45 a.m.-12:00 noon
Concurrent Sessions (2)
Ritzen Group Case
Sara Temes, Moderator
Bond, Schoeneck & King, PLLC; Syracuse, N.Y.
Hon. Nancy Alquist
U.S. Bankruptcy Court (D. Md.); Baltimore
Patricia Jefferson
Miles & Stockbridge PC; Baltimore
Joyce Kuhns
Offit Kurman, PA; Baltimore
Ethics: How to Get Retained as Debtors’ Attorneys
Shanti Katona, Moderator
Polsinelli; Wilmington, Del.
Hon. Robert Grossman
U.S. Bankruptcy Court (E.D. N.Y.); New York
Brett Fallon
Morris James LLP; Wilmington, Del.
George Howard
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Christopher Jones
Whiteford Taylor Preston LLP; Falls Church, Va.
Repeat Concurrent Sessions (2)
Bax Decision
Pros and Cons of Transactions Involving Distressed Hospitals and Health Care Providers
12:00-1:00 p.m.
Networking Luncheon
Sponsored by Fox Rothschild LLP
1:15-2:30 p.m.
Repeat Concurrent Sessions (3)
Crime in Bankruptcy
Ritzen Group Case
Ethics: How to Get Retained as Debtors’ Attorneys
7:00 p.m.
Dinner and Dancing (kid-friendly!)
Bar sponsored by Polsinelli PC
Dinner sponsored by Morris, Nichols, Arsht & Tunnell LLP
Saturday, August 8
7:30-8:00 a.m.
Breakfast
8:00-9:00 a.m.
Plenary Session
Great Debates
Disparate Treatment of Professional Fees Versus Other Administrative Claims in Administratively Insolvent Claims Is Justified
Jennifer Kimble
Lowenstein Sandler LLP; New York
Erika Morabito
Foley & Lardner LLP; Washington, D.C.
Venue for Debtors and Its Impact Upon Accessibility of Creditors to the Bankruptcy Process
9:00-9:15 a.m.
Refreshment Break
Sponsored by McGuireWoods LLP
9:15-10:30 a.m.
Plenary Session
The Role and Powers of Examiners in Traditional and Subchapter V Reorganizations
Jeffrey Rothleder, Moderator
Squire Patton Boggs; Washington, D.C.
Hon. Andrew Altenburg
U.S. Bankruptcy Court (D. N.J.); Camden, N.J.
Stephen Leach
Hirschler Fleischer, PC; Tysons, Va.
10:30-10:45 a.m.
Refreshment Break
Sponsored by McGuireWoods LLP
10:45 a.m.-12:00 noon
Plenary Session
Cannabis Issues in Bankruptcy
Hon. Ashely Chan, Moderator
U.S. Bankruptcy Court (E.D. Pa.); Philadelphia
Andrea Colender
Severn Bank; Annapolis
Mark Salzberg
Squire Patton Boggs; Washington, D.C.
12:00 noon
Adjourn
Chairs
Hon. Ashely Chan, Judicial Co-Chair
U.S. Bankruptcy Court (E.D. Pa.); Philadelphia
Hon. Stacey L. Meisel, Judicial Co-Chair
U.S. Bankruptcy Court (D. N.J.); Newark
Anne Eberhardt, Co-Chair
Gavin/Solmonese LLC; New York
Shanti M. Katona, Co-Chair
Polsinelli PC; Wilmington, Del.
Lisa B. Tancredi, Co-Chair
Gebhardt & Smith LLP; Baltimore
Advisory Board
Steven F. Agran
Carl Marks & Co. Inc.; New York
Kimberly A. Brown
Landis Rath & Cobb LLP; Wilmington, Del.
Stuart M. Brown
DLA Piper; Wilmington, Del.
Anthony R. Calascibetta
EisnerAmper LLP; Iselin, N.J.
Kevin P. Clancy
CohnReznick LLP; Roseland, N.J.
Kara Hammond Coyle
Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.
G. David Dean
Cole Schotz P.C.; Wilmington, Del.
Paul H. Deutch
Omni Agent Solutions; New York
Linda V. Donhauser
Miles & Stockbridge; Baltimore
Louis J. Ebert
Rosenberg Martin Greenberg, LLP; Baltimore
Brett D. Fallon
Morris James LLP; Wilmington, Del.
Mark E. Felger
Cozen O’Connor; Wilmington, Del.
Charles M. Forman
FormanLaw LLC; Paramus, N.J.
Christopher J. Giaimo
Squire Patton Boggs; Washington, D.C.
Elizabeth L. Gunn
Virginia Office of the Attorney General; Richmond, Va.
Jason W. Harbour
Hunton Andrews Kurth; Richmond, Va.
Michael R. Herz
Fox Rothschild LLP; Morristown, N.J.
Jarret P. Hitchings
Duane Morris LLP; Wilmington, Del.
Thomas M. Horan
Fox Rothschild LLP; Wilmington, Del.
Richard Infantino
Deloitte CRG; Philadelphia
Ericka F. Johnson
Womble Bond Dickinson (US) LLP; Wilmington, Del.
Laura D. Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Lawrence A. Katz
Hirschler Fleischer, PC; Tysons Corner, Va.
Shelley A. Kinsella
Elliott Greenleaf, P.C.; Wilmington, Del.
Kenneth W. Mann
Equity Partners HG LLC; Easton, Md.
Erika L. Morabito
Foley & Lardner LLP; Washington, D.C.
Richard Newman
Alvarez & Marsal; Chicago
Edward A. Phillips
Getzler Henrich & Associates LLC; New York
David M. Powlen
Barnes & Thornburg LLP; Wilmington, Del.
Kenneth A. Rosen
Lowenstein Sandler LLP; Roseland, N.J.
Jeffrey N. Rothleder
Squire Patton Boggs; Washington, D.C.
Jeffrey M. Schlerf
Fox Rothschild LLP; Wilmington, Del.
Joseph L. Schwartz
Riker Danzig Scherer Hyland & Perretti LLP; Morristown, N.J.
Angela L. Shortall
3Cubed Advisory Services, LLC; Baltimore
Natasha Songonuga
Gibbons P.C.; Wilmington, Del.
Amanda R. Steele
Richards, Layton & Finger, PA; Wilmington, Del.
David I. Swan
McGuireWoods LLP; Tysons, Va.
Stanley B. Tarr
Blank Rome LLP; Wilmington, Del.
Sara C. Temes
Bond, Schoeneck & King PLLC; Syracuse, N.Y.
Jeremy P. VanEtten
Gavin/Solmonese LLC; Wilmington, Del.
Craig D. Warznack
SSG Capital Advisors, LLC; Conshohocken, Pa.
Jolene E. Wee
JW Infinity Consulting, LLC; New York
Christopher B. Wick
Hahn Loeser & Parks LLP; Cleveland
Conference Information
Hotel
Hyatt Regency Chesapeake Bay Golf Resort, Spa and Marina
100 Heron Blvd. at Route 50
Cambridge, MD 21613Hotel Reservations
Escape to the Hyatt Regency Chesapeake Bay Golf Resort, Spa and Marina, a 400-room luxury resort with an 18-hole championship golf course, a 150-slip marina, an 18,000-square-foot European spa, an extensive multi-level indoor and outdoor swimming pool, and a children’s recreation center. ABI has arranged a special conference rate of $245 per night (with a $25 a night resort fee that includes in-room wireless internet, self-parking, two bottles of water per day and use of many recreational activities). Reservations must be made directly with the resort by July 22, 2020, to secure this special rate.
Upon payment of the conference registration fees, you will receive hotel reservation information with your conference confirmation. Reservations may be made only once you have registered with ABI. Rooms are held on a first-come, first-served basis. ABI cannot guarantee any rooms after the specially rated ABI block is filled.
Parking Information
Self-parking is included in the resort fee.
Dietary Restrictions
Breakfast and lunch will be provided, along with refreshments during breaks. We try to provide a variety of well-rounded offerings. However, if you have a specific dietary requirement, please bring it to our attention by calling 703-739-0800 or emailing [email protected] so that it can be accommodated.
Conference Attire
Attire is casual. Please bring a sweater or jacket in case the temperature in the meeting room gets cold.
Disclaimer
Speakers have been invited and are not yet confirmed; they are subject to change.
Continuing Education Credit*
This program is eligible for 7 hours of general CLE credit, including 1.25 hours of ethics/professionalism, in states calculating CLE on a 60-minute hour, and 8.4 hours of general CLE credit, including 1.5 hours of ethics/professionalism, in 50-minute-hour states. Credit hours are estimated and 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 7 hours, including 1.25 hours of ethics/professionalism. 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 8 credit hours, of which 8 hours can be applied toward the professional practice requirement and 1.5 hours can be applied toward the ethics professionalism requirement.
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.
Conference Rates
Registration Rates* Early Bird
(by 6/5/20)Regular
(6/6/20-7/17/20)Late
(after 7/17/20)ABI Member$650$700$795Govt./Nonprofit/Aca. ABI Member$345$395$445Join ABI & Save!*$1,000$1,050$1,145New Govt./Nonprofit/Aca. ABI Member*$470$520$570* Includes a one-year ABI membership for first-time members — a $375 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.
ABI Member Exhibitor Registration**$1,000New ABI Member Exhibitor Registration***$1,350Additional Booth Representative$500** 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 (a $375 value!).
Optional Events
PriceOpening ReceptionGuestChild (12 and under)
$0$50$15Friday Dinner and Dancing RegistrantGuestChild (12 and under)
$30$80$25Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by July 16, 2020. No refunds will be granted after July 16, but substitutions will be allowed. After July 16, 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. Customers who fail to attend without providing notice will be charged the total fee of the conference for which they have registered.
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 is 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
Event Information 287082
Thursday, August 20
10:00 a.m.
Optional Event
Golf Tournament: 9 Holes of Golf at The Links at Terranea
2:30 p.m.
Optional Events
Guided Biking Tour
Guided Coastal Hike
3:00-6:00 p.m.
ABI Registration Desk Open
4:30-5:30 p.m.
Optional Event
Tequila Tasting
6:00-8:00 p.m.
Opening Reception
Friday, August 21
7:00 a.m.-5:00 p.m.
ABI Registration Desk Open
7:30-8:00 a.m.
Networking Breakfast
7:50-8:00 a.m.
Welcome Remarks
8:00-9:30 a.m.
ABI Talks
John W. Lucas, Moderator
Pachulski Stang Ziehl & Jones LLP; San Francisco
Jurisdictional Battle: Bankruptcy Courts vs. FERC in Rejection of Power Purchase Agreements
Theodore E. Tsekerides
Weil, Gotshal & Manges LLP; New York
Ninth Circuit as 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; Indian Hills, Colo.
Analytical Review of Reversal/Affirmance Rates Between BAPs and District Courts in BAP Circuits
Donald L. Gaffney
Snell & Wilmer L.L.P.; Phoenix
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. Margaret M. Mann
U.S. Bankruptcy Court (S.D. Cal.); San Diego
Consumer: Consumer Cases in the Headlines
Louis M. Bubala III
Kaempfer Crowell; Reno, Nev.
Philip J. Giles
Allen Barnes & Jones, PLC; Phoenix
Jeanette E. McPherson
Schwartzer & McPherson Law Firm; Las Vegas
Hon. David T. Thuma
U.S. Bankruptcy Court (D. N.M.); Albuquerque
Chapter 11 Cases in the Headlines
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Craig S. Ganz
Ballard Spahr LLP; Phoenix
Lydia R. Webb
Gray Reed & McGraw LLP; Dallas
11:00-11:15 a.m.
Coffee Break
Sponsored by Pachulski Stang Ziehl & Jones LLP
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
J.D. Ivy
Alvarez & Marsal; Dallas
Consumer: Intersection of Divorce and Bankruptcy
Hon. Eddward P. Ballinger
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Cristina Perez Hesano
Perez Law Group, PLLC; Glendale, Ariz.
Shelley D. Krohn
Shelley D. Krohn, Ltd.; Las Vegas
Randy Nussbaum
Sacks Tierney P.A.; Scottsdale, Ariz.
Proactive Planning for Distressed Real Estate Assets
Oren B. Haker
Stoel Rives LLP; Portland, Ore.
Cathy L. Reese
Fennemore Craig, P.C.; Phoenix
Hon. Paul Sala
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Beth Jo Zeitzer
R.O.I. Properties, LLC; Phoenix
12:30-1:30 p.m.
Networking Luncheon
Luncheon Presentation: Rembrandt van Rijn: Art, Love and Insolvency in the 17th Century
Hon. Scott C. Clarkson
U.S. Bankruptcy Court (C.D. Cal.); Santa Ana
1:30-2:45 p.m.
Concurrent Sessions (3)
Consumer: Nondischargeability, Discharge Injunction Violations and 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
Robert S. Marticello
Smiley | Wang-Ekvall, LLP; Costa Mesa, Calif.
First Look at Small Business Reorganization Act Cases
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Grant L. Cartwright
May, Potenza, Baran & Gillespie, P.C.; Phoenix
James E. Cross
Cross Law Firm P.L.C.; Phoenix
Eight COVID-19 Predictions for a Brave New Bankruptcy World: Hits, Misses and the Unforeseen
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
2:45-3:30 p.m.
Margarita Reception
4:00 p.m.
Optional Event
Ocean Kayaking
Stand-Up Paddleboarding
Saturday, August 22
7:30-11:00 a.m.
ABI Registration Desk Open
7:30-9:00 a.m.
Networking Breakfast
8:20-8:30 a.m.
Welcome Remarks
8:30-9:45 a.m.
Crossover Ethics Topic: Strategies and Risks of Bankruptcy as a Response to State Court Litigation
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Concord
Cody J. Jess
Moyes Sellers & Hendricks Ltd.; Phoenix
Hon. Eric D. Madden (ret.)
Reid Collins & Tsai LLP; Dallas
Samuel A. Schwartz
Schwartz Law, PLLC; Las Vegas
9:45-10:00 a.m.
Break
10:00-11:00 a.m.
Judicial Round-n-Round
Lindsi M. Weber, Moderator
Polsinelli PC; Phoenix
Hon. Eddward P. Ballinger
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
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. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Concord
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. Margaret M. Mann
U.S. Bankruptcy Court (S.D. Cal.); San Diego
Hon. Paul Sala
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Hon. David T. Thuma
U.S. Bankruptcy Court (D. N.M.); Albuquerque
11:00 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 Chair
Louis M. Bubala III
Kaempfer Crowell; Reno, Nev.
Advisory Board
Heather LaSalle Alexis
McGlinchey Stafford PLLC; New Orleans
Thomas H. Allen
Allen Barnes & Jones, PLC; Phoenix
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Jeffrey Bjork
Latham & Watkins LLP; 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
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 Franciso
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
Eric D. Madden
Reid Collins & Tsai LLP; Dallas
Randy Nussbaum
Sacks Tierney P.A.; Scottsdale, Ariz.
Justin E. Rawlins
Winston & Strawn LLP; Los Angeles
Cathy L. Reece
Fennemore Craig, P.C.; Las Vegas
Jeffrey M. Reisner
McDermott Will & Emery; Los Angeles
Isaac D. Rothschild
Mesch Clark Rothschild; Tuscon, Ariz.
Thomas J. Salerno
Stinson LLP; Phoenix
Samuel A. Schwartz
Schwartz Law, PLLC; Las Vegas
Howard J. Steinberg
Greenberg Traurig, LLP; Los Angeles
Khaled Tarazi
Bryan Cave Leighton Paisner LLP; Phoenix
Nellwyn Voorhies
Donlin, Recano & Company, Inc.; New York
Lindsi M. Weber
Polsinelli PC; Phoenix
Christopher J. Wells
Alvarez & Marsal; Phoenix
Daniel R. Williams
Fenix Financial Forensics LLC; Scottsdale, Ariz.
John T. Young, Jr.
Conway MacKenzie, Inc.; Houston
Conference Information
Hotel
Terranea (terra-NAY-a) Resort is poised above the Pacific on the beautiful Palos Verdes Peninsula. A hidden gem on the Los Angeles coast, this 102-acre luxury Southern California resort destination is surrounded by tranquil waves and offers a whole new world of relaxation and adventure that words just can’t describe.
ABI has arranged for a special conference rate of $345 per night. Reservations must be made with the resort by July 29, 2020, to secure this special rate. Reservations may be made only 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.
Read more about the resort’s commitment to service excellence, outstanding reputation and workplace culture here.
Travel
Terranea is located on the Palos Verdes Peninsula, one of Southern California’s most scenic and coveted coastlines overlooking the Pacific Ocean and Catalina Island. Guests can enjoy a tranquil escape in this natural haven, conveniently located 30 minutes from both Los Angeles International and Long Beach Airports and just 30 miles south of Downtown Los Angeles. The resort address is 100 Terranea Way, Rancho Palos Verdes, CA 90275.
Conference Attire
Attire is casual throughout the conference.
Continuing Education Credit
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.
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].
Optional Events
Golf Tournament: 9 Holes of Golf at The Links at Terranea
Thursday, August 20, 10:00 a.m.
The Links at Terranea is a dramatic 9-hole, par 3 Southern California oceanfront golf course, with stunning views of the Pacific Ocean and Catalina Island. This is no ordinary 9-hole, par 3 course; rather, it is a collection of nine championship-caliber par 3 holes, masterfully routed and integrated with each other and the natural surroundings. $150 per player includes golf fee and lunch. Please select the appropriate event in the online registration portal to play, and indicate your handicap.
Guided Biking Tour
Thursday, August 20, 2:30 p.m.
Departing from the resort, this guided ride takes you along the Palos Verdes coastline, showcasing spectacular scenery along the way. The $165-per-person fee includes a two-hour tour with all necessary equipment, including a CPR-certified guide. Participants must be at least 16 years of age or older. A minimum number of participants is needed for this activity.
Guided Coastal Hike
Thursday, August 20, 2:30 p.m.
This guided hike stops at a variety of spectacular viewing points. As you walk along the coastal trails, the naturalist will point out local flora and fauna. You may see a California gnat catcher, a blue butterfly or an Allen’s hummingbird, all native to Southern California. The cost per person is $85.
Tequila Tasting
Thursday, August 20, 4:30-5:30 p.m.
Enjoy four samplings and an education on tier-one tequila. The cost per person is $85. Participants must be 21 years of age or over.
Ocean Kayaking
Friday, August 21, 4:00 p.m.
Paddle through the stunning kelp beds along the Terranea coastline. This underwater forest is home to California state fish, the Garibaldi, bottlenose dolphins, seals and sea lions, and bat rays. Experience the Catalina Channel’s famous underwater reserve on one of our stable sit-on-top tandem kayaks. Highly experienced instructors offer a safe, fun and informative tour, narrating highlights as you paddle. The $175 per person fee includes a two-hour guided tour, water shoes and life vests. Participants must be at least 8 years old and proficient swimmers. A minimum number of participants is needed for this activity.
Stand-Up Paddleboarding
Friday, August 21, 4:00 p.m.
Paddleboarding along the Palos Verdes coast is a must! Guided by an experienced instructor, you will test your core strength while paddling through amazing kelp beds, an endless ecosystem often referred to as an underwater rainforest. Learn about the ever-changing ocean landscape. You’ll have the best seat in the house! The $175-per-person fee includes 1-1.5-hour guided tour, water shoes and life vests. Participants must be at least 10 years old and proficient swimmers. A minimum number of participants is needed for this activity.
Registration Rates
Registration Rates Early Bird
(by 7/17/20)Regular
(7/18/20-8/7/20)Late
(after 8/7/20)ABI Member$645$695$795ABI Govt./Nonprofit Member$345$395$445Join and Save*$995$1,045$1,145New ABI Govt./Nonprofit Member*$470$520$570ON-SITE REGISTRATION FEE
ABI Member$800Join and Save*$1,150* 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
Opening ReceptionOpening Reception GuestFree$75Golf Tournament at The Links at TerraneaHandicap_________$150Guided Biking Tour$165Guided Coastal Hike$85Tequila Tasting$85Ocean Kayaking$175Stand-Up Paddleboarding$175Margarita ReceptionMargarita Reception GuestFree$50Cancellation Policy
All fees will be refunded if notice is received in writing by July 7, 2020. All fees, except a $75 handling fee, will be refunded if notice is received in writing by July 30, 2020. 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 is 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.
Event Information 287280
Thursday, June 25
4:00-4:15 p.m. EDT/3:00-3:15 p.m. CDT
Welcome
4:15-5:15 p.m. EDT/3:15-4:15 p.m. CDT
The Small Business Reorganization Act of 2019
The Small Business Restructuring Act of 2019 is one of the most important pieces of bankruptcy legislation passed since BAPCPA in 2005. This session will offer a deep dive into the practical aspects of the new Subchapter V of the Bankruptcy Code, offering insights into emerging case law, recent adjustments enacted by the CARES Act of 2020, and how to guide clients through a small business case from inception to confirmation.
Hon. Michael E. Ridgway, Moderator
U.S. Bankruptcy Court (D. Minn.); Minneapolis
William S. Hackney
SmithAmundsen LLC; Chicago
Anthony J. Kochis
Wolfson Bolton PLLC; Troy, Mich.
Kesha Tanabe
Tanabe Law; Minneapolis
5:15-5:30 p.m. EDT/4:15-4:30 p.m. CDT
Break
5:30-6:30 p.m. EDT/4:30-5:30 p.m. CDT
Great Debates
Alix v. McKinsey
Resolved: A financial advisor is required to disclose all connections, including the connections of its affiliates, when filing an application to be employed with the Court.
Brian Audette
Perkins Coie LLP; Chicago
Claire Ann Richman
Steinhilber Swanson LLP; Madison, WI
The Ethical Response to Client Misconduct
Resolved: If a client either refuses to comply with an obligation imposed by the Bankruptcy Code or Rules, or insists on taking action prohibited by the Code or Rules, the client’s attorney must file a motion to withdraw from representing the client and must disclose the disagreement regarding the client’s legal obligations.
Michael Richman
Steinhilber Swanson LLP; Madison, WI
Hon. Eugene Wedoff (ret.)
Chicago
6:30-7:30 p.m. EDT/5:30-6:30 p.m. CDT
Networking Happy Hour
Sponsored by Sherwood Partners
Friday, June 26
4:15-5:15 p.m. EDT/3:15-4:15 p.m. CDT
Welcome & Concurrent Sessions (2)
Hot Consumer Topics
The panelists will discuss the best practices for tricky Chapter 7s, Chapter 13 plan modifications filed pursuant to The CARES Act, tips for ensuring proper service, and a discussion of the current case law on 401(k) contributions and nunc pro tunc orders.
Hon. James. W. Boyd, Moderator
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Barbara P. Foley
Chapter 13 Trustee; Kalamazoo, Mich.
Nauni Manty
Manty & Associates, P.A.; Minneapolis
Charissa Potts
Freedom Law, PC; Eastpointe, Mich.
Liquidating Assets
With many legal observers predicting an unprecedented tsunami of commercial bankruptcy filings, many companies will face challenges regarding the best strategies for liquidating their assets. This session will offer a range of options to consider, including § 363 sales, receiverships, Article 9 and other means of selling assets.
Hon. Catherine J. Furay, Moderator
U.S. Bankruptcy Court (W.D. Wis.); Madison
Marc M. Bakst
Bodman; Detroit
Michael Deeba
Baker Tilly Virchow Krause, LLP; Oklahoma City
Rebecca DeMarb
DeMarb Brophy LLC; Madison, Wis.
5:15-5:30 p.m. EDT/4:15-4:30 p.m. CDT
Break
5:30-6:30 p.m. EDT/4:30-5:30 p.m. CDT
Judicial Round and Round
In this virtual variation on the judicial “speed dating” format, a group of distinguished judges from the Central States region will offer discussions of current bankruptcy and practical skills issues in an innovative Zoom-style presentation. Every 15 minutes, judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.
Hon. Joel D. Applebaum
U.S. Bankruptcy Court (E.D. Mich.); Flint
Hon. Janet S. Baer
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Hon. James W. Boyd
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Hon. Catherine J. Furay
U.S. Bankruptcy Court (W.D. Wis.); Madison
Hon. John Gregg
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Hon. G. Michael Halfenger
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Hon. Beth E. Hanan
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Hon. Michael E. Ridgway
U.S. Bankruptcy Court (E.D. Minn.); Minneapolis
Hon. Deborah Thorne
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Hon. Eugene Wedoff (ret.)
Chicago
6:30-7:30 p.m. EDT/5:30-6:30 p.m. CDT
Networking Happy Hour
Sponsored by Greenberg Traurig, LLP
Workshop Chairs
Hon. James. W. Boyd, Judicial Co-Chair
U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids
Hon. Catherine J. Furay, Judicial Co-Chair
U.S. Bankruptcy Court (W.D. Wis.); Madison
Mark L. Radtke, Co-Chair
Fox Rothschild LLP; Chicago
Scott A. Wolfson, Co-Chair
Wolfson Bolton PLLC; Troy, Mich.
Advisory Board
A. Todd Almassian
Keller & Almassian; Grand Rapids, Mich.
Allison R. Bach
Dickinson Wright PLLC; Detroit
Kay Dee Baird
Krieg DeVault; Indianapolis
Matthew A. Beresh
Mackinac Partners LLC; Bloomfield Hills, Mich.
Brendan G. Best
Varnum LLP; Detroit
Chris L. Blacker
AlixPartners, LLP; Chicago
Mark A. Bogdanowicz
Howard & Howard Attorneys PLLC; Peoria, Ill.
Steven B. Chaiken
Adelman & Gettleman, Ltd.; Chicago, Ill.
Scott R. Clar
Crane, Simon, Clar & Dan; Chicago
Tracy M. Clark
Steinberg Shapiro & Clark; Southfield, Mich.
Rebecca R. DeMarb
DeMarb Brophy LLC; Madison, Wis.
Shelly A. DeRousse
Freeborn & Peters LLP; Chicago
Daniel F. Dooley
MorrisAnderson; Chicago
Scott A. Eisenberg
Amherst Partners; Birmingham, Mich.
Robert C. Folland
Barnes & Thornburg LLP; Columbus, Ohio
Andrea Gonzalez
Alvarez & Marsal Holdings, LLC; Chicago
E. Philip Groben
Gensburg Calandriello & Kanter, P.C.; Chicago
Nicholas L. Hahn
Godfrey & Kahn, S.C.; Green Bay, Wis.
Hon. Beth E. Hanan
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Robert P. Handler
Commercial Recovery Associates, LLC; Chicago
Jeffrey A. Hokanson
Ice Miller LLP; Indianapolis
Allison B. Hudson
Vedder Price; Chicago
Thomas George King
Kreis Enderle Hudgins & Borsos, P.C.; Kalamazoo, Mich.
Richard E. Kruger
Jaffe Raitt Heuer & Weiss; Southfield, Mich.
Harve C. Light
Conway MacKenzie, Inc.; Birmingham, Mich.
James A. Lodoen
Ballard Spahr LLP; Minneapolis
Dennis W. Loughlin
Warner Norcross + Judd LLP; Southfield, Mich.
Hon. Brett H. Ludwig
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Evelyn J. Meltzer
Pepper Hamilton LLP; Wilmington, Del.
John W. Menn
Steinhilber Swanson LLP; Oshkosh, Wis.
Nicholas M. Miller
McDonald Hopkins LLC; Chicago
Cynthia A. Moyer
Fredrikson & Byron P.A.; Minneapolis
Joel D. Nesset
Cozen O’Connor; Minneapolis
Brittany Ogden
Quarles & Brady; Madison, Wis.
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
John T. Piggins
Miller, Johnson, Snell & Cummiskey, P.L.C.; Grand Rapids, Mich.
Melissa M. Root
Jenner & Block; Chicago
Jayson B. Ruff
U.S. Department of Justice; Houston
Nathan Q. Rugg
Barack Ferrazzano Kirschbaum & Nagelberg LLP; Chicago
Anne R. Vanderkamp
Baker Tilly Virchow Krause, LLP; Chicago
Elizabeth B. Vandesteeg
Sugar Felsenthal Grais & Helsinger LLP; Chicago
Iana A. Vladimirova
Husch Blackwell LLP; Madison, Wis.
Eric E. Walker
Perkins Coie LLP; Chicago
Matthew Warren
King & Spalding LLP; Chicago
David K. Welch
Burke, Warren, MacKay & Serritella, P.C.; Chicago
Continuing Education Credit*
This program is eligible for 4 hours of general CLE credit including 1 hour of ethics in states calculating CLE on a 60-minute hour, and 4.8 hours of general CLE credit including 1.2 hours of ethics in 50-minute-hour states. Credit hours are estimated and 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 4 hours including 1 hour of 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 4.5 credit hours of which 3.5 credit hours can be applied toward the professional practice requirement, 1 credit hour can be applied toward the ethics professionalism requirement.
4.5 hours of CPE credit including 1 hour 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.
Conference Rates
ABI Member & Nonmember:$100ABI Membership for New Members*:$300* Includes a one-year ABI membership for first-time members — a $375 value! Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership renewal fee.
Cancellation Policy
No refunds will be granted for this online program. Should you become unable to attend any or all of the sessions, a recording of all sessions will be sent to you, along with the corresponding educational materials.
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 is 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.
When and how can I access the virtual conference?
Registered attendees will receive a link via email to the attendee website 48 hours before the first session begins. The link will be sent to the email address you used to register for the program, and this is how you will access all of the conference content. You’ll use the same link each day to access the attendee website for the live conference and whenever you choose to view the on-demand content.
What if I don't receive the link?
Contact [email protected], and a member of the ABI team can provide you with one.
Can I share this link with others?
As with in-person meetings, registrations cannot be shared. The registration provides a secure single sign-on experience for the user.
How much time should I expect to be online during the event days?
The virtual workshop takes place over about 3.5 hours in the afternoon on both Thursday and Friday. During breaks from the live sessions, you can visit other areas of the conference, such as the Attendee Lounge.
Are there any specific technology requirements?
You will be able to access the program sessions without downloading any plug-ins or software. However, for best results, we recommend that you use Google Chrome, Mozilla Firefox and Chromium Edge to access the sessions. The program will not be available on a mobile/cell phone (iPhone, Android, Blackberry), but can be accessed through laptop, desktop (PC or Mac) and certain other mobile devices (Surface Pro, iPad).
What are the suggested web browser prerequisites?
Internet Explorer 10 or higher
Chromium Edge 80 or higher
Google Chrome 53.0.2785 or higher
Safari 10.0.602.1.50 or higher
Firefox 76 or higher
Note: Mobile web browsers are not supported.Event Information 288322
Friday, July 24
12:15 p.m.
Welcome & Information
12:30-1:45 p.m.
Judicial Merry-Go-Round
In this virtual roundtable format, a group of distinguished judges from the Southeast region (and beyond!) will discuss current bankruptcy issues and practical courtroom skills in an innovative Zoom-style presentation. Every 20 minutes, judges and attendees will rotate to a new online “room,” pre-selected by participants. Enjoy quality time and gain valuable insights into best practices from judges and colleagues.
Hon. Benjamin A. Kahn, Moderator
U.S. Bankruptcy Court (M.D.N.C.); Greensboro
Hon. Suzanne Bauknight
U.S. Bankruptcy Court (E.D. Tenn.); Knoxville
Hon. Catherine J. Furay
U.S. Bankruptcy Court (W.D. Wis.); Madison
Hon. Scott M. Grossman
U.S. Bankruptcy Court (S.D. Fla.); Fort Lauderdale
Hon. Barbara J. Houser, Chief Judge
U.S. Bankruptcy Court (N.D. Tex.); Dallas
Hon. Stephani W. Humrickhouse
U.S. Bankruptcy Court (E.D. N.C.); Raleigh
Hon. Christopher M. Lopez
U.S. Bankruptcy Court (S.D. Tex.); Houston
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky); Lexington
Hon. Sage M. Sigler
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
1:45-2:00 p.m.
Break
2:00-3:00 p.m.
Concurrent Sessions (3)
Big Ag Panel
Hon. Catherine J. Furay, Moderator
U.S. Bankruptcy Court (W.D. Wis.); Madison
Brian J. Fox
Alvarez & Marsal; New York
Ryan T. Murphy
Fredrikson & Byron, P.A.; Minneapolis
Kristy N. Waterman
Dean Foods; Dallas
Consumer Panel: Hot topics & more.
More to come!
Valuation Testimony
The panel, featuring a judge, opposing expert witnesses and opposing counsel will present a role play type discussion on valuation testimony in bankruptcy court. The focus of the discussion will be on best practices in attacking and defending expert witness testimony and will also touch on recent pandemic issues impacting valuations.
Hon. Stephani W. Humrickhouse
U.S. Bankruptcy Court (E.D. N.C.); Raleigh
David MacGreevey
AlixPartners, LLP; New York
Barry Mukamal
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Lynn W. Sherman
Trenam Law; Tampa, Fla.
Eric J. Silver
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.; Miami
3:00-3:15 p.m.
Break
3:15-4:15 p.m.
How to Have Your Evidence Admitted
David L. Gay
Carlton Fields, P.A.; Miami
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky); Lexington
Alexandra ‘CC’ Schnapp
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Rory D. Whelehan
Whelehan Law Firm, LLC; Greenville, S.C.
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
4:15-5:15 p.m.
Ethics Quick Hits
The panelists will cover a host of topics, ranging from ethical issues surrounding micro-business chapter 7 cases, confidentiality and ethical issues related to working remotely, to limited representation and obligations of counsel in bankruptcy. You'll also hear a trustee's perspective on conflicts, retention and employing special counsel.
Ashley Edwards, Moderator
Parker Poe Adams & Bernstein LLP, Charlotte, N.C.
Hon. Scott M. Grossman
U.S. Bankruptcy Court (S.D. Fla.); Fort Lauderdale
Jennifer B. Lyday
Waldrep LLP; Winston-Salem, N.C.
Henry C. Shelton, III
Adams & Reese LLP; Memphis
David A. Wender
Alston & Bird LLP; Atlanta
5:15-6:15 p.m.
Networking Happy Hour
6:15 p.m.
Adjourn
Workshop Chairs
Hon. Benjamin A. Kahn, Judicial Chair
U.S. Bankruptcy Court (M.D.N.C.); Greensboro
James R. Irving, Co-Chair
Dentons Bingham Greenebaum; Louisville, Ky.
Jennifer M. McLemore, Co-Chair
Williams Mullen; Richmond, Va.
Advisory Board
Bryan E. Bates
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Jody A. Bedenbaugh
Nelson Mullins Broad and Cassel; Columbia, S.C.
David K. Bowsher
Balch & Bingham LLP; Birmingham, Ala.
Christine E. Brimm
Barton Brimm, PA; Columbia, S.C.
Matthew R. Brooks
Troutman Sanders LLP; Atlanta
Beverly M. Burden
Chapter 13 Trustee (E.D. Ky.); Lexington
J. P. Cournoyer
Northen Blue LLP; Chapel Hill, N.C.
Robert A. Cox, Jr.
Bradley Arant Boult Cummings LLP; Charlotte, N.C.
Melissa J. Davey
Standing Chapter 13 Trustee (N.D. Ga.); Atlanta
Melissa Davis
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Denise D. Dell-Powell
Dean, Mead; Orlando, Fla.
Kelly Desgrosseilliers
Epiq; Wilmington, Del.
Jane H. Downey
Moore Taylor Law Firm, P.A.; West Columbia, S.C.
Jeffrey R. Dutson
King & Spalding LLP; Atlanta
Reid E. Dyer
Moore & Van Allen PLLC; Charleston, S.C.
Ashley A. Edwards
Parker Poe Adams & Bernstein LLP; Charlotte, N.C.
Jonathan T. Edwards
Alston & Bird LLP; Atlanta
John David Folds
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; Washington, D.C.
Curt S. Friedberg
GGG Partners, LLC; Atlanta
Craig M. Geno
Law Offices of Craig M. Geno, PLLC; Ridgeland, Miss.
Richard R. Gleissner
Gleissner Law Firm; Columbia, S.C.
Elizabeth A. Green
BakerHostetler; Orlando, Fla.
James S. Hadfield
Configure Partners, LLC; Atlanta
John B. Hutton, III
Greenberg Traurig, LLP; Miami
Joe A. Joseph
Burr & Forman LLP; Nashville, Tenn.
Stephanie C. Lieb
Trenam Law; Tampa, Fla.
Justin B. Little
Reynolds, Reynolds & Little, LLC; Tuscaloosa, Ala.
Jennifer B. Lyday
Waldrep LLP; Winston-Salem, N.C.
John H. Maddock III
McGuireWoods LLP; Richmond, Va.
Chris R. Maddux
Butler Snow LLP; Ridgeland, Miss.
John Makuch
Alvarez & Marsal; Atlanta
Ryan E. Manns
Norton Rose Fulbright US LLP; Dallas
Robert M. Mercer
Mercer Law, LLP; Atlanta
Lance T. Miller
The Claro Group, LLC; Atlanta
Mark A. Mintz
Jones Walker LLP; New Orleans
J. Leland Murphree
Maynard Cooper & Gale; Birmingham, Ala.
Christine L. Myatt
Nexsen Pruet; Greensboro, N.C.
Raoul Nowitz
SOLIC Capital; Atlanta
Jamie W. Olinto
Adams & Reese LLP; Jacksonville, Fla.
Nisha R. Patel
Samuel I. White, P.C.; Richmond, Va.
Edward J. Peterson, III
Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.
Rebecca F. Redwine
Hendren, Redwine & Malone, PLLC; Raleigh, N.C.
Jeremy L. Retherford
Balch & Bingham, LLP; Birmingham, Ala.
David L. Rosendorf
Kozyak Tropin & Throckmorton; Miami
Ashley S. Rusher
Blanco Tackabery & Matamoros, P.A.; Winston-Salem, N.C.
David M. Schilli
Robinson, Bradshaw & Hinson, P.A.; Charlotte, N.C.
J. Ellsworth Summers, Jr.
Burr & Forman LLP; Jacksonville, Fla.
Nicolette C. Vilmos
Nelson Mullins Broad and Cassel; Orlando, Fla.
Jason H. Watson
Morris, Manning & Martin, LLP; Atlanta
Jeffrey R. Waxman
Morris James LLP; Wilmington, Del.
Michael H. Weaver
Burr & Forman LLP; Columbia, S.C.
Margaret R. Westbrook
K&L Gates LLP; Raleigh, N.C.
Nancy J. Whaley
Office of Nancy J. Whaley, Standing Chapter 13 Trustee; Atlanta
Rory D. Whelehan
Whelehan Law Firm, LLC; Greenville, S.C.
Jeremy S. Williams
Kutak Rock LLP; Richmond, Va.
Kristi S. Williams
Lefkoff, Rubin, Gleason & Russo, P.C.; Atlanta
Southeast Bankruptcy Workshop Sponsors
If you're interested in sponsoring this event, please contact [email protected].
Continuing Education Credit
This program is eligible for 4.25 hours of general CLE credit, including 1 hour of ethics, in states calculating CLE on a 60-minute hour, and 5.1 hours of general CLE credit, including 1.2 hours of ethics, in 50-minute-hour states. Credit hours are estimated and 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 4.25 hours, including 1 hour of 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 5 credit hours, of which 4 credit hours can be applied toward the professional practice requirement and 1 credit hour can be applied toward the ethics professionalism requirement.
5 hours of CPE credit, including 1 hour of behavioral ethics, are also available. Instructional Delivery Method: Group Internet-Based
* 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.
Conference Rates
ABI Member & Non-member:$100Program + ABI Membership for New Members*:$400* Includes a one-year ABI membership for first-time members — a $375 value! Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership renewal fee.
Cancellation Policy
No refunds will be granted for this online program. Should you become unable to attend any or all of the sessions, upon request, a recording of all sessions can be sent to you, along with the corresponding educational materials.
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 is 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.
When and how can I access the virtual conference?
Registered attendees will receive a link via email to the attendee website 48 hours before the first session begins. The link will be sent to the email address you used to register for the program, and this is how you will access all of the conference content. You’ll use the same link each day to access the attendee website for the live conference and whenever you choose to view the on-demand content.
What if I don't receive the link?
Contact [email protected], and a member of the ABI team can provide you with one.
Can I share this link with others?
As with in-person meetings, registrations cannot be shared. The registration provides a secure single sign-on experience for the user.
How much time should I expect to be online during the event days?
The virtual workshop takes place over about 3.5 hours in the afternoon on both Thursday and Friday. During breaks from the live sessions, you can visit other areas of the conference, such as the Attendee Lounge.
Are there any specific technology requirements?
You will be able to access the program sessions without downloading any plug-ins or software. However, for best results, we recommend that you use Google Chrome, Mozilla Firefox and Chromium Edge to access the sessions. The program will not be available on a mobile/cell phone (iPhone, Android, Blackberry), but can be accessed through laptop, desktop (PC or Mac) and certain other mobile devices (Surface Pro, iPad).
What are the suggested web browser prerequisites?
Internet Explorer 10 or higher
Chromium Edge 80 or higher
Google Chrome 53.0.2785 or higher
Safari 10.0.602.1.50 or higher
Firefox 76 or higher
Note: Mobile web browsers are not supported.Event Information 288404
Thursday, August 6
3:00-3:15 p.m.
Welcome
3:15-4:15 p.m.
ABI Talks
Based on the TED Talks format, this year’s ABI Talks will focus on three discrete issues: (1) the coronavirus, namely the reaction of the market, what industries have been/are going to be hurt the most, and the potential short-term and long-term financial implications of the outbreak, including bringing otherwise-healthy industries into the bankruptcy discussion (such as airlines, oil companies, cruise lines, etc.); (2) the changing public perceptions of bankruptcy, looking at the way history has moved from imprisoning debtors to bankruptcy being such a commonly accepted tool to address debts that even the President has used it; and (3) social issues in bankruptcy, such as the #MeToo movement and the Catholic priest and Boy Scouts scandals.
G. David Dean
Cole Schotz P.C.; Wilmington, Del.
Kathryn L. Harrison
Campbell & Levine, LLC; Pittsburgh
Thomas M. Horan
Fox Rothschild LLP; Wilmington, Del.
4:15-4:30 p.m.
Break
4:30-5:30 p.m.
Concurrent Sessions (choose 1 or 2)
1. Cannabis in Bankruptcy
The panel will briefly address the historical use of cannabis in America for medicinal purposes and the subsequent criminalization of cannabis, which was racially motivated. The panel will then discuss the challenges faced by corporate entities that seek to obtain bankruptcy protection when at least a portion of their income is derived from the sale or cultivation of cannabis, the lease of space to cannabis companies, or the sale or manufacture of products used in connection with a cannabis business. The panel also will discuss the nonbankruptcy options for these entities, as well as the financial hurdles faced by such entities. Finally, a representative from a community bank in Maryland will discuss the services that her bank is able to provide to cannabis dispensaries.
Hon. Ashely M. Chan, Moderator
U.S. Bankruptcy Court (E.D. Pa.); Philadelphia
Andrea E. Colender
Severn Savings Bank; Annapolis, Md.
Jesse M. Harris
Fox Rothschild LLP; Philadelphia
Mark A. Salzberg
Squire Patton Boggs; Washington, D.C.
2. Bax Decision
This panel will discuss recent bankruptcy court decisions addressing the Delaware Court of Chancery’s decision in CML V LLC v. Bax, and how these decisions impact a creditors’ committee’s or any other creditor’s ability to bring derivative claims against third parties. The panelists will also provide examples of how committees and judges are solving this issue through financing orders and other methods.
Amanda R. Steele, Moderator
Richards, Layton & Finger, PA; Wilmington, Del.
Hon. Michael B. Kaplan
U.S. Bankruptcy Court (D. N.J.); Trenton
Stacy A. Lutkus
McDermott Will & Emery; New York
Curtis S. Miller
Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.
5:30-6:30 p.m.
Virtual Networking
Find your comfiest chair, then join your Mid-Atlantic colleagues online for some relaxed socializing!
Friday, August 7
3:00-4:00 p.m.
Concurrent Sessions (choose 1 or 2)
1. The Pros and Cons of Transactions Involving Distressed Hospitals and Health Care Providers
This panel will provide an analysis of the current levels of financial distress across the hospital, skilled-nursing and home-health sectors using various measurements, including distributions by state.
Hon. Patricia M. Mayer
U.S. Bankruptcy Court (E.D. Pa.); Reading
Achintya Moulick
Alvarez & Marsal; Philadelphia
Scott Phillips
Healthcare Management Partners, LLC; Washington, D.C.
Cynthia Romano
CohnReznick LLP; New York
2. Ethics: How to Get Retained as Debtors’ Attorneys
This session will focus on professional retention issues in chapter 11 cases, starting with a brief primer on applicable Bankruptcy Code sections. The panelists will then delve into recent case law on such hot topics as disclosures, conflicts and retroactive relief.
Shanti M. Katona, Moderator
Polsinelli PC; Wilmington, Del.
Brett D. Fallon
Morris James LLP; Wilmington, Del.
Hon. Robert E. Grossman
U.S. Bankruptcy Court (E.D.N.Y.); New York
George R. Howard
Vinson & Elkins LLP; New York
Christopher A. Jones
Whiteford Taylor Preston LLP; Falls Church, Va.
4:00-4:15 p.m.
Break
4:15-5:15 p.m.
Judicial Round-and-Round
In this virtual variation on the in-person format, a group of distinguished judges from the Mid-Atlantic region will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. Every 20 minutes, judges and attendees will rotate to a new online “room,” pre-selected by participants. Enjoy quality time and gain valuable insights into best practices with judges and colleagues.
5:15-6:30 p.m.
Virtual Networking
Wrap up the workshop with some relaxed socializing!
Chairs
Hon. Ashely Chan, Judicial Co-Chair
U.S. Bankruptcy Court (E.D. Pa.); Philadelphia
Hon. Stacey L. Meisel, Judicial Co-Chair
U.S. Bankruptcy Court (D. N.J.); Newark
Anne Eberhardt, Co-Chair
Gavin/Solmonese LLC; New York
Shanti M. Katona, Co-Chair
Polsinelli PC; Wilmington, Del.
Lisa B. Tancredi, Co-Chair
Gebhardt & Smith LLP; Baltimore
Advisory Board
Steven F. Agran
Carl Marks & Co. Inc.; New York
Kimberly A. Brown
Landis Rath & Cobb LLP; Wilmington, Del.
Stuart M. Brown
DLA Piper; Wilmington, Del.
Anthony R. Calascibetta
EisnerAmper LLP; Iselin, N.J.
Kevin P. Clancy
CohnReznick LLP; Roseland, N.J.
Kara Hammond Coyle
Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.
G. David Dean
Cole Schotz P.C.; Wilmington, Del.
Paul H. Deutch
Omni Agent Solutions; New York
Linda V. Donhauser
Miles & Stockbridge; Baltimore
Louis J. Ebert
Rosenberg Martin Greenberg, LLP; Baltimore
Brett D. Fallon
Morris James LLP; Wilmington, Del.
Mark E. Felger
Cozen O’Connor; Wilmington, Del.
Charles M. Forman
Forman Holt Attorneys at Law; Paramus, N.J.
Christopher J. Giaimo
Squire Patton Boggs; Washington, D.C.
Elizabeth L. Gunn
Virginia Office of the Attorney General; Richmond, Va.
Jason W. Harbour
Hunton Andrews Kurth; Richmond, Va.
Michael R. Herz
Fox Rothschild LLP; Morristown, N.J.
Jarret P. Hitchings
Duane Morris LLP; Wilmington, Del.
Thomas M. Horan
Fox Rothschild LLP; Wilmington, Del.
Richard Infantino
Deloitte CRG; Philadelphia
Ericka F. Johnson
Womble Bond Dickinson (US) LLP; Wilmington, Del.
Laura D. Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del.
Lawrence A. Katz
Hirschler Fleischer, PC; Tysons Corner, Va.
Shelley A. Kinsella
Elliott Greenleaf, P.C.; Wilmington, Del.
Kenneth W. Mann
Equity Partners HG LLC; Easton, Md.
Erika L. Morabito
Foley & Lardner LLP; Washington, D.C.
Richard Newman
Alvarez & Marsal; Chicago
Edward A. Phillips
Getzler Henrich & Associates LLC; New York
David M. Powlen
Barnes & Thornburg LLP; Wilmington, Del.
Kenneth A. Rosen
Lowenstein Sandler LLP; Roseland, N.J.
Jeffrey N. Rothleder
Squire Patton Boggs; Washington, D.C.
Jeffrey M. Schlerf
Fox Rothschild LLP; Wilmington, Del.
Joseph L. Schwartz
Riker Danzig Scherer Hyland & Perretti LLP; Morristown, N.J.
Angela L. Shortall
3Cubed Advisory Services, LLC; Baltimore
Natasha Songonuga
Gibbons P.C.; Wilmington, Del.
Amanda R. Steele
Richards, Layton & Finger, PA; Wilmington, Del.
David I. Swan
McGuireWoods LLP; Tysons, Va.
Stanley B. Tarr
Blank Rome LLP; Wilmington, Del.
Sara C. Temes
Bond, Schoeneck & King PLLC; Syracuse, N.Y.
Jeremy P. VanEtten
Gavin/Solmonese LLC; Wilmington, Del.
Craig D. Warznack
SSG Capital Advisors, LLC; Conshohocken, Pa.
Jolene E. Wee
JW Infinity Consulting, LLC; New York
Christopher B. Wick
Hahn Loeser & Parks LLP; Cleveland
Please contact Erin Finnegan at [email protected] for sponsorship opportunities.
Continuing Education Credit*
This program is eligible for 4 hours of general CLE credit, including 1 hour of ethics, in states calculating CLE on a 60-minute hour, and 4.8 hours of general CLE credit, including 1.2 hours of ethics, in 50-minute-hour states. Credit hours are estimated and 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 4 hours, including 1 hour of 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 4.5 credit hours, of which 3.5 credit hours can be applied toward the professional practice requirement and 1 credit hour can be applied toward the ethics professionalism requirement.
4.5 hours of CPE credit, including 1 hour of behavioral ethics, are also available. Instructional Delivery Method: Group Internet-Based.
* 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.
Conference Rates
ABI Member & Nonmember:$100Registration + ABI Membership for New Members*:$400* Includes a one-year ABI membership for first-time members — a $375 value! Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership renewal fee.
Cancellation Policy
No refunds will be granted for this online program. Should you become unable to attend any or all of the sessions, a recording of all sessions will be sent to you, along with the corresponding educational materials.
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 is 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.
When and how can I access the virtual conference?
Registered attendees will receive a link via email to the attendee website 48 hours before the first session begins. The link will be sent to the email address you used to register for the program, and this is how you will access all of the conference content. You’ll use the same link each day to access the attendee website for the live conference and whenever you choose to view the on-demand content.
What if I don't receive the link?
Contact [email protected], and a member of the ABI team can provide you with one.
Can I share this link with others?
As with in-person meetings, registrations cannot be shared. The registration provides a secure single sign-on experience for the user.
How much time should I expect to be online during the event days?
The virtual workshop takes place over about 3.5 hours in the afternoon on both Thursday and Friday. During breaks from the live sessions, you can visit other areas of the conference, such as the Attendee Lounge.
Are there any specific technology requirements?
You will be able to access the program sessions without downloading any plug-ins or software. However, for best results, we recommend that you use Google Chrome, Mozilla Firefox and Chromium Edge to access the sessions. The program will not be available on a mobile/cell phone (iPhone, Android, Blackberry), but can be accessed through laptop, desktop (PC or Mac) and certain other mobile devices (Surface Pro, iPad).
What are the suggested web browser prerequisites?
Internet Explorer 10 or higher
Chromium Edge 80 or higher
Google Chrome 53.0.2785 or higher
Safari 10.0.602.1.50 or higher
Firefox 76 or higher
Note: Mobile web browsers are not supported.Event Information 288437
Wednesday, July 29
1:30-2:30 p.m.
Emerging Leader Program
Sponsored by Bernstein Shur
As the Beatles once suggested, “We Can Work It Out!” In what promises to be a dynamic interactive session, we will be dividing participants — culled from a list of emerging leaders — into four teams. Working in separate breakout rooms, each team will consider a workout simulation based on a simple fact pattern and — with the assistance of a facilitator — formulate a resolution, then present their resolution to the group at large. As always, emerging leaders will have the opportunity to join breakout groups with bankruptcy judges afterward for stimulating discussion. Have you got what it takes to create a winning workout?
Lindsay Zahradka Milne
Bernstein Shur; Portland
Hon. Christopher J. Panos
U.S. Bankruptcy Court (D. MA.), Boston
Cynthia Romano
CohnReznick LLP; New York
2:45-3:00 p.m.
Welcome Address
3:00-4:00 p.m.
Concurrent Sessions (choose Consumer or Business)
Consumer Breakout
The Small Business Reorganization Act of 2019
More than 14 years after Congress amended the Bankruptcy Code to provide special rules and procedures for “small business debtors,” it enacted the Small Business Reorganization Act of 2019. In the wake of the economic damage caused by COVID-19 and the necessary governmental response, Congress then amended the SBRA in the CARES Act to raise the debt limit to $7.5 million (subject to a possible one-year sunset). How will the SBRA change your practice? With a $7.5 million debt limit, standing trustees, a streamlined reorganization process, the elimination of the absolute priority rule and § 1129(a)(10), and the possible modification of certain mortgages, the SBRA presents new opportunities for small business debtors and their stakeholders. This panel will take a look at cases under the new law in its early days, as well as how it impacts eligible individual debtors (and their creditors).
Stephen B. Darr
Huron Consulting Group; Boston, MA
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. NH.) ; Concord
Robert J. Keach
Bernstein Shur, Portland, ME
Stephen G. Morrell
Office of the U.S. Trustee, Portland, ME
Business Breakout
Exploring the Effects of and Novelties Related to the Coronavirus in the Bankruptcy World
The novel coronavirus has certainly induced many systemic changes around the world, and the bankruptcy and restructuring industry is no exception. What once worked in a pre-COVID-19 world might not work anymore, so parties must adapt quickly, often with no precedence upon which to rely. This panel will discuss the idiosyncrasies and novel ways bankruptcy practice is operating, restructuring and adapting to a “new normal,” and how constituencies on all sides of the table are approaching its unique aspects.
Hon. Janet E. Bostwick
U.S. Bankruptcy Court (D. MA.); Boston
Cindi E. Giglio
Gordon Brothers Group, LLC; New York
Cristine Pirro Schwarzman
Ropes & Gray LLP; New York
4:00-4:15 p.m.
Break
4:15-5:15 p.m.
Plenary Session
Litigation in a Virtual World: Strategies, Technology Issues and Ethical Considerations
Sponsored by Ford, McDonald, McPartlin & Borden, P.A.
Andrew C. Helman
Murray Plumb & Murray; Portland
Eric A. Henzy
Zeisler & Zeisler, PC; Bridgeport
Hon. Julie A. Manning
U.S. Bankruptcy Court (D. CT.); Bridgeport
Yvette R. Austin Smith
The Brattle Group; New York
5:15-6:15 p.m.
Networking Happy Hour
Sponsored by Getzler Henrich & Associates LLC
Thursday, July 30
3:00-4:00 p.m.
Concurrent Sessions (choose Consumer or Business)
Consumer Breakout
Bankruptcy Mediation in Consumer Cases: New Tools for Changing Times
Consumer cases require quick, effective and efficient answers to complex legal issues. Bankruptcy cases are expected to surge as a result of the economic consequences wrought by COVID-19, creating a logjam in the bankruptcy courts that is expected to continue. Mediation is the relief valve, providing opportunities for consumer practitioners to minimize delay and resolve intractable problems. The panelists will discuss the phases of mediation, applicable rules and statutes, cases most suitable for mediation, how to select a mediator, confidentiality and privilege issues, how to prepare both your client and your case, remote mediation, and best practices for achieving a favorable result.
Hon. Peter G. Cary
U.S. Bankruptcy Court; Portland, Maine
Jerrol A. Crouter
Drummond Woodsum; Portland, Maine
Hon. Louis H. Kornreich (ret.)
Bernstein, Shur, Sawyer & Nelson, P. A .; Portland, Maine
Donald R. Lassman
Law Office of Donald R. Lassman; Needham, Mass.
Business Breakout
Out of Workouts
How are lenders, borrowers and vested parties adapting to a rapidly changing environment? Are lenders and other creditors becoming more or less aggressive as business plans and borrowing bases are indefinitely affected by the suppressed commercial activity from the coronavirus? The panelists explore these issues and more.
Hon. James J. Tancredi
U.S. Bankruptcy Court (D. CT.); Avon
Sandra J. Vrejan
Morgan Lewis & Bockius LLP; Boston
4:00-4:15 p.m.
Break
4:15-5:15 p.m.
Judicial Round-and-Round
In this virtual variation on the in-person format, a group of distinguished judges from the Northeast region will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. Every 20 minutes, judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.
Hon. Janet E. Bostwick
U.S. Bankruptcy Court (D. MA.); Boston
Hon. Peter G. Cary
U.S. Bankruptcy Court (D. ME.); Portland
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Hon. Michael A. Fagone
U.S. Bankruptcy Court (D. ME.); Bangor
Hon. Diane Finkle
U.S. Bankruptcy Court (D. R.I.)
Hon. Elizabeth D. Katz
U.S. Bankruptcy Court(D.MA.); Springfield
Hon. Cecelia G. Morris
U.S. Bankruptcy Court(S.D.N.Y.); Poughkeepsie
Hon. Ann M. Nevins
U.S. Bankruptcy Court (D. CT.);New Haven
Hon. Christopher J. Panos
U.S. Bankruptcy Court (D. MA.); Boston
Hon. Elizabeth S. Stong
U.S. Bankruptcy Court (E. D. NY.); Brooklyn
Hon. James J. Tancredi
U.S. Bankruptcy Court (D. CT.); Avon
5:15-6:15 p.m.
Networking Happy Hour
Sponsored by DiCicco, Gulman & Company LLP
Northeast Bankruptcy Conference Co-Chairs
Hon. Diane Finkle
U.S. Bankruptcy Court (D. R.I.)
Julia Frost-Davies
Morgan, Lewis & Bockius LLP
David A. Rychalsky
Capstone Headwaters
Northeast Consumer Forum Co-Chairs
Janet J. Goldman
Janet J. Goldman, Attorney at Law
Anthony J. Manhart
PretiFlaherty
Advisory Board
Patricia Antonelli
Cervenka Green & Ducharme LLC
Kellianne T. Baranowsky
Green & Sklarz LLC
Janet E. Bostwick
Bostwick Law
Christopher M. Candon
Sheehan Phinney
Paul W. Carey
Mirick, O’Connell DeMallie & Lougee, LLP
Timothy J. Carter
Goulston & Storrs PC
Roger A. Clement, Jr.
Verrill Dana LLP
Shawn K. Doil
Eaton Peabody
James C. Ebbert
Cratos Advisors, Inc.
Michael J. Epstein
Deloitte Transactions and Business Analytics LLP
Michael J. Fencer
Casner & Edwards, LLP
Jeremy R. Fischer
Drummond Woodsum
Matthew R. Flynn
Verdolino & Lowey, P.C.
Edmond J. Ford
Ford, McDonald, McPartlin & Borden P.A.
Jay S. Geller
Law Office of Jay S. Geller
Michael J. Goldberg
Casner & Edwards, LLP
Douglas R. Gooding
Choate, Hall & Stewart LLP
Lee Harrington
Ascendant Law Group LLC
Eric A. Henzy
Reid and Riege, P.C.
D. Ethan Jeffery
Murphy & King
Jeffrey L. Jonas
Brown Rudnick LLP
Gregory O. Kaden
Goulston & Storrs PC
Robert E. Kaelin
Murtha Cullina LLP
Marjorie E. Kaufman
Getzler Henrich & Associates LLC
Donald R. Lassman
Law Office of Donald R. Lassman
Christopher M. Lefebvre
Claude F. Lefebvre, Christopher M. Lefebvre, P.C.
Benjamin W. Loveland
WilmerHale
Charles A. Maglieri
Law Offices of Charles A. Maglieri
George J. Marcus
Marcus Clegg
Timothy J. Martin
Huron
William J. McLeod
U.S. Bankruptcy Court (D. Mass.)
Richard E. Mikels
Pachulski Stang Ziehl & Jones
Lindsay Z. Milne
Bernstein, Shur, Sawyer & Nelson, P.A.
John J. Monaghan
Holland & Knight LLP
Paul D. Moore
Duane Morris LLP
William R. Moorman, Jr.
Murphy & King
Guy B. Moss
Riemer & Braunstein LLP
Michael R. Nowlan
Mackinac Partners LLC
Nina M. Parker
Parker & Lipton
David T. Plastino
EY Transaction Economics Group
Cynthia Romano
Cohn Reznick LLP
Tanya Sambatakos
Molleur Law Office
Elisa M. Sartori
Greenridge Financial Services, LLC
Natalie B. Sawyer
Massachusetts Division of Capital Asset
Management and Maintenance
Andrew Z. Schwartz
Foley Hoag LLP
Douglas S. Skalka
Neubert, Pepe & Monteith, P.C.
Mark F. Stickney
Spinglass Management Group, LLC
Adrienne K. Walker
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Robert P. Wexler
The Tron Group
James M. Wilton
Ropes & Gray LLP
Continuing Education Credit
This program is eligible for 4.25 hours of general CLE credit, including 1 hour of ethics, in states calculating CLE on a 60-minute hour, and 5.1 hours of general CLE credit, including 1.2 hours of ethics, in 50-minute-hour states. Credit hours are estimated and 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 4.25 hours, including 1 hour of 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 5 credit hours, of which 4 credit hours can be applied toward the professional practice requirement and 1 credit hour can be applied toward the ethics professionalism requirement.
5 hours of CPE credit, including 1 hour of behavioral ethics, are also available. Instructional Delivery Method: Group Internet-Based.
* 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.
Conference Rates
ABI Member & Non-member:$100Program and ABI Membership for New Members*:$400* Includes a one-year ABI membership for first-time members — a $375 value! Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership renewal fee.
Cancellation Policy
No refunds will be granted for this online program. Should you become unable to attend any or all of the sessions, a recording of all sessions will be sent to you, along with the corresponding educational materials.
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 is 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.
When and how can I access the virtual conference?
Registered attendees will receive a link via email to the attendee website 48 hours before the first session begins. The link will be sent to the email address you used to register for the program, and this is how you will access all of the conference content. You’ll use the same link each day to access the attendee website for the live conference and whenever you choose to view the on-demand content.
What if I don't receive the link?
Contact [email protected], and a member of the ABI team can provide you with one.
Can I share this link with others?
As with in-person meetings, registrations cannot be shared. The registration provides a secure single sign-on experience for the user.
How much time should I expect to be online during the event days?
The virtual workshop takes place over about 3.5 hours in the afternoon on both Thursday and Friday. During breaks from the live sessions, you can visit other areas of the conference, such as the Attendee Lounge.
Are there any specific technology requirements?
You will be able to access the program sessions without downloading any plug-ins or software. However, for best results, we recommend that you use Google Chrome, Mozilla Firefox and Chromium Edge to access the sessions. The program will not be available on a mobile/cell phone (iPhone, Android, Blackberry), but can be accessed through laptop, desktop (PC or Mac) and certain other mobile devices (Surface Pro, iPad).
What are the suggested web browser prerequisites?
Internet Explorer 10 or higher
Chromium Edge 80 or higher
Google Chrome 53.0.2785 or higher
Safari 10.0.602.1.50 or higher
Firefox 76 or higher
Note: Mobile web browsers are not supported.Event Information 292800
Monday, March 1
11:00 a.m.-1:00 p.m.
Quarter-final Round
1:30-3:30 p.m.
Semi-final Round
4:00-6:00 p.m.
Final Round
6:00-7:30 p.m.
Awards Reception
Platinum Sponsor
Networking Reception Sponsors
General Sponsors
Supporting Sponsors
Become a sponsor of the Duberstein Bankruptcy Moot Court Competition and Awards Reception, and support tomorrow’s professionals. Available packages are listed below and on the commitment form.
For more information on sponsorship, please contact Sharisa Sloan at [email protected].
This year, to address concerns related to the coronavirus pandemic, the competition and reception will take place entirely online. Therefore, attending will not require payment.
Baylor University School of Law
Brooklyn Law School
Campbell University
Case Western Reserve University School of Law
Chicago-Kent College of Law
Emory University School of Law
Georgia State University College of Law
Howard University School of Law
Michigan State University College of Law
Mississippi College School of Law
New York University School of Law
Notre Dame Law School
Quinnipiac University School of Law
Samford University
SMU Dedman School of Law
Stetson University College of Law
Suffolk University Law School
Texas Tech University School of Law
The University of Alabama School of Law
Thomas M. Cooley Law School
University of California at Los Angeles School of Law
University of Dayton School of Law
University of Florida Fredric G. Levin College of Law
University of Illinois College of Law
University of Kentucky College of Law
University of Maryland Francis King Carey School of Law
University of Memphis-Cecil C. Humphreys School of Law
University of Miami School of Law
University of Michigan Law School
University of Minnesota School of Law
University of Mississippi School of Law
University of Texas School of Law
University of Virginia School of Law
University of Wisconsin Law School
Event Information 293347
Monday, February 15
9:00 a.m.-2:45 p.m.
Preliminary Rounds and Semi-Final Rounds
3:00-5:00 p.m.
Final Round
5:15-6:15 p.m.
Symposium
Mark Shapiro
Steinberg Shapiro & Clark
Erika Hart
The Taunt Law Firm
Hon. Thomas J. Tucker
U.S. Bankruptcy Court (E.D. Mich.)
6:15-7:30 p.m.
Awards Ceremony and Networking Reception
Competition Information
The Shapero Cup Regional Moot Court Competition (the “Regional”) is scheduled for Monday, February 15, 2021. This year, to address concerns related to the coronavirus pandemic, the competition will take place entirely online.
The Regional features law schools from the Sixth Circuit and is designed, in part, to serve as formal practice for law school teams competing in the Duberstein Bankruptcy Moot Court Competition, being held February 27 through March 1, 2021. The Regional is not a qualifying event or an elimination round for the Duberstein Competition.
For the Regional, teams do not need to submit briefs. Each team will argue twice in the preliminary rounds, once for the petitioner and once for the respondent. The four teams with the highest average score in the preliminary round will advance to the semifinal round. The winning teams of each semifinal round argument (based on score) will advance to the final round.
Awards will be presented at the Regional, which will include a trophy for the winning team and top oralist. Prominent bankruptcy practitioners will judge the preliminary rounds, and judges will judge the semifinal and final rounds. Teams will receive constructive input from the judges following each round.
Planning Committee
Michael E. Baum
Schafer and Weiner, PLLC | Bloomfield Hills, Mich.
Leslie K. Berg
Government Attorney | Detroit
William C. Blasses
Kerr, Russell and Weber, PLC | Detroit
Ian Bolton
Bolton Legal Group | Southfield, Mich.
Kelley L. Callard
Government Attorney | Detroit
Sean M. Cowley
Government Attorney | Detroit
Ethan Dunn
Maxwell Dunn, PLC | Southfield, Mich.
Lisa Sommers Gretchko
Howard & Howard Attorneys PLLC | Royal Oak, Mich.
Paul R. Hage
Jaffe Raitt Heuer & Weiss | Southfield, Mich.
Kimberly A. Kramer
McLane Middleton | Boston
David A. Lerner
Plunkett Cooney, PC | Bloomfield Hills, Mich.
Robin R. Mocabee
Paletz Law | Troy, Mich.
Lisa K. Mullen
Office of the Chapter 13 Standing Trustee | Southfield, Mich.
Charissa Potts
Freedom Law, PC | Eastpointe, Mich.
Crystal L. Price-Buckley
Trott Law, P.C. | Farmington, Mich.
Craig S. Schoenherr Sr.
O'Reilly Rancilio P.C. | Sterling Heights, Mich.
Hon. Walter Shapero (ret.)
Detroit
Hon. Phillip J. Shefferly (ret.)
Farmington Hills
Rules
A. Qualifications
Any accredited law school located in the Sixth Circuit (Michigan, Kentucky, Ohio and Tennessee) may enter one or two teams to participate in the Regional.
B. Number and Composition of Teams
Each participating school may enter one or two teams in the Regional, composed of two or three students each. All team members must be enrolled at the school that they represent at the time of the competition.
C. Substitution of Team Members
There shall be no substitution of team members after the online registration is completed, except upon written permission from the Regional.
D. Briefs
Unlike the Duberstein Competition, there shall be no brief submissions for the Regional. Competitors are scored on oral advocacy only.
E. Arguments
- Each team will argue twice in the preliminary rounds: once for the petitioner, and once for the respondent. The four teams with the highest average score in the preliminary rounds will advance to the semifinal round. Pairings for the semifinal round will be determined based on highest average score in the preliminary rounds. The team with the highest average score in the preliminary rounds will compete against the team with the fourth-highest average score, and the second- and third-highest-average-scoring teams in the preliminary rounds will compete against each other. The winning teams in the semifinal-round argument (based on their scores in the semifinal-round argument only) will advance to the final round.
- Pairings in the preliminary round will be chosen at random, although effort will be made to ensure that two teams from the same school do not face each other in the preliminary rounds.
- The Regional will take place on February 15, 2021, using an online Zoom platform.
- Each team is limited to 30 minutes of oral argument per round. Two team members will argue in each round. The division of the 30 minutes allotted for oral argument may be made at the discretion of the team, but no team member shall be apportioned less than 10 minutes for oral argument. The petitioner may reserve up to three minutes of rebuttal time prior to the commencement of the argument. Teams that reserve rebuttal time shall notify the judges and/or bailiff on how to deduct rebuttal time. Time reserved for rebuttal shall be counted as part of the 30 minutes allotted for oral argument. Judges shall have the right to allow for additional time at their discretion.
- The bailiff will have time cards that will indicate when 10, 5, 3 and 1 minute(s) of argument time remain, and when time has expired. In addition, the bailiff may use the chat function within Zoom to notify the competitors of the remaining time.
F. Online Competition Rules
- General
All teams are responsible for their internet and video-conferencing capabilities during the competition. Competitors are advised to download Zoom onto their computers and practice with the technology before February 15, 2021, if they are unfamiliar with it. Competitors are advised to disconnect all other devices other than the one used to connect to Zoom during the competition to eliminate competing sources of bandwidth.
Each team member must join their competition room at least 10 minutes before the next round begins to give their information to the bailiff (including how much time the petitioner reserves for rebuttal), ensure proper internet connectivity, and ensure that both video and audio settings are working properly. All team members arguing during the round must keep their video on for the entire round and be visible throughout the entire round. Competitors must not make any distracting movements during arguments and must silence all other electronic devices.
- Room Links and Passwords
Communications will be sent to each team through email, including information such as the competition schedule, Zoom links and password, and certification forms. In addition, there will be a Regional Zoom Lobby where Regional staff will be located virtually for teams to ask questions or raise concerns. If teams have a private question, the Regional staff will create a breakout room for the team to speak to the Regional staff privately.
- Zoom Setup
- Display Name: When entering the room, the two team members arguing must change their display name to First Name, Last Name, Team Number, and either (P) for petitioner or (R) for respondent. An example of the correct Display Name is below:
John Smith - Team 40 (P)
- Gallery View vs. Speaker View: Competitors are advised to use Gallery View so that they may see all the judges and the bailiff keeping time on the same screen.
- Muting and Unmuting: Competitors must be on mute at all times during the competition except (1) to respond to the bailiff’s questions, (2) during the particular student’s argument and/or (3) during the post-argument period when the judges provide their feedback. The mute button is in the bottom-left corner of the Zoom window. To be clear, a student must be on mute when another member of his/her team is arguing.
- Virtual Backgrounds: The use of virtual backgrounds will not be permitted during the rounds. Team members should ensure that the room in which they will be arguing looks professional. Furthermore, team members must ensure that there is nothing in the room or in their display name that could identify the team’s school or location.
- Sound: Competitors may choose to use headphones during their argument. A headset is recommended to avoid feedback noises. (Headsets are earphones with built-in or auxiliary microphones [e.g., Airpods].) These options will not factor into the scoring of the oral arguments.
- Lighting: Competitors should make sure there is adequate lighting so that judges can see them. Competitors should avoid joining the round with the camera facing a window or bright lights behind the competitors.
- Display Name: When entering the room, the two team members arguing must change their display name to First Name, Last Name, Team Number, and either (P) for petitioner or (R) for respondent. An example of the correct Display Name is below:
- During the Round
- Competitors Arguing from the Same Location: The two team members arguing during a round may be in the same physical room, but may not have any other individuals in the room with them when arguing.
- Dress Code: Competitors must be in full courtroom attire for their arguments. Competitors may choose to either sit or stand during their argument.
- Prepared Materials: Competitors may print their notes and keep them in front of themselves. Competitors may not tape notes to the wall or have them on their laptops.
- Disruptions in Service and Cure Period
In the event of a service disruption or Zoom failure, each team will receive a 10-minute cure period to allow competitors time to reconnect to the round. During this time, the bailiff will pause the round time. Time will resume when the competitor reconnects and resumes the argument. If a team member who is not arguing disconnects, the argument will continue, and the team member must reconnect as soon as possible.
Each team will be granted no more than two opportunities to cure (per round, not per competitor). The second time a failure occurs, competitors will receive any remaining time left of the team’s 10-minute cure period. If a competitor is unable to reconnect after the second interruption, the competitor must use the call-in Zoom function to finish the round.
If the Zoom room itself crashes, the bailiff will immediately stop the timer. The competitors should immediately return to the Regional Zoom Lobby and await further instructions. If the Regional staff is able to repair the connection within 10 minutes, they will do so. If they are unable to do so, the Regional staff will set up a new Zoom room. The competitor who was disrupted by the crash — but only for Zoom crashes caused by the system itself — will have 30 seconds added to their argument to reorganize their presentation.
- Judges
Judges will be instructed to connect to the Zoom room with their computers for both audio and video. Prior to the round, judges will be placed in a separate breakout room. When the round commences, judges will join the main room. After the arguments have concluded, the judges will be placed in a separate breakout room for deliberations. During this time, competitors will remain in the main room. If a judge’s internet connection falters or other technological difficulties occur, the round will not be stopped. The judge will be instructed to attempt to fix the issue, and if the judge cannot do so quickly, the judge will be instructed to call in and continue listening and asking questions over the phone.
G. Announcement of the Winning Team
The winner of the Regional will be announced at the Awards Reception after the Shapero Symposium Demonstration Argument.
H. Scoring
The scores for each round will be based solely on oral argument. Scoring is on a scale of 50-100, with 100 being the highest possible score.
I. Best Oral Advocate
The competitor with the highest mean (average) score for oral argument will be chosen as the best oral advocate. The winner of the Best Oral Advocate Award will be announced at the Awards Reception. In order to qualify for the Best Oral Advocate Award, an advocate must argue a minimum of two times; however, if a competitor argues three or four times, then the average of that competitor’s top two scores will be used to calculate that competitor’s score for purposes of determining the best oral advocate.
J. Attending Other Arguments
No team member, coach or faculty adviser of a team participating in the Regional may attend an argument of any other team during the preliminary rounds. The number of attendees to each preliminary-round argument is limited to the competing team members, their families, two coaches or two faculty advisors per team, and members of the Regional planning committee. All participants are encouraged to attend the semifinal and final-round arguments.
K. Communication During Round
There shall be no communication in any form from any member of the audience, including other team members sitting in the audience, once a round has begun.
L. Penalties/Rule Amendments
- The Regional may assess such penalties, including disqualification, as it deems reasonable and appropriate for failure to comply with the foregoing rules. Any decisions, penalties or other actions taken by the Regional will be final and binding on all participants.
- The Regional reserves the right to make and implement any further rules and procedures deemed advisable for the conduct of this event.
Competing Schools
Platinum Sponsors
Gold Sponsors
Silver Sponsors
For sponsorship opportunities, please download the form and return to Michelle Burnett.
Event Information 295961
What you can expect:
The health and safety of our attendees, guests and ABI staff is always our top priority, so ABI is working closely with our hotel partners to ensure that best practices are in place throughout every step of your meeting journey.
Prior to arrival, attendees and each guest are required to review and sign the Breakers Acknowledgment, Release and Informed Consent agreement in order to participate in the 2021 Southeast Bankruptcy Workshop (Workshop). And, by registering for the Workshop, attendees and their guests agree to ABI’s COVID-19 Safety Protocols and Release.
Throughout the course of the Workshop, ABI will be complying with, and expects its attendees and their guests to comply with, the preventive measures put in place by the Breakers, which can be found here: Health & Safety Precautions. These include social distancing while inside and outside and wearing masks while inside the resort at Workshop sessions and events. ABI will also require all attendees to complete a health check form each morning prior to attending the Workshop. The link to the health check will appear in the daily Workshop attendee email. For more information on the hotel’s enhanced precautions and available amenities, please visit thebreakers.com/updates. ABI will also be providing contactless check-in and CLE/CPE tracking for attendees.
Thursday, July 29
2:00 p.m.
Registration Open
5:00-6:00 p.m.
"40 Under 40" Reception (by invitation only)
6:00-7:30 p.m.
Opening Reception
Sponsored by Adams & Reese LLP, Axos Bank – Global Fiduciary Banking, B. Riley & Co., Nelson Mullins Riley & Scarborough LLP, Ritchie Bros. Auctioneers (America), Ltd.
Friday, July 30
7:00 a.m.
Registration Desk Open
7:00-8:00 a.m.
Breakfast
Sponsored by Nexsen Pruet
7:30-9:00 a.m.
Plenary Session
Infected, Vaccinated or Cured?
This panel takes a look at the economic impact of COVID-19 and the road ahead, including which industries will continue to struggle and might be casualties, which ones seem immune to the pandemic’s effects, and which were initially sick but appear to be on the road to recovery.
Ashley A. Edwards, Moderator
Parker Poe Adams & Bernstein LLP; Charlotte, N.C.
Ken W. Mann
Equity Partners, a division of SC&H Capital; Easton, Md.
Christine L. Myatt
Nexsen Pruet; Greensboro, N.C.
Joseph P. Pegnia
B. Riley Advisory Services; Atlanta
Jay M. Sakalo
Bilzin Sumberg Baena Price & Axelrod LLP; Miami
Mark Vitner
Wells Fargo; Charlotte, N.C.
9:00 a.m.-5:00 p.m.
Beach Day
Enjoy a reserved beach area for Southeast Bankruptcy Workshop attendees, with chairs, towels and umbrellas.
Chairs & Umbrellas sponsored by King & Spalding LLP
9:00-9:30 a.m.
All-Day Coffee + Refreshment Break
All-Day Coffee sponsored by Maynard Cooper & Gale
Snacks and Small Bites Sponsored by Burr & Forman LLP
9:30-10:45 a.m.
Concurrent Sessions (4)
I Can Use § 363 for That?!
This panel will discuss recent developments in the sale context and unusual uses of § 363.
David K. Bowsher, Moderator
Balch & Bingham LLP; Birmingham, Ala.
Laura Day DelCotto
DelCotto Law Group; Lexington, Ky.
Craig M. Geno
Craig M. Geno, PLLC; Ridgeland, Miss.
Matt Guill
Configure Partners, LLC; New York
Fast, but Not So Fast: Recent Developments in PPP Loans and the CARES Act
Uncle Sam said, “Take the money; everything will be OK.” Now, the IRS, SBA and Congress are changing the rules, creating new hurdles for distressed businesses. This panel dives into recent legislation in CARES II and the evolving legal and regulatory landscape governing access to, and repayment of, PPP and EIDL loans.
Denise D. Dell-Powell
Dean Mead; Orlando, Fla.
Hon. Michael A. Fagone
U.S. Bankruptcy Court (D. Maine); Bangor
Margaret N. Rosenfeld
K&L Gates LLP; Raleigh, N.C.
Jeremy S. Williams
Kutak Rock LLP; Richmond, Va.
April Wimberg
Dentons Bingham Greenebaum; Louisville, Ky.
Stay 6 Feet Apart: Restructurings in the Hotel, Hospitality and Leisure Space
Arguably no other industry has been impacted by the pandemic as much as the hospitality and leisure space. Hotels and conference centers are facing historic vacancy rates, while Airbnb’s IPO raised $86 billion. This panel discusses the unique challenges facing hotel and hospitality owners, operators, investors and brands seeking to ride out the current storm.
Joe A. Joseph, Moderator
Burr & Forman LLP; Birmingham, Ala.
Sarah R. Borders
King & Spalding LLP; Atlanta
John Pharr
Strand Hospitality Services; Myrtle Beach, S.C.
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Michael H. Weaver
Rogers Townsend; Columbia, S.C.
Consumer: Intersection of State Court Causes of Action in Bankruptcy
State law and bankruptcy law intersect in any number of ways in any given bankruptcy case. This panel will focus on a few of the issues that arise in this context and discuss recent case law, as well as practice tips and strategy. More specifically, the panelists will cover the abstention doctrine and how bankruptcy courts analyze various state law claims under that doctrine; the potential impact of a bankruptcy case on divorce proceedings, including automatic stay and discharge issues; and the limitations on pursuing state court claims, such as standing, collateral estoppel and third-party releases. We hope you will join us and contribute your questions and experiences to the conversation.
Julie M. Anania, Moderator
Office of Nancy J. Whaley, Standing Chapter 13 Trustee (N.D. Ga.); Atlanta
Janet B. Haigler
Haigler Law Firm LLC; Chapin, S.C.
Hon. Michelle M. Harner
U.S. Bankruptcy Court (D. Md.); Baltimore
Eric M. Wilson
Eric Wilson Law, LLC; Tuscaloosa, Ala.
10:45-11:00 a.m.
All-Day Coffee + Refreshment Break
All-Day Coffee sponsored by Maynard Cooper & Gale
Snacks and Small Bites Sponsored by Burr & Forman LLP
11:00 a.m.-12:15 p.m.
Concurrent Sessions (4)
Curbside Restructurings: Distress in Restaurants and Retail
This panel will focus on the current crisis in the restaurant and retail sectors, looking at the financial, operational and regulatory impacts of the pandemic, landlord/tenant disputes and other restructuring challenges.
Jonathan Edwards, Moderator
Alston & Bird LLP; Atlanta
J. David Folds
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; Washington, D.C.
Teri Stratton
Piper Sandler Companies; El Segundo, Calif.
Jonathan M. Tibus
Alvarez & Marsal; Atlanta
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Energy Restructuring: What’s New in the Second Wave
This panel will focus on the most recent wave of energy and oil & gas restructurings, discussing the latest trends and strategies nationally and regionally. The panelists will focus on evolving legal issues, including the rejection of midstream contracts and the competing jurisdictions of bankruptcy courts and federal agencies, as well as the potential impact of anticipated federal regulations and policy.
Jason L. Boland
Norton Rose Fulbright; Houston
Philip G. Eisenberg
Locke Lord LLP; Houston
Hon. Barbara J. Houser
U.S. Bankruptcy Court (N.D. Tex.); Houston
Jimmy D. Parrish
BakerHostetler; Orlando, Fla.
Consumer: Mortgage Forbearance and Modification Issues
This panel will discuss changes in the CARES Act and Consolidated Appropriations Act, as well as general housing issues.
O. Byron Meredith, Moderator
Office of Chapter 13 Trustee (S.D. Ga.); Savannah
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Maria Tsagaris Starks
McCalla Raymer Leibert Pierce; Roswell, Ga.
Alice Whitten
Wells Fargo Legal Department; Irving, Texas
360° of Investigation: A Roundtable Discussion Regarding the Investigation of Debtors and Recovery of Assets
This panel of lawyers and insolvency professionals will lead a roundtable discussion regarding investigating debtors and recovering assets to enhance the value of a bankruptcy estate.
Marchand Boyd
Axos Bank; Delaware, Ohio
Richard R. Gleissner
Gleissner Law Firm, LLC; Columbia, S.C.
Michael L. Martinez
Grier Wright Martinez PA; Charlotte, N.C.
Jamie W. Olinto
Adams and Reese LLP; Jacksonville, Fla.
Grace E. Robson
Markowitz, Ringel, Trusty + Hartog, P.A.; Fort Lauderdale
12:45-2:00 p.m.
Optional Event: IWIRC Luncheon at The Breakers
Sponsored by the Georgia, Carolinas, Florida and Virginia IWIRC Networks, KapilaMukamal, LLP, Forensic Accountants & Consultants, P.A.
To Register please click here.
1:00 p.m.
Optional Event: Golf Tournament
Golf Tournament Sponsored by Dundon Advisers LLC
Beverage Cart sponsored by Parker, Hudson, Rainer & Dobbs LLP
4:30-5:30 p.m.
Optional Event: Afternoon Social
Sponsored by Barnes & Thornburg LLP & Cozen O'Connor
8:30-10:00 p.m.
Optional Event: Anthony H.N. Schnelling Endowment Fund Tequila Tasting
Sponsored by Shumaker, Loop & Kendrick, LLP
Saturday, July 31
7:00 a.m.
Registration Desk Open
7:00-8:00 a.m.
Breakfast
Sponsored by Dentons Bingham Greenebaum
7:30-9:00 a.m.
Plenary Session
Be in the Room Where It Happens: Diversity, Inclusion and Belonging
This panel will focus on issues regarding gender, race, diversity and belonging, and how to build a resilient workplace.
Hon. Helen Elizabeth Burris, Moderator
U.S. Bankruptcy Court (D. S.C.); Spartanburg
Hon. Benjamin A. Kahn
U.S. Bankruptcy Court (M.D.N.C.); Greensboro
Demetra Liggins
McGuireWoods LLP; Houston
Hon. Sage M. Sigler
U.S. Bankruptcy Court (N.D. Ga.); Atltana
Hon. Kathy Surratt-States
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
9:00 a.m.-5:00 p.m.
Beach Day
Enjoy a reserved beach area for Southeast Bankruptcy Workshop attendees, with chairs, towels and umbrellas.
Chairs & Umbrellas sponsored by Barnes & Thornburg LLP
9:00-9:30 a.m.
All-Day Coffee + Refreshment Break
All-Day Coffee sponsored by BakerHostetler
Snacks and Small Bites Sponsored by Summit Investment Management LLC
9:30-10:45 a.m.
Repeat Concurrent Sessions (2)
Curbside Restructurings: Distress in Restaurants and Retail
Energy Restructuring: What’s New in the Second Wave
Concurrent Sessions (2)
Consumer: Recent Developments Relating to the Automatic Stay and Discharge (and Post-Discharge) Violations
This panel will address recent developments relating to the automatic stay, including City of Chicago v. Fulton and its aftermath, as well as discharge and post-discharge violations.
Nisha R. Patel, Moderator
Dunlap Law, PLC; Henrico, Va.
Hon. Suzanne H. Bauknight
U.S. Bankruptcy Court (E.D. Tenn.); Knoxville
Beverly M. Burden
Chapter 13 Trustee (E.D. Ky.); Lexington
Christine Maggard
Brock & Scott, PLLC; Virginia Beach, Va.
Skills: The Use and Ethical Considerations of Technology in Remote Legal Practice During the COVID-19 Pandemic and Beyond
This panel will share technology tips and best practices, both internally and with clients, and address ethical considerations of technology in a practice.
Carrianne Basler
AlixPartners, LLP; Chicago
Steven M. Berman
Shumaker, Loop & Kendrick, LLP; Tampa, Fla.
Hannah White Hutman
Hoover Penrod PLC; Harrisonburg, Va.
James C. White
J.C. White Law Group PLLC; Chapel Hill, N.C.
10:45-11:00 a.m.
All-Day Coffee + Refreshment Break
All-Day Coffee sponsored by BakerHostetler
Snacks and Small Bites Sponsored by Summit Investment Management LLC
11:00 a.m.-12:15 p.m.
Repeat Concurrent Sessions (3)
I Can Use § 363 for That?!
Fast, but Not So Fast: Recent Developments in PPP Loans and the CARES Act
Stay 6 Feet Apart: Restructurings in the Hotel, Hospitality and Leisure Space
Concurrent Session
Consumer: New Chapter 13 Legislation (Including Possible Chapter 10)
This panel will focus on the changing tides of chapters 7 and 13 due to recent legislation, including the CARES Act, Consolidated Appropriations Act, Bankruptcy Administration Improvement Act of 2020 and other nonbankruptcy legislation/policies that have an impact on bankruptcy filings. The panelists also will take a peek at what is on the horizon for potential new legislation.
Nancy J. Whaley, Moderator
Office of Nancy J. Whaley, Standing Chapter 13 Trustee (N.D. Ga.); Atlanta
Hon. Paul M. Black
U.S. Bankruptcy Court (W.D. Va.); Roanoke
John R. Bollinger
Boleman Law Firm, P.C.; Hampton, Va.
Brian R. Walding
Walding, LLC; Birmingham, Ala.
2:00-3:00 p.m.
Optional Event: Ice Cream Afternoon Social
5:00-6:00 p.m.
Speaker/Sponsor Cocktails (by invitation only)
Sponsored by Craig M. Geno, PLLC, KapilaMukamal, LLP and McGlinchey Stafford, PLLC
6:00-8:00 p.m.
Beach Bash!
Join us for food, fun and family-friendly entertainment on our last night of the event!
Dinner sponsored by Butler Snow LLP and Morris James LLP
Beach Bash Bar Sponsored by Alston & Bird LLP, Troutman Pepper and Stretto
Entertainment Sponsored by GGG Partners, LLC
Sunday, August 1
7:00 a.m.
Registration Desk Open
7:00-8:00 a.m.
Breakfast
7:30-9:00 a.m.
Plenary Session
Small Business Reorganization Act Workshop
This panel will provide a brief overview of how subchapter V is working in the system, the role of trustees, and hot topics related to subchapter V, including eligibility, disposable income, post-confirmation default and remedies, and much more.
Hon. Paul W. Bonapfel, Moderator
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
James B. Bailey
Bradley Arant Boult Cummings LLP; Birmingham, Ala.
Amy Denton Harris
Stichter, Riedel, Blain & Postler, P.A.; Tampa
Richard H. Drew
Office of the U.S. Trustee; Shreveport, La
9:00-9:15 a.m.
Refreshment Break
Sponsored by Blanco Tackabery & Matamoros, P.A.
9:15-10:45 a.m.
Judicial Session: Small Group Breakouts on Ethical Dilemmas
Small group breakouts, led by the judges of the Southeast Bankruptcy Workshop, will focus on different ethical dilemmas facing practitioners.
Hon. Benjamin A. Kahn, Moderator
U.S. Bankruptcy Court (M.D.N.C.); Greensboro
Hon. Suzanne Bauknight
U.S. Bankruptcy Court (E.D. Tenn.); Knoxville
Hon. Paul M. Black
U.S. Bankruptcy Court (W.D. Va.); Roanoke
Hon. Paul W. Bonapfel
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Hon. Helen Elizabeth Burris
U.S. Bankruptcy Court (D. S.C.); Spartanburg
Hon. Michael A. Fagone
U.S. Bankruptcy Court (D.Maine); Bangor
Hon. Michelle M. Harner
U.S. Bankruptcy Court (D. Md.); Baltimore
Hon. Barbara J. Houser
U.S. Bankruptcy Court (N.D. Tex.); Houston
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington
Hon. Sage M. Sigler
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Hon. Kathy Surratt-States
U.S. Bankruptcy Court (E.D. Miss.); St. Louis
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla); Tampa
10:45 a.m.
Adjourn
Workshop Chairs
Hon. Benjamin A. Kahn, Judicial Chair
U.S. Bankruptcy Court (M.D.N.C.); Greensboro
James R. Irving, Co-Chair
Dentons; Louisville, Ky.
Jennifer M. McLemore, Co-Chair
Williams Mullen; Richmond, Va.
Advisory Board
Bryan E. Bates
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Jody A. Bedenbaugh
Nelson Mullins Riley & Scarborough LLP; Columbia, S.C.
David K. Bowsher
Balch & Bingham LLP; Birmingham, Ala.
Christine E. Brimm
Barton Brimm, PA; Columbia, S.C.
Matthew R. Brooks
Troutman Pepper Hamilton Sanders LLP; Atlanta
Beverly M. Burden
Chapter 13 Trustee (E.D. Ky.); Lexington
John P. Cournoyer
Northen Blue LLP; Chapel Hill, N.C.
Robert A. Cox, Jr.
Bradley Arant Boult Cummings LLP; Charlotte, N.C.
Melissa J. Davey
Standing Chapter 13 Trustee (N.D. Ga.); Atlanta
Melissa Davis
KapilaMukamal, LLP; Fort Lauderdale, Fla.
Denise D. Dell-Powell
Dean Mead; Orlando, Fla.
Kelly Desgrosseilliers
Epiq; Wilmington, Del.
Jane H. Downey
Moore Taylor Law Firm; West Columbia, S.C.
Jeffrey R. Dutson
King & Spalding LLP; Atlanta
Reid E. Dyer
Moore & Van Allen; Charleston, S.C.
Ashley A. Edwards
Parker Poe Adams & Bernstein LLP; Charlotte, N.C.
Jonathan T. Edwards
Alston & Bird LLP; Atlanta
John David Folds
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; Washington, D.C.
Curt S. Friedberg
GGG Partners, LLC; Atlanta
Craig M. Geno
Law Offices of Craig M. Geno, PLLC; Ridgeland, Miss.
Richard R. Gleissner
Gleissner Law Firm, LLC; Columbia, S.C.
Elizabeth A. Green
BakerHostetler; Orlando, Fla.
James S. Hadfield
Configure Partners, LLC; Atlanta
John B. Hutton, III
Greenberg Traurig, LLP; Miami
Joe A. Joseph
Burr & Forman LLP; Nashville, Tenn.
Stephanie C. Lieb
Trenam Law; Tampa, Fla.
Justin B. Little
Reynolds, Reynolds & Little, LLC; Tuscaloosa, Ala.
Jennifer B. Lyday
Waldrep Wall Babcock & Bailey PLLC; Winston Salem, N.C.
John H. Maddock, III
McGuireWoods LLP; Richmond, Va.
Christopher R. Maddux
Butler Snow LLP; Ridgeland, Miss.
John Makuch
Alvarez & Marsal; Atlanta
Ryan E. Manns
Norton Rose Fulbright; Dallas
Robert M. Mercer
Mercer Law LLC; Atlanta
Lance T. Miller
The Claro Group; Washington, D.C.
Mark A. Mintz
Jones Walker LLP; New Orleans
J. Leland Murphree
Maynard Cooper & Gale; Birmingham, Ala.
Christine L. Myatt
Nexsen Pruet; Greensboro, N.C.
Raoul Nowitz
SOLIC Capital; Atlanta
Nisha R. Patel
Samuel I. White, P.C.; Richmond
Edward J. Peterson, III
Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.
Rebecca Finch Redwine
Hendren, Redwine & Malone, PLLC; Raleigh, N.C.
Jeremy L. Retherford
Balch & Bingham LLP; Birmingham
David L. Rosendorf
Kozyak Tropin & Throckmorton; Miami
Ashley S. Rusher
Blanco Tackabery & Matamoros, P.A.; Winston-Salem, N.C.
David M. Schilli
Robinson, Bradshaw & Hinson, P.A.; Charlotte, N.C.
J. Ellsworth Summers, Jr.
Burr & Forman LLP; Jacksonville, Fla.
Nicolette C. Vilmos
Nelson Mullins Riley & Scarborough LLP; Orlando, Fla.
Jason H. Watson
Morris, Manning & Martin, LLP; Atlanta
Jeffrey R. Waxman
Morris James LLP; Wilmington, Del.
Michael H. Weaver
Rogers Townsend, LLC; Columbia, S.C.
Margaret R. Westbrook
K&L Gates LLP; Raleigh, N.C.
Nancy J. Whaley
Standing Chapter 13 Trustee (N.D. Ga.); Atlanta
Rory D. Whelehan
Whelehan Law Firm, LLC; Greenville, S.C.
Jeremy S. Williams
Kutak Rock LLP; Richmond, Va.
Kristi S. Williams
Lefkoff, Rubin, Gleason, Russo & Williams, P.C.; Atlanta
Beach Days
Friday, July 30, 9:00 a.m.-5:00 p.m.
Saturday, July 31, 9:00 a.m.-5:00 p.m.
FREE! Enjoy a reserved beach area just for Southeast Bankruptcy Workshop attendees, complete with chairs, towels, umbrellas and some beach games.
IWIRC Luncheon at The Breakers
Friday, July 30, 12:45-2:00 p.m.
Sponsored by the Georgia, Carolinas, Florida and Virginia IWIRC Networks, KapilaMukamal, LLP, and Forensic Accountants & Consultants, P.A.
Please join IWIRC for a luncheon during the 2021 ABI Southeast Bankruptcy Workshop at The Breakers Palm Beach. The luncheon will occur immediately after the Friday panels in the Magnolia Room. The cost is $20 for IWIRC members, $30 for non-IWIRC members and complimentary for Judges. Register here.
Golf Tournament
Friday, July 30, 1:00 p.m.
Beverage Cart sponsored by Dundon Advisers LLC
Beverage Cart sponsored by Parker, Hudson, Rainer & Dobbs LLP
The annual golf tournament will be held at The Ocean Course at The Breakers. Florida’s older golf course, nurtured by The Breakers for more than a century. In late 2018, the course emerged from a full-scale renovation by renowned golf course architect Rees Jones and offers a golf experience for players of all levels. The $250 fee includes greens fee and cart, boxed lunch and beverage, and prizes. Please select the appropriate box on the online registration form to play, and indicate your handicap.
Friday Afternoon Social
Friday, July 30, 4:30-5:30 p.m.
Sponsored by the Sponsored by Barnes & Thornburg LLP and Cozen O'Connor
Tequila Tasting
Friday, July 30, 8:30-10:00 p.m.
Sponsored by Shumaker, Loop & Kendrick, LLP
This summer, the ABI Endowment will be hosting its first in-person fundraiser in more than a year: a tequila-tasting for registrants of the Southeast Bankruptcy Workshop. This special event for workshop attendees, which will include margaritas and sangrias, will take place from 8:00-9:30 p.m. July 30 at The Breakers hotel. Tickets are $150 per person, and proceeds benefit the Endowment. Those currently registered for the Southeast Bankruptcy Workshop can add this event as an optional event on their online registration.
Ice Cream Afternoon Social
Saturday, July 31, 2:00-3:00 p.m.
The event is complimentary for attendees and $10 for guests. Please check the appropriate box on the online registration form to play.
Beach Bash!
Saturday, July 31, 6:00-8:00 p.m.
Dinner sponsored by Morris James LLP
Beach Bash Bar Sponsored by Alston & Bird LLP and Troutman Pepper Hamilton Sanders LLP
Entertainment Sponsored by GGG Partners, LLC
Join us for food, fun and family-friendly entertainment on our last night of the event! Tickets are $75 per person for attendees, $85 for guests and $35 for children (12 and under).
**This CLE statement applies to in-person attendees only**
11 hours of CLE credit, including 2.75 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 13.2 hours of CLE credit, including 3.3 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 13.2 credit hours, of which 3.3 hours of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 11 hours, of which 2.75 hours will apply to ethics.
* 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.
Hotel
Overflow Hotels:
The Brazilian Court Hotel
A historic landmark infused throughout with Roaring 1920s glamour and boutique intimacy, this private, 80-room enclave is the classic Palm Beach luxury getaway — bringing together stunning, high-style accommodations and impeccable service for an unforgettable experience. ABI has arranged the special conference room rate of $419 per night for Traditional or Luxurious Studio rooms (king or queen). To secure this special rate, make your reservations by July 9, 2021.
Colony Hotel Palm Beach
Located in the heart of Palm Beach, this hotel is a classic destination with charm and many amenities. ABI has not arranged a special conference room rate for this venue, but rooms are still available during the program dates. Call the hotel directly at (855) 516-1090 to make your reservation.
The Breakers Palm Beach (SOLD OUT)!
Founded on the sands of Palm Beach in 1896, The Breakers Palm Beach has been recognized as one of the longest continuously operating businesses in the state of Florida. For 125 years, it has offered unapologetic luxury, seaside glamour and world-class service. In Palm Beach, all roads lead to The Breakers. Just 15 minutes from Palm Beach International Airport, the resort is easy to reach and all the more exciting to explore. Stroll down the Ponce Promenade, past the Ocean Law, and enter The Beach Club — a series of four pools (and five whirlpools) dotted with restaurants, bars, chaise lounges and chic bungalows. The property also features a luxury spa, golf and tennis and a Family Entertainment Center, where parents can dine while children play nearby.
ABI has arranged the following special conference room rates:
- Deluxe Room: $270 single/double per night
- Premium Room: $320 single/double per night
A limited number of the following rooms are also available to conference attendees:
- Atlantic Room – Oceanfront View: $470 per night
- Classic Suite – Resort View: $495 per night
- Deluxe Suite – Resort View: $550 per night
- Atlantic Suite – Oceanfront View: $695 per night
Make your reservations by July 7, 2021, to reserve your room at these special rates. You will receive a special room reservation link after you have registered with ABI. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the July 7 cut-off or after the specially rated ABI block has been filled.
Spa Discount: The Breakers is graciously offering Workshop attendees a 10% discount off spa treatments. Since the spa sells out on a daily basis, please contact the spa in advance at (833) 239-4787 to receive the 10% group discount by letting a spa concierge know you that are with the American Bankruptcy Institute 2021 Southeast Bankruptcy Workshop.
Premium Sponsors
Adams & Reese LLP
Alston & Bird LLP
Axos Global Fiduciary Banking
BakerHostetler
Balch & Bingham, LLP
Barnes & Thornburg LLP
B. Riley Financial
Burr & Forman LLP
Butler Snow LLP
Christian & Small, LLP
Cozen O' Connor
CR3 Partners
Dentons Bingham Greenebaum LLP
Dundon Advisers LLC
Epiq
GGG Partners, LLC
Jones Walker LLP
KCC
King & Spalding LLP
K & L Gates LLP
Maynard Cooper & Gale, PC
McGuireWoods LLP
Morris James LLP
Nelson Mullins Riley & Scarborough LLP
Nexsen Pruet, PLLC
Parker, Hudson, Rainer & Dobbs LLP
Perkins Coie LLP
Polsinelli
Reynolds, Reynolds & Little, LLC
Ritchie Bros.
SC&H Capital
Stichter Riedel, Blain & Postler, P.A.
Stretto
Summit Investment Management LLC
Troutman Pepper
Wilmington TrustPatron Sponsors
agencyIP
Berger Singerman LLP
Blanco Tackabery & Matamoros, P.A.
KapilaMukamal, LLP
Law Offices of Craig M. Geno, PLLC
McGlinchey Stafford PLLC
Sherwood Partners, Inc.Supporting Sponsors
Bay Point Advisors, LLC
Grier Wright Martinez PA
Hendren Redwine & Malone, PLLC
Markowitz, Ringel, Trusty + Hartog, P.A
Moore Bradley Myers Law Firm
SOLIC Capital, LLC
Trenam Law
Whelehan Law Firm, LLCRegistration Rates
In-Person Attendee Rate ABI Member$750ABI Govt./Nonprofit/Aca. Member$500Join & Save*$1,100New Govt./Nonprofit/Aca. ABI Member**$600* There will be no on-site registrations.
** Includes a one-year ABI membership for first-time members — a $375 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.ABI Member Exhibitor Registration***$1,600New ABI Member Exhibitor Registration****$1,950Additional Booth Representative$500*** 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 for first-time members.Optional Events Price Opening ReceptionGuestChild (12 and under)Free$75$25Golf Tournament$250Beach Bash!GuestChild (12 and under)$75$85$35ABI 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.
Cancellation
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by July 7, 2021. No refunds will be granted after July 7, but substitutions will be allowed. After July 7, 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.
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. ABI also has reduced rates for government employees, professors, law clerks and students. Financial assistance is available for this program. Illinois Attorneys: If registration fees are more than $500, attorneys who qualify will receive at least a 50% reduction in the registration fee. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].
Event Information 296999
Wednesday, August 25
3:00-7:00 p.m.
ABI Registration Desk Open
5:00-6:00 p.m.
40 Under 40 Reception
6:00-7:30 p.m.
Opening Reception
Sponsored by Development Specialists, Inc. & KCC
Thursday, August 26
7:00 a.m.-5:00 p.m.
ABI Registration Desk Open
7:30-8:00 a.m.
Networking Breakfast
Sponsored by Kaempfer Crowell
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. Judges will discuss 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
Sponsored by Pachulski Stang Ziehl & Jones LLP
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
Sponsored by Stoel Rives LLP
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
Jason S. Brookner
Gray Reed & McGraw LLP; 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
Sponsored by Pachulski Stang Ziehl & Jones LLP
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
Sponsored by Proskauer & Sonoran Capital Advisors
Friday, August 27
8:00-10:30 a.m.
ABI Registration Desk Open
8:30-9:00 a.m.
Networking Breakfast
Sponsored by FTI Consulting, Inc.
9:00-10:30 a.m.
Welcome & Crossover Ethics Topic: Strategies and Risks of Bankruptcy as a Response to State Court Litigation
This session addresses when a bankruptcy court will accept jurisdiction and control of pending state court litigation upon the filing of a bankruptcy case by an involved party. Topics include removal, abstention, stay relief and remand, as well as the strategies and risks of filing bankruptcy in hopes of having a state court action removed to bankruptcy court.
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.
Registration Rates
In-Person ABI Member$725ABI Govt./Nonprofit/Aca. Member$475Join & Save*$1075New 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 ReceptionOpening Reception GuestFree$75Margarita ReceptionMargarita Reception GuestFree$50Cancellation 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].
Event Information 297198
The health and safety of our attendees, guests and ABI staff is always our top priority, so ABI is working closely with our hotel partners to ensure that best practices are in place throughout every step of your meeting journey. By registering for the program, attendees and their guests agree to ABI’s COVID-19 Safety Protocols and Release.
Throughout the course of the program, ABI will be complying with, and expects its attendees and their guests to comply with, the preventive measures put in place by the JW Marriott, which can be found here: Health & Safety Precautions. These include social distancing while inside and wearing masks at program sessions and events. ABI will also require all attendees to complete a health check form the morning prior to attending the program. The link to the health check will appear in an attendee email prior to the start of the program. For more information on the hotel’s enhanced precautions, please visit https://whattoexpect.marriott.com/wasjw. ABI will also be providing contactless check-in and CLE tracking for attendees.
Friday, September 24
7:30-8:15 a.m.
Registration and Breakfast with the Judges and Advisory Board *In-person attendees only*
Sponsored by Cravath, Swaine & Moore LLP
8:15-8:30 a.m.
Welcome and Opening Remarks
8:30-9:30 a.m.
Confirmation: Brave New World?
This session will cover one-day cases and the impact of the extraordinary and unforeseen changes in the economy. Are death-trap plans permissible or bad faith? The panelists will also discuss feasibility in a post-COVID world and RSAs.
Jay M. Goffman, Moderator
Rothschild & Co.; New York
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Hon. Christine M. Gravelle
U.S. Bankruptcy Court (D. N.J.); Trenton
Hon. Marvin P. Isgur
U.S. Bankruptcy Court (S.D. Tex.); Houston
Leslie C. Heilman, Facilitator
Ballard Spahr LLP; Wilmington, Del.
9:30-9:45 a.m.
Networking Break
9:45-10:45 a.m.
Confirmation: The Rest of the Story
The panelists will continue the conversation on confirmation by examining judicial vs. market valuation, valuation in light of Speedcast Int’l., equitable mootness, exclusivity termination, and the latest developments in § 363 sales.
Paul D. Leake, Moderator
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Hon. Janet S. Baer
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Hon. Clifton R. Jessup, Jr.
U.S. Bankruptcy Court (N.D. Ala.); Decatur
Hon. David R. Jones
U.S. Bankruptcy Court (S.D. Tex.); Houston
Hon. Sean H. Lane
U.S. Bankruptcy Court (S.D.N.Y.); New York
Anupama Yerramalli, Facilitator
Latham & Watkins LLP; New York
10:45-11:00 a.m.
Networking Break
Sponsored by McGuireWoods LLP
11:00 a.m.-12:00 noon
The Changing Real Estate Landscape
The panelists will compare the leniency of bankruptcy courts vs. state courts in regard to real estate, including their flexibility on assumption/rejection and delayed rent payments, and the resulting impact on commercial properties and law firms, as well as adequate protection. The implications of the Fulton decision will also be discussed.
Michael L. Bernstein, Moderator
Arnold & Porter Kaye Scholer LLP; Washington, D.C.
Hon. Lisa G. Beckerman
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Hon. Rosemary J. Gambardella
U.S. Bankruptcy Court (D. N.J.); Newark
Hon. Cecilia G. Morris
U.S. Bankruptcy Court (S.D.N.Y.); Poughkeepsie
Hon. Karen B. Owens
U.S. Bankruptcy Court (D. Del.); Wilmington
Kristin K. Going, Facilitator
McDermott Will & Emery; New York
12:00-1:30 p.m.
Working Lunch *In-person attendees only*
Lunch with the judges and faculty from the morning’s panels, with new facilitators leading the discussions.
Sponsored by BakerHostetler and Pachulski Stang Ziehl & Jones
Confirmation: Brave New World?
Damian S. Schaible
Davis Polk & Wardwell LLP; New York
Confirmation: The Rest of the Story
Dan T. Moss
Jones Day; Washington, D.C.
The Changing Real Estate Landscape
Lorenzo Marinuzzi
Morrison & Foerster LLP; New York
1:30-1:40 p.m.
Networking Break
1:40-2:40 p.m.
Great Debates
Norman N. Kinel, Moderator
Squire Patton Boggs; New York
Resolved: The Bankruptcy Code impliedly repeals the Federal Arbitration Act with respect to disputes regarding the allowance of claims against a bankruptcy estate.
Pro: Hon. Ashely M. Chan
U.S. Bankruptcy Court (E.D. Pa.); Philadelphia
Con: Hon. Eric L. Frank
U.S. Bankruptcy Court (E.D. Pa.); Philadelphia
Resolved: A chapter 11 plan of reorganization may lawfully release the liability of a third party for its own tortious conduct without the consent of the creditor whose claim is being released.
Pro: Hon. Janet E. Bostwick
U.S. Bankruptcy Court (D. Mass.); Boston
Con: Hon. Frank J. Bailey
U.S. Bankruptcy Court (D. Mass.); Boston
2:40-3:00 p.m.
Networking Break
Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP
3:00-4:00 p.m.
Small Business Reorganization
This panel will explore the eligibility of small businesses to file under the Small Business Reorganization Act of 2019 (SBRA) and the benefits of doing so, along with recent developments and hot topics in this area of the law. The panelists will also discuss Paycheck Protection Program (PPP) loans and whether these loans count toward debt ceilings (is it debt or a grant?), as well as § 525, which prohibits the Small Business Administration (SBA) from discriminating against debtors.
Laura Davis Jones, Moderator
Pachulski, Stang, Ziehl & Jones; Wilmington, Del.
Hon. Rebecca B. Connelly
U.S. Bankruptcy Court (W.D. Va.); Harrisonburg
Hon. John T. Dorsey
U.S. Bankruptcy Court (D. Del.); Wilmington
Hon. James J. Tancredi
U.S. Bankruptcy Court (D. Conn.); Avon, Conn.
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Alexa J. Kranzley, Facilitator
Sullivan & Cromwell LLP; New York
4:00-4:15 p.m.
Networking Break
4:15-5:15 p.m.
Ethics: The Game-Changing Benefits of Diversity & Elimination of Bias
This session will focus on several of the Model Rules of Professional Conduct, including 4.1 (Truthfulness to Others), 7.1 (Communications Concerning Lawyer’s Services) and 8.4 (Misconduct). The panelists will address compensation and diversity in U.S. law firms and the elimination of bias; the importance of diversity and inclusion regarding creativity and innovation, the correlation with financial performance, and improving the workplace and client relationships; and ways in which law firms can actively combat unconscious bias and make retention of diverse talent a priority.
Hon. Kevin J. Carey (ret.), Moderator
Hogan Lovells US LLP; Philadelphia
Hon. Elizabeth L. Gunn
U.S. Bankruptcy Court (D. D.C.); Washington
Hon. Jeffrey P. Hopkins
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
Hon. C. Ray Mullins (ret.)
U.S. Bankruptcy Court (N.D. Ga.); Greensboro
Hon. Deborah L. Thorne
U.S. Bankruptcy Court (N.D. Ill.); Chicago
5:15 p.m.
Cocktail Reception *In-person attendees only*
Sponsored by Sullivan & Cromwell LLP and Proskauer Rose LLP
Judicial Chair
Hon. Michelle M. Harner
U.S. Bankruptcy Court (D. Md.); Baltimore
Program Chair
Donald A. Workman
BakerHostetler; Washington, D.C.
Advisory Board
Marc E. Albert
Stinson LLP ; Washington, D.C.
Luke A. Barefoot
Cleary Gottlieb Steen & Hamilton LLP; New York
Michael L. Bernstein
Arnold & Porter Kaye Scholer LLP; Washington, D.C.
Robert Britton
Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York
Hon. Kevin J. Carey (ret.)
Hogan Lovells US LLP; Philadelphia
Mark D. Collins
Richards, Layton & Finger, P.A.; Wilmington, Del.
Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C.; New York
Laura Davis Jones
Pachulski Stang Ziehl & Jones; Wilmington, Del.
Mary J. Dowd
Arent Fox LLP; Washington, D.C.
Dennis F. Dunne
Milbank LLP; New York
Douglas M. Foley
McGuireWoods LLP; Washington, D.C.
Jay M. Goffman
Rothschild & Co.; New York
Kristin K. Going
McDermott Will & Emery; Washington, D.C.
Jason W. Harbour
Hunton Andrews Kurth; Richmond, Va.
Leslie C. Heilman
Ballard Spahr LLP; Wilmington, Del.
Thomas M. Horan
Cozen O’Connor; Wilmington, Del.
Vincent Indelicato
Proskauer; New York
Shanti M. Katona
Polsinelli PC; Wilmington, Del.
Norman N. Kinel
Squire Patton Boggs; New York
C. Kevin Kobbe
DLA Piper; Baltimore
Alexa J. Kranzley
Sullivan & Cromwell LLP; New York
David R. Kuney, Chair Emeritus
Washington, D.C.
Paul D. Leake
Skadden, Arps, Slate, Meagher & Flom LLP; New York
Jeffrey A. Liesemer
Caplin & Drysdale, Chartered ; Washington, D.C.
Robert K. Malone
Gibbons PC; Newark, N.J.
Lorenzo Marinuzzi
Morrison & Foerster LLP; New York
Richard M. Meth
Roseland, N.J.
Joseph G. Minias
Willkie Farr & Gallagher LLP; New York
Erika L. Morabito
Quinn Emanuel Urquhart & Sullivan, LLP; Washington, D.C.
Dan T. Moss
Jones Day; Washington, D.C.
Lauren A. Moskowitz
Cravath, Swaine & Moore LLP; New York
Michael B. Schaedle
Blank Rome LLP; Philadelphia
Damian S. Schaible
Davis Polk & Wardwell LLP; New York
Jeffrey L. Tarkenton
Womble Bond Dickinson (US) LLP; Washington, D.C.
Andrew M. Troop
Pillsbury Winthrop Shaw Pittman LLP; New York
James E. Van Horn
Barnes & Thornburg LLP; Washington, D.C.
Irving E. Walker
Cole Schotz P.C.; Baltimore
Anupama Yerramalli
Latham & Watkins; New York
Program Location
JW Marriott Washington, DC
1331 Pennsylvania Avenue NW
Washington, DC 20004Parking Information
We encourage attendees to take the Metro or a taxi to the program.
The Hotel’s Valet Parking will remain operational and is located at the Front Drive on 14th Street NW between Pennsylvania Avenue NW and F Street NW. Valet parking services are available at a cost of $63. Due to the construction please anticipate longer wait times for Valet to retrieve cars.
Drivers can use the following nearby parking garage:
One Parking
1325 G Street, NW, Washington, DC 20005
12 Hour Rate: $28
24 Hour Rate: $351310 G St Garage – ParkChirp
1310 G St. NW, Washington, DC 20005
Reserve parking online / rates variesColonial Parking
607 14th Street NW Lot 558– The Westory
1 Hour - Until Closing: $23
Overnight: $35Ronald Reagan Building Parking
1300 Pennsylvania Avenue NW, Washington, DC 20004
2 Hour: $20
2 to 4 Hours: $22
4 to 15†Hours $25
14 to 24 Hours: $356 hours of total CLE credit, including 1 hour of ethics, are pending in states calculating CLE on a 60-minute hour, and 7.2 hours of total CLE credit, including 1.2 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 6 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 6 hours, of which 1 hour will apply to ethics.
7.2 hours of total CPE credit, including 1.2 hours of ethics of CPE credit, are also available.
➤ CPE credit is NOT AVAILABLE for virtual program attendees.
➤ Bankruptcy 2021: Views from the Bench session recordings will be viewable for on-demand credit until October 24, 2021.
* 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.
Breakfast Sponsor
Luncheon Sponsors
Refreshment Break Sponsors
Cocktail Reception Sponsors
Conference Hall Sponsors
Attendee Email Sponsor
Wifi Sponsor
General Sponsor
Supporting Sponsors
Arent Fox LLP
Arnold & Porter Kaye Scholer LLP
Barnes & Thornburg LLP
Blank Rome LLP
Caplin & Drysdale
Cleary, Gottlieb, Steen & Hamilton LLP
Cole Schotz P.C.
Cozen O'Connor
Davis Polk
DLA Piper
Hogan Lovells US LLP
Hunton Andrews Kurth LLP
Latham & Watkins LLP
McDermott Will & Emery, LLP
Milbank, Tweed, Hadley & McCloy LLP
Morrison & Foerster LLP
Otterbourg P.C.
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Pillsbury Winthrop Shaw Pittman LLP
Polsinelli
Proskauer
Quinn Emanuel Urquhart & Sullivan LLP
Richards, Layton & Finger, PA
Rothschild
Squire Patton Boggs (US) LLP
Stinson LLP
Willkie Farr & Gallagher LLP
Womble Bond Dickinson (US) LLPRegistration Rates
In-Person Attendee Rates Regular Rate Late Rate (after 9/10/21) ABI Member$650$750ABI Govt./Nonprofit/Aca. Member$445$545Join & Save*$1,000$1,100New Govt./Nonprofit/Aca. ABI Member*$570$670Online Attendee Rates ABI Member$250ABI Govt./Nonprofit/Aca. Member$175Join & Save*$600New Govt./Nonprofit/Aca. ABI Member*$300* Includes a one-year ABI membership for first-time members — a $375 value! Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership-renewal fee.
Cancellation Policy
In-Person Attendee Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by September 2, 2021. No refunds will be granted after September 2, but substitutions will be allowed. After September 2, 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.
Online Attendee Cancellation Policy
No refunds will be granted for the online program. Should you become unable to attend any or all of the sessions, a recording of all sessions will be sent to you, along with the corresponding educational materials.
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, ABI may allow the individual to work at the 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. Financial assistance is available for this program. Illinois Attorneys: If registration fees are more than $500, attorneys who qualify will receive at least a 50% reduction in the registration fee. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].
Event Information 302668
Platinum Sponsor
Gold Sponsors
Gala Lanyard Sponsor
Competition T-Shirt Sponsor
Competition Transportation Sponsor
Gala Beverage Sponsor
Monday Lunch Sponsor
Silver Sponsors
Become a sponsor of the Duberstein Bankruptcy Moot Court Gala Awards event and support tomorrow’s professionals. Available packages are listed on the commitment form.
Please contact Sharisa Sloan [email protected] for more information.
Rates
Attendee Type Individual $300* Government $150 *Rate increases to $350 on day of event. Refund Policy
We are unable to offer cancellations or refunds for the Duberstein Gala Awards program, but substitutions are welcome. To send a substitute, please do the following: Prior to February 18, 2022: Email [email protected] with the name of the guest who will no longer be attending, as well as the new guest’s name. After February 18, 2022: On the day of the event, simply ask your substitute to pick up the name badge of the guest who is not attending, and notify the event staff. The guest will be directed to provide the event staff with their business card, and staff will make a replacement name badge at that time.
ABI’s COVID-19 Policy for the Duberstein Bankruptcy Moot Court Awards Gala
As the COVID-19 landscape continues to evolve, so too must ABI’s safety policies for in-person events. ABI’s priority for all conferences and events is the safety and welfare of our attendees, partners, and team. ABI and St. John’s are requiring that in-person attendees show proof of being fully vaccinated against COVID-19 in order to gain admittance to the Duberstein Bankruptcy Moot Court Competition Awards Gala. This is in full compliance with the City of New York and the policy set forth by the hotel venue for the event – the Downtown New York Marriott. The hotel will be asking each guest to the Gala to provide proof of vaccination prior to entering the event venue as set forth below:
KEY TO NYC: COVID-19 VACCINATION REQUIREMENT
The executive order issued by the mayor regarding vaccination requirements in New York City states that all customers, employees and vendors are required to provide proof of vaccination to be allowed entry into any indoor dining at restaurants, bars, catering/event facilities and any other indoor sit-down dining located in New York city district limits.
Proof of vaccination (with a valid form of identification) means proof of receipt of at least one dose of a COVID-19 vaccine authorized for emergency use or licensed for use by the U.S. Food and Drug Administration or authorized for emergency use by the World Health Organization. Such proof may be established by:
Please be prepared to present proof of vaccination to the hotel and/or ABI prior to entering the Awards Gala event area.
- A CDC COVID-19 Vaccination Record Card or an official immunization record from the jurisdiction, state, or country where the vaccine was administered or a digital or physical photo of such a card or record, reflecting the person’s name, vaccine brand, and date administered; or
- A New York City COVID Safe Pass (available to download on Apple and Android smartphone devices); or
- A New York State Excelsior Pass; or
- Official Vaccine Record.
Please be prepared to present proof of vaccination to the hotel and/or ABI prior to entering the Awards Gala event area.