ABI’s Bankruptcy 2022: Views from the Bench program is a unique opportunity for bankruptcy practitioners to hear from more than 24 sitting and retired bankruptcy judges during a full day of high-quality CLE and networking opportunities. This year’s program will include a two-part session on confirmation issues and will cover such timely topics as makewhole provisions, bankruptcy appeals, divisive mergers and bad-faith arguments. Great Debates, a special conversation on the Supreme Court, and ethics sessions will round out the day’s programming.
We look forward to seeing you there!
Registration and Breakfast with the Judges and Advisory Board
Sponsored by Cravath, Swaine & Moore LLP
Welcome and Opening Remarks
Confirmation: Challenges of Today
This session will cover a number of confirmation hot topics, including the allowance of unmatured interest (Hertz), makewhole provisions, private sponsor liability risk (In re ASHINC Corp.) and D&Os (Toys “R” Us litigation).
Networking Break
Sponsored by McGuireWoods LLP
Confirmation, Part II: Even More Challenges
This session will dive into mass tort cases, “Texas Two-Step” divisive mergers and the bad-faith arguments surrounding them, and equitable mootness (Talarico v. Ultra Petro. Corp. and others).
Networking Break
Committee Challenges in 2022
This panel will discuss UST authority in appointing committees, venue impact on committee appointment and committee composition, when it makes sense to have two committees and when it does not, and the retention of professionals or substantive contributions. The panelists also will discuss the scope of Rule 2004 examinations post-confirmation.
Luncheon Session: Conversation on Recent Supreme Court Developments
Sponsored by BakerHostetler and Pachulski Stang Ziehl & Jones
Networking Break
Great Debates
Two pairs of judges square off to consider (1) whether bankruptcies can be properly filed when a debtor faces a deluge of potential tort claims and (2) whether bankruptcy courts can support plans regarding certain special fee and financing arrangements for debtors.
RESOLVED: That a bankruptcy is filed in good faith where the debtor is not otherwise in immediate financial distress and appears to have the liquidity to pay its creditors in full, but where the case is filed because of the debtor is a defendant facing a deluge of tort claims that could at some point threaten the debtor’s business and where the debtor believes that the mechanism for liquidating those claims through a trust created under a plan of reorganization will be fairer and better for all parties than the results that would otherwise obtain in the tort system.
RESOLVED: That a bankruptcy court may approve a DIP financing agreement that incorporates the milestones set out in a restructuring support agreement, that provides that (a) the debtors will propose a plan that provides specified treatment to the Supporting Parties, which treatment is materially the same as the plan provides to similarly situated creditors; (b) obligates the Supporting Parties to vote in favor of the debtor’s plan and to vote against any competing plan; and (c) provides that the Supporting Parties (and only the supporting parties) will provide exit financing to the Reorganized Debtors, at rates and fees that exceed prevailing market terms.
Networking Break
Sponsored by Skadden, Arps, Slate, Meagher & Flom LLP
Nuts and Bolts of Bankruptcy Appeals
This panel will discuss pre-appeal considerations, final or interlocutory orders, stays pending appeal, perfecting an appeal, appellate briefs, and direct appeals to circuit courts.
Networking Break
Ethics Challenges of Today
This session will focus on several of the Model Rules of Professional Conduct, including 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer), 1.4 (Communications), 1.6 (Confidentiality of Info.), 1.7 (Conflict of Interest: Current Clients), 1.18 (Duties to Prospective Clients), 3.3 (Candor to Tribunal), 3.4 (Fairness to Opposing Party and Counsel) and 7.3 (Solicitation of Clients). The panelists will also discuss many current ethical challenges, including ethical issues in subchapter V, future claimants' representative (FCR) standards, remote proceedings and witness testimony, and client authority.
Cocktail Reception
Program Location
Hogan Lovells US LLP
555 13th St. NW
Washington, DC 20004
Parking Information
We encourage attendees to take the Metro or a taxi to the program. Parking details will be provided to all attendees two weeks prior to the conference.
COVID-19 Precautions
For all ABI Views From the Bench, Hogan Lovells US LLP is requiring that in-person attendees show proof that they are fully vaccinated against COVID-19 (as defined by the CDC) in order to gain admittance to the program.
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 Hogan Lovells US LLP. Details to follow.
| Regular Rate | Late (after 9/9/22) | |||
| In-Person Attendee Rates | ||||
| ABI Member | $650 | $750 | ||
| Join ABI and Save* | $1,050 | $1,150 | ||
| ABI Govt./Nonprofit/Academic Member | $445 | $545 | ||
| New ABI Govt./Nonprofit/Academic Member* | $570 | $670 | ||
| Online Attendee Rates | ||||
$350 | ||||
| * Includes a one-year ABI membership for first-time members — a $425 value! Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership-renewal fee. | ||||
Cancellation
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by September 2, 2022. 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.
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.
COVID-19 Precautions
For all ABI Views From the Bench, Hogan Lovells US LLP is requiring that in-person attendees show proof that they are fully vaccinated against COVID-19 (as defined by the CDC) in order to gain admittance to the program.
Judicial Chair
Program Chair
Advisory Board
6 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.
➤ CLE credit is NOT AVAILABLE for on-demand recorded sessions.
The American Bar Association 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 for Group Live (live in-person) and Group Internet Based (live webinar) programs. State boards of accountancy have 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.learningmarket.org.
- Recommended CPE Credits and Field of Study: Accounting, Specialized Knowledge
- Program attendees can earn up to 7.2 hours of CPE credits.
- Prerequisites: There are no prerequisites
- Advanced preparation: None
- Program Level: Intermediate
- Delivery Method: Group Live or Group Internet Based
➤ If recorded sessions are offered: CPE credit is available for live sessions only. CPE Credit is not available for recorded versions of live sessions.
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].