On behalf of the Northeast Bankruptcy Conference & Consumer Forum Advisory Board, we invite you to join us at the Sea Crest Beach Hotel — a haven right on the beach in the heart of Cape Cod. The advisory board has assembled a roster of great speakers on a wide variety of timely topics that offer something for everyone.
The Consumer Forum this year will focus on sophisticated financial scenarios that practitioners often face. Each standalone session will build and expand on this theme. The Consumer Forum will provide attendees with exclusive insights on current consumer bankruptcy issues and allow for meaningful participation with the panelists on these topics.
In between educational sessions and networking opportunities, you can take advantage of Cape Cod’s many recreational and family-friendly activities. This conference and hotel will sell out, so don’t delay!
Optional Event
Golf Tournament
Compete with your friends and colleagues at the annual golf tournament! The $125 fee includes green fee and boxed lunch. Upon registering for the tournament, please email Emma Hummer at [email protected] to schedule your tee time.
Optional Event
Bicycle Outing
Join your colleagues for a scenic group ride on the Shining Sea bike path. The $40 per-person fee includes bike rental, delivery and bottled water.
Sponsored by Huron Consulting Group Inc.
Registration Desk Opens
Optional Event
Ice Cream Social
Sponsored by Riemer & Braunstein LLP
Seaside Chat Session
In this post-Covid era of high commercial real estate vacancies and depressed values, is it time to reacquaint ourselves with § 1111(b)? What are the implications of subchapter V on § 1111(b) elections? This panel will present everything you wanted to know about § 1111(b) but were afraid to ask!
Emerging Leaders Reception
Opening Reception
Sponsored by Bernstein, Shur, Sawyer & Nelson, P. A. Bar sponsored by Mirick O'Connell; Murtha Cullina LLP; Perkins Thompson, P.A. and Pierce Atwood LLP
Breakfast
Co-Sponsored by PKF Clear Thinking and PKF O'Connor Davies
SCOTUS Update
In the 2022 and 2023 Supreme Court terms, there have been three or four bankruptcy cases on the docket in each term, as opposed to the more normal one case every year or even every other year. Cases have included both very significant issues that may have far-ranging effects, as in Harrington v. Purdue Pharma L.P. (whether the Bankruptcy Code authorizes a court to approve, as part of a plan of reorganization under chapter 11 of the Bankruptcy Code, a release that extinguishes claims held by nondebtors against nondebtor third parties without the claimants’ consent), and more discrete issues that could have limited impact, as in Office of the U.S. Trustee v. John Q. Hammons Fall 2006, LLC (whether to require the U.S. Trustee to issue refunds for the extra fees paid by debtors in certain districts to address the lack of uniformity identified in Siegel v. Fitzgerald). This panel will discuss these Supreme Court cases from the last two terms.
Coffee Break
Concurrent Sessions (4)
Business Track: Smelling Smoke, Seeing Fire, Getting Burned: Good Faith as a Bankruptcy Filing Requirement
What is a “good faith” bankruptcy filing after LTL? Is there a “good faith” requirement at all, and is it subjective or objective? How much financial distress is necessary (if any), and how can a debtor know when it gets there? What lessons should smaller debtors take from large mass tort cases? Is there really a split in the circuits on these issues? Join this ABI/IWIRC panel for a lively and interactive discussion of good-faith (and bad-faith) filings.
Business Track: Real Estate
This panel will discuss the current state of the commercial real estate market and the cyclical shifts impacting it, particularly the office market. The panelists will focus on potential strategies for commercial real estate owners and lenders to pursue both in and out of court.
Business Track: Corporate Governance and Bargaining in the Shadow of Bankruptcy
This panel will help you gain a better perspective on the ways in which corporate directors’ duties morph when a company begins to experience distress. What changes should you be making, through what lens will you analyze past board dealings, and how might you provide revised governance controls to best guide the entity going forward? The panelists will provide their expertise into the pitfalls and practices of governing in the zone of insolvency, and will examine the empirical research regarding outcomes at times like these.
Consumer Track: Litigation Skills
This panel will discuss how to develop litigation skills in the production, limitation and introduction of testimonial and documentary evidence. The panelists will cover strategies for both introducing evidence and dealing with objections to or limitations on an opponent’s evidence.
Coffee Break
Concurrent Sessions (4)
Business Track: Navigating the Current Developments and Shoals of Subchapter V Cases
This panel will interactively explore the current legislative context of subchapter V, measures and strategies for its success, impediments to its broader use, bad faith or improper purposes, current developments, and what might need to be fixed.
Business Track: Litigation
This panel will explore issues related to expert witnesses in the context of bankruptcy litigation. The panelists will provide an overview of the applicable rules and recent changes to those rules, and cover potential issues and considerations that arise when using an expert witness. Drawing from their own experiences, the panelists will discuss best practices and potential pitfalls when using or faced with expert witnesses.
Business Track: Bank Failures
The panel will discuss legal and practical issues arising out of bank failures. Following a brief overview of precipitating factors in recent bank failures, the panelists will discuss the legal framework for bank liquidations through FDIC receiverships, including their effects on deposit customers and borrowers. While banks are liquidated by the FDIC, related entities, such as bank holding companies, often look to bankruptcy courts to address their issues. The panelists will discuss the issues that arise with bank holding company bankruptcies, including key bankruptcy provisions and their interplay with the FDIC liquidation.
Consumer Track: Appeals
This panel will help you analyze the strategic twists and turns of taking bankruptcy appeals. When can you appeal? When should you? And if you have a choice of appellate courts (district court, BAP, court of appeals), how do you decide which to select? The panelists will share from their collective experience on both sides of the bench, including best practices — and perhaps a horror story or two.
Optional Event
Emerging Leaders Luncheon and Program (Invite Only)
Sponsored by Zeisler & Zeisler, P.C.
Optional Event
Mini-Golf Outing
Join your friends and colleagues for a fun round of mini-golf! This event requires a minimum of 15 participants.
Sponsor Reception (invite only)
Sponsored by Eaton Peabody
Dinner & Dancing
Sponsored by Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. and WilmerHale. Bar sponsored by Choate Hall & Stewart LLP, Drummond Woodsum and Murphy & King. Kids Entertainment sponsored by Sullivan & Worcester
Beach Bonfire
This family-friendly gathering will feature good food, entertainment and great company. Don't miss this event!
Sponsored by Casner & Edwards, LLP; Goulston & Storrs PC and Ruberto, Israel & Weiner, P.C. Kids Entertainment sponsored by BMC Group, Inc.
Family Breakfast
Co-Sponsored by PKF O'Connor Davies and PKF Clear Thinking
Ethics: What Happens When Our Clients Are Less than Forthcoming/Don't Tell the Truth
Some things in life are crystal clear; others are amorphous. When your client is untruthful during the bankruptcy process, you, as counsel, must do certain things. This panel will identify the relevant Bar rules, codes of professional conduct, Bankruptcy Code sections, Bankruptcy Rules and other authorities that will help practitioners identify troublesome situations and implement solutions.
Coffee Break
Concurrent Sessions (4)
Business Track Repeat: Meaning of Good Faith
Business Track Repeat: Real Estate
Business Track Repeat: Corporate Controls
Consumer Track: Credit-Reporting
This panel will explore the basics of credit reporting, what to do when errors occur, and how to obtain a potential resolution. As part of this dialogue, the panelists will discuss relevant aspects of the Fair Credit Reporting Act and Fair Debt Collection Practices Act, the discharge injunction, and jurisdictional issues that may impact litigation of these disputes.
Coffee Break
Concurrent Sessions (4)
Business Track Repeat: Navigating the Current Developments and Shoals of Subchapter V Cases
Business Track Repeat: Litigation
Business Track Repeat: Bank Failures
Consumer Track: What Consumer Practitioners Need to Know About Business Bankruptcy
This panel will introduce attendees to subchapter V of chapter 11, and its streamlined process for small business reorganizations. The panelists will cover the expectations, roles and responsibilities of the key participants in the subchapter V case, including the bankruptcy judge, debtors, creditors, the U.S. Trustee and the subchapter V trustee. The panelists also will compare and contrast subchapter V with a regular chapter 11 case in such key areas as eligibility of the debtor for subchapter V, first-day motions, cash-collateral usage, adequate protection, the role of the subchapter V trustee, plan formulation, consensual vs. cramdown plans, and the reorganized debtor’s responsibilities post-confirmation.
Adjourn
| Early (by 5/26/24) | Regular (5/27/24-6/17/24) | Late (after 6/17/24) | ||
| Northeast Bankruptcy Conference Rates | ||||
| ABI Member | $695 | $745 | $845 | |
| Join and Save* | $1,095 | $1,145 | $1,245 | |
| Govt./Nonprofit ABI Member | $475 | $500 | $525 | |
| New Govt./Nonprofit ABI Member* | $600 | $625 | $650 | |
| Emerging Leaders** | $425 | $475 | $525 | |
| Early (by 5/26/24) | Regular (5/27/24-6/17/24) | Late (after 6/17/24) | ||
| Northeast Consumer Forum Rates*** | ||||
| ABI Member | $315 | $370 | $470 | |
| Join and Save* | $565 | $620 | $720 | |
* Includes a one-year ABI membership for first-time members only — a $425 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. | ||||
** New lawyers under 30 years of age are eligible for the Emerging Leaders rate and are welcome to join us at the Emerging Leaders Lunch. To access this rate, please email Emma Hummer at [email protected] to receive a coupon code. | ||||
*** These rates are available only to full-time consumer debtor attorneys. Members will be designated as consumer debtor specialists in the online membership directory for consumer conference rates. The Join & Save rate includes a one-year ABI membership. | ||||
Registration includes meals, refreshment breaks and the Opening Reception. | ||||
| Exhibitor Rates | ||||
| ABI Member Exhibitor Registration**** | $1,800 | |||
| New ABI Member Exhibitor Registration***** | $2,225 | |||
| Additional Booth Representative | $400 | |||
| **** 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 only — a $425 value! | ||||
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.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by June 17, 2024. No refunds will be made if notice is received after June 17, although substitutions will be allowed. After June 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.
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 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].
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.
Hotel Accommodations
Located right on the water, the Sea Crest Beach Hotel is your front door to discovering the peace and serenity of Cape Cod. ABI has arranged a special conference rate of $389 per night for a Standard Room; additional fees apply for additional guests and room types. To secure the special rate, hotel reservations must be made by June 7, 2024. Reservations may only be made once you have registered with ABI. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled. You will receive a special room reservation link after you have registered with ABI. Attendees are not required to stay at the hotel to attend the conference.
Family-Friendly Activities
We invite you to take advantage of the many exciting things to do in and around Cape Cod, such as:
- Seal-Watching
- Relaxing at the Beach
- Hanging by the Pool
- Catching a Movie at the Wellfleet Drive-In Theatre
- Sightseeing on a Boat Tour
Transportation
Car: Cape Cod is an easy 1-hour drive from Providence and Boston and about 2.5-4 hours from Concord, N.H.; Portland, Maine; and New York City.
Air: The resort is 70 miles from Boston’s Logan Airport and Providence’s T.F. Green Airport.
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 Emma Hummer at [email protected]. Space is limited.
Northeast Bankruptcy Conference Judicial Chair
Northeast Bankruptcy Conference Co-Chairs
Northeast Consumer Forum Co-Chairs
Northeast Bankruptcy Conference Advisory Board
ABI will seek CLE and CPE credit for this program.