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Sessions

Event Information 279980

Thursday, January 23

10:00-11:45 a.m.

IWIRC Program

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.

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

Kenneth J. 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 bspencer@abi.org.

9:00-10:15 a.m.

Concurrent Sessions (3)

Consumer Workshop I
Let the Winning Continue: Getting to Confirmation

Join 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

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 Law

Domestic 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

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 7s

This 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

L.D. Brown, PC; 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

Chip Glaze

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

 

Partners

Platinum Sponsors

Berkeley Research Group, LLC Cohne Kinghorn, P.C. DURHAM JONES & PINEGAR KutnerBrinen, PC Onsager Fletcher Johnson Otten Johnson Robinson Neff + Ragonetti PC Parsons Behle & Latimer RAY QUINNEY & NEBEKER Rocky Mountain Advisory Snell & Wilmer Stoel Rives LLP

Gold Sponsors

Ballard Spahr LLP Dorsey & Whitney LLP Faculty of Federal Advocates HOLLAND & HART LLP  Lewis Roca Rothgerber Christie LLP Markus Williams Young & Hunsicker LLC Spencer Fane LLP

Bronze Sponsor

 

Sherman & Howard L.L.C

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 bspencer@abi.org.

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
$695
Join and Save*
$920
$970
$1,020
Govt./Aca. ABI Member
$345
$395
$445
New Govt./Aca. ABI Member*
$440
$490
$540
Consumer 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)
$75
 
 
Thursday Networking Reception
Included
 
 
Thursday Networking Reception Guest
$40
 
 
Friday Networking Reception
Included
 
 
Friday Networking Reception Guest
$40
 
 

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