On behalf of our faculty and the Northeast Advisory Board, we are pleased to welcome you back to the in-person Northeast Bankruptcy Conference and Northeast Consumer Forum! The advisory board has assembled a roster of great speakers on a wide variety of timely topics that offer something for everyone.
Plus, you can enjoy Maine’s beautiful landscape while staying at the historical Samoset Resort overlooking Penobscot Bay. In between educational sessions and networking opportunities, you can take advantage of the resort’s many recreational activities and the coastal town of Rockland, Maine, situated less than 10 minutes’ drive away.
Emerging Leaders & Judges’ Roundtable Program
Roundtable session geared towards attorneys in practice 10 years or less.
Geared toward lawyers and financial professionals with 10 or fewer years of restructuring experience, this panel of experienced attorneys and financial professionals will discuss what practitioners should consider when deciding whether to pursue an in- or out-of-court restructuring and, once the decision to file bankruptcy has been made, the necessary steps to successfully commence a bankruptcy case. The panelists will then explore the pre-filing and first days of a bankruptcy from both debtor and creditor perspectives, followed by a Q&A session with bankruptcy judges from the First and Second Circuits. The program concludes with a cocktail reception for emerging leaders — a perfect opportunity for young practitioners to meet and interact with judges in a more informal setting.
Emerging Leaders Reception
Sponsored by Morgan, Lewis & Bockius LLP
Opening Reception
Sponsored by Preti, Flaherty, Beliveau & Pachios, Chartered, LLP
Bar sponsored by Choate, Hall & Stewart LLP, Goulston & Storrs PC and Locke Lord LLP
Breakfast
Sponsored by Gordon Brothers Group
Plenary Session
So, You Think You’re an Expert on Evidentiary Issues?
Think you can cross-examine the opposing expert on her/his opinions that have been rejected or criticized in the past? Not so fast. What’s the appropriate premise of value? How many feet from the deathbed does the debtor have to be to adopt a liquidation premise? Does satisfaction of a contractual obligation conclusively establish reasonably equivalent value? Must you also avoid the obligation? What are the ways to establish compliance with industry standards under § 547(c)(2)? Will a fact witness suffice? What do you do when the opposing expert (or your own!) offers an opinion that’s not disclosed in the expert’s report? This panel of experts, litigators and a retiring judge will tackle these common-but-complex evidentiary issues.
All Day Coffee
Snacks & Small Bites Networking Break
Sponsored by Pachulski Stang Ziehl & Jones
Business Track Concurrent Sessions (2)
So You Think You Can Mediate: A Guide to Upping Your Game
This panel will cover assessing and negotiating a fee structure, how to prepare for the mediation, guiding participants toward making mediation statements useful, and tips for breaking the impasse.
Regulatory Issues in Energy Cases
FERC & PUC jurisdictions are not confined to oil and gas. What lessons can we take from that space for broader application in other regulated energy sectors? When does CFIUS review come into play, and what is involved?
Consumer Track Concurrent Session
150 Days in the Life of a Subchapter V Reorganization
This program considers the life cycle of a small business reorganization. Beginning 30 days before the debtor files its petition, continuing through the 90-day plan filing deadline, and hurtling toward confirmation, the panel discusses pre-bankruptcy planning and negotiation, debates eligibility and case management issues, considers best practices for utilizing the Subchapter V trustee throughout the case, and highlights tips and traps of plan formulation, contested confirmation hearings, and post-effective date matters. Our distinguished panel features the perspectives of the debtor (Chris Keach, Molleur Law), creditor (Kellie Fisher, Drummond Woodsum), the Subchapter V trustee (David Mawhinney, Bowditch & Dewey), and the bench (Hon. Peter Cary, United States Bankruptcy Court for the District of Maine).
Snacks & Small Bites Networking Break
Sponsored by Murphy & King, PC
Business Track Concurrent Sessions (2)
Adding Value at the Front End: Applying Tempnology and Other Contractual Planning
Which contract counterparty rights survive rejection, and what can be done when negotiating a contract at the front end to plan for or defend against the rule of Tempnology? This panel will discuss these issues and more.
Smooth Sailing: A Guide to Navigating the Choppy Waters of Health Care M&A
This panel will cover the various overlapping bankruptcy law and regulatory issues facing the transfer of a health care business, including financing obstacles, license transfers, successor liability, recapturing of Medicare or Medicaid overpayments, attorney general consent procedures, and related governmental issues particular to health care transactions. This practical panel will include tips of the trade for paving the way to a smooth closing and transition.
Consumer Track Concurrent Session
Tort Settlements: Undisclosed Assets
The petition is filed. At the § 341 meeting, the trustee asks the debtor whether there have been any personal-injury actions, whether the debtor has the right to sue someone, and whether the debtor inherited any assets 180 days prior to the petition date or within 180 days after the petition date. However, debtor clients often intentionally or inadvertently fail to disclose an asset. This panel will explore best practices for dealing with these and other post-filing litigation pitfalls, and for handling cases where there are undisclosed or undiscovered assets.
Optional Event
Thomas J. Raftery Memorial Tennis Tournament
Sponsored by Parker & Associates LLC & Huron Consulting
Optional Event
Golf Tournament
Sponsored by Accordion Partners
Optional Event
Winery Outing
Enjoy an afternoon at the Cellardoor vineyard located in Lincolnville, Maine. Tour the five-and-a-half acre estate vineyard and state-of-the art winemaking facility before sitting down to a private tasting menu. The $85 per person fee includes transportation, tour & tastings. Please check the appropriate box on the online registration form.
Sponsored by Eaton Peabody and Marcus Clegg
Sponsor Reception (invite only)
Sponsored by Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
‘Maine’ Event
Bring your family and enjoy a traditional summertime lobster & clam bake!
Sponsored by Pierce Atwood LLP and Sullivan & Worcester LLP
Bar sponsored by Mirick O’Connell
Entertainment sponsored by Zeisler & Zeisler, P.C.
Breakfast
Sponsored by Brown Rudnick LLP
Plenary Session
From Green to Red: What Insolvency Professionals Need to Know About Cannabis
This panel will discuss the issues that arise when the growing state-sanctioned cannabis trade intersects with the insolvency world, in both commercial and consumer settings. The panel will discuss the federal statutory scheme governing marijuana, its tension with state laws governing marijuana businesses, and the ability or inability of marijuana-related businesses and individuals involved in the industry to access the relief provided in the bankruptcy courts when facing financial insolvency. The panel will also address state court receiverships and other non-bankruptcy methods for dealing with cannabis related businesses, and special concerns that lenders and other parties should address when dealing with those in the industry.
All Day Coffee
Snacks & Small Bites Networking Break
Business Track Concurrent Sessions (3)
It’s All About the Third-Party Releases
This panel will cover recent pertinent case law, analyze trends in increased district court oversight of bankruptcy courts, and examine the policy considerations for and against both consensual and nonconsensual nondebtor third-party releases, the relevant standards for approval on the merits, the scope of consent (opt-in vs. opt-out), the use of death-trap plan voting to encourage a consensual release, and the question of a bankruptcy court’s power to award them.
Commercial Issues Roundup
This panel will cover the cutting-edge issues that practitioners need to know, (potentially) including recent makewhole decisions, the “Texas two-step,” the impact of inflation on cram-down interest rates, and circuit splits on whether § 363(m) is jurisdictional.
You Can Check Out Any Time You Like, but You Can Never Leave (Chapter 11, That Is)
This panel will analyze issues that arise in, and provide helpful tips for, the winding up of a chapter 11 case (as well as any special or different considerations for subchapter V cases), including early planning for the wind-down, closing the case, conversion vs. structured dismissal vs. plan, the preservation of claims and claim objections for a liquidating trust and related privilege considerations, professional compensation and final tax returns, winding down debtor obligations such as employee benefit plans, and cost and funding issues.
Consumer Track Concurrent Session
Trial Preparation and Evidence
A trial is fraught with opportunities for lawyers on both sides to make mistakes. By using hypotheticals infused with current and common issues, this panel will provide useful tips for successful examination and cross-examination, preparation for common motion practice, and laying a proper foundation for submission of evidence.
Snacks & Small Bites Networking Break
Business Track Repeat Concurrent Session (3)
It’s All About the Third-Party Releases
Commercial Issues Roundup
You Can Check Out Any Time You Like, but You Can Never Leave (Chapter 11, That Is)
Consumer Track Concurrent Session
Representing a Debtor or Creditor in a Bankruptcy Proceeding? It’s an Ethical Minefield Either Way!
Consumer lawyers on behalf of both debtors and creditors deal with myriad ethical issues to ensure effective and economical representation of their clients. This panel will explore the implications of representing individuals, small businesses, insiders and creditors, including what to do when your client becomes your creditor (how far can you go to get paid?) and how to avoid breaching the attorney/client privilege (just who do or can you talk to?). In a small business, the owner often considers counsel to be representing “her” interest. How does counsel for a business deal with this issue under the ethical rules and the Bankruptcy Code? For the creditor, what are the implications of potential conflicts by counsel to the debtor? Can the creditor reach out to a principal of the corporate debtor directly on their guarantee without violating the Rules of Professional Conduct? What are the ethical limits of “unbundling services” to make it more affordable for the client, whether you represent a debtor or a creditor? This panel will explore ways to accomplish your client’s goals, as well as the ethical boundaries of representation under those scenarios.
Optional Event
Lighthouse Boat Tour
The coastline surrounding Camden Harbor and Penobscot Bay is considered one of the most beautiful in the world. Relax aboard a classic wooden motor vessel and get a close-up look at the Maine coast as we glide past majestic lighthouses, seaside mansions, world-famous windjammers and visiting yachts. We often see seals, porpoises, osprey and bald eagles. Don’t forget your camera!
Optional Event
Camden Hills Guided Hike
This guided hike is the perfect way to experience Maine's Camden Hills. Whether your goal is to see magnificent views, experience Maine’s rocky coast, learn about Maine's history and natural history, or all of the above, this hike is sure to delight.
Bar sponsored by Holland & Knight LLP
Saturday Social & Reception
Bar sponsored by Murtha Cullina LLP & Devine Millimet
Breakfast
Sponsored by Accordion Partners
Plenary Session
Ethics
ABI will team up with IWIRC for an exciting and interactive discussion of real-world ethical dilemmas arising in bankruptcy practice, including while working from home. Play along with our panel of lawyers and judges as they discuss the “3 Cs” — confidentiality, communication and competence — along with information hygiene, duty to supervise, remote depositions and trials, judicial ethics, and much, much more!
This Panel is Co-Sponsored by IWIRC New England
Adjourn
| Early (by 6/3/22) | Regular (6/4/22-6/24/22) | Late (after 6/24/22) | ||
| 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 | |
| Early (by 6/3/22) | Regular (6/4/22-6/24/22) | Late (after 6/24/22) | ||
| Northeast Consumer Forum Rates | ||||
| ABI Member | $315 | $370 | $470 | |
| Join and Save* | $640 | $695 | $795 | |
| * Includes a one-year ABI membership for first-time members — 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. | ||||
| Registration includes meals, refreshment breaks, the Opening Reception, and the Saturday Dessert/S’mores Reception. | ||||
| Exhibitor Rates | ||||
| ABI Member Exhibitor Registration** | $1,600 | |||
| New ABI Member Exhibitor Registration*** | $2,000 | |||
| Additional 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 only — a $425 value! | ||||
| Registrant | Adult Guest | Child Guest (12 and under) | ||
| Evening & Optional Events | ||||
| Thursday Opening Reception | Included | $50 | $15 | |
| Friday ‘Maine’ Event | $85 | $100 | $25 | |
| Saturday Dessert/S’mores Reception | Included | $45 | $15 | |
| Golf Tournament | $200 | $200 | ||
| Tennis Tournament | $100 | $100 | ||
| Tour de ABI Bicycle Outing | $35 | $35 | ||
| Winery Tour & Tasting | $85 | $85 | ||
| Mount Battie Hike | $40 | $40 | ||
| Light House Boat Tour | $70 | $70 | ||
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, 2022. 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.
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.
ABI’s COVID-19 Policy
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. For the ABI Events, we are requiring that in-person attendees show proof of a negative COVID-19 test taken no more than two days (48 hours) prior to arrival. In lieu of testing, attendees can upload their vaccination card to show that they are fully vaccinated against COVID-19 (as defined by the CDC) in order to gain admittance to the program. This decision was made in consultation with ABI leadership and is based on guidance issued by the federal Centers for Disease Control and Prevention (CDC) and other public health authorities. It is also consistent with the policies of many of our member firms and other associations nationwide.
Hotel Accommodations
Perched on 230 waterfront acres overlooking Penobscot Bay, the Samoset Resort is a Maine vacation resort with a rich history that dates back to 1889. Located in the tranquil town of Rockport, Maine, just south of Camden, the Samoset has played host to families, celebrities and politicians alike with a signature hospitality that has made it one of New England’s premier luxury resorts.
ABI has arranged a special conference rate of $299 single/double per night for Garden View Rooms; additional fees apply for additional guests and room types. To secure the special rate, hotel reservations must be made by June 15, 2022. 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.
| Room Types | Single/Double per Night | |||
| Garden View Rooms | $299 | |||
| Ocean View Rooms | $359 | |||
| Breakwater Luxury Suite | $359 | |||
| Ocean Front Rooms | $386 | |||
| Garden View Suite | $419 | |||
| Deluxe Rooms | $427 | |||
| Ocean View Suite | $452 | |||
| Hot Tub Suite | $499 | |||
Transportation
Air: The resort is located nine miles from Rockland’s Knox County Regional Airport.
Northeast Bankruptcy Conference Judicial Chair
Northeast Bankruptcy Conference Co-Chairs
Northeast Consumer Forum Co-Chairs
Northeast Bankruptcy Conference Advisory Board
Northeast Bankruptcy Conference: 10.25 hours of CLE credit, including 2.75 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 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 12 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 10.25 hours, of which 3 hours will apply to ethics. 12 hours of CPE credit, including 3 hours of ethics, are also available.
Northeast Consumer Forum: 8.75 hours of CLE credit, including 1.25 hours of ethics, are 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. 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. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 8.75 hours, of which 1.5 hours will apply to ethics. 10.5 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 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].