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.
Optional Event
Golf Tournament
Sponsored by Accordion Partners
Emerging Leaders & Judges’ Roundtable Program (invite only)
Private roundtable for up-and-coming new attorneys.
Emerging Leaders Reception (invite only)
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
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
Sponsored by Cohn Reznick
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, including the preservation of claims for a liquidating trust and related privilege considerations; professional compensation and final tax returns; and analyzing exit structures, including evaluating dismissal options and planning for the possibility of a case reopening to manage costs.
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
Winery Outing
Sponsored by Eaton Peabody
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.
Sponsor Reception (invite only)
Sponsored by Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
‘Maine’ Event
Sponsored by Pierce Atwood LLP
Bar sponsored by Mirick O’Connell
Entertainment sponsored by Zeisler & Zeisler, P.C.
Bring your family and enjoy a traditional summertime lobster & clam bake!
Breakfast
Sponsored by Brown Rudnick LLP
Plenary Session
Intersection of Cannabis with Bankruptcy Law
All Day Coffee
Sponsored by Cohn Reznick
Snacks & Small Bites Networking Break
Business Track Repeat Concurrent Sessions (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
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
Sponsored by McLane Middleton
Business Track Concurrent Sessions (2)
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?
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.
Consumer Track Concurrent Session
Representing either a Debtor or a Creditor in a Bankruptcy Proceeding? It’s an Ethical Minefield no matter who the Client is!
Consumer lawyers on behalf of both debtors and creditors deal with a myriad of ethical issues to ensure effective, but 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? 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 as representing “her” interest. How does counsel for a business deal with this issue under the ethical rules and the Bankruptcy Code. And 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 and the ethical boundaries of representation under those scenarios.
Optional Event
Lighthouse & Boat Tour
Optional Event
Guided Mount Battie Hike
Saturday Dessert S’mores Reception
Bar sponsored by Murtha Cullina LLP & Devine Millimett
Breakfast
Sponsored by Accordion Partners
Plenary Session
Ethics
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 | $275 | $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].