Subprime Fallout Tax Issues in Bankruptcy Among Topics to be Discussed at ABIs Southeast Bankruptcy Workshop July 16-19
Contact: John Hartgen
703-739-0800
[email protected]
SUBPRIME
FALLOUT, TAX ISSUES IN BANKRUPTCY AMONG TOPICS TO BE DISCUSSED AT
April 29, 2008,
Alexandria,
Program co-chairs for the
Southeast Bankruptcy Workshop include C.R. “Chip” Bowles,
Jr. of Greenebaum Doll & McDonald PLLC (
Highlighting the panel sessions
will be the “Surfside Chat:
Sessions at the Workshop include:
Samuel K. Crocker
of Crocker & Niarhos (
The “Condo Mania”
session will be co-moderated by Robert P. Reynolds of Reynolds,
Reynolds & Duncan, LLC (
Leonard J.
DePasquale of the Executive Office for U.S. Trustees
(
“The Chapter 11 Fee
Study: Moving-forward Analysis” session will be moderated by
C.R. “Chip” Bowles, Jr. of Greenebaum Doll &
McDonald PLLC (
Moderator James D.
Decker of Alvarez & Marsal Corporate Finance (
Paul L. Orshan of
Duane Morris LLP (
“Tax Issues in
Bankruptcy” will be moderated by Richard P. Carmody of
Adams and Reese LLP (
The “Venue Issues in
Chapter 11 Filings” session, moderated by Douglas M. Foley
of McGuireWoods LLP (
Debera Frick
Conlon of the Office of the U.S. Trustee (Norfolk, Va.) and
Bankruptcy Judge John K. Olson (S.D.
The “Business Bankruptcy
Update” plenary session will feature speakers Susan H.
Seabury of BDO Seidman, LLP (
The “Subprime
Fallout” plenary session will be moderated by Jonathan W.
Jordan of King & Spalding LLP (
For more information about the
Thirteenth Annual Southeast Bankruptcy Workshop, call
###
Esteemed Political Columnist Ronald Brownstein to Speak At ABI Luncheon at NCBJs Annual Meeting
Contact: John Hartgen
703-739-0800
[email protected]
ESTEEMED
POLITICAL COLUMNIST RONALD BROWNSTEIN TO SPEAK AT
April 21, 2008,
Brownstein has twice been named a finalist for the Pulitzer Prize, receiving recognition for his coverage in the Los Angeles Times of both the 1996 and 2004 presidential campaigns. From 1990 through 2007, Brownstein served as the national political correspondent and a columnist for the Los Angeles Times. He also served as chief political correspondent and columnist for U.S. News and World Report in 1998.
Brownstein graduated with
honors from the State University of New York at
To attend the
###
Total Bankruptcy Filings Increase Nearly 38 Percent in 2007
Contact: John Hartgen
703-739-0800
[email protected]
TOTAL BANKRUPTCY FILINGS INCREASE NEARLY 38 PERCENT IN 2007
April 15, 2008
“The latest figures
ratify trends that began last year, depicting households under growing
stress from heavy consumer debts, now in homes they can’t afford
and can’t sell,” said
Business bankruptcies recorded the sharpest percentage increase as the 28,322 business filings during calendar year 2007 represented a 43.8 percent increase in filings from the record low of 19,695 filings made during the 12-month period ending Dec. 31, 2006. While the 12-month business filing total for 2007 was still lower than any year prior to 2006, the 2007 total was trending towards the 35,293 business filings averaged annually for the past decade (1998-2007).
Consumer filings rebounded to 822,590 during the 2007 calendar year, representing a 37.6 percent increase over the 597,965 recorded during the same period in 2006. The 500,613 consumer chapter 7 filings during the 12-month period ending Dec. 31, 2007, comprised 60.9 percent of the total consumer filings for the 2007 calendar year. The chapter 7 total for 2007 represented a 43.4 percent increase over the 349,012 consumer chapter 7 filings during 2006.
The 321,359 consumers who filed for chapter 13 during the 12-month period ending Dec. 31, 2007, comprised 39.1 percent of the overall consumer filing total. The chapter 13 total for 2007 represents a 29.4 percent increase over the 248,430 consumer chapter 13 filings during 2006.
The 226,413 total bankruptcies recorded during the fourth calendar quarter of 2007 (Oct.1-Dec. 31) represent a 27.5 percent increase from the 177,599 filings during the same period in 2006. The 2007 fourth calendar quarter filing total was the highest of any previous quarter for 2007 and represented a 3.4 percent increase over the third quarter (July 1 – Sept. 30) total of 218,909.
The 218,428 consumer filings in the fourth quarter of 2007 represent a 27 percent increase in comparison to the 172,013 consumer filings for the same quarter of 2006. The consumer filing total for the fourth calendar quarter also represented a 3.2 percent increase from the previous total of 211,742 filings from the third quarter of 2006.
Business filings, which totaled 7,985 for the fourth calendar quarter of 2007, represented a 43 percent increase from the 5,586 filed in the same 3-month period in 2006 (Oct. 1-Dec. 31). Business filings also rose over the previous quarter as the fourth calendar quarter represented a 11.4 percent increase over 7,167 business filings reported during the third quarter of 2007 (July 1- Sept. 30).
The chapter* breakdown of BUSINESS filings for the 3-month period ending Dec.31, 2007, is 5,420 chapter 7s, 1,612 chapter 11s, 77 chapter 12s and 869 chapter 13s.
The chapter breakdown of NONBUSINESS filings for the 3-month period ending Dec. 31, 2007, is 132,192 chapter 7s, 181 chapter 11s and 86,055 chapter 13s.
States with the HIGHEST PER CAPITA FILING RATE (Total Filings) for the 12-month period ending Dec. 31, 2007:
1. Tennessee
2. Georgia
3. Alabama
4. Indiana
5. Michigan
6. Ohio
7. Nevada
8. Arkansas
9. Kentucky
10. Mississippi
Districts with the HIGHEST PERCENTAGE INCREASE in Total Filings for the 12-month period ending Dec. 31, 2007 (compared to the identical period in 2006):
1. District of Nevada: 98.5%
2. Eastern District of California: 93.6%
3.
Central District
of
4. Southern District of California: 82.9%
5. District of Maine: 74.2%
Districts with the LOWEST PERCENTAGE INCREASE in Total Filings for the 12-month period ending Dec. 31, 2007 (compared to the identical period in 2006):
1.
District of the
2.
District of the
3. District of Montana: 1.8%
4.
Western District of
5.
Middle District of
More information will be available at ABI’s Statistics Page, http://www.abiworld.org/statistics.
###
*Definitions from Bankruptcy Overview: Issues, Law and Policy,
by the American Bankruptcy Institute
Chapter
7 of the Bankruptcy Code is available to
both individual and business debtors. Its purpose is to achieve a fair
distribution to creditors of the debtor’s available non-exempt
property. Unsecured debts not reaffirmed are discharged, providing
a fresh financial start.
Chapter 11 of the Bankruptcy Code is available for both business and consumer debtors. Its purpose is to rehabilitate a business as a going concern or reorganize an individual’s finances through a court-approved reorganization plan.
Chapter 12 of the Bankruptcy Code is designed to give special debt relief to a family farmer with regular income from farming.
Chapter 13 of the Bankruptcy Code is available for an individual with regular income whose debts do not exceed specific amounts; it is typically used to budget some of the debtor’s future earnings under a plan through which unsecured creditors are paid in whole or in part.
Spring Issue of the ABI Law Review Features Substantive Consolidation Serial Filings and More
Contact: John Hartgen
703-739-0800
[email protected]
SPRING ISSUE
OF THE
April 24, 2008, Alexandria,
Va. — The American Bankruptcy Institute
(
Spring Issue articles include:
- Prof. William H. Widen
of the
- Prof. Jackie Gardina of
the
- Prof. Michelle M.
Harner of the
- Prof. C. Scott Pryor of
the Regent University School of Law: “The Missing Piece of the
Puzzle: Perspectives on the Wage Priority in
Bankruptcy.”
- Prof. Stephen J. Lubben
of
- Prof. Jay L. Zagorsky
of
A student thesis recognizes the breadth of nonassignable contracts in bankruptcy and the enforcement of nonbankruptcy law as bankruptcy policy. The Spring issue will be mailed next month.
Members of the press looking to
obtain a copy of the Spring 2008 issue should contact
###
April Consumer Bankruptcy Filings Increase Nearly 48 Percent over Previous Year
Contact: John Hartgen
703-739-0800
[email protected]
APRIL CONSUMER BANKRUPTCY FILINGS INCREASE NEARLY 48 PERCENT OVER PREVIOUS YEAR
May 2, 2008,
“The sharp spike in
consumer bankruptcies reflects the growing financial stress faced by
American families, saddled with household debt and mortgage woes,”
said
###
ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 11,700 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.
NBKRC is an online research center that offers subscribers access to up-to-date research and statistics on bankruptcy filings. The database contains complete information dating back to 1995. For more information on NBKRC, please visit http://www.nbkrc.com.
*Definitions from Bankruptcy
Overview: Issues, Law and Policy, by the American Bankruptcy Institute.
Chapter
7 of the Bankruptcy Code is available to
both individual and business debtors. Its purpose is to achieve a fair
distribution to creditors of the debtor’s available non-exempt
property. Unsecured debts not reaffirmed are discharged, providing
a fresh financial start.
Chapter 11 of the Bankruptcy Code is available for both business and consumer debtors. Its purpose is to rehabilitate a business as a going concern or reorganize an individual’s finances through a court-approved reorganization plan.
Chapter 12 of the Bankruptcy Code is designed to give special debt relief to a family farmer with regular income from farming.
Chapter 13 of the Bankruptcy Code is available for an individual with regular income whose debts do not exceed specific amounts; it is typically used to budget some of the debtor’s future earnings under a plan through which unsecured creditors are paid in whole or in part.
ABI Releases Second Edition of the Preference Handbook
Contact: John Hartgen
703-739-0800
[email protected]
ABI RELEASES SECOND EDITION OF THE
PREFERENCE HANDBOOK
June 2, 2008, Alexandria, Va. — Updated to address 2005 bankruptcy law changes, the American Bankruptcy Institute (ABI) released the ABI Preference Handbook, Second Edition, to provide a streamlined guide to the intricacies of preference claims and preference liability. As preference claims are one of the most common experiences a creditor will encounter in bankruptcy, author David B. Wheeler (Moore & Van Allen) wrote the Handbook to appeal to both lawyers and nonlawyers.
Preference claims in a bankruptcy case aim to prevent an insolvent company from favoring one creditor at the expense of another by allowing the bankruptcy estate to sue vendors to force them to return payments that were made within 90 days of the bankruptcy filing. The goal of the claim is to stop failing companies from making payments to preferred vendors just before they reach the point of insolvency.
The 90-page softbound manual is available for purchase ($25 ABI members; $45 non-members) at ABI’s Online Bookstore. Click here to order.
###
ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 11,700 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.
Total Bankruptcy Filings Increase Nearly 27 Percent Over First Quarter 2007
Contact: John Hartgen
703-739-0800
[email protected]
TOTAL BANKRUPTCY FILINGS INCREASE NEARLY 27 PERCENT OVER FIRST QUARTER
2007
June 3, 2008, Alexandria, Va.— The total number
of U.S. bankruptcies filed during the first three months of 2008
increased 26.9 percent over the same period in 2007 in all bankruptcy
court districts, according to data released today by the Administrative
Office of the U.S. Courts. As total filings reached 245,695 during the
first calendar year quarter of 2008 (Jan. 1-March 31), the total
surpassed the 193,641 new cases that were filed over the same period in
2007. The total filings in the 2008 first quarter also represent an 8.5
percent increase from the 226,413 bankruptcies filed during the fourth
quarter of 2007 (Oct. 1 – Dec. 31).
“This ninth consecutive quarterly increase in filings since
Congress attempted to restrict access to bankruptcy relief demonstrates
again the influence of rising household debt,” said Samuel J.
Gerdano, ABI Executive Director. “We expect filings to
surge past 1 million cases by year-end.”
The first quarter 2008 filing total represents a 110 percent increase
from the 116,771 total filings recorded during the first calendar
quarter of 2006, the first full quarter following the implementation of
the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
(BAPCPA).
Consumer filings increased 26.5 percent to 236,982 for the three-month
period ending March 31, 2008, from the 2007 first quarter total of
187,361. They also represent an 8.5 percent increase from the fourth
quarter of 2007, which recorded a total of 218,428 nonbusiness filings.
The percentage of consumers filing for chapter 13 protection fell
slightly from 39.3 percent during the first quarter of 2007 (January
1-March 31) to 35.6 percent over the same period in 2008. The number of
consumers filing for chapter 7 protection increased to 64.4 percent
during the first three months of 2008, the largest percentage of
consumer chapter 7 filers since the implementation of BAPCPA.
Business filings for the three-month period ending March 31, 2008
totaled 8,713, representing a 38.7 percent increase over the first
quarter 2007 total of 6,280. The first quarter 2008 business filing
total also represented a 9.1 percent increase over the fourth quarter
2007 total of 7,985.
The 12-month filing total of 901,927 for the period ending March 31 is
an increase of 29.7 percent from the same period in 2007, which totaled
695,575 filings. Nonbusiness filings for the 12-month period ending
March 31, 2008, totaled 871,186, up 29.3 percent from the 673,615 total
nonbusiness filings in the 12-month period ending March 31, 2007.
Business filings for the 12-month period ending March 31, 2008, totaled
30,741, up 40 percent from the 21,960 business bankruptcy petitions
filed in the 12-month period ending March 31, 2007.
The 560,015 total chapter 7 filings for the 12-month period ending March
31, 2008, represent a 35.5 percent increase from the 413,294 filings
from the same period in 2007. Chapter 13 filings increased 20.9 percent
to 334,551 in the 12-month period ending March 31, 2008 from 276,649 in
the same period last year. Chapter 11 filings also increased, rising
34.1 percent to 6,971 in 2008 from 5,199 in 2007. Chapter 12 filings
decreased 8.5 percent from 372 in 2007 to 343 in 2008.
BUSINESS FILINGS for the 3-month
period ending March 31, 2008, totaled 8,713, up 38.7 percent from the
6,280 bankruptcy business cases filed in the same period in 2007.
NON-BUSINESS FILINGS for the 3-month period ending March 31,
2008, increased 26.5 percent from 187,361 in 2007 to 236,982 in
2008.
The chapter* breakdown of BUSINESS filings for the 3-month
period ending March 31, 2008, is: 5,959 chapter 7s, 1,182 chapter 11s,
81 chapter 12s and 858 chapter 13s.
The chapter breakdown of NON-BUSINESS filings for the 3-month
period ending March 31, 2008, is: 152,543 chapter 7s, 200 chapter 11s
and 84,239 chapter 13s.
Districts with the Highest Percentage INCREASE in Total Filings
for the 12-month period ending March 31, 2008 (compared to the identical
period in 2007):
1. Eastern District of California: 83.2%
2. District of Nevada: 82.1%
3. Central District of California: 79.0%
4. Southern District of California: 68.3%
Districts with the Highest Percentage DECREASE in Total Filings
for the 12-month period ending March 31, 2008 (compared to the identical
period in 2007):
1. District of the Northern Mariana Islands:
38.1%
2. District of the Virgin Islands: 4.2%
3. Northern District of New York: 2.2%
4. District of Guam: 0.8%
###
ABI is the largest multi-disciplinary,
nonpartisan organization dedicated to research and education on matters
related to insolvency. ABI was founded in 1982 to provide Congress and
the public with unbiased analysis of bankruptcy issues. The ABI
membership includes more than 11,700 attorneys, accountants, bankers,
judges, professors, lenders, turnaround specialists and other bankruptcy
professionals, providing a forum for the exchange of ideas and
information. For additional information on ABI, visit www.abiworld.org.
For additional conference information, visit http://www.abiworld.org/conferences.html.
*Definitions from Bankruptcy Overview: Issues, Law and Policy, by the
American Bankruptcy Institute
Chapter 7 of the Bankruptcy Code is available to both
individual and business debtors. Its purpose is to achieve a fair
distribution to creditors of the debtor’s available non-exempt
property. Unsecured debts not reaffirmed are discharged, providing
a fresh financial start.
Chapter 11 of the Bankruptcy Code is available for both business
and consumer debtors. Its purpose is to rehabilitate a business as a
going concern or reorganize an individual’s finances through a
court-approved reorganization plan.
Chapter 12 of the Bankruptcy Code is designed to give special
debt relief to a family farmer with regular income from farming.
Chapter 13 of the Bankruptcy Code is available for an individual
with regular income whose debts do not exceed specific amounts; it is
typically used to budget some of the debtor’s future earnings
under a plan through which unsecured creditors are paid in whole or in
part.
ABI Endowment Awards New Grant to Study Credit Counseling
Contact: John Hartgen
703-739-0800
[email protected]
ABI ENDOWMENT FUND AWARDS NEW GRANT TO STUDY CREDIT COUNSELING
May 19, 2008 Alexandria, Va. -- The American Bankruptcy Institute (ABI) Endowment Fund has awarded a $17,500 grant to researchers studying the effectiveness of credit counseling. The Coalition for Consumer Bankruptcy Debtor Education and Dr. Richard L. Wiener, director of the Law and Psychology Program at the University of Nebraska-Lincoln, were awarded the grant – matched by the National Conference of Bankruptcy Judges Endowment – to compare traditional credit counseling with the pre-bankruptcy counseling required as a precondition for bankruptcy under the Bankruptcy Abuse Prevention and Consumer Protection Act of the 2005 (BAPCPA). The grant expands upon a $32,000 study funded by the Consumer Protection and Education Fund (the Sears Fund) in late 2006 to study pre-bankruptcy counseling.
Traditional credit counseling and the pre-bankruptcy counseling required
as a precondition for bankruptcy under BAPCPA have important
differences, including counseling sessions with different
characteristics, economics and educational goals. The combined study
will double the sample size, thus enhancing the value of the findings to
regulators such as the Internal Revenue Service and Executive Office for
U.S. Trustees, Congress, academics and the consumer public.
The ABI Endowment Fund was created in 1989 to provide a secure financial
base for the Institute and to provide resources for insolvency research
and education. Projects eligible for Endowment funding include research
by individuals or entities relating to bankruptcy or insolvency; surveys
or other analytical investigation; the education of judges, court
personnel, other governmental personnel and the general public;
scholarships or other educational grants; support for the Robert M.
Zinman Resident Scholar; and support for both the Chief Judge Conrad B.
Duberstein National Bankruptcy Memorial Moot Court Competition and
ABI’s Corporate Restructuring Competition. Since 1998, the Fund
has awarded nearly $750,000 in grants. Learn more about the ABI
Endowment fund by visiting http://www.abiworld.org/contribute.
###
ABI is the largest multi-disciplinary, nonpartisan organization
dedicated to research and education on matters related to insolvency.
ABI was founded in 1982 to provide Congress and the public with unbiased
analysis of bankruptcy issues. The ABI membership includes more than
11,700 attorneys, accountants, bankers, judges, professors, lenders,
turnaround specialists and other bankruptcy professionals, providing a
forum for the exchange of ideas and information. For additional
information on ABI, visit www.abiworld.org. For additional
conference information, visit http://www.abiworld.org/conferences.html.
May Consumer Bankruptcy Filings Increase Nearly 31 Percent Over Previous Year
Contact: John Hartgen
703-739-0800
[email protected]
MAY CONSUMER BANKRUPTCY FILINGS INCREASE NEARLY 31 PERCENT OVER PREVIOUS YEAR
June 5, 2008, Alexandria, Va.- U.S. consumer bankruptcy filings increased 30.9 percent nationwide in May from the same period a year ago, according to the American Bankruptcy Institute (ABI), relying on data from the National Bankruptcy Research Center (NBKRC). The overall May consumer filing total of 91, 214 was down slightly by 1.2 percent from the 92,291 filings recorded in April. Chapter 13 filings constituted 31.9 percent of all consumer cases in May, a slight increase from April.
“At current trends, we project that new bankruptcies will exceed the milestone of one million cases this year,” said ABI Executive Director Samuel J. Gerdano. “This would be the first year reaching a million filings since Congress restricted access to bankruptcy in 2005.”
###
ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 11,700 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.
NBKRC is an online research center that offers subscribers access to
up-to-date research and statistics on bankruptcy filings. The database
contains complete information dating back to 1995. For more information
on NBKRC, please visit http://www.nbkrc.com.
*Definitions from Bankruptcy Overview: Issues, Law and Policy, by the
American Bankruptcy Institute.
Chapter 7 of the Bankruptcy Code is available to both individual and
business debtors. Its purpose is to achieve a fair distribution to
creditors of the debtor's available non-exempt property. Unsecured
debts not reaffirmed are discharged, providing a fresh financial
start.
Chapter 11 of the Bankruptcy Code is available for both business and
consumer debtors. Its purpose is to rehabilitate a business as a going
concern or reorganize an individual's finances through a court-approved
reorganization plan.
Chapter 12 of the Bankruptcy Code is designed to give special debt
relief to a family farmer with regular income from farming.
Chapter 13 of the Bankruptcy Code is available for an individual with
regular income whose debts do not exceed specific amounts; it is
typically used to budget some of the debtor's future earnings under a
plan through which unsecured creditors are paid in whole or in part.
Supreme Court Justice John Paul Stevens to Keynote ABIs 16th Annual Southwest Bankruptcy Conference
Contact: John Hartgen
703-739-0800
[email protected]
SUPREME COURT JUSTICE JOHN PAUL STEVENS TO KEYNOTE ABI’s 16th ANNUAL SOUTHWEST BANKRUPTCY CONFERENCE
May 21, 2008 Alexandria, Va. -- More than 500 are
expected to attend ABI’s 16th Annual Southwest Bankruptcy
Conference, which will be held Sept. 4-6 at the Four Seasons Hotel in
the heart of the Las Vegas Strip. Programming for the conference
features 9 CLE credit hours, including 1 hour of ethics. Program chairs
for the conference are Jeffrey N. Pomerantz of Pachulski Stang
Ziehl & Jones LLP (Los Angeles) and Candace C. Carlyon of
Shea & Carlyon, Ltd. (Las Vegas). The Judicial Chair is Bankruptcy
Judge Gregg W. Zive (Reno, Nev.). The sponsorship chair for the
conference is Jeff Nerland of CRG Partners LLC (Santa Ana,
Calif.)
Keynoting the conference is Supreme Court Justice John Paul
Stevens, who will be sitting down for a conversation with Bankruptcy
Judges James D. Gregg (W.D. Mich.; Grand Rapids) and Eugene R.
Wedoff (N.D. Ill.; Chicago) to be moderated by ABI Executive
Director Samuel J. Gerdano.
The conference also features a “Judges Roundtable”
moderated by Bankruptcy Judge Eileen W. Hollowell (D. Ariz.;
Tucson) and includes Bankruptcy Judges Robert N. Kwan (C.D. Cal.;
Santa Ana), Bruce A. Markell (D. Nev.; Las Vegas), James M.
Marlar (D. Ariz.; Tucson), Mike Nakagawa (D. Nev.; Las
Vegas), Steven W. Rhodes (E.D. Mich.; Detroit), Linda B.
Riegle (D. Nev.; Las Vegas), Erithe A. Smith (C.D. Cal.; Los
Angeles), Wesley W. Steen (S.D. Texas; Houston) and Eugene R.
Wedoff (N.D. Ill.; Chicago).
John D. Penn of Haynes and Boone, LLP (Fort Worth, Texas) will
moderate ABI’s popular “Great Debates” program,
consisting of three debates. In Debate No. 1, “The
Debtor’s Motion to Appoint a Chief Restructuring Officer with
Power to Manage Constitutes Grounds for Appointment of a
Trustee,” August B. Landis of Office of the U.S.
Trustee (Las Vegas) will debate Cathy L. Reece of Fennemore Craig
PC (Phoenix).
In Debate No. 2, “When Contracts Include Recovery of
Attorney’s Fees, Post-Petition Attorney’s Fees Are
Recoverable on Unsecured Claims,” G. Eric Brunstad, Jr.
of Bingham McCutchen LLP (Hartford, Conn.) will debate Prof. Mark S.
Scarberry of Pepperdine University School of Law (Malibu,
Calif.).
In Debate No. 3, “The Disposable-income Test Is
Unconstitutional,” David A. Tilem of the Law Offices of
David A. Tilem (Glendale, Calif.) will debate Ford Elsaesser of
Elsaesser, Jarzabek, Anderson, Marks, Elliott & McHugh, Chtd.
(Sandpoint, Idaho).
Conference sessions include:
Prof. Nancy B. Rapoport of the William S. Boyd School of Law,
University of Nevada (Las Vegas) will moderate the “Multimedia
Ethics Extravaganza” plenary session.
The “Consumer Remedies for Lender Misconduct” session,
moderated by Rudy J. Cerone of McGlinchey Stafford, PLLC (New
Orleans), will feature panelists Karen L. Kellett of The Kellett
Law Firm (Dallas), Marilee A. Madan of Barrett Burke Wilson
Castle Daffin & Frappier, LLP (Houston) and Bankruptcy Judge
Erithe A. Smith (C.D. Cal.; Los Angeles).
“They Aren’t Buying It: Handling the Next Wave of Retail
Insolvencies” will be moderated by T. Scott Avila of CRG
Partners (Los Angeles) and include panelists John P. Beauclair of
Sun Capital Partners, Inc. (Los Angeles), Michael D. Chartock of
Gordon Brothers Group, LLC (Boston), Prof. Dawn McLaren of the
W.P. Carey School of Business, Arizona State University (Tempe, Ariz.)
and Ronald M. Tucker of Simon Property Group (Indianapolis,
Ind.).
“Claims Trading, Fiduciary Duties and Other Pesky Committee
Issues,” moderated by Eve H. Karasik of Stutman, Treister
& Glatt, PC (Los Angeles), will feature panelists Ronald F.
Greenspan of FTI Consulting, Inc. (Los Angeles), William Kaye
of JLL Consultants, Inc. (East Rockaway, N.Y.), Bankruptcy Judge
James M. Marlar (D. Ariz.; Tucson) and David B. Shemano of
Peitzman, Weg & Kempinsky LLP (Los Angeles).
Jeffrey N. Pomerantz of Pachulski Stang Ziehl & Jones LLP
(Los Angeles) will moderate “The Anatomy of a Bankruptcy M&A
Transaction: From Teaser to Tombstone” session with panelists
Marc Bilbao of Imperial Capital (Los Angeles), Robbin L.
Itkin of Steptoe & Johnson LLP; Los Angeles) and George
Kase of Marlin Equity Partners (Los Angeles).
“The Subprime Meltdown from an Insolvency Litigation
Perspective” session will be moderated by James D. McCarthy
of Diamond McCarthy LLP (Dallas) and feature panelists Bankruptcy Judge
Robert N. Kwan (C.D. Cal.; Santa Ana), Larry Lattig of
Mesirow Financial Consulting, LLC (Dallas) and Samuel Newman of
Gibson, Dunn & Crutcher LLP (Los Angeles).
The “Individual Chapter 11s: The Saga Continues” session,
moderated by James Patrick Shea of Shea & Carlyon, Ltd. (Las
Vegas), includes panelists James T. Markus of Block, Markus &
Williams, LLC (Denver), Patricia A. Redmond of Stearns, Weaver,
Miller, Weissler, Alhadeff & Sitterson, PA (Miami) and Bankruptcy
Judge Eugene R. Wedoff (N.D. Ill.; Chicago).
The “Dialing for Dollars and Other Creative Ways to Find Cash for
the Estate” session will be moderated by Henry R. Ritter of
SoCal Advisors (Playa Del Rey, Calif.) and include panelists Michelle
C. Campbell of AlixPartners LLP (Los Angeles), Douglas E.
Himmel of Melville Capital, LLC (Los Angeles), Eric A. Linn
of Oak Point Partners (Palatine, Ill.) and Bankruptcy Judge Linda B.
Riegle (D. Nev.; Las Vegas).
Bankruptcy Judge Gregg W. Zive (D. Nev.; Reno) will moderate the
“Current Case Law Developments (Commercial)” workshop with
panelists Donald L. Gaffney of Snell & Wilmer, LLP (Phoenix),
Claire Ann Resop of von Briesen & Roper, SC (Madison, Wis.)
and Deborah D. Williamson of Cox Smith Matthews Incorporated (San
Antonio).
The “Relationships and Stakeholder Positions in a Changing
Market” session, to be moderated by Brian I. Swett of
Winston & Strawn LLP (Chicago), will include Richard K.
Brooks of Wachovia Capital Finance (Pasadena, Calif.), Martin J.
McKinley of Wells Fargo Business Credit, Inc. (San Francisco),
Steven C. Petrie of Summit Investment Management LLC (Denver) and
Alexander William Stevenson of XRoads Solutions Group (Santa Ana,
Calif.).
Bankruptcy Judge Mike Nakagawa (D. Nev.; Las Vegas) will
moderate the “Current Case Law Developments (Consumer)”
workshop featuring panelists Donald L. Gaffney of Snell &
Wilmer, LLP (Phoenix), Claire Ann Resop of von Briesen &
Roper, SC (Madison, Wis.) and Deborah D. Williamson of Cox Smith
Matthews Incorporated (San Antonio).
For more information on the Southwest Bankruptcy Conference, visit http://www.abiworld.org/SW08.
###
ABI is the largest multi-disciplinary, nonpartisan organization
dedicated to research and education on matters related to insolvency.
ABI was founded in 1982 to provide Congress and the public with unbiased
analysis of bankruptcy issues. The ABI membership includes more than
11,700 attorneys, accountants, bankers, judges, professors, lenders,
turnaround specialists and other bankruptcy professionals, providing a
forum for the exchange of ideas and information. For additional
information on ABI, visit www.abiworld.org. For additional conference
information, visit http://www.abiworld.org/conferences.html.