Thursday | Friday | Saturday | Sunday 8:00 a.m. Golf Tournament at Lake Presidential Golf Club Sponsored by Tiger Capital Group, LLC 9:00 a.m.-5:00 p.m. ABC Exams 4:00-6:00 p.m. Thursday Happy Hour Sponsored by Loeb & Loeb LLP 4:00-8:00 p.m. Exhibit Hall Open Sponsored by Sherwood Partners, LLC 5:00-6:00 p.m. Ambassador Reception Sponsored by Jefferies & Company, Inc. 6:00-8:00 p.m. Opening Reception Sponsored by Diamond McCarthy LLP, GCG and Protiviti Inc. 8:00-8:30 a.m. Breakfast Sponsored by Executive Sounding Board Associates, Inc. 8:30-10:00 a.m. 16th Annual Great Debates Jeffrey N. Pomerantz, Moderator Pachulski Stang Ziehl & Jones LLP; Los Angeles Past Presidents’ Debate Resolved:Claims traders who receive material non-public information about a debtor are required to restrict their trading or establish ethical walls between the trading and bankruptcy desks as a condition for participating in non-public settlement discussions with the debtor. Pro: Robert J. Keach Bernstein Shur; Portland, Maine Con: Ford Elsaesser Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd.; Sandpoint, Idaho Consumer Judicial Debate Resolved:A chapter 13 plan can eliminate a wholly unsecured lien on a debtor’s principal residence even though the debtor was ineligible to receive a discharge of the indebtedness as a result of a prior chapter 7 case. Pro: Hon. Wendelin I. Lipp U.S. Bankruptcy Court (D. Md.); Greenbelt Con: Hon. Laurel Myerson Isicoff U.S. Bankruptcy Court (S.D. Fla.); Miami Chapter 11 Judicial Debate Resolved: The absolute priority rule applies in individual chapter 11 bankruptcy cases. Pro: Hon. Eugene R. Wedoff U.S. Bankruptcy Court (N.D. Ill.); Chicago Con: Hon. Bruce A. Markell U.S. Bankruptcy Court (D. Nev.); Las Vegas 10:00-10:15 a.m. Sponsored by Kurtzman Carson Consultants LLC 10:15-11:45 a.m. Concurrent Sessions What Do Clients Want from Their Professionals? In the highly competitive restructuring world, understanding what drives retention decisions and how to meet clients’ expectations are important. This panel of sophisticated consumers of legal and restructuring services will discuss the process they use to retain professionals and will provide insight on how to keep clients satisfied. Richard M. Pachulski, Moderator Pachulski Stang Ziehl & Jones LLP; Los Angeles Angela Blatteis Consultant; Los Angeles Deirdre A. Martini Wells Fargo Capital Finance, a Wells Fargo Company; New York Michael J. Lotz President and COO of Mesa Air Group; Phoenix Ronald M. Tucker Simon Property Group; Indianapolis TMA Panel: Effective Presentation of Financial Analysis Many, if not all, contested restructurings turn on the credibility and quality of financial analyses, whether that consists of evidence on valuation, feasibility analysis, interest rate testimony or damage calculations. This panel of seasoned financial advisors will discuss effective ways of presenting financial analysis in a concise, easily understood and effective manner that will increase your chances of prevailing. H. Slayton Dabney, Jr., Moderator Bradford L. Coulter O'Keefe & Associates; Bloomfield Hills, Mich. Thomas M. Kim Lisa M. Poulin CRG Partners Group LLC; Bethesda, Md. 12:00-2:00 p.m. Lunch with Guest Speaker Gretchen Morgenson Sponsored by Alix Partners LLP, Donlin Recano & Company, Inc., Freeborn & Peters LLP, Seabury Group and Wiley Rein LLP Gretchen Morgenson Business Editor and Columnist, The New York Times Author, "Reckless Endangerment"
2:15-3:45 p.m. Concurrent Sessions Chapter 11 Track Mock Chapter 11 Confirmation Hearing Two distinguished chapter 11 practitioners will argue before a three-judge panel for and against confirmation of a plan that includes controversial provisions, including third-party releases, class-skipping distributions, substantive consolidation of non-debtor entities and other highly contested issues. Thomas J. Salerno Lisa G. Beckerman Akin Gump Strauss Hauer & Feld LLP; New York Hon. Mary Grace Diehl U.S. Bankruptcy Court (N.D. Ga.); Atlanta Hon. Kevin R. Huennekens U.S. Bankruptcy Court (E.D. Va.); Richmond Hon. Steven W. Rhodes U.S. Bankruptcy Court (E.D. Mich.); Detroit Financial Advisor Track: Demystifying Financial Methodology in the Bankruptcy Case How assets get appraised in various situations in a bankruptcy case is a mystery to many professionals. This panel will discuss the methodologies used in appraising real property, going-concern businesses and other asset classes. The panel will also discuss other financial issues central to the plan-confirmation process, including use of financial testimony in the context of litigation over the § 1111(b) election and the proper application of Till. Melissa Kibler Knoll, Moderator Mesirow Financial Consulting, LLC; Chicago Hon. Beth A. Buchanan U.S. Bankruptcy Court (S.D. Ohio); Cincinnati Timothy G. Skillman Grant Thornton LLP; Los Angeles Sheila T. Smith Deloitte Financial Advisory Services LLP; Boston Consumer Track Consumer Ethics: Balancing Business and Practice, and the Multiple Roles of Consumer Debtor’s Counsel: Can You Simultaneously Be a Watchdog and Counselor and Run Your Law Practice? Consumer bankruptcy law is on the cutting edge of current bankruptcy practice. Keeping up with the fast-paced changes in the legal and business environments is challenging. The panel will explore balancing the BAPCPA-imposed watchdog role with the business and professional hurdles faced by today’s consumer debtors’ practitioners. Claire Ann Resop, Moderator von Briesen & Roper, SC; Madison, Wis. Hon. William H. Brown (ret.) Henry E. Hildebrand, III Lassiter, Tidwell, Davis, PLLC; Nashville, Tenn. Karen L. Kellett Armstrong Kellett Bartholow P.C.; Dallas Professional Development Track Evidentiary Privileges in Bankruptcy: Traps for the Unwary This panel will explore the unique application of a variety of evidentiary privileges in the bankruptcy context, including attorney/client, work product, joint-defense and spousal privileges. Bruce A. Harwood, Moderator Sheehan, Phinney, Bass + Green; Manchester, N.H. Hon. Barbara J. Houser U.S. Bankruptcy Court (N.D. Tex.); Dallas Dillon E. Jackson Philip J. Mohr Womble Carlyle Sandridge & Rice PLLC; Winston Salem, N.C. Lynnette R. Warman 3:45-4:15 p.m. Margarita Reception Sponsored by 4:15-5:45 p.m. Committee Educational Sessions Bankruptcy Litigation/Business Reorganization/Health Care Understanding D&O Issues in a Brave New World: Health Care, Nonprofit, For-Profit and a Bevy of Other Issues Charles A. DeMonaco Fox Rothschild LLP; Pittsburgh Warren J. Martin, Jr. Porzio, Bromberg & Newman, PC; Morristown, N.J. Todd C. Meyers Kilpatrick Townsend & Stockton LLP; Atlanta Samuel A. Nolen Richards, Layton & Finger, PA; Wilmington, Del. Claire H. Topp Dorsey & Whitney LLP; Minneapolis Bankruptcy Taxation/Consumer Real Estate Partnership Bankruptcies: Effects on Individual Partners—from Main Street to Wall Street Steven R. Schneider - Moderator Goulston & Storrs; Washington, D.C. Alan D. Lasko Alan D. Lasko & Associates PC; Chicago Robert D. Schachat Ernst & Young LLP; Washington, D.C. Commercial Fraud/Financial Advisors and Investment Banking Liquidating Trustees, Fraud and Computer Forensics: “Book ’em, Danno!” Marion Hecht CliftonLarsonAllen LLP; Arlington, Va. Ronald J. Hedges Ronald Hedges, LLC; Hackensack, N.J. Jeffrey S. Sabin Bingham McCutchen LLP; New York Hon. Shira A. Scheindlin U.S. District Court (S.D.N.Y.); New York 5:00-10:00 p.m. Optional Event: MLB Game: Washington Nationals vs. Miami Marlins (transportation provided) Baseball Game Luxury Suite Sponsored by East West Bank Transportation Sponsored by Whiteford Taylor & Preston LLP 6:00-7:00 p.m. Optional Event Women’s Roundtable and Networking Reception Sponsored by SSG Capital Advisors, LLC 6:00-9:30 p.m. Optional Event: The Capitol Steps Performance at the Ronald Reagan Center (Transportation provided) 7:30-8:00 a.m. Breakfast 8:00-9:30 a.m. Committee Educational Sessions Asset Sales/Ethics and Professional Compensation The Art and Obligations of the Deal: Obtaining the Most for Your Constituency While Meeting Ethical Demands and Duties of the § 363 Sale Process Hon. Robert D. Drain U.S. Bankruptcy Court (S.D.N.Y.); White Plains, N.Y. Nan R. Eitel Department of Justice, Exec. Office for U.S. Trustees; Washington, D.C. William R. Greendyke Fulbright & Jaworski LLP; Houston Prof. Jack F. Williams Georgia State University/Mesirow Financial Consulting, LLC; Atlanta International/Legislation Revisiting Too Big to Fail: U.S. and International Regulatory Responses, Including Broader Application to International Crises Alexandria S. Barrage Morrison & Foerster LLP; Washington, D.C. George B. Bazinas Bazinas Law Firm; Athens, Greece Timothy B. DeSieno Bingham McCutchen LLP; New York Steven T. Kargman Technology & Intellectual Poperty/Small Business Handling IP Asset Issues in the Distressed Small Business Beverly A. Berneman, Moderator Golan & Christie, LLP; Chicago Thomas L. Irving Finnegan, Henderson, Farabow, Garrett & Dunner, LLP David Peress Streambank, LLC; Needham, Mass. Victor A. Vilaplana Foley & Lardner LLP; San Diego 9:30-11:00 a.m. Concurrent Sessions Chapter 11 Track Is the Chapter 11 Industry Distressed? The ever-evolving economic landscape has led to dramatic changes in how and when chapter 11 is used to address failed businesses. This panel will discuss the trends in the use of chapter 11 to reorganize or sell troubled businesses and provide their insight into how restructuring professionals can expect to stay busy in the next economic cycle. Keith J. Shapiro, Moderator Greenberg Traurig, LLP; Chicago Daniel F. Dooley Michael J. Epstein Rebecca A. Roof Financial Advisors Track Who’s Afraid of Sovereign Debt? The global financial crisis has exposed Eurozone risks contained on government balance sheets, including significant proportions of foreign currency-linked and short-term debt. Governments have become guarantors and investors, taking on ownership interests outside traditional risk tolerance. No country is unaffected. The implications for economic growth and debt sustainability are profound. This panel will discuss the new methods of debt restructuring and how to manage public debt in crisis. Ian G. Williams, Moderator Jeffrey C. Carhart Alan J. Carr Strategic Value Partners, LLC; Greenwich, Conn. Jo Ann J. Brighton Dr. Annerose Tashiro Schultze & Braun GmbH; Achern, Germany Consumer Track Beyond HAMP and HARP: What's Next for Underwater Homeowners Federal foreclosure programs have over-promised and under-delivered, while the mortgage crisis continues under the weight of $10 trillion in debt. Will a comprehensive state settlement with the banks provide relief or are there solutions in the bankruptcy system? Prof. David G. Epstein University of Richmond Law School and ABI Scholar in Residence; Alexandria, Va. Richardo I. Kilpatrick, Moderator Kilpatrick & Associates, PC; Auburn Hills, Mich. David P. Leibowitz Hon. Cecelia G. Morris U.S. Bankruptcy Court (S.D.N.Y); Poughkeepsie Professional Development Track Navigating Ethical Responsibility in a Complex World This panel will explore the answers to a variety of sticky issues, including: Can a lawyer ethically serve more than one master, and who is that master? What issues are raised by representation of multiple debtors, closely held corporations and portfolio companies of an equity sponsor client? How do you deal with conflicted boards and conflicted insiders who do not have separate counsel, and how do you counsel clients that demand questionable strategies and tactics? How do you deal with a deadlocked board that effectively paralyzes the entity’s ability to make any decisions? James Patrick Shea, Moderator Shea & Carlyon, Ltd.; Las Vegas Prof. Nancy B. Rapoport William S. Boyd School of Law University of Nevada, Las Vegas; Las Vegas Bradley D. Sharp Development Specialists, Inc.; Los Angeles William P. Weintraub Friedman Kaplan Seiler & Adelman LLP; New York
11:00-11:15 a.m. Coffee Break Sponsored by Alvarez & Marsal 11:15 a.m.-12:30 p.m. Concurrent Sessions Chapter 11 Track Bankruptcy Court Jurisdiction and Beyond: Stern v. Marshall and Other Sticky Jurisdiction Issues This panel will address the practical effects of Stern v. Marshall on the bankruptcy process in the months since the ruling, as well as other jurisdictional issues such as the limits of post-confirmation jurisdiction, remand, abstention and removal. Paul Steven Singerman, Moderator Ronit Berkovich Weil, Gotshal & Manges LLP; New York Jeff J. Marwil Hon. Christopher S. Sontchi U.S. Bankruptcy Court (D. Del.); Wilmington Financial Advisor Track Preparing a Company for Sale: Practical Insight into How to Sell a Distressed Company The chapter 11 process has increasingly become a mergers-and-acquisitions process. Effectively preparing a company for sale and implementing a robust sale process takes time and expertise, and is extremely challenging especially when the company is distressed. This panel of investment bankers will share their practical thoughts on how to derive value from the M&A process. Josef S. Athanas, Moderator Lorie R. Beers J. Scott Victor SSG Capital Advisors, LLC; West Conshohocken, Pa. Robert H. Warshauer Imperial Capital, LLC; New York Consumer Track Section 524(i) and Beyond: The Use of Non-Standard Chapter 13 Plan Terms Section 524(i) provides that the failure of a creditor to credit payments received under a plan in the manner required by the plan shall constitute a violation of the discharge injunction. This panel will explore plan provisions in this regard and in other areas such as claims disallowance and what the courts allow and disallow in the chapter 13 context. Rudy J. Cerone, Moderator McGlinchey Stafford, PLLC; New Orleans Alane A. Becket Becket & Lee, LLP; Malvern, Pa. Hon. C. Ray Mullins U.S. Bankruptcy Court (N.D. Ga.); Atlanta John Rao National Consumer Law Center; Boston Professional Development Track Expert testimony can make or break a bankruptcy case This panel will conduct a mock demonstration of direct and cross-examination of an appraiser. Patricia A. Redmond, Moderator Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami Mark M. Maloney Hon. Barry Russell U.S. Bankruptcy Court (C.D. Cal.); Los Angeles John Tittle, Jr. Tittle Advisory Group, Inc.; New York 12:30-2:00 p.m. 30th Anniversary Luncheon: BK 360 A panel of ABI past presidents discuss a range of current topics moderated by William J. Rochelle, Editor-at-Large Bloomberg News; New York Reginald W. Jackson Vorys, Sater, Seymore & Pease LLP; Columbus, Ohio John D. Penn Haynes and Boone, LLP; Fort Worth, Tex. Bettina M. Whyte Deborah D. Williamson Cox Smith Matthews Incorporated; San Antonio 2:15-3:45 p.m. Concurrent Sessions Chapter 11 Track Tee Up the Lawsuits! What’s Left for Unsecured Creditors after the Sale? These days, it’s not uncommon to hear, “It’s a sale case,” and frequently the debtor’s operating assets are sold for less than the secured debt. Estate claims, which typically are not encumbered, often provide the only meaningful source of any recovery for unsecured creditors. This panel explores theories of recovery against insiders, auditors and others as well as important potential limitations on recoveries such as the in pari delicto doctrine and the insured vs. insured exception in D&O insurance policies. Scott F. Gautier, Moderator Peitzman, Weg & Kempinsky LLP; Century City, Calif. Hon. Nancy V. Alquist U.S. Bankruptcy Court (D. Md.); Baltimore James S. Carr Kelley Drye & Warren LLP; New York Catherine L. Steege
Consumer Track Who Should Police the Mortgage Servicers? Should this be up to the states, the new CFPB, or debtor class actions? The Executive Office for the U.S. Trustees has made it clear that it intends to police the mortgage service industry by, for example, using the Rule 2004 process. This panel will explore these approaches. Lawrence R. Ahern, III; Moderator Burr & Forman LLP; Nashville, Tenn. Thomas M. Hefferon Goodwin Procter LLP; Washington, D.C. Hon. Elizabeth S. Stong U.S. Bankruptcy Court, (E.D. NY); Brooklyn Clifford J. White, III Executive Office for U.S. Trustees; Washington, D.C. Professional Development Track Dos and Don’ts of Effective Oral and Written Advocacy This panel of judges will provide guidance on what works—and what doesn’t—in written briefs and oral argument. James T. Markus, Moderator Markus Williams Young & Zimmerman, LLC; Denver Hon. Jeffery P. Hopkins U.S. Bankruptcy Court (S.D. Ohio); Cincinnati Hon. Pamela Pepper U.S. Bankruptcy Court, (E.D. Wis.); Milwaukee Hon. Gregg W. Zive U.S. Bankruptcy Court (D. Nev.); Reno 3:45-4:15 p.m. Wine & Cheese Reception Sponsored by Grant Thornton LLP 4:15-5:45 p.m. Committee Educational Sessions Labor and Employment/Unsecured Trade Creditors Intercreditor Conflicts Which Arise Among Unsecured Creditors and the Difficulty that Can Arise in Such Multiple Debtor Cases with the Allocation of the Costs of the Chapter 11 Cases Among the Various Estates Sam J. Alberts Charles Finke Pension Benefit Guaranty Corporation; Washington, D.C. Hon. Judith K. Fitzgerald U.S. Bankruptcy Court (W.D.Pa.); Pittsburgh Dan Winikka Real Estate/Secured Credit/Young & New Members Commercial Real Estate Trends, Workouts, and Reorganizations Lenard M. Parkins - Moderator Haynes and Boone, LLP; New York James S. Feltman Mesirow Financial Consulting, LLC; Miami Robert Radasevich Neal, Gerber & Eisenberg, LLP; Chicago Troy Taylor 7:00-10:00 p.m. Final Night Gala Dinner with Corporate Comedian Mark Robinson Final Night Dinner Sponsored by Development Specialists, Inc., Mesirow Financial Consulting, LLC and NHB Advisors Final Night Entertainment Sponsored by 10:00-11:00 p.m. Endowment Dessert Reception (invitation only) Sponsored by Markowitz Ringel Trusty + Hartog., Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA
8:30-9:00 a.m. Breakfast Sponsored by MorrisAnderson 9:00-10:00 a.m. Breakfast Session Circuit Splits and Supreme Court Preview The judges will discuss issues that divide the circuits including the right to credit bid, now before the Supreme Court in RadLAX Gateway Hotel. John W. Ames, Moderator Greenebaum Doll & McDonald PLLC; Louisville, Ky. Hon. Kevin J. Carey U.S. Bankruptcy Court (D. Del.); Wilmington Hon. Dennis R. Dow U.S. Bankruptcy Court (W.D. Mo.); Kansas City Hon. Margaret M. Mann U.S. Bankruptcy Court (S.D. Cal.); San Diego Hon. Robert E. Gerber U.S. Bankruptcy Court (S.D.N.Y.); New York 10:00-10:15 a.m. Break 10:15-11:45 a.m. 21st Century Ethics Judith Greenstone Miller, Moderator Jaffe, Raitt, Heuer & Weiss, PC; Southfield, Mich. C. R. “Chip” Bowles, Jr Greenebaum Doll & McDonald PLLC; Louisville, Ky. Rob Charles Lewis and Roca LLP; Tucson, Ariz. Prof. Lois R. Lupica University of Maine School of Law; Portland, Maine Richard M. Meth Fox Rothschild LLP; Roseland, N.J. Michael P. Richman 11:45 a.m. Adjourn
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