ABI

Thursday, February 6

6:00-8:00 p.m.

Opening Reception

Sponsored by C. Conde & Associates and Charles A. Cuprill Law Offices PSC

Friday, February 7

7:00-7:40 a.m.

Registration and Continental Breakfast

Sponsored by Brown Rudnick LLP

7:40-7:45 a.m.

Welcome and Opening Remarks

Christopher A. Jarvinen, Conference Chair

Berger Singerman, LLP; Miami

Hon. Brian K. Tester

U.S. Bankruptcy Court (D. P.R.); San Juan

7:45-8:45 a.m.

Ethics: The New World Order — A Comparison of Ethical Issues with Respect to Retention and Compensation of Restructuring Professionals in the U.S./Caribbean

In 2013, ABI issued its Final Report of the ABI National Ethics Task Force, and the Executive Office for U.S. Trustees set forth new guidelines for reviewing applications for compensation and reimbursement of expenses filed under § 330 of the Bankruptcy Code for attorneys in larger chapter 11 cases. In addition, the Cayman Islands and the Bahamas have experienced developments with respect to retention and compensation of attorneys. This panel will discuss the ethical implications of these developments.

Hon. Pamela Pepper, Moderator

U.S. Bankruptcy Court (E.D. Wis.); Milwaukee

John K.F. Delaney QC

Delaney Partners; Nassau, Bahamas

Mariaelena Gayo-Guitian

Genovese Joblove & Battista, PA; Fort Lauderdale, Fla.

J. Ross McDonough

Campbells; Grand Cayman, Cayman Islands

William T. Reid

Reid Collins & Tsai LLP; New York

8:45-10:00 a.m.

Concurrent Sessions

Business Track

Treasure, or Fool’s Gold? Secured Transactions in the Caribbean and Revised Article 9

Cross-border financings almost always lie at the heart of cross-border insolvency cases, and holding an enforceable lien usually spells the difference between recovery and loss in such cases. This panel will focus on creating, perfecting and enforcing liens on assets held by Caribbean borrowers, as well as on the 2010 amendments to Article 9 of the U.S. Uniform Commercial Code that became effective in July. Topics will include UNCITRAL’s legislative guide on secured transactions, the Organization of American States’ Model Inter-American Law on Secured Transactions, competing forums for resolving disputes over liens on Caribbean assets, Article 9’s choice-of-law rules, and financing concepts peculiar to common law countries in the Caribbean (e.g., the distinction between fixed and floating charges and crystallization).

Francis C. Morrissey, Moderator

Morrissey, Wilson & Zafiropoulos, LLP; Boston

Sam Billard

Aird & Berlis LLP; Toronto

Carmen D. Conde

C. Conde & Associates; San Juan

Hon. Enrique S. Lamoutte

U.S. Bankruptcy Court (D. P.R.); San Juan

Edwin E. Smith

Bingham McCutchen LLP; Boston

Consumer Track

Proposed National Chapter 13 Plan, Proof-of-Claim Issues and FRBP 3002.1

This panel will discuss the source and purpose of the National Chapter 13 Plan Form, explain the concerns surrounding the U.S. Supreme Court case of Espinosa, discuss the Bankruptcy Rules that will accompany the National Form, discuss and explain the National Form’s parts and the provisions contained therein, and cover what the practitioner must consider when the National Form becomes mandatory. The panel will also discuss relevant issues related to properly preparing and filing well-supported proofs of claims, including issues related to transferred and purchased claims. Finally, the panel will address the fairly new Rule 3002.1, which is related to claims secured by a security interest in the debtor's principal residence, including the details and responsibilities that accompany all of that rule's subparts.

Jose R. Carrion, Moderator

Chapter 12&13 Trustee; San Juan

Rebecca Caquias Mejias

Fiddler, Gonzalez & Rodriguez, PSC; San Juan

Juan Suarez Cobo

Legal Partners, PSC; San Juan

Luis C. Marini

O’Neill & Borges, LLC; San Juan

10:00-10:15 a.m.

Refreshment Break

Sponsored by Kozyak Tropin & Throckmorton, PA

10:15-11:30 a.m.

Concurrent Sessions

Business Track

Chapter 15 Update

In addition to discussing the latest developments and cases under U.S. chapter 15, this panel will also focus on recent decisions dealing with the issues of the “center of main interest” (Fairfield Sentry), individual chapter 15 cases (Kemsley), intellectual property (think3, Inc.) and asset sales (Elpida Memory).

Hon. Robert A. Mark, Moderator

U.S. Bankruptcy Court (S.D. Fla.); Miami

Leyza F. Blanco

GrayRobinson PA; Miami

Prof. Andrew (Drew) B. Dawson

University of Miami School of Law; Miami

Hon. Allan L. Gropper

U.S. Bankruptcy Court (S.D.N.Y.); New York

David J. Molton

Brown Rudnick LLP; New York

Consumer Track

Domestic-Support Obligations; Applications to Retain Professionals and for Reimbursement of Fees

Years after the creation of the concept of domestic-support obligations, the panel will discuss how bankruptcy courts have interpreted this concept and how “alimony, maintenance and support” is a key element in BAPCPA cases. The presentation will also highlight the complex relationship between bankruptcy and domestic-relations law, and whether bankruptcy courts are bound by state courts’ determinations when issues of claim classification are raised. This panel will also discuss the criteria for the approval of applications for employment and reimbursement of fees, the role of the different trustees in those processes, the independent role of the bankruptcy judges and the consequences of not filing a timely application. Consideration will be given to the perspectives of debtor’s attorneys, special counsel, other professionals and secured creditors’ attorneys.

Alejandro Oliveras, Moderator

Standing Chapter 13 Trustee; San Juan

Wigberto Lugo

Lugo Mender & Co.; San Juan

Osmarie Navarro

Office of the Standing Chapter 13 Trustee; San Juan

Madeline Soto Pacheco

Lube & Soto Law Offices PSC; San Juan

11:30-11:45 a.m.

Refreshment Break

Sponsored by McConnell Valdés LLC

11:45 a.m.-1:00 p.m.

Concurrent Sessions

Business Track (2)

Anything but Absolute:
The Evolution of the Absolute Priority Rule in Individual and Corporate Cases

This panel will explore recent developments with respect to the absolute priority rule using a fact pattern/role-playing approach focused on the “Old San Juan”, a mythical family-owned hotel in Puerto Rico.

Elizabeth A. Green, Moderator

BakerHostetler; Orlando, Fla.

C. Daniel Motsinger

Krieg DeVault LLP; Indianapolis

Harley E. Riedel

Stichter, Riedel, Blain & Prosser, PA; Tampa, Fla.

Frank P. Terzo

GrayRobinson, PA; Miami

The Outer Limits (of U.S. Bankruptcy Court Jurisdiction)

This panel will explore the ethical considerations and best practices available to attorneys and financial advisors to financially distressed businesses looking to eschew their home court in favor of a U.S. court and the chapter 11 remedy. On the flip side, this panel will also explore the ethical considerations and best practices available to attorneys and financial advisors to creditor constituencies who are trying to keep a case at home and as far away as possible from a U.S. court administering chapter 11. In our age of globalization, where a case is administered can make all the difference; consequently, forum-shopping is often a major consideration for advisors. Advisors to financially distressed companies must ask themselves which practices are ethically appropriate and which are not, as well as which practices “work” to create U.S. jurisdiction and which are not as effective. Conversely, advisors to creditor constituencies must ask themselves what practices are ethically appropriate and most effective to keep a case at home and away from chapter 11.

Ira L. Herman, Moderator

Thompson & Knight LLP; New York

Hon. Robert D. Drain

U.S. Bankruptcy Court (S.D.N.Y.); White Plains

Brian J. Fox

AlixPartners LLP; New York

Laura Hatfield

Solomon Harris; George Town, Grand Cayman, Cayman Islands

Paul J. Ricotta

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; Boston

Consumer Track

Discovery and Evidence Issues; Post-Judgment Motions; Appeals and Motions to Stay Pending Appeal; New Local Bankruptcy Rules and Updates

This panel will discuss practice tips during the pre-trial discovery period, as well as during the trial itself, related to the handling of evidence and objections thereto; discuss the proper use of post-judgment motions related to reconsideration and requests to amend findings of fact and conclusions of law; explain the appeals process, including motions for stay pending appeal; and explain certain important local rules, as well as updates that have occurred and those that will be coming.

Antonio A. Arias-Larcada, Moderator

McConnell Valdés LLC; Hato Rey, PR

Hon. Mildred Caban

U.S. Bankruptcy Court (D. P.R.); San Juan

Hon. Edward A. Godoy

U.S. Bankruptcy Court (D. P.R.); Ponce

Hon. Enrique S. Lamoutte

U.S. Bankruptcy Court (D. P.R.); San Juan

Hon. Brian K. Tester

U.S. Bankruptcy Court (D. P.R.); San Juan

1:00-2:15 p.m.

Networking Luncheon

Sponsored by O’Neill & Borges

2:15-3:30 p.m.

Consumer Track

Chapter 13: Updates and Developments — Part 1

Everything that’s hot and not in chapter 13 practice, including mortgage-stripping, proof-of-claim wars, Kagenveama bites the dust, early pay-offs, modification anarchy and more.

Henry E. Hildebrand

Chapter 13 Trustee; Nashville, Tenn.

Hon. Keith Lundin

U.S. Bankruptcy Court (M.D. Tenn.); Nashville

3:30-3:45 p.m.

Refreshment Break

Sponsored by KRyS Global

3:45-5:00 p.m.

Consumer Track

Chapter 13: Updates and Developments — Part 2

Henry E. Hildebrand

Chapter 13 Trustee; Nashville, Tenn.

Hon. Keith Lundin

U.S. Bankruptcy Court (M.D. Tenn.); Nashville

5:00-6:30 p.m.

Networking Reception

Sponsored by PRBBA and Fiddler, Gonazalez & Rodriguez

Saturday, February 8

8:00-9:15 a.m.

Breakfast with the Judges

Patricia A. Redmond, Moderator

Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami

Hon. Mildred Caban

U.S. Bankruptcy Court (D. P.R.); San Juan

Hon. Robert D. Drain

U.S. Bankruptcy Court (S.D.N.Y.); White Plains

Hon. Allan L. Gropper

U.S. Bankruptcy Court (S.D.N.Y.); New York

Hon. Laurel M. Isicoff

U.S. Bankruptcy Court (S.D. Fla.); Miami

Hon. Enrique S. Lamoutte

U.S. Bankruptcy Court (D. P.R.); San Juan

Hon. Robert A. Mark

U.S. Bankruptcy Court (S.D. Fla.); Miami

Hon. Pamela Pepper

U.S. Bankruptcy Court (E.D. Wis.); Milwaukee

Hon. Steven W. Rhodes

U.S. Bankruptcy Court (E.D. Mich.); Detroit

Hon. Brian K. Tester

U.S. Bankruptcy Court (D. P.R.); San Juan

9:15-10:30 a.m.

Distribution Issues and Other Tensions in Ponzi Scheme Cases

This panel is devoted to four interrelated topics in Ponzi scheme cases, including (1) distribution methodology issues; (2) criminal vs. civil forfeiture; (3) the tension between U.S. and non-U.S. distribution schemes; and (4) additional issues, including collateral source recovery and the ability to assert personal jurisdiction over extraterritorial plaintiffs to enjoin proceedings that, if brought in the U.S., would violate the automatic stay.

Hon. Laurel M. Isicoff, Moderator

U.S. Bankruptcy Court (S.D. Fla.); Miami

Gregory S. Grossman

Astigarraga Davis Mullins & Grossman, PA; Miami

William Hare

Forbes Hare; Tortola, BVI

Soneet R. Kapila

Kapila & Company; Fort Lauderdale, Fla.

Hon. Steven W. Rhodes

U.S. Bankruptcy Court (E.D. Mich.); Detroit

10:30-10:45 a.m.

Refreshment Break

Sponsored by GrayRobinson, PA

10:45 a.m.-12:00 noon

Feasibility: Bankruptcy Lawyers Are Litigation, Too.

This panel will discuss how to examine and cross-examine an expert witness and respond to judges. Through a fact pattern/role-playing approach, the panel will cover issues related to valuation and plan confirmation.

Mark J. Wolfson, Moderator

Foley & Lardner LLP; Tampa, Fla.

Scott M. Bouchner

Berkowitz Pollack Brant Advisors and Accountants; Miami

Hon. Mildred Caban

U.S. Bankruptcy Court (D. P.R.); San Juan

Linda Leali

Linda Leali PA; Ft. Lauderdale, Fla.

James C. Tecce

Quinn Emanuel Urquhart & Sullivan LLP; New York

12:00 noon

Adjourn

 

           

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Please fill out and bring the registration form with you along with payment.

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