Home Meetings & EventsPast ABI Conferences2006Annual Spring Meeting Committee Agendas

Committee Educational Program Descriptions ASM 2006

Asset Sales/Finance and Banking Committee

The Asset Sales Committee and the Finance and Banking Committee present a non-traditional program on a non-traditional topic – “Non-Traditional Lenders and Loans to Acquisitions in Today’s Changing World of Finance.” The two committees have come together to provide a look inside at alternative financing vehicles and lending structures; and using lenders for work outs, recapitalization, reorganization, etc. In the spirit of both education and openness to other profile groups, the committees plan to have one or two partners from leading hedge funds and non-traditional equity and debt providers on the panel. These outside speakers will join with one committee member to tackle these complex topics via case studies and personal commentary.

An unusual feature of the program will be the active involvement of the audience. We will ask attendees at the beginning of the session to present a one phrase topic or issue in writing to the moderators who will, in turn, pass them out to members of the panel. The moderators will use the audience suggestions to work unexpected questions and case studies into the program.

Business Reorganization, Public Companies & Claims Trading, and Financial Advisors

This joint panel discussion will focus on information dissemination and control immediately after a filing. Topics to be discussed include: Who's in control and how do you know? Who gets the information and what are they going to do with it? How do you keep control if claims are sold?

Commercial Fraud and ADR

These committees will jointly present “How to Detect Bankruptcy Fraud”

Consumer Bankruptcy

Initial BAPCPA Decisions: Temporary or Timeless? -- A Case Update with Emphasis on Emerging Themes of Statutory Interpretation.

The program for the meeting of the Consumer Committee at ABI's Annual Spring Meeting will include a review of decisions being rendered by the courts under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The presentation is designed to be both a case update on decisions on consumer-related issues and an analysis of the principles of statutory construction and interpretation emerging from those decisions. Thus, the panel will highlight both the substantive outcomes and the approaches being used by the courts in interpreting the sometimes unfamiliar and difficult language contained in some provisions of the Act. The panel will include the Honorable Bruce Markell, United States Bankruptcy Judge for the District of Nevada and Senior Fellow in Bankruptcy and Commercial Law at the William S. Boyd School of Law, University of Nevada Las Vegas, David L. Rosendorf, shareholder at Kozyak, Tropin & Throckmorton in Miami, Florida, who maintains the ABI BAPCPA blog, and additional panelists to be named later.

Health Care and Court Administration

These committees will conduct a joint committee meeting centered around the new patient care ombudsman program and its administration by the courts and the US Trustee's offices. “The First 100 Days - Who Knows What? Controlling Sensitive Patient Information After BAPCPA.”

International, Litigation and the Young and New Members Committee

These committees will join forces to present a fun cutting edge program entitled Dueling International Courtrooms. The program will showcase Hon. Barry Russell and Justice Farley of Canada battling over a recognition of a foreign proceeding and determination of a debtor's center of main interest under Chapter 15 and Canada's BIA.

Law School/Law Review Committee.

1. The committee will discuss how to involve more academics in the ABI, including setting an outreach agenda for that purpose;
2. Appraisal of the 14^th Duberstein Competition and plans for the future
3. Announcement of the planned content of subsequent issues of the ABI Law Review and writing opportunities that may be available;
4. A report on new initiatives in the L.L.M. in Bankruptcy Program by Ray Warner;
5. A report on the ABI Resident Scholar program from Chris Graham.

Mass Torts

A panel of experts will be assembled to discuss your client's strategies, opportunities and challenges due to recent Mass Tort decisions and developments. As always, the opportunity for interactive discussion will take place to advance the debate in this important area.

Professional Compensation, Ethics and Investment Banking

“The Three Deadly D's -- Disclosure, Disinterestedness & Disgorgement: How To Get What You Earned and Keep What You Got!”

The “world of compensation” has radically changed for bankruptcy professionals in the last year. From the EToys decision we've learned that new, and even greater, care must be taken by court-appointed professionals (and officers of the Debtor) in making the required disclosure of “connections” under Bankruptcy Rule 2014. As a result of BAPCPA, investment bankers (and their counsel) must now determine how they can pass the “disinterestedness” test in order to qualify for retention. Finally, in light of decisions such as In re Commercial Financial Services, Inc. and numerous recent amendments to the Bankruptcy Code which increase the likelihood of administratively insolvent estates, the Specker (Specker Motor Sales v. Eisen, that is) of disgorgement of already-paid professional fees has raised its ugly head. In this joint presentation by the Ethics, Investment Banking and Professional Compensation Committees, a distinguished panel will examine and provide useful guidance as to these and other issues of concern for attorneys, investment bankers and others.

Real Estate

The committee will present a panel discussion entitled, "Managing and Marketing Weird Real Estate" and will deal with property having special conditions, such as title defects, environmental contaminaiton or squatters, that present marketing issues and legal challenges. Guest speakers will include Alex Moglia of Alex Moglia and Associates in Chicago, Steve Karbelk of Tranzon Fox, in Burke, Virginia.

Technology and Telecommunications Committee

Originally this committee was formed to assist professionals in understanding the dynamics of the flood of telecom and technology bankruptcies that dominated 2000/2002. The committee will now focus more on educating professionals on the use of technology in their practice areas. Technology is becoming a major selling point in managing cases and assisting clients. The topic for the April meeting will be electronic data rooms.

Unsecured Trade Creditors Committee/Unifrom Commercial Code

Unifrom Commercial Code Committee is combining with the Unsecured Trade Creditors Committee at the Spring Meeting. The program has been described as "Cutting Edge Bankruptcy Issues that Impact Trade Creditors in Automotive Cases".