ABI

Northeast Bankruptcy Conference

Thursday   |   Friday   |   Saturday   |   Sunday

Thursday, July 12

9:00 a.m.-5:00 p.m.

ABC Exams

2:00 p.m.

ABI Registration Desk and Exhibit Hall Open

5:00-6:00 p.m.

New Member/Ambassador Reception

Sponsored by Nutter McClennen & Fish, LLP

6:00-8:00 p.m.

Opening Reception

Sponsored by AlixPartners LLP, Edwards Wildman Palmer LLP, Epiq Systems, Inc. Greenberg Traurig, LLP, Nixon Peabody LLP and Seabury Group LLC

Friday, July 13

7:30 a.m.

Registration Desk Opens

7:30-8:30 a.m.

Breakfast

Sponsored by Crystal Financial, Murtha Cullina LLP and Summit Investment Management LLC

8:30-10:00 a.m.

Concurrent Sessions

The Onslaught Continues: This Year’s Commercial Fraud Cases You Need to Know About

The past year brought us a fresh barrage of decisions in commercial fraud cases. This panel will review the most significant ones, addressing the many types of claims filed against the perpetrators as well as against professionals, financial institutions and other third parties. The panel will also address the most important defenses asserted against those claims, including good faith, standing and in pari delicto.

Lee Harrington, Moderator

Nixon Peabody LLP; Boston

Prof. Ingrid Michelsen Hillinger

Boston College Law School; Newton, Mass.

Timothy William Mungovan

Proskauer Rose LLP; Boston

Kathy Bazoian Phelps

Danning, Gill, Diamond & Kollitz, LLP; Los Angeles

Hon. Steven W. Rhodes

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

Environmental Problems in Bankruptcy

Contemporary bankruptcy cases increasingly rely upon asset sales, liquidating plans and abandonment when sorting out assets. Often commercial debtors—in such areas as manufacturing, petroleum retail and distribution, dry-cleaning retail, and real estate development—face significant liabilities for disposal of hazardous and solid wastes, soil and groundwater contamination and violations regarding wetlands and other land use laws. Individual debtors potentially face a lifetime of responsibility. The program will present experienced EPA and State professionals as well as environmental consultants and private bar speakers to discuss issues such as:

  • the stay, the exception and compliance issues; permits – administrative expenses
  • sale orders free and clear – EPA’s regulatory carve out
  • abandonment – Midlantic – 28 years later
  • discharge – clean up orders, penalties
  • successor liability
  • William R. Moorman, Jr , Moderator

    Craig and Macauley PC; Boston

    Hon. Robert E. Gerber

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

    Gregor McGregor

    McGregor & Associates; Boston

    Peter C.L. Roth

    New Hampshire Department of Justice; Concord

    Stern v. Marshall: One Year Later

    In June 2011, the Supreme Court issued its watershed decision in Stern v. Marshall, restricting the scope of bankruptcy court jurisdiction under Article III of the Constitution. Stern has confounded judges, litigants and commentators alike. Although characterized by the Supreme Court as a “narrow” decision, Stern is proving to have widespread implications, the full extent of which remain to be seen as cases work their way through the bankruptcy, district and appellate courts. This panel will survey the contexts in which Stern has posed issues, the decisions construing and applying Stern in the year since it was decided, and the possible legislative responses to the decision.

    Robert J. Keach, Moderator

    Bernstein Shur, Portland, Maine

    Hon. William C. Hillman

    U.S. Bankruptcy Court (D. Mass.); Boston

    Richard E. Mikels

    Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC; Boston

    Adam J. Ruttenberg

    Looney & Grossman LLP; Boston

    Andrew Z. Schwartz

    Foley Hoag LLP; Boston

    Ethics and the Limits of Zealous Advocacy

    One standard by which lawyers are judged is the “duty of zealous advocacy,” a phrase familiar to all lawyers. But that standard may be difficult to define and judged most often by its breach. This panel will discuss the evolution and current trends in that standard, from the national shift in its emphasis under ABA Model Rule 1.3, to the adoption of local rules aimed specifically at delineating the boundary between zeal and inappropriateness. Is there a truly national standard? If so, to what extent does or should it take into account local practice and culture?

    Bruce A. Harwood, Moderator

    Sheehan, Phinney, Bass + Green; Manchester, N.H.

    Timothy J. Dacey

    Goulston & Storrs, PC; Boston

    William K. Harrington

    Office of the U.S. Trustee; Boston

    Hon. Enrique S. Lamoutte

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

    Patricia A. Redmond

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

    Do “Out-of-the-Money” Creditors Have Standing?

    There are many chapter 11’s filed primarily to sell the collateral for undersecured creditors—meaning that there isn’t any value generated for unsecured creditors or equity. This panel will explore the various issues that result such as basic standing and the appropriateness of forming and maintaining a creditors committee and an equity committee. The panel will also discuss the various arguments put forth to justify a carveout or “gift” for unsecured creditors and the often used “pay-to-play” rule occasionally asserted by out-of-the-money creditor groups. It will also examine ways to identify unencumbered assets early in the case and the possible benefits of keeping them free from post-petition liens granted to DIP Lenders. Lastly, the panel will discuss ways to maximize the Chapter 5 claims and the use of liquidating assets.

    Steven D. Pohl, Moderator

    Brown Rudnick LLP; Boston

    Deryck A. Palmer

    Pillsbury Winthrop Shaw Pittman LLP; New York

    John D. Sigel

    Wilmer Cutler Pickering Hale and Dorr LLP; Boston

    Hon. Brian K. Tester

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

    Lynnette R. Warman

    Hunton & Williams LLP; Dallas

    10:00-10:30 a.m.

    Coffee Break

    Sponsored by Bernstein Shur and Getzler Henrich & Associates LLC

    10:30-Noon

    Concurrent Sessions

    Issues Affecting Private-Equity Firms

    This panel will discuss issues facing private equity firms with a financially distressed portfolio company. Topics may include, among others, extension of “single employer” liability under the WARN act; impact of Philadelphia Newspapers in proposing an insider plan; use of Section 546(e) defense in divided recaps; and exposure related to under-funded pension plans.

    D. Ross Martin, Moderator

    Ropes & Gray LLP; Boston

    John R. Buck

    Versa Capital Management, LLC.; Philadelphia

    Marjorie Kaufman

    Getzler Henrich & Associates LLC; Boston

    Benjamin Procter

    The Watermill Group; Lexington, Mass.

    Michael J. Salgat

    Candlewood Partners, LLC; New York

    Ross Sealfon

    LongRoad Asset Management, LLC; Stamford, Conn.

    Sharing a Piece of the Pie: Gift Plans, Structured Dismissals and Carve-Outs

    Often bankruptcy is the best way for under-secured creditors to optimize collateral recoveries. But the price for bankruptcy relief is that secured creditors must share their recoveries with out-of-the money constituencies. This panel will explore such sharing arrangements in a variety of contexts–carve outs, gift plans and structured dismissals.

    Roger A. Clement, Moderator

    Verrill Dana LLP; Portland, Maine

    Janet E. Bostwick

    Janet E. Bostwick, PC; Boston

    Hon. Mildred Caban

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

    Pamela Smith Holleman

    Sullivan & Worcester LLP; Boston

    Norman L. Pernick

    Cole, Schotz, Meisel, Forman & Leonard, PA; Wilmington, Del.

    Is There a Better Way? Alternatives to Bankruptcy Liquidations and Reorganizations

    Frequently, bankruptcy is not the right choice for a distressed business. This panel will review state-law alternatives to bankruptcy-assignments, receivership, compositions, trust mortgages and UCC Article sales.

    Charles R. Dougherty, Moderator

    BR Strategies LLC; Boston

    James C. Ebbert

    Aurora Management Partners, Inc.; Rockland, Maine

    Charles L. Glerum

    Edwards Wildman Palmer LLP; Boston

    Hon. Joel B. Rosenthal (Ret.)

    U.S. Bankruptcy Court (E.D. Mass.); Natick

    Hon. Michael A. Silverstein

    Rhode Island Superior Court, Providence

    The Reaches of the Indubitable Equivalence Test

    This panel will explore the outer boundaries of the indubitable equivalence test (11 USC 1129) when a debtor seeks confirmation of a reorganization plan over the objection of a secured creditor. How does this test really differ from the alternative income stream and sales tests codified in the Code? To what extent does it cover negative amortization, substituted collateral, mandatory partial releases, or “dirt for debt” plans? And does it allow a debtor to sell collateral in a plan free and clear of liens when the lender is barred from credit bidding on the assets being sold, a circuit-splitting issue now before the Supreme Court in RadLAXGetway Hotel, LLC v. Amalgamated Bank (No. 11-166).

    Guy Moss, Moderator

    Riemer & Braunstein LLP, Boston

    Lisa G. Beckerman

    Akin Gump Strauss Hauer & Feld LLP; New York

    Hon. James B. Haines

    U.S. Bankruptcy Court (D. Maine); Portland

    Benjamin E. Marcus

    Drummond Woodsum, Portland, Maine

    Michael J. Pappone

    Goodwin Procter LLP; Boston

    Litigating the Cramdown Rate

    “Cram down” requires full payment of secured classes. This, in turn, requires a present value analysis of the dividends secured creditors will receive under the plan. This panel will review what debtors and secured creditors need to show to establish a cramdown rate and the nuts-and-bolts evidentiary issues joined by cramdown litigation.

    John J. Monaghan, Moderator

    Holland & Knight LLP; Boston

    John Christian Elstad

    Murphy & King, PC; Boston

    Jay Steve Geller

    Law Office of Jay S. Geller; Portland, Maine

    Hon. Elizabeth S. Stong

    U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn

    John Tittle

    Tittle Advisory Group, Inc.; New York

    Recent Changes in Chapter 13 Practice

    What post-BAPCPA issues continue to challenge chapter 13 practitioners, and what challenges lie ahead for debtors, creditors and trustees? This panel will discuss the most recent changes affecting chapter 13 practice: the claims process and Bankruptcy Rule 3002.1, as well as the national settlements involving the largest players in the home mortgage industry.

    William J. McLeod, Moderator

    U.S. Bankruptcy Court (D. Mass.); Boston

    Patricia Antonelli

    Partridge, Snow & Hahn, LLP; Providence

    William K. Harrington

    Office of the U.S. Trustee; Boston

    Hon. Louis H. Kornreich

    U.S. Bankruptcy Court (D. Maine); Bangor

    Nina M. Parker

    Parker & Associates; Winchester, Mass.


    Optional Events

    10:00 am

    Morning Horseback Riding

    1:00 p.m.

    Golf Tournament

    Sponsored by BlumShapiro, Finn Dixon & Herling LLP, Neubert, Pepe & Monteith, PC, Reid and Riege, PC, Updike, Kelly & Spellacy, PC and Zeisler & Zeisler, PC

    1:00 p.m.

    Tennis Tournament

    Sponsored by Mesirow Financial Consulting, LLC, Parker & Associates and Raftery Law Offices

    1:00 p.m.

    Afternoon Horseback Riding

    1:00 p.m.

    Tour de ABI

    Sponsored by Sheehan, Phinney, Bass + Green

    1:00 p.m.

    Hiking with a Guide

    Sponsored by Hinckley, Allen & Snyder LLP and Pepper Hamilton LLP

    9:00 p.m.

    Bonfire with S’mores

    Sponsored by Mirick, O'Connell, DeMallie & Lougee, LLP

    7:00-9:30 p.m.

    Friday Dinner


    Friday Night Entertainment

    Sponsored by Duane Morris LLP; K&L Gates LLP; FTI Consulting and WilmerHale

    Kids Entertainment

    Sponsored by Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC

    Kids Buffet

    Sponsored by Bingham McCutchen LLP and Deloitte


    Saturday, July 14

    7:30 a.m.

    Registration Desk Open

    7:30-8:30 a.m.

    Breakfast

    Sponsored by Choate, Hall & Stewart LLP; MWI Bankruptcy & Finance ADR Panel and Sullivan & Worcester LLP

    8:30-10:00 a.m.

    Concurrent Sessions

    Issues Affecting Private Equity Firms

    Sharing a Piece of the Pie: Gift Plans, Structured Dismissals and Carve-Outs

    Is There a Better Way? Alternatives to Bankruptcy Liquidations and Reorganizations

    The Reaches of the Indubitable Equivalence test

    Litigating the Cramdown Rate

    The Onslaught Continues:This Year’s Commercial Fraud Cases You Need to Know About

    Filing Your First Individual Chapter 11

    10:00-10:30 a.m.

    Coffee Break

    Sponsored by MWI Bankruptcy & Finance ADR Panel and Murphy & King, PC

    10:30 a.m.-12:00 noon

    Concurrent Sessions (repeat)

    The Onslaught Continues: This Year’s Commercial Fraud Cases You Need to Know About Environmental Problems in Bankruptcy

    Stern v. Marshall: One Year Later

    The Limits of Zealous Advocacy

    Do “Out-of-the-Money” Creditors Have Standing?

    Optional Events

    10:00 a.m.

    Morning Horseback Riding

    1:00 p.m.

    Saturday Canopy Tour – Zip Line (Multiple Groups)

    Sponsored by Donchess & Notinger, PC

    1:00 p.m.

    Hiking with a Guide

    Sponsored by Hinckley, Allen & Snyder LLP and Pepper Hamilton LLP

    1:00 p.m.

    Afternoon Horseback Riding

    1:00 p.m.

    Mt. Washington Cog Railway Ride

    Sponsored by Devine, Millimet & Branch, P.A.

    2:00 p.m.

    Saturday Historic Walking Tour of Mount Washington Hotel Property

    Sponsored by Seder & Chandler, LLP

    9:30 p.m.

    Mt. Washington Ghost Tour

    Sponsored by Gordon Brothers Group, LLC and DJM Asset Management, LLC

    4:00-5:15 p.m.

    Mountainside Chat

    Hon. J. Michael Deasy

    U.S. Bankruptcy Court (D. N.H.); Manchester

    Prof. Ingrid Michelsen Hillinger

    Boston College Law School; Newton, Mass.

    6:00-7:00 p.m.

    Sponsor Reception (by invite only)

    Sponsored by Foley Hoag LLP and Verdolino & Lowey, PC

    7:00-10:00 p.m.

    Saturday Dinner

    Sponsored by CRG Partners and GCG

    Saturday Entertainment

    Sponsored by GOODWIN | PROCTER LLP

    Saturday Night Kids’ Buffet

    Sponsored by Craig and Macauley PC

    Saturday Night Kids’ Entertainment

    Sponsored by Goulston & Storrs, PC

    Sunday, July 15

    7:00-8:30 a.m.

    Continental Breakfast

    Sponsored by NHB Advisors

    8:30-10:00 a.m.

    Bankruptcy Court Trial Practice Symposium

    Hon. Frank J. Bailey

    U.S. Bankruptcy Court (D. Mass.); Boston

    Patrick P. Dinardo

    Sullivan & Worcester LLP; Boston

    Julia Frost-Davies

    Bingham McCutchen LLP; Boston

    Hon. Joan N. Feeney

    U.S. Bankruptcy Court (D. Mass.); Boston

    Frederic D. Grant, Jr.

    Law Office of Frederic Grant, Jr.; Boston

    Hon. Louis H. Kornreich

    U.S. Bankruptcy Court (D. Maine); Bangor

    Peter B. McGlynn, Esq.

    Bernkopf Goodman LLP; Boston

    Patrick J. O’Toole

    Weil, Gotshal & Manges LLP; Boston

    10:00-10:15 a.m.

    Coffee Break

    Sponsored by PretiFlaherty

    10:15 a.m.

    Adjourn

     

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