ABI

21st Annual Northeast Bankruptcy Conference
9th Annual Northeast Consumer Forum

Thursday   |   Friday   |   Saturday   |   Sunday   |  

Thursday, July 17

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.

Emerging Leaders and Judges Roundtable

(Invite Only)
Private roundtable for up-and-coming insolvency professionals and the judges in attendance.

6:00-8:00 p.m.

Opening Reception

Sponsored by Duane Morris LLP and Salus Capital Partners

Friday, July 18

7:00-7:45 a.m.

Continental Breakfast

Sponsored by Choate, Hall & Stewart LLP

7:45-9:15 a.m.

Plenary Session

ABI Northeast Conference Trial Symposium 2014: Using Available Technologies in Bankruptcy Litigation — From the Basics to the Cutting Edge

Hon. Frank J. Bailey

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

Stephen B. Darr

Mesirow Financial Consulting, LLC, Boston

Patrick P. Dinardo

Sullivan & Worcester LLP; Boston

Hon. Joan N. Feeney

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

Julia Frost-Davies

Bingham McCutchen LLP; Boston

Frederic D. Grant, Jr.

Law Office of Frederic Grant, Jr.; Boston

Marjorie Kaufman

Getzler Henrich & Associates LLC; Boston

Hon. Louis H. Kornreich

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

Mimi Le

Impact Trial Consulting LLC; New York

Thomas Lee

Impact Trial Consulting LLC; New York

Keith D. Lowey

Verdolino & Lowey, PC; Foxboro, Mass.

Peter B. McGlynn

Bernkopf Goodman LLP; Boston

Patrick J. O'Toole, Jr.

Weil, Gotshal & Manges LLP; Boston

9:15-9:30 a.m.

Coffee Break

Sponsored by Nixon Peabody LLP

9:30-10:45 a.m.

Business Track Sessions (5)

2nd Annual Understanding the Nonbankruptcy Part of the Deal: DIP Financing Agreements

This is the second in a series of presentations geared toward understanding the deal-document side of a common transaction in a chapter 11 case. The panel will focus on DIP financing agreements, specifically what is behind the representations and warranties, covenants, default provisions and remedy provisions: Do differences exist if the DIP lender is the pre-petition lender rather than a new provider of funding? Are there deal-document differences if it is a syndicated lender group rather than a single lender? Just as important is what the panel will not focus on: This is not intended to be a discussion of § 364 and the means for obtaining approval of, or objecting to, a DIP financing motion. Rather, the presentation will be by those who understand and can explain the provisions of, the rationale behind, and the drafting and negotiation of the DIP financing agreement’s provisions.

Norman L. Pernick, Moderator

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

Jonas McCray

Salus Capital Partners; Needham Heights, Mass.

Risa M. Rosenberg

Milbank, Tweed, Hadley & McCloy LLP; New York

Hon. Brian K. Tester

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

Claims Trading: The Growing Influence of Hedge Funds on Chapter 11 Practice

The claims trading marketplace has been growing rapidly over the past several years and has become commonplace in most significant chapter 11 cases. Fueling this activity are private-equity and hedge funds with varying motives and interests. This panel will explore the types of trades taking place and the mechanics of claims trading, and examine the influence that hedge funds are having on chapter 11 practice, as well as their practical impact when this “new” constituent has a seat at the table.

Amy A. Zuccarello, Moderator

Sullivan & Worcester LLP; Boston

Hon. Louis H. Kornreich

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

Steven B. Levine

Brown Rudnick LLP; Boston

Michele Michaelis

BDO Consulting; New York

Presenting Experts in Bankruptcy Litigation

Contested evidentiary hearings in chapter 11 confirmation battles have one near-constant attribute: They are expert witness-intensive undertakings. Whether relating to the value of a secured lender’s collateral, the appropriate discount rate to be applied in valuing a payment stream provided under a plan, compliance with the best-interests-of-creditors test, feasibility or any number of other potentially contested issues, presenting expert testimony is at least worth considering, if not required. Panelists will focus on the presentation of expert testimony in contested commercial chapter 11 cases, identify the issues that may require expert testimony, discuss how to locate an appropriate expert, and offer their views on how to prepare and present an expert though the discovery and trial stages. This will not be a presentation on the same old real estate appraisal evidence that most experienced practitioners can recite in their sleep (“I considered the income approach, the comparable-sale approach and the cost approach.” YAWN). Rather, the panel will focus on presenting, and cross-examining, the sorts of sophisticated financial experts that testify regarding the various elements of plan confirmation.

Andrew Z. Schwartz, Moderator

Foley Hoag LLP; Boston

Hon. Colleen A. Brown

U.S. Bankruptcy Court (D. Vt.); Burlington

Edmond J. Ford

Ford & Associates, P.A.; Portsmouth, N.H.

Jay Steven Geller

Law Office of Jay S. Geller; Portland, Maine

James M. Lukenda

Huron Consulting Group, New York

Mass Tort Chapter 11s

Even with the asbestos cases largely resolved, chapter 11 remains the preferred — if not the only — way for debtors to address mass tort liability. Chapter 11 cases involving mass torts typically present complex and interwoven issues of jurisdiction, claims determination, choice of law, insurance, liability of third parties, injunctive protection and the like. Using as examples pending chapter 11 cases in Massachusetts (New England Compounding Company, involving tainted drugs) and Maine (Montreal, Maine & Atlantic RR, involving a massive explosion), this panel will discuss the strategic and legal considerations facing debtors, trustees, injured claimants and other creditors as they work toward or against a successful chapter 11 case.

Roger A. Clement, Moderator

Verrill Dana LLP; Portland, Maine

Daniel C. Cohn

Murtha Cullina LLP; Boston

Keith D. Lowey

Verdolino & Lowey, PC; Foxboro, Mass.

Hon. Joel B. Rosenthal (ret.)

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

Lynne B. Xerras

Holland & Knight LLP; Boston

The Mechanics of Prepacks: What Happens Pre-Petition, and How to Make It Stick Post-Petition

The opening line to any discussion about the current trends in chapter 11 cases is often, “Everything is a 363 sale.” Well, not everything: The other way that companies are seeking to minimize the risks of chapter 11 is through the prepack. This panel will discuss the mechanics of, and law behind, a prepackaged chapter 11 case, including plan-support agreements, restrictions on solicitation and how you comply with them, existing restrictions regarding those parties-in-interest that are negotiating the prepack once they start negotiations and receive non-public information, how you solicit votes pre-petition from those not directly involved in the prepack negotiations, and whether at the end of the day you can really bind anybody. The panel will also discuss the risks of overreaching in a plan-support agreement, including a discussion of the Innkeepers decision issued by the U.S. Bankruptcy Court for the Southern District of New York.

Andrew M. Troop, Moderator

Pillsbury Winthrop Shaw Pittman LLP; New York

Lisa G. Beckerman

Akin Gump Strauss Hauer & Feld LLP; New York

Hon. Mildred Caban

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

Eric A.W. Danner

Deloitte CRG; Boston

Michael J. Pappone

Goodwin Procter LLP; Boston


Consumer Track Session

Plug In: Electronic Evidence in Bankruptcy Cases

Texts, IMs, emails and metadata might contain information that could be helpful — or could be harmful to your client’s claims. You might want to obtain that information from your adversary, but you will undoubtedly also want to see your own client’s information before your adversary does. Where do you look? This expert panel will discuss and debate the myriad electronic discovery issues that exist and the challenges facing parties in bankruptcy cases, including asserting and avoiding claims of spoliation. It is a discussion you will want to be a part of — before your client hits “DELETE.”

Warren E. Agin, Moderator

Swiggart & Agin, LLC; Boston

Andre D. Bouffard

Downs Rachlin Martin PLLC; Burlington, Vt

Hon. Peter G. Cary

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

Keri L. Wintle

Murtha Cullina LLP; Bostonn

10:45-11:00 a.m.

Coffee Break

Sponsored by Summit Investment Management LLC

11:00 a.m.-12:15 p.m.

Business Track Sessions (4)

What Happens When a Case Fails Post-Confirmation

The chapter 11 plan has been confirmed, and consummation is on the horizon. But unforeseen circumstances have put the plan in peril or, worse yet, have caused the plan to fail. This panel will discuss the issues that arise when a plan fails post-confirmation. What alternatives exist? What provisions should be included in a plan to anticipate and guard against failure? Where can the parties go for court assistance?

Christine E. Devine, Moderator

Mirick O’Connell LLP; Worcester, Mass.

Robert J. Duffy

FTI Consulting, Inc.; Boston

Hon. Diane Finkle

U.S. Bankruptcy Court (D. R.I.); Providence

Paul N. Gilmore

Updike, Kelly & Spellacy, PC; Hartford, Conn.

Douglas B. Rosner

Goulston & Storrs, PC; Boston

How Ideas Turn into Law: ABI Review Commission; Bankruptcy Code at 30; Sausage-Making 101

ABI has embarked on a significant review of the Bankruptcy Code of 1978. It has been more than 30 years since the Code was enacted, and a consensus has emerged that the current law needs an overhaul. The world has changed, including the financial environment and the operation of the markets, and the Code even as amended was not designed to deal with many of these changes. The ABI Commission to Study the Reform of Chapter 11 will study and propose reforms to chapter 11 and related statutory provisions that will better balance the goals of effectuating the effective reorganization of business debtors, with the attendant preservation and expansion of jobs and the maximization and realization of asset values for all creditors and stakeholders. Presenters will outline the work that the Commission has conducted to date, its mission and its findings. Further discussion will map out a way forward and perhaps include some crystal ball work to see what reforms might — ahem — emerge from Congress.

Robert J. Keach, Moderator

Bernstein Shur; Portland, Maine

Jo Ann J. Brighton

Winston & Strawn LLP; Charlotte, N.C.

Hon. Robert E. Gerber

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

William H. Henrich

Getzler Henrich & Associates LLC; New York

Prof. Ingrid Michelsen Hillinger

Boston College Law School; Newton, Mass.

363 Sales and Successor Liability

Section 363 sales are frequently invoked in an effort to render the debt side of a balance sheet irrelevant. Buyers and sellers generally spend much of their time negotiating pre-sale issues, such as bidding procedures, “break-up fees” and other bidding protections, perhaps relying on the “free and clear” language of § 363(f) to absolve the buyer of any liabilities associated with the assets. Buyers at § 363 sales typically assume that they take the assets free and clear of all liens and claims. Lending credence to the old adage “caveat emptor,” this program will focus on the issues that may prevent assets sold under § 363 from being cleansed of all liens, claims and interests, and will examine the limits of “free and clear” sales under § 363 of the Bankruptcy Code. The panel will identify those claims that may come back and haunt a buyer, no matter what a § 363 sale order provides, paying particular attention to cases where holders of claims that were unknown or perhaps unknowable at the time of a sale come in post-closing and successfully assert liability against a purchaser.

Christopher M. Candon, Moderator

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

William J. Hanlon

Seyfarth Shaw LLP; Boston

Hon. Enrique S. Lamoutte

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

Adrienne Walker

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

The Ethical Limits of Secrecy and Confidentiality

This panel will explore the ethical boundaries of secrecy and confidentiality issues in a bankruptcy case. May and should a creditor/attorney for the debtor serve on a creditors’ committee, and to what extent may relevant information be divulged? To what extent may an attorney reveal information received by him/her during a retention interview if he/she is not hired but is later retained by another party? What problems arise if information to be divulged by one client could have an adverse impact on another? To what extent does a debtor’s duty to reveal information trump its desire to protect business secrets, and how should the situation be handled? Can a case tolerate disparate scopes of information being given to parties in interest? Do the ethical issues change with the “environment” (court, mediation, negotiation, pitch for business)?

Steven C. Reingold, Moderator

Jager Smith PC; Boston

L. Alexandra Hogan

Shatz, Schwartz and Fentin, PC; Springfield, Mass.

Hon. Elizabeth S. Stong

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

Steven M. Notinger

Cleveland, Waters and Bass, P.A.; Concord, NH


Consumer Track Sessions (2)

The Ethical Duty of Investigation: Does It Reach into Social Media?

Parties can view social media as a treasure-trove of information: Does a debtor discuss assets on Facebook that are not found on the schedules? Do parties make statements in their online posts that conflict with legal positions they are taking in bankruptcy court? Does the ethical duty of a reasonable investigation encompass an obligation to investigate a client’s social media activity? This panel of experts will review the ethical obligations of investigating social media websites of clients and parties, and what may — and in some cases, must — be done to remain zealous advocates.

Raymond J. Obuchowski, Moderator

Obuchowski & Emens-Butler; Bethel, Vt.

Hon. Bruce A. Harwood

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

Nina M. Parker

Parker & Associates; Winchester, Mass.

Jeffrey T. Piampiano

Drummond Woodsum; Portland, Maine

Does This Look Defective?

More and more litigation is emerging over the sloppy practices that were rampant during the real estate boom. Defective mortgages, flawed trusts and faulty deeds have all produced much litigation, but how can you tell if there is really a defect that you can either make a case out of, or need to protect your client from? In this practical and hands-on program, attendees will examine at least 10 different documents, all based on real cases, that demonstrate the defects that counsel need to not only be aware of, but to actually look for.

Donald R. Lassman, Moderator

Law Office of Donald R. Lassman; Needham, Mass.

Hon. Edward A. Godoy

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

Sarah A. Smegal

Bartlett Hackett Feinberg PC; Boston


Optional Events

1:00 p.m.

Golf Tournament at Stowe Mountain Golf Club

Sponsored by Gordon Brothers Group LLC, Murtha Cullina LLP and Pepper Hamilton LLP


Tennis Tournament

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


Tour de ABI

Sponsored by Goodwin Procter LLP

2:00 p.m.

Smuggler’s Notch Zip-Lining

Sponsored by Brown Rudnick LLP

3:00 p.m.

Vermont Beer Tasting

Sponsored by Downs Rachlin & Martin PLLC, Kenlan, Schwiebert Facey & Goss, P.C., Obuchowski & Emens-Butler, Paul Frank + Collins P.C., Pratt Vreeland Kennelly Martin & White, Ltd., Primmer Piper Eggleston & Cramer PC and Ryan, Smith & Carbine, Ltd.

6:30-8:30 p.m.

Friday Reception

Sponsored by BlumShapiro, Finn Dixon & Herling LLP, Neubert, Pepe & Monteith, PC, Pullman & Comley, LLC, Reid and Riege, PC and Zeisler & Zeisler, PC


Friday Reception Entertainment

Sponsored by Halloran & Sage LLP and WilmerHale


Kids’ Entertainment

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

Saturday, July 19

7:30-8:00 a.m.

Continental Breakfast

Sponsored by PretiFlaherty and Sullivan & Worcester LLP

8:00-9:00 a.m.

Plenary Session

Bankruptcy and the U.S. Supreme Court: An Insider’s View of 2014 Decisions

The U.S. Supreme Court will decide three bankruptcy cases this term: (1) Executive Benefits Insurance Agency v. Arkison, which addresses the constitutionality of the district court referral system for bankruptcy cases and consent to jurisdiction where separation of powers is at issue; (2) Clark v. Rameker, which involves the availability of exemptions for inherited IRAs; and (3) Law v. Siegel, which deals with a bankruptcy court’s authority under § 105 to surcharge exemptions. In each of these cases, either the parties are represented by First Circuit practitioners and law firms, or the underlying circuit splits involve precedents from the First Circuit. This panel will offer an insider’s view of the issues and outcomes.

Lynne F. Riley, Moderator

Casner & Edwards, LLP; Boston

Hon. Frank J. Bailey

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

Hon. Joan N. Feeney

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

Hon. Robert E. Gerber

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

Douglas Hallward-Driemeier

Ropes & Gray LLP; Washington, D.C.

William C. Heuer

Duane Morris LLP; New York

9:00-9:15 a.m.

Coffee Break

Sponsored by MWI Bankruptcy & Finance ADR Panel

9:15-10:30 a.m.

Business Track Repeat Sessions (4)

What Happens When a Case Fails Post-Confirmation

How Ideas Turn into Law: ABI Review Commission; Bankruptcy Code at 30; Sausage-Making 101

363 Sales and Successor Liability

The Ethical Limits of Secrecy and Confidentiality


Consumer Track Sessions (2)

A Plan to Get Paid: Debtors’ Counsel’s Fees in Chapter 13

Chapter 13 practice is complicated, and the days when a debtor’s 13 plan was quickly confirmed are few and far between. In addition to proposing confirmable chapter 13 plans, debtors’ attorneys (and in some cases chapter 13 trustees) are litigating defective mortgage claims and contentious objections to confirmation. How can debtors’ counsel ensure that they are compensated for these complicated cases that not only sit on the bankruptcy court’s docket, but often end up on appeal? This panel will discuss the challenges and practicalities of compensating chapter 13 debtors’ counsel in this ever-evolving area of bankruptcy law.

Richard M. Goldman, Moderator

Law Offices of Richard M. Goldman; Augusta, Maine

Hon. Edward A. Godoy

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

Michelle M. Kainen

Kainen Law Office; White River Junction, Vt.

Bonnie C. Mangan

Law Office of Bonnie C. Mangan, PC; South Windsor, CT

James A. Wingfield

Law Offices of James Wingfield; Worcester, Mass.

What Lurks in Them There Cases?

How can you best advise a client who is unsure whether the stay or the discharge applies? How can you protect a debtor’s benefits offered by the automatic stay and the discharge? Stay violation litigation and discharge analysis are just two of the topics that this expert panel will examine.

Shawn Doil, Moderator

Perkins Thompson, PA; Portland, Maine

Hon. Peter G. Cary

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

Christopher J. Somma

Goodwin Procter LLP; Boston

Andrea Bopp Stark

James F. Molleur, LLC; Biddeford, Maine

10:30-10:45 a.m.

Coffee Break

Sponsored by Bernstein Shur

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

Business Track Repeat Sessions (5)

2nd Annual Understanding the Nonbankruptcy Part of the Deal: DIP Financing Agreements

Claims Trading: The Growing Influence of Hedge Funds on Chapter 11 Practice

Presenting Experts in Bankruptcy Litigation

Mass Tort Chapter 11s

The Mechanics of Prepacks: What Happens Pre-Petition, and How to Make It Stick Post-Petition


Consumer Track Session

Sayeth the Lawyer, “I Will Do This, But Not That”: The Ethical Implications of Limited Representation

State courts are increasingly relaxing their rules to allow attorneys to provide a-la-carte services to parties in cases appearing before them. However, bankruptcy courts have been reluctant to do so. Is it because the Bankruptcy Code is so complicated? Or is it because what is good for parties in state court is not good for those in bankruptcy court? This panel of experts will examine whether counsel can provide limited representation services to parties in bankruptcy matters and maintain their ethical obligations to the client.

David B. Madoff, Moderator

Madoff & Khoury LLP; Foxborough, Mass.

Heather Zubke Cooper

Kenlan Schwiebert Facey & Goss, PC; Rutland, Vt.

Hon. J. Michael Deasy (ret.)

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

Leslie Su

Minerva Law, P.C.; Andover, Mass.


Optional Events

1:00 p.m.

Guided Hike Around Mt. Mansfield

Sponsored by Nutter McClennen & Fish LLP


Water & Wine Tour

Sponsored by Verdolino & Lowey, PC

1:30 p.m.

Fly Fishing

Sponsored by Sheehan, Phinney, Bass + Green

2:00 p.m.

Horseback Trail Ride

Sponsored by Phoenix Management Services

4:00-5:15 p.m.

Mountainside Chat

Hon. Frank J. Bailey

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

Mark N. Berman

Nixon Peabody LLP

Hon. J. Michael Deasy (ret.)

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

Prof. Charles J. Tabb

Spring 2014 ABI Resident Scholar

University of Illinois College of Law; Champaign, Ill.

6:00-7:00 p.m.

Sponsor Reception (by invitation only)

Sponsored by Foley Hoag LLP and Ropes & Gray LLP

7:00-10:00 p.m.

Saturday BBQ

Sponsored by Deloitte CRG


BBQ Entertainment: ABI’s Own Indubitable Equivalents

Sponsored by Esher Rossi, Foster Pepper PLLC, Gavin/Solmonese LLC, Hunton & Williams LLP and Perkins Coie LLP


Kids’ Entertainment

Sponsored by Goulston & Storrs, PC

Sunday, July 20

7:00-8:30 a.m.

Continental Breakfast

Sponsored by Partridge, Snow & Hahn, LLP

8:30-10:00 a.m.

Plenary Session

Lightning Rounds with a Judge

Hon. Frank J. Bailey

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

Hon. Colleen A. Brown

U.S. Bankruptcy Court (D. Vt.); Burlington

Hon. Mildred Caban

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

Hon. Peter G. Cary

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

Hon. J. Michael Deasy (ret.)

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

Hon. Joan N. Feeney

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

Hon. Robert E. Gerber

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

Hon. Edward A. Godoy

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

Hon. Louis H. Kornreich

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

Hon. Enrique S. Lamoutte

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

Hon. Joel B. Rosenthal (ret.)

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

Hon. Elizabeth S. Stong

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

Hon. Brian K. Tester

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

10:00 a.m.

Adjourn

 

 

Register Here for the
NE Bankruptcy Conference

  Register Online Today!  

Register Here for the
Consumer Forum

 

If you would like more information on other upcoming conferences, please click here.

Member Resources


Follow Us!


Contact ABI


    Multisite Search
    Online Journal
    Volo (Circuit Court Opinions)
    Interactive Code and Rules
    Educational Materials
    View All


twitter linkedin facebook Flickr



Join the conversation #NEBC14

66 Canal Center Plaza, Suite 600
Alexandria, VA 22314
Tel. (703)-739-0800
Fax. (703) 739-1060
support@abiworld.org

Copyright 2014 - The American Bankruptcy Institute