Wednesday, July 29
9:00 a.m.-5:00 p.m.
American Board of Certification Exams
11:00 a.m. - 4:00 p.m.
Optional Event: Deep-water Fishing Tournament
Sponsored by Hays Financial Consulting, LLC
2:00-6:00 p.m.
Registration Desk and Exhibit Hall Open
6:00-8:00 p.m.
Opening Reception
Sponsored by Alvarez & Marsal LLC
8:00-11:00 p.m.
IWIRC Dessert Reception (by invitation)
Sponsored by IWIRC Carolinas Network, IWIRC Florida Network, IWIRC Georgia Network and IWIRC Virginia Network
Thursday, July 30
7:00 a.m.-12:30 p.m.
Registration Desk and Exhibit Hall Open
7:00-7:30 a.m.
Breakfast
Sponsored by Equity Partners, Inc.
7:30-9:00 a.m.
Plenary Session
The Fall of Boris Badenough: Ethical Issues for Lawyers in Representing “Unusual” Clients
This evidence and ethics presentation explores the ethical issues faced when representing failed financial entities and their principals. This presentation, a foot-in-mouth “mocktrial in two acts,” concentrates on key ethics and evidence issues involving allegations of fraud, financial malfeasance — or just plain stupidity.
Our Cast:
Announcer: C. R. “Chip” Bowles Jr.
Greenebaum Doll & McDonald PLLC; Louisville, Ky.
Boris Badenough: Robin E. Phelan
Haynes and Boone, LLP; Dallas
Big Jim Hunt Silver: Carl H. Young, III
Bridge Associates LLC; New York
Boris’s Attorney: Diane P. Furr
Poyner Spruill LLP; Charlotte, N.C.
Big Jim’s Attorney: J. Ted Donovan
Goldberg Weprin Finkel Goldstein LLP
Distinguished Panel Members
Cynthia P. Burnette
Office of the U.S. Trustee; Tampa, Fla.
James S. Feltman
Mesirow Financial Consulting, LLC; Miami
Hon. J. Rich Leonard
U.S. Bankruptcy Court (E.D.N.C.); Raleigh
9:00-9:15 a.m.
Refreshment Break
Sponsored by McGuireWoods LLP
9:15-10:45 a.m.
Concurrent Workshops (4)
Dead Dirt: Part 1
Bankruptcy Question of the Day: Did the real estate market kill the economy? That remains to be seen, but our panel will address the many important issues arising from the recent wave of business real estate bankruptcies.
Patricia A. Redmond (Moderator)
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami
Paul J. Battista
Genovese Joblove & Battista, PA; Miami
William G. Londrey
Tranzon LLC; Richmond, Va.
Hon. C. Ray Mullins
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
James Lee Paul
Chamberlain Hrdlicka White Williams & Martin; Atlanta
Jumping the Queue: Administrative, Priority and Reclamation Claims in Chapter 11 Cases
This panel will address how to deal with issues related to “special” unsecured claims from the perspective of debtor, committee and individual creditors with emphasis on §503(b)(9) pre-petition administrative claims and §546 reclamation issues.
Lawrence R. Ahern, III (Moderator)
Burr & Forman LLP; Nashville, Tenn.
Paula S. Beran
Tavenner & Beran, PLC; Richmond
Daniel F. Dooley
MorrisAnderson & Associates, Ltd.; Chicago
Hon. Douglas O. Tice, Jr.
U.S. Bankruptcy Court (E.D. Va.); Richmond
Hot Topics in Chapter 13 Cases: Part 1 of 3
A Three-part Discussion of Important Current Practice Issues in Sophisticated Chapter 13 Cases, and with Congress’ Agreement, Residential Mortgage Modifications.* Throughout the three sessions, panelists will discuss: (1) pending legislation or enacted law regarding bankruptcy judges’ authority to modify residential mortgages; (2) post-confirmation issues, such as mortgage lender violations of the discharge injunction and a debtor’s duty to disclose assets acquired post-confirmation; (3) issues related to the “means test” in chapter 13 cases, such as the meaning of “projected disposable income,” “applicable monthly expense amounts,” “payments on account of secured debt” and “household size”; (4) issues relating to the “hanging paragraph,” such as the effect of negative equity on a PMSI and the effect of surrender on a 910 car claim; and (5) myriad issues regarding chapter 13 plans, such as increasing plan payments after debt payoff, the applicable commitment period, good faith and the meaning of “equal monthly payments.” Panelists intend to focus on (1) and (2) in the first session, (3) in the second session, and (4) and (5) in the third session, although this may vary depending on recent developments in Congress and case law, as well as time constraints.
*ABI is attempting to obtain separate CLE credit for each of the three sessions, but the results of those attempts may vary by state, and attendees may only receive credit for one session.
Felicia S. Turner (Moderator)
American Bankruptcy Institute; Alexandria, Va.
O. Byron Meredith, III
Chapter 13 Trustee; Savannah, Ga.
Richard H. Thomson
Clark & Washington, PC; Atlanta
Hon. Michael G. Williamson
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Swimming in Shark-infested Waters
Ponzi Schemes and Fraud in Bankruptcy: As Warren Buffet observed when the economic tide goes out, you find out who’s been swimming naked. This presentation provides an overview of the unusual issues arising in cases of actual fraud.
Richard H. Engman
Jones Day; New York
S. Gregory Hays
Hays Financial Consulting, LLC; Atlanta
Hon. Jeffrey P. Hopkins
U.S. Bankruptcy Court (S.D. Ohio); Cincinnati
John C. “Kit” Weitnauer
Alston & Bird LLP; Atlanta
Prof. Jack F. Williams
Georgia State University / BDO Seidman; Atlanta
10:45-11:00 a.m.
Refreshment Break
Sponsored by Alston & Bird LLP
11:00 a.m.-12:30 p.m.
Concurrent Workshops (4)
Dead Dirt: Part 2
Real estate is not just a business issue anymore. This group will review hot real estate issues that impact closely-held business and guarantors in smaller chapter 11 and chapter 13 business cases, and will offer practical solutions to these world problems.
Robert P. Reynolds (Moderator)
Reynolds, Reynolds & Duncan, LLC; Tuscaloosa, Ala.
Hon. Robert Mark
U.S. Bankruptcy Court (S.D. Fla.); Miami
Michael Thompson
Thompson, O’Brien, Kemp & Nasuti, PC; Norcross, Ga.
Robert L. Shields, III
Tanner & Guin, LLC; Birmingham, Ala.
Hot Consumer Topics in Chapter 7
Everything you wanted to know about core issues in chapter 7 cases, including topics such as exemptions, claims objections, reaffirmations, abuse under 11 U.S.C. §707(b) when the debtor has surrendered property, and 11 U.S.C. §521 automatic dismissal, as well as other timely issues.
Donald F. Walton (Moderator)
U.S. Trustee, Region 21; Atlanta
Michael J. Cox
Michael J. Cox Attorney at Law, LLC; Columbia, S.C.
Neil C. Gordon
Arnall Golden Gregory LLP; Atlanta
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Lenders Under Fire: Strategies for and Defenses to Extracting Money from Lenders in Consumer and Business Cases
This panel will discuss many of the recent developments in actions that are being filed against lenders in the bankruptcy courts. In business cases, the lack of equity to pay unsecured creditors means that parties are seeing more ways to leverage lenders into leaving funds on the table for other creditors. The motives are different in consumer cases where lenders are being sanctioned for alleged “misbehavior” in their treatment of consumer debtors.
Terri L. Gardner (Moderator)
Nelson Mullins Riley & Scarborough, LLP; Raleigh, N.C.
Eric W. Anderson
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Thomas W. Anderson
Pilot Mountain, N.C.
Rudy J. Cerone
McGlinchey Stafford, PLLC; New Orleans
Hon. Mary Grace Diehl
U.S. Bankruptcy Court (N.D. of Ga.); Atlanta
Robert M. Hirsh
Arent Fox LLP; New York
Dead Dealers: Problems and Challenges with Auto-dealer Insolvencies
Automotive bankruptcies are no longer just for suppliers and the Big Three. This panel tackles important issues in auto-dealer bankruptcies, including floor planning, property-of-the-estate issues, executory-contract issues and other matters.
Jeffrey W. Kelley (Moderator)
Troutman Sanders LLP; Atlanta
Keith Northern
NachmanHaysBrownstein, Inc.; Narberth, Pa.
Charles M. Tatelbaum
Adorno & Yoss LLP; Ft. Lauderdale, Fla.
Hon. James D. Walker, Jr.
U.S. Bankruptcy Court (M.D. Ga.); Macon
1:00 p.m.
Optional Event: Annual Golf Tournament and PGA Tour Academy Workshop
1:00-6:00 p.m.
Optional Event: Sea Turtle Presentation and Shrimping Adventure
Friday, July 31
7:00-7:30 a.m.
Breakfast
Sponsored by BDO Seidman LLP
7:30-9:00 a.m.
Plenary Session
Consumer Law Update 2009
Consumer cases have been rising quickly, and your need to know the latest developments is critical. This session is a review of cases focusing on circuits in the Southeast.
Hon. William H. Brown
U.S. Bankruptcy Court (W.D. Tenn.) (ret.); Carbondale, Colo.
Prof. Jeffrey W. Morris
University of Dayton School of Law and Counsel, Porter Wright, Morris & Arthur; Dayton, Ohio
9:00 a.m.-3:00 p.m.
Optional Event: Tour of Historic Savannah, with lunch at The Lady & Her Sons
9:00-9:15 a.m.
Refreshment Break
Sponsored by King & Spalding LLP
9:15-10:45 a.m.
Concurrent Workshops
Dead Dirt: Part 2
Hot Consumer Topics in Chapter 7
Lenders Under Fire: Strategies for and Defenses to Extracting Money from Lenders in Consumer and Business Cases
Dead Dealers: Problems and Challenges with Auto-dealer Insolvencies
10:45-11:00 a.m.
Refreshment Break
11:00 a.m.-12:30 p.m.
Concurrent Workshops
Dead Dirt: Part 1
Jumping the Queue: Administrative, Priority and Reclamation Claims in Chapter 11 Cases
Hot Topics in Chapter 13 Cases: Part 2 of 3
Swimming in Shark-infested Waters: Ponzi Schemes and Fraud in Bankruptcy
1:00 p.m.
Optional Event: Golf Round at Sea Pines
Optional Event: Tennis Tournament
7:00-10:00 p.m.
Final Night Dinner Dance
Entertainment Sponsored by Bridge Associates LLC
Saturday, August 1
7:00-7:30 a.m.
Breakfast
Sponsored by GlassRatner Advisory & Capital Group LLC
7:30-9:00 a.m.
Plenary Session
Business Law Update 2009
What a difference a year makes. With the current economic crisis, it is vital to know the important case law and other critical developments in business practice.
Hon. William H. Brown
U.S. Bankruptcy Court (ret.); Carbondale, Colo.
Prof. Jeffrey W. Morris
University of Dayton School of Law; Dayton, Ohio
9:00-9:15 a.m.
Refreshment Break
Sponsored by Moore & Van Allen, PLLC
9:15-10:45 a.m.
Concurrent Workshops
Dead Dirt: Part 1
Jumping the Queue: Administrative, Priority and Reclamation Claims in Chapter 11 Cases
Hot Topics in Chapter 13 Cases: Part 3 of 3
Swimming in Shark-infested Waters: Ponzi Schemes and Fraud in Bankruptcy
10:45-11:00 a.m.
Refreshment Break
11:00 a.m.-12:30 p.m.
Concurrent Workshops
Dead Dirt: Part 2
Hot Consumer Topics in Chapter 7
Lenders Under Fire: Strategies for and Defenses to Extracting Money from Lenders in Consumer and Business Cases
Dead Dealers: Problems and Challenges with Auto-dealer Insolvencies
12:30 p.m.
Adjourn
On-Site Registration Only
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