ABI

Wednesday   |   Thursday   |   Friday   |   Saturday

Wednesday, July 25, 2012

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

American Board of Certification Exams

6:00-8:00 p.m.

Opening Reception

Sponsored by Adams and Reese, LLP and Bull Realty, Inc.

8:30-10:00 p.m.

Dessert Reception

Sponsored by Epiq Systems

Thursday, July 26, 2012

7:00-7:30 a.m.

Breakfast

Sponsored by Greenberg Traurig, LLP

7:30-9:00 a.m.

Plenary Session

Consumer Update 2012

Consumer cases are on the rise, so it is critical for practitioners to be familiar with the latest developments. This session will focus on cases in the Southeast.

Lawrence R. Ahern, III

Burr & Forman, LLP; Nashville, Tenn.

Hon. Mary Grace Diehl

U.S. Bankruptcy Court (N.D. Ga.); Atlanta

C. Edward Dobbs

Parker, Hudson, Rainer & Dobbs LLP; Atlanta

Hon. Laurel Myerson Isicoff

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

9:00-9:15 a.m.

Refreshment Break

Sponsored by Alvarez & Marsal

9:15-10:45 a.m.

Concurrent Sessions

Chapter 7 and Chapter 13 Case Law Developments Following Recent Supreme Court and Circuit Opinions

In the aftermath of Stern v. Marshall, Ransom, Lanning and Schwab v. Reilly, this panel will review of progeny the recent U.S. Supreme Court opinions in the lower courts.

Diane P. Furr, Moderator

Poyner Spruill, LLP; Charlotte, N.C.

Melissa J. Davey

Stites and Harbison, PLLC; Atlanta

Walter W. Kelley

Kelley, Lovett & Blakey, PC; Albany, Ga.

Maria Angela Tsagaris

McCalla Raymer, LLC; Roswell, Ga.

"And Your Shoe Size, Please". Additional Fee Disclosures in Bankruptcy: What’s Next?

In November 2011, the Executive Office for U.S. Trustees proposed new guidelines to complement the rules, orders and other controlling authority governing the awarding compensation and reimbursement of expenses under § 330 of the Bankruptcy Code. Since the initial proposal, numerous lawyers, professors, law firms and organizations have provided written and oral comments on the guidelines and changes ahead for bankruptcy professionals. This panel will include a member from each core group that has developed or commented on the proposed guidelines and will elicit a frank discussion concerning the benefits and costs associated with the guidelines.

Rafael Zahralddin-Aravena, Moderator

Elliott Greenleaf; Wilmington, Del.

Daniel F. Blanks

McGuireWoods LLP; Jacksonville, Fla.

Prof. Nancy B. Rapoport

William S. Boyd School of Law, University of Nevada; Las Vegas

Donald F. Walton

U.S. Department of Justice; Atlanta

Creative Battles in Single Asset Real Estate Cases: Use of Rents, Cramdown Strategies, and Lenders Buying Equity to Avoid Cramdown!

This panel will consider dynamic and critical issues that arise in single asset chapter 11 cases, including the right of the debtor to use rents that are pledged to the secured lender. Can the rents be used to pay debtor's counsel and other professionals? Can the rents be used to fund a plan that the secured lender strenuously opposes? Strategies used by debtor's counsel to cram down a plan on the secured lender will be evaluated, as well as ways the lender can avoid being crammed down under an unfavorable interest rate. Cutting-edge approaches used by debtors and lenders will be discussed by a panel comprised of debtor’s counsel, lender’s counsel, a lender and a bankruptcy judge.

Terri L. Gardner, Moderator

Nelson Mullins Riley & Scarborough; Raleigh, N.C.

Hon. Paul M. Glenn

U.S. Bankruptcy Court (M.D. Fla.); Jacksonville

Jason L. Hendren

Hendren & Malone, PLLC; Raleigh, N.C.

Mindy A. Mora

Bilzin Sumberg Baena Price & Axelrod, LLP; Miami

Steven J. Tyde, Jr.

Rialto Capital Management, LLC; Atlanta

Ponzis and Barring Claims against the Guilty

The program will address the issues in Ponzi scheme cases and focus on the problems associated with trying to obtain a bar order as part of a settlement.

Patricia A. Redmond, Moderator

Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.; Miami

Melissa Davis

Kapila & Company; Fort Lauderdale, Fla.

Prof. Jessica D. Gabel

Georgia State University College of Law; Atlanta

John F. Isbell

Thompson Hine LLP; Atlanta

Hon. Robert A. Mark

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

10:45-11:00 a.m.

Refreshment Break

Sponsored by King & Spalding LLP

11:00 a.m.-12:30 p.m.

Concurrent Sessions

The Intersection of Bankruptcy and Family Law and Managing an Asset Chapter 7 Case

This panel will discuss domestic support obligation (DSO) and alimony/property settlement dischargability issues. When does the automatic stay apply and not apply? Should a bankruptcy be considered before, during or after the divorce? What about exemptions? In addition, the panel will discuss the threshold amount that a trustee is likely to pursue, as well as locating real estate assets and checklists for managing a real estate asset. The panel will also examine procrastination as the greatest enemy of a chapter 7 trustee, and pushing an asset liquidation to closing as quickly as possible.

Nancy Whaley, Moderator

Standing Chapter 13 Trustee (N.D. Ga.); Atlanta

Walter W. Kelley

Kelley, Lovett & Blakey, PC; Albany, Ga.

Amanda Stofan

Clark & Washington, P.C.; Chattanooga, Tenn.

David M. Warren

Poyner Spruill LLP; Raleigh, N.C.

Infrequent Filings: Exploring the Arcane Chapters (9, 12, 15) of the Bankruptcy Code

“Life comes at you fast.” A complete bankruptcy lawyer needs to know about all of the chapters in the Bankruptcy Code. Our panelists, each an expert in at least one of the little used chapters, will provide you with the resources to be conversant when that client call comes from “out of the blue” with questions about chapter 9, 12 or 15. The panelists will review the basics and then discuss experiences that help flesh out the dry statutory bones.

Rudy J. Cerone, Moderator

McGlinchey Stafford, PLLC; New Orleans

J. William Boone

Alston & Bird LLP; Atlanta

H. Slayton Dabney, Jr.

Dabney, PLLC; New York

Craig M. Geno

Law Offices of Craig M. Geno, PLLC ; Ridgeland, Miss.

Asset Disposition: Arrows in a Quiver

The panel will explore non-bankruptcy alternatives to divesting assets through receiverships and assignments for the benefit of creditors. The session will focus on novel aspects that are encountered in receiverships to achieve maximum value from the assets and the interplay between legal, operational, credit-bidding and equity platforms.

Soneet Kapila, Moderator

Kapila & Company; Ft. Lauderdale, Fla.

Taylor J. Fenn

Summit Investment Management LLC; Denver

Brian Hegi

Prophet Equity; Southlake, Texas

Mark D. Hildreth

Shumaker, Loop & Kendrick, LLP; Sarasota, Fla.

Cynthia C. Jackson

Smith Hulsey & Busey; Jacksonville, Fla.

Bankruptcy Litigation: A Practical Skills Guide

Litigation skills are vital to the effective bankruptcy practitioner. This panel will provide a practical-skills approach to litigating common bankruptcy and insolvency matters, including contested cash-collateral motions, chapter 11 plan confirmations and contested receivership proceedings in state court. Issues addressed will include framing the appropriate issues, obtaining discovery on an expedited basis, and effective evidentiary and litigation techniques at trial.

Rory D. Whelehan, Moderator

Womble Carlyle Sandridge & Rice LLP; Greenville, S.C.

Elena Paras Ketchum

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

Corali Lopez-Castro

Kozyak Tropin & Throckmorton, PA; Miami

Hon. Margaret A. Mahoney

U.S. Bankruptcy Court (S.D. Ala.); Mobile

1:00 p.m.

Optional Event: Golf Tournament


Optional Event: Coastal Fishing

1:30 p.m.

Optional Event: Kayaking


Optional Event: Fort George Island Tour


Friday, July 27, 2012

7:00-7:30 a.m.

Breakfast

Sponsored by GCG

7:30-9:00 a.m.

Plenary Session

Business Update 2012

Review the newest and most important decisions for the business practitioner, with an emphasis on the Southeast.

Lawrence R. Ahern, III

Burr & Forman, LLP; Nashville, Tenn.

Hon. Mary Grace Diehl

U.S. Bankruptcy Court (N.D. Ga.); Atlanta

C. Edward Dobbs

Parker, Hudson, Rainer & Dobbs LLP; Atlanta

Hon. Laurel Myerson Isicoff

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

9:00-9:15 a.m.

Refreshment Break

Sponsored by GlassRatner Advisory & Capital Group LLC

9:15-10:45 a.m.

Concurrent Sessions (repeat)

Let’s Make It Clear: Federal Rules of Bankruptcy Procedure 3001 and 3002 and Lien-stripping in a Distressed Real Estate Market

On Dec. 1, 2011, Federal Bankruptcy Rules of Bankruptcy Procedure 3001 and 3002 were amended to provide increased transparency in proofs of claim and costs assessed during chapter 13 cases.

This panel will focus on the effects of these changes on debtors, secured lenders and chapter 13 trustees. We will also review recent lien-stripping litigation, including the latest “chapter 20” case developments.

Nancy J. Whaley, Moderator

Standing Chapter 13 Trustee (N.D. Ga.); Atlanta

Melissa J. Davey

Stites and Harbison, PLLC; Atlanta

Amanda Stofan

Clark & Washington, P.C.; Chattanooga, Tenn.

Maria A. Tsagaris

McCalla Raymer, LLC; Roswell, Ga.

Hon. Michael G. Williamson

U.S. Bankruptcy Court (M.D. Fla.); Tampa

Infrequent Filings: Exploring the Arcane Chapters (9, 12, 15) of the Bankruptcy Code

Asset Disposition: Arrows in a Quiver

Bankruptcy Litigation: A Practical Skills Guide

10:45-11:00 a.m.

Coffee Break

Sponsored by Kurtzman Carson Consultants

11:00 a.m.-12:30 p.m.

Concurrent Sessions (repeat)

Means Test: Chapter 7 and Chapter 13 Form B22 Analysis

This panel will discuss recent developments in means test issues, including what constitutes current monthly income, defining household size, secured payments on collateral to be surrendered, and disposable monthly income and applicable commitment period for chapter 13 debtors.

Diane P. Furr, Moderator

Poyner & Spruill, LLP; Charlotte, N.C.

Melissa J. Davey

Stites and Harbison, PLLC; Atlanta

Amanda Stofan

Clark & Washington, P.C.; Chattanooga, Tenn.

Hon. Michael G. Williamson

U.S. Bankruptcy Court (M.D. Fla.); Tampa

"And Your Shoe Size, Please". Additional Fee Disclosures in Bankruptcy: What’s Next?

Creative Battles in Single Asset Real Estate Cases: Use of Rents, Cramdown Strategies and Lenders Buying Equity to Avoid Cramdown!

Ponzis and Barring Claims against the Guilty

1:00 p.m.

Optional Event: Tennis Tournament

Sponsored by Troutman Sanders, LLP


Optional Event: Clay Skeet Shooting Tournament

Sponsored by Elliott Greenleaf

1:30 p.m.

Optional Event: Cumberland Island Hiking Tour

2:00 p.m.

Optional Event: Horseback Riding on South Beach

3:30 p.m.

Optional Event: Horseback Riding on South Beach

7:00-10:00 p.m.

Final Night Dinner

Saturday, July 28, 2012

7:00-7:30 a.m.

Breakfast

7:30-9:00 a.m.

Plenary Session:

Boris Badenough CSI? Ethical and Civility Issues in Cases Tainted by Crime

In the latest of the Boris Badenough Plays, Boris is confronted with an adversary who is as crafty and ruthless (and, let’s be candid, dishonest) as Boris usually is. In this scenario, Boris has had a $15 million loan go bad after a mysterious fire at the Baskerville Casino destroyed all of Boris’s collateral two days after the insurance lapsed on the property. Patricia Morearty, the owner of the Baskerville Casino and guarantor of the debt, has filed a chapter 11 to pursue litigation against Boris for lender liability. However, things are not always as they seem. This program will address the current ethical, professionalism and civility issues related to litigating a case where there is a suspicion of crime by a party and possibly the party’s counsel (with a special section on what associates may have to do if they suspect misconduct in their own firms), as well as how to deal with unprofessional attacks in discovery, pleadings and trial (including insulting judges).

C.R. “Chip” Bowles Jr., Announcer

Bingham Greenebaum Doll LLP; Louisville, Ky..

Cast:

Boris Badenough:

Robin Phelan

Haynes and Boone, LLP; Dallas


Boris’s Lawyer, S. Locke Holmes:

Eric W. Anderson

Parker, Hudson, Rainer & Dobbs; Atlanta


Patricia:

Leanne Gould

GlassRatner Advisory & Capital Group LLC; Atlanta


Patricia’s Lawyer, “Colonel” James Moran:

Jerry M. Markowitz

Markowtiz Ringel Trusty + Hartog; Miami


The Colonel’s Associate, Iris Adler:

Jennifer M. Meyerowitz

Epiq Systems; Atlanta

Panelists:

Hon. Mary Grace Diehl

U.S. Bankruptcy Court (N.D. Ga.); Atlanta

Prof. Jessica D. Gabel

Georgia State University College of Law; Atlanta

Prof. Nancy B. Rapoport

William S. Boyd School of Law, University of Nevada, Las Vegas

Robert P. Reynolds

Reynolds, Reynolds & Little, LLC; Tuscaloosa, Ala.

9:00-9:15 a.m.

Refreshment Break

Sponsored by Kozyak Tropin & Throckmorton, PA

9:15-10:45 a.m.

Plenary Session:

Stern—One Year Later

The panel will discuss significant cases construing Stern v. Marshall and will also discuss the practical ramifications the Stern holding appears to be having upon bankruptcy litigation practice.

Jeffrey W. Kelley, Moderator

Troutman Sanders, LLP; Atlanta

Prof. Ralph Brubaker

University of Illinois College of Law; Champaign, Ill.

Robert M. Fishman

Shaw Gussis Fishman Glantz Wolfson & Towbin LLC; Chicago

10:45-11:00 a.m.

Refreshment Break

11:00 a.m.-12:30 p.m.

Concurrent Sessions (repeat)

Preference and Avoidance Actions in Chapters 7 and 13

The panel will explore the following: Which Is Mightier—the Strong-Arm or the Pencil? The Trustee or the Mathematician? Is it True that Mathematical Analysis Is the Secret Weapon for Ordinary Course? Bet It Can’t Correct Title Defects!

Walter W. Kelley, Moderator

Kelley, Lovett, & Blakey, PC; Albany, GA.

Michael L. Newsom

Qorval Creditor Recovery Services LLC; Tampa, Fla.

David M. Warren

Poyner Spruill LLP; Raleigh, N.C.

Creative Battles in Single Asset Real Estate Cases: Use of Rents, Cramdown Strategies and Lenders Buying Equity to Avoid Cramdown!

Bankruptcy Litigation: A Practical Skills Guide

12:30 p.m.

Adjourn

 

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