Wednesday | Thursday | Friday | Saturday
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
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
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
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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