ABI

Southeast Bankruptcy Conference

Thursday   |   Friday   |   Saturday   |   Sunday

Thursday, July 18, 2013

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 Deloitte CRG and Epiq Systems

Friday, July 19, 2013

7:00-7:30 a.m.

Breakfast

Sponsored by Greenberg Traurig, LLP

7:30-9:00 a.m.

Plenary Session

Consumer Update 2013

There are many changes occurring in consumer bankruptcy law. Find out the latest developments in your neighborhood and around the country.

 

Hon. Laurel Myerson Isicoff, Moderator

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

Neil C. Gordon

Arnall Golden Gregory LLP; Atlanta

Prof. Jeffrey W. Morris

University of Dayton School of Law; Dayton, Ohio

9:00-9:15 a.m.

Refreshment Break

Sponsored by Alvarez & Marsal

9:15-10:45 a.m.

Concurrent Sessions (4)

As If the Bankruptcy Code Isn’t Enough… Let’s Talk Tax!

As if the Bankruptcy Code doesn’t give us enough to ponder, bankruptcy practitioners must consider the impact of the U.S. Tax Code on the decision-making process. This session will address the Internal Revenue Code “section 1398 short year” election and separate entity rules, discharge of tax claims, cancellation of debt (COD) income, and tax issues arising from mortgage modification, foreclosure, and transfer or abandonment of property.

 

Hon. Arthur J. Gonzalez (ret.), Moderator

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

New York University School of Law; New York

Lesley J. Johnson

Kapila & Company; Fort Lauderdale, Fla.

Prof. Jack F. Williams

AIRA Resident Scholar/Georgia State University

Mesirow Financial Consulting, LLC; Atlanta

"Make Them Stop!": The Use of Channeling Injunctions, Bar Orders and Plan Provisions to Prevent or Otherwise Limit Claims

This panel will discuss the creative ways that debtors, committees and settling parties are utilizing channeling injunctions, bar orders and settlements to curtail continued litigation to facilitate settlements in bankruptcy. In particular, the panelists will cover the applicable standards and the benefits that can be obtained for a bankruptcy estate and all settling parties.

 

David A. Wender, Moderator

Alston & Bird LLP; Atlanta

Elizabeth A. Green

Baker Hostetler; Orlando, Fla.

Charles H. Lichtman

Berger Singerman, PA; Fort Lauderdale, Fla.

Hon. Michael G. Williamson

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

Scary Nightmares for Secured Lenders

The panel will address, in an interactive format, the equitable decisions rendered by courts that may modify, diminish or impact secured claims or secured creditors’ pre-petition agreements. For example, the program will cover the limitations on the post-petition effects of a security interest based on the equities of the case, surcharge issues and § 363(k) cause to preclude credit-bidding, as well as other equitable theories.

 

Patricia A. Redmond, Co-Moderator

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

Eric J. Silver, Co-Moderator

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

Hon. Kevin J. Carey

U.S. Bankruptcy Court (D. Del.); Wilmington

Maria Ellena Chavez-Ruark

Saul Ewing LLP; Baltimore

Jules S. Cohen

Akerman Senterfitt LLP; Orlando, Fla.

Prof. Andrew Dawson

University of Miami School of Law; Coral Gables, Fla.

Still Underwater in 2013? Chapter 13 Real Estate Issues in the Post-Mortgage-Crisis World

Although many "experts" predicted that we would be out of the foreclosure crisis well before 2013, many are still dealing with the ramifications of the burst real estate bubble. This session will explore current issues regarding mortgage claims and real property issues in chapter 13 bankruptcy cases, including how the National Mortgage Settlement affects debtors, Bankruptcy Rules 3001 and 3002.1, and general chapter 13 confirmation and cramdown issues.

 

Melissa A. Youngman, Moderator

McCalla Raymer, LLC; Orlando, Fla.

Hon. Wendy L. Hagenau

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

Jeanne A. Kraft

Wolff, Hill, McFarlin & Herron, PA; Orlando, Fla.

10:45-11:00 a.m.

Refreshment Break

Sponsored by King & Spalding LLP

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

Concurrent Sessions (4)

Buyer Beware: The Potential Downsides of Purchasing Claims and Positions in Troubled Businesses

This panel will examine the risks associated with purchasing claims and debt positions for strategic purposes in bankruptcy cases. Issues to be discussed include whether a claim can be purchased free and clear of any defenses to the claim (KB Toys), designation of claims (DBSD), and other risks associated with the purchase of secured and unsecured claims.

 

Mark M. Maloney, Moderator

King & Spalding LLP; Atlanta

James Hadfield

Guggenheim Securities, LLC; Atlanta

Felton Parrish

Winston & Strawn LLP; Charlotte, N.C.

Jeffrey D. Prol

Lowenstein Sandler PC; Roseland, N.J.

Who’s Driving the Bus? CROs and Receivers for Hotels and Multi-Family/Multi-Use Developments; Pre-Petition and Post-Petition Considerations and Issues

This panel is designed to give practical advice, including checklists, to attorneys, lenders and other insolvency professionals dealing with a pre-petition receivership action in state or federal court, as well as the appointment of a chief restructuring officer (CRO) in a chapter 11 case, with an emphasis on hotels and multi-family/multi-use developments.

 

Joe Joseph, Moderator

Burr & Forman LLP; Birmingham, Ala.

Cory G. Jackson, Jr.

Jackson Hospitality Services; Birmingham, Ala.

John Makuch

Alvarez & Marsal; Atlanta

Joel R. Tew

Tew & Associates; New Port Richey, Fla.

Transcendental Mediation: Paving the Way for Inner Peace, Reduced Anxiety and Settlement

Overview of the legal landscape for mediation; selecting the mediator (identifying the essential traits and differing styles of a mediator that are suitable for a particular controversy); potential attorney conflicts in mediation; preparing yourself and your client for the mediation; effective use of pre-mediation statements; good, bad and ugly strategies for opening statements; preparing for potential roadblocks in a mediation; effective bargaining strategies; utilizing the mediator to your best advantage; and documenting the settlement agreement.

 

C. Edward Dobbs, Moderator

Parker, Hudson, Rainer & Dobbs LLP; Atlanta

Judy D. Thompson

JD Thompson Law; Charlotte, N.C.

Charles W. Throckmorton

Kozyak Tropin & Throckmorton, PA; Miami

“It’s What?” Priority and Nondischargeable Claims in Consumer Cases

The panel will discuss the pitfalls that chapter 13 debtors encounter when dealing with claims that may or may not be dischargeable or have priority status.

 

Richard H. Thomson, Moderator

Clark & Washington, PC; Atlanta

Jeffrey Ainsworth

Law Office of Robert Bailey Branson; Orlando, Fla.

Hon. Margaret A. Mahoney

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

Laurie K. Weatherford

Chapter 13 Trustee; Winter Park, Fla.

1:00 p.m.

Optional Event: Golf Tournament


1:00 p.m. - 6:00 p.m.

Optional Event: Heavy-Hitter Fishing Outing


1:30 p.m. - 4:45 p.m.

Optional Event: Kayaking


Saturday, July 20, 2013

7:00-7:30 a.m.

Breakfast

7:30-9:00 a.m.

Plenary Session

Business Update 2013

Find out the latest happenings in all the Southern Districts. What can impact your practice? What should?

 

Hon. Laurel Myerson Isicoff, Moderator

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

Prof. Jeffrey W. Morris

University of Dayton School of Law; Dayton, Ohio

Henry C. Shelton, III

Adams and Reese LLP; Memphis, Tenn.

9:00-9:15 a.m.

Refreshment Break

Sponsored by GCG

9:00 a.m.-1:00 p.m.

Optional Event: SALT Cooking School

9:15-10:45 a.m.

Concurrent Sessions (repeat)

Buyer Beware: The Potential Downsides of Purchasing Claims and Positions in Troubled Businesses

Who’s Driving the Bus? CROs and Receivers for Hotels and Multi-Family/Multi-Use Developments; Pre-Petition and Post-Petition Considerations and Issues

Transcendental Mediation: Paving the Way for Inner Peace, Reduced Anxiety and Settlement

Seeking the Truth: How to Effectively Take and Defend a 2004 Exam

We will explore the nuts and bolts of motions, scheduling and transcript review of a 2004 examination and the differences between a 2004 examination and a deposition. Learn techniques on prepping a witness for examination, how to handle the hostile witness, which objections should be preserved during the examination, and other tips and pointers to ensure that your examination is successful.

 

Nancy J. Whaley, Moderator

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

B. Summer Chandler

McKenna Long & Aldridge LLP; Atlanta

Jennifer B. Kimble

Haskell Slaughter Young & Rediker, LLC; Birmingham, Ala.

Jennifer M. McLemore

Christian & Barton, LLP; Richmond, Va.

10:45-11:00 a.m.

Coffee Break

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

Concurrent Sessions (repeat)

As If the Bankruptcy Code Isn’t Enough… Let’s Talk Tax!

"Make Them Stop!": The Use of Channeling Injunctions, Bar Orders and Plan Provisions to Prevent or Otherwise Limit Claims

Scary Nightmares for Secured Lenders

Powers of the Chapter 7 Trustee: Carve-out, Sale of Assets and Short Sales in Chapter 7

Discussion on the chapter 7 trustees’ powers to do a carve-out, the new use of short sales in chapter 7, and the most effective way to sell assets in today’s economic environment. Does the creditor have a say in the trustee’s course of action?

 

Diane P. Furr, Moderator

Poyner Spruill LLP; Charlotte, N.C.

C.R. “Chip” Bowles

Bingham Greenebaum Doll LLP; Louisville, Ky.

Richard M. Dauval

Leavengood, Nash, Dauval & Boyle, P.A.; St. Petersburg, Fla.

12:30 - 1:30 p.m.

Optional Event: Judges’ Roundtable

You'll have to join us to find out what this one is about. Have lunch with several of the judges at the conference; have your questions and comments ready. If you would like to include a boxed lunch ($50/person), please check the appropriate box on the registration form. You may also bring your own lunch, but don't be late!!!!

 

Hon. Laurel Myerson Isicoff

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

Hon. Kevin J. Carey

U.S. Bankruptcy Court (D. Del.); Wilmington

Hon. Margaret A. Mahoney

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

Hon. Pamela Pepper

U.S. Bankruptcy Court (E.D. Wis.); Milwaukee

Hon. Frank J. Santoro

U.S. Bankruptcy Court (E.D. Va.); Norfolk

Hon. Michael G. Williamson

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


1:00 p.m.

Optional Event: Tennis Tournament

Sponsored by Troutman Sanders LLP

2:00 p.m. - 3:45 p.m.

Optional Event: Horseback Riding on the Ritz-Carlton Trails

5:00 p.m. - 6:00 p.m.

Gin Tasting Reception hosted by the Bankruptcy Litigation Committee

Sponsored by Christian & Barton LLP, HunterMaclean, McGuireWoods LLP, McKenna Long & Aldridge LLP, Tactical Financial Consulting, LLC

RSVP required by July 18th to Maggie Bradshaw:mbradshaw@abiworld.org

7:00-10:00 p.m.

Final Night Dinner

Entertainment Sponsored by Kozyak Tropin & Throckmorton, PA

Sunday, July 21, 2013

7:00-7:30 a.m.

Breakfast

7:30-9:00 a.m.

Plenary Session:

Plenary Session: A Magical Marriage, or Is He Just a Troll? The Divorce of Boris Badenough

This year’s installment of the Boris Badenough ethics play centers primarily around Boris’s romantic problems, rather than his traditional financial woes. Boris’s latest wife, Sophia “Sting” Shire, an up-and-coming photo artist, has just filed for divorce and is seeking to void her prenuptial agreement with Boris so she can get the $100,000 per week in support she believes she is entitled to. Boris isn’t distressed about the loss of his sixth (or is it seventh?) wife, but the fact she wants money and half of his massive snowglobe collection enrages him. However, Boris has a plan to put Sting into an involuntary bankruptcy with two other creditors, have a trustee appointed (Boris does know how to dig up dirt!) and settle any claims that Sting may have with her trustee for a small amount of his hoard.

Unfortunately for Boris, Sting and her counsel, Bill “Bo” Baggins, have a few tricks of their own up their sleeves, including the discovery of Boris’s deepest and perhaps most profitable secrets in Hidden Hoard LLC, a company Sting owns 1% of (through Boris’s attempt to make her a minority contractor). Will Baggins and Sting be able to discover the secret Hidden Hoard, or will Boris’s counsel, Tom “Bomber” Dill, prevail and save his client’s “preeciousss”?

Geek Announcer:

C.R. “Chip” Bowles Jr., Announcer

Bingham Greenebaum Doll LLP; Louisville, Ky..

Cast:

Boris Badenough:

Robin Phelan

Haynes and Boone, LLP; Dallas


Tom Dill of Redd & Dragon:

Robert P. Reynolds

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


Sting Shire:

Jennifer M. Meyerowitz

Epiq Systems, Inc.; Atlanta


Bill Baggins of Hobbs and Hoyle:

Eric W. Anderson

Parker, Hudson, Rainer & Dobbs; Atlanta


Panelists:

Rudy J. Cerone

McGlinchey Stafford, PLLC; New Orleans

Prof. Jaime Dodge

University of Georgia School of Law; Athens, Ga.

Hon. Laurel Myerson Isicoff

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

Jennifer M. McLemore

Christian & Barton, LLP; Richmond, Va.

Shayna M. Steinfeld

Steinfeld & Steinfeld, PC; Atlanta

9:00-9:15 a.m.

Refreshment Break

9:15-10:45 a.m.

I Have a Bad Feeling about This: When Bankruptcy and Criminal Law Collide

Being a debtor isn’t a crime, but some debtors are criminals. This panel will discuss various ethical, civil and criminal issues that can arise in a bankruptcy case, including an attorney's duties following the discovery of possible criminal acts by a current/prospective client, how to get paid and not go to prison, the scope of the Fifth Amendment privilege, and obligations arising from a criminal subpoena.

 

J. Ellsworth Summers, Jr., Moderator

Rogers Towers, PA; Jacksonville, Fla.

Henry M. Coxe, III

Bedell, Dittmar, Debault, Pillans & Coxe, P.A.; Jacksonville, Fla.

Jeffrey W. Kelley

Troutman Sanders LLP; Atlanta

Hon. Pamela Pepper

U.S. Bankruptcy Court (E.D. Wis.); Milwaukee

Hon. Frank J. Santoro

U.S. Bankruptcy Court (E.D. Va.); Norfolk

10:45 a.m.

Adjourn

 

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