ABI

Southeast Bankruptcy Conference

Thursday   |   Friday   |   Saturday   |   Sunday   |  

Thursday, July 24

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

American Board of Certification Exams

5:00-6:00 p.m.

Emerging Leaders and Judges Roundtable Reception (by 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 Adams and Reese LLP and Bull Realty, Inc

8:30-10:00 p.m.

Dessert Reception

Friday, July 25

7:00-7:30 a.m.

Breakfast

Sponsored by Greenberg Traurig, LLP

7:30-9:00 a.m.

Plenary Session

Consumer Update 2014

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

Hon Mary Grace Diehl

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

Prof. Jessica D. Gabel

Georgia State University College of Law; Atlanta

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

Beach Day

Enjoy a reserved beach area with chairs, towels and beach games — just for Southeast Bankruptcy Workshop attendees!
Sponsored by Deloitte CRG

9:00-9:15 a.m.

Refreshment Break

Sponsored by Alvarez & Marsal

9:15-10:45 a.m.

Concurrent Sessions (4)

Asset-Protection Trusts in Bankruptcy: Creation, Litigation, and Practical Guides to Both

As more states are adopting asset-protection trust statutes, more issues have been arising in bankruptcy when these trusts take center stage in a fraudulent transfer, substantial-abuse, alter-ego or objection-to-discharge battle. This panel will provide insight into the creation of asset-protection trusts, issues that arise when these trusts are challenged in bankruptcy, and practical tips for both creating asset-protection trusts that can withstand bankruptcy challenges and litigating these trusts in bankruptcy.


Bess M. Parrish Creswell, Moderator

Burr & Forman LLP; Mobile, Ala.

Jonathan E. Gopman

Akerman Senterfitt LLP; Naples, Fla.

Hon. Margaret A. Mahoney

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

Eric J. Monzo

Morris James LLP; Wilmington, Del.

After the § 363 Sale: And Now for the Rest of the Story

The panel will discuss and contrast (and will invite the workshop attendees to discuss) the various options for ending chapter 11 cases after the debtor’s assets have been sold, including plans of liquidation, liquidation and litigation trusts, dismissals, structured dismissals and conversion. Issues will include things to consider when planning for the debtor’s wind-down staffing and budget. The panel will also discuss the rest of the story from the perspective of the § 363 purchaser, focusing on recent developments in successor liability.


Jeffrey W. Kelley, Moderator

Troutman Sanders LLP; Atlanta

David K. Bowsher

Adams and Reese LLP; Birmingham, Ala.

William K. Harrington

Office of the U.S. Trustee; New York

Hon. Barbara J. Houser

U.S. Bankruptcy Court (N.D. Tex.); Dallas

Patricia A. Redmond

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

Acquiring the Assets of a Distressed Company: A Buyer’s Guide to Selecting the Best Sale Process

Potential buyers often have significant leverage over distressed sellers of assets and are able to influence or dictate the nature of the sale process. This panel will examine the considerations that a potential buyer of a distressed company should make when it has the opportunity to choose the appropriate process and venue for pursuing such acquisition. We will outline the pros and cons of Article 9 sales (both public and private), receivership sales, § 363 sales and “loan to own” strategies, including with respect to issues related to successor liability, funding considerations, operational concerns, timing, legal risk and deal certainty.


W. Austin Jowers, Moderator

King & Spalding LLP; Atlanta

John F. Isbell

Thompson Hine LLP; Atlanta

Christine L. Myatt

Nexsen Pruet, PLLC; Greensboro, N.C.

Keith M. Northern

Qorval, LLC; Naples, Fla.


CONSUMER TRACK:

Lien-Stripping in Chapter 7 and Chapter 13

This panel will discuss the current status of the law related to lien-stripping in chapter 7 and chapter 20 cases — including an update on the lien-stripping cases pending before the Supreme Court and Eleventh Circuit, and their potential impact on future bankruptcy practice in all chapters.


Nancy J. Whaley, Moderator

Office of Nancy J. Whaley, Standing Chapter 13 Trustee; Atlanta

Ashley Dillman Bruce

Berger Singerman LLP; Fort Lauderdale, Fla.

Isley Markman Gostin

WilmerHale; Washington, D.C.

Hon. John T. Laney, III

U.S. Bankruptcy Court (M.D. Ga.); Columbus

10:45-11:00 a.m.

Coffee Break

Sponsored by Rogers Towers, P.A.

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

Concurrent Sessions (4)

Welcome to the Chapter 11 Races!
Jockeying for Position and Setting the Boundaries for Appropriate First-Day Relief

This panel will present a spirited discussion of what is and is not appropriate to include in first-day motions in chapter 11 cases by examining a hypothetical case that includes an “overachiever” debtor’s counsel and zealous DIP financing counsel, how a judge might rule on these issues, and how the FRBP and any local rules may dictate the result.


Hon. John E. Waites, Moderator

U.S. Bankruptcy Court (D. S.C.); Columbia

Joseph E. Bulgarella

Office of the Bankruptcy Administrator; Tuscaloosa, Ala.

Douglas C. Noble

McCraney, Montagnet, Quin & Noble, PLLC; Ridgeland, Miss.

James S. Rankin, Jr.

Parker, Hudson, Rainer & Dobbs LLP; Atlanta

What You Don’t Know about E-Discovery Can Hurt You: Lessons Learned from Litigation

If you are still printing or PDFing documents in your bankruptcy matters, you could be missing out on other powerful ways to analyze information, save money and time, and shed light on facts that might otherwise go unnoticed. As bankruptcy courts now require the production of electronic documents, learn what can you do avoid headaches, costs and sanctions . In this session, panelists will provide lessons from litigation that are applicable from the simplest bankruptcy to the most massive Madoff-type action — what you need to know about e-discovery, from how to request and produce electronic records (and why you want to), tips for negotiating with your adversaries, steps to take to avoid sanctions, and new technologies to deal with massive amounts of data.


Zachary H. Smith, Moderator

Moore & Van Allen, PLLC; Charlotte, N.C.

Karin Scholz Jenson

BakerHostetler; New York

Adam C. Losey

Foley & Lardner LLP; Orlando

Richard L. Wasserman

Venable LLP; Baltimore

Employment and Benefits Issues in Chapter 11

The panel will discuss employment and benefits issues that frequently arise in chapter 11 cases, including employment contracts, retention and incentive plans, the WARN Act, and the impact of filings on employee benefit plans.


Matthew W. Levin, Moderator

Kilpatrick Townsend & Stockton LLP; Atlanta

Dion W. Hayes

McGuireWoods LLP; Richmond, Va.

Rafael X. Zahralddin-Aravena

Elliott Greenleaf; Wilmington, Del.


CONSUMER TRACK:

Not Just Another Infomercial: The Pros and Cons of the Proposed Chapter 13 Plan Form and Rules Changes

This panel will take an objective look at the viability and the purposes of the proposed national plan form and the amendments to the bankruptcy rules related thereto.


Richard H. Thomson, Moderator

Clark & Washington, LLC; Atlanta

Hon. Susan Barrett

U.S. Bankruptcy Court (S.D. Ga.); Augusta

Beverly M. Burden

Chapter 13 Trustee; Lexington, Ky.

S. Ryan Starks

Phelan Hallinan & Jones, LLC; Atlanta

1:00 p.m.

Optional Event: Golf Tournament

Beverage Cart sponsored by McGuireWoods LLP

1:45-4:15 p.m.

Optional Event: Amelia River Cruise

Saturday, July 26

7:00-7:30 a.m.

Breakfast

7:30-9:00 a.m.

Plenary Session

Business Update 2014

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


Hon. Laurel Myerson Isicoff, Moderator

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

Hon. Mary Grace Diehl

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

Jeffery J. Hartley

Helmsing, Leach, Herlong, Newman & Rouse, PC; Mobile, Ala.

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

Beach Day

Enjoy a reserved beach area with chairs, towels and beach games — just for Southeast Bankruptcy Workshop attendees!
Sponsored by Heritage Equity Partners

9:00-9:15 a.m.

Refreshment Break

Sponsored by Marcum LLP

9:15-10:45 a.m.

Concurrent Repeat Sessions (3)

Welcome to the Chapter 11 Races! Jockeying for Position and Setting the Boundaries for Appropriate First-Day Relief

What You Don’t Know about E-Discovery Can Hurt You: Lessons Learned from Litigation

Employment and Benefits Issues in Chapter 11

Concurrent Session


CONSUMER TRACK:

Residential Mortgage Mediations in Bankruptcy: What Works, and How to Mediate Successfully

This panel will look at several bankruptcy mortgage mediation programs around the country, and will discuss what parties need to do in order to make mortgage mediations successful in consumer bankruptcy cases.


Melissa A. Youngman, Moderator

McCalla Raymer, LLC; Orlando, Fla.

Robert B. Branson

BransonLaw, PLLC; Orlando, Fla.

Stacy Bressler

Law Office of Stacy Bressler; Florida

Hon. Robert A. Mark

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

Laurie K. Weatherford

Chapter 13 Trustee; Winter Park, Fla.

10:45-11:00 a.m.

Refreshment Break

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

Concurrent Repeat Sessions (3)

Asset-Protection Trusts in Bankruptcy: Creation, Litigation, and Practical Guides to Both

After the § 363 Sale: And Now for the Rest of the Story

Acquiring the Assets of a Distressed Company: A Buyer’s Guide to Selecting the Best Sale Process

12:30-1:30 p.m.

Judges’ Roundtable

Sponsored by Womble Carlyle Sandridge & Rice, LLP


You'll have to join us to find out what this one is about. Have lunch with several of the judges at the conference, and have your questions and comments ready.


Hon. Laurel Myerson Isicoff, Moderator

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

Hon. Susan Barrett

U.S. Bankruptcy Court (S.D. Ga.); Augusta

Hon. Mary Grace Diehl

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

Hon. John T. Laney, III

U.S. Bankruptcy Court (M.D. Ga.); Columbus

Hon. Barbara J. Houser

U.S. Bankruptcy Court (N.D. Tex.); Dallas

Hon. Margaret A. Mahoney

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

Hon. Robert A. Mark

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

Hon. John E. Waites

U.S. Bankruptcy Court (D. S.C.); Columbia

1:00-5:00 p.m.

Optional Event: Sporting Clays Tournament

Sponsored by Elliott Greenleaf

2:00 p.m.

Optional Event: Tennis Tournament

Sponsored by Troutman Sanders LLP

2:15-3:45 p.m.

Optional Event: Historic Beach Bicycle Tour

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

Micro-Beer Tasting Reception hosted by the Bankruptcy Litigation Committee

Sponsored by Christian & Barton LLP, McCalla Raymer, LLC, McGuireWoods LLP, Tactical Financial Consulting, LLC and Troutman Sanders RSVP to Martha Cannon at mcannon@abiworld.org required by Tuesday, July 22nd.

7:00-10:00 p.m.

Final Night Dinner

Dinner sponsored by Christian & Small LLP, Reynolds, Reynolds & Little, LLC and Rumberger, Kirk & Caldwell, P.A.
Entertainment sponsored by Kozyak Tropin & Throckmorton, PA

Sunday, July 27

7:00-7:30 a.m.

Breakfast

Sponsored by Burr & Forman LLP

7:30-9:00 a.m.

Plenary Session

Individual Chapter 11 Problems and Solutions, Including LLC Membership Interests, Absolute Priority Rule and Lifestyle Challenges

This panel consists of debtor and creditor lawyers who will debate current problematic issues in chapter 11 cases filed by individuals, including the absolute priority rule and challenges to the lifestyles of wealthy debtors.


Edward J. Peterson, III, Moderator

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

Ward Stone, Jr.

Stone & Baxter, LLP; Macon, Ga.

Jennifer A. Henderson

Bradley Arant Boult Cummings LLP; Birmingham, Ala.

Herbert M. Newell, III

Newell & Holden, LLC; Tuscaloosa, Ala.

9:00-9:15 a.m.

Refreshment Break

Sponsored by Bass Berry & Sims PLC

9:15-10:45 a.m.

Disclosure? We Don’t Need No Stinking Disclosure! Rule 2014 and Conflicts of Interest

Once again, dear fans, Boris Badenough is involved in a hot chapter 11 case — this time involving Time & Lord, the owner of a failed movie franchise, “Fat Contests” (based on the book of the same name about an eat-to-the-death contest involving ordinary citizens in a future ruled by junk-food companies). Boris’s wife, Sophia, has been retained by Dallick Capital, the debtor’s investment banker, to handle the sale of the debtor’s intellectual property. However, Tardis Industries, a potential purchaser and creditor, has a problem with Dallick’s disclosure related to Sophia in its employment application. Further, the debtor’s lead counsel, Ciber & Mann PSC, may also have some disclosure issues as one of Boris’ subsidiaries, Master Industries, is one of their clients — and Boris is now interested in buying the debtor’s intellectual property. Will Sophia remain true to her fiduciary duty to her client, or will she give Boris the deal of the century, and will everyone give disclosure a chance?

Narrator:C.R. "Chip" Bowles
Bingham Greenebaum Doll LLP; Louisville, Ky.
Actors:
Boris Badenough:Robin E. Phelan
Haynes and Boone, LLP; Dallas

Counsel to Boris, Time & Lord: Robert P. Reynolds
Reynolds, Reynolds & Little, LLC; Tuscaloosa, Ala.

Boris's wife; VP Dallick Capital:Jennifer M. Meyerowitz
Epiq Systems, Inc.; Atlanta

Counsel to Dallick Capital, wife:Jerry M. Markowitz
Markowitz, Ringel, Trusty + Hartog, P.A.; Miami

COO of Dallick CapitalKristina M. Johnson
Jones Walker LLP; Jackson, Miss.

Panelists:

Prof. Jessica D. Gabel

Georgia State University College of Law; Atlanta

Edward T. Gavin

Gavin/Solmonese LLC; Wilmington, Del.

Hon. Laurel Myerson Isicoff

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

10:45 a.m.

Adjourn

 

     

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