ABI

21st Annual Southwest Bankruptcy Conference

Thursday   |   Friday   |   Saturday

Thursday, August 22, 2013

8:00 a.m.

Optional Event

Golf Tournament at Incline Village Championship Course

Sponsored by Snell & Wilmer LLP

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

American Board of Certification Exams

2:30-3:30 p.m.

Rolling CLE Motor Coach from Reno Airport

Thursday, August 22: Leaves Reno Airport at 2:00 p.m. and arrives at the Hyatt Regency Lake Tahoe at approximately 3:30 p.m.

Saturday, August 24: Leaves Hyatt Regency Lake Tahoe at 1:00 p.m. and arrives at Reno Airport at approximately 2:00 p.m.

3:00-6:00 p.m.

ABI Registration Desk Open

5:00-6:00 p.m.

New Member Practice Tips Session

6:00-8:00 p.m.

Opening Reception

Sponsored by AlixPartners LLP, Crowe Horwath LLP, East West Bank, Fox Rothschild LLP, Gordon Silver, Grant Thornton LLP, Winston & Strawn LLP

Friday, August 23, 2013

6:00-8:00 a.m.

Optional Event

Early-Riser Tahoe Shoreline Hike

7:00 a.m.-5:00 p.m.

ABI Registration Desk Open

7:30-8:00 a.m.

Networking Breakfast

Sponsored by Ernst & Young Capital Advisors LLC and Greenberg Traurig, LLP

8:00-9:30 a.m.

Very Good Debates

Mitchell Ryan, Moderator

Rust Omni; Orange, Calif.

Business Debate

Resolved: Success fees for financial advisors should be eliminated.
(Sides to be chosen by a coin toss at the beginning of the session.)

Candace C. Carlyon

Shea & Carlyon Ltd.; Las Vegas

Frank A. Merola

Stroock & Stroock & Lavan LLP; Los Angeles

Judicial Debate

Resolved: Claims benefiting from third-party guaranties may be separately classified.

Pro: Hon. Barry Russell

U.S. Bankruptcy Court (C.D. Calif.); Los Angeles

Con: Hon. Eileen W. Hollowell

U.S. Bankruptcy Court (D. Ariz.); Tucson

Consumer Debate

Resolved: Section 523(a)(8) limiting discharge of student loans should be eliminated.

Pro: Kasey Cameron Nye

Mesch, Clark & Rothschild, PC; Tucson, Ariz.

Con: Madeleine C. Wanslee

Gust Rosenfeld, PLC; Phoenix

9:30-9:45 a.m.

Coffee Break

Sponsored by Loeb & Loeb LLP

9:45-11:00 a.m.

Concurrent Sessions (4)

The Ins and Outs of DIP Financing: Good Money after Bad (How to Make DIP Financing Better)

This panel will address current developments and improvements in DIP financing, including incurring credit in the ordinary course, priming liens, fairness, adequate protection, loan fees, mootness and good faith.

Howard J. Weg, Moderator

Peitzman Weg LLP; Los Angeles

Hon. Bruce T. Beesley

U.S. Bankruptcy Court (D. Nev.); Reno

Kenneth N. Russak

Frandzel Robins Bloom & Csato, LC; Los Angeles

Alexander William Stevenson

Lincoln International, LLC; Los Angeles

Jennifer Taylor

O'Melveny & Myers LLP; San Francisco

Current Developments in Chapter 11

This panel includes practitioners and a distinguished bankruptcy judge who will survey current business bankruptcy developments, including a wide range of issues from bankruptcy courts’ jurisdiction, venue and constitutional authority to other practical issues affecting estate professionals, plan confirmation and enforcement, avoidance actions and other bankruptcy-related litigation.

Aaron M. Kaufman, Moderator

Cox Smith Matthews Incorporated; Dallas

Hon. Laurel E. Davis

U.S. Bankruptcy Court (D. Nev); Las Vegas

Daniel J. McGuire

Winston & Strawn LLP; Chicago

Christine M. Pajak

Stutman, Treister & Glatt PC; Los Angeles

Hon. Erithe A. Smith

U.S. Bankruptcy Court (C.D. Cal.); Santa Ana

Hot Topic 1: Fraud, Clawbacks and Other Aggressive Recovery Tactics

No asset cases, not so fast. The treasure trove of invisible assets: avoidable transfers, fraud claims, clawbacks and other approaches to finding assets in assetless cases.

Steven M. Berman, Moderator

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

Geoffrey L. Berman

Development Specialists, Inc.; Los Angeles

Michael J. Gearin

K&L Gates LLP; Seattle

Hon. Margaret M. Mann

U.S. Bankruptcy Court (S.D. Cal.); San Diego

David R. Zaro

Allen Matkins Leck Gamble Mallory & Natsis LLP; Los Angeles


Consumer Track

Individual Chapter 11s

Since more individuals have been seeking relief under chapter 11, this panel will explore many of the challenging issues surrounding individual chapter 11 cases and things that practitioners need to know to successfully navigate these kinds of cases, including post-petition expenditures, plan requirements and absolute-priority issues, retention and employment issues, fiduciary duties and related items.

James T. Markus, Moderator

Markus Williams Young & Zimmermann, LLC; Denver

Hon. Christopher M. Klein

U.S. Bankruptcy Court (E.D. Cal.); Sacramento

Samuel A. Schwartz

The Schwartz Law Firm, Inc.; Las Vegas

Ovsanna Takvoryan

Takvoryan Law Group, PC; Glendale, Calif.

11:00-11:15 a.m.

Coffee Break

Sponsored by Alvarez & Marsal; KCC and Proskauer

11:15 a.m.-12:30 p.m.

Concurrent Sessions (4)

Being Fair, Equitable and Successful: Advanced Confirmation Issues

Justin E. Rawlins, Moderator

Winston & Strawn LLP; Los Angeles

Gerald M. Gordon

Gordon Silver; Las Vegas

Hon. Stephen L. Johnson

U.S. Bankruptcy Court (N.D. Cal.); San Jose

Thomas R. Kreller

Milbank, Tweed, Hadley & McCloy LLP; Los Angeles

363 Sales: Is the Fast Track the Right One?

This panel will discuss the obstacles that debtors and creditors face when attempting to effectuate a sale of a debtor’s assets through a fast-track § 363 sale motion at the outset of a case. The discussion will include (a) the advantages and disadvantages, from both the debtor and creditor perspective, of selling a debtor’s assets through a motion as opposed to a plan, (b) limitations of “free and clear” relief, (c) valuation and marketing on a short timeframe, and (d) insider transactions.

John William Lucas, Moderator

Pachulski Stang Ziehl & Jones LLP; San Francisco

Richard A. Chesley

DLA Piper; Chicago

Hon. Laurel E. Davis

U.S. Bankruptcy Court (D. Nev); Las Vegas

Ori Katz

Sheppard, Mullin, Richter & Hampton LLP; San Francisco

Cynthia Nelson

FTI Consulting, Inc.; Los Angeles

Hot Topic 2: Getting Your Documents and Electronic Data into Evidence

This panel will discuss the challenges and techniques for getting business records, reports and electronic data into the record, including concerns regarding privileges. The panel will focus on the issues faced by bankruptcy practitioners who represent trustees, debtors in possession, committees and creditors.

Matthew C. Heyn, Moderator

Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles

Hon. Eileen W. Hollowell

U.S. Bankruptcy Court (D. Ariz.); Tucson

Frederick J. Petersen

Mesch, Clark & Rothschild, PC; Tucson, Ariz.

Jack Seward

Jack Seward & Assoc. LLC; Flanders, N.Y.


Consumer Track

Chapter 13 Roundtable

This panel will feature discussion, comments and thoughts on the proposed national uniform chapter 13 plan. Participate in an in-depth discussion on the changes coming to your chapter 13 practice.

Brian L. Shaw, Moderator

Shaw Fishman Glantz & Towbin LLC; Chicago

John R. Bollinger

Boleman Law Firm PC; Hampton, Va.

Hon. Randall L. Dunn

U.S. Bankruptcy Court (D. Ore.); Portland

Kathleen A. Leavitt

Las Vegas

12:30-1:15 p.m.

Networking Luncheon

Sponsored by Piper Jaffray & Co. and Squire Sanders

1:15-2:15 p.m.

Report from the ABI Commission to Study the Reform of Chapter 11

Robert J. Keach, Bernstein Shur; Portland, Maine

2:15-3:30 p.m.

Concurrent Sessions (3)

363 Sales: Is the Fast Track the Right One? (Repeat)

Hot Topic 3: Valuation

This panel discussion will provide an update on recent developments regarding valuation in a distressed or bankruptcy environment. While some general valuation information will be included for context, the focus is on understanding the nature of current issues and their implications on future cases.

Nicole Horton, Moderator

Ernst & Young Capital Advisors LLC; Los Angeles

Eric R. Carlson

Imperial Capital, LLC; San Francisco

Patrick A. Clisham

Engelman Berger, PC; Phoenix

Hon. Daniel P. Collins

U.S. Bankruptcy Court (D. Ariz.); Phoenix


Consumer Track

Current Developments

Shelley D. Krohn, Moderator

Shelley D. Krohn, Ltd.; Las Vegas

Louis M. Bubala, III

Armstrong Teasdale LLP; Reno, Nev.

Hon. C. Ray Mullins

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

Brian D. Shapiro

Law Office of Brian D. Shapiro; Las Vegas

3:30-3:45 p.m.

Refreshment Break

Sponsored by McGladrey LLP, Pachulski Stang Ziehl & Jones LLP, and Tiger Group | Asset Intelligent

3:45-5:00 p.m.

Concurrent Sessions (3)

Being Fair, Equitable and Successful: Advanced Confirmation Issues (Repeat)

Hot Topic 4: Shoulda Woulda Coulda: Lessons in How Things Got Out of Hand and What We Could Have Done Differently

It’s a jungle out there! Learn the skills and practice tips you need to tame that jungle from seasoned bankruptcy practitioners who have faced the jungle and won, on a variety of professional levels.

Lynnette R. Warman, Moderator

Hunton & Williams LLP; Dallas

Rob Charles

Lewis and Roca LLP; Tucson, Ariz.

Kathryn Coleman

Hughes Hubbard & Reed LLP; New York

Matthew E. Kvarda

Alvarez & Marsal; Los Angeles

Hon. Linda B. Riegle

U.S. Bankruptcy Court (D. Nev.); Las Vegas


Consumer Track

Pigs Get Fat, Hogs Get Slaughtered: Pre-bankruptcy Planning and Dischargeability

Allan D. NewDelman, Moderator

Allan D. NewDelman; Phoenix

Diane L. Drain

Law Office of Diane L. Drain, PA; Phoenix

Hon. Frank L. Kurtz

U.S. Bankruptcy Court (E.D. Wash.); Yakima

William N. Lobel

The Lobel Firm, LLP; Newport Beach, Calif.

Brian D. Shapiro

Law Office of Brian D. Shapiro; Las Vegas

5:00-6:00 p.m.

Networking Reception

Sponsored by Deloitte CRG, FTI Consulting, Inc. and GCG

7:30 p.m.

Optional Event

Lake Tahoe Shakespeare Festival: A Midsummer Night’s Dream at Sand Harbor State Park

Saturday, August 24, 2013

8:00 a.m.-12:00 noon

ABI Registration Desk Open

8:30-9:00 a.m.

Networking Breakfast

Sponsored by Development Specialists, Inc. and Engelman Berger, PC

9:00-10:15 a.m.

Hotcakes and Hot Topics: Judges’ Roundtable Q&A

This panel will feature a roundtable discussion with bankruptcy judges from the Ninth Circuit and across the country. The judges will share their thoughts and perspectives, as well as take questions from the audience, on topics of current interest in both business and consumer cases.

10:15-10:30 a.m.

Coffee Break

Sponsored by Gavin/Solmonese LLC and Shumaker, Loop & Kendrick, LLP

10:30-11:45 a.m.

Plenary Session

Ethics: Disagreeing without Being Disagreeable: The Case for Civility

“There is a vague and popular belief that lawyers are necessarily dishonest.” —Abraham Lincoln, July 1, 1850.

This panel will explore the struggles of being both civil and persuasive and how our actions affect the reputation of the legal profession in society. The panel will also provide an update on the status of the ABI Civility Task Force.

James Patrick Shea, Moderator

Shea & Carlyon Ltd.; Las Vegas

Rudy J. Cerone

McGlinchey Stafford, PLLC; New Orleans

Larry Feldman, Jr.

McGlinchey Stafford, PLLC; New Orleans

Patricia A. Redmond

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

Deborah L. Thorne

Barnes & Thornburg LLP; Chicago

Hon. Gregg W. Zive

U.S. Bankruptcy Court (D. Nev.); Reno

11:45 a.m

Adjourn

12:00 noon

Optional Event

Catamaran Cruise on Lake Tahoe

Network, relax and unwind after the conference on this two-hour catamaran tour leaving from the docks of the Hyatt Regency. Sail aboard the 55' catamaran with an experienced captain and crew! The cruise includes beer, white wine, soda, water and light hors d'oeuvres. The cost is $65 per person; please mark the appropriate box on the registration form and pack a warm jacket and rubber-soled shoes!

1:00-2:00 p.m.

Rolling CLE Motor Coach to Reno Airport

Thursday, August 22: Leaves Reno Airport at 2:00 p.m. and arrives at the Hyatt Regency Lake Tahoe at approximately 3:30 p.m. Saturday, August 24: Leaves Hyatt Regency Lake Tahoe at 1:00 p.m. and arrives at Reno Airport at approximately 2:00 p.m.


That’s right: Rolling CLE! Pass the time in a luxury motor coach on your way from Reno International Airport to the Hyatt Regency Lake Tahoe with fellow ABI members (and some light refreshments)! You’ll get some laughs, some great networking and best of all, a full hour of ETHICS! The $150 per-person fee includes round-trip transportation and CLE credit. The return motor coach will leave on Saturday, August 24, at 1:00 p.m., arriving at the Reno airport at approximately 2:00 p.m. Please plan your flights accordingly.

 

Mark your calendar

On-site Registration Only

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