24th Annual Rocky Mountain Bankruptcy Conference

Sessions

Event Information 266180

Schedule
Conference Information
Advisory Board
Sponsors
Rates

Thursday, January 24

10:00-11:45 a.m.

IWIRC Program (separate registration)

Ethical Issues, Rules and Pitfalls in Bankruptcy Law

This panel will discuss bankruptcy law ethics issues, including the applicability of the attorney/client privilege after conversion of a chapter 11 case to a case under chapter 7, who the client is when a CRO has been appointed, the extent of the attorney/client privilege when debtor’s counsel is subpoenaed for information in a chapter 15 case, chapter 13 filings when the client is unable to fund the attorneys’ fees for a chapter 7, and bifurcation of consumer chapter 7 fees.

Anne Zoltani, Moderator

Bankruptcy Appellate Panel (10th Cir.); Denver

Jessica G. McKinlay

Dorsey & Whitney LLP; Palo Alto, Calif.

Elaine A. Monson

Ray Quinney & Nebeker; Salt Lake City

Tami Gadd-Willardson

Office of the Chapter 13 Trustee; Salt Lake City

11:00 a.m.

ABI Registration Desk and Exhibit Hall Open

12:00-12:45p.m.

Lunch

12:45-1:45 p.m.

Luncheon Keynote

As Good as It Gets: The State of the Economy

This session will cover the current economic environment in Utah and the U.S. Take part in this lively discussion on the trending issues that impact the economy, such as employment, wages, interest rates and population growth, and learn how to prepare for success in an uncertain economy.

Robert Spendlove

Zions Bank; Salt Lake City

1:45-3:00 p.m.

Concurrent Sessions

The Good, the Bad, and the Ugly: Accounting Basics for Bankruptcy Professionals

This panel will discuss some accounting basics in terms of what trustees and creditors can learn about the debtor early in a case from various financial documents, information gleaned from tax returns beyond just refunds pending, when and why valuations are needed and the methods and assumptions to consider, and the use of cash collateral budgets and projections.

Gil A. Miller, Moderator

Rocky Mountain Advisory; Salt Lake City

Vernon L. Calder

Berkeley Research Group, LLC; Salt Lake City

John H. Curtis

Rocky Mountain Advisory; Salt Lake City

Anne Eberhardt

Gavin/Solmonese LLC; New York

Hon. Kimberley H. Tyson

U.S. Bankruptcy Court (D. Colo.); Denver

Some Like It Hot: Topics and Rules Update

Join this panel of experts from across the country as they discuss and analyze the latest issues and recent important bankruptcy and insolvency decisions from the Supreme Court, circuit courts of appeals and lower courts, and what issues could soon be addressed by the appellate courts.

Hon. Elizabeth E. Brown, Moderator

U.S. Bankruptcy Court (D. Colo.); Denver

Kenneth J. Buechler

Buechler & Garber LLC; Denver

Peggy Hunt

Dorsey & Whitney LLP; Salt Lake City

Keri L. Riley

KutnerBrinen, PC; Denver

A Fistful of Dollars: Thorny Chapter 11 Plan Confirmation Issues and How to Address Them

This panel will explore four challenging chapter 11 plan confirmation issues and potential ways to resolve them: (1) the appropriate cramdown interest rate; (2) the absolute priority rule; (3) plan exculpations and releases; and (4) creative ways to treat recalcitrant creditors (including unimpairment, reinstatement, contract assumption and other means).

George B. Hofmann, Moderator

Cohne Kinghorn, P.C.; Salt Lake City

James T. Markus

Markus Williams & Young LLC; Denver

Richard E. Mikels

Pachulski Stang Ziehl & Jones; New York

Hon. R. Kimball Mosier

U.S. Bankruptcy Court (D. Utah); Salt Lake City

Hon. Michael E. Romero

U.S. Bankruptcy Court (D. Colo.); Denver

3:00-3:30 p.m.

Refreshment Break

3:30-4:45 p.m.

Concurrent Sessions

The Matrix: New Technology in Bankruptcy: Artificial Intelligence, Cybersecurity, Blockchain and Virtual Currency

Join a panel of technology experts as they explore how cutting-edge technology is impacting the practice of law in the bankruptcy sector. Panelists will discuss the up-and-coming role of artificial intelligence in legal research and case analysis and issues of cybersecurity. The panel will next shift its focus to a discussion of how blockchain and virtual currency might influence your next case. Do not get left behind; come learn how the future has arrived for bankruptcy practitioners.

John F. Young, Moderator

Markus Williams & Young LLC; Denver

Jake Heller

Casetext; San Francisco

Elaina M. Maragakis

Ray Quinney & Nebeker; Salt Lake City

Brian M. Rothschild

Parsons Behle & Latimer; Salt Lake City

Bryce Suzuki

Bryan Cave Leighton Paisner LLP; Phoenix

A License to Kill: Executory IP Contracts, Licenses and Intellectual Property Transactions in Bankruptcy

This panel will discuss exclusive and non-exclusive IP licenses and executory contract assumption as well as the assignment of IP Licenses, security interests in IP Licenses and a case study regarding the valuation and marketing of IP in the context of insolvency or forced sales.

Chad S. Caby, Moderator

Lewis Roca Rothgerber Christie LLP; Denver

Weston Anson

CONSOR IP Consulting and Valuation; La Jolla, Calif.

Eric E. Johnson

Sherman & Howard L.L.C.; Denver

Elizabeth R. Loveridge

Strong & Hanni; Salt Lake City

Hon. Thomas B. McNamara

U.S. Bankruptcy Court (D. Colo.); Denver

Walk the Line: Pushing Lenders' Rights to the Limits

This panel will explore the enforceability of special-purpose entities, springing guarantees, blocking directors and intercreditor agreements.

Sherilyn A. Olsen, Moderator

Holland & Hart LLP; Salt Lake City

Troy J. Aramburu

Snell & Wilmer L.L.P.; Salt Lake City

Caroline Case Fuller

Fairfield & Woods, PC; Denver

Aram Ordubegian

Arent Fox LLP; Los Angeles

Hon. Joseph G. Rosania

U.S. Bankruptcy Court (D. Colo.); Denver

4:45-6:30 p.m.

Networking Reception

Friday, January 25

7:30 a.m.

Registration Desk and Exhibit Hall Open

7:30-8:00 a.m.

Breakfast

8:00-8:55 a.m.

Judgment Day: Judges’ Roundtable

Featuring the judges of the 24th Annual Rocky Mountain Bankruptcy Conference.

9:00-10:15 a.m.

Concurrent Sessions

Consumer Workshop I
My Cousin Vinny: Evidence and Trial Skills in Consumer Bankruptcy Cases, Including Challenges in Consumer Representation: Part I

Tami Gadd-Willardson

Office of the Chapter 13 Trustee; Salt Lake City

Hon. John P. Gustafson

U.S. Bankruptcy Court (N.D. Ohio); Toledo

Sarah Olson

U.S. Bankruptcy Court (D. Utah); Salt Lake City

Good Will Hunting and Other Timely Commercial Law Issues in Bankruptcy

This panel will address issues related to (1) whether a blanket lienholder has a lien on the going concern or goodwill of a debtor under Article 9 of the UCC and how this complicated issue works out in the context of a chapter 11 case, (2) navigating §552 in regards to the post-petition effect of a pre-petition security interests, and (3) reclamation claims under §503(b)(9), including disputes between inventory lienholders and reclamation claimholders, and questions of when receipt of goods occurs, whether goods delivered to a debtor’s customer qualify for reclamation, and whether utility services are considered “goods” under §503(b)(9).

Kenneth L. Cannon II, Moderator

Durham Jones & Pinegar; Salt Lake City

Michael R. Johnson

Ray Quinney & Nebeker; Salt Lake City

Prof. Juliet M. Moringiello

Widener Commonwealth Law School; Harrisburg, Pa.

Jeffrey M. Reisner

Irell & Manella LLP; Newport Beach, Calif.

Hon. William T. Thurman

U.S. Bankruptcy Court (D. Utah); Salt Lake City

Repeat Concurrent Session

Walk the Line: Pushing Lenders’ Rights to the Limits

10:15-10:45 a.m.

Coffee Break

10:45 a.m.-12:00 noon

Concurrent Sessions

Consumer Workshop II
My Cousin Vinny: Evidence and Trial Skills in Consumer Bankruptcy Cases, Including Challenges in Consumer Representation: Part II

Repeat Concurrent Sessions

Some Like It Hot: Topics and Rules Update

A License to Kill: Executory IP Contracts, Licenses and Intellectual Property Transactions in Bankruptcy

12:00-12:30 p.m.

Lunch

12:30-1:30 p.m.

Luncheon Keynote

Witness: The Honorable Practice of Bankruptcy

Ralph R. Mabey

Kirton McConkie PC; Salt Lake City

1:45-3:00 p.m.

Concurrent Sessions

Consumer Workshop III
The Perfect Storm: Working with Trustees and Navigating Complex Cases

This panel will delve into the roles of chapter 7 trustees and debtor’s counsel in complex cases, including (1) due diligence, planning and preparation for chapter 7 cases; (2) trustees' perspectives (when to start digging); (3) dealing with business ownership interests in individual cases; (4) risks to individual principals when entities file bankruptcy; and (5) getting paid in complex cases.

Deanna L. Westfall, Moderator

Weinstein & Riley, P.S.; Broomfield, Colo.

David M. Cook

David M. Cook, PC; Salt Lake City

Duane H. Gillman

Durham Jones & Pinegar; Salt Lake City

Hon. Joel T. Marker

U.S. Bankruptcy Court (D. Utah); Salt Lake City

Adelaide Maudsley

People’s Intermountain Bank; Salt Lake City

Repeat Concurrent Sessions

The Good, the Bad, and the Ugly: Accounting Basics for Bankruptcy Professionals

Good Will Hunting and Other Timely Commercial Law Issues in Bankruptcy

3:00-3:30 p.m.

Refreshment Break

3:30-4:45 p.m.

Concurrent Sessions

Consumer Workshop IV
The Searchers: Consumer Hot Topics and Case Law Update

Hon. Kevin R. Anderson, Moderator

U.S. Bankruptcy Court (D. Utah); Salt Lake City

Alane A. Becket

Becket & Lee, LLP; Malvern, Pa.

Theodore J. Hartl

Ballard Spahr LLP; Denver

Mark S. Middlemas

Lundberg & Associates, PC; Salt Lake City

Hon. Cathleen D Parker

U.S. Bankruptcy Court (D. Wyo.); Cheyenne

Repeat Concurrent Sessions

The Matrix: New Technology in Bankruptcy: Artificial Intelligence, Cybersecurity, Blockchain and Virtual Currency

A Fistful of Dollars: Thorny Chapter 11 Plan Confirmation Issues and How to Address Them

4:45-6:30 p.m.

Networking Reception

Conference Information

Hotel

Discover vibrant Salt Lake City at the Salt Lake Marriott Downtown at City Creek. Located in the heart of the city, the hotel offers upscale amenities and easy access to the area’s most popular attractions, including the city’s premier shopping, dining and entertainment district, City Creek — which is right next door.

A block of rooms is being held on a first-come, first-served basis. The special room rate is $199 per night; reservations must be made by January 2, 2019, to secure the special rate. A link to make reservations will be provided in your registration confirmation. Please make your reservations early. ABI cannot guarantee anyone a room after the ABI block is filled.

IWIRC Program

The International Women’s Insolvency and Restructuring Confederation will hold its annual three-hour program prior to the start of the Rocky Mountain Bankruptcy Conference on Thursday, January 24. The cost is an additional $75; please mark the appropriate box on the registration form to attend.

Transportation

Salt Lake City International Airport (SLC) is just six miles away. Cab fares are approximately $25.

Conference Attire

Attire is business casual throughout the conference.

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by January 3, 2019. No refunds will be granted after January 3, but substitutions will be allowed. After January 3, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the canceling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.

Continuing Education

Rocky Mountain Bankruptcy Conference: Approval for approximately 10.25 hours of CLE credit, including 1 hour of ethics, is pending in states calculating CLE on a 60-minute hour, and 12.5 hours of CLE credit, including 1 hour of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. California MCLE: ABI certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 10.25 hours, of which 1 hour will apply to legal ethics. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 12.5 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 1 hour of ethics, are also available.

Rocky Mountain Consumer Workshop: Approval for approximately 7 hours of CLE credit, including 1 hour of ethics, is pending in states calculating CLE on a 60-minute hour, and 8.25 hours of CLE credit, including 1 hour of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. California MCLE: ABI certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 7 hours, including 1 hour of ethics. NY MCLE: This traditional program has been approved in accordance with the requirements of the CLE Board for a maximum of 8 credit hours, including 1 hour of ethics. 8 hours of CPE credit, including 1 hour of ethics, are also available.

* ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge of insolvency matters (pursuant to the “Statement on Standards for CPE Programs” established by AICPA and NASBA). ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org

ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, we may allow the individual to work at our registration area for a few hours during attendee check-in, or assist in conference set-up. ABI also has reduced rates for government employees, professors, law clerks and students. Illinois Attorneys: If registration fees are more than $500, attorneys who qualify will receive a reduction of at least 50% off the registration fee. For information on tuition assistance, send an e-mail to [email protected].

2019 Rocky Mountain Bankruptcy Conference Chairs

Hon. Kevin R. Anderson, Co-Judicial Chair

U.S. Bankruptcy Court (D. Utah); Salt Lake City

Hon. Joseph G. Rosania, Co-Judicial Chair

U.S. Bankruptcy Court (D. Colo.); Denver

Gil A. Miller, Co-Chair

Rocky Mountain Advisory; Salt Lake City

John F. Young, Co-Chair

Markus Williams & Young LLC; Denver

Stephen E. Berken, Co-Chair, Consumer Bankruptcy Education

Berken Cloyes, PC; Denver

Deanna L. Westfall, Co-Chair, Consumer Bankruptcy Education

Weinstein & Riley, P.S.; Broomfield, Colo.

2019 Rocky Mountain Bankruptcy Conference Advisory Board

Troy J. Aramburu, Sponsorship Coordinator

Snell & Wilmer L.L.P.; Salt Lake City

Michael R. Johnson, Sponsorship Coordinator

Ray Quinney & Nebeker; Salt Lake City

Christian Carl Onsager, Sponsorship Coordinator

Onsager | Fletcher | Johnson; Denver

David T. Brennan

Otten Johnson Robinson Neff + Ragonetti PC; Denver

Chad S. Caby

Lewis Roca Rothgerber Christie LLP; Denver

Kenneth L. Cannon II

Durham Jones & Pinegar; Salt Lake City

Caroline C. Fuller

Fairfield and Woods P.C.; Denver

Joshua M. Hantman

Brownstein Hyatt Farber Schreck, LLP; Denver

Theodore J. Hartl

Ballard Spahr LLP; Denver

George B. Hofmann

Cohne Kinghorn, P.C.; Salt Lake City

Peggy Hunt

Dorsey & Whitney LLP; Salt Lake City

Lon A. Jenkins

Office of the Chapter 13 Trustee; Salt Lake City

Eric E. Johnson

Sherman & Howard L.L.C.; Denver

Adelaide Maudsley

People’s Intermountain Bank; Salt Lake City

Sherilyn A. Olsen

Holland & Hart LLP; Salt Lake City

Craig K. Schuenemann

Bryan Cave Leighton Paisner LLP; Denver

Timothy M. Swanson

Moye White LLP; Denver

Bruce H. White

Parsons Behle & Latimer; Salt Lake City

Platinum Sponsors

Gold Sponsors

Silver Sponsors

Allen Vellone Wolf Helfrich & Factor P.C.
Buechler & Garber, LLC

Faegre Baker Daniels LLP
Lewis Roca Rothgerber Christie LLP
Spencer Fane LLP
Wilmington Trust

Bronze Sponsors

Sherman & Howard L.L.C.
Weinstein & Riley, P.S.

2019 Conference Rates

	Advanced (by 11/16/18)	Regular (11/17/18-1/4/19)	Late (after 1/4/19)
Rocky Mountain Bankruptcy Conference
ABI Member	$595	$650	$695
Join and Save*	$870	$945	$990
Govt./Aca. ABI Member	$345	$395	$445
New Govt./Aca. ABI Member*	$440	$490	$540
Consumer Workshop ONLY Pricing (program only on 1/25/19)
ABI Member	$295	$345	$395
Join and Save*	$445	$495	$545
Optional Events
IWIRC Program Fee (includes lunch)	$75
Thursday Networking Reception	Included
Thursday Networking Reception Guest	$40
Friday Networking Reception	Included
Friday Networking Reception Guest	$40

* Includes a one-year ABI membership for first-time members only —a $325 value! Expired members should select the member rate and add in the membership renewal fee on the online form. You must be an ABI member to attend the conference.