8:00 a.m.

Optional Event

Golf Tournament at Army Navy Country Club (Arlington, Va)

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

ABC Exams

1:00-8:00 p.m.

Registration Desk Open

3:00-5:00 p.m.

Optional Event

Blowout Bar Salon: Perfect Hair for the Opening Reception

4:00-8:00 p.m.

Exhibit Hall Open

Sponsored by Sherwood Partners, LLC/agencyIP

5:00-6:00 p.m.

Emerging Leaders and Judges’ Roundtable Reception

By Invitation Only

Private roundtable for up-and-coming insolvency professionals and the judges in attendance.

6:00-8:00 p.m.

Opening Reception

Sponsored by: East West Bank, Gavin/Solmonese LLC, Greenberg Traurig, LLP, Loeb & Loeb LLP, and Polsinelli 
Bar Service Sponsored by AlixPartners LLP, Lowenstein Sandler LLP, Protiviti, Inc. and SSG Capital Advisors, LLC

7:00-5:45 p.m.

Registration Desk Open

7:30-8:30 a.m.

Breakfast with the Judges

presented by the ABI Financial Advisors and Investment Banking Committee

8:00-8:30 a.m.

Breakfast

Sponsored by: Bernstein Shur and MorrisAnderson

8:30-10:00 a.m.

19th Annual Great Debates

Jeffrey N. Pomerantz, Moderator

ABI Vice President-Education

Pachulski Stang Ziehl & Jones LLP; Los Angeles

Resolved: Curbing pension rights in a chapter 9 case is constitutional.

Pro: Bruce S. Bennett

       Jones Day; Los Angeles

Con: Babette A. Ceccotti

       Cohen, Weiss & Simon LLP; New York

Resolved: Committee member fees are not payable as part of a Chapter 11 plan.

Pro: Nan Roberts Eitel

       Executive Office for U.S. Trustees; Washington, D.C.

Con: Dennis F. Dunne

       Milbank, Tweed, Hadley & McCloy LLP; New York

Resolved: A chapter 13 debtor may employ § 363 to effect a free-and-clear short sale of a principal residence notwithstanding § 1322(b)(2) and the secured creditor’s objection.

10:00-10:15 a.m.

Break

Sponsored by: Jones Day and Milbank, Tweed, Hadley & McColy LLP

10:15-11:45 a.m.

Concurrent Sessions (3)

How Secured Are Secured Creditors? The Changing Landscape of Chapter 11 Plan Confirmation

This panel will provide a review and analysis of § 1129(a) and (b) confirmation standards focused on recent developments affecting senior and junior secured creditors including the ABI Commission Report. Discussed will be Momentive Performance issues, including cramdown interest rates at below-market rates even when market rates exist, the extent of the subordination of senior subordinated noteholders, the enforceability of make-whole payment provisions in chapter 11 plans, and intercreditor and cramdown issues.

Stephen D. Lerner, Moderator

Squire Patton Boggs; Cincinnati

Colin McNeil Adams

Morgan Stanley & Co., Inc.; New York

Hon. Shelley C. Chapman

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

Jeff J. Marwil

Proskauer; Chicago

John Tittle, Jr.

Tittle Advisory Group, Inc.; Irving, Tex.

What Do Clients Really Want?

Join a distinguished group of panelists involved in the hiring — and firing — of bankruptcy professionals. Hear how you can serve clients better and make them need to work with you.

Preference Action Mock Hearing

The panelists will present a mock hearing during which they will adduce evidence from plaintiff and defense witnesses and make legal arguments on various topical issues that arise in a preference action. Among the matters at issue are both the new value and ordinary course of business defenses, as well as the use of state law preference actions and safe harbors.

Litigants:

Andrew W. Caine

Pachulski Stang Ziehl & Jones LLP; Los Angeles

Jennifer M. McLemore

Christian & Barton, L.L.P.; Richmond, Va.

Judges:

Hon. Dennis R. Dow

U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Hon. Bruce A. Harwood

U.S. Bankruptcy Court, (D. N.H.); Manchester

Hon. August B. Landis

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

12:00-2:00 p.m.

Luncheon and Keynote

Sponsored by NERA Economic Consulting

Featuring Best-Selling Author Jake Halpern

Author of Bad Paper: Chasing Debt from Wall Street to the Underworld

2:15-3:45 p.m.

Concurrent Sessions (4)

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

The Final Report of the Commission to Study the Reform of Chapter 11 is the culmination of nearly three years of testimony, advisory reports and deliberations. This panel will present key findings as submitted to Congress, with several members of the Commission and the official reporter.

Prof. Michelle M. Harner, Moderator

University of Maryland School of Law; Baltimore

Robert J. Keach

Bernstein Shur; Portland, Maine

Prof. Kenneth N. Klee

University of California at Los Angeles, School of Law; Los Angeles

James P. Seery, Jr.

River Birch Capital, LLC; New York

Albert J. Togut

Togut, Segal & Segal LLP; New York

Clifford J. White, III

U.S. Department of Justice; Washington, D.C.

Getting to Confirmation: How to Draft a Chapter 11 Plan, Disclosure Statement and Related Documents

This panel is part of our continuing series on drafting skills for bankruptcy and restructuring attorneys. The panel is intended to provide a practical “how to” discussion and analysis of drafting chapter 11 plan documents including the Disclosure Statement, the Chapter 11 Plan, Liquidating Trust Agreements, and related documents. The panel will provide form documents and discuss heavily negotiated or scrutinized provisions.

John R. Ashmead, Moderator

Seward & Kissel LLP; New York

Jessica C.K. Boelter

Sidley Austin LLP; Chicago

Ted A. Dillman

Latham & Watkins LLP; Los Angeles

Ian T. Peck

Haynes and Boone, LLP; Fort Worth, Tex.

Chapter 15 Answers that My Bankruptcy Teacher Never Told Me

Find out not only what the hot new issues are in chapter 15 proceedings, but also the answers to issues that no one talks about. For example, can chapter 15 be used to bring a cause of action? Can a foreign debtor recognized under chapter 15 use § 108 to extend limitations, and can such a debtor seek turnover pursuant to § 542(e)? Come hear our panel discuss these and other important chapter 15 questions.

Home Loans Redux

This panel will highlight new problems with loan documentation and transfer, escrow issues in proofs of claim and post-petition, proliferation of automatic stay and discharge violation litigation, and the impact of regulatory developments in the treatment and servicing of mortgage loan claims.

John Rao, Moderator

National Consumer Law Center; Boston

Lawrence R. Ahern, III

Brown & Ahern; Brentwood (Nashville), Tenn.

Hon. Robert D. Drain

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

Peter J. Mulcahy

Ocwen Financial Corporation; Fort Washington, Pa.

3:45-4:15 p.m.

Networking Happy Half-Hour

Sponsored by Development Specialists, Inc., Foley & Lardner LLP and Proskauer

4:15-5:45 p.m.

Committee Educational Sessions (3)

Legislation/Secured Credit

Secured Credit Under the Code and Commission Report

Patricia A. Redmond (Moderator)

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

Anthony Grossi

Committee on the Judiciary, U.S. House of Representatives; Washington, D.C.

Jonathan N. Helfat

Otterbourg P.C.; New York

Daniel Kamensky

James Millstein

Millstein & Co.; New York & Washington, D.C.

Bankruptcy Litigation/Ethics & Professional Compensation

Trustee Selection in Commercial Bankruptcy Cases: Who Wins the Battle to Control the Estate?

Asset Sales/Real Estate

Don’t Restrict My Sale: The Enforceability of Restrictive Covenants and Easements in Assets Sales in Bankruptcy

Gregory G. Hesse

Hunton & Williams LLP; Dallas

Hon. Catherine Peek McEwen

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

Alec P. Ostrow

Becker, Glynn, Muffly, Chassin & Hosinski LLP; New York

Michael D. Sirota

Cole Schotz P.C.

5:45 p.m.

Bankruptcy Litigation/Ethics & Professional Compensation Networking Reception

6:00-7:00 p.m.

Optional Event

Women’s Networking Reception

Sponsored by Ernst & Young LLP

6:00-11:00 p.m.

Optional Event

Baseball Night Out: Washington Nationals vs. Philadelphia Phillies

7:00-10:00 p.m.

Optional Event

National Symphony Orchestra at the Kennedy Center

10:00-12:00 pm

Optional Event

Late Night Bowling at Lucky Strike in Chinatown

7:30-8:00 a.m.

Breakfast

Sponsored by: Latham & Watkins LLP

7:45 a.m.

Mimosas and Bloody Marys

Sponsored by ABI’s Bankruptcy Taxation, Business Reorganization and Young & New Members Committees

8:00-9:30 a.m.

Committee Educational Sessions (3)

Bankruptcy Taxation/Business Reorganization/Young & New Members

Tax-Sharing Agreements in Bankruptcy that Have Been the Subject of Recent Appeals Court Decisions

Richard J. Corbi

U.S. Bankruptcy Court, Eastern District of New York

Todd C. Meyers

Kilpatrick Townsend & Stockton LLP; Atlanta

Whitman L. Holt

Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles

Jeffrey Schmitt

Federal Deposit Insurance Corporation; Washington, D.C.

Financial Advisors & Investment Banking/International

Structuring Cross-Border Deals to Protect Creditor Interests

Gilberto Deon Correa, Moderator

Souto, Correa, Cesa, Lummertz & Amaral Advogados; Porto Alegre, Brazil

Van C. Durrer, II

Skadden, Arps, Slate, Meagher & Flom LLP; Los Angeles

Soneet R. Kapila

KapilaMukamal, LLP; Fort Lauderdale, Fla.

Neil Lupton

Walkers; Grand Cayman

Paul Melville

Grant Thornton LLP; Chicago

Health Care/Labor & Employment

Hemorrhaging Hospitals: Labor Issues in the Healthcare Insolvency E.R.

Scott B. Davis

Grant Thornton LLP; Charlotte, N.C.

David M. Fusco

Schwarzwald McNair & Fusco LLP; Cleveland, OH

Sharon L. Levine

Lowenstein Sandler LLP; Roseland, N.J.

Nancy A. Peterman

Greenberg Traurig, LLP; Chicago

9:30-11:00 a.m.

Concurrent Sessions (4)

Report of ABI Task Force on Plan Confirmation: Recommendations for Sale Cases

John William Lucas, Moderator

Pachulski Stang Ziehl & Jones LLP; San Francisco

Hon. Kevin J. Carey

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

William K. Harrington

Office of the U.S. Trustee; New York

Hon. Barbara J. Houser

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

Jeffrey W. Kelley

Troutman Sanders LLP; Atlanta

Anatomy of a Chapter 11 Plan Confirmation Hearing

This panel will explore key chapter 11 plan confirmation issues by way of a live demonstration of a confirmation hearing. The demonstration will address the most commonly litigated legal issues, the evidence required to satisfy those requirements, and in particular, how to present and cross-examine experts in connection with feasibility. Audience members will be asked to "rule"

Michael H. Ahrens, Moderator

Sheppard, Mullin, Richter & Hampton LLP; San Francisco

Hon. Kevin R. Huennekens

U.S. Bankruptcy Court, (E.D. Va.); Richmond

Susan Jaffe Roberts

Whiteford Taylor & Preston LLP; Baltimore

Bradley D. Sharp

Development Specialists, Inc.; Los Angeles

Kelly Beaudin Stapleton

Alvarez & Marsal; New York

ABI/TMA Panel: Lawyers and FA's-All for One and One for All

This panel will discuss how lawyers and FAs can work together in creating clear client expectations by defining both the lawyer’s and FA’s work scope. Also discussed will be the fee structure involved in the retention of FAs both as company advisors and expert witnesses. Finally, this panel will explain in detail what can be done to make our mutual clients satisfied with both the lawyers and FAs in the obtained results.

Class Actions in Bankruptcy Cases

Class action lawsuits in both business and consumer cases are becoming more prevalent. Are you wondering whether your clients’ WARN Act claims would be better pursued against a debtor company in a class action adversary proceeding or in a class proof of claim, or both? If your client has been sued in a debtor’s consumer class action adversary proceeding, do you know the best defenses against class certification? This panel of experts will explore the potential benefits and pitfalls of class actions by creditors against debtor companies and by debtors/trustees against creditors and others by highlighting recent appellate and bankruptcy court decisions.

Rudy J. Cerone, Moderator

McGlinchey Stafford, PLLC; New Orleans

Michael H. Goldstein

Goodwin Procter LLP; New York

Hon. Robert E. Grossman

U.S. Bankruptcy Court (E.D.N.Y.); Central Islip

Johnie J. Patterson, II

Walker & Patterson, PC; Houston

11:00-11:15 a.m.

Break

Sponsored by: PwC and Reid Collins & Tsai LLP

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

Concurrent Sessions (3)

Panic in Detroit – Chapter 9 Bankruptcy Process from Soup to Nuts

This panel of Chapter 9 specialists will discuss eligibility under Chapter 9, the authority of the bankruptcy court, powers of the municipal debtor, the role of creditors, mediation, the automatic stay, and issues peculiar to certain types of Chapter 9 debtors such as hospitals and cities and other recent developments in chapter 9.

Heather Lennox, Moderator

Jones Day; Cleveland

Ryan Blaine Bennett

Kirkland & Ellis LLP; Chicago

Prof. Melissa B. Jacoby

University of North Carolina; Chapel Hill, N.C.

William W. Kannel

Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC; Boston

Van E. Conway

Conway MacKenzie; Birmingham, Mich.

Business Case Law Updates

Recent developments in cases at the bankruptcy and appellate levels.

Howard Seife, Moderator

Chadbourne & Parke LLP; New York

Kristin K. Going

Drinker Biddle & Reath LLP; Washington, D.C.

Lisa Sommers Gretchko

Howard & Howard Attorneys, PLLC; Royal Oak, Mich.

Eric E. Walker

Perkins Coie LLP; Chicago

Consumer Case Law Updates

Analysis of recent cases in Chapter 7 and Chapter 13

Alane A. Becket, Moderator

Becket & Lee, LLP; Malvern, Pa.

Elizabeth Gunn

Sands Anderson PC; Richmond, Va.

Cecilia Lee

Cecilia Lee, Ltd.; Reno, Nev.

Hon. C. Ray Mullins

U.S. Bankruptcy Court, Northern District of Georgia; Atlanta

12:30-2:00 p.m.

Optional Event

2:15-3:45 p.m.

Concurrent Sessions (3)

Reconsidering Safe Harbors For Repurchase Agreements

Recent decades have seen substantial expansion in exemptions from the Bankruptcy Code’s provisions with respect to repurchase agreements, or “repos.” These agreements, which are equivalent to very-short-term (often one-day) secured loans, are exempt from such core bankruptcy provisions as the automatic stay, the avoidability of fraudulent transfers and the avoidability of preferences. Recent scholarship has questioned whether these exemptions are justified for mortgage-backed securities and other securities that could prove illiquid or unable to realize their long-term value in the event of the kind of panic experienced during the financial crisis of 2007-09. This panel will explore the arguments for and against revising the Bankruptcy Code’s existing treatment of these agreements.

Hon. Christopher S. Sontchi, Moderator

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

Prof. Stephen J. Lubben

Seton Hall University Law School; Newark, N.J.

M. Stephanie Wickouski

Bryan Cave LLP; New York

Maximizing the Benefits of Your iPad or Android to Your Practice

This panel will discuss the use of your iPad and other tablets to maximize the return to your practice. The topics will include a discussion of leading apps that are available for bankruptcy attorneys and other bankruptcy case professionals.

Damian S. Schaible, Moderator

Davis Polk & Wardwell LLP; New York

Karim Guirguis

American Bankruptcy Institute; Alexandria, Va.

Brain L. Shaw

Shaw Fishman Glantz & Towbin LLC; Chicago

Paul Unger

Affinity Consulting Group; Columbus, Ohio

Chapter 13 Cramdowns

Lien-stripping, short sales and other contested confirmation issues will be highlighted.

Nancy J. Whaley, Moderator

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

Hon. Wendelin I. Lipp

U.S. Bankruptcy Court (D. Md.); Greenbelt

Kimberly A. Pierro

SunTrust Banks, Inc.; Richmond, Va.

Tara Twomey

National Consumer Law Center; Carmel, Calif.

3:45-4:15 p.m.

Wine & Cheese Reception

Sponsored by Kilpatrick Townsend & Stockton LLP

4:15-5:45 p.m.

Committee Educational Sessions (3)

Commercial Fraud/Unsecured Trade Creditors

Advanced Defenses to Avoidance Actions: Understanding Them Can Make All The Difference

Hon. Marci B. McIvor (Moderator)

U.S. Bankruptcy Court, Eastern District of Michigan; Detroit

Philip D. Anker

WilmerHale; New York

Edward Weisfelner

Brown Rudnick LLP; New York

Peter S. Willett

Bingham McCutchen LLP; Boston

Consumer Bankruptcy/Mediation

Consumer Mortgage Modification Mediation: A Florida Success Story

Robert B. Branson

BransonLaw, PLLC; Orlando, Fla.

Laurie K. Weatherford

Chapter 13 Trustee; Winter Park, Fla.

Hon. Michael G. Williamson

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

Melissa A. Youngman

McCalla Raymer, LLC; Orlando, Fla.

Technology

Using Technology Effectively: Strategies for Courtroom Success

Roy M. Terry (Moderator)

Sands Anderson PC; Richmond, VA

Paige L. Ellerman

Frost Brown Todd LLC; Cincinnati

Narendra Ganti

Ganti Advisors LLC; Bethesda, MD

Hon. Mary F. Walrath

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

7:00-10:00 p.m.

Saturday Night Gala Dinner

Performance by Lou Gramm, Formerly of Foreigner

Dinner and Entertainment Sponsored by Armstrong Teasdale LLP, BakerHostetler, Barnes & Thornburg LLP, Bryan Cave LLP, Chadbourne & Parke LLP, EisnerAmper LLP, Gavin/Solmonese LLC, Gray Reed & McGraw, PC, Logan & Company, Inc., McCalla Raymer, LLC, Miles & Stockbridge PC, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Pachulski Stang Ziehl & Jones LLP, Shaw Fishman Glantz & Towbin LLC, Squire Patton Boggs (US) LLP , Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA and Womble Carlyle Sandridge & Rice, LLP
 

10:00-11:00 p.m.

Endowment Reception

By Invitation Only

Sponsored by: Becket & Lee LLP, Perkins Coie LLP and Rust Omni

8:30-9:00 a.m.

Breakfast

Sponsored by: Brown Rudnick LLP

9:00-10:00 a.m.

Plenary Session:

Flapjacks and Sage Advice: Judges’ Panel on Everything!

Your favorite judges will answer the most difficult questions fielded from ABI members in the weeks before this event and from members of the audience. Hear the judges provide their input on best practices, interesting arguments and the current state of the law.

James Patrick Shea, Moderator

Armstrong Teasdale LLP; Las Vegas

Hon. Robert E. Gerber

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

Hon. Laurel Myerson Isicoff

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

Hon. Stacey G. C. Jernigan

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

Hon. Pamela Pepper

U.S. District Court (E.D. Wisc.); Milwaukee

10:00-10:15 a.m.

Break

Sponsored by: Stinson Leonard Street LLP

10:15-11:45 a.m.

Ethics: Chapter 11 Commission Recommendations on Professional Fees and Expenses

Any reform of current chapter 11 practice must account for the prevailing criticism that fees and costs are too high, and do it in a way that focuses on aligning incentives with case efficiency. This panel of Commissioners will discuss recommended reforms that provide for more effective oversight, as well as alternative fee structures consistent with professionals’ ethical obligations under the Code of Professional Responsibility.

Deborah D. Williamson, Moderator

Cox Smith Matthews Incorporated; San Antonio

William A. Brandt, Jr.

Development Specialists, Inc.; New York

Jack Butler

Hilco Global; Northbrook, Il.

Clifford J. White, III

U.S. Department of Justice; Washington, D.C.

11:45 a.m.

Adjourn