On behalf of the Northeast Bankruptcy Conference & Consumer Forum Advisory Board, we invite you to join us at the Newport Marriott, a haven right on the water in the heart of downtown Newport, R.I. The advisory board has assembled a roster of great speakers on a wide variety of timely topics that offer something for everyone.
The Consumer Forum this year will focus on sophisticated financial scenarios that practitioners often face. Each standalone session will build and expand on this theme. The Consumer Forum will provide attendees with exclusive insights on current consumer bankruptcy issues and allow for meaningful participation with the panelists on these topics.
This year presents a shortened program (but the same amount of CLE). You still have the option to stay through the weekend to enjoy all that Newport has to offer. In between educational sessions and networking opportunities, you can take advantage of Newport’s many recreational and family-friendly activities. This conference and hotel will sell out, so don’t delay!
ABI Registration Desk Opens
Emerging Leaders & Judges’ Roundtable Program (invite only)
A private roundtable for up-and-coming new attorneys.
Emerging Leaders Reception (invite only)
Sponsored by Zeisler & Zeisler, P.C.
Opening Reception
Sponsored by Bernstein Shur; Casner & Edwards, LLP; Choate, Hall & Stewart LLP; Murtha Cullina LLP and Preti, Flaherty, Beliveau & Pachios, Chtd., LLP
Breakfast
Sponsored by PKF Clear Thinking, LLC
Plenary Session: Recent Developments
New developments occur regularly in bankruptcy law, and this past year was no different. This session will provide you with an overview of important U.S. Supreme Court decisions that came down in the 2022-23 session that relate to bankruptcy, as well as the recent Purdue Pharma decision from the Second Circuit Court of Appeals. The panelists will review the facts and key holdings of each case, and how they may affect pending and future cases. Discussions will include the nondischargeability of debt due to fraud committed by a partner, the treatment of certain statutes as “jurisdictional” versus preconditions to relief, violations of the Fifth Amendment’s takings clause, whether Indian tribes have sovereign immunity from damages claims for violations of the automatic stay, the allowance of nonconsensual releases of creditors’ direct claims against nondebtors in the Purdue Pharma L.P. chapter 11 plan, and recent developments on the “solvent debtor” exception in chapter 11 cases.
Snacks and Small Bites Networking Break
Concurrent Sessions (3)
Business Track
The Rise of Creditor-on-Creditor Violence
Hosted by IWIRC New England
Companies are not the only ones fighting with creditors these days; creditors are fighting amongst themselves, relying on increasingly nuanced interpretations of debt-issuance documents and intercreditor agreements. What has changed in the debt-finance landscape that is bringing these disputes to a head? What are the document provisions and transaction structures that have been in dispute? What are the litigation strategies and considerations at play, and how have courts reacted to these kinds of disputes? This session will address these questions and more.
Business Track
Involuntary Bankruptcies: Often Discussed, Seldom Used
This session will provide a general overview of the involuntary bankruptcy process, and will drill down into what it means for a claim “not to be subject to a bona fide dispute," what happens or does not happen during the “gap period,” soliciting and adding creditors to the petition, and the ramifications of when an involuntary filing is dismissed for bad faith.
Consumer Track
Inside the Debtor’s Finances
In this session, financial professionals will discuss understanding the client's current financial situation, tax implications of attorney decisions, and how to build projections and budgets.
Snacks & Small Bites Networking Break
Sponsored by Sullivan & Worcester LLP
Concurrent Sessions (3)
Business Track
Anatomy of a Small- to Middle-Market Restructuring in Today’s New World
This panel will discuss the various tools and strategies available to insolvency professionals when small businesses attempt to restructure and avoid closure. The panelists will explore nonbankruptcy options available to these businesses, particularly in the current economic climate, including forbearance agreements, longer-term workouts and refinancing, as well as recent case law developments affecting out-of-court workouts for both debtors and creditors. The discussion also will include some of the bankruptcy options available to these businesses, how these businesses can analyze if and when chapter 11 (or chapter 7) provides the best (or only) path forward, and what creditors can do to prepare for an inevitable filing. Finally, the panelists will review bankruptcy eligibility requirements for small businesses in subchapter V and single-asset real estate cases, recent case law developments in subchapter V that practitioners must know about when evaluating bankruptcy options, and other important hurdles and considerations that these types of businesses can expect to encounter today.
Business Track
Crypto
Large cryptocurrency filings have been making headlines, but the implications and complexities of these filings are even broader. This panel will discuss what you need to consider when navigating a cryptocurrency filing, such as valuation issues, custodial arrangements, pending white collar investigations, and the challenges such complexities pose.
Consumer Track
The New Process to Discharge Student Loans in Bankruptcy
This session will discuss the recent changes with the Department of Justice’s new Student Loan Discharge program. The panelists will explore the scope and limitations of the program, as well as best practices, including the importance of a client's present financial circumstances, expenses and repayment ability.
IWIRC Lunch at ABI Northeast Conference
Join IWIRC New England for lunch at the Newport Marriott at the ABI Northeast Conference!
Please register HERE.
Sponsored by IWIRC New England
Optional Event
Mansion Tour
Board the Viking Trolley for an opportunity to tour a mansion in Newport. The fee is $35 per person. Please check the appropriate box on the online registration form.
Sponsored by Riemer & Braunstein LLP
Optional Event
Tour de ABI
Join us for the annual Tour de ABI bike ride! You may bike on your own or check the appropriate box for a bike rental. The fee is $35 per person. Bike rental will be an additional fee. Please select the appropriate box(es) on the online registration form to reserve your spot.
Sponsored by Ford, McDonald & Borden, P.A. and Marcus Clegg
Optional Event
Golf Tournament at Newport National
Sponsored by Accordion Partners LLC. Hole sponsored by Berkeley Research Group, LLC; CohnReznick LLP and Holland & Knight LLP.
Seaside Chat: Tax Equity Theft
Sponsor Reception (invite only)
Sponsored by Devine Millimet and Mirick O'Connell
Friday Night Dinner & Dancing
Dinner sponsored by Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. | Bar sponsored by Drummond Woodsum; Eaton Peabody; Pierce Atwood LLP and Murphy & King, P.C. | Entertainment sponsored by Locke Lord LLP and SSG Capital Advisors, LLC. | Kids dinner sponsored by Paul E. Saperstein Auctioneers & Appraisers.
Saturday Morning Family Breakfast
Bring the family for a refreshing breakfast in the hotel. Please check the appropriate box on the online registration form.
Plenary Session: Ethics
Who is your client? This panel will discuss navigating thorny engagement issues that can arise from representing affiliated debtors, conflicts that can occur when representing closely held businesses, the importance of disclosing connections, and how these issues affect attorneys, financial advisors and other professionals.
Snacks & Small Bites Networking Break
Concurrent Session (3)
Business Track Repeat Session
Anatomy of a Small- to Middle-Market Restructuring in Today’s New World
Business Track
Avoidance Actions
This panel will analyze several recent and potentially controversial issues, including current views of the courts, arising in connection with avoidance actions in business bankruptcies, including the extent of due diligence required prior to bringing such actions, the sale of rights in proceeds of avoidance actions and the actions themselves; current views on replacement liens and adequate-protection liens attaching to avoidance actions granted to secured creditors in connection with debtor-in-possession financing and adequate-protection liens; provisions of DIP-financing orders extinguishing the rights of unsecured creditors to pursue avoidance actions against secured creditors; the application of strong-arm statutes and extended reach-back provisions; and issues related to proving insolvency at trial.
Consumer Track
Recent Case Law
This session considers developments in recent case law, including fraudulent transfers in the context of tax lien foreclosures and aggressive pre-bankruptcy planning, alternative noticing, fee issues involving bifurcation and disgorgement, and dischargeability issues. The panelists will provide their perspectives and analyses from the bench, bar and trustee system regarding these latest updates.
Snacks & Small Bites Networking Break
Sponsored by McLane Middleton
Concurrent Sessions (3)
Business Track Repeat Session
Crypto
Business Track
Retail Bankruptcy, Redux: Before, During and After COVID
This panel will discuss changes across the retail bankruptcy landscape over the last four to five years — before, during and after the COVID-19 pandemic. The panelists will share their perspectives from the debtor, lender, landlord and judicial viewpoints, with a focus on the business, leverage, operational and legal causes and outcomes of retail bankruptcies during these unprecedented times.
Consumer Track
Ethics Potpourri
Advising and interacting with clients remotely, with a strong reliance on electronic rather than in-person communications, is the reality for most bankruptcy professionals in a post-pandemic world. This session will focus on the resulting ethical issues facing consumer practitioners, including issues regarding the verification of debtor identity, authority issues regarding the use of client signatures, protection of confidential client information, conduct during telephonic (or video) § 341 meetings, and ethical obligations in the face of data breaches. The panelists will use hypothetical scenarios to demonstrate the ways in which these ethical issues often arise, and will discuss best practices to handle these issues, as well as highlight potential access-to-justice problems that clients can face.
Adjourn
| Early (by 6/2/23) | Regular (6/3/23-6/23/23) | Late (after 6/23/23) | ||
| Northeast Bankruptcy Conference Rates* | ||||
| ABI Member | $695 | $745 | $845 | |
| Join and Save* | $1,095 | $1,145 | $1,245 | |
| Govt./Nonprofit ABI Member | $475 | $500 | $525 | |
| New Govt./Nonprofit ABI Member* | $600 | $625 | $650 | |
| Early (by 6/2/23) | Regular (6/3/23-6/23/23) | Late (after 6/23/23) | ||
| Northeast Consumer Forum Rates* | ||||
| ABI Member | $315 | $370 | $470 | |
| Join and Save* | $565 | $620 | $720 | |
* Includes a one-year ABI membership for first-time members — a $425 value! You must be an ABI member to attend. Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership-renewal fee. | ||||
Registration includes meals, refreshment breaks and the Opening Reception. | ||||
For those unable to register for the Consumer Forum at the rate above, please email Emma Hummer at [email protected]. | ||||
| Exhibitor Rates | ||||
| ABI Member Exhibitor Registration*** | $1,600 | |||
| New ABI Member Exhibitor Registration**** | $2,000 | |||
| Additional Booth Representative | $500 | |||
| *** Includes one 6’ table and full registration for one booth representative. | ||||
| **** Includes one 6’table and full registration for one booth representative AND a one-year ABI membership for first-time members only — a $425 value! | ||||
| Registrant | Adult Guest | Child Guest (12 and under) | ||
| Evening & Optional Events | ||||
| Thursday Opening Reception | Included | $50 | $15 | |
| Friday Dinner & Dancing | $75 | $90 | $25 | |
| Golf Tournament | $200 | $200 | ||
| Tennis Tournament | $100 | $100 | ||
| Tour de ABI Bicycle Outing | $35 | $35 | ||
| Mansion Tour | $85 | $35 | ||
ABI DEFINES A “GUEST” AS A SPOUSE, CHILD OR COMPANION — NOT A PROFESSIONAL COLLEAGUE. A professional colleague is defined as someone who consults with or is employed by an organization whose members are eligible for ABI membership. If a professional colleague is found to be registered as a guest, ABI reserves the right to cancel his or her event registration. Any person not meeting the criteria of “guest” who wishes to participate in any ABI function at the conference is required to register separately at the full conference rate.
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by June 22, 2023. No refunds will be made if notice is received after June 22, although substitutions will be allowed. After June 22, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.
Anti-Harassment Policy
The American Bankruptcy Institute is dedicated to providing a harassment-free conference experience for everyone, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age or religion. We do not tolerate harassment of conference participants in any form. Sexual language and imagery are not appropriate for any conference venue, including talks. Conference participants violating these rules may be sanctioned or expelled from the conference without a refund at the discretion of the conference organizers. Our anti-harassment policy can be found at https://www.abi.org/about-us/bylaws-and-policies.
Hotel Accommodations*
Located right on the water, the Newport Marriott is your front door to discovering the energy and excitement of downtown Newport, R.I. ABI has arranged a special conference rate of $409 per night for a Standard Room; additional fees apply for additional guests and room types. To secure the special rate, hotel reservations must be made by June 21, 2023. Reservations may only be made once you have registered with ABI. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled. You will receive a special room reservation link after you have registered with ABI.
* Attendees are not required to stay at the hotel to attend the conference.
Transportation
Car: Newport is an easy drive from Providence, Boston and Hartford and is about 2.5-3 hours from Concord, Portland and New York.
Air: The resort is located 30 miles from the Providence’s T.F. Green Airport.
Northeast Bankruptcy Conference Judicial Chair
Northeast Bankruptcy Conference Co-Chairs
Northeast Consumer Forum Co-Chairs
Northeast Bankruptcy Conference Advisory Board
7.5 hours of CLE credit, including 2.5 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 9.0 hours of CLE credit, including 3 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state.
CPE credit is NOT AVAILABLE for viewing on-demand recorded sessions.
The American Bankruptcy Institute 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 for Group Live (live in-person) and Group Internet-Based (live webinar) programs. 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.learningmarket.org.
- Recommended CPE credits and field of study: Specialized Knowledge and Behavioral Ethics
- Program attendees can earn up to 9.0 hours of CPE credit.
- Prerequisites: There are no prerequisites.
- Advanced preparation: None
- Program level: Intermediate
- Delivery method: Group Live
How to request CPE credit: To request CPE credit for your participation (and obtain a certificate of completion), you will need to complete an ABI Attendance Affidavit, which are available at the end of the entire conference, after we have verified your attendance. To receive CPE credit, please click "+ Add Accrediting Agency" and select NASBA (National Association of State Boards of Accountancy).
NOTE: All attendees seeking CPE credit must sign in and sign out. You may only claim credit for sessions within the period between your sign-in and sign-out; credit will be adjusted or modified accordingly.
You will receive a personalized link to submit your Attendance Affidavit via email within 7 business days of the last day of the conference. If you do not receive this email by then, please contact [email protected].
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 the full registration fee. 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 at least 50% reduction in the registration fee. For information on tuition assistance, send an e-mail to [email protected].