ABI welcomes you back to Denver for the Rocky Mountain Bankruptcy Conference!
Join us at The Brown Palace Hotel & Spa for this annual program, which brings together regional judges and top practitioners for two days of interactive and informative programming on timely consumer and business insolvency topics. Experience quality education brought to you by an outstanding faculty of regional judges and practitioners.
Because you might not be able or ready to travel to our in-person event, ABI will be livestreaming the Rocky Mountain Bankruptcy Conference from Denver for those who would like to attend the program virtually. Online attendees can engage with the sessions in real time, making this annual conference more accessible than ever!
Whether you join us in person or virtually, we look forward to seeing you at the 2022 Rocky Mountain Bankruptcy Conference!
ABI’s COVID-19 Policy
As the COVID-19 landscape continues to evolve, so too must ABI’s safety policies for in-person events. ABI’s priority for all conferences and events is the safety and welfare of our attendees, partners, and team. After careful consideration by ABI leadership, in order to enable in-person events to take place with lower risk to participants, we are requiring that in-person attendees show proof of being fully vaccinated against COVID-19 in order to gain admittance to the Rocky Mountain Bankruptcy Conference at The Brown Palace Hotel and Spa January 27-28, 2022. This decision was made in consultation with ABI leadership and is based on guidance issued by the federal Centers for Disease Control and Prevention (CDC) and other public health authorities. This is also consistent with the policies of many of our member firms and other associations nationwide. All registrants for ABI’s Rocky Mountain Bankruptcy Conference will be required to provide proof of full COVID-19 vaccination before entering the meeting venue. If you believe you'd qualify for a medical exception or would like to seek a religious exception* to the policy.
*Medical and Religious Exceptions to Vaccine Mandate: Based upon written representation that you have a sincerely held religious belief or practice or have a medical condition that prohibits you from getting the COVID vaccine, you do not need to provide proof of vaccination to attend the Rocky Mountain Bankruptcy Conference. Prior to attending the event, however, we will need you to provide proof of a negative PCR COVID test administered no earlier than 72 hours prior to the event. If seeking an exception, please contact [email protected].
Rocky Mountain Bankruptcy Conference Materials can be downloaded here.
IWIRC Program
Circuit Splits on Key Bankruptcy Issues
Join IWIRC moderators Katharine Sender and Anne Zoltani as they host a panel of bankruptcy judges to discuss circuit splits on important bankruptcy issues. This panel will feature a game-show format where attendees will vote on the likely (or preferred) outcome if the issue were to reach the U.S. Supreme Court. Specifically, the panel will discuss the following issues Sovereign Immunity for Section 544(b) Claims, Post-Petition Asset Appreciation After Conversion to Chapter 7, Absolute Priority Rule in Individual Chapter 11 Cases, Non-Debtor Releases, Student Loans and Undue Hardship and Discharging Taxes on Late Filed Returns.
Registration Open
Lunch
Sponsored by Arent Fox LLP
Plenary Session
The Counterintuitive Outcomes of the COVID-19 Pandemic
Bankruptcy filings fell dramatically during this latest recession and pandemic. The practice of law, especially insolvency law, was (temporarily?) upended. This panel will explore how the past might inform future filings.
Concurrent Sessions (3)
Section 363 Sales: Good Practices, and Pitfalls to Avoid
The panelists will cover issues common to § 363 sale processes that can help or harm debtors, creditors, bidders and other parties in interest, including notice, whether covenants really run with the land (§ 363(f)), selling overencumbered property, structured dismissals after Jevic, and venue considerations and recent developments.
Subchapter V: Plan Confirmations by the Numbers
This panel will examine what's involved in getting a subchapter V case across the finish line, starting with best practices for debtors as attorneys position their clients to confirm their plans. The panelists will specifically explore putting together projections and liquidation analyses, the weapons creditors have in their arsenal (including the § 1111(b) election), and the role of subchapter V trustees.
Taking Yes for an Answer: Emerging Issues in Assumption, Rejection and Cure in a Post-Pandemic World
This panel will discuss cure promptness, financing agreements vs. lease agreements, force majeure clauses in the context of rejection, CEC/ definitive cases/impossibilities, § 365(h)/debtor-as-landlord issues, and attorneys’ fees in cure payments.
Break
Sponsored by Cordes & Company
Concurrent Sessions (3)
Navigating Small Business Bankruptcies: Subchapter V
This panel will discuss and analyze Subchapter V eligibility, confirmation, and the unique challenges facing Subchapter V debtors, as well as recent Subchapter V case law updates.
Emerging Complex Chapter 11 Issues in a Post-Pandemic (?) Environment
This panel will present and engage in a “friendly” debate about four complicated Chapter 11 restructuring topics practitioners are likely to face in the next wave of Chapter 11 bankruptcies: (1) aggressive cash collateral orders; (2) the infamous 1111(b) election; (3) plan voting issues; and (4) plan provisions for channeling injunctions, indemnification provisions, and third party releases.
Staying Out of Jail—Dealing with Civil and Criminal Contempt
The panel will address the legal framework by which bankruptcy courts and federal district courts are authorized to hold parties or attorneys in contempt of court. The discussion will focus on the authority of the bankruptcy court, as an Article I tribunal, to enforce the Bankruptcy Code and its orders through civil contempt powers and the penalties associated with those powers. The panel will also cover applicable law and procedure in relation to seeking criminal contempt in the federal district court.
Networking Reception
Sponsored by Greenberg Traurig, LLP
Registration Open
Breakfast
Sponsored by Cohne Kinghorn
It’s Morning Again at Rocky Mountain: Judges’ Roundtable
Featuring the judges of the Rocky Mountain Bankruptcy Conference, this session will strive to answer questions you have on current issues. Submit your questions in advance to [email protected].
Evidence: Back to Basics
This panel will reveal strategies and tactics for introducing evidence properly and effectively in bankruptcy court to make persuasive case presentations.
Break
Sponsored by Dentons Durham Jones & Pinegar
Consumer Workshop
We Really Do CARES: Mortgages, Moratoriums, Modifications and In re Kinney
This panel will discuss new movements in foreclosure practices and procedures post-COVID-19, much ado about In re Kinney, dealing with mortgage payment issues at the end of a chapter 13 plan, Rule 3002.1 concerns and remedies, whether to forbear or not to forbear, and implications of COVID-19 forbearance relief options and bankruptcy.
Repeat Concurrent Sessions (2)
Emerging Complex Chapter 11 Issues in a Post-Pandemic (?) Environment
Staying Out of Jail—Dealing with Civil and Criminal Contempt
Lunch
Sponsored by Kutner Brinen Dickey Riley, P.C. and Ray, Quinney & Nebeker, PC
Ethics: Cybersecurity and Other Remote Practice Issues
This panel will focus on cybersecurity issues, dealing with difficult clients, and other modern ethics nightmares.
Concurrent Sessions (3)
Consumer Workshop
Consumer Case Law Update: Important Recent Cases Affecting Your Practice
Important recent decisions are changing the landscape of consumer bankruptcy practice. This panel will discuss chapter 13 final payment issues (10th Circuit’s In re Kinney decision), treatment of post-petition assets, student loan discharge, and other local, circuit and Supreme Court opinions that are sure to impact your consumer practice.
Dollars and Times: Is the Business Valuable?
The experts on this panel will show you how to get the best valuation evidence before the courts, and will discuss how volatile COVID-19 conditions have impacted their valuation opinions.
Avoidance Actions: Emerging Theories and Recent Case Law
This panel will explore emerging theories in avoidance litigation, including the “Texas Two-Step” in mass tort cases, tax sales as potential preferences, subsequent transferee liability, avoidance actions in retail cases, and recent notable case law developments.
Afternoon Break
Sponsored by Dentons Durham Jones & Pinegar
Rochelle’s Rocky Mountain Case Law Update
Bankruptcy Judges Elizabeth Brown and Michael Romero will discuss the year’s widest splits and most controversial opinions with ABI Editor-at-Large Bill Rochelle.
Networking Reception
Sponsored by Snell & Wilmer
| Early (by 11/30/21) | Regular (12/1/21-1/12/21) | Late (after 1/13/21) | ||
| Rocky Mountain Bankruptcy Conference | ||||
| ABI Member | $655 | $725 | $795 | |
| Join and Save* | $1,005 | $1,075 | $1,145 | |
| Govt./Aca. ABI Member | $345 | $395 | $445 | |
| New Govt./Aca. ABI Member* | $440 | $490 | $540 | |
| Consumer Workshop ONLY Pricing (program only on 1/28/22) | ||||
| ABI Member | $325 | $375 | $445 | |
| Join and Save* | $420 | $470 | $540 | |
| Rocky Mountain Virtual Bankruptcy Conference | ||||
| $325 | $325 | $325 | ||
| * Includes a one-year ABI membership for first-time members only — a $375 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. | ||||
| Optional Events | ||||
| Thursday Networking Reception | Included | |||
| Thursday Networking Reception Guest | $40 | |||
| Friday Networking Reception | Included | |||
| Friday Networking Reception Guest | $40 | |||
In-Person Attendee Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by January 6, 2022. No refunds will be granted after January 6, but substitutions will be allowed. After January 6, 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. Customers who fail to attend without providing notice will be charged the total fee of the conference for which they have registered.
Online Attendee Cancellation Policy
No refunds will be granted for the online program. Should you become unable to attend any or all of the sessions, a recording of all sessions will be sent to you, along with the corresponding educational materials.
ABI’s COVID-19 Policy
As the COVID-19 landscape continues to evolve, so too must ABI’s safety policies for in-person events. ABI’s priority for all conferences and events is the safety and welfare of our attendees, partners, and team. After careful consideration by ABI leadership, in order to enable in-person events to take place with lower risk to participants, we are requiring that in-person attendees show proof of being fully vaccinated against COVID-19 in order to gain admittance to the Rocky Mountain Bankruptcy Conference at The Brown Palace Hotel and Spa January 27-28, 2022. This decision was made in consultation with ABI leadership and is based on guidance issued by the federal Centers for Disease Control and Prevention (CDC) and other public health authorities. This is also consistent with the policies of many of our member firms and other associations nationwide. All registrants for ABI’s Rocky Mountain Bankruptcy Conference will be required to provide proof of full COVID-19 vaccination before entering the meeting venue. If you believe you'd qualify for a medical exception or would like to seek a religious exception* to the policy.
*Medical and Religious Exceptions to Vaccine Mandate: Based upon written representation that you have a sincerely held religious belief or practice or have a medical condition that prohibits you from getting the COVID vaccine, you do not need to provide proof of vaccination to attend the Rocky Mountain Bankruptcy Conference. Prior to attending the event, however, we will need you to provide proof of a negative PCR COVID test administered no earlier than 72 hours prior to the event. If seeking an exception, please contact [email protected].
Location
The Brown Palace Hotel and Spa
321 17th Street
Denver, CO 80202
The Brown Palace Hotel and Spa, Autograph Collection, located in the heart of downtown Denver, is an icon rich in tradition and history. Built in 1892, this luxury Denver hotel has been a Four Star and Four Diamond hotel since 1977.
Hotel Reservations
ABI has arranged a special conference rate of $199 per night at The Brown Palace Hotel and Spa. Please make your reservations by December 30, 2021, to secure this special rate. ABI cannot guarantee anyone a room after the December 30 cut-off date or after the specially rated ABI block has been filled. You will receive reservation instructions after you have registered for the program with ABI. Third-party reservations (travel agent, web, etc.) do not receive the special rate. Room blocks are limited and will sell out.
Transportation
Denver International Airport (DEN) is 28 miles from The Brown Palace Hotel and Spa. The estimated taxi fare is $60 USD one way.
Conference Attire
Attire is business casual throughout the conference.
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.
Financial Hardship Statement
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. ABI also has reduced rates for government employees, professors, law clerks and students. Financial assistance is available for this program. Illinois Attorneys: If registration fees are more than $500, attorneys who qualify will receive at least a 50% reduction in the registration fee. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].
2022 Rocky Mountain Bankruptcy Conference Co-Chairs
Advisory Board
ABI will seek 10.7 hours of CLE credit for this program in 60-minute-hour states and 12.8 hours of CLE credit in 50-minute-hour states, including 1 hour of Ethics specialty credit in 60-minute-hour states and 1.2 hours of Ethics specialty credit in 50-minute-hour states. Credit hours are estimated and are subject to each state’s approval and credit-rounding rules.
CPE credit is NOT AVAILABLE for viewing Virtually and on-demand recorded sessions.
CLE credit is NOT AVAILABLE for on-demand recorded sessions.
* 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.