About the Event


Join ABI in sunny Southern California for the Annual Winter Leadership Conference! The Terranea Resort in Rancho Palos Verdes is the setting for this year's annual program, which features topics designed for consumer and business practitioners, as well as financial advisors. As always, the conference provides numerous social and fun events to network and renew friendships with your colleagues from around the nation and overseas. We look forward to seeing you in December!

10+

hours

Earn up to 10.8 hours of CLE credit, including up to 3.4 hours of ethics and substance abuse, and up to 10.5 hours of CPE credit, including 3 hours of behavioral ethics.

70+

speakers

Industry thought leaders, including more than a dozen judges, populate the ABI Talks, concurrent sessions and committee programs.

18+

networking

Mingle at carefully designed social and optional events throughout, all in a stunning, comfortable and family-friendly setting.

Schedule Highlights


Thursday, December 5, 2019
9:00 a.m.-5:00 p.m.
American Board of Certification Exams
10:00 a.m.
Optional Event
9 Holes of Golf at The Links at Terranea
12:00-6:00 p.m.
Registration Desk Open
1:00 p.m.
Optional Event
Tennis Tournament at the Peninsula Racquet Club
Sponsored by Snell & Wilmer L.L.P.
2:00 p.m.
Optional Event
Afternoon Coastal Hike
4:00-6:00 p.m.
Exhibit Hall Open
5:00-6:00 p.m.
“40 Under 40” Reception
Sponsored by Epiq
6:00-7:30 p.m.
Opening Reception
Sponsored by FTI Consulting, Inc.; Nelson Mullins Riley & Scarborough LLP; Skadden, Arps, Slate, Meagher & Flom LLP; and Stretto
Bars sponsored by East West Bank; Getzler Henrich & Associates LLC; Jenner & Block; and SSG Capital Advisors, LLC
Friday, December 6, 2019
6:00-7:00 a.m.
Optional Event
Winter Fun Run (5K)
Sponsored by Validity
6:00-7:00 a.m.
Optional Event
Tai Chi by the Sea
7:30 a.m.
Breakfast
8:15-8:25 a.m.
Welcome Address
8:25-9:25 a.m.
(Plenary)
ABI Talks

This year, the WLC opens with ABI Talks, one of our highest-rated programs ever! Based on the incredibly popular “TED Talks” format, ABI Talks address diverse and interesting bankruptcy topics. If you consider yourself a bankruptcy guru, or just want to be one, you will not want to miss this featured program!

Super-Speedy Prepacks: What Are They Good For?
Earlier this year, a chapter 11 case was filed and a plan confirmed in 19 hours. A one-day prepack offers several advantages to creditors and debtors alike. What cases are a good fit for a lightning-speed chapter 11, and what due process concerns must be satisfied?
Jay M. Goffman
Skadden, Arps, Slate, Meagher & Flom LLP; New York


New Reorganization Hope for Main Street Debtors
Will the new Small Business Reorganization Act lead to more successful restructurings and fewer liquidations of small businesses while still protecting creditors’ rights?
Hon. Michelle M. Harner
U.S. Bankruptcy Court (D. Md.); Baltimore


The Rhetoric and Reality of Student Debt
Is there too much emphasis on reducing student loan debt, including through bankruptcy, and not enough about the real causes of skyrocketing college costs?
Inez Feltscher Stepman
Independent Women’s Forum; Washington, D.C.


9:30-10:30 a.m.
(Concurrent)
Why Venue Matters in Chapter 11 Cases
This panel will focus on obtaining successful chapter 11 results in certain jurisdictions while analyzing why you should or shouldn’t file in a particular jurisdiction. The panel will discuss advantages and disadvantages of filing in certain jurisdictions, including local rule advantages (i.e., Texas) and case law advantages or disadvantages.

Joshua A. Sussberg, Moderator
Kirkland & Ellis LLP; New York
Charles A. Beckham, Jr.
Haynes and Boone, LLP; Houston
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
Laura Davis Jones
Pachulski Stang Ziehl & Jones LLP; Wilmington, Del
Kerriann S. Mills
Sidley Austin LLP; Chicago
9:30-10:30 a.m.
(Concurrent)
Hit ’Em Below the Belt (and in the Wallet): Professional Fees and Leverage Post-ASARCO
This panel will analyze the instances over the last few years where creditors have brought challenges to estate professional fees, focusing on Pillowtex, retainers and other objections. How can professionals protect themselves when they are well into a case?

Kathryn A. Coleman, Moderator
Hughes Hubbard & Reed LLP; New York
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Kyle S. Hirsch
Bryan Cave Leighton Paisner LLP; Phoenix
Dan T. Moss
Jones Day; Washington, D.C.
9:30am-10:35am
(Concurrent)
Bankruptcy & Marijuana
Hosted by the Emerging Industries and Technology Committee
With the legalization of marijuana in many states, there are now large numbers of individuals and businesses that derive their income from growing and selling marijuana and from other business activities related to marijuana. This session addresses the issues that emerge when individuals and businesses in this industry encounter financial problems. What are the sources of governing law (state/federal)? Is bankruptcy an option? How are marijuana-related income and assets treated? What are a bankruptcy trustee’s rights and responsibilities in dealing with a marijuana-related business? What ethical issues arise for attorneys representing individuals and entities in this industry? How does the U.S. Trustee’s Office address these issues in light of the conflict between federal law and some states’ laws? What is the direction of the developing body of bankruptcy case law regarding this industry?

Eric J. Fromme, Moderator
Theodora Oringher PC; Costa Mesa, Calif.
James L. Day
Bush Kornfeld LLP; Seattle
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Concord
Jessica Scardina
Vicente Sederberg LLP; Denver
9:30-10:30 a.m.
(Concurrent)
Litigating Issues in a Health Care Case
Hosted by the Bankruptcy Litigation and Health Care Committees
Experienced practitioners are typically able to litigate the issues that arise in most chapter 11 cases in a similar manner, regardless of the industry of a particular debtor. In the health care context, however, the identities of the litigants are often different (government agencies, patient care ombudsmen, etc.) and, more importantly, those litigants’ respective motivations may be vastly different than in a ‘typical’ chapter 11 case. Economic considerations, the driver of most chapter 11 outcomes, are often superseded in a health care case by a party’s perceived public policy or reputational concerns. The panel will discuss these differences and provide practical suggestions, based on their extensive experience, as to how attorneys and financial advisors can navigate these issues and reach a successful outcome for all stakeholders.

David E. Gordon
Polsinelli; Atlanta
Tania M. Moyron
Dentons; Los Angeles
10:30-11:00 a.m.
Networking Break
Sponsored by Proskauer
11:00 a.m.-12:00 noon
(Concurrent)
How Investors Evaluate Distressed Deals
Restructuring professionals deal daily with distressed transactions involving all industries, shapes and sizes. Distressed investors are critical drivers of the restructuring industry and the U.S. economy as a whole. What drives distressed investors? How do they evaluate potential distressed targets? This panel consists of distressed investors and professionals representing distressed investors who evaluate these assets and close these deals.

Ronald E. Gold, Moderator
Frost Brown Todd LLC; Cincinnati
Jennifer M. Meyerowitz
Summit Investment Management LLC; Atlanta
Leon Szlezinger
Jefferies; New York
Michael A. Teplitsky
Wynnchurch Capital; Rosemont, Ill.
11:00 a.m.-12:00 noon
(Concurrent)
Sponsor Liability, Including Liability Relating to Sponsors Purchasing Debt or Equity in Their Portfolios
Hosted by the Business Reorganization and Claims Trading Committees

Hon. Elizabeth S. Stong, Moderator
U.S. Bankruptcy Court (E.D. N.Y.); New York
Ashleigh L. Blaylock
TPG Global, LLC; Dallas
Richard J. Corbi
Moses & Singer LLP; New York
Fredric Sosnick
Shearman & Sterling; New York
Peter J. Young
Proskauer Rose LLP; Los Angeles
11:00 a.m.-12:00 noon
(Concurrent)
Mediating with a Higher Power: Mediation of Disputes with Governments and Governmental Agencies
Hosted by the Mediation and the Commercial and Regulatory Law Committees
Although mediation is a recommended method of dispute resolution by many government agencies, in the bankruptcy context it is often hard to get government litigants to the table. The panel will explore the Issues and methods of mediating disputes in commercial cases that involve governments and such government agencies as the SEC, EPA, and FCC, as well as state attorneys general and relevant state agencies. Issues to be discussed include how to get the decision maker into the room and how to get a governmental party to the table when its policy agenda may go beyond the business issues in the case at hand. In some instances, there may be perceived statutory impediments or “conflicts” between the government agency as regulator and as creditor. The focus will be on restructuring-determinative issues involving government agencies and adversary proceedings between debtors or other creditor constituencies and government agencies. The program will not include discussions of chapter 9 mediations, which involve very different issues. The panel will include judges, mediators and public and private litigants with experience in this type of mediation.

Susan A. Berson, Moderator
Berson Law Group; Overland Park, Kans.
Ted A. Berkowitz
Moritt Hock & Hamroff LLP; Garden City, N.Y.
Hon. Melanie L. Cyganowski (ret.)
Otterbourg P.C., Steindler, Houston & Rosen; New York
Margarita Padilla (invited)
Office of the California Attorney General; Oakland, Calif.
David Peress
Hilco Streambank; Boston
11:00 a.m.-12:00 noon
(Concurrent)
Bankruptcy Legislation in 2019 and 2020
Hosted by the Legislation Committee
The panel will discuss proposed and newly enacted legislation and how it will affect the bankruptcy practice. The panel will review the Haven Act and other veteran legislation, the small business reorganization bill, the chapter 12 debt limit bill, various student loan bills and others.

Elizabeth E. Stephens, Moderator
Sullivan Hill Rez & Engel; Las Vegas
Hon. Michelle M. Harner
U.S. Bankruptcy Court (D. Md.); Baltimore
Prof. Dalié Jiménez
University of California, Irvine School of Law; Irvine, Calif.
Robert J. Keach
Bernstein Shur; Portland, Maine
Donald L. Swanson
Koley Jessen; Omaha, Neb.
12:00-1:50 p.m.
“40 Under 40” Luncheon
Featuring Keynote by Dr. Jen Welter, the First Female NFL Coach
1:55-2:55 p.m.
(Concurrent)
The Role of a Patient Care Ombudsman in a Business Bankruptcy
This session will focus on the views of patient care ombudsmen (PCOs) on the quality-of-care issues they routinely confront in chapter 11 cases; how debtor, secured lender and committee professionals react to either support or suppress the findings made by health care experts; in-depth analysis of what constitutes the proper protocol to evaluate quality of care; the differences in the approaches made to the PCO role by a doctor, nurse and/or health care administrator; whether PCOs universally should be doctors, nurses or health care administrators and not lawyers posing as health care professionals; the obligations of PCOs to tell quality-of-care stories without concern for the potential economic impact on an exit strategy in the bankruptcy (i.e., sale, potential loss of license, etc.); the impact of transfer trauma on a change of control arising from a potential sale of the health care business; how the PCO is differentiated from a state long-term-care ombudsman, Medicare and Medicaid surveyors; and the PCO’s role as patient advocate in bankruptcy cases.

Frank P. Terzo, Moderator
Nelson Mullins Broad and Cassel; Fort Lauderdale, Fla.
Elizabeth J. Austin
Pullman & Comley LLC; Bridgeport, Conn.
Daniel T. McMurray
Focus Management Group USA, Inc.; Tampa, Fla.
Jerry Seelig
Seelig + Cussigh HCO LLC; Culver City, Calif.
1:55-2:55 p.m.
(Concurrent)
Avoiding Chapters 22, 33 and 44: Feasibility and Plan Confirmation
All constituents in the chapter 11 plan process want their reorganized debtors to be wildly successful. This panel will focus on how the chapter 11 process can be used to satisfy the feasibility standard in § 1129(a), with an emphasis on avoiding subsequent filings, and will outline the top 10 tricks to improve feasibility.

Daniel F. Dooley, Moderator
MorrisAnderson; Chicago
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Melissa S. Kibler
Mackinac Partners LLC; Chicago
Stanley W. Mastil
Gavin/Solmonese LLC; Wilmington, Del.
Stephen A. Spitzer
AlixPartners LLP; New York
1:55-2:55 p.m.
(Concurrent)
Signs and Symptoms of Substance Use and Mental Health Issues Among Attorneys
This panel will be led by a senior program analyst for the Law Assistance Program for the State Bar of California and will be an interactive discussion about how prevalent substance use and mental health issues are among attorneys, and how substance use and mental health issues impair an attorney’s ability to perform legal services competently. The panelists will also describe the signs and symptoms of substance abuse, addiction, depression, anxiety and stress, and provide information on lawyer-assistance programs and other resources.

Lisa Abella
State Bar of California – Lawyer Assistance Program; Los Angeles
Rudy J. Cerone
McGlinchey Stafford PLLC; New Orleans
James Patrick Shea
Kolesar & Leatham; Las Vegas
1:55-2:55 p.m.
(Concurrent)
Recent Trends in the Credit Bidding of Assets and Cross-Border Issues
Hosted by the Young and New Members and International Committees


Rafael X. Zahralddin-Aravena
Elliott Greenleaf; Wilmington, Del.
Jane Dietrich
Cassels Brock & Blackwell LLP; Toronto, Canada
Michael S. Neumeister
Gibson, Dunn & Crutcher LLP; Los Angeles
Kaitlin R. Walsh
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; New York
2:00-4:00 p.m.
Optional Event
Painting by the Sea
2:55-3:10 p.m.
Refreshment Break
Sponsored by Development Specialists, Inc.
3:10-4:10 p.m.
(Concurrent)
Ethics Jeopardy
This session will be an interactive program that will inform participants and provide guidance concerning fundamental issues and best practices surrounding professional responsibility and ethical conduct. Part trivia, part panel presentation, the session will engage participants to self-select “answers” from several Jeopardy categories focused on issues of interest, then provide the corresponding “questions” (prizes will be awarded). For each answer/question, our panel will provide analysis and commentary. Plus, you get ethics credit just for showing up!

Ira L. Herman, Moderator
Blank Rome LLP; New York
Prof. Nancy B. Rapoport
University of Nevada William S. Boyd School of Law; Las Vegas
Claire Ann Richman
Steinhilber Swanson LLP; Madison, Wis.
Hon. Eugene R. Wedoff (ret.)
Oak Park, Ill.
3:10-4:10 p.m.
(Concurrent)
The Party’s Over; Now, Who’s Cleaning Up?: The Post-Apocalyptic Landscape Following a § 363 Sale
The purchaser has bought all the assets, and management has a new boss. Who is left to clean up, and what are the tax, governance, potential claims against management and D&O implications that need to be addressed should the case convert? This session will address these issues and more.

Ori Katz, Moderator
Sheppard, Mullin, Richter & Hampton LLP; San Francisco
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
James E. Van Horn
Barnes & Thornburg LLP; Washington, D.C.
Donald A. Workman
BakerHostetler; Washington, D.C.
3:10-4:10 p.m.
(Concurrent)
Walk a Mile in My Shoes: The Ethics Challenges of Bankruptcy Attorneys Who Represent Debtors in Chapter 13 Cases
There have been significant challenges to the roles that counsel to debtors and creditors have played in chapter 13 cases since the enactment of BAPCPA, with little recognition that the success in completing a case through discharge is directly proportional to the efforts of the professionals involved in the proceeding, often in the face of contending with very difficult clients and circumstances. Many programs focus on the poor behaviors of counsel in an effort to provide examples or what “not to do.” This interactive ethics panel will require the panelists to take on role-reversals and encourage audience participation and debate about what can be done to support experienced professionals, and to avoid the continued diminution of the practice by having parties take on the challenges of the “other side.”

Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Misty Perry Isaacson
Pagter and Perry Isaacson, APLC; Santa Ana, Calif.
Rita Kostopoulos
Kostopoulos & Associates PLLC; Warren, Mich.
4:10-4:40 p.m.
Margarita Reception
Sponsored by Loeb & Loeb LLP and McGuireWoods LLP
4:40-5:40 p.m.
(Concurrent)
The Intersection of the Federal Arbitration Act and the Bankruptcy Code: Whose Discretion Is It, and What Does It Mean to the Future of Bankruptcy?
Neither the Bankruptcy Code nor the Bankruptcy Code’s legislative history contains an exception to the Federal Arbitration Act (FAA). As a result, bankruptcy courts grappling with whether to enforce an arbitration clause in bankruptcy have focused on whether there is an inherent conflict between the Bankruptcy Code and enforcement of arbitration pursuant to the FAA. The determination that arbitration is required could be the death knell for bankruptcy debtors. This panel will explore, in instances where arbitration is required, how to avoid jeopardizing the central objectives of the Bankruptcy Code that enable debtors to obtain a fresh start, as well as how to ensure uniformity of results to avoid what could be “wildly inconsistent” outcomes in arbitration that impact debtors on an individual and case-by-case basis.

Hon. Daniel P. Collins
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Robert M. Fishman
Fox Rothschild LLP; Chicago
Ryan G. Foley
Acrisure LLP; Philadelphia
Jane Kim
Keller & Benvenutti LLP; San Francisco
4:40-5:40 p.m.
(Concurrent)
Consumer Attorney Fees - Everything You Always Wanted to Know - The Good, the Bad and the Ugly
Hosted by the Consumer Bankruptcy and Ethics & Professional Compensation Committees
Everyone likes to see lawyers get paid! This panel will address the differing approaches for attorney fees in chapter 13 cases across the country and discuss the allowance of debtor and creditor fees while examining and discussing the ABI Consumer Commission’s recommendation on fees in chapter 13 cases generally.

Margaret A. Burks
Chapter 13 Trustee; Cincinnati
Hon. Catherine E. Bauer
U.S. Bankruptcy Court (C.D.Cal.); Santa Ana, Calif.
Hannah W. Hutman
Hoover Penrod PLC; Harrisonburg, Va.
Jon J. Lieberman
Sottile & Barile Attorneys at Law; Loveland, Ohio
4:40-5:40 p.m.
(Concurrent)
Yes, You Need Them: The Value of Financial Advisors and Investment Bankers in § 363 Sales
Hosted by the Asset Sales and Financial Advisors & Investment Banking Committees
This panel will discuss the value and involvement of financial advisors and investment bankers in successful § 363 sales, as well as strategies for working with financial advisors and investment bankers to navigate negotiations of § 363 sale terms, maximizing recoveries, and handling ethical issues that may arise in § 363 sales.

Sheila Smith, Moderator
Gordon Brothers; Brookline, Mass.
Carrianne Basler
AlixPartners, LLP; Chicago
Monique D. Hayes
Goldstein & McClintock LLLP; Miami
Ken Mann
Equity Partners HG LLC; Easton, Md.
6:00-7:00 p.m.
Women’s Reception
Sponsored by AlixPartners LLP
6:00-7:00 p.m.
American Board of Certification Reception
7:00-10:00 p.m.
Winter Soirée
Entertainment sponsored by Alston & Bird LLP; Baker Tilly Virchow Krause, LLP; Fox Rothschild LLP; Gavin/Solmonese LLC; Morris, Nichols, Arsht & Tunnell LLP; and Pachulski Stang Ziehl & Jones LLP
9:30-10:30 p.m.
Anthony H.N. Schnelling Endowment Fund Event
Sponsored by Omni Management Group, Inc.
Saturday, December 7, 2019
7:45-8:30 a.m.
Breakfast
8:30 a.m.-12:30 p.m.
Optional Event
Whale-Watching Tour
8:30-9:30 a.m.
(Plenary)
Judges’ Round-and-Round
In this round-and-round format, visit with leading judges to discuss and debate the nation’s most important recent business and consumer bankruptcy decisions.
9:30-9:45 a.m.
Networking Break
9:45-10:45 a.m.
(Concurrent)
Current Events and Hot Topics

Hon. Michael A. Fagone
U.S. Bankruptcy Court (D. Me.); Bangor
William J. Rochelle, III
American Bankruptcy Institute; New York
9:45-10:45 a.m.
(Concurrent)
How to Negotiate and Draft Sale Documents and Pleadings in Chapter 11 Cases
This panel will focus on drafting skills for bankruptcy and restructuring attorneys. It is intended to provide a practical “how to” discussion and analysis of negotiating and drafting chapter 11 sale documents and pleadings, including asset-purchase agreements, bid-procedure motions and orders, sale motions and orders, and related documents. The session will also provide form documents and discuss heavily negotiated or scrutinized provisions.

Lynn Lewis Tavenner, Moderator
Tavenner & Beran, PLC; Richmond, Va.
Matthew T. Faga
Markus Williams Young & Hunsicker LLP; Denver
Jennifer B. Kimble
Lowenstein Sandler LLP; New York
10:45-11:00 a.m.
Networking Break
11:00 a.m.-12:00 noon
(Concurrent)
WrestleMania: Who Wins When Consumer Protection Statutes Take On the Bankruptcy Code?
The FDCPA, FCRA, TILA, RESPA and the Bankruptcy Code often are incompatible with each other. Sometimes these conflicts are one-on-one, but often one of these statutes frustrates the purpose of two or more of the other statutes simultaneously. Bankruptcy exemptions and/or guidance are rare in the consumer-protection statutes, leaving it to practitioners and courts to attempt to harmonize the statutes and regulations. This panel will focus on competing statutes and regulations and how they are intertwined with the necessity for the consumer bankruptcy attorney to ensure that there is regulatory compliance. This panel will discuss not only winners and losers, but also how debtors’ counsel can best gird up for battles in the ring. This is a nuts-and-bolts approach to often-complicated arenas.

Hon. Janet S. Baer
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Christopher L. Hawkins
Bradley Arant Boult Cummings LLP; Birmingham, Ala.
Justin A. Kesselman
Arent Fox LLP; Boston
Joann Needleman
Clark Hill PLC; Philadelphia
11:00 a.m.-12:00 noon
(Concurrent)
Ponzi Schemes, EB-5 Schemes and Other Schemes Involving Real Estate
Hosted by the Commercial Fraud and Real Estate Committees
Michael Deeba
Baker Tilly Virchow Krause, LLP; Chicago
11:00 a.m.-12:00 noon
(Concurrent)
The Continued Use of Blocking Directors and Managers in Bankruptcy-Related Transactions
Hosted by the Unsecured Trade Creditors and Secured Credit Committees

Jennifer L. Marines, Moderator
Morrison & Foerster LLP; New York
Jeremy R. Fischer
Drummond Woodsum; Portland, Maine
Thomas Strauss
Wilmington Trust SP Services, Inc.; Wilmington, Del.
Brian C. Walsh
Bryan Cave Leighton Paisner LLP; Kansas City
12:00 noon
Adjourn

Pricing


Registration Rates.

    • $995

      (BEFORE 10/4/19)

    • Early

      • ABI Member $995
      • Join and Save* $1,320
      • Non-Member Rate $1,520
      • Gov't./Aca. Member $445
      • Gov't./Aca. New Member* $570
    • Register
    • $1,095

      (10/5/19 - 11/8/19)

    • Regular

      • ABI Member $1,095
      • Join and Save* $1,420
      • Non-Member Rate $1,620
      • Gov't./Aca. Member $495
      • Gov't./Aca. New Member* $620
    • Register
    • $1,195

      (AFTER 11/8/19)

    • Late

      • ABI Member $1,195
      • Join and Save* $1,520
      • Non-Member Rate $1,720
      • Gov't./Aca. Member $545
      • Gov't./Aca. New Member* $670
    • Register


* Includes a one-year ABI membership for first-time members — a $350 value! Expired members should select the member rate and add in the membership renewal fee. Membership is individual and nonrefundable.

Our Sponsors




Be recognized as a leader amongst your competitors and align your company with the leading organization and event entirely dedicated to the insolvency industry.
Contact Sharisa Sloan at ssloan@abiworld.org for sponsorship opportunities.


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Presidential Partners


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Executive Partners


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Capital Partners


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Contact


American Bankruptcy Institute

Address


66 Canal Center Plaza
Alexandria, VA

Phone

(703) 739-0800

Email

Questions about the Conference:
jguirguis@abiworld.org.