Schedule at a Glance
Optional Event: Golf Tournament at TPC Champions Course
- 8:00 a.m.
American Board of Certification Exams
- 9:00 a.m.-5:00 p.m.
Registration Desk Open
- 12:00-6:00 p.m.
Optional Event: Tennis Tournament
- 1:00 p.m.
Exhibit Hall Open
Sponsored by Sherwood Partners, Inc./agencyIP
- 4:00-6:00 p.m.
Annual Care Holiday Reception (Invite Only)
- 4:30-6:00 p.m.
- 5:00-6:00 p.m.
- 6:00-8:00 p.m.
Optional Event: Winter Fun Run
Sponsored by AlixPartners LLP
- 6:00 a.m.
- 7:15-7:45 a.m.
- 7:45-8:00 a.m.
This year the conference 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 session!
Douglas E. Deutsch, Moderator
Clifford Chance US LLP; New York
Did That Really Happen in Court Today?
Judge Carey will take a reminiscent trip through a typical day in court by recounting the successful presentations and skill sets employed by lawyers that work really well for him, as well as the ones that don’t — all in an entertaining and informative way.
Hon. Kevin J. Carey
U.S. Bankruptcy Court (D. Del.); Wilmington
#MeToo: Where I’ve Been, and Where Bankruptcy Professionals Are Going
Cathy Hershcopf graduated from law school in 1985 and entered into “big law” restructuring practice immediately — a world where women were rarely found. Her personal journey is one that will resonate, especially in today’s environment. Her impactful talk will also present, in an interactive format, several challenging fact scenarios from the legal workplace for the audience to consider.
Cathy R. Hershcopf
Cooley LLP; New York
Sovereign Citizens Movement (Best Mid-Atlantic Bankruptcy Workshop Program)
Tom Horan will introduce everyone to the beliefs of sovereign citizens — a loose collection of individuals who contend that the U.S. government is illegitimate and who seek to transform American society into one where government plays a minimal role. Find out what happens when their belief system collides with the Bankruptcy Code and the courts.
Thomas M. Horan
Fox Rothschild LLP; Wilmington, Del.
A Rose Is a Rose Is a Rose — or Is It?
Is a deposit in a bank a transfer of the debtor’s assets? Ron Peterson will discuss this and more, as well as review appellate court decisions of the Fourth, Sixth, Seventh and Ninth Circuits.
Ronald R. Peterson
Jenner & Block; Chicago
The AlixPartners/McKinsey Dispute: “Sour Grapes” Tempest in a Teapot, or the New Normal?
Tom Salerno will explore the dynamics of the extraordinary pending litigation involving retention disclosures between McKinsey & Co. and AlixPartners, and will discuss the potentially far-reaching legal, political and practical ramifications of that dispute for the restructuring community on all sides of the industry. Is this a tipping point for the bankruptcy world that will create a new industry order, or just a “sour grapes,” spurned advisor’s tempest in a teapot?
Thomas J. Salerno
Stinson Leonard Street LLP; Phoenix
- 8:00-9:20 a.m.
Concurrent Sessions (3)
An LLC’s Path Through Chapter 11
Limited liability companies did not exist when the Bankruptcy Code was enacted. Case law related to LLCs and bankruptcy is conflicting and sometimes confusing. This panel will discuss the unique issues related to LLCs and bankruptcy law.
Douglas A. Bates, Moderator
Clark, Partington, Hart, Larry, Bond & Stackhouse; Pensacola, Fla.
James E. Bird
Polsinelli; Kansas City, Mo.
Erin R. Fay
Bayard, P.A.; Wilmington, Del.
George E. Zobitz
Cravath, Swaine & Moore LLP; New York
The New and Improved Unsecured Creditors’ Committee
This panel of experienced committee professionals will discuss and analyze what it takes to maximize results for unsecured creditors in today’s chapter 11 cases.
Douglas Mannal, Moderator
Kramer Levin Naftalis & Frankel LLP; New York
Richard S. Lauter
Lewis Brisbois Bisgaard & Smith LLP; Chicago
Jeffrey N. Pomerantz
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Samuel E. Star
FTI Consulting, Inc.; New York
Ernst & Young LLP; New York
Consumer: Consumer Ethics: Navigating the TightRope
This panel will discuss recent ethics opinions and modern issues facing consumer practitioners.
Susan M. Freeman, Moderator
Lewis Roca Rothgerber Christie LLP; Phoenix
Hon. Mary Grace Diehl (ret.)
Hon. Bruce A. Harwood
U.S. Bankruptcy Court (D. N.H.); Concord
The Law Office of William J. Factor, Ltd.; Chicago
- 9:30-10:30 a.m.
- 10:30-11:00 a.m.
CONCURRENT SESSIONS (4)
Litigating New Financial Industry Issues in Bankruptcy: Cryptocurrency, Blockchain, and Other Breaking News
Hosted by the Bankruptcy Litigation and the Commercial & Regulatory Law Committees
Breaking stories on blockchain or cryptocurrency seem to hit the news daily. Litigating issues involving this new area presents challenges, as there is no central issuing or regulatory authority. There are no official clearinghouses or oversight by financial institutions, and users act autonomously in transactions. This panel will discuss the various measures of protection for cryptocurrency players in the financial industry and how to litigate the complex issues.
Berson Law Group LLP; Overland Park, Kan.
Andrew C. Helman
Murray Plumb & Murray; Portland, Maine
Laura E. Jehl
BakerHostetler; Washington, D.C.
Hon. Stacey G. C. Jernigan
U.S. Bankruptcy Court (N.D. Tex.); Dallas
Historical Perspectives: Bankruptcy and the U.S. Supreme Court
Join leading bankruptcy scholars Professor Ronald J. Mann (Columbia), Professor Margaret Howard (Washington & Lee) and Professor Ralph Brubaker (University of Illinois) as they discuss Professor Mann's recent book, Bankruptcy and the U.S. Supreme Court. The presentation will not only focus on the most important bankruptcy decisions by the Supreme Court but also on the decision-making process that the Justices undertake to reach their conclusions. This session should not be missed!
Ronald J. Mann
Columbia Law School; New York
Ralph E. Brubaker
University of Illinois College of Law; Champaign, Ill
Washington and Lee University Law School; Lexington, Va
Attorneys and Advisors for All of Us: Representation of Directors and Managers in the Sale of Debtor Assets
Hosted by the Asset Sales and the Financial Advisors & Investment Banking Committees
This panel will focus their discussion on the need for disinterested independent directors to employ their own counsel/FAs/IBs in connection with the sale of assets. The main topic will be based on the facts in the Toys “R” Us case, where six groups of independent managers and directors have their own separate counsel and advisors. The panelists believe that similar facts exist in other recent cases, and more cases will reflect this in the future. The panel will discuss such topics as the need for this type of representation, the costs associated and how such costs are accounted for in the case, and what other legal and ethical implications all of this can have on the sale of a debtor’s assets.
Robert M. Fishman
Fox Rothschild LLP; Chicago
Hon. Barbara J. Houser
U.S. Bankruptcy Court (N.D. Tex.); Dallas
Harvey L. Tepner
Independent Corporate Director; New York
Aparna V. Yenamandra
Kirkland & Ellis LLP; New York
Access to Justice Revisited: Getting Chapter 7 Debtor Counsel Paid
Hosted by the Consumer Bankruptcy and Legislation Committees
A fresh start is now becoming less attainable for many debtors because the traditional "all-up-front" attorney fee approach discourages filing for chapter 7. Some attorneys are solving this problem by splitting pre-petition and post-petition services into separate agreements to allow post-petition payments for post-petition work. The panel will discuss the practical need for this type of fee arrangement, the nuts and bolts of this payment arrangement, the pros and cons of such a system, where it is and where it is not allowed under existing law, a discussion of the current case law concerning such a system, and various policy considerations under review by ABI's Consumer Bankruptcy Commission.
John R. Bollinger
Boleman Law Firm, P.C.; Hampton, Va.
Prof. Laura Napoli Coordes
Sandra Day O’Connor College of Law, Arizona State University; Phoenix
Executive Office for U.S. Trustees; Washington, D.C.
Richard D. Nelson
Cohen, Todd, Kite & Stanford, LLC; Cincinnati
- 11:00 a.m.-12:00 noon
“40 Under 40” Luncheon
Join us during this special luncheon to honor the 2018 class of ABI’s “40 Under 40,” featuring keynote speaker Molly Bloom.
Keynote sponsored by Cravath, Swaine & Moore LLP
- 12:00-1:50 p.m.
Concurrent Sessions (3)
Internal & External Referrals: How to Get and Use Them
This panel of experienced lawyers, claims agents, accountants and turnaround managers will provide tips on how to obtain and mine internal and external referral sources to generate business.
Paul H. Deutch, Moderator
Omni Management Group, Inc.; New York
Linda V. Aron
EisnerAmper LLP; New York
Geoffrey L. Berman
Development Specialists, Inc.; Los Angeles
Thomas R. Califano
DLA Piper; New York
Pauline K. Morgan
Young Conaway Stargatt & Taylor, LLP; Wilmington, Del.
Maximizing Auction Results in a § 363 Sale
This panel will explore how to maximize values in an auction/§ 363 sale for all constituents, and reveal “tricks of the trade” regarding how to generate value for the estate and unsecured creditors in different ways.
Adam G. Landis, Moderator
Landis Rath & Cobb LLP; Wilmington, Del.
Alpesh A. Amin
Conway MacKenzie; Chicago
Jordan A. Kroop
Perkins Coie LLP; Phoenix
Willkie Farr & Gallagher LLP; New York
Jefferies LLC; New York
Small Business Cases and Individual Chapter 11 Cases
It is difficult to confirm reorganization plans in small business cases and individual chapter 11 cases. This panel will discuss best practices in getting these types of cases across the finish line.
Sacks Tierney PA; Scottsdale, Ariz.
Hon. Martin R. Barash
U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills
Alan D. Halperin
Halperin Battaglia Benzija, LLP; New York
Doling Shaw & Hanover, APC; Palm Desert, Calif.
- 2:00-2:50 p.m.
Concurrent Sessions (3)
Takata: The Global Car Crash
This panel will feature a discussion among key players in the Takata Automotive case addressing its complexities, including significant cross-border issues and the world’s largest automobile recall, which involved tens of millions of vehicles worldwide.
Ronit Berkovich, Moderator
Weil, Gotshal & Manges LLP; New York
Jessica C.K. Boelter
Sidley Austin LLP; New York
Mark E. Freedlander
McGuireWoods LLP; Pittsburgh
Alderney Advisors; Southfield, Mich.
Robert V. Sartin
Frost Brown Todd LLC; Nashville, Tenn.
Safe-Harbor Issues After Lehman
This panel will discuss how case law since Lehman has both narrowed and expanded the various safe harbor provisions contained in the Bankruptcy Code.
Lisa G. Beckerman, Moderator
Akin Gump Strauss Hauer & Feld LLP; New York
Joel D. Applebaum
Clark Hill, PLC; Birmingham, Mich.
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains
Oscar N. Pinkas
Dentons US LLP; New York
Christy L. Rivera
Norton Rose Fulbright US LLP; New York
You be the Judge: A §523(a)(6) consumer mock trial
This session offers a valuable-yet-fun look at §523 through a mock adversary trial. Conducted by some of the most experienced bankruptcy litigators in the country, this event will most definitely help sharpen your trial skills.
Jon Jay Lieberman, Moderator
Sottile & Barile LLC; Loveland, Ohio
Hon. Dennis R. Dow
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Lisa Sommers Gretchko
Howard & Howard Attorneys PLLC; Royal Oak, Mich.
David P. Leibowitz
- 3:00-4:00 p.m.
- 4:00-4:30 p.m.
In this roundtable format, attendees can visit with leading judges (each presiding at their own table) to discuss and debate the nation’s most important recent business and consumer bankruptcy decisions.
- 4:30-5:30 p.m.
- 5:30-6:30 p.m.
Final Night Dinner Gala: Casino Night
Dinner sponsored by EisnerAmper LLP
Casino Night sponsored by Alston & Bird LLP, BakerHostetler, Baker Tilly Virchow Krause, LLP, Ballard Spahr LLP, Bernstein Shur, Fox Rothschild LLP, Gavin/Solmonese LLC, Morris, Nichols, Arsht & Tunnell LLP and Pachulski Stang Ziehl & Jones LLP
- 7:30-10:00 p.m.
- 9:45-10:45 p.m.
- 8:00-8:30 a.m.
CONCURRENT SESSIONS (3)
Business Valuations 101
According to a recent study, 5 out of 4 lawyers struggle with claims calculations! In a mock court presentation, our experts examine diverging opinions over petition period interest rates, use of cash collateral, collateral assignments, and changing collateral values during the petition period.
Franklind D. Lea, Moderator
Tactical Financial Consulting; Alpharetta, Ga.
Michael L. Bernstein
Arnold & Porter Kaye Scholer LLP; Washington, D.C.
Hon. Hannah L. Blumenstiel
U.S. Bankruptcy Court (N.D. Cal.); San Francisco
Kathryn B. McGlynn
Zolfo Cooper; New York
Realty Bites: Ethical Issues in Real Estate Cases
Hosted by the Ethics & Professional Development and Real Estate Committees
The panel discussion will focus on scenarios grounded in real estate and ethics, including ethical issues surrounding initial interviews and conflict checks, ethically pursuing cases posing potential good-/bad-faith issues due to cannabis-related uses of real property, whether “zealous representation” is still a guiding principle, whether one may ethically use internet “information” as a litigant and judge, and how to appropriately raise potential judicial misconduct.
Steven N. Berger
Engelman Berger, PC; Phoenix
Richard P. Carmody
Adams and Reese LLP; Birmingham, Ala.
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Schian Walker P.L.C.; Phoenix
Keeping the Patient Alive: Avoiding Administrative Insolvency in Health Care Cases
Hosted by the Business Reorganization, Health Care and Secured Credit Committees
The panel will discuss the risk of administratively insolvent health care cases, the issues that create such risk, the impact on the various constituencies, and potential ways to mitigate those risks, including the use of cash collateral and availability of post-petition financing. The panel will also address one specific issue that creates the risk of administratively insolvent health care cases: the exercise of the so-called Strumpf administrative freeze by CMS on Medicare reimbursements, which can cut off the lifeline of many health care businesses.
Richard T. Arrowsmith
Alvarez & Marsal; Washington, D.C.
Hon. Daniel P. Collins
U.S. Bankruptcy Court (D. Ariz.); Phoenix
John J. Cruciani
Husch Blackwell LLP; Kansas City, Mo.
Nancy A. Peterman
Greenberg Traurig, LLP; Chicago
- 8:30-9:30 a.m.
- 9:30-9:45 a.m.
Concurrent Sessions (2)
Business Update: Hot Topics in Business Law
Hear from our accomplished panelists as they highlight recent business cases of significance to bankruptcy practitioners.
Norman L. Pernick, Moderator
Cole Schotz P.C.; Wilmington, Del.
Omar J. Alaniz
Baker Botts LLP; Dallas
Jane A. VanLare
Cleary, Gottlieb, Steen & Hamilton LLP; New York
Mark P. Williams
Norman, Wood, Kendrick & Turner; Birmingham, Ala.
Consumer Update: Hot Topics in Consumer Law
The practice of consumer bankruptcy law is an ever-changing landscape, with new issues arising every day! This panel will explore some of the most recent exciting and evolving decisions including discharge of student loans, the challenges when personal property is repossessed pre-petition, pawn loans and the automatic stay, and consumer class actions in bankruptcies.
Hon. Eugene R. Wedoff (ret.), Moderator
Oak Park, Ill.
Elizabeth E. Stephens
Sullivan Hill Lewin Rez & Engel; Las Vegas
Hon. Deborah L. Thorne
U.S. Bankruptcy Court (N.D. Ill.); Chicago
Daniel A. White
Askew & Mazel, LLC; Albuguerque, N.M.
- 9:45-10:45 a.m.
- 10:45 a.m.-11:00 a.m.
Concurrent Sessions (3)
Ethics Update: Show Me the Money! How to Get Paid Ethically!
A panel of experts examines the potential pitfalls and divergent case law regarding compensation and ethical issues in bankruptcy.
Hon. Michael A. Fagone, Moderator
U.S. Bankruptcy Court (D. Maine); Bangor
Monique D. Hayes
Goldstein & McClintock LLLP; Miami
William J. Rochelle, III
American Bankruptcy Institute; New York
Hon. Madeleine C. Wanslee
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Should We File It Here or There? Venue Options in Cross-Border Cases
Hosted by the International and Young & New Members Committees
This panel will discuss the advantages and disadvantages of filing bankruptcy under chapter 15 vs. chapter 11 in the U.S. where the prospective debtor is a multinational company, and the potential consequences of each type of filing across the capital structure of the company (e.g., secured creditors, unsecured creditors, equity, etc.). The panelists, all ABI 2017 "40 Under 40" honorees, will contrast the insolvency laws of specific countries with the U.S. Bankruptcy Code, and explain how these comparisons can ultimately guide a company's decision on whether to file in the U.S. and, if so, under what chapter.
Adam C. Ballinger
Ballard Spahr LLP; Minneapolis
Buchalter, PC; San Francisco
Ryan A. Maupin
Grant Thornton LLP; New York
Zachary H. Smith
Moore & Van Allen PLLC; Charlotte, N.C.
Sharpening the Tools in Your Mediation Toolkit
Hosted by the Mediation and the Unsecured Trade Creditors Committees
Formatted largely as a mock mediation session, this interactive panel will demonstrate best practices to prepare for, participate in, and successfully conclude a mediation session. Topics will include pre-mediation written submissions, preparing clients (and oneself) for a mediation session, managing the mediator and the client once the session begins, strategies for guiding a mediation session to a successful resolution, and tips for breaking an impasse.
Ian C. Bifferato
The Bifferato Firm PA; Wilmington, Del.
Kara E. Casteel
ASK LLP; St. Paul, MN
Hon. Leif M. Clark (ret.)
CBInsolvency LLC; Swampscott, Texas
Jeffrey P. Nolan
Pachulski Stang Ziehl & Jones; Los Angeles
Jeffrey W. Warren
Bush Ross, PA; Tampa
- 11:00 a.m.-12 noon
- 12 noon