ABA Programs, Luncheons & Committee Meetings

Everyone registered for NCBJ is welcome to attend the ABA afternoon programs. There is a $175 registration fee payable to ABA for materials and CLE credit for ABA programs.

The ABA Luncheons are Thursday and Friday, October 31 and November1. All ABA functions are in the Marriott Marquis. NCBJ registrants paying the $1065 or higher registration have one luncheon program included, and may choose from the two ABA luncheons, CLLA or ABI luncheon. Additional luncheons may be purchased for $90 per luncheon program.

ABA Luncheon Programs

Thursday’s luncheon program: Chapter 11 Trustees and Chief Restructuring Officers: Can They Peacefully Coexist? and presentation of the Kathryn Heidt Award

Friday’s luncheon program: Shopping for Debt: Buyer Beware of Good Deals

ABA CLE Programs - Everyone Invited to Attend

Wednesday, October 30, 2019
2:00 PM – 3:30 PM
Location: Capitol
CLE Program: (ALMOST) EVERYTHING YOU WANTED TO KNOW ABOUT Planning and Conducting an Evidentiary Hearing in Bankruptcy Court

3:45 PM – 5:15 PM
Location: Capitol
ABA CLE Program: When Worlds Collide: How To Represent the Pro Bono Client when Bankruptcy Is Only Part of the Solution

Thursday, October 31, 2019
11:00 AM -12:30 PM
Location: Marquis Ballroom 6-10
ABA CLE Program/Symposium: Equitable Powers of the Bankruptcy Court 40 Years After the Enactment of the Bankruptcy Code.
Presented by: Business Bankruptcy Committee, ABLJ, American College of Bankruptcy

1:00 PM – 3:00 PM
Location: Liberty Salons MNOP
ABA CLE Program, Kathryn R. Heidt Award Presentation. & Luncheon: "Chapter 11 Trustees and Chief Restructuring Officers: Can They Peacefully Coexist?" (Chapter 11 Luncheon)
Ticketed Event, Tickets $90

3:30 PM – 4:30 PM
Location: Archives
ABA CLE Program: The Bankruptcy Slave Trade: A Conversation with Professor Rafael Pardo

Friday, November 1, 2019
1:00 PM – 3:00 PM
Location: Independence Ballroom
ABA CLE Program & Luncheon: Shopping for Debt: Buyer Beware of Good Deals (Secured Creditors Luncheon)
Ticketed Event, Tickets $90

3:30 PM – 5:00 PM
Location: Archives
ABA CLE Program: Current Developments

ABA full schedule
Programs, Luncheons & Committee Meetings

Wednesday, October 30, 2019
2:00 PM – 3:30 PM
Location: Archives
CLE Program: (ALMOST) EVERYTHING YOU WANTED TO KNOW ABOUT Planning and Conducting an Evidentiary Hearing in Bankruptcy Court
Presented by: Business Bankruptcy Committee

This Program will cover the following topics including: (i) how to conduct depositions, prepare discovery demands, and obtain documents that are properly authenticated; (ii) use of various discovery tools to narrow the issues at the hearing; (iii) planning for, and evaluating the use of, motions in limine; and (iv) covering evidentiary foundations and objections.

Program Chair:
Leslie Berkoff; Morritt Hock & Hamroff LLP; New York, NY

Program Moderator:
Tamara Van Heel; Agentis PLLC; Miami, FL

Program Speakers:
Honorable Frank Bailey; U.S. Bankruptcy Court for the District of Massachusetts; Boston, MA
Sharon Weiss; Partner; Bryan Cave Leighton Paisner LLP; Los Angeles, CA

Program Materials Coordinator:
Tamara Van Heel; Agentis PLLC; Miami, FL

3:30 PM – 5:30 PM
Location: Liberty Ballroom
Business Bankruptcy Chair and Vice Chair Committee Meeting
Presented by: Business Bankruptcy Committee
Co-sponsor: Bankruptcy Court Structure and Insolvency Process Committee

3:45 PM – 5:15 PM
Location: Capitol
CLE Program: When Worlds Collide: How To Represent the Pro Bono Client when Bankruptcy Is Only Part of the Solution
Presented by: Business Bankruptcy Committee & Pro Bono Subcommittee

This panel will discuss how a bankruptcy attorney can assist a pro bono client when bankruptcy is only part of the solution. The panel discuss tips on how to give a holistic case assessment, the intersection of bankruptcy law and other areas of law, including immigration, benefits, landlord tenant, family and others, as well as the ethics obligation to represent a client competently.

Program Co-chairs:
Grace E. Robson; Markowitz Ringel Trusty & Hartog, PA; Ft. Lauderdale, FL
Honorable Elizabeth S. Stong; U.S. Bankruptcy Court, E.D.N.Y.; Brooklyn, NY

Program Moderator:
Grace E. Robson; Markowitz Ringel Trusty & Hartog, PA; Ft. Lauderdale, FL

Program Speakers:
Andrew R. Bloch; Cross, Pennamped, Woolsey, & Glazier, P.C.; Carmel, IN
Sidney Cherubin; Brooklyn Bar Association Volunteer Lawyers Project; Brooklyn, NY
Honorable Elizabeth S. Stong; U.S. Bankruptcy Court, E.D.N.Y.; Brooklyn, NY
Claire Thomas; New York Law School; New York, NY

Program Materials Coordinator:
Grace E. Robson; Markowitz Ringel Trusty & Hartog, PA; Ft. Lauderdale, FL

Thursday, October 31, 2019
7:00 AM – 8:00 AM
Location: Treasury
Executory Contracts Subcommittee Meeting
Presented by: Business Bankruptcy Committee

7:00 AM – 8:00 AM
Location: Mint
Model Code Project Business Bankruptcy Subcommittee Meeting Joint with MCP Consumer Bankruptcy Subcommittee
Presented by: Bankruptcy Court Structure and Insolvency Process

7:00 AM – 8:00 AM
Location: Archives
Trust Indentures Subcommittee Meeting
Presented by: Business Bankruptcy Committee

8:00 AM – 9:00 AM
Location: Treasury
Avoidance Litigation Subcommittee Meeting
Presented by: Bankruptcy Court Structure and Insolvency Process

8:00 AM – 9:00 AM
Location: Mint
Closely Held and Small Business Subcommittee Meeting
Presented by: Business Bankruptcy Committee
Co-sponsored by: Individual Chapter 11 Subcommittee

Substantive Topic: "Chapter 11 Plan Voting Issues"

Voting Problems – Chapter 11 Style. Washington DC and politics go hand in hand, and in recent years that also brings to mind voting issues. But Chapter 11 also has voting issues, particularly when dealing with Chapter 11 plans for closely held corporations. How do you deal with the one creditor class who doesn’t vote? If you have a joint plan for two related debtors, do you need an assenting class for each debtor? What about the creditor with other motives for voting – can you block the vote? What happens if you have competing plans – how do you handle the balloting and other issues? Join us as we discuss some cases highlighting these issues.

Meeting Co-chairs:
Jeffrey P. Bast; Bast Amron LLP; Miami, FL
Janet E. Bostwick; Janet E. Bostwick, PC; Boston, MA

Meeting Moderator:
Ryan J. Works; McDonald Carano; Las Vegas, NV

Meeting Speakers:
Scott A. Griffin; Griffin Hamersky LLP; New York, NY
Lisa Yonka Stevens; Yumas, Vidmar, Sweeney & Mulrenin, LLC; Columbia, MD

8:00 AM – 9:00 AM
Location: Capitol
Administration & Courts Subcommittee Meeting and Bankruptcy Appeals Subcommittee Meeting
Presented by: Business Bankruptcy Committee

Substantive Topic: "Does Gender Matter in Bankruptcy Judging?"
Co-Sponsored by National Association of Women Judges (NAWJ) in their meeting room]

A variety of studies have shown that the judge’s gender may influence the outcome in cases. It has also been shown that the methodology used by female judges may differ from their male counterparts, even in "economic activity cases." This study looked at 837 student loan discharge cases and compared the outcome of those cases based on the gender of the judge and the gender of the debtor. The study group is continuing its research with a survey of bankruptcy judges. This panel will discuss the results of the study and other issues of the influence of gender in judging.

Meeting Co-chairs:
Honorable Frank J. Bailey; U.S. Bankruptcy Court, D Mass; Boston, MA
Honorable Laurel Isicoff; U.S. Bankruptcy Court, S.D. Fla.; Miami, FL

Meeting Moderator:
Honorable Frank J. Bailey; U.S. Bankruptcy Court, D Mass; Boston, MA

Meeting Speakers:
Honorable Bernice B. Donald; U.S. Court of Appeals for the Sixth Circuit; Memphis, TN
Deborah Goldfarb; Florida International University; Miami, FL
Honorable Laurel Isicoff; U.S. Bankruptcy Court, S.D. Fla.; Miami, FL

9:00 AM – 10:00 AM
Location: Archives
Corporate Governance Subcommittee Meeting
Presented by: Business Bankruptcy Committee

9:00 AM – 10:00 AM
Location: Treasury
International Bankruptcy Subcommittee Meeting
Presented by: Business Bankruptcy Committee

11:00 AM -12:30 PM
Location: Marquis Ballroom 6-10
CLE Program/Symposium: Equitable Powers of the Bankruptcy Court 40 Years After the Enactment of the Bankruptcy Code.
Presented by: Business Bankruptcy Committee, ABLJ, American College of Bankruptcy

Are bankruptcy courts really courts of equity? To what extent can or should bankruptcy courts be permitted to exercise their equitable powers in fashioning relief in business and consumer bankruptcy cases? Co-sponsored by the American Bar Association Business Bankruptcy Committee, the American College of Bankruptcy, and the National Conference of Bankruptcy Judges, this year’s ABLJ Symposium will consist of a mock-Senate Judiciary Committee hearing, where a panel of experts will discuss and debate the equitable powers of the bankruptcy courts 40 years after the enactment of the Bankruptcy Code.

Program Speakers: Prof. Laura Coordes, Arizona State University Sandra Day O’Connor College of Law, Phoenix, AZ
Prof. Diane Lourdes Dick, Seattle University School of Law, Seattle, WA
Prof. Melissa Jacoby, University of North Carolina School of Law, Chapel Hill, NC
Kenneth N. Klee, Klee, Tuchin, Bogdanoff & Stern, LLP, Los Angeles, CA
Richard Levin, Jenner & Block, LLP, New York, NY
Prof. Bruce A. Markell, Northwestern University School of Law, Chicago, IL
Prof. Jay L. Westbrook, University of Texas at Austin School of Law, Austin, TX

12:00 PM – 1:00 PM
Location: Archives
Healthcare and Nonprofits in Bankruptcy Subcommittee Meeting and Program
Presented by: Business Bankruptcy Committee

Substantive Topic: "Sale of Not For Profit Healthcare Entities In Bankruptcy: When An Irresistible Force Meets An Immoveable Object"

The Bankruptcy Code has specific provisions that deal with the treatment of nonprofit entities. The panel will discuss challenges in sales of nonprofit healthcare entities in a manner that complies with non-bankruptcy legal requirements, an issue which has been hotly litigated.

Meeting Chair:
Samuel Maizel; Dentons US LLP; Los Angeles, CA

Meeting Moderator:
Tania Moyron; Dentons US LLP; Los Angeles, CA

Meeting Speakers:
Karen Cordry; National Association of Attorneys General; Washington, DC
Honorable Nancy Hersey Lord; US Bankruptcy Court, E.D.N.Y; Brooklyn, NY
Andrew Sherman; Sills Cummis & Gross PC; New York, NY

12:00 PM – 1:00 PM
Location: Treasury
Partnerships & LLCs in Bankruptcy Subcommittee Meeting
Presented by: Business Bankruptcy Committee

12:00 PM – 1:00 PM
Location: Mint
Legislation Subcommittee Meeting
Presented by: Bankruptcy Court Structure and Insolvency Process

1:00 PM – 3:00 PM
Location: Liberty
CLE Program, Kathryn R. Heidt Award Presentation. & Luncheon: Chapter 11 Trustees and Chief Restructuring Officers: Can They Peacefully Coexist?"
Presented by: Business Bankruptcy Committee & Chapter 11 Subcommittee

Ticketed Event, Tickets $90

The program will address the differing roles of Chief Restructuring Officers and chapter 11 trustees, discuss when a trustee appointment might be appropriate notwithstanding the presence of a CRO, and update on developments in CRO retentions and the Alix protocol.

Program Co-chairs:
Gary E. Klausner; Levene, Neale, Bender, Yoo & Brill, LLP; Los Angeles, CA
Mette H. Kurth; Fox Rothschild LLP; Wilmington, DE
Clay B. Roberts; White & Case LLP; Miami, FL

Program Moderator:
Mette H. Kurth; Fox Rothschild LLP; Wilmington, DE

Program Speakers:
Nan Roberts Eitel; U.S. Department of Justice; Washington, DC
Honorable Mary Jo Heston; United States Bankruptcy Court for Western District of WA.; Tacoma, WA
Larry Perkins; Sierra Constellation; Los Angeles, CA
James H.M. Sprayregen; Kirkland & Ellis, LLP; Chicago, IL

Program Materials Coordinator:
Lisa A. Tracy; U.S. Department of Justice; Washington, DC

3:30 PM – 4:30 PM
Location: Archives
CLE Program: The Bankruptcy Slave Trade: A Conversation with Professor Rafael Pardo
Presented by: Business Bankruptcy Committee

Historians have identified the domestic slave trade as a market activity that played a crucial role in the development of the national economy during the antebellum era. That sector flourished, in part, through support provided by the federal government. Noticeably absent from this historical account, however, has been a discussion of how federal bankruptcy law may have furthered the domestic slave trade. During this lively and thought-provoking interview, Professor Pardo will discuss his archival scholarship under the Bankruptcy Act of 1841 that examines two ways in which the federal government became entwined with the domestic slave trade: first, by becoming the owner and seller of slaves belonging to financially distressed slave owners who sought bankruptcy relief; and second, by enabling indebted slave traders to reconstruct their financial lives and thus return to the business. Professor Pardo’s research will resonate with some contemporary issues about eligibility for federal bankruptcy relief.

Program Chair:
Henry C. Kevane; Pachulski Stang Ziehl & Jones LLP; San Francisco, CA

Program Moderator:
David A. Skeel; University of Pennsylvania Law School; Philadelphia, PA

Program Speakers:
Rafael I. Pardo; Emory University School of Law; Atlanta, GA

Program Materials Coordinator:
Michael A. Sabella; Baker & Hostetler LLP; New York, NY

Friday, November 1, 2019
7:00 AM – 8:00 AM
Location: Archives
Bankruptcy Committees Subcommittee Meeting
Presented by: Business Bankruptcy Committee

7:00 AM – 8:00 AM
Location: Mint
Claims & Priorities Subcommittee Meeting
Presented by: Business Bankruptcy Committee
8:00 AM – 9:00 AM
Location: Mint
Alternative Dispute Resolution Subcommittee Meeting
Presented by: Business Bankruptcy Committee

8:00 AM – 9:00 AM
Location: Treasury
Professional Ethics Subcommittee Meeting and Program
Presented by: Business Bankruptcy Committee

Substantive Topic: "Ethics Wars": Blood-letting, conflicts, vendettas & personal attacks, and other skirmishes taking place on today's competitive business bankruptcy battlefield

There are increasing indications that disputes about alleged conflicts, nondisclosure, failure to supplement disclosures, appearances of impropriety and disputes over fee applications are becoming more frequent, more personal, and more difficult for the courts to resolve. The program will use both recent high-profile disputes as well as developments in small and medium sized cases to identify trends and potential causes.

Meeting Co-chairs:
Robert Charles, Jr.; Lewis Roca Rothgerber Christie LLP; Tucson, AZ
Richard Meth; Roseland, NJ

Meeting Moderator:
Robert Charles, Jr.; Lewis Roca Rothgerber Christie LLP; Tucson, AZ

Meeting Speakers:
Christopher Andrew Jarvinen; Berger Singerman; Miami, FL
Honorable Christopher M. Klein; U.S. Bankruptcy Court; Sacramento, CA
Melissa Anne Peña; Norris McLaughlin P.A.; Bridgewater, NJ

8:00 AM – 9:00 AM
Location: Archives
Podcasts Subcommittee Meeting joint with Webinars Subcommittee
Presented by: Business Bankruptcy Committee

9:00 AM – 10:00 AM
Location: Mint
Bankruptcy Taxes Subcommittee Meeting (canceled)
Presented by: Bankruptcy Court Structure and Insolvency Process

9:00 AM – 10:00 AM
Location: Treasury
Electronic Discovery (ESI) in Bankruptcy Cases Subcommittee Meeting
Presented by: Bankruptcy Court Structure and Insolvency Process

9:00 AM – 10:00 AM
Location: Mint
Asset Forfeiture and Bankruptcy Subcommittee Meeting
Presented by: Bankruptcy Court Structure and Insolvency Process

11:00 AM – 12:00 PM
Location: Treasury
Bankruptcy Court Structure and Insolvency Process Committee Meeting
Presented by: Bankruptcy Court Structure and Insolvency Process

12:00 PM – 1:00 PM
Location: Mint
Programs Subcommittee Meeting
Presented by: Business Bankruptcy Committee

1:00 PM – 3:00 PM
Location: Independence Ballroom A-D
CLE Program & Luncheon: Shopping for Debt: Buyer Beware of Good Deals
Presented by: Business Bankruptcy Committee

Ticketed Event, Tickets $90

The secondary market for distressed debt is vibrant and robust. This market permits traditional lenders to "exit" a distressed situation, typically to be replaced by an investor with expertise in maximizing the value of troubled companies and that is a voluntary participant in the bankruptcy process. But recent years have seen a wave of litigation arising out of transactions in distressed debt. The issues include whether the debt – in the buyer’s hands – is subject to equitable subordination or disallowance under Section 502(d) on account of the seller’s conduct, to the application of more typical principles of lender liability, the effect of a pre-petition and/or post-petition waiver and estimation of claims. This panel will address these issues and highlight recent trends and developments in this still-unsettled area of the law.

Program Co-chairs:
Craig Goldblatt; WilmerHale; Washington, DC
Corali Lopez-Castro; Kozyak Tropin & Throckmartin LLP; Miami, FL
Sharon Weiss; Partner; Bryan Cave Leighton Paisner LLP’ Los Angeles CA

Program Moderator:
Craig Goldblatt; WilmerHale; Washington, DC

Program Speakers:
Honorable Kevin J. Carey; United States Bankruptcy Court for the District of Delaware; Wilmington, DE (Retired August 2019)
Elliot Ganz; Loan Syndications & Trading Association; New York, NY
M. Ruthie Hagan; Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; Memphis, TN
Whitman L. Holt; Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles, CA

Program Materials Coordinator:
Leah Fiorenza McNeill; Bryan Cave Leighton Paisner LLP; Atlanta, GA

3:30 PM – 5:00 PM
Location: Archives
CLE Program: Current Developments
Presented by: Business Bankruptcy Committee

A group of experienced business bankruptcy lawyers from around the country will bring you up to date on developments of interest in the area. The panel encourages audience participation, and the discussion is often lively and engaging.

Program Chair:
Martin Bienenstock; Proskauer; New York, NY

Program Moderator:
Martin Bienenstock; Proskauer; New York, NY

Program Speakers:
Ogonna Brown; Lewis Roca Rothgerber Christie; Las Vegas, NV
Michael Enright; Robinson & Cole; Hartford, CT
Monique Hayes; Goldstein & McClintock; Miami, FL
Robert Millner; Dentons; Chicago, IL

Program Materials Coordinator:
Michael Enright; Robinson & Cole; Hartford, CT