NCBJ PLENARIES & CONCURRENTS
| Thursday, Oct 31, 2019 | |
| 9:00am – 9:15am Opening Welcome | M2 - Marquis Ballroom 5 - 10 |
| 9:15am – 10:30am | M2 - Marquis Ballroom 5 - 10 |
| Broken Bench Birthday Bash — Celebrating 40 Years of the Bankruptcy Code |
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| Description: The 2019 Broken Bench program will honor the Bankruptcy Code on its 40th birthday. The program, hosted by Judge Sheri Bluebond, Judge Laura Grandy, and Professor Tony Casey, will trace the history of the Code, from its inception, enactment, and early years to its current status and future. These key events will be discussed by leading practitioners, academics, and judges who were instrumental in the Code’s creation and development. Hon. Sheri Bluebond U.S. Bankruptcy Court (C.D. Cal.) Los Angeles, CA Hon. Laura K. Grandy U.S. Bankruptcy Court (S.D. Ill.) Benton, IL Prof. Anthony Casey University of Chicago School of Law Chicago, IL |
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| 11am – 12:30pm | M2 - Marquis Ballroom 6 - 10 |
| ABLJ Symposium: Equitable Powers of the Bankruptcy Court 40 Years After the Enactment of the Bankruptcy Code Description: 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. |
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| 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, Esq. Klee, Tuchin, Bogdanoff & Stern, LLP Los Angeles, CA | Richard Levin, Esq. 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 |
| 11am – 12:30pm | M2 - Marquis Ballroom 5 |
| The “P”s of Evidence: Proper Preparation, Presentation, Pitfalls, and Practice Pointers Description: The panel will take attendees through common evidence issues faced by practitioners and judges in both consumer and commercial cases. Featuring vignettes setting the table for the discussion of evidentiary issues, the panel of two sitting judges and experienced litigators will address sticky areas in evidence, including effective impeachment, offering valuation evidence, and the use of schedules and statement of financial affairs as evidence. |
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| Hon. Michael A. Fagone U.S. Bankruptcy Court (D. Me.) Bangor, ME Hon. LaShonda Hunt US Bankruptcy Court (N.D. Ill.) Chicago, IL D. Edward Hays, Esq. Marschack Hays, LLP Irvine, CA | Rick Werder, Esq. Quinn Emanuel Urquhart & Sullivan, LLP New York, NY Elizabeth Gunn, Esq. Virginia Office of the Attorney General Richmond, VA |
| 2pm – 3:30pm | M2 - Marquis Ballroom 6 - 10 |
| Blockchain Is Coming: Blockchain Basics and How It Might Arrive at a Bankruptcy Near You Description: Thanks to a meteoric rise in value ($20k per Bitcoin in late 2017) and its frequent appearance in social media, most people have heard of the term Bitcoin. This panel will tackle the fundamentals of blockchain technology (i.e., the technology underlying Bitcoin and all other cryptocurrencies). While blockchain is most often discussed in the context of cryptocurrency, this panel will demonstrate how blockchain technology can be deployed in numerous contexts—not just with Bitcoin. The panel also will discuss how blockchain technology and cryptocurrencies could impact insolvency proceedings (in the United States and abroad), both procedurally and substantively, with particular focus on the identification and valuation of crypto assets, the potential uses of blockchain technology in the chapter 11 process under the U.S. Bankruptcy Code, and the current regulatory climate for cryptocurrencies. |
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| Hon. Thomas J. Catliota U.S. Bankruptcy Court (D. Md.) Greenbelt, MD Peter J. Barrett, Esq. Kutak Rock Richmond, VA | Joanne Lee Molinaro, Esq. Foley Lardner LLP Chicago, IL Marjorie J. Peerce, Esq. Ballard Spahr New York, NY |
| 3:30 pm – 4:30pm | M2 - Marquis Ballroom 3 - 4 |
| Blockchain Program Debriefing & Reception: Invitees: Next Generation Class of 2019, Next Gen Alumni, lawyers with 7 or less years of practice experience |
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| 3:30pm - 5:00pm | M2 - Marquis Ballroom 5 |
| Distinctions with a Difference: Considering Canadian and U.S. Substantive Law in Cross-Border Restructurings Description: Canadian and U.S judges and attorneys will discuss several of the major substantive differences between the Canadian and US insolvency laws and practices as well as certain strategic implications of these differences in effective cross border case management of insolvency cases both in and out of court. This program is co-sponsored by NCBJ and the International Insolvency Institute. |
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| Corinne Ball, Esq. Jones Day New York, NY Hon. Robert Drain U.S. Bankruptcy Court (S.D. N.Y.) White Plains, NY Hon. Mary Jo Heston U.S. Bankruptcy Court, (W.D. Wash.) Tacoma, WA | D.J. Miller, Esq. Thornton Grout Finnigan LLP Toronto, Ontario, Canada Justice Barbara Romaine Court of Queen’s Bench Alberta, Canada |
| Friday, Nov 1, 2019 | |
| 9am – 10am | M2 - Marquis Ballroom 6 - 10 |
| NCBJ Friday KEYNOTE Dr. Mark M. Zandi Chief Economist Moody’s Analytics West Chester, PA |
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| 10:30am – 11:30am | M2 - Marquis Ballroom 5 |
| Judicial Merry-Go-Round on Hot Topics – Business Cases Description: This session will provide attendees with an opportunity to participate in small group discussions regarding several novel and cutting-edge issues affecting business bankruptcy cases. Each bankruptcy judge on this panel will lead a separate discussion, and attendees will rotate through five different substantive topics with five different bankruptcy judges. Those five topics are: navigating administrative insolvency to maximize value; arbitration clauses, the Federal Arbitration Act, and resolution of claims in bankruptcy; rejection of license agreements after Tempnology; make-whole provisions; and removal, abstention, withdrawal of the reference, and related concepts. The conversations are certain to be engaging and informative, and all are encouraged to attend. |
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| Hon. Daniel P. Collins U.S. Bankruptcy Court (D. Ariz.) Phoenix, AZ Hon. Jeffrey A. Deller U.S. Bankruptcy Court (W.D. Pa.) Pittsburgh, PA Hon. Martin Glenn U.S. Bankruptcy Court (S.D. NY.) New York, NY Hon. Barbara J. Houser U.S. Bankruptcy Court (N.D. Tex.) Dallas, TX Hon. Sandra R. Klein U.S. Bankruptcy Court (C.D. Cal.) Los Angeles, CA | Hon. Keith L. Phillips U.S. Bankruptcy Court (E.D. Va.) Richmond, VA Hon. Brendan L. Shannon U.S. Bankruptcy Court (D. Del.) Wilmington, DE Hon. John K. Sherwood U.S. Bankruptcy Court (D. N.J.) Newark, NJ Hon. Kathy A. Surratt-States U.S. Bankruptcy Court (E.D. Mo.) St. Louis, MO Hon. Mary F. Walrath U.S. Bankruptcy Court (D. Del.) Wilmington, DE |
| 10:30am – 11:30am | M2 - Marquis Ballroom 3 - 4 |
| Judicial Merry-Go-Round on Hot Topics – Consumer Cases Description: This session will provide attendees with an opportunity to participate in small group discussions regarding some of the critical issues currently affecting consumer bankruptcy practitioners. Each bankruptcy judge on this panel will lead a separate discussion, and attendees will rotate through four different substantive topics with four different bankruptcy judges. Those four topics are: how to get paid - fee issues for debtors' lawyers; navigating the intersections of family law and bankruptcy law; Rule 3002.1 - fees, notice of final cure, and other issues for creditor lawyers; and section 362(c)(3) and (c)(4) - does the stay really matter? |
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| Hon. Mindy A. Mora U.S. Bankruptcy Court (S.D. Fla.) West Palm Beach, FL Hon. Suzanne H. Bauknight U.S. Bankruptcy Court (E.D. Tenn.) Knoxville, TN Hon. D. Sims Crawford U.S. Bankruptcy Court (N.D. Ala.) Decatur, AL Hon. Mary P. Gorman U.S. Bankruptcy Court (C.D. Ill.) Springfield, IL | Hon. Stephani W. Humrickhouse U.S. Bankruptcy Court (E.D. N.C.) Raleigh, NC Hon. Clifton R. Jessup, Jr. U.S. Bankruptcy Court (N.D. Ala.) Decatur, AL Hon. Stacey L. Meisel U.S. Bankruptcy Court (D. N.J.) Newark, NJ Hon. David E. Rice U.S. Bankruptcy Court (D. Md.) Baltimore, MD |
| 11:45am – 12:45pm | M2 - Marquis Ballroom 6 - 10 |
| When the Weak Link Breaks: Supply Chain Insolvencies — Automotive and Elsewhere Description: In certain industries, such as automotive, supply chain relationships have significant ripple effects, in each direction. And over time, insolvency professionals have come up with effective legal and business strategies to address them. This panel will discuss the business issues that parties face; how they’re addressed in the pre-bankruptcy workout process; and how they impact the chapter 11 process after filing. |
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| Hon. Robert E. Gerber U.S. Bankruptcy Court, (Ret.) (S.D. N.Y.); New York, NY Of Counsel Joseph Hage Aaronson, LLC New York, NY Hon. John T. Gregg U.S. Bankruptcy Court (W.D. Mich.) Grand Rapids, MI Stephen Gross, Esq. McDonald Hopkins Bloomfield Hills, MI | Alicia Masse Managing Director & Founding Partner Alderney Advisors, LLC Southfield, MI Lorraine McGowen, Esq. Orrick New York, NY |
| 11:45am – 12:45pm | M2 - Marquis Ballroom 3 - 4 |
| New Consumer Loan Products and Potential Bankruptcy Implications Description: The internet, mobile devices, big data, computer algorithms, data aggregators, personalized data, marketplace lending, virtual currencies, and other technologies are changing the way consumers borrow, make payments, and manage money. New “Fintech” products and services have also changed the way entities from credit reporting agencies to debt collectors interact with consumers. These new products promise to expand access to credit, lower costs, and improve personal financial management, and state and federal regulators have been asked to create “sandboxes” that exempt them from regulation while they are tested on consumers. What are these products and services? Can they deliver? What are the risks or unintended consequences? And what are the implications and unique issues that arise when debtors with these products enter bankruptcy? |
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| Tyler Brown, Esq. Hunton Andrews Kurth LLP Richmond, VA Carol Evans, Assoc. Dir. Div. of Consumer and Community Affairs Federal Reserve Board Washington, DC | Prof. Adam J. Levitin Georgetown University Law Center Washington, DC Garry Reeder, V.P. of Innovation and Policy Center for Financial Innovation Washington, DC |
| 3:30pm – 4:30pm | M2 - Marquis Ballroom 6 - 10 |
| NCBJ Special Event: Fireside Chat with Justice Gorsuch Hon. Neil M. Gorsuch Associate Justice Supreme Court of the United States Hon. Michael E. Romero U.S. Bankruptcy Court (D. Col.) Denver, CO |
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| 4:30pm – 6:00pm | M2 - Marquis Ballroom 3 - 4 |
| Meet and Greet with Judges and Attendees | |
| Saturday, Nov 2, 2019 | |
| 9am – 10am | M2 - Marquis Ballroom 6 - 10 |
| NCBJ Saturday KEYNOTE Artificial Intelligence Issues Confronting the Legal Profession Christina Montgomery IBM Chief Privacy Officer and an IBM Vice-President Background: Christina Montgomery is IBM’s Chief Privacy Officer and an IBM Vice President. As Chief Privacy Officer, Christina oversees IBM’s privacy program, compliance and strategy on a global basis, and directs all aspects of IBM’s privacy policies, including the IBM AI Ethics Board. |
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| 10:15am – 11:30am | M2 - Marquis Ballroom 6 - 10 |
| The Dos and Don’ts of Disclosure for Professionals in Business Cases: Tell Me Now or Pay Me Later (Ethics CLE applied for) Description: The panel will review the requirements for disclosure by professionals in business bankruptcy cases; common oversights and mistakes by professionals; appropriate corrective actions; and potential penalties for inadequate or incomplete disclosure. |
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| Hon. Kevin Huennekens U. S. Bankruptcy Court (E. D. Va.) Richmond, VA Hon. Cynthia Norton U.S. Bankruptcy Court (W.D. MO) Kansas City, MO Prof. Stephen J. Lubben Seton Hall University School of Law Newark, NJ | Clifford J. White III Executive Office for the U.S. Trustee Washington, DC Robert J. Keach, Esq. Bernstein Shur Sawyer & Nelson Portland, ME |
| 10:15am – 11:30am | M4 - Independence Ballroom D |
| Avoiding Potential Ethical Traps in Unbundling, Factoring, and Other Fee Arrangements in Consumer Cases (Ethics CLE applied for.) Description: Have you ever received an email about a “business opportunity” to represent consumer debtors? Do you question how cash-strapped consumers pay attorneys’ fees? Have you wondered about the rise of “fee-only” and “no money down” chapter 13 cases? Do you worry about how petition preparers, programs like Upsolve that help people file chapter 7, and similar programs impact the consumer bankruptcy system? This panel will address these questions and related issues touching upon access to bankruptcy for individuals with limited resources. Discussion will include, among other things, a summary of practicing attorneys’ thoughts about fee arrangements and challenges presented by prevalent alternatives offered to debtors in lieu of full payment and full retention of the attorney for the duration of the case. |
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| Hon. Robert Berger U.S. Bankruptcy Court (D. Kan.) Kansas City, KS Hon. Paul Black U.S. Bankruptcy Court (W.D. Va.) Roanoke, VA Karen Crowley, Esq. Crowley, Liberatore, Ryan & Brogan, P.C. Norfolk, VA | Prof. Lois Lupica University of Maine School of Law Portland, ME Joseph R. Prochaska, Esq. Reno & Cavanaugh, PLLC Nashville, TN |
| 1:30pm – 5:00pm Consumer Track: Three Programs | |
| 1:30-2:30 pm | M4 - Independence Ballroom D |
| Advanced Hot Topics in Consumer Bankruptcy Description: Forty years after the Code was born, so much remains unsettled as new issues constantly emerge in consumer bankruptcy. This session brings together all the players in the consumer bankruptcy arena to discuss the HOT issues. Expect some fireworks with this panel, as each panelist will discuss and debate the current issues in consumer bankruptcy from their different perspectives. Learn about the status and potential impact of pending legislation, cutting edge issues, and the recent cases that matter, as well as UST enforcement actions and predictions on what the “next big thing” will be in consumer bankruptcy. This panel will pardon the interruption, so come prepared to join the discussion. It will be a chance to participate in a lively interactive debate about current issues facing practitioners, trustees, and judges in consumer bankruptcy. |
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| Hon. Klinette H. Kindred U.S. Bankruptcy Court (E.D. Va.) Alexandria, VA Jenny L. Doling, Esq. Doling Shaw & Hanover Palm Desert, CA Adam D. Herring Associate General Counsel for Consumer Law U.S. Department of Justice Executive Office for the U.S. Trustee Washington, D.C. | Henry E. Hildebrand, III Farmer Purcell White & Lassiter, PLLC Nashville, TN Hannah W. Hutman, Esq. Hoover Penrod PLC Harrisonburg, VA |
| 2:45-3:45 pm | M4 - Independence Ballroom D |
| What Do the FDCPA and the CFPB’s Debt Collection Rulemaking Have to do with Bankruptcy? Description: The Consumer Financial Protection Bureau (CFPB) has announced it will undertake a debt collection rulemaking to address issues relating to communication practices and consumer disclosures regulated by the 40-year-old Fair Debt Collection Practices Act (FDCPA). Original and third-party debt collectors and their counsel regularly interface with the bankruptcy system and encounter challenges complying with the Bankruptcy Code and Rules and the FDCPA. Join this panel for a discussion of the CFPB’s rulemaking and unresolved issues between bankruptcy laws and the FDCPA. |
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| Karen Cordry, Esq. National Association of Attorneys General Washington, DC Thomas Domonoske, Esq. Consumer Litigation Associates Harrisonburg, VA John McNamara Asst. Director of Consumer Lending Consumer Financial Protection Bureau Washington, DC | Joann Needleman, Esq. Clark Hill Philadelphia, PA Prof. Alexandra Sickler University of North Dakota School of Law Grand Forks, ND |
| 2:45-3:45 pm | M4 - Independence Ballroom A - B |
| Clash of the Codes: Tax Issues in Consumer Bankruptcy Description: The IRS is a key player in many bankruptcies. This session will explore tax claims against debtors in bankruptcy and bankruptcy-related claims against the IRS. The panel will focus primarily on chapter 7 and chapter 13 cases. In addition to examining recent case law, this panel will share practical guidance for resolving matters with the Nation’s largest debt collector. Hon. Rebecca Connelly U.S. Bankruptcy Court (W.D. Va.) Harrisonburg, VA H. David Cox, Esq. Cox Law Group, PLLC Lynchburg, VA Ari D. Kunofsky, Esq. Dept. of Justice – Tax Division Washington, DC |
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| 4:00-5:00 pm | M4 - Independence Ballroom D |
| From Porsches to Clunkers – A Road Trip Through Car Issues Description: Many consumers file Chapter 13 petitions to save their cars, which are essential to maintaining their jobs. How are these debtors impacted by the automatic stay before and after confirmation of the Plan? How are they impacted by prior title loans, surrender issues, and late-filed claims? This interactive session – led by a former bankruptcy judge, a standing chapter 13 trustee, and attorneys representing lenders and debtors from around the country – will discuss these issues and more related to the all-important car. Prizes will be offered to attendees for correct answers! |
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| Hon. Eugene Wedoff U.S. Bankruptcy Court (Ret.) (N.D. Ill.) Chicago, IL Margaret A. Burks, Esq. Chapter 13 Trustee Cincinnati, OH J. Ford Elsaesser, Esq. Elsaesser Anderson, Chtd. Sandpoint, ID | Victoria Ferraro, Esq. Prochaska Quinn & Ferraro, PC Nashville, TN Nisha R. Patel, Esq. Samuel I. White, PC Richmond, VA |
| Conclusion of the 2019 Conference See You in San Diego October 2020 | |