NCBJ Education Committee is burning up the Zoom lines working on the Indy NCBJ CLE/CPE sessions. Social distancing requirements give NCBJ a great opportunity to reimagine the education sessions. You can expect more business and consumer topics, featuring some important but niche topics that you seldom see on programs. More small group and roundtable interactions with the colleagues and judges will mix up the schedule. Fewer talking head panelists, more engagement with speakers, more ways for you to contribute in real-time... in short, more of what you crave and less ho-hum.

See you in-person in Indy with all the virtual benefits included, or stay remote for education, wellness and whatever way works for you; you can be part of the NCBJ Indy community experience.

NCBJ Indianapolis Education Programs

All specified times are Eastern Time. All rooms are limited capacity in compliance with county health and safety and Marriott requirements.

2021 kicks off a new version of the Broken Bench program: Jeopardy Host, Chief Judge Pamela Pepper, will challenge contestants Judge Cate Furay, Professor Nancy Rapoport and Demetra Liggins with educational and fun questions. The Jeopardy categories will include: Famous Debtors, Bricks & Mortar, Supremely Strange, Sex & Religion and Covid-19.

Host:
Hon. Pamela Pepper (E.D. Wis.) Milwaukee, WI
Contestants:
Hon. Catherine J. Furay (Bankr. W.D. Wis.) Madison, WI
Prof. Nancy B. Rapoport, Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada, and an Affiliate Professor of Business Law and Ethics in the Lee Business School at UNLV, Las Vegas, NV
Demetra Liggins, McGuire Woods LLP, Houston, TX
Announcer:
Hon. Rene Lastreto II (Bankr. E.D. Cal.) Fresno, CA

Three bankruptcy judges present difficult issues they have faced and ask you to step into their shoes; to discuss the issues in small groups; and to decide what you might have done in their shoes. What you learn from your colleagues and what the judges then reveal will be interesting, educational, and revealing.

Moderator:
Camille C. Bent, Baker & Hostetler LLP, New York, NY
Presenters:
Hon. Bess M. Parrish Creswell (Bankr. M.D. Ala.) Montgomery, AL
Hon. Cynthia A. Norton (Bankr. W.D. Mo.) Kansas City, MO
Hon. Christopher S. Sontchi (Bankr. D. Del) Wilmington, DE

While some of us choose to live in denial, the Federal Rules of Evidence are not optional, as they represent one of the foundational pillars of any successful insolvency practice. This program will explore some of the more complex evidentiary issues confronted by insolvency professionals. The program is designed to provide an interactive format through discussion, debate, polling, and ultimately, observations from the Oracle of Evidence herself.

Moderator:
Hon. Peter D. Russin (Bankr. S.D. Fla.) Ft. Lauderdale, FL
Presenters:
Hon. Barbara J. Houser (Bankr. N.D. Tex.) Dallas, TX
Sean B. Davis, Winstead PC, Houston, TX
Stephen C. Hackney, Kirkland & Ellis LLP, Chicago, IL

Beyond discussing issues related to systemic bias, this panel will discuss approaches to challenging the status quo and addressing issues of diversity and inclusion. The panel of experts will provide attendees concrete, actionable knowledge on how to approach creating a welcoming workplace. Attendees will leave the session ready to jumpstart their own efforts to enhance their workplace diversity, or to contribute to the firm’s existing diversity and inclusion efforts.

Moderator:
Michael B. Bernstein, Arnold & Porter Kaye Scholer LLP, Washington, DC
Presenters:
Hon. Bernice B. Donald (6th Cir.) Memphis, TN
Prof. Angela M. Banks, Charles J. Merriam Distinguished Professor of Law, Arizona State University, Sandra Day O’Connor College of Law, Tempe, AZ
Jimmie L. McMillan, Chief Diversity Officer and Senior Corporate Counsel, IMS - Indycar - IMSP, Indianapolis, IN

Judge Clarkson's lecture and visual presentation of the life and 1656 Bankruptcy of the Dutch artist Rembrandt van Rijn paints a unique picture of art, personality, the loves of his life, and his overwhelming financial successes and failures. Descriptions of unusual mortgages and defaults, disingenuous bankruptcy planning, fraudulent transfers, litigation and appeals, secret corporations to avoid creditors, and disputes with patrons — all of which present remarkable similarities between the Dutch legal system of the 17th Century and Title 11 (the U.S. Bankruptcy Code) in the United States today. (This salon is not recorded for replay or post conference viewing.)

Presenter:
Hon. Scott C. Clarkson (Bankr. C.D. Cal.) Santa Ana, CA

Litigation Finance, long used in common and civil law jurisdictions around the world, is now a multi-billion industry in the U.S. The historic legal doctrines of champerty and maintenance, once an impediment to its use in the U.S, have largely fallen away. In bankruptcy, Litigation Finance, by “leveling the playing field”, can make it possible for debtors to pursue meritorious litigation on equal footing with well-heeled adversaries, even when the resources to do so are initially lacking, potentially resulting in greater distributions to creditors and other stakeholders.

Presenter:
Kenneth R. Epstein, Omni Bridgeway (USA) LLC, New York, NY

Build a program on the upcoming ruling in the US Supreme Court case involving the City of Chicago’s auto impound and ticketing practices. The case is Illinois v. Fulton. This could have impact on repossession, bank account freezes and other creditor action. It is a national issue.

Presenter:
Carl N. Wedoff, Jenner & Block LLP, New York, NY

A Discussion Surrounding the Current Developments in Make-Whole Litigation - Where It’s Going and Issues on the Horizon.

Presenter:
Uchechi Egeonuigwe, Brown Rudnick LLP, New York, NY

Many debtors cannot afford to pay Ch. 7 fees in full in advance of filing. This leads to perverse outcomes for debtors, including the common filing of Ch. 13 cases solely to obtain a stay while paying counsel’s fees over time or not filing a needed bankruptcy. Courts across the country are adopting local rules allowing prepetition agreements to render services post-petition for payments to be made post-petition. Many courts do not allow this. What is appropriate?

Presenter:
Hon. Tracey N. Wise (Bankr. E.D. Ky.) Lexington, KY

Each time the Supreme Court has been faced with a potential conflict between the Federal Arbitration Act and another federal statute, it has enforced the arbitration provision – although to date it has declined to take up the question with respect to the Bankruptcy Code. Bankruptcy practitioners and judges frequently identify numerous practical reasons for and against enforcing arbitration provisions in bankruptcy. If the Supreme Court were to take up the matter, how would or should it rule? Join us for a spirited discussion as we imagine ourselves preparing for that argument. Audience participation required.

Presenter:
Jane Kim, Keller Benvenutti Kim LLP, San Francisco, CA

This will be a lively discussion of the latest cases involving student loan dischargeability and issues related to litigating in this area, including what constitutes “undue hardship”, the Brunner Test, consideration of income-based repayment programs and other related topics.

Presenter:
Hon. Kathy A. Surratt-States (Bankr. E.D. Mo.) St. Louis, MO

This program would focus on what each section of 523 is really meant to address. Unfortunately, these complaints, more often than not, tend to recite a story and then the plaintiff tries to establish a cause of action under each provision of 523 to see what will stick, rather than pleading just the correct and applicable section(s).

Presenter:
Edward C. Boltz, Law Offices of John T. Orcutt, P.C., Durham, NC

For decades, consumers flocked to big branch retail stores and shopping malls. Investment vehicles, such as REITs, capitalized on this trend and invested in commercial real estate. Since their inception in 1960, REITs operated as a medium for small scale investors to participate in commercial real estate ownership. However, early in the 21st century the paradigm began to shift. Traditional brick-and-mortar retailers began to leave the scene in favor of e-commerce platforms such as Amazon. When COVID-19 forced almost all major retailers to close their doors under state-imposed lockdowns, this shift accelerated. As a result, 2020 saw more than 50 major retailers file for bankruptcy. Consequently, REITs that owned the commercial retail real estate were also forced to adapt, and in some cases file for bankruptcy.

Presenter:
Hon. Melanie L. Cyganowski, Chief Judge(Bankr. E.D.N.Y.) (Ret.),
currently Member of Firm at Otterbourg P.C.

What is in a liquidating trust agreement? What sections of the Bankruptcy Code continue to apply? Is a liquidating trustee really an estate representative under 1123(b)(3)? If so, what are the limits? What liquidating trust issues should the bankruptcy court retain jurisdiction over and what should be kicked to state court given it is a trust created under state law?

Presenter:
Yoojin Lee, Nelson Mullins Riley & Scarborough LLP, Atlanta, GA

This session will discuss how to get your consumer bankruptcy appeal across the finish line. We’ll cover strategic considerations, common pitfalls (e.g., standing, finality, mootness) and tips for navigating the course.

Presenter:
Tara Twomey, Of Counsel to the National Consumer Law Center and Executive Director for the National Consumer Bankruptcy Rights Center, San Jose, CA

A complex web of divergent actors pose consistent threats to data handled by the judiciary and the legal profession. This salon will focus on basic principles of cybersecurity and best practices for maintaining resiliency. No IT experience required – this session is intended to help empower all participants in managing risk and contributing to the collective defense against this bane of our 21st Century existence. This program only offered at 10:00 – 10:45 AM

Presenter:
John G. Loughnane, Nutter McClennen & Fish LLP, Boston, MA

In this program, you will hear from expert speakers on three continents about how international judicial training work has continued – and thrived – during the Covid-19 pandemic. Speakers will address how this work has moved ahead despite the challenges of the pandemic, new techniques and lessons learned, and how things may be different when in-person work can resume. Speakers will also address how U.S. judges and lawyers can contribute to this important rule of law work, at home and around the globe.

Presenters:
Hon. Elizabeth S. Stong (Bankr. E.D. N.Y.) Brooklyn, NY
Hon. Susana Hidvegi-Arango, Deputy Superintendent of Insolvency Procedures/Bankruptcy Judge, Columbia
Hon. Michael G. Williamson (Bankr. M.D. Fla.) Tampa, FL
Dr. Bolanle Adebola, Associate Professor and Co-Lead, Diversity Inclusion, University of Reading School of Law, Reading, United Kingdom

Resolution of important issues in bankruptcy occasionally depend on which Circuit the case is pending. In this session, a panel of three preeminent judges will hear arguments by three sets of outstanding advocates on important topics where the Circuits are divided.

Moderator:
Bill Rochelle, American Bankruptcy Institute, Alexandria, VA
Panel Judges:
Hon. Elizabeth E. Brown (Bankr. D. Co.) Denver, CO
Hon. Whitman L. Holt (Bankr. E.D. Wash.) Yakima, WA
Hon. Jeffery P. Hopkins (Bankr S.D. Ohio) Cincinnati, OH
Debaters:
Luke A. Barefoot, Cleary Gottlieb Steen & Hamilton LLP, New York, NY
Shelly A. DeRousse, Freeborn & Peters LLP, Chicago, IL
Alexandra Dugan, Bradley Arant Boult Cummings LLP, Nashville, TN
Robert Miller, Manier & Herod PC, Nashville, TN
Camisha L. Simmons, Simmons Legal PLLC, Dallas, TX
Keith H. Wofford, White & Case LLP, New York, NY

Moderator:
Hon. Catherine P. McEwen (Bankr. M.D. Fla.) Tampa, FL
Presenters:
Hon. Sheri Ann Bluebond (Bankr. C.D. Cal.) Los Angeles, CA
Hon. Paul W. Bonapfel (Bankr. N.D. Ga.) Atlanta, Ga
Hon. Bonnie Lisa Clair (Bankr. E.D. Mo.) St. Louis, MO
Hon. Bess M. Parrish Creswell (Bankr. M.D. Ala.) Montgomery, AL
Hon. Diane Davis (Bankr. N.D.N.Y.) Utica, NY
Hon. Catherine J. Furay (Bankr. W.D. Wis.) Madison, WI
Hon. Elizabeth L. Gunn (Bankr. D.D.C.) Washington, DC
Hon. Beth E. Hanan (Bankr. E.D. Wis.) Milwaukee, WI
Hon. Mitchell L. Herren (Bankr. D. Kan.) Wichita, KS
Hon. Mary Jo Heston (Bankr. W.D. Wash.) Tacoma, WA
Hon. John Hoffman Jr. (Bankr. S.D. Ohio) Columbus, OH
Hon. Laurel M. Isicoff (Bankr. S.D. Fla.) Miami, FL
Hon. David S. Jones (Bankr. S.D. N.Y.) New York, NY
Hon. Michael B. Kaplan (Bankr. D.N.J.) Trenton, NJ
Hon. John W. Kolwe (Bankr. W.D. La.) Lafayette, LA
Hon. Christopher M. Lopez (Bankr. S.D. Tex.) Houston, TX
Hon. Julie A. Manning (Bankr. D. Conn.) Bridgeport, CT
Hon. Cynthia A. Norton (Bankr. W.D. Mo.) Kansas City, MO
Hon. Charles D. Novack (Bankr. N.D. Cal.) Oakland, CA
Hon. Peter D. Russin (Bankr. S.D. Fla.) Fort Lauderdale, FL
Hon. Katharine M. Samson (Bankr. S.D. Miss.) Gulfport, MS
Hon. Christopher S. Sontchi (Bankr. D. Del.) Wilmington, DE
Hon. Elizabeth S. Stong (Bankr. E.D.N.Y.) Brooklyn, NY
Hon. Kimberley H. Tyson (Bankr. D. Colo.) Denver, CO
Hon. Madeleine C. Wanslee (Bankr. D. Ariz.) Phoenix, AZ
Hon. David M. Warren (Bankr. E.D.N.C.) Raleigh, NC

This Shark Tank-style format will feature experts pitching their ideas for changes and reforms for bankruptcy law to a panel of “sharks” who evaluate, discuss, and critique those ideas.

Moderator:
Hon. Christopher M. Alston (Bankr. W.D Wash.) Seattle, WA
Presenters:
Hon. Michael A. Fagone (Bankr. D. Me.) Bangor, ME
Hon. Stacey L. Meisel (Bankr. D. N.J.) Newark, NJ
G. Eric Brunstad Jr., Dechert LLP, Hartford, CT
Mette H. Kurth, Culhane Meadows, PLLC, Wilmington, DE
John C. Rao, National Consumer Law Center, Inc., Boston, MA

This program will explore current and emerging issues (both legal and economic) created by the CARES Act and related legislation, including the Payroll Protection Program (PPP). The format will be a lively, interactive round table format. Judges will act as table moderators, and Judges and bankruptcy practitioners will collaboratively dissect issues and ponder remedies.

In Person (24 judges)
Moderator:
Thomas J. Salerno, Stinson LLP, Phoenix, AZ
Presenters:
Hon. Martin Barash (Bankr. C.D. Cal.) Woodland Hills, CA
Hon. Jim Carr (Bankr. S.D. Ind.) Indianapolis, IN
Hon. Michael A. Fagone (Bankr. D. Me.) Bangor, ME
Hon. Brian T. Fenimore (Bankr. W.D. Mo.) Kansas City, MO
Hon. Edward A. Godoy (Bankr. D.P.R.) Ponce, PR
Hon. Harlin D. Hale (Bankr. N. D. Tex.) Dallas, TX
Hon. Beth E. Hanan (Bankr. E.D. Wis.) Milwaukee, WI
Hon. Whitman L. Holt (Bankr. E.D. Wash.) Yakima, WA
Hon. Clifton R. Jessup Jr. (Bankr. N.D. Ala.) Decatur, AL
Hon. John W. Kolwe (Bankr. W.D. La.) Lafayette, LA
Hon. Alan M. Koschik (Bankr. N.D. Ohio) Akron, OH
Hon. Margaret M. Mann (Bankr. S.D. Cal.) San Diego, CA
Hon. Robyn L. Moberly (Bankr. S.D. Ind.) Indianapolis, IN
Hon. Vincent F. Papalia (Bankr. D.N.J.) Newark, NJ
Hon. Katharine M. Samson (Bankr. S.D. Miss.) Gulfport, MS
Hon. Kathleen H. Sanberg (Bankr. D. Minn.) Minneapolis, MN
Hon. Ronald H. Sargis (Bankr. E.D. Cal.) Sacramento, CA
Hon. Gregory Schaaf (Bankr. E.D. Ky.) Lexington, KY
Hon. Frances Tydingco-Gatewood (D. Guam) Hagatna, GU
Hon. Mark S. Wallace (Bankr. C.D. Cal.) Santa Ana, CA
Hon. Madeleine Wanslee (Bankr. D. Ariz.) Phoenix, AZ
Hon. David Warren (Bankr. E.D. N.C.) Raleigh, NC
Hon. Michael G Williamson (Bankr. M.D. Fla.) Tampa, FL
Hon. Tracey N. Wise (Bankr. E.D. Ky.) Lexington, KY
Hon. Michael G Williamson (Bankr. M.D. Fla.) Tampa, FL

If you're looking for black and ethnic minority bankers in senior positions at banks, you'll have to look carefully. And you may not even know that minority banks exist. This panel will include a thought-provoking discussion around diversity and inclusion initiatives based on their personal and professional experience. The goal of the panel is to encourage an open dialogue and educate our attendees on the benefits and challenges of diversity and practical suggestions for achieving a more diverse workplace.

Moderator:
Hon. Christopher M. Lopez (Bankr. S.D. Tex.) Houston, TX
Presenter:
Josiah Lindsay, Fortress Investment Group LLC, New York, NY

The Covid-19 pandemic has changed the world of bankruptcy judges and bankruptcy practitioners. This panel will provide critical information to help you make sure you have the tools necessary to participate in this race to change.

Moderator:
Hon. M. Elaine Hammond (Bankr. N.D. Cal.) San Jose, CA
Presenters:
Hon. Christopher S. Sontchi (Bankr. D. Del.) Wilmington, DE
Hon. Laura S. Taylor (Bankr. S.D. Cal.) San Diego, CA
Matthew Feldman, Wilkie Farr & Gallagher LLP, New York, NY
Stuart A. Gold, Gold Lange Majoros Smalarz PC, Southfield, MI

Leading experts on Subchapter V bankruptcy will address key issues and strategies.

Moderator:
Hon. Benjamin A. Kahn (Bankr. M.D. N.C.) Greensboro, NC
Commentator:
Hon. Paul W. Bonapfel (Bankr. N.D. Ga.) Atlanta, GA
Presenters:
Hon. Brian D. Lynch (Bankr. W.D. Wash.) Tacoma, WA
Richardo I. Kilpatrick, Kilpatrick & Associates P.C., Auburn Hills, MI
Amy E. Vulpio, White and Williams LLP, Philadelphia, PA