about ncbj education sessions
Wednesday, October 19
Trial Skills Workshop co-sponsored by the National Conference of Bankruptcy Judges and the American Bankruptcy Institute
8:00 am – 4:00 pm | United States Bankruptcy Court – Middle District of Florida
An intense trial skills program for attorneys with fewer than 10 years of experience. Participants will conduct mock trials based on a hypothetical problem before a faculty consisting of all bankruptcy judges. The courtroom performance of each participant will be filmed and critiqued. Due to limited capacity, eligible attorneys must apply by no later than May 15, 2022.
Learning Objectives:
- Participants are young lawyers with less than ten years of practice experience and have applied to participate in this program and are motivated to improve their trial skills.
- Participants will enhance knowledge and understanding of how to present arguments and elicit testimony on direct and cross examination from witnesses based on a hypothetical involving, among other things, feasibility, and evaluation in the context of a chapter 11 plan confirmation hearing.
- Participants will interact and practice arguments and elicit testimony in front of faculty comprised solely of bankruptcy judges.
- Participants will receive oral feedback, constructive criticism, and strategic guidance from bankruptcy judges.
- Participants will be able to review video-recordings of their performance one-on-one with faculty members and receive a copy for additional review. The participants will receive a copy of the video for future reference
Faculty:
Hon. Denise E. Barnett
(Bankr. W.D. Tenn.)
Memphis, TN
Hon. Suzanne H. Bauknight
(Bankr. E.D. Tenn.)
Knoxville, TN
Hon. Kevin J. Carey (ret.)
Hogan Lovells US, LLP
Philadelphia, PA
Hon. Jeffery Cavender
(Bankr. N.D. Ga.)
Atlanta, GA
Hon. Maria Ellena Chavez-Ruark
(Bankr. D. Md.)
Greenbelt, MD
Hon. Scott W. Dales
(Bankr. W.D. Mich.)
Grand Rapids, MI
Hon. Michael A. Fagone
(Bankr. D. Me.)
Bangor, ME
Hon. William J. Fisher
(Bankr. D. Minn.)
St. Paul, MN
Hon. Elisabetta G. Gasparini
(Bankr. D.S.C.)
Charleston, SC
Hon. David S. Jones
(Bankr. S.D.N.Y.)
New York, NY
Hon. Lori V. Vaughan
(Bankr. M.D. Fla.)
Orlando, FL
Hon. Mary F. Walrath
(Bankr. D. Del.)
Wilmington, DE
Coordinator:
Michelle M. Wilson
Clerk of Court
(Bankr. W.D. Mich.)
Grand Rapids, MI
Thursday, October 20
Bankruptcy Boom or Bust – How Far Is Too Far and Is the Day of Reckoning Here?
8:45 – 9:45 am | Palms Ballroom: Sago & Sabal
Are the bankruptcy pros zealously advancing the economic interests of their clients or pushing the edge of the envelope past the point of no return with long-term consequences that could permanently change the course of bankruptcy cases? Join our advanced panel of academic, legal and judicial experts to find out!
Learning Objectives:
- This panel is designed for experienced commercial bankruptcy practitioners and financial advisors.
- Participants will be challenged to consider certain assumptions often made by bankruptcy lawyers and financial advisors based upon doctrines that have developed over time but are not found in the Bankruptcy Code.
- Participants will examine these doctrines and the risk of using them in the current bankruptcy landscape.
- Participants will consider certain variables and contingencies and the risk of continuing to expand the use of these doctrines and processes, including with respect to restructuring economic plan support agreements, third party injunctions, plan feasibility and financing, trust funding, and equitable mootness upon substantial consummation of a plan through distributions upon the effective date.
- Participants will juxtapose balance sheet financing mechanisms/objectives against more systemic issues, including the recent trend to divert multi-district litigation into chapter 11.
Moderator:
Hon. Elaine Hammond
(Bankr. N.D. Cal.)
San Jose, CA
Speakers:
Debra Grassgreen
Pachulski, Stang, Ziehl & Jones
San Francisco, CA
Jennifer C. Hagle
Sidley Austin LLP
Los Angeles, CA
Prof. Melissa B. Jacoby
UNC School of Law
Chapel Hill, NC
Arbitration and Bankruptcy - You Got Questions, We Got Answers presented by the American Bankruptcy Law Journal, American Bar Association and American College of Bankruptcy
10:15 – 11:15 am | Palms Ballroom: Sago & Sabal
Have a burning question about an arbitration clause or its application in a bankruptcy case? This is your opportunity to have that question answered by four professors who have written articles and amicus briefs on the subject. The panel will provide their thoughts on emerging issues at the intersection of arbitration and bankruptcy law (which may soon end up before the Supreme Court) and will be prepared to answer your questions. They often will disagree. Sometimes, one of them will be right.
Learning Objectives:
- This panel is designed for both commercial and consumer bankruptcy lawyers and financial advisors
- Participants will examine the intersection of consumer and commercial bankruptcy with the Federal Arbitration Act in light of existing precedent from the United States Supreme Court.
- Participants will analyze certain factors counseling in favor and again arbitration, including economic drivers, cost-effectiveness, and the impact on arbitration proceedings pre- and post-confirmation
- Participants will participate in an interactive session with bankruptcy law professors who are considering the current state and effectiveness of arbitration in both consumer and commercial bankruptcy.
- The program is designed to be interactive with questions from the audience addressed through advanced polling and in real time; short videos previewing the program and the articles to be published by the American Bankruptcy Law Journal will be released approximately one month prior to the NCBJ Annual Meeting.
Moderator:
Hon. Michelle M. Harner
(Bankr. D. Md.)
Baltimore, MD
Speakers:
Prof. Kara J. Bruce
Univ. of Oklahoma School of Law
Norman, OK
Prof. Anthony J. Casey
Univ. of Chicago Law School
Chicago, IL
Prof. Robert M. Lawless
Univ. of Illinois College of Law
Champaign, IL
Prof. Stephen J. Ware
Univ. of Kansas Law School
Lawrence, KS
Five Secrets to a Magical Sub-V
10:15 – 11:30 am | Palms Ballroom: Canary 1 & 2
Behold, ye intrepid bankruptcy apprentices, as our panel takes you away to the magical world of Subchapter V! During this program, ye shall learn the five essential secrets to conjuring a successful small business reorganization. Is your client "eligible?" The Subchapter V trustee: friend, foe, or something cloaked in disguise? Demonstrate feasibility and build consensus. Devise your remedies. And solve the enigmas of Sub-V bankruptcies.
Learning Objectives:
- The panel is designed for practitioners and financial advisors who are new to the Small Business Reorganization Act as codified in “Sub-V” of the Bankruptcy Code, as well as those participants who have experience with Sub V bankruptcies.
- Participants will explore debt threshold eligibility issues, feasibility in connection with proposed plans of reorganization, compensation of attorneys, accountants and other professionals, post-confirmation challenges, and cramdown/consensual plans.
- Participants will explore Sub-V cases from the perspective of a bankruptcy judge, counsel to Sub-V debtors, a Sub-V trustee, and counsel to creditors.
Moderator:
Hon. Catherine P. McEwen
(Bankr. M.D. Fla.)
Tampa, FL
Speakers:
Kirk B. Burkley
Bernstein-Burkley, P.C.
Pittsburgh, PA
Amy Denton Mayer
Stichter Riedel Blain Postler PA
Tampa, FL
David A. Mawhinney
Bowditch & Dewey, LLP
Framingham, MA
The Devastating Impact of the Opioid Crisis featuring Pulitzer Prize Winning Journalist Eric Eyre
11:30 am – 12:30 pm | Palm Ballroom: Sago & Sabal
The opioid crisis has infiltrated every geographic region of the United States, causing an extraordinary loss of life and well-being, ripping at the social fabric of local communities, and exacting an unprecedented economic toll. Eric Eyre, the Pulitzer Prize winning journalist and author of Death in Mud Lick, will be joined by Professor Patrick McGinley from the West Virginia University College of Law, in an emotional and eye-opening discussion regarding the devastation experienced so many.
Learning Objectives:
- This program is designed for practitioners and financial advisors at any level of experience with the desire to understand the social and legal aspects of the opioid crisis in Appalachian communities.
- Participants will explore the opioid crisis from the perspective of a Pulitzer Prize winning journalist and a professor intimately involved in the opioid litigation from the early 2000s, this panel will explore financial and social ramifications of the opioid crisis, culminating in certain entities seeking relief under the Bankruptcy Code.
- Participants will understand the technical legal challenges confronted when attempting to obtain information and disclosures under the Freedom of Information Act, the ultimately successful attempts to unseal records in various courts including the Sixth Circuit Court of Appeals, the roles of the Department of Justice and Food & Drug Administration, the toll exacted on Appalachian communities and beyond, and the efforts undertaken by manufacturers, distributors and retailers to promote opioid use despite known adverse effects.
Moderator:
Hon. Beth Buchanan
(Bankr. S.D. Ohio)
Cincinnati, OH
Speakers:
Eric W. Eyre
Mountain State Spotlight
Charleston, WV
Prof. Patrick McGinley
West VA Univ. College of Law
Morgantown, WV
Passing the Gavel – Demystifying the Judicial Appointment Process
1:45 – 3:15 pm | Grand Ballroom 7 A
CLE/CPE not offered
Federal judges from all circuits will discuss their unique paths to the bench to demystify the appointment process and encourage the next generation to pursue a career with the judiciary. This program begins with a moderated panel discussion focused on the judicial application process and background screening; thereafter, program attendees and more than thirty judges will break into roundtable formats where the judges will have the opportunity to share personal stories about their career paths and answer any questions from the attendees. This program requires advanced registration.
Moderator:
Hon. Laurel M. Isicoff
(Bankr. S.D. Fla.)
Miami, FL
Speakers:
Hon. Adalberto Jordan
11
th Circuit Court of Appeals
Miami, FL
Hon. Diane P. Wood
7
th Circuit Court of Appeals
Chicago, IL
Circuit Breakout Sessions
These entertaining panels will engage in a rapid-fire discussion of several of the hot topics and challenging issues currently confronted by courts and professionals within the designated circuit. The programs are designed to be interactive, meaning that the audience is encouraged to not only ask questions, but also share any thoughts and comments. After the programs, attendees will have an opportunity to socialize with the judges and other professionals in attendance. All conference attendees, not just those residing in a particular circuit, are invited to the program of their choice.
Five circuit breakouts will be held on Thursday, October 20, with another four to follow on Friday, October 21
Third Circuit
3:30 - 5:00 pm | Crystal Ballroom G1
CLE/CPE not offered
Moderator:
Tobey M. Daluz
Ballard Spahr, LLP
Wilmington, DE
Speakers:
Hon. Jeffery A. Deller
(Bankr. W.D. Pa.)
Pittsburgh, PA
Hon. Christine Gravelle
(Bankr. D.N.J.)
Trenton, NJ
Hon. Patricia M. Mayer
(Bankr. E.D. Pa.)
Reading, PA
Hon. Karen B. Owens
(Bankr. D. Del.)
Wilmington, DE
Fourth and D.C. Circuits
3:30 - 5:00 pm | Crystal Ballroom DEF
Learning Objectives:
- This panel is designed for practitioners and financial advisors who wish to interact and discuss unsettled developments with sitting judges in the Fourth and DC Circuit bankruptcy courts.
- Participants will be challenged to consider certain emerging issues in the two circuits, such as imputation of non-debtor debts under 11 U.S.C. § 523(a)(2)(A) and (19), the appreciation and vesting of assets in Chapter 13, substantial contribution claims in chapter 7, implications of the sunset provision part of the CARES Act and the Bankruptcy Threshold Adjustment and Technical Corrections Act, various interpretations of the United States Supreme Court's decision in Taggart v. Lorenzen, and the economic impact of certain recent decisions regarding Fed. R. Bankr. P. 3002.1.
Moderator:
Hon. Rebecca Connelly
(Bankr. W.D.Va.)
Harrisonburg, VA
Speakers:
Hon. Elizabeth L. Gunn
(Bankr. D.D.C.)
Washington, D.C.
Hon. Pamela W. McAfee
(Bankr. E.D.N.C.)
Raleigh, NC
Hon. B. McKay Mignault
(Bankr. S.D.W.Va.)
Charleston, WV
Hon. David W. Warren
(Bankr. E.D.N.C.)
Raleigh, NC
Fifth Circuit
3:30 - 5:00 pm | Grand Ballroom 7 B
CLE/CPE not offered
Moderator:
Chad J. Husnick
Kirkland & Ellis
Chicago, IL
Speakers:
Hon. Meredith S. Grabill
(Bankr. E.D. La.)
New Orleans, LA
Hon. Marvin Isgur
(Bankr. S.D. Tex.)
Houston, TX
Hon. David R. Jones
(Bankr. S.D. Tex.)
Houston, TX
Hon. Christopher M. Lopez
(Bankr. S.D. Tex.)
Houston, TX
Sixth and Seventh Circuits
3:30 - 5:00 pm | Palms Ballroom: Canary 3 & 4
CLE/CPE not offered
Moderator:
Timothy F. Nixon
Godfrey & Kahn, S.C.
Green Bay, WI
Speakers:
Hon. Rachel M. Blise
(Bankr. E.D. Wis.)
Milwaukee, WI
Hon. Carol A. Doyle
(Bankr. N.D. Ill.)
Chicago, IL
Hon. Lisa S. Gretchko
(Bankr. E.D. Mich.)
Detroit, MI
Hon. Mina Nami Khorrami
(Bankr. S.D. Ohio)
Columbus, OH
Eighth and Tenth Circuits
3:30 - 5:00 pm | Crystal Ballroom AB
CLE/CPE not offered
Moderator:
Hon. Selene D. Maddox
(Bankr. N.D. Miss.)
Aberdeen, MS
Speakers:
Hon. Brian T. Fenimore
(Bankr. W.D. Mo.)
Kansas City, MO
Hon. Mitchell L. Herren
(Bankr. D. Kan.)
Wichita, KS
Hon. Kesha L. Tanabe
(Bankr. D. Minn.)
St. Paul, MN
Hon. Kimberley H. Tyson
(Bankr. D. Colo.)
Denver, CO
Friday, October 21
Briefing and Arguing Technical Bankruptcy Appeals Before the Supreme Court and Circuit Courts
8:45 – 10:00 am | Palms Ballroom: Sago & Sabal
Disputes in bankruptcy cases often turn on technical issues of bankruptcy law that require some background understanding of a detailed statute. This program will feature a panel of appellate experts discussing their experience and providing insight regarding how bankruptcy appeals can successfully be briefed and argued to the generalist Supreme Court and circuit courts of appeal.
Learning Objectives:
- This panel is designed for experienced as well as young lawyers desiring to understand issues of statutory interpretation.
- Participants will be exposed to and learn about how to formulate arguments on appeal by highlighting certain recent and emerging issues in the appellate courts.
- Participants will be able to identify various strategies for litigating bankruptcy issues in the trial courts when the potential for an appeal is looming.
- Participants will be exposed to drafting strategies and oral argument considerations while highlighting certain unanticipated pitfalls that professionals may encounter as they navigate the appellate courts.
Moderator:
Hon. Madeleine C. Wanslee
(Bankr. D. Ariz.)
Phoenix, AZ
Speakers:
Hon. Diane P. Wood
7
th Circuit Court of Appeals
Chicago, IL
Prof. Daniel J. Bussel
UCLA School of Law
Los Angeles, CA
Daniel L. Geyser
Haynes Boone, LLP
Denver, CO
Zachary D. Tripp
Weil, Gotshal & Manges LLP
Washington, D.C.
The Role of International Courts and Forums in Insolvency Dispute Resolution - Past, Present, and Future
10:30 - 11:30am | Crystal K L
International courts have long had a role to play in dispute resolution when enterprises are in financial distress. Increasingly, this role now includes forums, rules, and jurists with special expertise in this important area. This panel will address how these courts and other forums have evolved, and what the future may hold.
Learning Objectives:
- Participants will discern typical differences in U.S. and other country dispute resolution systems.
- Participants will learn how the roles of jurists and professionals vary by country.
- Participants will compare the economic interests of multi-national companies compared to U.S. corporations.
Moderator:
Hon. Elizabeth S. Stong
(Bankr. E.D.N.Y.)
Brooklyn, NY
Speakers:
Leyza F. Blanco, Esq.
Sequor Law
Miami, FL
Justice Elsbeth de Vos
District Court of Amsterdam
The Netherlands
Jane Kim
Keller Benvenutti
San Francisco, CA
Hon. Christopher S. Sontchi
International Judge
Singapore International Commercial Court
Circuit Breakout Sessions
First and Second Circuits
3:30 - 5:00 pm | Palms Ballroom: Canary 3 & 4
CLE/CPE not offered
Moderator:
Hon. Michael A. Fagone
(Bankr. D. Me.)
Bangor, ME
Speakers:
Hon. Lisa G. Beckerman
(Bankr. S.D.N.Y.)
New York, NY
Hon. Heather Z. Cooper
(Bankr. D. Vt.)
Burlington, VT
Hon. David S. Jones
(Bankr. S.D.N.Y.)
New York, NY
Hon. Elizabeth D. Katz
(Bankr. D. Mass.)
Springfield, MA
Hon. Jil Mazer-Marino
(Bankr. E.D.N.Y.)
Brooklyn, NY
Ninth Circuit
3:30 - 5:00 pm | Palms Ballroom: Canary 1 & 2
CLE/CPE not offered
Moderator:
Hon. Sheri A. Bluebond
(Bankr. C.D. Cal.)
Los Angeles, CA
Speakers:
Hon. Joseph M. Meier
(Bankr. D. Id.)
Boise, ID
Hon. Teresa H. Pearson
(Bankr. D. Or.)
Portland, OR
Hon. Magdalena Reyes Bordeaux
(Bankr. C.D. Cal.)
Riverside, CA
Hon. Gary A. Spraker
(Bankr. D. Alaska)
Anchorage, AK
Eleventh Circuit
3:30 - 5:00 pm | Crystal Ballroom J 2 (enter thru Crystal M)
CLE/CPE not offered
Moderator:
Paul J. Battista
Genovese Joblove Battista PA
Miami, FL
Speakers:
Hon. Jacob A. Brown
(Bankr. M.D. Fla.)
Jacksonville, FL
Hon. Tiffany Geyer
(Bankr. M.D.Fla.)
Orlando, FL
Hon. Scott M. Grossman
(Bankr. S.D. Fla.)
Fort Lauderdale, FL
Hon. Bess M. Parish Creswell
(Bankr. M.D. Ala.)
Montgomery, AL
Saturday, October 22
A Muggle Ride on the Ethics Express: Ethics Still? Always
- 8:00 - 8:30 am | Social breakfast with a judge (or you may have breakfast 8:00 to 9:00 am on your own in Royal and not be a part of the ethics program) | Palms Ballroom: Royal
- 8:30 – 9:45 am | Palms Ballroom: Royal (breakfast room)
Wake up on Saturday morning for a magical and interactive ethics presentation. Led by our Ethics Headmaster and Minister of Ethical Arts, participants will be sorted into Ethics Houses, each with a Judicial Wizard to help them compete for the coveted Ethics House Cup. Ethical scenarios from recent decisions will be dramatized by NextGen and Blackshear alumni and each house will be tasked with working together to analyze and vote on the outcome. Climb aboard at Platform 9 ¾ for a magical 1¼ hour of ethics. Robes and wands welcome, but not required.
Learning Objectives:
- This program is designed for experienced and non-experienced lawyers and financial advisors.
- Participants will be sitting at roundtables facilitated by at least one bankruptcy judge per table as they learn to identify emerging ethical issues based on hypotheticals founded in part by recent decisions from bankruptcy courts throughout the country.
- The participants will be challenged to analyze the facts and issues in a consensus building setting and identify the means by which to avoid similar circumstances as part of their practices.
Moderators:
Hon. Sims Crawford
(Bankr. N.D. Ala.)
Birmingham, AL
Hon. Elizabeth L. Gunn
(Bankr. D.D.C.)
Washington, D.C.
Contributors:
Louis Bubala
Kaempfer Crowell
Reno, NV
Sarah Fowler
Overturf Fowler LLP
Indianapolis, IN
NextGen Alum 2019
Jill Walters
Womble Bond Dickinson
Raleigh, NC
NextGen Alum 2013
Gradually, Then Suddenly: The Bankruptcy of Detroit, a documentary film presented in connection with NCBJ's Behind the Bench.
8:30 – 9:45 am | Palms Ballroom: Sago
CLE/CPE not offered
Gradually, Then Suddenly: The Bankruptcy of Detroit, winner of the 2021 Library of Congress/Ken Burns Prize for Film, was researched and produced over a six-year period by Sam Katz. The film features interviews with dozens of creditors and impacted residents and retirees, many of whom are speaking about this groundbreaking case for the first time. Continuing the discussion of Detroit's historic Chapter 9 case, featured as part of NCBJ's Behind the Bench virtual series earlier this year, Mr. Katz, a former public finance advisor, will present excerpts from the film, take questions from the audience and provide further insights regarding the complexity and controversies that characterized this story.
Moderator:
Eyal Berger
Akerman LLP
Ft Lauderdale, FL
NextGen Alum 2012
Speaker:
Sam Katz
Producer/Director
"Gradually, Then Suddenly Sneak Peak 1 – Jean Vortkamp"
"Gradually, Then Suddenly Sneak Peak 2 – DIA"
"Gradually, Then Suddenly Sneak Peak 3 – Water"
The Role of a Bankruptcy Judge
10:15 – 11:15 am | Palms Ballroom: Sago
What is the role of a bankruptcy judge? Everyone has an opinion, but does anyone truly know? Four bankruptcy judges with sometimes consistent, and other times divergent, views on the role they play will be on display during this fireside chat plenary to bring the annual meeting to a close.
Learning Objectives:
- This panel is designed for all levels of bankruptcy practice and for lawyers and financial advisors.
- Participants will learn about the "art of judging," including various judicial philosophies, techniques for managing cases, interjection by the court on a sua sponte basis even in the absence of objections, challenging procedural issues confronting practitioners, and solutions for the same.
- During this interactive program, participants will be asked to consider factors confronted by bankruptcy judges, including the burden of proof, equitable principles based on facts and circumstances, the public interest doctrine, judicial discretion in the absence of clear statutory directives, diverging stakeholder interests in facilitating consensual resolution, and potential changes to the Bankruptcy Code in order to better accomplish its overall objectives.
- Participants will learn to better understand the thought process and considerations of judges as they make crucial decisions in individual cases which will in turn help them better craft arguments on behalf of their clients.
Moderator:
Christine A. Okike
Kirkland & Ellis, LLP
New York, NY
Speakers:
Hon. Robert D. Drain
(Bankr. S.D.N.Y.)
White Plains, NY
Hon. Harlin D. Hale
(Bankr. N.D. Tex.)
Dallas, TX
Hon. Jeffery P. Hopkins
(Bankr. S.D. Ohio)
Cincinnati, OH
Hon. Grace E. Robson
(Bankr. M.D. Fla.)
Orlando, FL
