February 4, 2016

ABA PROGRAMS AND COMMITTEE MEETINGS

2017 Business Bankruptcy Committee Fall Meeting
in Conjunction with the National Conference of Bankruptcy Judges
October 8-10, 2017 – Paris Hotel, Las Vegas, NV
Rev 5-12-17

Sunday, October 8, 2017

 3:00 – 5:00 p.m.
Location: Champagne 2
CLE Program: Securities Law for Bankruptcy Dummies
Presented by: Business Bankruptcy Committee

Bankruptcy lawyers frequently encounter securities law issues when confirming a plan of reorganization, yet they often rely on securities law experts to guide the formulation of many critical plan provisions.  This program will introduce fundamental securities rules and policies and then explore their application under the Bankruptcy Code.  The panel will address the Section 1145 registration “safe harbor,” the charter requirements under Section 1123, the requirements for pre-packaged plans, the applicability of corporate governance requirements in bankruptcy, and continued public reporting obligations, among many other matters.

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

Moderator:
Benjamin Edwards, University of Nevada, Las Vegas William S. Boyd School of Law, Las Vegas, NV

Speakers:
Alistaire Bambach, Securities and Exchange Commission, Division of Enforcement, New York, NY
Maxim B. Litvak, Pachulski Stang Ziehl & Jones LLP, San Francisco, CA
Sean O’Neal, Cleary Gottlieb Steen & Hamilton, New York, NY
Monica K. Thurmond, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY

Program Materials Coordinator:
Seguin L. Strohmeier, Cleary Gottlieb Steen & Hamilton, New York, NY

3:00 – 5:00 p.m.
Location: Champagne 4
CLE Program: Pro Bono in the Digital Age:  The Benefits of Technology and Ethical Issues Implicated by its Use
Presented by: Business Bankruptcy Committee

Use of technology and social media, including benefits and risks, including ethical issues regarding attorney competence and other issues that can arise before and during the course of representation of a client.

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

Moderator:
Honorable Elizabeth S. Stong, U.S. Bankruptcy Court, E.D.N.Y, Brooklyn, NY

Speakers:
Lois R. Lupica, University of Maine School of Law, Maine Law Foundation Professor of Law, Portland, ME
Freddi Mack, K&L Gates LLP, Miami, FL
Warren E. Agin, Analytic Law LLC, Boston, MA
Jonathan Petts, Upsolve, New York, NY

Program Materials Coordinator:
Latriece Jones, University of Miami School of Law, Miami, FL

4:00 – 6:00 p.m.
Location: Concorde C
Chairs & Vice Chairs Committee Meeting
Presented by: Business Bankruptcy Committee

Monday, October 9, 2017

7:30 – 8:30 a.m.
Location: Concorde A4
Administration and Courts Subcommittee Meeting
Presented by:  Business Bankruptcy Committee
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

7:30 – 8:45 a.m.
Location: Concorde A1
International Bankruptcy Subcommittee
Presented by:  Business Bankruptcy Committee
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

7:30 – 8:30 a.m.
Location: Concorde A3
Small Business Subcommittee Meeting
Presented by:  Business Bankruptcy Committee

Small Business Debtor Provisions in Chapter 11 – What is working and what is not?
More than 12 years has passed since BAPCPA changed the “small business debtor” provisions and made them mandatory for certain business debtors.  So what have we learned since that change – both from court decisions and practical experience?  An experienced panel of business bankruptcy practitioners will discuss the case law and developments regarding “Small Business Debtors” and how the provisions work both under the law and in practice.

Subcommittee Co-chairs:
Jeffrey Bast, Bast Amron LLP, Miami, FL
Janel E. Bostwick, Janet E. Bostwick, PC, Boston, MA

Moderator:
Jeffrey Bast, Bast Amron LLP, Miami, FL

Speakers:
Susan Seflin, Brutzkus Gubner Rozansky Seror Weber LLP, Woodland Hills, CA
Janel E. Bostwick, Janet E. Bostwick, PC, Boston, MA
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

7:30 – 8:45 a.m.
Location: Concorde A2
Claims & Priorities/Insurance/Mass Torts and Environmental Claims Joint Subcommittee Meeting
Presented by:  Business Bankruptcy Committee
         Toll-Free U.S. Number:  866-646-6488
         International Number: 707-287-9583
         Conference Code:

7:30 – 9:00 a.m.
Location: Champagne 4

E-Newsletter Subcommittee Meeting
Presented by:  Business Bankruptcy Committee
         Toll-Free U.S. Number:  866-646-6488
         International Number: 707-287-9583
         Conference Code:

8:45 – 9:45 a.m.
Location: Concorde A2
Electronic Discovery (ESI) in Bankruptcy Cases Subcommittee Meeting
Presented by: Bankruptcy Court Structure and Insolvency Process
         Toll-Free U.S. Number:  866-646-6488
         International Number: 707-287-9583
         Conference Code:

9:45 – 10:45 a.m.
Location: Concorde A2
Monetization Subcommittee Meeting
Presented by: Bankruptcy Court Structure and Insolvency Process
         Toll-Free U.S. Number:  866-646-6488
         International Number: 707-287-9583
         Conference Code:

10:30 – 11:30 a.m.
Location: Concorde A3
Asset Forfeiture and Bankruptcy/White-Collar and Business Bankruptcy Initiative Joint Subcommittee Meeting
Presented by: Bankruptcy Court Structure and Insolvency Process & Business Bankruptcy
         Toll-Free U.S. Number:  866-646-6488
         International Number: 707-287-9583
         Conference Code:

1:15 – 3:15 p.m.
Location: Vendome A
Chapter 11 Luncheon, Heidt Award Presentation and CLE Program: Who’s My Client:  The Practice and Ethics of Third Party Financing in Bankruptcy?
Presented by: Business Bankruptcy Committee
Ticketed Event, Tickets $90, Available at ABA Registration Desk

A distinguished panel will discuss the practice of third party funding in bankruptcy cases along with the ethical issues which might arise as a result of litigation funding.  The panel is cosponsored by the Chapter 11 Subcommittee and the Professional Ethics Subcommittee.

Program Co-chairs:
David Fournier, Pepper Hamilton, Wilmington, DE
Richard M. Meth, Fox Rothschild LLP, Morristown, NJ
Rob Charles, Lewis Roca Rothberger Christie, Tucson, AZ

Moderator:
Clay Roberts, Genovese Joblove & Battista, P.A., Miami, FL

Speakers:
Jessica Cino, Georgia State University College of Law, Atlanta, GA
Benjamin Finestone, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY
Hon. Laurel M. Isicoff, United States Bankruptcy Court for the Southern District of Florida, Miami, FL
Allan Diamond, Diamond McCarthy, LLP, Houston, TX
Justin Brass, Chelsea Grove LLC, New York, NY

3:30 – 5:00 p.m.
Location: Champagne 3
CLE Program: Mindful Mediation – the ways and means of successful bankruptcy mediation
Presented by: Business Bankruptcy Committee

This program will explore bankruptcy mediation in the context of plan confirmation and mass claims by or against the estate.  The panel will discuss Court authority to force parties to mediate, Court involvement in the mediation process, initiating mediation, when mediation works, techniques that help build consensus; ways to overcome obdurate behavior; evaluation of strengths and weaknesses; brokering a deal; the importance of preparation and the relentless search for pathways to resolution.

Program Chair and Moderator:
David F. Waguespack, Carver Darden LLC, New Orleans, LA

Program Speakers:
James M. Peck, Morrison & Foerester LLP, New York, NY
Judith W. Ross, Law Offices of Judith W. Ross, Dallas, TX
Peter L. Borowitz, Debevoise & Plimpton, New York, NY

4:30 – 5:30 p.m.
Location: Concorde A1
Trustees and Examiners Working Meeting Presented by: Business Bankruptcy Committee
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

Tuesday, October 10, 2017

7:30 – 8:45 a.m.
Location: Concorde A3
Heath Care and Non-Profit Subcommittee Meeting
Presented by:  Business Bankruptcy Committee

Cyber-attack:  Zombies, Data and Hospitals.  What Do You Do in a Hospital Bankruptcy?
The risk that protected patient data, credit card information, or financial records may be improperly disclosed or that critical medical devices may be hacked during a bankruptcy is real.  This meeting explores preventing and dealing with data breaches, and transferring data and assets, when healthcare, cybersecurity, and bankruptcy are involved.

Program Co-chairs:
Leslie A. Berkoff, Moritt Hock & Hamroff LLP, New York, NY
Andrew Troop, Pillsbury Winthrop Shaw Pittman LLP, New York, NY

Moderator:
Natasha Songonuga, Gibbons, Wilmington, DE and Neward, NJ

Program Speakers:
Leslie A. Berkoff, Moritt Hock & Hamroff LLP, New York, NY
Brian E. Finch, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC
Fabio Recine, Computershare, New York, NY
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

7:30 – 8:45 a.m.
Location: Concorde A2
Rules Subcommittee & Claims Trading Joint Subcommittee Meeting
Presented by: Business Bankruptcy Committee
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

7:30 – 8:30 a.m.
Location: Concorde A1
Bankruptcy Committee Subcommittee and Professional Ethics Subcommittee Joint Meeting Presented by: Business Bankruptcy Committee
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

8:45 – 9:45 a.m.
Location: Concorde A2
Publications Subcommittee Meeting
Presented by: Business Bankruptcy Committee
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

9:00 – 10:00 a.m.
Location: Concorde A1
IP & Technology Subcommittee Meeting
Presented by: Business Bankruptcy Committee
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

9:00 – 10:00 a.m.
Location: Concorde A3
Ethics of Law Firm Dissolution and Bankruptcy Subcommittee Meeting
Presented by: Business Court Structure and Insolvency Process
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

1:15 – 3:15 p.m.
Location: Concorde C
Secured Creditor Luncheon and CLE Program: Single Asset Real Estate Cases on the Horizon – Round 2
Ticketed Event, Tickets $90, Available at ABA Registration Desk

This panel will provide an overview of the state of real estate and also discuss the next wave of Single Asset Real Estate Cases (office and residential) including trends, secured creditors issues and the new type of investor (domestic and foreign).

Program Chair:
Corali Lopez-Castro, Kozyak Tropin & Throckmorton LLP, Coral Gables, FL

Moderator:
Eric W. Anderson, Parker Hudson Rainer & Dobbs LLP, Atlanta, GA

Speakers:
Hon. Victoria S. Kaufman, United States Bankruptcy Court, Central District of California, Woodland Hills, CA
James Howard, GlassRatner Advisory & Capital Group LLC, Fort Lauderdale, FL
Kyung S. Lee, Diamond McCarthy LLP, Houston, TX

3:30 – 4:30 p.m.
Location: Concorde A5
Financial Institute Insolvency Legislation Subcommittee Meeting
Presented by: Bankruptcy Court Structure and Insolvency Process
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

3:30 – 4:30 p.m.
Location: Concorde A6
Programs Subcommittee Meeting
Presented by: Business Bankruptcy Committee
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

3:30 – 4:30 p.m.
Location: Concorde A2
Model Code Project Business Subcommittee Meeting
Presented by: Business Court Structure and Insolvency Process
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

3:30 – 5:00 p.m.
Location: Versailles 3-4
CLE Program: Current Developments
Presented by: Business Bankruptcy Committee

A panel of experienced business bankruptcy lawyers from around the country will update attendees on recent developments in areas of particular meaning to practitioners in the insolvency community.  This panel has been known to generate lively debate and active audience participation in discussing cutting edge bankruptcy topics.

Program Chair and Moderator:
Martin J. Bienenstock, Proskauer Rose LLP, New York, NY

Speakers:
Christopher Combest, Quarles & Brady LLP, Chicago, IL
Monique D. Hayes, The Hayes Firm PLLC, Miami, FL
Robert B. Millner, Dentons, US LLP, Chicago, IL

3:30 – 5:30 pm
Location: Rivoli A
ABLJ – ABA Symposium: Giving Colleges a Fresh Start:  Using the Bankruptcy Code to Retool Higher Education
Presented by: The American Bankruptcy Law Journal and ABA Business Bankruptcy Committee

The Annual Symposium features a series of presentations by distinguished bankruptcy academics.  This year’s program will explore the eroding financial stability of higher educational institutions and the potential means by which to address this crises through reorganization under the Bankruptcy Code.  Four bankruptcy scholars will present the results of their research and engage in a dialogue on a myriad of topics related to the innovative use of Chapter 11 to improve higher education in this country.  Each scholar will publish complete research findings and recommendations in a special issue of the American Bankruptcy Law Journal to be published in early 2018.

Program Co-chairs:
Hon. Colleen A. Brown, United States Bankruptcy Court, District of Vermont, Burlington, VT
Hon. Melvin S. Hoffman, United States Bankruptcy Court, District of Massachusetts, Boston, MA

Moderator:
Karen Gross, Washington, DC

Speakers:
Dalie Jiminez, University of Connecticut School of Law, Associate Professor of Law, Hartford, CT
Robert Rasmussen, USC Gould School of Law, J. Thomas McCarthy Trustee Chair in Law and Political Science, Los Angeles, CA
Matthew Bruckner, Howard University School of Law, Assistant Professor of Law, Washington, DC

4:30 – 5:30 p.m.
Location: Concorde A5
Individual Chapter 11 Subcommittee Meeting
Presented by: Business Bankruptcy Committee

Understanding Tax Requirements for Individuals in Chapter 11
Jim Kelley will review the many and often uncertain tax regulations and issues facing individual debtors and their counsel in Chapter 11 cases.

Program Co-chairs:
Bill Norton III, Bradley Arant Boult Cummings, Nashville, TN
Eric Perkins, McElroy, Deutsch, Mulvaney & Carpenters, Ridgewood, NJ

Moderator:
Bill Northon III, Bradley Arant Boult Cummings, Nashville, TN

Program Speaker:
James Kelley, Neal & Harwell, Nashville, TN
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

4:30 – 5:30 p.m.
Location: Concorde A6
Model Code Project Consumer Subcommittee Meeting
Presented by: Business Court Structure and Insolvency Process
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code:

5:00 – 6:00 p.m.
Location: Concorde A2
Bankruptcy Court Structure and Insolvency Process Committee Meeting
Presented by: Business Court Structure and Insolvency Process
            Toll-Free U.S. Number:  866-646-6488
            International Number: 707-287-9583
            Conference Code: