Schedule

All Events at Annual Spring Meeting 2020

Schedule at a Glance    


2020 Annual Spring Meeting Thursday Schedule
2020 Annual Spring Meeting Friday Schdule
  • Welcome Remarks

    • 8:20-8:30 a.m.
  • Plenary Session

    ABI Talks

    Fulton and The Scope of The Automatic Stay

    For many years, the courts of appeals have been divided on whether the automatic stay applies to prevent so-called “passive” conduct, such as a secured creditor’s holding onto collateral seized immediately prior to a debtor’s bankruptcy filing. This term, the Supreme Court has agreed to take up the issue in the Fulton case. One of America’s leading appellate advocates will discuss the issues.

    G. Eric Brunstad
    Dechert LLP; Hartford, Conn.

    Ensuring Conflicts Are Transparent in 2020

    Hidden conflicts of interest in bankruptcy are a stain on the integrity of the bankruptcy system. What should be done to better police the clear standards of disinterestedness and to sanction misconduct?

    Hon. Steven W. Rhodes (Ret.)
    JAMS; Ann Arbor, Mich.

    PROMESA's Long Road of Good Intentions

    In 2016, President Obama signed legislation allowing Puerto Rico to enter a form of bankruptcy and created a financial oversight board, which in turn hired numerous consulting and legal firms to help manage the bankruptcy process and create new fiscal plans, with a goal of restoring investor confidence. What went wrong, and who has profited from the island’s pain?

    Cate Long
    Puerto Rico Clearinghouse; New York

    • 8:30-9:50 a.m.
  • Concurrent Sessions (4)

    “Too Many Hats”: The Peculiar Problems and Challenges When an Equity Sponsor/Secured Lender Is Also a DIP Lender and Stalking-Horse Buyer in a Chapter 11 Case

    This session will discuss whether liens are available on unencumbered assets like avoidance actions, credit bidding issues, equitable subordination/recharacterization concerns, committee challenges to liens, and bid procedures.

    Hon. Robert D. Drain
    U.S. Bankruptcy Court (S.D.N.Y.); New York

    Jordan A. Kroop
    Perkins Coie LLP; Phoenix

    Christine A. Okike
    Skadden, Arps, Slate, Meagher & Flom LLP; New York

    Paul H. Zumbro
    Cravath, Swaine & Moore LLP; New York

    Is It or Is It Not Property of the Estate? Section 541 Conundrums

    Just what is and is not property of the estate? This panel will present a thorough review of § 541 and its application in real-world situations, including rents, factored receivables, insurance/defense costs, and other debatable or state-specific items.

    Hon. Michael A. Fagone
    U.S. Bankruptcy Court (D. Me.); Bangor

    Jennifer M. McLemore
    Williams Mullen; Richmond, Va.

    Zachary H. Smith
    Moore & Van Allen PLLC; Charlotte, N.C.

    Christopher A. Ward
    Polsinelli PC; Wilmington, Del.

    Supreme Court Update and Circuit Splits on Consumer Issues

    This panel of experts will discuss and analyze the different and important consumer issues that are percolating through the appellate courts and Supreme Court.

    Hon. Michelle M. Harner
    U.S. Bankruptcy Court (D. Md.); Baltimore

    Prof. Charles J. Tabb
    University of Illinois College of Law; Champaign, Ill.

    Hon. Eugene R. Wedoff (ret.)
    Oak Park, Ill.

    Peace Bridge, or Bridge of Sighs? Cross-Border Mediation of Insolvency-Related Disputes

    Hosted by the Mediation and International Committees

    Through a mock mediation, this panel of experienced judges and cross-border mediators and practitioners will illustrate the pitfalls and benefits of using mediation to resolve cross-border insolvency disputes.

    Kyle J. Ortiz, Moderator
    Togut, Segal & Segal LLP; New York

    Hon. Barbara J. Houser
    U.S. Bankruptcy Court (N.D. Tex.); Dallas

    E. Patrick Shea
    Gowling WLG Int’l. Ltd.; Toronto

    Dr. Annerose Tashiro
    Schultze & Braun GmbH; Achern, Germany

    Simon Thomas
    Goodwin Procter LLP; London

    • 10:00-11:00 a.m.
  • Concurrent Sessions (4)


    Opportunities and Challenges Associated with Early-in-the-Case § 363 Sales

    This session will provide a review of unique issues involved with early and quick § 363 sales in chapter 11 cases, including financing the case, how to get the sale approved, and what happens to the case after the sale closes.

    Laura E. Appleby
    Faegre Drinker Biddle & Reath LLP; New York

    Hon. Kevin J. Carey (ret.)
    Hogan Lovells US LLP; Philadelphia

    Stephen D. Lerner
    Squire Patton Boggs; Cincinnati

    Michael J. Roeschenthaler
    Whiteford Taylor Preston LLP; Pittsburgh

    Witness Preparation: A Roundtable Discussion

    Witness testimony at trial and in depositions is critical to winning. This panel of restructuring/insolvency litigators and expert witnesses will discuss how to best prepare your fact and expert witnesses, including how to respond to direct examinations, personal attacks and lies; how to deal with aggressive lawyers; how to prep fact witness versus expert witnesses; and how expert witnesses should prep attorneys.

    Hon. Janet S. Baer
    U.S. Bankruptcy Court (N.D. Ill.); Chicago

    James S. Feltman
    Duff & Phelps, LLC; Miami Lakes, Fla.

    Jeremy R. Fischer
    Drummond Woodsum; Portland, Maine

    Erika L. Morabito
    Foley & Lardner LLP; Washington, D.C.

    Thomas J. Salerno
    Stinson LLP; Phoenix

    Consumer Commission Report Top 10 Wish List

    Hosted by the Legislation and Consumer Bankruptcy Committees

    This panel will discuss the top 10 items that came out of the Commission’s Final Report, released in April 2019.

    Hon. Rebecca B. Connelly
    U.S. Bankruptcy Court (W.D. Va.); Harrisonburg

    David Cox
    Cox Law Group; Lynchburg, Va.

    Adam D. Herring
    Executive Office for U.S. Trustees; Washington, D.C.

    Edward M. King
    Frost Brown Todd LLC; Louisville, Ky.

    Indenture Trust in the Bankruptcy Process

    Hosted by the Business Reorganization and Unsecured Trade Creditors Committees

    This panel of legal experts and indenture trustees will discuss current insolvency-related corporate trust issues, including pre- and post-default rights, standing to pursue litigation claims, disparate treatment among bondholders and other creditors of equal priority, conflicts between majority and minority bondholders, and settlement mechanics inside and outside of bankruptcy.

    Daniel B. Besikof, Moderator
    Loeb & Loeb LLP; New York

    Beth M. Brownstein
    Arent Fox LLP; New York

    Seth H. Lieberman
    Pryor Cashman LLP; New York

    James J. McGinley
    Ankura Consulting Group, LLC; New York

    • 11:30-12:30 a.m.
  • CONCURRENT SESSIONS (4)

    Real Estate Unicorns: Extraordinary and Unusual Real Estate Issues in Chapter 11 Cases

    This panel will explore issues you don’t see every day in retail and multi-family housing cases, but may just see tomorrow.

    Patrick A. Clisham
    Engelman Berger, PC; Phoenix

    Elizabeth Holland
    Abbell Associates; Chicago

    Hon. Laurel M. Isicoff
    U.S. Bankruptcy Court (S.D. Fla.); Miami

    Deborah D. Williamson
    Dykema Gossett PLLC; San Antonio

    Be Careful What You Ask For: Risks and Benefits of Involuntary Bankruptcy Filings

    This panel will provide an overview of the requirements to file an involuntary bankruptcy case and the advantages and pitfalls that arise from these filings, including petitioner liabilities.

    Hon. Martin R. Barash
    U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills

    Camille C. Bent
    BakerHostetler; New York

    Amber M. Carson
    Gray Reed & McGraw LLP; Dallas

    William S. Sugden
    Alston & Bird LLP; Atlanta

    Current Issues Facing Creditors’ Committees

    Creditors’ committees are integral to the success of chapter 11 cases. This panel will discuss what it takes to maximize results for unsecured creditors in today’s chapter 11 cases, including how to deal with the different interests of the creditors who sit on creditors’ committees.

    Kimberly A. Brown
    Landis Rath & Cobb LLP; Wilmington, Del.

    Robert J. Feinstein
    Pachulski Stang Ziehl & Jones LLP; New York

    David MacGreevey
    AlixPartners, LLP; New York

    Cullen Drescher Speckhart
    Cooley LLP; Washington, D.C.

    Technology and Ethics: Protecting Your Sale Process, Your Online Presence — and Your Hide

    Hosted by the Ethics & Professional Compensation and Emerging Industries & Technology Committees

    This session will explore and navigate ethical issues relating to sales of technology and IP in bankruptcy and the use of social media by attorneys and clients. In addition, the panel will provide paths on how to become competent with legal technology, artificial intelligence and e-discovery under recently promulgated ethical rules.

    Dylan Trache, Moderator
    Nelson Mullins Riley & Scarborough LLP; Washington, D.C.

    Prof. Summer Chandler
    Concordia University School of Law; Boise, Idaho

    Solymar Castillo-Morales
    Goldman Antonetti & Cordova, LLC; San Juan, P.R.

    Prof. Harvey Rishikof
    Temple University Beasley School of Law; Philadelphia

    • 2:30-3:30 p.m.
  • Plenary Session

    Corporate Homies

    Join restructuring twins and ABI members Demetra Liggins and Bemetra Simmons as they show you how to step up your “A-Game” through mentoring and being mentored. This dynamic presentation is sure to inspire all attendees and will provide helpful advice regarding the ever-elusive mentoring relationship, including how to seek mentors, how to be good mentors, how to be good mentees and challenges in mentoring someone different than you.

    Demetra L. Liggins
    Thompson & Knight LLP; Houston

    Bemetra Simmons
    Corporate Homie; Houston

    • 4:00-5:00 p.m.
  • Optional Event: Women’s Networking Reception

    Sponsored by Blank Rome LLP and IWIRC

    • 6:00-7:00 p.m.
2020 Annual Spring Meeting Saturday Schedule
  • Plenary Session


    Great Debates 2.0

    Derek C. Abbott
    Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del.

    Hon. Daniel P. Collins
    U.S. Bankruptcy Court (D. Ariz.); Phoenix

    Hon. Mary G. Diehl
    U.S. Bankruptcy Court (N.D. Ga.); Atlanta

    Jonathan T. Edwards
    Alston & Bird LLP; Atlanta

    Hon. Michael A. Fagone
    U.S. Bankruptcy Court (D. Me.); Bangor

    Andrew C. Helman
    Murray Plumb & Murray; Portland, Maine

    Lindsi M. Weber
    Polsinelli; Phoenix

    Hon. Michael E. Wiles
    U.S. Bankruptcy Court (S.D.N.Y.); Hartsdale

    • 8:30-9:30 a.m.
  • Concurrent Sessions (3)

    Advanced Issues on Cash-Flow Projections in Restructuring Cases

    We all know that cash is king in chapter 11 cases. This panel of experts will discuss how to analyze and develop cash-flow projections for financially distressed companies.

    Thomas P. Jeremiassen
    Development Specialists, Inc.; Los Angeles

    James A. Peko
    Grant Thornton LLP; New York

    Samuel E. Star
    FTI Consulting, Inc.; New York

    Virginia Tate
    FAI International, Forensic Accounting & Investigations; Coeur d’Alene, Idaho

    Allen D. Wilen
    EisnerAmper LLP; Iselin, N.J.

    Advanced Chapter 13 Topics

    This panel will provide a review of advanced chapter 13 issues, including defining “success,” avoiding “disaster” post-confirmation, and fee-jumping.

    Hon. Rebecca B. Connelly
    U.S. Bankruptcy Court (W.D. Va.); Harrisonburg

    Hannah W. Hutman
    Hoover Penrod PLC; Harrisonburg, Va.

    O. Bryan Meredith, III
    Chapter 13 Trustee; Savannah, Ga.

    Charissa Potts
    Freedom Law, PC; Eastpointe, Mich.

    Litigating Against Directors and Officers in Bankruptcy

    Hosted by the Bankruptcy Litigation and Young & New Members Committees

    A frequent part of bankruptcy cases is the assertion of claims against the directors and officers of the debtor, particularly when the debtor had a significant D&O insurance policy. This panel will explore the use of fiduciary duty litigation in bankruptcy and examine the anatomy of a D&O lawsuit, including the type of claims asserted and possible defenses. The panelists will also provide a substantive discussion of how to analyze D&O insurance policies and key issues such as whether the proceeds of D&O policies are property of the estate. Finally, the panel will discuss best practices for debtor’s counsel faced with such claims, including how to navigate potential ethical issues.

    Alicia M. Bendana
    Lowe, Stein, Hoffman, Allweiss & Hauver LLP; New Orleans

    Vincent E. Lazar
    Jenner & Block; Chicago

    Leo Oppenheimer
    Reid Collins & Tsai LLP; Dallas

    Shane G. Ramsey
    Nelson Mullins Riley & Scarborough LLP; Nashville

    • 10:00-11:15 a.m.
  • Concurrent Sessions (3)


    The New Small Business Reorganization Act: How It Works and the Types of Debtors that Will Benefit from It

    This session will analyze and discuss best practices under the Small Business Reorganization Act of 2019, including its potential use for an individual as an alternative to chapter 13.

    Hon. Paul W. Bonapfel
    U.S. Bankruptcy Court (N.D. Ga.); Atlanta

    Daniel J. Casamatta
    Office of the U.S. Trustee, Kansas City, Mo.

    Ryan J. Dattilo
    U.S. Senate Judiciary Committee; Washington, D.C.

    James F. Molleur
    Molleur Law Office; Biddeford, Maine

    The Intersection of Intellectual Property Rights and Bankruptcy: How to Protect Your Intangible Assets in Bankruptcy Cases

    Intellectual property can constitute one of the most valuable and significant assets that a company may own. This panel will discuss what happens when two very unique areas of law collide, and what every insolvency practitioner needs to know when dealing with intellectual property in distressed circumstances.

    Hon. Daniel P. Collins
    U.S. Bankruptcy Court (D. Ariz.); Phoenix

    Ericka F. Johnson
    Womble Bond Dickinson LLP; Wilmington, Del.

    Evan M. Jones
    O'Melveny & Myers LLP; Los Angeles

    Patricia B. Tomasco
    Quinn Emanuel Urquhart & Sullivan LLP; Houston

    A Few Good Lawyers: Best Behavior, Use of Technology and Other Taboos — A Discussion by ABC Judges

    A panel of Board-certified bankruptcy judges will conduct a professionalism/ethics discussion, led by ABC officers, that will include the dos, don’ts and best practices regarding fee applications; special situations created when lawyers and law firms are bankruptcy debtors; ethical requirements surrounding lawyers’ use of technology and their obligations to maintain cybersecurity; and professionalism issues arising from lawyers behaving badly in court.

    Kirk B. Burkley
    Bernstein-Burkley; Pittsburgh

    Hon. James M. Carr
    U.S. Bankruptcy Court (S.D. Ind.); Indianapolis

    Patricia Fugée
    FisherBroyles, LLP; Perrysburg, Ohio

    Hon. David W. Hercher
    U.S. Bankruptcy Court (D. Or.); Portland

    Hon. Edward L. Morris
    U.S. Bankruptcy Court (N.D. Tex.); Fort Worth

    Hon. James J. Tancredi
    U.S. Bankruptcy Court (D. Conn.); Avon

    Hon. Stephen D. Wheelis
    U.S. Bankruptcy Court (W.D. La.); Alexandria

    • 11:30 a.m.-12:30 p.m.
  • Optional Event: Cybersecurity Luncheon

    Sponsored by McGuireWoods LLP

    • 12:30-2:00 p.m.
  • Concurrent Sessions (3)


    Hot Topics with Bill Rochelle

    What are the hottest topics in bankruptcy law? This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current business and consumer bankruptcy cases.

    Hon. Hannah L. Blumenstiel
    U.S. Bankruptcy Court (N.D. Cal.); San Francisco

    Paul R. Hage
    Jaffe Raitt Heuer & Weiss; Southfield, Mich.

    Patricia A. Redmond
    Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami

    Bill Rochelle
    American Bankruptcy Institute; New York

    Ins and Outs of RESPA

    This panel of experts will examine the ways in which the Real Estate Settlement Procedures Act (RESPA) is applied and enforced in bankruptcy cases.

    John R. Bollinger
    Boleman Law Firm, P.C.; Hampton, Va.

    Hon. Robert D. Drain
    U.S. Bankruptcy Court (S.D.N.Y.); New York

    Heather M. Giannino
    Heavner, Beyers & Mihlar, LLC; Decatur, Ill.

    John Rao
    National Consumer Law Center; Boston

    Anatomy of a Pharmaceutical Case

    Hosted by the Commercial & Regulatory Law and Financial Advisors & Investment Banking Committees

    Two dozen pharmaceutical companies have filed chapter 11 over the last two years, and more are expected. This first-of-its-kind panel will explore this recent surge in pharmaceutical bankruptcy cases and delve into the legal and business aspects of these cases.

    Jeffrey K. Garfinkle, Moderator
    Buchalter; Irvine, Calif.

    Lisa Laukitis
    Skadden, Arps, Slate, Meagher & Flom LLP; New York

    Ben Pickering
    Ernst & Young LLP; New York

    Hon. Elizabeth S. Stong
    U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn

    Scott A. Zuber
    Chiesa Shahinian & Giantomasi PC; West Orange, N.J.

    • 2:15-3:30 p.m.
  • Refreshment Break


    Sponsored by Epiq

    • 3:30-3:45 p.m.
  • CONCURRENT SESSIONS (3)

    Do This, Not That: Ethics Roundtable

    Bankruptcy lawyers are confronted with daily decisions that may have ethical traps. This panel of experts will identify some of these traps and show you how to avoid them.

    Mark T. Benedict
    Husch Blackwell LLP; Kansas City, Mo.

    Elizabeth M. Lally
    Goosmann Law Firm; Omaha, Neb.

    Brian D. Shaw
    Fox Rothschild LLP; Chicago

    Claims Traders: Sharks or Saints?

    Hosted by the Claims Trading and Secured Credit Committees

    This panel will collaboratively debate the role of claims traders in the $25 billion secondary market. The panelists will address such current topics as the recent amendments to the Collateral Default Swaps definitions, and much more.

    Hon. Elizabeth S. Stong, Moderator
    U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn

    John T. Farnum
    Miles & Stockbridge; Washington, Md.

    Hon. Robert E. Gerber (ret.)
    Joseph Hage Aaronson LLC; New York

    Julia Lu
    Richards Kibbe & Orbe LLP; New York

    Douglas Wolfe
    Inniscope Advisors; Woodbury, N.Y.

    “But I Am Afraid of Needles”: Fearlessly Navigating the Sale of Health Care Assets

    Hosted by the Asset Sales and Health Care Committees

    This panel will discuss various issues and challenges accompanying the sale of health care assets, as well as factors to consider when determining whether a sale is the best option, including the role of regulatory authorities, political challenges, reimbursement issues, issues related to urban versus rural facilities, the evolution of the health care business, and best practices in navigating such challenges.

    David N. Crapo
    Gibbons P.C.; Newark, N.J.

    Monique B. DiSabatino
    Saul Ewing Arnstein & Lehr LLP; Wilmington, Del.

    Elizabeth A. Green
    BakerHostetler; Orlando, Fla.

    Andrew Turnbull
    Houlihan Lokey; Chicago

    • 3:45-4:45 p.m.
  • ADJOURN


    • 4:45 p.m.