American Board of Certification Exams
Nominating Committee Meeting
Executive Committee Meeting
Board of Directors Committee Meetings
Board of Directors Meeting
Opening Reception
Sponsored by FTI Consulting, Inc. and Skadden, Arps, Slate, Meagher & Flom LLP.
Opening Reception Bars sponsored by ASK LLP; Axos Global Fiduciary Banking; Blank Rome LLP; Jenner & Block LLP; Loeb & Loeb LLP; and SC&H Capital.
Breakfast
Welcome Address
The Supreme Court Has Ruled, Twice!
Insurance carriers are now permitted to participate in the plan-confirmation process, even when a plan is “insurance neutral.” How do recent Supreme Court rulings change the confirmation process, or will the Bankruptcy Code permit debtors to alter the rights of insurance carriers over their objection of insurance and bind them to the terms of the plan? Finally, there are no circuit splits, no nonconsensual third-party releases under a plan — or is the issue still unsettled when the plan “pays claims in full,” and what does it mean to “consent” to a release? Opt-in, opt-out, negative notice: What works? This panel will provide an overview of the U.S. Supreme Court’s decisions in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc., et al. and Harrington v. Purdue Pharma L.P., et al. and how they impact a debtor’s ability to confirm a plan. The panelists will discuss how debtors and insurance carriers will need to work to address their competing needs. The panelists also will discuss how debtors will address mass-tort bankruptcies without the third-party-release tool or workarounds, and will look to the case law and confirmed plans in circuits where nonconsensual releases are not permitted.
Speakers
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John BringardnerDebtwire
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Ilan D. ScharfPachulski Stang Ziehl & Jones
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Tancred SchiavoniO'Melveny & Myers LLP
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Catherine L. SteegeJenner & Block LLP
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P. Matthew SutkoExecutive Office for U.S. Trustees
Refreshment Break
Chapter 11 vs. Out-of-Court Restructuring: Predictions and Strategies
It is expected that a significant amount of activity in the next 18 months will consist of out-of-court restructurings, with a smaller proportion being chapter 11 bankruptcies. Experts in restructuring estimate that out-of-court restructurings will comprise between 70% and 75% of the workout “transactions” made over the next year and a half. This panel will delve into what we can expect to see in the near future.
Speakers
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Richard F. HolleyHolley Driggs Law Firm
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Jane KimKeller Benvenutti Kim LLP
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Jennifer McConnellAlixPartners, LLP
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Robert WinningM3 Partners, LP
Remote Control: Not Just for Toys Anymore
Hosted by Commercial and Regulatory Law & Secured Credit Committees
This panel will discuss various issues arising from the development of a new class of collateral: that which is remotely controllable. The concept of a secured creditor controlling its collateral is of course not a new or novel concept. However, the ability of secured creditors to control their collateral remotely is growing rapidly as new technology and new types of assets are developed. Robots, vehicles and even farm equipment can be directed and controlled remotely to do any number of different tasks, including simply leaving the custody of the borrower and traveling to the custody of a secured creditor. Beyond well-established technology, with the onset of AI and machine learning, collateral (software, vehicles, satellites, etc.) could be programmed to automatically shut down — or phone home — upon the occurrence of particular conditions. This brave new world of valuable assets, which can serve as meaningful collateral for debt, raises new, challenging issues about how these assets are used, regulated and pledged. The panelists will address an array of topics and unanswered questions about how the law is (or is not) suited to addresses the new issues, the risks for creditor and borrower, and the role of the government in finding efficient solutions to potentially unforeseen issues.
Moderators
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Ian M. RubenstrunkSpencer Fane
Speakers
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David GoldBank of America
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Prof. Juliet M. MoringielloWidener University Commonwealth School of Law
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Carolina Velaz RiveroMarini Pietrantoni Muñiz LLC
When the Creditor Becomes the Debtor: Consumer Lenders in Bankruptcy and the Impact on Borrowers
Hosted by Business Reorganization & Consumer Bankruptcy Committees
This panel will discuss the impact on consumers, and consumer bankruptcy cases, when a consumer lender or loan-servicer files for chapter 11.
Moderators
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Lydia R. WebbGray Reed
Speakers
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Theodore O. Bartholow, IIIKellett & Bartholow PLLC
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Alexandra DuganBradley Arant Boult Cummings LLP
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Hon. Christopher M. LopezU.S. Bankruptcy Court (S.D. Tex.)
Avoidance Action Roulette
Avoidance actions are necessary not only for crossovers, but also for stakeholders with some frequency or practice in non-mega venues. This panel will dive into avoidance actions and their role in restructuring.
Speakers
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Erin DiersHughes Hubbard & Reed LLP
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Hon. Bruce A. Harwood
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Evan T. MillerSaul Ewing LLP
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Nicolette Corso VilmosBerger Singerman LLP
Transforming Health Care: The Business Impact of AI
Hosted by Health Care & Emerging Industries and Technology Committees
Get ready to dive into the future of health care as we uncover the revolutionary impact of AI! Following a dynamic overview of the current AI landscape and its rapid advancements, this panel will discuss groundbreaking AI applications and the subsectors and players set to thrive — or falter — as AI reshapes the health care landscape. The panelists will share investment trends and speak to the enthusiasm of private equity and lenders for AI innovations. Risks will be considered, including the workforce impacts, cost, regulations and potential hurdles that come with AI. They will cover critical legal issues, including intellectual property and data privacy in the bankruptcy context. Looking ahead, the panelists will offer their predictions for the next three to five years, outlining how AI will impact restructuring professionals and what clients may expect of restructuring professionals. Join this session to be part of the conversation shaping the future of health care!
Moderators
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Clare MoylanGibbins Advisors
Speakers
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Barbara BennettFrost Brown Todd LLP
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J. Patrick DarbyEncompass Health
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Otis HendershottVMG Health
Hijacking the Case: Strategies for Creditors in Chapter 11
Is the debtor always right? The Bankruptcy Code and its underlying policies are designed to give the debtor a fresh start and foster reorganization. However, committees and individual creditors are not always on board with a debtor’s restructuring efforts and at times prefer payment over compromise or even a going-forward business partner. This panel will cover the tools and strategies committees and individual creditors use to slow down a debtor’s restructuring efforts to address the collective demands of committees or the individual needs of creditors both big and small.
Speakers
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Bradley A. CosmanPerkins Coie LLP
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Dennis F. DunneMilbank LLP
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Brad OrelowitzThe Michel-Shaked Group
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Hon. Karen B. OwensU.S. Bankruptcy Court (D. Del.)
Unlocking Potential: The Art of Effective Workplace Mentorship
Hosted by Diversity, Equity and Inclusion & Young and New Members Committees
Mentorship plays a pivotal role in fostering professional growth, nurturing talent and driving organizational success. From establishing meaningful mentor/mentee relationships to fostering a culture of continuous learning, this panel will explore practical approaches and best practices for harnessing the power of mentorship in the workplace.
Moderators
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Kimberly A. PosinLatham & Watkins
Speakers
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Hon. Daniel P. CollinsU.S. Bankruptcy Court (D. Ariz.)
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Amalia Sax-BolderBrownstein Hyatt Farber Schreck LLP
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Christopher A. WardPolsinelli
A Deep Dive into Subchapter V Confirmation Issues
This panel will explore the critical issues surrounding plan confirmation under subchapter V. Topics will include the interpretation of “fair and equitable” standards, the role of the subchapter V trustee, the debtor’s obligation to pay disposable income, and the potential for disputes over feasibility and good faith. The discussion also will address recent case law, practical tips for navigating confirmation challenges, and strategies for resolving disputes to achieve a successful plan confirmation. Attendees will gain valuable insights into how to approach confirmation in subchapter V cases, with a focus on practical solutions to common problems and the latest developments in the field. This session is essential for attorneys, trustees and other professionals involved in small business bankruptcies who are looking to deepen their understanding of subchapter V and improve their practice in this evolving area.
Speakers
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H. David CoxCox Law Group, PLLC
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Caroline R. DjangBuchalter, PC
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Richard H. Drew, IIIOffice of the U.S. Trustee
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Hon. Robert A. MarkU.S. Bankruptcy Court (S.D. Fla.)
Evidence Workshop: Mastering the Rules of Evidence in Bankruptcy Court, Part 1
This interactive workshop is designed to provide restructuring professionals with a practical understanding of the use and rules of evidence in bankruptcy court. As bankruptcy proceedings often involve complex financial matters and extensive documentation, a solid grasp of evidentiary rules is essential for effectively advocating on behalf of clients and navigating the courtroom. Led by seasoned bankruptcy attorneys and judges, this workshop will combine theoretical instruction with hands-on exercises, including mock evidentiary hearings and case study analysis. Attendees will have the opportunity to practice applying the rules of evidence in a supportive environment, receiving real-time feedback from experts. (Free for all attendees, but pre-registration is required for both Parts 1 and 2.)
Speakers
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Omar J. AlanizReed Smith LLP
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Vincent F. AlexanderShutts & Bowen LLP
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James V. BlockKrautkramer & Brock LLC
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Hon. Daniel P. CollinsU.S. Bankruptcy Court (D. Ariz.)
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David W. GaffeyWhiteford, Taylor & Preston, LLP
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Hon. Paul R. HageU.S. Bankruptcy Court (E.D. Mich.)
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Hon. Christopher M. LopezU.S. Bankruptcy Court (S.D. Tex.)
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Hon. Robert A. MarkU.S. Bankruptcy Court (S.D. Fla.)
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Lindsay Zahradka MilneBernstein Shur
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Hon. Karen B. OwensU.S. Bankruptcy Court (D. Del.)
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Luis E. RiveraGrayRobinson, P.A.
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Tara J. SchellhornRiker Danzig LLP
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Hon. Sage M. SiglerU.S. Bankruptcy Court (N.D. Ga.)
Do You Want to Make a Change? The Process to Amend the Bankruptcy Rules
Hosted by Legislation & Mediation Committees
Using the current proposed amendments to Bankruptcy Rule 9031 as an example, this panel will provide an overview on how to add, delete or revise the Bankruptcy Rules from concept to a successful enacted rule change.
Speakers
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Hon. Martin R. BarashU.S. Bankruptcy Court (C.D. Cal.)
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Carly E. GiffinFederal Judicial Center
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Sylvia MayerS. Mayer Law
Private-Equity Health Care Bankruptcy Panel
With the increasing role of private equity in health care, from hospitals to specialty practices, the financial pressures and regulatory environment have led to a growing number of bankruptcies in this sector. Expert panelists, including bankruptcy attorneys, financial advisors and health care industry specialists, will discuss the critical issues involved in health care bankruptcies where private equity is a key stakeholder. Topics will include the impact of private-equity ownership on restructuring strategies, regulatory and compliance challenges, patient care considerations, and the role of the courts in balancing financial recovery with public health concerns. The discussion also will cover recent case studies, highlighting the lessons learned and best practices for managing these complex cases.
Speakers
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Samuel R. MazielDentons
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Jennifer L. NassiriSheppard, Mullin, Richter & Hampton LLP
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James R. PorterAccordion Partners
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Daniel M. SimonMcDermott Will and Emery
Reverse Vesting Orders: The Most Powerful Tool You’ve Never Heard Of
Hosted by International & Asset Sales Committees
Several U.S. bankruptcy courts recently have recognized CCAA reverse vesting orders in chapter 15 cases, but not without some reservations as to their breadth and effect. This panel will discuss the use of reverse vesting orders to effect asset sales in cross-border transactions.
Moderators
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Kenneth D. KraftDentons
Speakers
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Adam B. NachLane & Nach P.C.
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Lisa M. SchweitzerCleary Gottlieb Steen & Hamilton LLP
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Steven WeiszCozen O'Connor
Refreshment Break
The “F” Word, from the False Claims Act to Ponzi Schemes: Practical Tips for Identifying and Efficiently Addressing Fraud in Bankruptcy Cases (and Beyond)
Hosted by Bankruptcy Litigation & Real Estate Committees
Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.
Speakers
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John C. CannizzaroIce Miller LLP
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Prof. Laura N. CoordesArizona State University Sandra Day O'Connor College of Law
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Patrick E. FitzmauricePillsbury Winthrop Shaw Pittman LLP
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Kenneth L. ParkerU.S. Attorney's Office
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Kathy Bazoian PhelpsRaines Feldman Littrell LLP
Double Trouble: Ethical Issues with Representing More than One Party in the Bankruptcy Case
Everyone knows that estate professionals must be disinterested and able to represent the debtor free of conflicts. But what happens when the professional represents a related nondebtor party — for example, the private-equity sponsor or the sole member/shareholder? There can be synergies to such a dual representation, but can it be permitted under the Bankruptcy Code, and is disclosure of the representations enough? This panel will explore these and related issues to help guide professionals and judges alike.
Speakers
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Jason P. AmalaPfau Cochran Vertetis Amala PLLC
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Steven N. BergerEngelman Berger, PC
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Laura S. BouyeaVenable LLP
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Terri H. DidionU.S. Trustee's Office
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Hon. Michelle M. HarnerU.S. Bankruptcy Court (D. Md.)
The Claims-Allowance Process: Standing, Timing, Calculations and Other Cutting-Edge Issues
This panel will provide an in-depth examination of the claims-allowance process in bankruptcy, focusing on the latest developments and contentious issues that are shaping this critical area of practice. As bankruptcy courts continue to address complex claims-related disputes, understanding the nuances of standing, timing and calculations has become more important than ever for practitioners.
Speakers
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Hon. John T. GreggU.S. Bankruptcy Court (W.D. Mich.)
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Alphamorlai L. KebehAllen Matkins Leck Gamble Mallory & Natsis LLP
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Jennifer M. McLemoreWilliams Mullen
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Liz NguyenLaw Office of Mark J. Giunta
Evidence Workshop, Part 2
This interactive workshop is designed to provide restructuring professionals with a practical understanding of the use and rules of evidence in bankruptcy court. As bankruptcy proceedings often involve complex financial matters and extensive documentation, a solid grasp of evidentiary rules is essential for effectively advocating on behalf of clients and navigating the courtroom. Led by seasoned bankruptcy attorneys and judges, this workshop will combine theoretical instruction with hands-on exercises, including mock evidentiary hearings and case study analysis. Attendees will have the opportunity to practice applying the rules of evidence in a supportive environment, receiving real-time feedback from experts. (Free for all attendees, but pre-registration is required for both Parts 1 and 2.)
Speakers
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Omar J. AlanizReed Smith LLP
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Vincent F. AlexanderShutts & Bowen LLP
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James V. BlockKrautkramer & Brock LLC
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Hon. Daniel P. CollinsU.S. Bankruptcy Court (D. Ariz.)
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David W. GaffeyWhiteford, Taylor & Preston, LLP
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Hon. Paul R. HageU.S. Bankruptcy Court (E.D. Mich.)
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Hon. Christopher M. LopezU.S. Bankruptcy Court (S.D. Tex.)
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Hon. Robert A. MarkU.S. Bankruptcy Court (S.D. Fla.)
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Lindsay Zahradka MilneBernstein Shur
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Hon. Karen B. OwensU.S. Bankruptcy Court (D. Del.)
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Luis E. RiveraGrayRobinson, P.A.
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Tara J. SchellhornRiker Danzig LLP
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Hon. Sage M. SiglerU.S. Bankruptcy Court (N.D. Ga.)
ABC Reception
Sponsored by The American Board of Certification
Breakfast
Registration Desk Open
Welcome Address
Judicial Talk: Read the Freaking Code
In this candid and dynamic roundtable discussion, experienced bankruptcy judges will address the importance of adhering to the Bankruptcy Code as the foundation for successful practice and decision-making. As practitioners become increasingly reliant on precedent, creative arguments and procedural shortcuts, this session will serve as a reminder of the Code’s fundamental role in guiding bankruptcy proceedings. This roundtable is designed for attorneys, trustees and other restructuring professionals who seek to enhance their understanding of the Bankruptcy Code and its application in everyday practice. Expect lively discussion, practical advice, and a renewed appreciation for the importance of the Code in bankruptcy law.
Speakers
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Hon. Martin R. BarashU.S. Bankruptcy Court (C.D. Cal.)
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Hon. Hannah L. BlumenstielU.S. Bankruptcy Court (N.D. Cal.)
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Hon. John T. GreggU.S. Bankruptcy Court (W.D. Mich.)
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Hon. Paul R. HageU.S. Bankruptcy Court (E.D. Mich.)
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Hon. Michelle M. HarnerU.S. Bankruptcy Court (D. Md.)
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Hon. Bruce A. Harwood
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Hon. Shad M. RobinsonU.S. Bankruptcy Court (W.D. Tex.)
You Gotta Have Faith: Exploring Concepts of Good Faith and Bad Faith
This panel will explore how good faith and bad faith are used in the Code and when it matters, how “developed” these notions are in the case law, and balancing the debtor’s right to dismiss when facing a motion to convert for cause under § 1307 for bad faith. The panelists will consider Marrama v. Citizens Bank of Massachusetts and Law v. Siegel, the effect on property of the estate in a converted case under § 348 when converted in “in bad faith,” when a plan is not considered proposed in good faith under § 325, § 707(b)(3) dismissals when there is no presumption of abuse, avoiding a dismissal under § 521 related to document production, and filing a “repeat” debtor in a 7 when a 13 was filed less than six years prior under the “70% claims paid/plan proposed in good faith” exception.
Speakers
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Malissa Lambert GilesGiles & Lambert, P.C.
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Mary L. JohnsonU.S. Trustee's Office
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Randy NussbaumSacks Tierney P.A.
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Hon. Sage M. SiglerU.S. Bankruptcy Court (N.D. Ga.)
Attorney Ethics in the Spotlight: What Can We Learn from Ethical Issues Raised in Recent High-Profile Cases?
Hosted by Commercial Fraud & Ethics and Professional Compensation Committees
This session will provide an overview of recent high-profile cases, including those of FTX, Kenneth Chesebro, Rudy Giuliani and Judge David R. Jones, and discuss the ethical issues raised, including the limits of advocacy, responsibility of the profession, duty of candor and truthfulness, prohibition on assisting in criminal activity, and the duty to report professional misconduct.
Speakers
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Soneet R. KapilaKapilaMukamal, LLP
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Virginia TateFAI International
Valuation in Chapter 11 Cases and Out-of-Court Restructurings: Strategies and Emerging Trends
Hosted by Financial Advisors and Investment Banking & Unsecured Trade Creditors Committees
Speakers
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Mark A. AdomanisPerella Weinberg Partners
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Mariaelena Gayo-GuitianVenable LLP
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Tanya MeerovichFTI Consulting, Inc.
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Christopher M. SamisPotter Anderson & Corroon LLP
Refreshment Break
Let’s Talk Appeals: How Do Appellate Courts Approach Bankruptcy Issues?
Every now and then, a reviewing court issues a decision that seems contrary to the statutory language or underlying policy of the Bankruptcy Code. Perhaps it was a decision based on bad or unusual facts; perhaps it was a decision that focused on the text more than the policy of the Code. Regardless, practitioners and bankruptcy judges must work with these decisions in cases before them. This panel will talk about the appellate decision-making process.
Moderators
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Bill RochelleAmerican Bankruptcy Institute
Speakers
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Hon. Roopali H. DesaiU.S. Court of Appeals (9th Cir.)
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Hon. Barbara J. Houser (ret.)U.S. Bankruptcy Court (N.D. Tex.)
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Hon. Dominic W. LanzaU.S. District Court (D. Ariz.)
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Hon. Michael J. MelloyU.S. Court of Appeals (8th Cir.)