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Thursday, September 13
 

3:00pm PDT

ABI Registration Desk Open
Thursday September 13, 2012 3:00pm - 6:00pm PDT
Four Seasons Ballroom Foyer
  General

6:00pm PDT

 
Friday, September 14
 

7:00am PDT

ABI Registration Desk Open
Friday September 14, 2012 7:00am - 5:00pm PDT
Four Seasons Ballroom Foyer
  General

7:30am PDT

7:45am PDT

Welcome

In this day-long program, panels will assume the roles of management, board members and professionals to highlight how a company can lose control of its own restructuring. We will consider such questions as the appropriate level of advocacy, the ethics of giving particular advice that favors the advising professional, and other common reorganization dilemmas.

 

 


Friday September 14, 2012 7:45am - 8:00am PDT
Desert Willow
  General

8:00am PDT

Welcome
Friday September 14, 2012 8:00am - 8:15am PDT
Four Seasons Ballroom 1-3
  General

8:00am PDT

Session One: Out of Court vs. In Court

Faculty will be organized into three teams:

  • Team one will pitch the out-of-court reorganization of Delightful Donuts.
  • Team two will pitch the reorganization of Delightful Donuts in a bankruptcy filing.
  • Team three will serve as board and management.

 

Teams will consider such matters as:

  • How does the Bankruptcy Code’s definition of "disinterested" push certain parties to accomplish the restructuring out of court?
  • During conflicts, how much should clients be prepared to give? Does that change if there is to be a filing?
  • Is it appropriate for investment bankers to seek prepayment so they don't have to get retained?
  • How do management and the board weigh such considerations as their own compensation or claims against property during a filing?
  • Will financial advisors and investment bankers negotiate additional fees tied to the achievement of company goals? Would this action be in the best interests of the company?

 


Friday September 14, 2012 8:00am - 10:00am PDT
Desert Willow
  CFRP Sessions

8:15am PDT

Resolved: A debtor may assume an unexpired intellectual property license pursuant to Bankruptcy Code § 365(c) without the consent of the licensor provided the debtor does not intend to assign the license to a third party.

James T. Markus, Moderator

Markus Williams Young & Zimmerman, LLC; Denver

 

Resolved: A debtor may assume an unexpired intellectual property license pursuant to Bankruptcy Code § 365(c) without the consent of the licensor provided the debtor does not intend to assign the license to a third party.

Pro: David A. Hoenig

Winston & Strawn LLP; San Francisco

Con: Emily Taube

Adams and Reese LLP; Memphis

 


Speakers
avatar for David A. Honig

David A. Honig

Partner, Winston & Strawn LLP
David A. Honig is a corporate partner in the Restructuring and Insolvency Group of Winston & Strawn LLP’s San Francisco office. Mr. Honig represents debtors, trustees, creditors’ committees, vendors, institutional lenders and asset-purchasers in bankruptcy and out-of-court restructuring matters... Read More →
avatar for James T. Markus

James T. Markus

Manager, Markus Williams Young & Zimmerman, LLC
James T. Markus is the co-founder and manager of Markus Williams Young & Zimmerman, LLC in Denver, where he specializes in the representation of debtors, secured creditors, lessors, asset purchasers, official committees and trustees in workouts, restructurings and chapter 11 bankruptcy proceedings... Read More →
avatar for Emily Taube

Emily Taube

Partner, Adams and Reese LLP
Emily Taube is a partner with Adams and Reese LLP in Memphis, Tenn., where she is a member of its Commercial Restructuring/Bankruptcy, Commercial Disputes, Franchise/Distribution, Casualty and Coverage and Labor and Employment teams. Ms. Taube’s practice focuses on commercial restructuring... Read More →


Friday September 14, 2012 8:15am - 9:45am PDT
Four Seasons Ballroom 1-3
  Great Debates

8:15am PDT

Resolved: An attorney in a consumer case should be able to limit the scope of her employment.

James T. Markus, Moderator

Markus Williams Young & Zimmerman, LLC; Denver

 

Resolved: An attorney in a consumer case should be able to limit the scope of her employment.

Pro: Richard H. Thomson

Clark & Washington, PC; Atlanta

Con: August B. Landis

Office of the U.S. Trustee; Las Vegas


 


Speakers
avatar for August B. Landis

August B. Landis

Acting U.S. Trustee for Region 17, Office of the U.S. Trustee
August B. Landis is the Acting U.S. Trustee for Region 17 in Las Vegas, appointed in 2010. He previously served as the U.S. Trustee Program’s first Acting Associate General Counsel for Chapter 11 Practice, and he also served as an Assistant U.S. Trustee for the District of Nevada... Read More →
avatar for James T. Markus

James T. Markus

Manager, Markus Williams Young & Zimmerman, LLC
James T. Markus is the co-founder and manager of Markus Williams Young & Zimmerman, LLC in Denver, where he specializes in the representation of debtors, secured creditors, lessors, asset purchasers, official committees and trustees in workouts, restructurings and chapter 11 bankruptcy proceedings... Read More →
avatar for Richard H. Thomson

Richard H. Thomson

Partner, Clark & Washington, PC
Richard H. Thomson is a partner with Clark & Washington, PC in Atlanta and is past president of the Metro Atlanta Consumer Bankruptcy Attorneys Group. He is also a Fellow in the American College of Bankruptcy, an advisory board member of the Emory Bankruptcy Developments Journal and... Read More →


Friday September 14, 2012 8:15am - 9:45am PDT
Four Seasons Ballroom 1-3
  Great Debates

8:15am PDT

Resolved: Venue should not be based on place of incorporation.

James T. Markus, Moderator

Markus Williams Young & Zimmerman, LLC; Denver

 

Resolved: Venue should not be based on place of incorporation.

Pro: Hon. Steven W. Rhodes

U.S. Bankruptcy Court (E.D. Mich.); Detroit

Con: Hon. Kevin J. Carey

U.S. Bankruptcy Court (D. Del.); Wilmington

 


Speakers
avatar for Hon. Kevin J. Carey

Hon. Kevin J. Carey

Chief Judge, U.S. Bankruptcy Court (D. Del.)
Hon. Kevin J. Carey served as Chief U.S. Bankruptcy Judge for the District of Delaware in Wilmington from 2008-11 and serves as the bankruptcy judge representative on the Third Circuit Judicial Council. He previously served as a U.S. bankruptcy judge for the Eastern District of... Read More →
avatar for James T. Markus

James T. Markus

Manager, Markus Williams Young & Zimmerman, LLC
James T. Markus is the co-founder and manager of Markus Williams Young & Zimmerman, LLC in Denver, where he specializes in the representation of debtors, secured creditors, lessors, asset purchasers, official committees and trustees in workouts, restructurings and chapter 11 bankruptcy proceedings... Read More →
avatar for Hon. Steven W. Rhodes

Hon. Steven W. Rhodes

Chief Bankruptcy Judge, U.S. Bankruptcy Court (E.D. Mich.)
Hon. Steven W. Rhodes is Chief Bankruptcy Judge for the Eastern District of Michigan in Detroit. From 1997-2004 and 2008-11, he also served on the Bankruptcy Appellate Panel of the Sixth Circuit, the last three years as chief judge. Judge Rhodes was appointed to a new four-year... Read More →


Friday September 14, 2012 8:15am - 9:45am PDT
Four Seasons Ballroom 1-3
  Great Debates

9:45am PDT

Coffee Break
Sponsors

Friday September 14, 2012 9:45am - 10:00am PDT
Four Seasons Ballroom Foyer
  General

10:00am PDT

Refreshment Break
Friday September 14, 2012 10:00am - 10:15am PDT
Desert Willow
  General

10:00am PDT

Chapter 11 Track: Current Developments

Jo Ann J. Brighton, Moderator

K&L Gates LLP; Charlotte, N.C.

Hon. Scott C. Clarkson

U.S. Bankruptcy Court (C.D. Cal.); Santa Ana

Michael E. Imber

Alvarez & Marsal; New York

Lori Sinanyan

Jones Day; Los Angeles

 


Speakers
avatar for Jo Ann J. Brighton

Jo Ann J. Brighton

Partner, K&L Gates LLP
Jo Ann J. Brighton is a partner in the Charlotte, N.C., and New York offices of K&L Gates LLP and is Practice Group Coordinator for the firm’s Restructuring and Bankruptcy Group. She focuses her practice on financial restructuring. Ms. Brighton serves on ABI’s Board of Directors... Read More →
HS

Hon. Scott C. Clarkson

Bankruptcy Judge, U.S. Bankruptcy Court (C.D. Cal.)
Hon. Scott C. Clarkson is a U.S. Bankruptcy Judge for the Central District of California in Santa Ana, appointed on Jan. 20, 2011, and has also sat on the Ninth Circuit Bankruptcy Appellate Panel. Prior to his appointment, Judge Clarkson practiced bankruptcy law and bankruptcy litigation... Read More →
avatar for Michael E. Imber

Michael E. Imber

Senior Director of the Public Sector Services Section, Alvarez & Marsal
Michael E. Imber, CIRA is a senior director of the Public Sector Services Section of Alvarez & Marsal in New York City and is a workout and restructuring specialist with more than 25 years of experience in bankruptcies, workouts and middle-market finance. Mr. Imber previously served... Read More →
avatar for Lori Sinanyan

Lori Sinanyan

Of Counsel, Jones Day
Lori Sinanyan is Of Counsel at Jones Day in Los Angeles, where she focuses on debtor and private-equity or hedge fund representations. She has counseled on restructuring planning, distressed sales and acquisitions, corporate governance, fiduciary duties, contract interpretation and... Read More →


Friday September 14, 2012 10:00am - 11:15am PDT
Acacia 1

10:00am PDT

Consumer Track: Current Developments

Bruce A. Harwood, Moderator

Sheehan, Phinney, Bass + Green; Manchester, N.H.

Tricia M. Darby

Darby Law Practice, Ltd.; Reno, Nev.

Omid Moezzi

Nancy Curry Chapter 13 Trustee; Los Angeles

Jeffrey S. Shinbrot

The Shinbrot Firm; Beverly Hills, Calif.

Hon. Laura Stuart Taylor

U.S. Bankruptcy Court (S.D. Cal.); San Diego

 


Speakers
avatar for Tricia M. Darby

Tricia M. Darby

Partner, Darby Law Practice, Ltd.
Tricia M. Darby is a partner at Darby Law Practice, Ltd., in Reno, Nev., where she represents clients in civil and commercial lawsuits and business transactions, and secured and unsecured creditors in all aspects of chapter 11 bankruptcy cases before bankruptcy and appellate courts. Additionally... Read More →
avatar for Bruce A. Harwood

Bruce A. Harwood

Chair, Sheehan, Phinney, Bass + Green
Bruce A. Harwood chairs the Bankruptcy, Insolvency and Creditors’ Rights Group at Sheehan Phinney Bass + Green in Manchester, N.H., where he represents business debtors, asset-purchasers, secured and unsecured creditors, creditors’ committees and trustees in bankruptcy and has... Read More →
avatar for Omid Moezzi

Omid Moezzi

Staff Attorney, Nancy Curry Chapter 13 Trustee
Omid Moezzi is a staff attorney for Standing Chapter 13 Trustee Nancy Curry in Los Angeles, where he actively handles confirmation calendars, §341(a) meetings of creditors and chapter 13 cases in one of the largest consumer filing districts in the country, the Central District... Read More →
JS

Jeffrey S. Shinbrot

Founder, The Shinbrot Firm
Jeffrey S. Shinbrot is founder of The Shinbrot Firm in Beverly Hills, Calif., where he represents individuals and business entities in chapter 11 and chapter 7 cases, bankruptcy trustees, purchasers and sellers of bankruptcy estate assets, litigants in adversary proceedings in trials... Read More →
avatar for Hon. Laura Stuart Taylor

Hon. Laura Stuart Taylor

Bankruptcy Judge, U.S. Bankruptcy Court (S.D. Cal.)
Hon. Laura S. Taylor is a U.S. Bankruptcy Judge for the Southern District of California in San Diego, appointed in January 2008. She currently serves as a member of the Ninth Circuit Bankruptcy Judges Education Committee and was program chair for the 2011 Ninth Circuit Judicial... Read More →


Friday September 14, 2012 10:00am - 11:15am PDT
Four Seasons Ballroom 4
  Consumer Track

10:00am PDT

Fundamental Skills Track: Putting on Your Case in Chief: Does Anyone Know How to Ask a Question?

Peter J. Gurfein, Moderator

Landau Gottfried & Berger LLP; Los Angeles

John D. Penn

Haynes and Boone, LLP; Fort Worth, Texas

Michael E. Straneva

Ernst & Young; Phoenix

Jeffrey R. Truitt

XRoads Solutions Group; Santa Ana, Calif.

Hon. Gregg W. Zive

U.S. Bankruptcy Court (D. Nev.); Reno

 


Speakers
avatar for Peter J. Gurfein

Peter J. Gurfein

Partner, Landau Gottfried & Berger LLP
Peter J. Gurfein is a partner in the Los Angeles office of Landau Gottfried & Berger LLP, where his practice focuses on representing creditors’ committees, trustees, debtors and equity-holders in major chapter 11 cases in the airline, health care, retail, telecommunication, entertainment, high-tech... Read More →
avatar for John D. Penn

John D. Penn

Partner, Haynes and Boone, LLP
John D. Penn is a partner in the Business Reorganization and Bankruptcy Section of Haynes and Boone LLP in Fort Worth, Texas, and has been an active bankruptcy and insolvency practitioner for more than 25 years. He is a former chairman and president of ABI and the American Board... Read More →
avatar for Michael E. Straneva

Michael E. Straneva

Partner, Ernst & Young
Michael E. Straneva, CPA, CIRA is a partner in the Phoenix office of Ernst & Young LLP, where he leads the Americas Real Estate Sector and focuses on real estate appraisal and valuation, transaction due diligence, portfolio analyses and structuring, project feasibility and market... Read More →
avatar for Jeffrey R. Truitt

Jeffrey R. Truitt

Principal, XRoads Solutions Group
Jeffrey R. Truitt is a principal of the Santa Ana, Calif., office of XRoads Solutions Group, specializing in financial advisory, restructuring and turnaround services. He has served as financial advisor to myriad companies, secured creditors, ad hoc bondholder groups, official committees... Read More →
avatar for Hon. Gregg W. Zive

Hon. Gregg W. Zive

Bankruptcy Judge, U.S. Bankruptcy Court (D. Nev.)
Hon. Gregg W. Zive was sworn in as a U.S. Bankruptcy Judge for the District of Nevada in Reno on Jan. 23, 1995, and was reappointed in 2009. He is admitted to the bars of California (1973) and Nevada (1976) and to the bar of the U.S. Supreme Court. Judge Zive is a past president... Read More →


Friday September 14, 2012 10:00am - 11:15am PDT
Mesquite 1&2

10:00am PDT

Secrets of a Transactional Attorney—Pre-petition Workout Tips, Bad-boy Guaranties, DIP Loans and Sale Contracts

Hon. Linda B. Riegle, Moderator

U.S. Bankruptcy Court (D. Nev.); Las Vegas

Dawn M. Cica

Lewis and Roca LLP; Las Vegas

Peter M. Gilhuly

Latham & Watkins LLC; Los Angeles

Frank A. Merola

Jefferies & Company, Inc.; Los Angeles 


Speakers
avatar for Dawn M. Cica

Dawn M. Cica

Partner, Lewis and Roca LLP
Dawn M. Cica is a partner in the Bankruptcy and Creditors’ Rights group of Lewis and Roca LLP in Las Vegas. She also practices in the firm’s Gaming and Business Transactions groups. Ms. Cica has more than 25 years of experience in all aspects of financial and real estate transactions... Read More →
avatar for Peter M. Gilhuly

Peter M. Gilhuly

Partner, Latham & Watkins LLC
Peter M. Gilhuly is a corporate restructuring and bankruptcy partner at Latham & Watkins LLP in Los Angeles, where he is responsible for managing its West Coast insolvency practice, representing debtors, buyers, hedge funds, private-equity funds, first- and second-lien holders... Read More →
avatar for Frank A. Merola

Frank A. Merola

Managing Director, Jefferies & Company, Inc
Frank A. Merola is a managing director of the recapitalization and restructuring group at Jefferies & Co., Inc. in Los Angeles, which he joined after 20 years as an attorney at Stutman, Treister & Glatt, P.C. After beginning his career as a debtor’s lawyer, he began focusing his... Read More →
avatar for Hon. Linda B. Riegle

Hon. Linda B. Riegle

Bankruptcy Judge, U.S. Bankruptcy Court (D. Nev.)
Hon. Linda B. Riegle was appointed to a 14-year term of office as U.S. Bankruptcy Judge for the District of Nevada in January 1988 in Las Vegas and was reappointed to a second 14-year term in January 2002. She also served as the chief bankruptcy judge for the District of Nevada... Read More →


Friday September 14, 2012 10:00am - 11:15am PDT
Acacia 2
  Hot Topics

10:15am PDT

Session Two: Out-of-Court Restructuring

The faculty will be divided into the various constituencies necessary to achieve an out-of-court restructuring, such as:

  • Watchoveya Capital representing secured lenders
  • Ad Hoc committee representing the 2013 senior secured notes
  • Scylla Capital representing 2014 sub. notes
  • St. Louis landlord (if the plant will be closed)
  • Bakers Union (if the St. Louis plant will be closed)
  • Retail landlords (if retail locations will be closed).

 

This session, which includes lunch, will explore such issues as:

  • How much advocacy should clients expect?
  • How does one deal with a board member who insists on "no filing, no matter what"?
  • Are the true costs of filing often exaggerated to discourage filing? Do professionals (who might benefit from a filing) minimize or conceal the costs?
  • When professionals make “club” deals with other parties, do clients fail to get their money’s worth?

Friday September 14, 2012 10:15am - 12:45pm PDT
Desert Willow
  CFRP Sessions

11:15am PDT

11:30am PDT

Chapter 11 Track: Dos and Don’ts of Seeking First-Day Relief

Debra I. Grassgreen, Moderator

Pachulski Stang Ziehl & Jones LLP; San Francisco

Martin R. Barash

Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles

Thomas H. Fell

Gordon Silver; Las Vegas

Hon. Gregg W. Zive

U.S. Bankruptcy Court (D. Nev.); Reno

 


Speakers
avatar for Martin R. Barash

Martin R. Barash

Partner, Klee, Tuchin, Bogdanoff & Stern LLP
Martin R. Barash is a partner at Klee, Tuchin, Bogdanoff & Stern LLP in Los Angeles, where he concentrates his practice on chapter 11 cases, out-of-court workouts and bankruptcy litigation and appeals. He has represented debtors, debtors-in-possession, secured creditors, creditors... Read More →
avatar for Thomas H. Fell

Thomas H. Fell

Shareholder, Gordon Silver
Thomas H. Fell is a shareholder in the Business Restructuring & Bankruptcy Practice Group at Gordon Silver in Las Vegas, where he practices in the fields of business restructuring and bankruptcy, creditors’ rights, commercial litigation and landlord/tenant law. He has been with... Read More →
avatar for Debra I. Grassgreen

Debra I. Grassgreen

Partner, Pachulski Stang Ziehl & Jones LLP
Debra I. Grassgreen is a partner in the San Francisco office of Pachulski Stang Ziehl & Jones LLP, where she has significant experience representing debtors, trustees and creditors’ committees in chapter 11 cases nationwide and internationally. Ms. Grassgreen is an author and... Read More →
avatar for Hon. Gregg W. Zive

Hon. Gregg W. Zive

Bankruptcy Judge, U.S. Bankruptcy Court (D. Nev.)
Hon. Gregg W. Zive was sworn in as a U.S. Bankruptcy Judge for the District of Nevada in Reno on Jan. 23, 1995, and was reappointed in 2009. He is admitted to the bars of California (1973) and Nevada (1976) and to the bar of the U.S. Supreme Court. Judge Zive is a past president... Read More →


Friday September 14, 2012 11:30am - 12:45am PDT
Acacia 1

11:30am PDT

Consumer Track: Impact of Bankruptcy on the Respective Rights of Husbands and Wives and Significant Others

Randy Nussbaum, Moderator

Nussbaum Gillis & Dinner, P.C.; Scottsdale, Ariz.

John R. Bollinger

Boleman Law Firm, PC; Hampton, Va.

Hon. Susan V. Kelley

U.S. Bankruptcy Court (E.D. Wis.); Milwaukee

David A. Tilem

Law Offices of David A. Tilem; Glendale, Calif.

 


Speakers
avatar for John R. Bollinger

John R. Bollinger

Shareholder, Boleman Law Firm, PC
John R. Bollinger is a shareholder in Boleman Law Firm, PC in Hampton, Va., where he practices in consumer bankruptcy law. A frequent speaker, Mr. Bollinger currently serves on the board for the Tidewater Bankruptcy Bar Association and is an editor for ABI’s VOLO site (volo.abi.org... Read More →
HS

Hon. Susan V. Kelley

Bankruptcy Judge, U.S. Bankruptcy Court (E.D. Wis.)
Hon. Susan V. Kelley is a U.S. Bankruptcy Judge for the Eastern District of Wisconsin in Milwaukee. Prior to her appointment, she was a partner in the Madison, Wis., office of Michael, Best & Friedrich and also practiced with the Madison law firms of Lee, Kilkelly, Paulson & Younger... Read More →
avatar for Randy Nussbaum

Randy Nussbaum

Shareholder, Nussbaum Gillis & Dinner, P.C.
Randy Nussbaum is a founding shareholder of Nussbaum Gillis & Dinner, P.C. in Scottsdale, Ariz., specializing in complex and unusual bankruptcies, commercial litigation, construction, corporate and transactional law, real estate and general business law. He concentrates his bankruptcy practice... Read More →
avatar for David A. Tilem

David A. Tilem

Founder, Law Offices of David A. Tilem
David A. Tilem is the founder of the Law Offices of David A. Tilem in Glendale, Calif., where he represents debtors, creditors, trustees, creditor committees, landlords and other parties involved in chapter 7, 11 and 13 cases before federal and state courts. He is certified by the... Read More →


Friday September 14, 2012 11:30am - 12:45am PDT
Four Seasons Ballroom 4
  Consumer Track

11:30am PDT

Fundamental Skills Track: Confirmation Basics

Mette H. Kurth, Moderator

Arent Fox LLP; Los Angeles

Michael McGrath

Mesch, Clark & Rothschild, PC; Tucson, Ariz.

Robert John Miller

Bryan Cave LLP; Phoenix

Hon. Barry Russell

U.S. Bankruptcy Court (C.D. Cal.); Los Angeles

 


Speakers
avatar for Mette H. Kurth

Mette H. Kurth

Partner, Arent Fox LLP
Mette H. Kurth is a partner in the Bankruptcy and Financial Restructuring Group of Arent Fox LLP in Los Angeles. She is on the Turnaround Management Association’s board of directors (2009-present) and was a member of the Los Angeles Bankruptcy Forum’s board of directors (2005-08... Read More →
avatar for Michael McGrath

Michael McGrath

Partner, Mesch, Clark & Rothschild, P.C.
Michael McGrath is a partner with Mesch, Clark & Rothschild, P.C. in Tucson, Ariz., where his practice focuses on creditors’ and debtors’ rights and commercial and real estate transactions. Currently, Mr. McGrath serves as a lawyer delegate to the Ninth Circuit Judicial Conference and... Read More →
avatar for Robert John Miller

Robert John Miller

Partner, Bryan Cave LLP
Robert J. Miller is a partner with Bryan Cave LLP in Phoenix and where he leads the firm’s bankruptcy, restructuring and creditors’ rights practice group. He concentrates on commercial workouts, chapter 11 restructurings and all aspects of commercial bankruptcy litigation, regularly representing... Read More →
avatar for Hon. Barry Russell

Hon. Barry Russell

Chief Judge Emeritus, U.S. Bankruptcy Court (C.D. Cal.)
Hon. Barry Russell is Chief Judge Emeritus for the U.S. Bankruptcy Court for the Central District of California in Los Angeles. Appointed a bankruptcy judge in 1974, he served as chief judge from January 2003 to December 2006, later serving on the Bankruptcy Appellate Panel and... Read More →


Friday September 14, 2012 11:30am - 12:45am PDT
Mesquite 1&2

11:30am PDT

Why Am I Being Sent to District Court and What Do I Do There?

David B. Shemano, Moderator

Peitzman Weg; Los Angeles

Ford Elsaesser

Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd; Sandpoint, Id.

Robbin L. Itkin

Steptoe & Johnson LLP; Los Angeles

Hon. Gloria Navarro

U.S. District Court (D. Nev.); Las Vegas 

 


Speakers
FE

Ford Elsaesser

Senior Partner, Elsaesser Jarzabek Anderson Elliott & Macdonald, Chtd
Ford Elsaesser is a senior partner with Elsaesser Jarzabek Anderson Elliott & Macdonald Chtd. in Sandpoint, Idaho, where his practice focuses on restructuring insolvency and bankruptcy law, commercial litigation, trusteeships and federal and state courts receiverships, mediation... Read More →
avatar for Robbin L. Itkin

Robbin L. Itkin

Partner, Steptoe & Johnson LLP
Robbin L. Itkin is a partner at Steptoe & Johnson LLP in Los Angeles, where she is a member of its Business Solutions Department. She launched its West Coast restructuring group, has helped to expand the firm’s restructuring practice nationally, and represents debtors, creditors... Read More →
avatar for Hon. Gloria Navarro

Hon. Gloria Navarro

Bankruptcy Judge, U.S. District Court (D. Nev.)
Hon. Gloria M. Navarro is a U.S. District Court Judge for the District of Nevada in Las Vegas, nominated by President Barack Obama on Dec. 24, 2009, and confirmed by a unanimous vote of the U.S. Senate on May 5, 2010. She was previously the Chief Deputy District Attorney for Clark County’s... Read More →
avatar for David B. Shemano

David B. Shemano

Partner, Peitzman Weg
David B. Shemano is a partner with Peitzman Weg LLP in Los Angeles, where he represents chapter 11 debtors, creditors’ committees, trustees, secured creditors and general unsecured creditors in all aspects of corporate bankruptcy. Prior to joining Peitzman Weg LLP, Mr. Shemano... Read More →


Friday September 14, 2012 11:30am - 12:45pm PDT
Acacia 2
  Hot Topics

12:45pm PDT

Lunch
Friday September 14, 2012 12:45pm - 2:15pm PDT
Desert Willow
  General

12:45pm PDT

Networking Luncheon and Keynote
Speakers
avatar for Prof. Kenneth N. Klee

Prof. Kenneth N. Klee

Professor, UCLA School of Law
Prof. Kenneth N. Klee is a tenured professor at the UCLA School of Law and a founding partner of Klee, Tuchin, Bogdanoff & Stern LLP in Los Angeles, specializing in corporate reorganization, insolvency and bankruptcy law. From 1974-77, he served as associate counsel to the House... Read More →

Sponsors

Friday September 14, 2012 12:45pm - 2:45pm PDT
Four Seasons Ballroom 1-3
  General

2:15pm PDT

Chapter 11 Track: Digging Up the Dirt: Issues in Real Estate Cases—Valuation, Mechanic’s Liens, Single-Asset Real Estate

David K. Gottlieb

Crowe Horwath LLP; Sherman Oaks, Calif.

Hon. Redfield T. Baum

U.S. Bankruptcy Court (D. Ariz.); Phoenix

Steven D. Jerome

Snell & Wilmer, LLP; Phoenix

Deb Riley

Allen Matkins Leck Gamble Mallory & Natsis LLP; San Diego

 


Speakers
avatar for Hon. Redfield T. Baum

Hon. Redfield T. Baum

Bankruptcy Judge, U.S. Bankruptcy Court (D. Ariz.)
Hon. Redfield T. Baum, Sr. is a U.S. Bankruptcy Judge for the District of Arizona in Phoenix, originally sworn in on March 26, 1990, and previously served as chief judge. Prior to his appointment, he was a partner and director at the O’Connor, Cavanagh, Anderson, Westover, Killingsworth... Read More →
DK

David K. Gottlieb

National Partner, Crowe Horwath LLP
David K. Gottlieb is the national partner in charge of Crowe Horwath LLP’s Bankruptcy Insolvency Services Group in Sherman Oaks, Calif. He has also served as a chapter 7 panel trustee in the Central District of California since 1995. Mr. Gottlieb is a chapter 11 trustee and examiner... Read More →
avatar for Steven D. Jerome

Steven D. Jerome

Partner, Snell & Wilmer L.L.P.
Steven D. Jerome is a partner with Snell & Wilmer L.L.P. in Phoenix, where his practice focuses on bankruptcy and bankruptcy-related state and federal court proceedings. He has represented debtors and secured and unsecured creditors in a variety of forums, including bankruptcy administrative proceedings... Read More →
avatar for Deb Riley

Deb Riley

Partner, Allen Matkins Leck Gamble Mallory & Natsis LLP
Debra A. Riley is a partner with Allen Matkins Leck Gamble Mallory & Natsis LLP in San Diego, where she has extensive experience representing debtors, private-equity funds, lenders, institutional investors and creditors’ committees in complex chapter 11 proceedings. Ms. Riley... Read More →


Friday September 14, 2012 2:15pm - 3:30pm PDT
Acacia 2

2:15pm PDT

Consumer Track: Home Sweet Home: Residential Issues in Bankruptcy Cases Including Robo-signing, Mortgage Fraud, Standing and Relief from Stay

Rudy J. Cerone

McGlinchey Stafford, PLLC; New Orleans

Bernard R. Given, II

Loeb & Loeb LLP; Los Angeles

Karen L. Kellett

Armstrong Kellett Bartholow P.C.; Dallas

Tara Twomey

National Consumer Law Center; Carmel, Calif.

 


Speakers
avatar for Rudy J. Cerone

Rudy J. Cerone

Member, McGlinchey Stafford, PLLC
Rudy J. Cerone is a member of McGlinchey Stafford, PLLC in its New Orleans office and is a former chair and president of the American Board of Certification. A frequent lecturer on bankruptcy issues for more than 20 years, he also serves as Secretary on ABI’s Board of Directors... Read More →
avatar for Bernard R. Given, II

Bernard R. Given, II

Partner, Loeb & Loeb LLP
Bernard R. Given, II is a partner at Loeb & Loeb LLP in Los Angeles, where he practices in the area of bankruptcy and commercial litigation, with an emphasis on business reorganizations and creditors’ rights, and represents debtors, creditors and creditors’ committees in cases... Read More →
KL

Karen L. Kellett

Member, Armstrong Kellett Bartholow P.C.
Karen L. Kellett is a member of Armstrong Kellett Bartholow P.C. in Dallas, which she formed in 2012 and where she practices in bankruptcy, commercial litigation, consumer financial services, consumer class actions and consumer credit cases. She has successfully represented numerous plaintiffs... Read More →
avatar for Tara Twomey

Tara Twomey

Of Counsel, National Consumer Law Center
Tara Twomey is Of Counsel to the National Consumer Law Center in Carmel, Calif., and project director for the National Consumer Bankruptcy Rights Center. She has also served as a lecturer in law at Stanford Law School, Harvard Law School and Boston College Law School. Ms. Twomey is... Read More →


Friday September 14, 2012 2:15pm - 3:30pm PDT
Four Seasons Ballroom 4
  Consumer Track

2:15pm PDT

Fundamental Skills Track: "Possessing More Data than Judgment?": The Proper Use of Experts

Prof. Nancy B. Rapoport, Moderator

William S. Boyd School of Law, University of Nevada, Las Vegas

Susan G. Boswell

Quarles & Brady LLP; Tucson, Ariz.

Monty L. Kehl

Mesirow Financial Consulting, LLC; Chicago

Jordan A. Kroop

Squire Sanders; Phoenix

Deborah D. Williamson

Cox Smith Matthews Incorporated; San Antonio

 


Speakers
avatar for Susan G. Boswell

Susan G. Boswell

Partner, Quarles & Brady LLP
Susan G. Boswell is a partner in the Tucson, Ariz., office of Quarles & Brady LLP, where her practice focuses on national bankruptcy and business reorganization. She has represented creditors and debtors in such industries as health care, hotels, transportation (including airlines... Read More →
avatar for Monty L. Kehl

Monty L. Kehl

Senior Managing Director, Mesirow Financial Consulting, LLC
Monty L. Kehl is a senior managing director with Mesirow Financial Consulting, LLC in Chicago and has more than 20 years of experience providing financial advisory services. He has assisted troubled companies and their creditors to identify and implement optimizing solutions through... Read More →
avatar for Jordan A. Kroop

Jordan A. Kroop

Partner, Squire Sanders' Restructuring & Insolvency Practice Group
Jordan A. Kroop is a partner in Squire Sanders’ Restructuring & Insolvency Practice Group in the firm’s Phoenix and New York offices. His practice focuses on corporate bankruptcy, reorganization and restructuring matters, and he represents publicly traded and privately held... Read More →
avatar for Nancy Rapoport

Nancy Rapoport

Interim Dean and Gordon Silver Professor, William S. Boyd School of Law, University of Nevada
Nancy B. Rapoport is the Special Counsel to the President of the University of Nevada, Las Vegas.  She is also the Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada, Las Vegas, and is an Affiliate Professor of Business Law and Ethics... Read More →
avatar for Deborah D. Williamson

Deborah D. Williamson

Shareholder, Cox Smith Matthews Incorporated
Deborah D. Williamson advises clients on bankruptcy and creditors’ rights as a shareholder with Cox Smith Matthews Incorporated in San Antonio, where she heads its Creditors’ Rights, Corporate Restructuring and Bankruptcy Department. She is Board Certified in Business Bankruptcy Law... Read More →


Friday September 14, 2012 2:15pm - 3:30pm PDT
Mesquite 1&2

2:15pm PDT

Session Three: Bankruptcy Reorganization

This session will consider:

  • Is it possible to reconcile management and board members' wishes for releases?
  • How should management equity and bonuses be handled during reorganization?
  • Do members or management (who might be targets) recuse themselves from discussing future litigation?
  • How is a determination made as to whether a debtor's professionals have inappropriately caved under secured creditors' threats?

Friday September 14, 2012 2:15pm - 4:00pm PDT
Desert Willow
  CFRP Sessions

3:30pm PDT

3:45pm PDT

Chapter 11 Track: Complex Confirmation Issues Including 1111(b), Classification, Cramdown and Rate and Term

Cathy L. Reece, Moderator

Fennemore Craig PC; Phoenix

Ronald F. Greenspan

FTI Consulting, Inc.; Los Angeles

Jeffrey D. Hermann

Orrick, Herrington & Sutcliffe LLP; Los Angeles

Hon. Bruce A. Markell

U.S. Bankruptcy Court (D. Nev.); Las Vegas

 


Speakers
avatar for Ronald F. Greenspan

Ronald F. Greenspan

Senior Managing Director, FTI Consulting, Inc.
Ronald F. Greenspan is a senior managing director and the West region leader in FTI Consulting Inc.’s Corporate Finance practice in Los Angeles and has 33 years of experience with a wide variety of consulting, litigation and bankruptcy engagements, including corporate turnarounds, financial... Read More →
avatar for Jeffrey D. Hermann

Jeffrey D. Hermann

Member, Orrick, Herrington & Sutcliffe LLP
Jeffery D. Hermann is a member of the Restructuring Group of Orrick, Herrington & Sutcliffe LLP’s Los Angeles office. For the last 35 years, he has concentrated his practice in corporate bankruptcy cases, enforcement of and foreclosure of security interests in real and personal... Read More →
avatar for Hon. Bruce A. Markell

Hon. Bruce A. Markell

Bankruptcy Judge, U.S. Bankruptcy Court (D. Nev.)
Hon. Bruce A. Markell was sworn in as a U.S. Bankruptcy Judge in July 2004 for the District of Nevada in Las Vegas, and he has served on the Ninth Circuit’s Bankruptcy Appellate Panel since 2007. Before taking the bench, he practiced bankruptcy and business law for 10 years in... Read More →
avatar for Cathy L. Reece

Cathy L. Reece

Chair, Fennemore Craig, P.C.
Cathy L. Reece chairs the Bankruptcy, Creditors’ Rights and Restructuring practice at Fennemore Craig, P.C., in Phoenix. She has extensive experience in corporate workouts and bankruptcies, aswell as working with clients that are structuring complex transactions and purchasing... Read More →


Friday September 14, 2012 3:45pm - 5:00pm PDT
Acacia 1

3:45pm PDT

Consumer Track: Hot Topics in Chapter 7, Including Trustee Litigation, Business Liquidation, Churning and Election of Trustees

Allan B. Diamond, Moderator

Diamond McCarthy LLP; Houston

Hon. Eileen W. Hollowell

U.S. Bankruptcy Court (D. Ariz); Tucson

Victor A. Sahn

SulmeyerKupetz, APC; Los Angeles

Lenard E. Schwartzer

Schwartzer & McPherson Law Firm; Las Vegas

 


Speakers
avatar for Allan B. Diamond

Allan B. Diamond

Partner, Diamond McCarthy LLP
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Hon. Eileen W. Hollowell

Bankruptcy Judge, U.S. Bankruptcy Court (D. Ariz)
Hon. Eileen W. Hollowell was appointed U.S. Bankruptcy Judge for the District of Arizona in Tucson on Sept. 19, 2000, and was appointed to the Ninth Circuit Bankruptcy Appellate Panel on Aug. 17, 2008. Prior to her appointment, Judge Hollowell’s legal practice focused on bankruptcy and... Read More →
avatar for Victor A. Sahn

Victor A. Sahn

Partner, SulmeyerKupetz, APC
Victor A. Sahn is a partner with SulmeyerKupetz, APC in Los Angeles, where he specializes in all aspects of bankruptcy practice and business and commercial litigation in federal and state courts. He has represented chapter 11 debtors, creditors’ committees, secured creditors... Read More →
avatar for Lenard E. Schwartzer

Lenard E. Schwartzer

Senior Partner, Schwartzer & McPherson Law Firm
Lenard E. Schwartzer is a senior partner of Schwartzer & McPherson Law Firm in Las Vegas, where he practices in the areas of bankruptcy, receiverships, asset-protection, civil litigation and creditors’ rights. He has extensive experience in representing bankruptcy trustees, debtors... Read More →


Friday September 14, 2012 3:45pm - 5:00pm PDT
Four Seasons Ballroom 4
  Consumer Track

3:45pm PDT

Fundamental Skills Track: The Art of Persuasion: Best (and Worst) Practices

Dillon E. Jackson, Moderator

Foster Pepper PLLC; Seattle

Hon. Leif M. Clark

U.S. Bankruptcy Court (W.D. Tex.); San Antonio

Robert J. Keach

Bernstein Shur; Portland, Maine

Michael P. Richman

Hunton & Williams, LLP; New York

 


Speakers
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Hon. Leif M. Clark

Bankruptcy Judge, U.S. Bankruptcy Court (W.D. Tex.)
Hon. Leif M. Clark has served as a U.S. Bankruptcy Judge for the Western District of Texas in San Antonio since 1987. He has authored more than 200 opinions, some of which have been seminal decisions on emerging issues in both consumer and business bankruptcy. In addition, Judge... Read More →
avatar for Dillon E. Jackson

Dillon E. Jackson

Partner, Foster Pepper PLLC
Dillon E. Jackson is a partner with Foster Pepper PLLC in Seattle and is past chair of its Creditors’ Rights and Bankruptcy practice group. He concentrates on bankruptcy and other creditordebtor matters and represents debtors and secured creditors in workouts and loan restructurings. Mr... Read More →
avatar for Robert J. Keach

Robert J. Keach

Shareholder, Bernstein Shur
Robert J. Keach is a shareholder at Bernstein Shur in Portland, Maine, where he focuses on the representation of various parties in workouts and bankruptcy cases, including debtors, creditors, creditors’ committees, lessors and third parties acquiring troubled companies and/or... Read More →
avatar for Michael P. Richman

Michael P. Richman

Partner, Hunton & Williams, LLP
Michael P. Richman is a partner at Hunton & Williams LLP in New York and has represented virtually every party in interest in chapter 11 cases, with a particular focus on debtors, creditors’ committees and financial institutions. With more than 20 years of experience as a bankruptcy... Read More →


Friday September 14, 2012 3:45pm - 5:00pm PDT
Mesquite 1&2

4:00pm PDT

Session Four: Comparison of the Alternatives

Pulling together everything learned in the first three sessions, the faculty will be divided into two teams representing the out-of-court and bankruptcy options and will compare the relative advantages and disadvantages of the two options. This comparison should come from several different perspectives including management, equity, secured lenders, unsecured creditors, landlords and union employees.

 


Friday September 14, 2012 4:00pm - 5:00pm PDT
Desert Willow
  CFRP Sessions

5:00pm PDT

 
Saturday, September 15
 

8:00am PDT

ABI Registration Desk Open
Saturday September 15, 2012 8:00am - 12:00pm PDT
Four Seasons Ballroom Foyer
  General

8:30am PDT

Networking Breakfast

Saturday September 15, 2012 8:30am - 9:00am PDT
Four Seasons Ballroom Foyer
  General

9:00am PDT

Hotckaes and Hot Topics: Judges' Roundtable Q&A
Saturday September 15, 2012 9:00am - 10:15am PDT
Four Seasons Ballroom 1-3
  Hot Topics

10:15am PDT

Coffee Break

Saturday September 15, 2012 10:15am - 10:30am PDT
Four Seasons Ballroom Foyer
  General

10:30am PDT

Plenary Session: Ethics: Client Issues
Speakers
avatar for Hon. Bruce T. Beesley

Hon. Bruce T. Beesley

Bankruptcy Judge, U.S. Bankruptcy Court (D. Nev.)
Hon. Bruce T. Beesley was sworn in as a U.S. Bankruptcy Judge for the District of Nevada in Reno on Jan. 3, 2011. Previously was a practicing attorney for approximately 30 years, specializing in bankruptcy and civil litigation matters. Judge Beesley began his bankruptcy career in 1980... Read More →
avatar for Patricia A. Redmond

Patricia A. Redmond

Shareholder, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA
Patricia A. Redmond is a shareholder in the Bankruptcy and Restructuring Department of Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A. in Miami, where she concentrates on creditors’ rights and insolvency counseling in bankruptcy court and out-of-court restructurings... Read More →
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Bradley D. Sharp

Senior Vice President, Development Specialists, Inc.
Bradley D. Sharp is senior vice president with the Los Angeles office of Development Specialists, Inc., where he has substantial experience in providing crisis-management and consulting services to companies in various industries, including real estate, consumer finance, high-tech... Read More →
avatar for James Patrick Shea

James Patrick Shea

Managing Partner, Shea & Carlyon, Ltd.
James Patrick Shea is the managing partner of Shea & Carlyon, Ltd. in Las Vegas, where he focuses on creditors’ rights, insolvency and reorganization. He has represented a number of hotel casinos and airlines, as well as numerous financial institutions. A frequent author and lecturer... Read More →
avatar for William P. Weintraub

William P. Weintraub

Member, Friedman Kaplan Seiler & Adelman LLP
William P. Weintraub is a member of the law firm of Friedman Kaplan Seiler & Adelman LLP in New York and heads the firm’s Financial Restructuring and Insolvency Group, when his practice focuses on business reorganizations, workouts and bankruptcy, and he routinely represents debtors, creditors... Read More →


Saturday September 15, 2012 10:30am - 11:45am PDT
Four Seasons Ballroom 1-3
  Hot Topics

11:45am PDT

Adjourn
Saturday September 15, 2012 11:45am - 12:45am PDT
Four Seasons Las Vegas
  General