April 26, 2016

NCBJ EDUCATION PROGRAMS

THURSDAY

Plenary                 9:00 AM – 10:00 AM                        Thursday, October 27                     Yerba Buena Salon 8 and 9
Bankruptcy Morning Edition From Broken Bench Radio

Tune in for the latest news and analysis from the world of bankruptcy in a radio news and talk-show format.  Hosts, reporters, special guests, and audience members will discuss current issues that bankruptcy practitioners need to know about. 

Radio Hosts:Prof. Bruce A. Markell, Northwestern Pritzker School of Law, Chicago, IL
Prof. David G. Epstein, University of Richmond Law School, Richmond, VA

Concurrent         10:30 AM – 11:30 AM                     Thursday, October 27                    Yerba Buena Salon 8 and 9
Hot Spots in a Cold Bankruptcy World:  Health Care and Energy Restructurings

A panel of leading experts will discuss hot topics in two key industry sectors that continue to produce bankruptcy and restructuring work despite a strong U.S. economy and “cold” bankruptcy market:  health care (including non-profits) and oil and gas (and energy, more generally).  The panel members not only will provide information on issues from key cases during 2015 and 2016 but also will give their opinions on the future of these industries and the challenges they will face.

Moderator:

Panelists:
Ana M. Alfonso, Willkie Farr & Gallagher LLP, New York, NY

Thomas R. Califano, DLA Piper, New York, NY
William L. Wallander, Vinson & Elkins, L.L.P., Dallas, TX
Harris Winsberg, Troutman Sanders LLP, Atlanta, GA

Consumer Concurrent   10:30 AM – 11:30 AM     Thursday, October 27               Yerba Buena Salon11-13
Chapter 13 Exit Strategies

Dealing with dismissal motions is an unavoidable aspect of Chapter 13 practice.  When plan modification is not possible, a common reaction is simply to do nothing and allow the case to be dismissed.  This can be the right result in some cases, but often other options are not considered.  This panel will discuss how practitioners and courts can respond more strategically to dismissal motions, what options are available to a debtor facing dismissal of a Chapter 13 case, and the role of debtor’s counsel and the court in facilitating consideration of these options.  Panelists will cover real-life examples of the various options and offer practical tips on getting clients to respond at this stage of the case.

Panelists:Hon. Rebecca B. Connelly (Bankr. W.D. Va.), Harrisonburg, VA
Edward C. Boltz, Law Offices of John T. Orcutt, P.C., Durham, NC
Kathy A. Dockery, Chapter 13 Trustee, Los Angeles, CA

Concurrent         11:45 AM – 12:45 PM                      Thursday, October 27                     Yerba Buena 8 and 9
Diffusing the Stress in Financial Distress:  The Intersection of Bankruptcy and Mental Health

Bankruptcy is an inherently stressful event; litigation is an inherently stressful event.  Bankruptcy lawyers and insolvency professionals are not mental health experts – but exposure to some basic mental health concepts can aid your representation and can benefit you and your colleagues.  You might not be able to control certain behavior, but you can better understand it.  This program will provide insight into some mental health issues and concerns that often arise in bankruptcy court, both for parties and those representing them; consider what practitioners can do to better arm their clients to handle the stress that bankruptcy brings; discuss what those in the bankruptcy field can do if they sense a colleague is in trouble; and point out how to recognize key warning signs in yourself and others.

Moderator:

Panelists:
Hon. Laura Taylor Swain (S.D. N.Y.), New York, NY

Prof. Richard A. Friedman, M.D., Weill Cornell Medical College, New York, NY
Paul Steven Singerman, Berger Singerman LLP, Miami, FL
Hon. A. Thomas Small (Bankr. E.D. N.C) (ret.), Raleigh, NC

Consumer Concurrent   11:45 AM – 12:45 PM      Thursday, October 27                  Yerba Buena Salon 11-13
The Modern Mortgage

In today’s lending market, it’s not your grandmother’s mortgage.  In the last two years, nearly every aspect of mortgages has dramatically changed.  New loan disclosure rules are in use, underwriting standards now require evaluating a borrower’s “ability to repay,” servicing is adapting to new federal regulations, and foreclosure prevention faces the expiration of the HAMP loan modification program.  This program will describe key changes in four areas:  underwriting, disclosure, servicing, and loss mitigation.  Industry and advocate panelists will identify how evolving mortgage issues are likely to surface in bankruptcy.  Not quite everything you used to know about mortgages is wrong, but close enough to make for a challenging program.

Panelists:Pete Carroll, Quicken Loans, Washington, DC
Dana Dillard, Nationstar/Mr. Cooper, Dallas, TX
Tara Twomey, National Consumer Bankruptcy Rights Center, Carmel, CA

ABLJ – ABA Symposium   3:00 PM – 5:00 PM           Thursday, October 27                     Yerba Buena Salon 7
The NCBJ at 90: The Evolution, Role and Impact of Bankruptcy Courts from 1926 to 2016

The American Bankruptcy Law Journal – American Bar Association Symposium features a series of presentations.

Moderator:           Hon. Colleen Brown (Bankr. D. Vt.) Burlington, VT

Presentations:

The Keepers of the Code: Evolution of the Bankruptcy Community, 1926 to 2016
Prof. Karen Gebbia, Golden Gate University School of Law, San Francisco, CA

The Rise and Fall of Bankruptcy Courts’ Equitable Powers Over the Past 90 Years
Prof. John A. E. Pottow, University of Michigan Law School, Ann Arbor, MI

Municipal Bankruptcies and Bankruptcy Courts: Then and Now
Prof. Melissa Jacoby, University of North Carolina School of Law, Chapel, Hill, NC

History of Valuation Techniques in the Bankruptcy Court, 1926-2016
Prof. Michael Simkovic, Seton Hall University School of Law, New York, NY


NCBJ – ACB Joint International Program   3:15 PM – 5:15 PM           Thursday, October 27          Golden Gate C1-2
Current Topics in Chapter 15 Cross-Border Cases

The program will focus on issues that are arising in Chapter 15 cases.  Particular attention will be devoted to additional relief that may be granted under Section 1519 upon filing a petition for recognition, which is a form of first-day order.  There also will be discussion of the role of choice of law in recognition matters.

Moderator:

Panelists:
Hon. Christopher M. Klein (Bankr.N.D.Cal.) Sacramento, CA

Honourable Justice Vinodh Coomaraswamy, High Court of Singapore
Hon. Allan L. Gropper, Ret. (Bankr. S.D.N.Y.) New York , NY
Daniel M. Glosband, Goodwin Proctor LLP, Boston, MA
H. Neil Narfason, EY, Calgary, Canada


FRIDAY

Concurrent         9:00 AM – 10:00 AM                        Friday, October 28                           Yerba Buena Salon 9
The Color of Money:  The Implications of Race and Ethnicity in Addressing Debt

Race, immigration, and inequality are prominent in public debate, and bankruptcy is not immune to these issues. Notwithstanding facially neutral laws, the credit and legal systems may vary for borrowers of different demographic characteristics. This session explores ways in which race, class, and immigration status (or perceptions thereof) may affect borrowing, debt collection, and bankruptcy.  The panel will address topics such as exemptions and bankruptcy chapter choice and will take a broad look at the consumer credit markets. While the problems that may exist in consumer credit and bankruptcy elude easy solution, awareness and debate are first steps in progress or reform.

Moderator:

Panelists:
Hon. Jeremy D. Fogel(N.D. Cal.), Director, Federal Judicial Center, Washington, DC

Magdalena Reyes Bordeaux, Public Counsel, Los Angeles, CA
Prof. Robert M. Lawless, University of Illinois College of Law, Champaign, IL
Prof. Song Richardson, University of California, Irvine School of Law, Irvine, CA

Concurrent         9:00 AM – 10:00 AM                        Friday, October 28                           Yerba Buena Salon 8
What Happens After Wellness?

After several years of uncertainty, the Supreme Court decided that parties can consent to a bankruptcy judge’s entry of final judgment on a “Stern claim.”  But the ruling leaves significant procedural and tactical issues for counsel to address.   For example, what implied conduct will be sufficient for the court to determine that consent was both knowing and voluntary?   And when should a party consent?  A panel of experienced lawyers will discuss strategic considerations that are important in deciding whether to consent and the consequences of the decision.  The audience members will weigh in on these strategic decisions through polling technology. 

Moderator:

Panelists:
Hon. John E. Hoffman, Jr. (Bankr. S.D. Ohio), Columbus, OH

Sarah L. Cave, Hughes Hubbard & Reed LLP, New York, NY
Dennis J. Connolly, Alston & Bird LLP , Atlanta, GA
N. Neville Reid, Fox Swibel Levin & Carroll LLP, Chicago, IL

Concurrent         10:30 AM – 11:30 AM                     Friday, October 28                           Yerba Buena Salon 9
The Consumer Financial Protection Bureau: What Bankruptcy Professionals Need to Know

In its first five years, the Consumer Financial Protection Bureau (CFPB) has dramatically changed consumer credit laws.  Debtors borrow – and creditors lend – under new rules for mortgage underwriting, debt collection, credit reporting, and other activities.  The CFPB also brings enforcement actions, handles consumer complaints, and produces education materials.  The CFPB’s work is making a mark on bankruptcy practice, and that will only grow.  Learn about the CFPB’s most important activities, including new defenses to mortgage foreclosure, actions against debt collectors, and pending rulemaking on payday loans.  This program also discusses how the CFPB deals with bankruptcy issues (or not!). 

Moderator:

Panelists:
Prof. Katherine M. Porter, University of California, Irvine School of Law, Irvine, CA

Thomas P. Brown, Paul Hastings LLP, San Francisco, CA
Ellen Harnick, Center for Responsible Lending, Oakland, CA

Concurrent         10:30 AM – 11:30 AM                     Friday, October 28                           Yerba Buena Salon 8
Where Has Our Business Gone? – Alternatives to Chapter 11

Anecdotally, practitioners know that work has been slow in the chapter 11 arena.  But workouts and distressed transactions are still happening – just in alternative ways.  This panel will explore nonbankruptcy restructuring alternatives, such as assignments for the benefit of creditors, receiverships, secured party sales and other solutions.  The panelists will explore when nonbankruptcy alternatives are appropriate (and even preferable) and will consider some of the reasons why chapter 11 appears to have fallen out of favor.

Panelists:Megan Kane, Credit Suisse, New York, NY
Richard E. Mikels, Mintz Levin Ferris Glovsky & Popeo PC, Boston, MA
Jason Niemark, New Water Capital, Boca Raton, FL
Lawrence Young, AlixPartners LLP, Dallas, TX

Concurrent         11:45 AM – 12:45 PM                      Friday, October 28                           Yerba Buena Salon 9

OMG, How Will I Get This Evidence In?! 

Imagine this scenario:  You are at an evidentiary hearing and you desperately need to get some evidence in, but every time you try to lay a foundation you draw objections and the court sustains them.  The sweat begins to form on your brow and your mind races through the rules of evidence!  In this highly interactive program you will see experienced trial lawyers and judges work through a variety of evidentiary issues as they seek to admit evidence commonly offered in bankruptcy court, including business and public records, voluminous business records, electronic evidence, audio recordings, and social media sites.  The scene will be a courtroom setting and you will be asked through electronic polling to predict whether the objections will be sustained.  The program promises to be fast-paced and instructive. 

Moderator:

Panelists:
Hon. Pamela Pepper (E.D. Wis.), Milwaukee, WI

Hon. Stacey L. Meisel (Bankr. D. N.J.), Newark, NJ
Julia Frost-Davies, Morgan, Lewis & Bockius LLP, Boston, MA
Demetra L. Liggins , Thompson & Knight LLP, Houston, TX
Thomas J. Salerno , Stinson Leonard Street LLP, Phoenix, AZ

Concurrent         11:45 AM – 12:45 PM                      Friday, October 28                           Yerba Buena Salon 8
Locking Up the Case: Plan Support Agreements, Intercreditor and Forbearance Agreements, and Other Strategies for Predetermining a Case’s Outcome

Entities purchasing distressed securities and debt often do so with the expectation of “locking up” the chapter 11 case with a restructuring support agreement and control through negotiations on intercreditor agreement provisions. How much is too much?  What can and should a debtor agree to do? What are the options to the late-to-the-party unsecured creditors who may be prejudiced by such lock-up agreements? Which provisions in intercreditor agreements have been challenged? Is the business judgment standard the right standard for approval of these agreements or does it depend? A panel of seasoned practitioners will share their strategies for when to use these agreements, what to ask for in them, and when to challenge them.

Moderator:

Panelists:
Hon. Sean H. Lane (Bankr. S.D. N.Y.), New York, NY

Michael Henkin, Guggenheim Securities, San Francisco, CA
Sharon L. Levine , Saul Ewing, LLP, Newark, NJ
Keith H. Wofford , Ropes & Gray LLP, New York, NY

SATURDAY

Plenary                 8:00 AM – 9:00 AM                          Saturday, October 29                     Yerba Buena Salon 9
To Tell the Truth: Bankruptcy Ethics Are Complicated

In the format of the old game show, To Tell the Truth, a panel of ethics gurus will highlight new and recurring ethical issues that the bankruptcy bench and bar face.  The audience will vote on which guru is telling the truth as they cover topics such as: conflicts, duty of investigation, unbundling, social media and electronic discovery, employment and fee issues, judge recusal, privilege issues, soliciting clients, client controls, and more!

Panelists:Hon. Sheri Bluebond (Bankr. C.D. Cal.), Los Angeles, CA
Hon. Arthur B. Federman (Bankr. W.D. Mo.), Kansas City, MO
Susan M. Freeman, Lewis Roca Rothgerber Christie LLP, Phoenix, AZ
Prof. Lois R. Lupica, University of Maine School of Law, Portland, ME

Plenary                 9:15 AM – 10:15 AM                                        Saturday, October 29                     Yerba Buena Salon 9
Tell It To The Judge!

Judges are human, too.  Despite being (hopefully) some of the best and brightest in the insolvency universe, they too have quirks, idiosyncrasies, and habits that sometimes result in egregious things happening in the courtroom.  Additionally, sometimes lawyers might not use the most effective means to “clue in” judges as to what is really happening outside of the courtroom—to get the judge focused on issues that need to be addressed.  In this program, you will be seated at a roundtable with a bankruptcy judge for a free-flowing discussion designed to let you tell the judge what you think about specific topics that the panelists introduce.  The small group discussions will give judges and lawyers an opportunity to exchange ideas to foster a better understanding of each others’ views from both sides of the bench.

Panelists:Hon. Dennis R. Dow (Bankr. W.D. Mo.), Kansas City, MO
Hon. Erithe A. Smith (Bankr. C.D. Cal.), Santa Ana, CA
Hon. Scott C. Clarkson (Bankr. C.D. Cal.), Santa Ana, CA