Bankruptcy

35th Annual National CLE & Ski Conference

 


Program Agenda:

Bankruptcy

January 3-7, 2018, Marriott Vail Mountain Resort & Spa  

Program Chair:
Paul G. Swanson, Steinhilber Swanson, LLP,  Oshkosh, WI, Past President –  National Association of Bankruptcy Trustees; Past Chair, Bankruptcy Section and President, State Bar of Wisconsin

The Bankruptcy Program for the Law Education Institute is presented in a unique format. The expert panels have a depth of knowledge unsurpassed on the topics that they address. The presentation is in small groups and is very interactive, with many, if not most, of the speakers attending all of the sessions and interacting with panels. Participants are encouraged to join in the discussion, which provides for an educational experience unique to the Law Education Institute. 

Wednesday, January 3, 2018

3:00 – 7:00 p.m.                     

Registration

4:30 – 5:30 p.m.                      

Exemptions – Whether you represent debtors or creditors, you need to understand the intricacies and strategies involved in exemptions and exemption planning. The panel will discuss developments in the law since Law v. Siegal/other oddities in exemptions.                                   

Ronald R. Peterson, Jenner & Block, Chicago, IL; Director and past Vice President – National Association of Bankruptcy Trustees

Paul G. Swanson, Steinhilber Swanson, LLP,  Oshkosh, WI, Past President –  National Association of Bankruptcy Trustees; Past Chair, Bankruptcy Section and President, State Bar of Wisconsin

Neil C. Gordon, Arnall Golden Gregory, LLP, Atlanta, GA; Past President – National Association of Bankruptcy Trustees

5:30 – 6:30 p.m.                    

Student Loan Crisis — Student loan debt has now eclipsed credit card debt in the United States. A record number of defaults are occurring, much of which are not dischargeable in bankruptcy. The
panel will discuss strategies related to discharging student loans and administration remedies available to tapped out borrowers.

Paul G. Swanson, Steinhilber Swanson, LLP,  Oshkosh, WI, Past President –  National Association of Bankruptcy Trustees; Past Chair, Bankruptcy Section and President, State Bar of Wisconsin

Ted Gavin, IV, CTP, Gavin/Solmonese LLC, Wilmington, DE; President-Elect, American Bankruptcy Institute

Shelly DeRousse, Freeborn & Peters, LLP, Chicago, IL; President, Women’s Bar Foundation of Illinois
 

Thursday, January 4, 2018

7:00 – 8:00 a.m.              

Third Party Injunctions Under Section 105 — Do courts have the authority to craft remedies out of whole cloth, or are there some limits to the “equitable” powers of the Bankruptcy Code under Section
105? What are the limits to these powers and when is the exercise of them appropriate?                     

David K. Welch, Crane, Heyman, Simon, Welch & Clar, Chicago, IL; former Chair – Chicago Bar Association Committee on Bankruptcy and Reorganization

David M. Neff, Perkins Coie LLP, Chicago, IL; Past Chair-Chicago Bar Association, Bankruptcies and Reorganization Committee 
            
James T. Markus, Markus Williams Young & Zimmermann LLC, Denver, CO; Past President – American Bankruptcy Institute         

8:00 – 9:00 a.m.                            

Substantive Consolidation of Multi-Entity Chapter 11 Debtors  

Frequently, debtors have inter-related business entities, all of which are in financial distress. What are strategies to accomplish or defeat such consolidations (depending on your point of view)?                                      

Michael P. Richman, Hunton & Williams LLP, New York, NY; Past President, American Bankruptcy Institute; Past Co-Chair, Section 363 Subcommittee of ABI Chapter 11 Reform Commission; annual Bankruptcy law practice recognition by Super Lawyers
      
David K. Welch, Crane, Heyman, Simon, Welch & Clar, Chicago, IL; former Chair – Chicago Bar Association Committee on Bankruptcy and Reorganization

Robert Fishman, Shaw Fishman Glantz & Towbin, LLC, Chicago, IL, and Wilmington, DE; Past President – American Bankruptcy Institute                                                        

4:30- 6:30 p.m.                      

Plenary Session – More Fun with Ethics at the Movies
Larry J. Cohen, Ph.D., J.D., Cohen’s Counsel, Bethel, VT

6:30 p.m.                                

Wine Reception

Friday, January 5, 2018             

7:00 – 8:00 a.m.                            
Oil and Gas Insolvencies — First, the oil price fell into the cellar. Then, Hurricane Harvey descends on the oil patch. What will the landscape look like in the immediate future and is this a growth area for
Bankruptcy professionals? 

Jason S. Brookner, Gray, Reed & McGraw LLP, Dallas, TX; Former Chair – Dallas Bar Association, Bankruptcy and Commercial Law Section

James T. Markus, Markus Williams Young & Zimmermann LLC, Denver, CO; Past President – American Bankruptcy Institute 
         
F. Robert Tiddens, Managing Director, Leaf River Resources Holdings LLC, Denver, CO           
                                      

8:00 – 9:00 a.m.                      

Effective Litigation Skills — Bankruptcy Courts are not the same friendly, informal forums they were 20 years ago. Any practitioner doing trial work must have the skill to qualify experts and effectively use their testimony in a Bankruptcy trial.
  
Melanie K. Sharp, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE

Michael P. Richman, Hunton & Williams LLP, New York, NY; Past President, American Bankruptcy Institute; Past Co-Chair, Section 363 Subcommittee of ABI Chapter 11 Reform Commission; annual Bankruptcy law practice recognition by Super Lawyers

Brian Shaw, Shaw Fishman Glantz & Towbin LLC, Chicago, IL; Past President  – American Bankruptcy Institute, Fellow of the American College of Bankruptcy and Past Chair, Chicago Bar Association
Bankruptcy and Reorganization Section

David K. Welch, Crane, Heyman, Simon, Welch & Clar, Chicago, IL; former Chair – Chicago Bar Association Committee on Bankruptcy and Reorganization

Bonus Session*
Friday, January 5, 2018
3:20 – 4:20 p.m.

CTE: What It Means for Civil and Criminal Litigation

  • CTE — What It Is and What It Does to Functioning and Behavior
    • Is It More than a Sports Injury Issue?
  • Detecting CTE — Neurology, Neuropathology, Neuroimaging, Neuropsychology, Biomarkers
  • CTE in Litigation
    • Its Role and Potential Role in Civil and Criminal Litigation
    • Admissibility Issues

The Future of CTE in Litigation — A Disorder Along the Concussion Spectrum?
Larry J. Cohen, Ph.D., J.D., Cohen’s Counsel, Bethel, VT

4:30 – 5:30 p.m.                

Case Law Updates — Consumer Track. Cases of interest over the last year to keep you up to date and developments in the law in your jurisdiction.

Neil C. Gordon, Arnall Golden Gregory, LLP, Atlanta, GA; Past President – National Association of Bankruptcy Trustees

Claire Ann Resop, Steinhilber Swanson LLP, Madison, WI; Former Board Member – ABI; Past Chair – State Bar of Wisconsin, Bankruptcy Section

5:30 – 6:30 p.m.               

Case Law Updates — Business Track. Cases of interest over the lastyear to keep you up to date and developments in the law in your jurisdiction.

Neil C. Gordon, Arnall Golden Gregory, LLP, Atlanta, GA; Past President – National Association of Bankruptcy Trustees   

Shelly DeRousse, Freeborn & Peters, LLP, Chicago, IL; President, Women’s Bar Foundation of Illinois                                                          

Brian Shaw, Shaw Fishman Glantz & Towbin LLC, Chicago, IL; Past President  – American Bankruptcy Institute, Fellow of the American College of Bankruptcy and Past Chair, Chicago Bar Association
Bankruptcy and Reorganization Section

Saturday, January 6, 2018

7:00 –8:00 a.m.               

The Current Status of Section 363 — Courts continue to examine the limits of sales under the Bankruptcy Code. You need to be aware of current developments in bidding strategies/loan to own/credit bidding.                         

Jason S. Brookner, Gray, Reed & McGraw LLP, Dallas, TX; Former Chair – Dallas Bar Association, Bankruptcy and Commercial Law Section

David M. Neff, Perkins Coie LLP, Chicago, IL; Past Chair-Chicago Bar Association, Bankruptcies and Reorganization Committee
              
James T. Markus, Markus Williams Young & Zimmermann LLC, Denver, CO; Past President – American Bankruptcy Institute         

8:00 – 9:00 a.m.                

What is the Office of the United States Trustee Up To?

With case filings at an all-time low, and an apparent excess of capacity, the United States Trustee is taking a more active role in more areas of the practice. The panel will discuss Chapter 7 Trustee election issues as well as strategies in the defense of Section 727 Objections to Discharge frequently brought by the United States Trustee.

Shelly DeRousse, Freeborn & Peters, LLP, Chicago, IL; President, Women’s Bar Foundation of Illinois
                                                          
Ted Gavin, IV, CTP, Gavin/Solmonese LLC, Wilmington, DE; President-Elect, American Bankruptcy Institute

Paul G. Swanson, Steinhilber Swanson, LLP,  Oshkosh, WI, Past President –  National Association of Bankruptcy Trustees; Past Chair, Bankruptcy Section and President, State Bar of Wisconsin                                                                     

4:30 – 5:30 p.m.                

The Effective Use of Claims Objections in Consumer and Business Cases

Frequently, claims are filed which are unenforceable, invalid or otherwise improper. The panel will discuss strategies and basis for the objections to claims in both business and consumer cases.                                                                   

Brian Shaw, Shaw Fishman Glantz & Towbin LLC, Chicago, IL; Past President  – American Bankruptcy Institute, Fellow of the American College of Bankruptcy and Past Chair, Chicago Bar Association
Bankruptcy and Reorganization Section                                                         

Claire Ann Resop, Steinhilber Swanson LLP, Madison, WI; Former Board Member – ABI; Past Chair – State Bar of Wisconsin, Bankruptcy Section

 5:30 – 6:30 p.m.             

Asset Protection Trusts — Benefits and Pitfalls.

Is it appropriate and defensible to engage in pre-Bankruptcy planning through asset protection trusts? The panel will examine the pitfalls and benefits of engaging in such strategies.

Ronald R. Peterson, Jenner & Block, Chicago, IL; Director and past Vice President – National Association of Bankruptcy Trustees

Robert Fishman, Shaw Fishman Glantz & Towbin, LLC, Chicago, IL, and Wilmington, DE; Past President – American Bankruptcy Institute                                                        

Sunday, January 7, 2018

Plenary Sessions

 7:00 – 8:00 a.m.    

The Ethical Boundaries of Adversary Investigations

  • Addressing the Need for Information about Your Adversaries, Including Such in Intellectual Property Disputes
  • Investigative Techniques Generally, and Use of Private Investigators, Specifically  
  • Applicable Law and Rules, Including Rules 4.1 (a), 4.2, 4.3, 4.4(a), 8.4(c), and 5.3 of the ABA Model Rules of Professional Conduct
  • Potential Penalties and Consequences for Violations
  • Case Analyses and Hypotheticals

Presented by Michael Chiappetta, Senior Legal Editor, Intellectual Property & Technology, Practical Law, New York, NY. Your speaker will share with you his experiences in the intellectual property practice area along with how such ethical considerations may apply in other practice areas and other practice area examples

8:00 – 9:00 a.m.    
Ethical Considerations Regarding Collection and Admission of Social Media Evidence

What was once a thought or a spoken word is now memorialized as tangible evidence. A running journal of an individual’s activities, thoughts, and movements is a potential treasure trove of evidence not to be ignored. Improper collection can lead to spoliation and/or preclusion of evidence.  Gregory MacFarlane, JD, E-Discovery Specialist, Thomson Reuters/Pangea3, New York, NY will discuss the case law (state & federal), FRCP, Rules of Evidence (801, 901, & 902), ABA Model Rules (401 & 804), and bar opinions surrounding preservation of evidence, best practices for collection, rules of evidence and how to lay a proper for admission of this evidence.  These winning strategies will lower the cost of litigation and improve work product.

Presented by Gregory MacFarlane, JD, Legal Consultant│E-Discovery Specialist, Thomson Reuters, New York, NY

 

 

* hot topic presentation that we would like everyone to have the opportunity to attend so we are offering it as a bonus session for which attendees will need to individually submit for CLE credit should they wish CLE credit for attending, and that we are happy to answer questions regarding such.

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