Issuu on Google+

Special Feature:

6th Annual Complex Financial Restructuring Program September 10 ~ 11, 2009 See inside for details on this in-depth one-day financial restructuring program

Annual SouthWest Bankruptcy Conference 17

th

September 10 ~ 12, 2009 Hyatt Regency Lake Tahoe Resort, Spa & Casino Incline Village, Nevada


17th Annual

SouthWest Bankruptcy Conference On behalf of our distinguished faculty and Advisory Board, we are pleased to invite you to attend the 17th Annual Southwest

Bankruptcy Conference, to be held at the gorgeous Hyatt Regency Lake Tahoe Resort & Casino. With Up to 9 hours of CLE/CPE credit, including 1.5 hours of ethics available, the Southwest Advisory Board has assembled a roster of the best regional and national speakers and timely topics that offer something for everyone. Nestled within the Sierra Mountain Range, the stunning locale of the Four Diamond Hyatt Regency Lake Tahoe hotel is the ideal setting for year-round pampering. Take a cruise on one of the private boats, then tempt Lady Luck in the Casino. Ease tired muscles with a deeptissue massage in the world-class spa, or bask in the sunshine on the private beach. Reconnect with family, colleagues – and yourself – while enjoying the natural wonders in and around Lake Tahoe. Exercise enthusiasts, golfers, shoppers and relaxation addicts will find just the right activity in Lake Tahoe while enjoying various networking events and top-notch programming with ABI colleagues. We look forward to welcoming you to the crystal-blue shores of Lake Tahoe!

17th Annual Southwest Bankruptcy Conference Program Chairs and Advisory Board Program Co-Chairs C Candace C. Carlyon Shea & Carlyon, Ltd.; Las Vegas C Jeffrey N. Pomerantz Pachulski Stang Ziehl & Jones LLP Los Angeles

Sponsorship Chair C Jeff Nerland CRG Partners Group LLC Santa Ana, Calif.

Judicial Chair C Hon. Gregg W. Zive U.S. Bankruptcy Court (D. Nev.) Reno

Advisory Board Members C C C C C C C C C

Sharon Marie Beausoleil Fulbright & Jaworski LLP; Houston Bruce T. Beesley Lewis and Roca LLP; Reno, Nev. Steven M. Berman Shumaker, Loop & Kendrick, LLP; Tampa and San Diego M. David Bryant Cox Smith Matthews Incorporated; Dallas Rudy J. Cerone McGlinchey Stafford, PLLC; New Orleans Ford Elsaesser Elsaesser, Jarzabek, Anderson, Marks, Elliott & McHugh, Chtd.; Sandpoint, Idaho Scott F. Gautier Peitzman, Weg & Kempinsky LLP; Los Angeles Douglas E. Himmel Melville Capital, LLC; Los Angeles Hon. Eileen W. Hollowell U.S. Bankruptcy Court (D. Ariz.); Tucson

C C C C C C C C C

Nicole Horton Macquarie Capital (USA) Inc.; Los Angeles Peter J. Rathwell Snell & Wilmer, LLP; Phoenix Henry R. Ritter SoCal Advisors; Playa del Rey, Calif. Louis E. Robichaux, IV Bridge Associates LLC; Dallas Mitch Ryan Epiq Systems; Orange, Calif. Bradley D. Sharp Development Specialists, Inc.; Los Angeles Anthony F. Wolf BDO Seidman, LLP; Dallas Hon. Linda B. Riegle, Ex-Officio U.S. Bankruptcy Court (D. Nev.); Las Vegas James Patrick Shea, Ex-Officio Shea & Carlyon, Ltd.; Las Vegas


17th Annual

Southwest Bankruptcy Conference Sponsors Please join ABI in acknowledging the generous support of our 2009 Sponsors.

Royal Flush ($7,500+)

Four of a Kind ($3,000-$4,999)

Full House ($1,500-$2,999)

Bridge Associates LLC Winston & Strawn LLP

Administar Services Group LLC Gardere Wynne Sewell, LLP GlassRatner Advisory & Capital Group LLC Greenberg Traurig, LLP Imperial Capital, LLC Jefferies & Company, Inc. Kibel Green Inc. Loeb & Loeb LLP Mesirow Financial Consulting, LLC NachmanHaysBrownstein, Inc. The Nassi Group, LLC SB Capital Group LLC Sherwood Partners, LLC Stutman, Treister & Glatt, PC Union Bank of California, NA Warner Stevens, LLP

Alston & Bird LLP Cooley Godward Kronish LLP Cox Smith Matthews Incorporated CRG Partners Group LLC Development Specialists, Inc.. Elsaesser, Jarzabek, Anderson, Marks, Elliott & McHugh, Chtd. Great American Group Haynes and Boone, LLP Lewis and Roca LLP McGlinchey Stafford, PLLC Melville Capital, LLC Mesch, Clark & Rothschild, PC Milbank, Tweed, Hadley & McCloy LLP Nussbaum & Gillis, PC Pachulski Stang Ziehl & Jones LLP Peitzman, Weg & Kempinsky LLP Protiviti Inc. Schwartzer & McPherson Law Firm Shea & Carlyon, Ltd. Shumaker, Loop & Kendrick, LLP Snell & Wilmer, LLP SulmeyerKupetz, APC Tactical Financial Consulting, LLC

Straight Flush ($5,000-$7,499) LECG, LLC Macquarie Capital (USA) Inc. Proskauer Rose LLP

Special Thanks We extend our special thanks to Thomson West Reuters for providing the printed educational materials and totebags, KPMG Corporate Finance LLC for the Conference notepads, BMC Group for the hotel key cards and Garden City Group, Inc. for the Conference lanyards.


Thursday, September 10 8:30 a.m.-1:30 p.m.

Optional Event: Golf Tournament at Incline Village PGA Championship Course Sponsored by Administar Services Group LLC and Union Bank of California, NA

8:45 a.m.-5:00 p.m.

American Board of Certification Exams

11:00 a.m.-4:00 p.m.

Optional Event: Charter Fishing

2:00-5:00 p.m.

Optional Event: International Women’s Insolvency and Restructuring Confederation (additional fees apply)

2:00-3:30 p.m.

Women and Finance: A Winning Hand C Stephanie S. Anderson AlixPartners LLP; Dallas C Kesli Jensen PricewaterhouseCoopers LLP; Salt Lake City C Elizabeth B. Monty Veriti Consultting; Scottsdale, Ariz. C Lori L. Payne Los Angeles C Susan M. Smith Mesirow Financial Consulting, LLC; Miami

3:30-4:00 p.m.

Refreshment Break

4:00-5:00 p.m.

Perspectives from the Bench and Ethical Issues C Jeanette E. McPherson, Moderator Schwartzer & McPherson Law Firm; Las Vegas C Hon. Eileen W. Hollowell U.S. Bankruptcy Court, (D. Ariz.); Tucson C Prof. Nancy B. Rapoport William S. Boyd School of Law, Univ. of Nevada; Las Vegas C Hon. Maureen A. Tighe U.S. Bankruptcy Court, (C.D. Calif.); Woodland Hills

2:00-6:00 p.m.

ABI Registration Desk Open

2:30-3:30 p.m.

Rolling Ethics CLE: Round-trip Multimedia Ethics Extravaganza with Prof. Nancy Rapoport from Reno Airport to the Hyatt Lake Tahoe (additional fees apply) That’s right! Rolling CLE means you’ll pass the time in a luxury motor coach on your way from Reno International Airport to the Hyatt Regency Lake Tahoe with fellow ABI members (and some light refreshments)! You’ll get some laughs, some great networking and, best of all, a full hour of ETHICS! The $75 fee includes round-trip transportation and CLE credit. The motor coach will leave Reno Airport on Thursday, September 10, at 2:30 p.m. and arrive at the Hyatt Regency Lake Tahoe at approximately 3:30 pm. The return motor coach will leave


the Hyatt on Saturday, September 12, at 1:00 p.m., with arrival at Reno Airport at approximately 2:00 p.m. Please plan your flight accordingly. Sponsored by Shea & Carlyon, Ltd.

9:45-11:00 a.m.

5:00-6:00 p.m.

6:00-8:00 a.m.

C Ford Elsaesser Elsaesser, Jarzabek, Anderson, Marks, Elliott & McHugh, Chtd.; Sandpoint, Idaho C Hon. Eileen W. Hollowell U.S. Bankruptcy Court (D. Ariz.); Tucson C Hon. Christopher M. Klein U.S. Bankruptcy Court (E.D. Calif.); Sacramento C Randy Nussbaum Nussbaum & Gillis, PC; Scottsdale, Ariz.

7:00 a.m-5:00 p.m.

Ethics—Walking in the Grey Areas: Advising Clients and Avoiding Pitfalls in Ethically Unsettled Areas

7:30-8:00 a.m.

A discussion to include representation of corporate entities with potential claims against insiders; attorney/ client privilege; duty of disclosure to court; use of court process as negotiation aid.

ABI Ambassador Reception

6:00-8:00 p.m.

Opening Reception Sponsored by Bridge Associates LLC and Winston & Strawn LLP

Friday, September 11 Optional Event: Early-riser Tahoe Shoreline Hike ABI Registration Desk Open Networking Breakfast Sponsored by Gardere Wynne Sewell, LLP and GlassRatner Advisory & Capital Group LLC

8:00-9:30 a.m.

Great Debates C Mitch Ryan, Moderator Epiq Systems; Orange, Calif. Resolved: The court may approve carve-outs for certain professionals and class-skipping distributions upon the approval of affected secured creditors.

Pro: Mark Shinderman Milbank, Tweed, Hadley & McCloy LLP; Los Angeles Con: Brett A. Axelrod Greenberg Traurig, LLP; Las Vegas

Resolved: BAPCPA provisions requiring contribution

of post-petition earnings unconstitutionally mandate involuntary servitude.

Pro: Hon. Samuel L. Bufford U.S. Bankruptcy Court (C.D. Calif.); Los Angeles Con: Scott F. Gautier Peitzman, Weg & Kempinsky LLP; Los Angeles

Resolved: Administratively insolvent cases may be administered for the benefit of secured creditors.

Pro: Eve H. Karasik Stutman, Treister & Glatt, PC; Los Angeles Con: Robert L. Eisenbach, III Cooley Godward Kronish LLP; San Francisco

9:30-9:45 a.m. Coffee Break

Sponsored by Jefferies & Company, Inc. and Loeb & Loeb LLP

Concurrent Sessions (4) Current Developments (Consumer) What’s new in consumer bankruptcies, including recent developments in case law and legislation.

C August B. Landis U.S. Department of Justice; Las Vegas C Larry Lattig Mesirow Financial Consulting, LLC; Dallas C Hon. Randall J. Newsome U.S. Bankruptcy Court (N.D. Calif.); Oakland C Prof. Nancy B. Rapoport William S. Boyd School of Law, University of Nevada; Las Vegas Evidence/Litigation Skills

A “how-to” discussion/demonstration of when and how to admit evidence in bankruptcy proceedings, and other litigation skills and strategies.

C Steven M. Berman Shumaker, Loop & Kendrick, LLP; Tampa C Candace C. Carlyon Shea & Carlyon, Ltd.; Las Vegas C Brian I. Swett Winston & Strawn LLP; Chicago C Donna S. Tamanaha Office of the U.S. Trustee; San Francisco C Hon. Michael G. Williamson U.S. Bankruptcy Court (M.D. Fla.); Tampa The Contested Confirmation: Traps, Potholes and Strategies (Tricks?) in a Cramdown

The panel will focus on contested confirmation hearings, with a discussion of the strategies, evidence and preparation necessary to assure a successful result for the debtor’s plan confirmation.

C Robin E. Phelan Haynes and Boone, LLP; Dallas C Thomas J. Salerno Squire, Sanders & Dempsey, LLP; Phoenix C Hon. Leslie J. Tchaikovsky U.S. Bankruptcy Court (N.D. Calif); Oakland C John Tittle, Jr. NachmanHaysBrownstein, Inc.; Dallas


Program {continued}

1:00-2:00 p.m.

11:00-11:15 a.m.

Speaker Sponsored by Sherwood Partners, LLC With the state of our economy at the forefront of public attention – and of particular interest to insolvency professionals – Dr. Nickelsburg will provide his insights regarding the past, present and future of the economy in the United States.

Coffee Break

Sponsored by Kibel Green Inc. and Warner Stevens, LLP

11:15 a.m.-12:30 p.m.

Concurrent Sessions (3) Fraudulent Conveyance Claims: Offense and Defense Chapter 11 debtors and chapter 7 and 11 trustees are looking for new ways to apply fraudulent-transfer law to enhance their estates. Transferees are looking for all available defenses. This workshop will briefly review the basics and then survey the issues arising in these new claims, including indirect transfers, Ponzi scheme claims and subsequent transferee claims, and the possible defenses to those claims.

C Kathy Bazoian Phelps

Danning, Gill, Diamond & Kollitz, LLP; Los Angeles C Hon. Steven W. Rhodes U.S. Bankruptcy Court (E.D. Mich.); Detroit C Brenda Moody Whinery Mesch, Clark & Rothschild, PC; Tucson C Daniel R. Williams RSM McGladrey; Phoenix Technology Transformation: Leverage the Newest Technologies Being Used by the Bench and Bar? Learn about the latest techno-advancements that make our practice and the administration of justice more efficient and effective.

C Karim Guirguis

American Bankruptcy Institute; Alexandria, Va. C Hon. Eugene R. Wedoff U.S. Bankruptcy Court (N.D. Ill.); Chicago C Lorenzo Mendizabal Epiq Systems; New York Bankruptcy Alternatives: Receiverships, Foreclosures and Workouts: In Search of a Better Way When bankruptcy is not the best option, the panel will explore cost-effective alternatives including assignments, receiverships, foreclosures and workouts.

C Geoffrey L. Berman Development Specialists, Inc.; Los Angeles C Bruce Cox Conklin, Jr. Kibel Green Inc.; Irvine, Calif. C Caroline Case Fuller Fairfield & Woods, PC; Denver C Dean G. Rallis, Jr. Alston & Bird LLP; Los Angeles 12:30-1:00 p.m.

Networking Luncheon Sponsored by Proskauer Rose LLP and LECG, LLC

Keynote Presentation with Jerry Nickelsburg, PhD Senior Economist, UCLA Anderson Forecast

1:00 p.m.

Optional Event: Squaw Valley Tram Ride

2:15-3:30 p.m.

Concurrent Sessions (3) Who is Still Eligible for Bankruptcy Relief? Current Issues on the Means Test, Debt Limits, and Serial Filers BAPCPA changed some of the locks on the bankruptcy court doors, and the courts aave been busy defining who can now get in. The panel will explore the results so far, and the conflicts and circuit splits that remain to be resolved.

C Kevin A. Darby Darby Law Practice, Ltc.; Reno C Hon. Mike K. Nakagawa U.S. Bankruptcy Court (D. Nev.); Las Vegas C Claire Ann Resop von Briesen & Roper, SC; Madison, Wis. Understanding Cross-border Issues in a Restructuring Situation

The panel will discuss a range of topics related to cross-border restructurings/bankruptcies, including: (1) Canadian proceedings and insolvency law and what practitioners in the Southwest region should expect, with a focus on the Nortel Networks and Phoenix Coyotes cases; (2) Asian restructuring issues—both in- and out-bound—in connection with marketing/selling distressed assets/companies to Asia-based prospects, unwinding investments and monetizing assets in Asia, and challenges with respect to the recognition of U.S. proceedings; (3) issues U.S. suppliers face when engaging in U.S.-Latin America cross-border credit transactions, as well as a comparative summary of the commercial insolvency laws in the U.S. vs. Latin America (focus on major practical features); (4) European cross-border issues, including an overview of insolvency rules in Europe; and (5) a variety of other relevant issues.

C Hon. Samuel L. Bufford U.S. Bankruptcy Court (C.D. Calif.); Los Angeles C Nicole Horton Macquarie Capital (USA) Inc.; Los Angeles C George M. Kelakos Kelakos Advisors LLC; Greenwich, Conn. C Scott K. Brown Lewis and Roca LLP; Phoenix C Josefina Fernandez McEvoy Fox Rothschild LLP; Los Angeles


Around Chapter 11 in 80 Days for Rapid Reorganizations or Liquidation

Saturday, September 12

The practical and legal considerations with prepackaged and prenegotiated bankruptcies.

6:30 a.m.

Fennemore Craig PC; Las Vegas C Franklind Davis Lea Tactical Financial Consulting, LLC; Alpharetta, Ga. C Victor A. Sahn SulmeyerKupetz, APC; Los Angeles C Hon. Gregg W. Zive U.S. Bankruptcy Court (D. Nev.); Reno

8:00 a.m.-1:00 p.m.

C Laurel E. Davis

3:30-3:45 p.m.

Refreshment Break Sponsored by Greenberg Traurig, LLP and Mesirow Financial Consulting, LLC

3:45-5:00 p.m.

Concurrent Sessions (2) Residential Mortgages: Burning Down the House Claims and defenses involving the administration residential mortgages in consumer bankruptcies will be discussed in addition to voluntary and mandated workout strategies, and economic impact.

C Rudy J. Cerone McGlinchey Stafford, PLLC; New Orleans C Hon. David W. Houston, III U.S. Bankruptcy Court (N.D. Miss.); Aberdeen C Kathleen A. Leavitt Chapter 13 Trustee; Las Vegas C Lenard E. Schwartzer Schwartzer & McPherson Law Firm; Las Vegas Current Developments (Commercial)

This panel will discuss recent developments in commercial bankruptcies, including recent developments in case law and legislation.

C Holland N. O’Neil Gardere Wynne Sewell, LLP; Dallas C Thomas E. Patterson Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles C Michael D. Warner Warner Stevens, LLP; Fort Worth, Texas Repeat Concurrent Session (1) Ethics—Walking in the Grey Areas: Advising Clients and Avoiding Pitfalls in Ethically Unsettled Areas

5:00-6:00 p.m.

Networking Reception/ABI Happy Hour Sponsored by NachmanHaysBrownstein, Inc., SB Capital Group LLC and Stutman, Treister & Glatt, PC

Optional Event: Tour de ABI: Tahoe Style ABI Registration Desk Open

8:30-10:15 a.m.

Hotcakes and Hot Topics: Networking Breakfast Followed by a Judges’ Roundtable Q&A Sponsored by Macquarie Capital (USA) Inc.

C Hon. Samuel L. Bufford

U.S. Bankruptcy Court (C.D. Calif.); Los Angeles C Hon. Eileen W. Hollowell U.S. Bankruptcy Court (D. Ariz.); Tucson C Hon. David W. Houston, III U.S. Bankruptcy Court (N.D. Miss.); Aberdeen C Hon. Christopher M. Klein U.S. Bankruptcy Court (E.D. Calif.); Sacramento C Hon. Mike K. Nakagawa U.S. Bankruptcy Court (D. Nev.); Las Vegas C Hon. Randall J. Newsome U.S. Bankruptcy Court (N.D. Calif.); Oakland C Hon. Steven W. Rhodes U.S. Bankruptcy Court (E.D. Mich); Detroit C Hon. Michael G. Williamson U.S. Bankruptcy Court (D. Fla.); Tampa C Hon. Leslie J. Tchaikovsky U.S. Bankruptcy Court (N.D. Calif.); Oakland C Hon. Maureen A. Tighe U.S. Bankruptcy Court (C.D. Calif.); Woodland Hills C Hon. Eugene R. Wedoff U.S. Bankruptcy Court (N.D. Ill.); Chicago C Hon. Gregg W. Zive U.S. Bankruptcy Court (D. Nev.); Reno

10:15-10:30 a.m. Coffee Break

Sponsored by Imperial Capital, LLC and The Nassi Group, LLC

10:30 a.m.-12:00 p.m.

Plenary Session: Understanding Capital Markets This presentation will discuss the ongoing turmoil in the capital markets and related restructuring trends. The panel will also discuss recent opinions regarding the treatment of financial derivatives in bankruptcy.

C Laura Davis Jones Pachulski Stang Ziehl & Jones LLP; Wilmington, Del. C Peter S. Kaufman Gordian Group, LLC; New York C Frank A. Merola Jefferies & Company, Inc.; Los Angeles C Hon. Maureen A. Tighe U.S. Bankruptcy Court (C.D. Calif.); Woodland Hills 12:00 p.m. Adjourn


Optional Events Rolling CLE: Multimedia Ethics Extravaganza with Prof. Nancy Rapoport

Thursday, September 10

That’s right! Rolling CLE means you’ll pass the time in a luxury motor coach on your way from Reno International Airport to the Hyatt Regency Lake Tahoe with fellow ABI members (and some light refreshments)! You’ll get some laughs, some great networking and, best of all, a full hour of ETHICS! The $75 fee includes round-trip transportation and CLE credit. The motor coach will leave Reno Airport on Thursday, September 10, at 2:30 p.m. and arrive at the Hyatt Regency Lake Tahoe at approximately 3:30 pm. The return motor coach will leave the Hyatt on Saturday, September 12, at 1:00 p.m., with arrival at Reno Airport at approximately 2:00 p.m. Please plan your flight accordingly.

Golf Tournament at Incline Village PGA Championship Course Sponsored by Administar Services Group LLC and Union Bank of California, NA

Thursday, September 10, 8:30 a.m. (bus to depart Hyatt at 7:15 a.m.)

Set along the south shore of beautiful Lake Tahoe, Edgewood Tahoe Golf Course is one of the most scenic golf courses in the world. Designed by George Fazio and opened in 1968, Edgewood is rated by Golf Digest Magazine as one of “America’s Top Golf Courses.” Challenging yet fair, this course offers stunning views of Lake Tahoe. The $195 fee includes round-trip transportation from the Hyatt, greens fees, cart rental, prizes and lunch at Brooks Golf Bar and Deck, Golf Digests’s “Best 19th Holes in America” for 2008.

Charter Fishing

Thursday, September 10, 11:00 a.m.-4:00 p.m.

The sport-fisher crafts used are designed specifically for Lake Tahoe and equipped with the latest in electronics and fishing gear. The crew will ably assist you and share their expertise as you enjoy deeplining for Mackinaw and top-lining for Rainbow and Browns. Some “record” catches during the past 40 years include Mackinaws over 30 pounds, along with trophy Rainbows over 11 pounds and Browns. This is your opportunity to view spectacular Lake Tahoe and the surrounding Sierra terrain as it can only be seen from the water. The $150 fee includes transportation, lunch and beverages. Please mark the appropriate box on the registration form.

2009 Presidential Partner

West is well known for its comprehensive collection of practice and analytical research tools, helping practitioners stay current on the latest bankruptcy changes. Foremost in its collection is the Norton Bankruptcy suite of publications. Highly regarded for its forward-looking analysis from over 100 leading bankruptcy authorities, the Norton materials can guide any practitioner through the complexities of bankruptcy reform. ABI members are eligible for a 20% discount off new subscription prices for selected West bankruptcy publications. Use promotion code 557651 when checking out at our store, www.west.thomson.com/bankruptcy.


Early-riser Tahoe Shoreline Hike

Tour de ABI: Tahoe Style

Friday, September 11, 6:00-8:00 a.m.

Saturday, September 12, 6:30 a.m.

East-coasters ready to rise early can get a great hike in and watch the spectacular sunrise in Tahoe! This easy hike along Nevada’s shoreline covers four miles with a vertical climb of 300 feet. The trail drops to the beach, passing Chimney Beach, Secret Harbor and Whale Beach. The cost for this hike is $25 per person and includes round-trip transportation, energy bars and beverages. As it is chilly in Tahoe in the early morning, long pants and fleeces are recommended. Please mark the appropriate box on the registration form.

Up at 6:30 a.m. with nothing on TV but CNN and bad infomercials? Make no excuses and join your fellow ABI attendees on a self-guided bike tour of beautiful Lake Tahoe. The cost is $45 per person and includes bike rental and energy bars to get your day going! Brisk Tahoe mornings mean long pants and fleeces; please pack appropriately! Mark the appropriate box on the registration form if you would like to participate in this healthy morning ride!

Squaw Valley Tram Ride

Saturday, September 12, 1:30 p.m.

Friday, September 11, 1:00 p.m.

Catamaran Cruise on Lake Tahoe

Home to the Winter Olympics in 1960, Squaw Valley

is one of the largest and most high-concept ski areas in the United States. Enjoy a unique mountaintop experience at an elevation of 8200’, starting with a scenic Cable Car trip to High Camp, where you may enjoy breathtaking views of Lake Tahoe and the High Sierras. This tour, departing from the Hyatt, includes access to shopping, hiking and ice skating on your own. The cost for this tour is $85 per person; please mark the appropriate box on the registration form.

2009 Executive Partners

Network, relax and unwind after the conference on this 2-hour catamaran tour leaving from the docks of the Hyatt. Sail aboard the 55’ catamaran with an experienced captain and crew! Cruise includes beer, white wine, soda, water and light hors d’oeuvres. The cost is $60 per person; please mark the appropriate box on the registration form, and pack a warm jacket and rubber-soled shoes!


Welcome to the 2009 Complex Financial Restructuring Program (Separate registration) In the sixth year of an exciting new format and location, the 2009 ABI Investment Banking Committee presents the Complex Financial Restructuring Program. The Program offers a unique approach to understanding the role of investment bankers and financial advisors in insolvency and restructuring. A case study will be presented to dramatize the various perspectives of parties-in-interest as they examine strategic alternatives and seek the highest value for a troubled company. Registrants will receive the case study in advance (by e-mail). Leaders in the industry will play the role of the major constituents as they work through the case study in this day-long program. We hope you will join us for this year’s ABI Complex Financial Restructuring Program.

For more information, visit www.abiworld.org/CFRP09

2009 Complex Financial Restructuring Program Sponsors AlixPartners LLP Conway MacKenzie, Inc. CRG Partners Gibson Dunn & Crutcher Greenberg Traurig, LLP

Haynes and Boone, LLP KPMG Corporate Finance LLC Lazard Milberg LLP Moelis & Company

Morris, Nichols, Arsht & Tunnell LLP Proskauer Rose LLP SSG Capital Advisors

2009 Complex Financial Restructuring Program Co-Chairs Lorie R. Beers KPMG Corporate Finance LLC; New York

Kathryn Anne Coleman Gibson, Dunn & Crutcher LLP; New York

2009 Complex Financial Restructuring Program Thursday, September 10 2:00-6:00 p.m. ABI Registration Desk Open

6:00-8:00 p.m.

9:15-10:00 a.m. Senior Lender Perspective

10:00-10:15 a.m. Coffee Break

Opening Reception

10:15-11:00 a.m.

Friday, September 11

11:00-12:15 p.m.

7:30-8:00 a.m. Networking Breakfast

8:00-8:10 a.m. Welcome & Introduction Lorie R. Beers KPMG Corporate Finance LLC; New York Kathryn Anne Coleman Gibson, Dunn & Crutcher LLP; New York

8:10-8:30 a.m. Introduction of AmGyp, LLC A brief overview of the company, including its capital structure and some additional assumptions and considerations following AmGyp’s default on its Senior Loan Facility.

8:30-9:15 a.m. Management and the Company’s View

Noteholders’ Perspective Parochial Interests

12:30-1:15 p.m.

Networking Lunch

1:15-2:00 p.m.

Luncheon Keynote by Jerry Nickelsburg, Ph.D. Senior Economist, UCLA Anderson Forecast

2:00-3:15 p.m.

Chapter 11 Filing

3:15-3:30 p.m.

Refreshment Break

3:30-4:00 p.m.

Voting on the Plan and Rationale

4:00-5:00 p.m.

Confirmability and Observation: Are There Alternatives to Filing for Chapter 11?


Complex Financial Restructuring Program Faculty Lorie R. Beers KPMG Corporate Finance LLP; New York Kathryn Anne Coleman Gibson, Dunn & Crutcher LLP; New York Robert J. Dehney Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del. Jared Dermont Moelis & Company; New York Judith Elkin Haynes and Boone, LLP; New York Ramona D. Elliott Executive Office for U.S. Trustees; Washington, D.C. Holly Felder Etlin AlixPartners LLP; New York Eric Fromme Gibson Dunn & Crutcher LLP; Irvine, Calif.

Jonathan M. Landers Milberg LLP, New York Nancy A. Mitchell Greenberg Traurig, LLP; New York J. Blake O’Dowd Lazard; New York William K. Snyder CRG Partners Group LLC, Dallas Mark K. Thomas Proskauer Rose LLP; Chicago J. Scott Victor SSG Capital Advisors; West Conshohocken, Pa. John Young Conway MacKenzie, Inc.; Houston

2009 SWBC & CFRP Conference Information Conference Hotel

Discover an alpine paradise at Hyatt Regency Lake Tahoe Resort, Spa & Casino. Nestled within the Sierra Mountain Range, the stunning locale of this Four Diamond hotel is the ideal setting for year-round pampering. ABI has arranged a special conference rate of $275 per night. Reservations must be made directly with the resort by August 7, 2009. To secure the reduced rate, reservations may be made only once you have registered with ABI. Upon payment of the conference registration fees, you will receive hotel reservation information with your conference confirmation. Rooms are held on a first-come, firstserved basis. ABI cannot guarantee any rooms after the specially rated ABI block is filled. The Hyatt Regency Lake Tahoe offers complimentary shuttle service to Incline Village, where you will find is a variety of shops and restaurants. More information can be found on ABIWorld at www.abiworld.org/SW09.

Transportation

Air: Fly into Reno/Tahoe International Airport (RNO). Discounted air travel is available through American Airlines. For fare and schedule information and to make reservations, please visit www.aa.com or call American Airlines Meeting Services at (800) 433-1790 and use promotion code A8499AA.

Ground: Avis car rental discounts are available using the Avis Worldwide discount number (T312999). Call (800) 458-9383 or book online at www.avis.com.

Conference Attire

Attire is casual throughout the conference.

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by August 14, 2009. No refunds will be honored after August 14, but substitutions will be allowed.

Continuing Education

Approval for approximately 9 hours of CLE credit is available, including 1.5 hour of ethics. CPE credit is also available; mark the appropriate box on the registration form. California MCLE—ABI certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 9 hours.

CFRP Program

Approval for approximately 6.5 hours of CLE credit is available. CPE credit is also available. *ABI offers intermediate- to advanced-level courses, which have no prerequisites for attendance. ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN 37219-2417, or www.nasba.org. For more information regarding administrative policies such as complaint and refund, please contact the American Bankruptcy Institute at (703) 739-0800. ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, we may allow the individual to work at our registration area for a few hours during attendee check-in, or assist in conference set-up. ABI also has reduced rates for government employees, professors, law clerks and students. For information on tuition assistance, send an e-mail to jdugas@abiworld.org.

Attorney Specialist Certification

The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at the Hyatt Regency Lake Tahoe on Thursday, September 10, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing certification@abcworld.org or by visiting the ABC Web site at www.abcworld.org. ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.


Up to 9 hours of CLE/CPE credit, including 1.5 hours of ethics, are available!

44 Canal Center Plaza Suite 400 Alexandria, VA 22314

September 10 ~ 12, 2009 Hyatt Regency Lake Tahoe Resort, Spa & Casino Incline Village, Nevada

register online at

September 10 ~ 11, 2009 See inside for details on this in-depth one-day financial restructuring program

6th ANNUAL Complex Financial Restructuring Program

www.abiworld.org/SW09 www.abiworld.org/CFRP09

17th Annual SouthWest Bankruptcy Conference


Thursday, September 10

Friday, September 11

9:00 a.m.-5:00 p.m.

8:00-9:30 a.m.

American Board of Certification Exams

The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams. Details on the certification process, exam composition and sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing certification@abcworld.org or by visiting the ABC Web site at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association. American Board of Certification Exams Thursday, Sept. 10, 9:00 a.m.-5:00 p.m. at the The Hyatt Regency Lake Tahoe Resort, Spa & Casino Call (319) 365-2222 or e-mail certification@abcworld.org for details. o Consumer Bankruptcy Exam o Business Bankruptcy Exam o Creditors’ Rights Exam ($125 exam fee)

o Plenary Session: Great Debates

9:45 a.m.-11:00 p.m. Concurrent Sessions (4) (please select only one) o Current Developments (Consumer) o Ethics—Walking in the Grey Areas: Advising Clients and Avoiding Pitfalls in Ethically Unsettled Areas o Evidence/Litigation Skills o The Contested Confirmation: Traps, Potholes and Strategies (Tricks?) in a Cramdown

11:15 a.m.-12:30 p.m.

Concurrent Sessions (3) (please select only one) o Fraudulent Conveyance Claims: Offense and Defense o Technology Transformation: Are you Ready to Compete with the Current Technologies Being Used by Make check payable to American Board of Certification and return with this clipping to: American Board of Certification, Our Bench and Bar? The American Building, 101 Second Street SE, Ste. 904, Cedar o Bankruptcy Alternatives: Receiverships, Foreclosures Rapids, IA 52401. and Workouts: In Search of a Better Way

o Credit Card (Charge to account no. provided for conference.) A Short Form Application and fee ($495) are also required prior to the exam. Please go to www.abcworld.org if you have not submitted the application.

2:00-5:00 p.m.

o Optional Event: IWIRC Program (additional fees apply)

2:30-3:30 p.m.

o Optional Event: Round-trip Rolling Ethics CLE Multimedia Ethics Extravaganza with Prof. Nancy Rapoport from Reno Airport to the Hyatt Lake Tahoe (additional fees apply)

2:15-3:30 p.m.

Concurrent Sessions (3) (please select only one) o Who is Still Eligible for Bankruptcy Relief? Current Issues on the Means Test, Debt Limits, and Serial Filers o Understanding Cross-border Issues in a Restructuring Situation o Around Chapter 11 in 80 Days for Rapid Reorganizations or Liquidation

3:45-5:00 p.m.

Concurrent Sessions (2) (please select only one) o Residential Mortgages: Burning Down the House o Current Developments (Commercial) Repeat Concurrent Session (1) o Ethics—Walking in the Grey Areas: Advising Clients and Avoiding Pitfalls in Ethically Unsettled Areas

Saturday, September 12 8:30-10:15 a.m.

o Plenary Session: Hotcakes and Hot Topics

10:30 a.m.-12:00 p.m.

o Plenary Session: Understanding Capital Markets


17h Annual Southwest Bankruptcy Workshop Registration Form

Complete this registration form, make check payable to American Bankruptcy Institute and return to: ABI, P.O. Box 34709 Alexandria, VA 22334-0709, ATTN: SW09. Credit card payments can be faxed to (866) 921-1027. Register online at www.abiworld.org/SW09.

Name _______________________________________________ Title _ _______________________________________ Firm/Company ________________________________________ Address ______________________________________ City_________________________________________________ State _________ Zip __________________________ Phone ______________________Fax ______________________ E-mail _______________________________________

1. SWBC Conference Rates*

Early Bird (postmarked by 6/26/09) ABI/Member o $545 Gov’t/Academic/Nonprofit o $345 Non-Member** o $795 Gov’t/Academic/ Non-Member** o $440 Exhibitor o $1,600 Exhibitor/ Non-Member** o $1,875 Extra Booth Represenative o $300

2. CFRP Conference Rates* ABI/Member ABI Government / Academic Member Government / Academic Non-member** Non-Member**

Regular

Late

(6/27/09-8/14/09)

(after 8/14/09)

o $595 o $395 o $845 o $490

o $645 o $445 o $895 o $540

Early Bird

Regular

* Registration rates include: • Opening Reception • Breakfasts • Friday Lunch • ABI Happy Hour • All refreshment breaks • Written materials and CD-Rom ** Includes one-year ABI Membership ($275 value) for new members only

Late

(postmarked by 6/26/09)

(6/27/09-8/14/09)

(after 8/14/09)

o $495 o $195 o $290 o $745

o $545 o $245 o $340 o $795

o $595 o $295 o $390 o $845

3. Continuing Education Credit

o CLE/CPE Credit State(s) ____________________________ Bar No. _____________________________ (circle one)

4. ABI Annual Membership Renewal (Optional) Regular o $275

$ ________

Govt./Academic/Nonprofit

o $95 $ ________

5. Guest Information (If Applicable) Guest 1 Name _______________________________ Guest 2 Name ______________________________ (Please attach additional page if more than 2 guests.) ABI defines a “guest” as a spouse, child or companion–not a professional colleague. If a professional colleague is found to be registered as a guest, ABI reserves the right to cancel his or her event registration. Any person not meeting the criteria of “guest” who wishes to participate in any ABI function at the conference is required to register separately at the full conference rate.

6. Optional Events

Price

Self

Guest 1

Guest 2

Guest 3

Golf Tournament $195 o o o o Handicap(s) Rolling CLE: Round-trip $75 o o o o Transportation from RNO to Hyatt IWIRC Program (Thursday, Sept. 10, 2:00-5:00 p.m.) $95 o o o o Opening Reception * o* Opening Reception Guest $50 o o o Charter Fishing $150 o o o o Tahoe Shoreline Hike $25 o o o o Squaw Valley Tram Ride $85 o o o o ABI Happy Hour * o o o o ABI Happy Hour Guest $40 o o o Tour de ABI: Tahoe Style $45 o o o o Catamaran Cruise $60 o o o o * No cost to registrant. Please attach additional page if more than 3 guests.

Subtotal

________ ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ $ ________

7. ABI Going Green

o If you would like to receive the educational materials only in CD-Rom format, please check this box.

8. Payment TOTAL $______________

www.abiworld.org/SW09 or www.abiworld.org/CFRP09

o Check payable to American Bankruptcy Institute enclosed. o e o

y

ow

Acct. No. _______________________________________________________________________Exp. Date _ __________ Signature __________________________________________________________________________________________


2009 Southwest Bankruptcy Conference