2018 Annual Report

2018 AMERICAN BANKRUPTCY INSTITUTE

ANNUAL REPORT

2018 - 2019 AND

E VENT-PLANN ING CALENDAR

2018

CONTENTS 4 What we believe and know: A report to ABI’s members and our community 6 Remarks from ABI President Edward T. Gavin 8 Financial performance: Solid and sound 10 Look to abiLIVE for topical distance-learning webinars and free CLE

Edward T. Gavin

Alane A. Becket

Jeffrey N. Pomerantz

Samuel J. Gerdano

President

President-Elect

Board Chairman

Executive Director

12 ABI expands its global reach 14 ABC observes strong demand for certified specialists 16 New ABI books offer robust content 18 Identifying insolvency’s next generation of leaders 20 A quick look at some of the names and faces from 2018 events 22 Rochelle’s Daily Wire: Exclusive to ABI members 24 Insolvency information powerhouse: Generating discussion, influencing opinion 26 Helping the next generation with CARE 28 “Eye on Bankruptcy” finishes season four 30 Committees: The best way to demonstrate leadership and get involved 32 2018 American Bankruptcy Institute supporting partners 34 The ABI Endowment: More than $2.5 million in research grants and scholarships awarded 36 2018 • 2019 ABI Board of Directors

What We Believe and Know: A Report to ABI’s Members and Our Community Samuel J. Gerdano ABI Executive Director

Members are the lifeblood of any professional association.

It’s no different for ABI, the largest organization of bankruptcy and insolvency professionals in Nearly 2,000 members viewed at least one episode of “Eye on Bankruptcy” during the past year, our monthly online program analyzing case law developments. the world.

There must be a return on investment for the time and resources our members and strategic Volo, our Court of Appeals summary service, reached 3,000 total cases summarized this year. partners devote to the organization.

The Opinions section of our website now contains more than 20,000 bankruptcy case summaries The business of bankruptcy and restructuring is in the midst of a sustained period of disruption. from all courts.

This year, ABI engaged a prominent strategic-planning firm to conduct research to develop an More than 8,500 professionals from around the world subscribe to ABI’s Daily Global Headlines. actionable and future-focused plan forward, to ensure that ABI is well-positioned to serve its ABI was cited in the press more than 3,000 times during the past year. members and our community today and for years to come.

A national survey of members and non-members associated three “best in class” qualities with The demographics of our community are changing, so we must identify the next generation of ABI — Professional, Informative and Educational — while suggesting ways for ABI to better leaders, and we must connect with and engage them. deliver on its mission.

ABI’s inaugural class of “40 Under 40” in 2017 set a high standard for recognizing excellence in The strategic planning process has renewed our purpose: to help members thrive, not just survive, our diverse community, and our second class of honorees sustains this level. in the marketplace by raising awareness among various segments of our community.

Our tradition of thought leadership is demonstrated through the continued importance of the Nearly 7,000 members attended ABI’s continuing legal education programs, both live and online, Report of the Commission to Study the Reform of Chapter 11, on which the U.S. Senate held hearings during 2018, and from which legislation will emerge in 2019. during the past year.

Almost 5,000 members subscribe to Rochelle’s Daily Wire to receive insights on the latest judicial The parallel Commission on Consumer Bankruptcy will report its comprehensive findings in 2019. opinions, and Bill Rochelle has now analyzed nearly 1,000 cases for our members.

As always, we invite all members to get involved in our work.

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2018 WEDNESDAY

THURSDAY

FRIDAY

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SUNDAY Daylight-Saving Time Ends

1 5 14th Annual Hon. Steven W. Rhodes Consumer Bankruptcy Conference Somerset Inn Troy, MI

Election Day 8th Mid-Level Professional Development Program Skadden, Arps, Slate, Meagher & Flom LLP New York, NY

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Cross-Border Insolvency Program Dentons US LLP, Midtown Manhattan New York, NY

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2 15th Annual Corporate Restructuring Competition Gleacher Center University of Chicago Chicago, IL

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abiLIVE: What You Need to Know About Hospitality Industry Restructurings Online Webinar 1:00-2:15 p.m. ET

Thanksgiving

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Remarks from ABI President Edward T. Gavin

Edward T. Gavin ABI President Gavin/Solmonese LLC Wilmington, DE

When I accepted the gavel at the 2018 Annual Spring Meeting, signifying the start of my term as ABI’s President, I spoke about a few things having to do with my vision for ABI. First was a strategic planning process that the organization has undertaken. ABI’s staff and volunteer leadership have an obligation to our members around the globe – present and future – to understand and design the very best services and opportunities for them. To understand how changes in our industry shape what you need from ABI, so the organization can always be a leader in meeting our members’ needs today and tomorrow.

The Legislative Affairs group has partnered with ABI’s Legislation Committee to consider pending legislation such as the HAVEN Act, which proposes to remove veterans’ disability benefits from the calculation of income under the means test. The committee will also, as of this writing, be sending representatives to a meeting of the Judge Advocate General’s Corps in conjunction with an American Bar Association meeting in early 2019.

The other initiative I spoke of was the creation of the ABI Task Force on Veterans’ and Servicemembers’ Affairs. Those who have served are treated less favorably under the U.S. Bankruptcy Code than those who haven’t, and veterans and servicemembers face different challenges in dealing with personal debt issues that civilians don’t encounter. For these reasons, I committed the talents and expertise of ABI’s volunteers to researching and proposing solutions for these problems. The Task Force, under the leadership of former ABI Presidents John Ames and John Penn and two-time ABI Resident Scholar Jack Williams, has assembled more than two dozen enthusiastic volunteers from ABI membership as well as from the public sector. None of this would go as smoothly as it has been without the support of the Task Force’s Reporter, Prof. Nancy Rapoport. Prof. Rapoport was one of the Reporters for the Ethics Task Force and is having a great impact on how effectively things are running.

support organizations to assess the current state of things. The group has established a relationship with the American Legion and is examining what state bar associations are doing for veterans (like Illinois, whose state bar has a veterans hotline).

I’m proud of what our members are doing with the Task Force, as well as what they do every day: contributing their time and expertise to ABI, The Tribal Affairs committee has had discussions making ABI better for all of its membership. I with the Attorneys General of the Five Nations can’t wait to see what that brings in 2019 and in Oklahoma, the American Indians Veterans’ beyond.

Association and the Native American Veterans’ Association, all of whom are supportive of the Task Force’s work and some of whom are exploring partnerships with the group.

The Financial Education & Counseling Committee established a relationship with CARE, and Retired Bankruptcy Judge Mary Grace Diehl, a CARE Volunteer of the Year and ABI Board member, has been named liaison between the Task Force and CARE. Providing The group has formed committees focused financial-literacy education to servicemembers on Legislative Affairs, Financial Education & could open new doors for CARE, both in terms Counseling, Outreach, Pro Bono matters and of relevance and support.

Tribal Affairs (Native Americans are, as a group, The Outreach Committee has established overrepresented in the U.S. Armed Forces – over relationships with a number of groups to 50% generally and over 200% in the Marine determine what they are doing and how ABI’s Corps. The overrepresentation increases when efforts can be complementary. The committee only counting female members). These groups will be providing a questionnaire for veterans are already hard at work.

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2018 WEDNESDAY

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SUNDAY Hanukkah Begins at Sunset

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30th Annual Winter Leadership Conference Fairmont Scottsdale Princess Scottsdale, AZ

2 ABI/SJUSL 40Hour Mediation Training Program New York, NY

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Financial performance: Solid and Sound STATEMENT OF FINANCIAL POSITION

December 31, 2017

December 31, 2016

$205,726

$204,143

17,756,197

18,282,220

Accounts receivable, net

271,161

258,103

Prepaid expenses

399,997

416,320

Contributions receivable, net

120,418

178,316

ASSETS:

Michael L. Bernstein ABI Treasurer Arnold & Porter Kaye Scholer LLP Washington, DC

Cash Investments

Property and equipment, net

68,010

132,374

263,879

225,487

$19,085,388

$19,696,963

Accounts payable and accrued expenses

$1,798,827

$2,016,973

Deferred revenue

$2,397,529

$2,286,445

Total Liabilities

$4,196,356

$4,303,418

Undesignated

$5,811,422

$6,442,804

Board-designated endowment

$8,826,429

$8,643,361

$251,181

$307,380

Total Net Assets

$14,889,032

$15,393,545

Total Liabilities and Net Assets

$19,085,388

$19,696,963

Deposits and other Total Assets

Dear ABI Members: The American Bankruptcy Institute (ABI) has net assets of almost $15 million. ABI held cash and investments of about $18 million as of December 2017, of which $9 million constituted the Endowment Fund.

ABI maintains three funds — General Operating Funds, General Reserve Funds and the ABI Endowment Fund — and establishes and adheres to prudent guidelines for the reserve levels of the two General Funds. These guidelines are based on industry standards and recommendations from outside financial advisors. The ABI Endowment Fund will continue to be kept in a segregated account, and any expenditures of the principal of the Endowment Fund will continue to require a twothirds majority vote by the Board of Directors under the ABI bylaws.

LIABILITIES AND NET ASSETS LIABILITIES:

NET ASSETS:

In the annual audit of ABI by CliftonLarsonAllen LLP (CLA), an audit firm specializing in nonprofit organizations, ABI was issued an unqualified “clean report” in conformity with generally accepted accounting principles. The auditors found no matters involving internal controls and operations that were considered to be material Respectfully submitted, weaknesses. This was the 23rd straight year Michael L. Bernstein with a clean audit.

ABI Treasurer

Unrestricted

Temporarily restricted

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15th Annual Caribbean Insolvency Symposium Westin Grand Cayman Seven Mile Beach Resort & Spa Grand Cayman, Cayman Islands

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Disruption, Consolidation and Innovation in the Health Care Industry Georgetown University Law Center Washington, DC

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24th Annual Rocky Mountain Bankruptcy Conference Salt Lake City Marriott Downtown at City Creek Salt Lake City, UT

Martin Luther King, Jr. Day

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Look to abiLIVE for TOPICAL Distance-Learning webinars and FREE CLE ABI holds, on average, 12 webinars each year at no charge. Each webinar includes free CLE credit. Featuring a wide range of timely topics, abiLIVE webinars are a great way to stay current without leaving the office.

Sample topics include:

Drafting Settlement Agreements After Mediation

A Primer on Bankruptcy Jurisdiction

Bankruptcy vs. Offer in Compromise: Alternatives to Resolving Tax Debts

Cyberfraud Risks to Bankruptcy Trustees and Other Fiduciaries

Husky Aftermath: Where Do Things Stand with “Actual Fraud”?

Presenting Evidence in Bankruptcy Court: Tips and Best Practices

What Happens in Mediation, Stays in Mediation ... or Does It?

Through ABI’s eLearning Center, members can access past webinar recordings for free, as well as over 100 hours of CLE credit @$25/hour.

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Groundhog Day

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43rd Annual Alexander L. Paskay Memorial Bankruptcy Seminar Embassy Suites by Hilton Tampa Downtown Convention Center Tampa, FL

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Presidents’ Day The Walter Shapero Moot Court Competition and Symposium U.S. Bankruptcy Courthouse • Detroit, MI

Complex Financial Restructuring Program (Feb. 27)

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VALCON 2019 (Feb. 27-March 1) Four Seasons Las Vegas Las Vegas, NV

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ALSO ON THURSDAY FEBRUARY 28TH *

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ABI expands ITS global reach

International Insolvency & Restructuring Symposium

Cross-Border Insolvency Program

Dentons US LLP, Midtown Manhattan New York

Rosa Grand • Milan, Italy

October 17-18, 2018

November 7, 2O18

The 4th Edition of ABI’s European Union Regulation on Insolvency Proceedings was released in the summer and provides a comprehensive introduction to the EIR Recast.

An ABI Conference Meets with a Hurricane

ABI’s 2018 Caribbean Insolvency Symposium had been all set for January 2018 in Puerto Rico. Then, on September 20, 2017, Hurricane Maria slammed into the island territory, knocking out power for months, destroying scores of homes and businesses, and ultimately killing nearly 3,000 people.

The resulting damage to the symposium’s host hotel caused the annual conference to be cancelled for the first time. ABI members quickly rallied to help those affected by the disaster and arranged two fundraisers in its place: a cocktail reception on February 1 in Miami, with proceeds donated to the Puerto Rico Recovery Fund, and an ABI Endowment Fund event on April 4 in New York to benefit the Mariano Rivera Foundation.

Thanks to the generosity of ABI members, a combined $100,000 was raised to help those in need.

ABI Endowment Fund & Mariano Rivera Foundation Benefit for Puerto Rico New York Athletic Club • New York

April 4, 2018

Caribbean Insolvency Symposium Westin Grand Cayman Grand Cayman • Cayman Islands

January 7-9, 2O19

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VALCON 2019 Four Seasons Las Vegas Las Vegas, NV

27 27th Annual Conrad B. Duberstein Gala and Awards Reception Gotham Hall New York, NY

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27th Annual Conrad B. Duberstein Bankruptcy Moot Court Competition Duberstein Courthouse New York, NY

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27th Annual Bankruptcy Battleground West Montage Beverly Hills Beverly Hills, CA

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APRIL 2019

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ABC observes strong demand for certified specialists

The American Board of Certification (ABC) is the nation’s premier legal specialty certification organization, certifying attorneys as specialists in business bankruptcy, consumer bankruptcy and creditors’ rights law. The ABC serves the public interest by allowing potential clients to make an informed decision in selecting bankruptcy and creditors’ rights counsel. ABC certification encourages attorneys to strive toward excellence and recognizes those attorneys who have met the ABC’s rigorous standards. The ABC is sponsored by ABI and the Commercial Law League of America (CLLA), and all three ABC certification programs are accredited by the American Bar Association and many states. ABC certification is available to all qualified attorneys without regard to membership in ABI or CLLA. The ABC continues to see strong demand for certified specialists from the public. The ABC website, www.abcworld.org, is continuously being updated and improved, with the most recent changes designed to make it easier

for attorneys to complete applications for certification (and recertification). The American Bankruptcy Institute has an ABC Prep Course designed specifically to assist certification applicants with exam study. The course is available to ABI members for $295 at www. abi.org/abcprep. There are also six hours of CLE credit available when an applicant takes the course. For further information, contact the American Board of Certification toll-free at (877) 365-2221.

2019 American Board of Certification Leadership

2O19 Exam Schedule ABC Exams are held in conjunction with several ABI conferences.

2019 exam dates are as follows:

Date

City

Event/Location

January 23, 2019

Salt Lake City, UT

ABI Rocky Mountain Bankruptcy Conference Salt Lake City Marriott Downtown at City Creek

April 11, 2019

Washington, DC

ABI Annual Spring Meeting Marriott Marquis

August 1, 2019

Hershey, PA

ABI Mid-Atlantic Bankruptcy Workshop Hotel Hershey

• J. Scott Bovitz, Chair Bovitz & Spitzer; Los Angeles, CA

• Robert C. Furr, President

October TBD, 2019 Kansas City, MO

• Kirk B. Burkley President-Elect & General Counsel

December 5, 2019

Furr Cohen, P.A.; Boca Raton, FL

Bernstein-Burkley; Pittsburgh, PA

• Patricia B Fugée, Treasurer

ABC Stats:

FisherBroyles, LLP; Perrysburg, OH

Rancho Palos Verdes, CA

ABI/UMKC Midwestern Bankruptcy Institute Location TBD ABI Winter Leadership Conference Terranea Resort

ABC has more than 700 certified members nationwide and in Puerto Rico, including 35 bankruptcy judges.

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37th Annual Spring Meeting Marriott Marquis Washington, DC

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NEW ABI BOOKS OFFER ROBUST CONTENT ABI’s Communications Department continues to produce books on a range of topics, including new editions of ABI’s Quick Evidence Handbook and Consumer Bankruptcy: Fundamentals of Chapter 7 and Chapter 13 of the U.S. Bankruptcy Code.

Available at a convenient online shop — store.abi.org — and on site at various conferences, ABI’s books provide vital information to business and consumer practitioners, financial advisors, turnaround specialists, and others in the bankruptcy and insolvency field.

Many of the books are included in related money-saving bundles, and most are also available in digital format, which can be added to a print purchase or bought separately.

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13th Annual Credit & Bankruptcy Symposium Mohegan Sun Resort Uncasville, CT

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21st Annual New York City Bankruptcy Conference New York Hilton Midtown New York, NY

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Identifying insolvency’s next generation of leaders In 2017, ABI launched an exciting new initiative to identify and honor 40 rising stars under the age of 40 in the bankruptcy and insolvency industry.

January 2018 • Vol. XXXVII, No. 1

The Essential Resource for Today’s Busy Insolvency Professional

page 12

On the Inside

Second Circuit Sets Interest Rate Standard page 44

By Oscar Pinkas and Lauren Macksoud

Are Student Loans No Longer the “Third Rail” of Bankruptcy? page 56

By Elizabeth Lamphier

Winter Leadership Conference Photo Gallery page 68

More than 300 men and women were nominated, representing a remarkably diverse mix of race, gender, location, profession and firm size.

The inaugural 2017 Class continues to forge ahead in the insolvency industry, and more than 85 percent have since taken on active roles in ABI this past year: • One was appointed as a bankruptcy judge.

• Nine had speaking roles at ABI’s 2018 Annual Spring Meeting in April in Washington, D.C. • Five were invited to join advisory boards for regional ABI programs.

• Several had speaking roles at ABI’s VALCON conference in May 2018.

• Several have had speaking roles on ABILive webinars.

• The editors of the 2017 Best of ABI book series are both honorees.

• Ten participated in the planning of ABI’s Mid-Level Professional Development Program (November 2018).

• One co-chaired a joint Canadian Bar/ABI program (June 2018).

• One co-chaired ABI’s Caribbean Insolvency Symposium (February 2018).

• One co-authored the cover story in the February issue of the ABI Journal.

• Four became ABI Journal associate editors.

• One became a member of ABC’s Board of Directors.

• Three became active members of ABI’s Consumer Bankruptcy Committee.

• Several have taken on new leadership positions in other ABI committees.

Building on that success, the 2018 pool of nominees — 330 in all — represent 178 firms and include individuals from the United Kingdom, Canada, Greece and the Cayman Islands.

This year’s winners will receive their awards at the 2018 Winter Leadership Conference in Scottsdale, Ariz., Dec. 6-8, 2018.

As part of that ceremony, the honorees will hear a presentation by Molly Bloom, whose story was the subject of the movie Molly’s Game.

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Flag Day 26th Annual Central States Bankruptcy Workshop Grand Traverse Resort & Spa Traverse City, MI

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JULY 2019

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A quick look at some of the names and faces from 2018 events

1) Jim Stang (Pachulski Stang Ziehl &

Jones) presented at the Annual Meeting on the timely topic of

#MeToo claimants in the Weinstein Company case.

2)

Former judge Gene Wedoff (left) passed the gavel to new President Ted Gavin (Gavin/Solmonese) at the 2018 AnnualSpring Meeting.

3) ABI’s in-house tech guru Karim Guirguis told a rapt audience about new technology tools available to help bankruptcy pros better serve clients.

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4) Illusionist Drew Thomas and crew amazed attendees at the Winter Conference Final Night Dinner.

5) Randa Karambelas (right) spoke on use of claims mediation in health care cases with Nancy Valentine, Judge Ben Kahn and Liz Green (r-l).

6) ABI’s rooftop overlooking the Potomac River is a popular venue for networking events.

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7) Early-morning Fun Runners assembled before they hit the trail in the crisp desert air at the LaQuinta Resort during the Winter Conference.

8)

Students from the University of Alabama Law School prevailed over 35 other schools at the 26th Annual Duberstein Moot Court Competition.

9) The 2018 Annual Spring Meeting featured a panel on the Most Important Bankruptcy Decisions.

10) Attendees and families enjoyed the Taste of Hershey dinner at the Mid Atlantic Workshop.

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11) A group of ABI’s distinguished past presidents posed on stage during the 2018 Annual Meeting.

12) Guests at the Southeast Workshop experienced the beauty of a sunset dinner at Amelia Island, Florida.

13) Comedian Jim Belushi kept the crowd laughing at the Annual Spring Meeting Final Night Dinner.

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14) Another group of health-conscious runners got ready to take on the historic sites of Washington, D.C. during the Annual Spring Meeting.

15) Judge Robert Drain (S.D.N.Y.) made a point during an interactive session with attendees.

16) Leaders from the legal tech world explained why AI matters to the future of bankruptcy practice.

17) Sen. Elizabeth Warren (center) was among the dignitaries at an ABI sponsored salute to the career of Prof. Jay Westbrook (right). The two contibuted a regular column to the ABI Journal for several years.

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Rochelle’s Daily Wire: Exclusive to ABI Members As of late September 2018, Bill Rochelle, ABI’s Editor-atLarge, has analyzed over 950 opinions of some 550 judges.

Between 2016 and 2017, page views nearly doubled, from 74K to 132K. Each “Daily Wire,” delivered by email, has a very high open rate (52.71%), with about a third of users sharing content, and it has gained a substantial and loyal following, particularly among the judicial community.

There are rumors that some bankruptcy judges boast proudly of being “Rochelled” — i.e., of having their decisions be the subject of Bill’s features. An RDW article from April 25, 2018, “Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit,” was twice cited in a petition for a rehearing en banc in the case of In re Taggart. Many judges echo the sentiments stated in a recent note from U.S. Chief Bankruptcy Judge Janice D. Loyd (W.D. Okla.): “I enjoy reading your daily reviews of cases. It is how I start each morning, actually.”

Bill has also recorded video segments on new Supreme Court matters and has been active in public speaking at both ABI and industry events, such as the Jay Westbrook Seminar, the American College of Bankruptcy in Kansas City, the Southern District of Texas Bar and the Southeast Bankruptcy Law Institute.

He was honored in 2018 with ABI’s Annual Service Award, presented during April’s Annual Spring Meeting.

Rochelle’s Daily Wire is available free to all ABI members.

Sign up to receive it daily at connect.abi.org/rdwsignup.

Rochelle’s Daily Wire by the Numbers* Total Cases Analyzed: Commercial Cases: Consumer Cases: Circuit Split Cases: Supreme Court Cases: Total Judges Covered:

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950 224 287 30 33 550 *As of 9/12/2018.

Bill received the Annual Service Award in 2018 from ABI President Gene Wedoff.

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2019

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insolvency information powerhouse: generating discussion, influencing opinion The ABI Law Review, the ABI Journal, the website and more: drawing attention, driving the conversation Although ABI is not an advocacy organization, it remains a valuable and respected resource for news and information that often drives the national conversation on matters related to bankruptcy and insolvency. An article in the ABI Law Review was cited by the U.S. Court of Appeals for the Second Circuit. Several bankruptcy judges have made reference to recommendations made in ABI’s Commission to Study the Reform of Chapter 11 — and the Commission’s report continues to generate discussion on Capitol Hill. The ABI Journal remains ABI’s flagship publication, producing widely

discussed articles on the Puerto Rico debt crisis, turmoil in the health care and retail industries, and key recent Supreme Court decisions such as Jevic. ABI’s online presence also provides vital, up-to-the-minute information for both members and outside parties, including a dedicated site for developments on Puerto Rico.

: The Appellate Standard of Review in Attempting to Spot an Insider page 12

By Joseph L. Schwartz and Tara J. Schellhorn

Annual Spring Meeting Photo Gallery page 48

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4th Annual Midwest Regional Bankruptcy Seminar

Aug. TBD, 2019

Cincinnati

HELPING The Next Generation with CARE

Retired Bankruptcy Judge Mary Grace Diehl (right) received CARE’s first Lifetime Achievement Award, presented by Board Chair Lynn Tavenner (Tavenner & Beran, PLC), for her years of service to CARE.

CARE’s year began with a major restructuring of its board of directors. The board voted to divide into two groups: a Governing Board and an Advisory Board.

Members of the Governing Board include private law firm representatives and corporations. The Advisory Board is comprised of bankruptcy court judges and individuals representing nonprofit organizations. The distinction was made for fundraising purposes; fundraising is now the primary responsibility of the Governing Board.

CARE’s first Lifetime Achievement Award was presented to Hon. Mary Grace Diehl (ret.) at CARE’s annual Financial Literacy Celebration to recognize her many years of volunteer service to the CARE Atlanta Chapter. The event was held in conjunction with ABI’s Annual Spring Meeting in Washington, D.C. The Volunteer of the Year, Rising Star and Chapter of the Year awards were presented at a reception at the Winter Leadership Conference in Scottsdale, Ariz.

CARE continued to grow with the creation of 15 new chapters across the country and now has a presence in 37 states. CARE’s growth would not be possible without its many dedicated volunteers across the country, its boards of directors and the support of the American Bankruptcy Institute.

Below is a complete listing of CARE’s Executive Committee, the Governing Board and the Advisory Board.

CARE’s Education Committee developed a new The “WeCARE” fundraising campaign concluded in educational presentation, “The Road to Financial the spring and raised more than $80,000. CARE also Independence.” The presentation covers all three of held two successful fundraising receptions this year and CARE’s core subject areas, is available in English and started a recurring donor campaign.

Spanish, and can be accessed online on CARE’s website, care4yourfuture.org.

CARE Executive Committee Chair: Lynn Tavenner

Vice Chair: Jarad Winget

Treasurer: Allen Guon

Secretary: Patrick Clisham

At Large: Edward M. King

David Bird

Sam Gerdano

Mark McElroy

Jeff Pomerantz

Lynn Tavenner

Patrick Clisham

Allen Guon

Jennifer Mercer

Joe Schorer

Jarad Winget

A CARE Kentucky volunteer presented “The Truth About Credit” to students.

Tavenner & Beran, PLC

Winsite Digital

Fox Rothschild LLP

Engelman Berger PC

Frost Brown Todd LLC

CARE Governing Board

Strategic Alternative Services, LLC

Engelman Berger PC

ECMC Group Inc.

Dan Fisher

American Bankruptcy Institute

Fox Rothschild LLP

Frost Brown Todd LLC

TransUnion

Edward M. King

Donlin, Recano & Company, Inc.

East West Bank

Victor J. Owens

Pachulski Stang Ziehl & Jones LLP

Kirkland & Ellis LLP

Gavin/Solmonese LLC

Joe Solmonese

CARE Advisory Board

CARE staff exhibited at the Jump$tart Coalition for Personal Financial Literacy’s National Educator Conference.

Don Blandin

Hon. Dennis Dow

Hon. Catherine Peek McEwen

Hon. Mildred Cabán

Lisa Hertzberg

Hon. John C. Ninfo II (ret.)

Investor Protection Trust

U.S. Bankruptcy Court (D. P.R.)

U.S. Bankruptcy Court (W.D. Va.)

Hon. Rebecca Buehler Connelly

U.S. Bankruptcy Court (W.D. Mo.)

National Consumers League

U.S. Bankruptcy Court (S.D. Cal.)

Hon. Margaret Mann

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U.S. Bankruptcy Court (M.D. Fla.)

Former U.S. Bankruptcy Court Judge and CARE Founder

Former U.S. Bankruptcy Court Judge

Hon. Karen Overstreet (ret.)

Tavenner & Beran, PLC

Winsite Digital

SEPTEMBER MONDAY

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2019 WEDNESDAY

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1 27th Annual Southwest Bankruptcy Conference Four Seasons Las Vegas Las Vegas, NV

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Bankruptcy 2019: Views from the Bench Georgetown University Law Center Washington, D.C.

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care4yourfuture.org

"Eye on Bankruptcy” FINISHES SEASON FOUR “Eye on Bankruptcy” is wrapping up its fourth season and continuing to stream hour-long monthly broadcasts that focus on the most significant current bankruptcy cases. This year, hosting duties were split between former ABI Resident Scholar Prof. Juliet M. Moringiello — the Commonwealth Professor of Business Law and director of the Business Advising Certificate Program at Widener University Commonwealth Law School — and ABI Editor-at-Large Bill Rochelle.

Airing on the last Thursday of every month, and basing discussions on materials drawn from ABI’s popular online column Rochelle’s Daily Wire, “Eye on Bankruptcy” is offered free to the bankruptcy community. For a modest administrative fee, viewers can also get CLE credit in approved states. Details and past episodes of the show can be found online at eyeonbankruptcy.com.

Featured guests have included James O’Neill (Pachulski Stang Ziehl & Jones) and Judge Rebecca Connelly (top); Judge Phillip Shefferly and John Demmy (left); and Jeffrey Cohen and Lillian Rizzo (bottom).

* CLE is available to ABI members residing in states that offer pre-approval.

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15th Annual International Insolvency & Restructuring Symposium

Oct. TBD, 2019

Paris

ABI/UMKC 39th Midwestern Bankruptcy Institute

Oct. TBD, 2019

Kansas City, Mo.

Committees: the best way to demonstrate leadership and get involved ABI’s committees are where young practitioners make their bones and seasoned professionals cement their reputations. ABI’s committees encompass a wide range of insolvency topics and allow volunteers to share their knowledge and experience with other members. Participation in committee activities is the most effective way to establish and build relationships with other members. All members are encouraged to join one or more committees, which can be done at committees.abi.org.

Asset Sales

Commercial and Regulatory Law

Ethics and Professional Compensation

Legislation

Secured Credit

Kutak Rock LLP • Richmond, Va. (804) 644-1700

Thompson Coburn LLP • St. Louis, MO (314) 552-6015

Concordia University School of Law • Boise, ID (208) 639-5468

Virginia Office of the Attorney General • Richmond, VA (804) 367-8270

Linowes & Blocher LLP • Bethesda, MD (301) 961-5275

Peter J. Barrett

Dawn M. Cica

Mushkin - Cica - Coppedge • Las Vegas, NV (702) 491-4377

Bankruptcy Litigation Ferve Emma Khan

BakerHostetler • New York, NY (212) 589-4269

Steven S. Flores

Togut, Segal & Segal LLP • New York, NY (212) 594-5000

Business Reorganization Dan B. Besikof

Loeb & Loeb LLP • New York, NY (212) 407-4129

Shane G. Ramsey

Nelson Mullins Riley & Scarborough, LLP • Nashville, TN (615) 664-5315

Mark V. Bossi

Donald A. Workman

BakerHostetler • Washington, DC (202) 861-1602

Bradford J. Sandler

Pachulski Stang Ziehl & Jones LLP • Wilmington, DE (302) 778-6424

Commercial Fraud Eric S. Rein

Horwood Marcus & Berk Chartered • Chicago, IL (312) 606-3227

Ryan W. Blackney

Freeborn & Peters LLP • Chicago, IL (312) 360-6617

Consumer Bankruptcy Elizabeth E. Stephens

Sullivan Hill Lewin Rez & Engel • Las Vegas, NV (702) 202-6287

Richard John Cole, III

Cole & Cole Law, P.A. • Sarasota, FL (941) 365-4055

B. Summer Chandler

Tara E. Nauful

Elizabeth Gunn

John T. Farnum

Lucian Murley

George Klidonas

Financial Advisors and Investment Banking

Mediation

Unsecured Trade Creditors

Berger Singerman, LLP • Miami, FL (305) 755-9500

Markowitz, Ringel, Trusty + Hartog, P.A. • Miami, FL (305) 670-5000

May, Potenza, Baran & Gillespie, P.C. • Phoenix, AZ (480) 299-2313

Mount Pleasant, SC (803) 750-5586

Saul Ewing Arnstein & Lehr LLP • Wilmington, DE (302) 421-6898

Jordi Guso

Jill Bauer

Epiq • Kansas City, KS (913) 621-9920

Health Care

Suzanne Koenig

SAK Management Services, LLC • Riverwoods, IL (847) 446-8400

Mary Debora Lane

Wilshire Pacific Capital Advisors LLC • Los Angeles, CA (323) 697-8166

International

E. Patrick Shea

Gowling WLG (Canada) LLP • Toronto, ON (416) 369-7399

Rafael X. Zahralddin-Aravena Elliott Greenleaf • Wilmington, DE (302) 384-9400

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Jerry M. Markowitz

Kirkland & Ellis LLP • New York, NY (212) 446-6454

Grant L. Cartwright

Leslie Ann Berkoff

Jennifer M. McLemore

Moritt Hock & Hamroff LLP • New York, NY (516) 880-7243

Christian & Barton, LLP • Richmond, VA (804) 697-4129

Real Estate

Young and New Members

Buchanan Ingersoll & Rooney PC • Tampa, FL (813) 222-1187

Bayard, P.A. • Wilmington, DE (302) 429-4227

Daniel I. Waxman

Daniel A. White

Scott Underwood

Wyatt, Tarrant & Combs, LLP • Lexington, KY (859) 288-7471

Evan T. Miller

Askew & Mazel, LLC • Albuquerque, NM (505) 433-3097

NOVEMBER MONDAY

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ABI Program at NCBJ Washington Marriott Marquis Washington, D.C.

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Veterans Day 15th Annual Hon. Steven W. Rhodes Consumer Bankruptcy Conference Somerset Inn Troy, MI

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9th Mid-Level Professional Development Program

Nov. TBD, 2019

TBD

16th Annual Corporate Restructuring Competition

Nov. TBD, 2019

TBD

Delaware Views from the Bench

Nov. TBD, 2019

Wilmington, Del.

Cross-Border Insolvency Program

Nov. TBD, 2019

TBD

2018 American Bankruptcy Institute supporting partners ABI’s Partners provide vital support for programs throughout the year. Partners receive year-round recognition at many conferences, events and online. Partner Packages are customized to fit the unique marketing needs of each Partner. Contact Marketing Manager Sharisa Sloan at ssloan@ abiworld.org for information on how you can partner with ABI.

Presidential Partners

Executive Partner

Capital Partners

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2019

DECEMBER MONDAY

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31st Annual Winter Leadership Conference Terranea Resort Rancho Palos Verdes, CA

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ABI/SJUSL 40-Hour Mediation Training Program

Dec. TBD, 2019

New York

The ABI Endowment: More than $2.5 million in Research grants and scholarships awarded The ABI Endowment Fund was created in 1989 to provide resources for research and education to the bankruptcy community and was renamed in 2009 to honor the late Tony Schnelling, a former ABI Vice President-Development. Your gift or pledge allows ABI to meet new requests for funding, which may include studies relating to bankruptcy or insolvency; surveys or other analytical investigation; the education of judges, court personnel, other governmental personnel and the general public; or scholarships and other educational grants.

Anthony H.N. Schnelling (1947-2009) Founder and CEO Bridge Associates LLC

Steven M. Berman (Shumaker, Loop & Kendrick, LLP; Tampa, Fla.) (l) received a Lifetime Member award from ABI Vice President-Development Robert P. Reynolds (Reynolds, Reynolds & Little, LLC; Tuscaloosa, Ala).

Annually, the Endowment funds scholarships, moot court competitions, corporate restructuring competitions and ABI’s Resident Scholar program. The Endowment also funds major research projects including support for the ABI Commission on Consumer Bankruptcy, the ABI Commission to Study the Reform of Chapter 11, a study to look at the effects of the ACA on bankruptcy, the Ethics Task Force, a study of the effectiveness of financial education on distressed consumers, and an empirical study of postBAPCPA distributions to unsecured creditors.

Endowment contributions may be paid in equal installments for up to five years. All gifts are cumulative to allow donors to advance their level of contribution. All contributions are tax-deductible. The ABI Endowment is a 501(c)(3) taxexempt organization.

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Anthony H.N. Schnelling Endowment Fund Awards Presented at ABI’s Annual Spring Meeting.

Donald A. Workman (BakerHostetler; Washington, D.C.) (l) and Soneet R. Kapila (KapilaMukamal, LLP; Fort Lauderdale, Fla.) (r) received Century Council Awards.

Richard P. Carmody (Adams and Reese LLP; Birmingham, Ala.) (l) received a Visionary Member award.

Paul R. Hage (Jaffe Raitt Heuer & Weiss; Southfield, Mich.) (l) received a Benefactor award.

Endowments & Grants Major Contributors

Unique ways to contribute Networking Events Auto Debit

Amazon Wish List Donate Remnant Funds

Silent Auctions Stock Transfers

Millennium Level

Century Council Members

Legacy Members

Benefactors

Sustaining Members

• Bayard, P.A. • Boleman Law Firm, PC • Conseco Liquidating Trust • Edward T. Gavin Gavin/Solmonese LLC • Global Aviation Holdings, Inc. • Robert P. Reynolds Reynolds, Reynolds & Little, LLC • Speigel Creditor Liquidating Trust • Mark G. Stingley Bryan Cave LLP

• AlixPartners LLP Jay Alix • Scott L. Baena Bilzin Sumberg Baena Price & Axelrod, LLP • William A. Brandt, Jr. Development Specialists, Inc. • Bridge Associates LLC Anthony H.N. Schnelling and Carl H. Young, III • John Wm. Butler, Jr. Birch Lake Holdings, LP • L. E. Creel, III Coats Rose, P.C. • Harry D. Dixon, Jr. • Soneet R. Kapila KapilaMukamal, LLP • Keen-Summit Capital Partners LLC Harold J. Bordwin and Matt Bordwin • National Auctioneers Association • Visa USA, Inc. • Bettina M. Whyte

• Ballard Spahr LLP Tobey M. Daluz, Carl A. Eklund and Vincent J. Marriott III • Lisa G. Beckerman Akin Gump Strauss Hauer & Feld LLP • Richard P. Carmody Adams and Reese LLP • Samuel J. Gerdano American Bankruptcy Institute • Peter S. Kaufman Gordian Group, LLC • Richard S. Lauter Lewis Brisbois Bisgaard & Smith LLP • MorrisAnderson Daniel F. Dooley • Brian L. Shaw Fox Rothschild LLP • James Patrick Shea Kolesar & Leatham • The Hilco Organization Benjamin L. Nortman & Richard L. Kaye • Jack Williams

• Hon. Martin R. Barash U.S. Bankruptcy Court (C.D. Cal.) • Douglas E. Deutsch Clifford Chance US LLP • Hon. Mary Grace Diehl (ret.)

• Jay M. Goffman Skadden, Arps, Slate, Meagher & Flom LLP • Richardo I. Kilpatrick Kilpatrick & Associates, PC • Teresa C. Kohl SSG Capital Advisors, LLC • Ronald J. Silverman Hogan Lovells US LLP • Christopher A. Ward Polsinelli • R. Scott Williams Rumberger, Kirk & Caldwell, P.A.

• Michael L. Bernstein Arnold & Porter Kaye Scholer LLP • Patrick A. Clisham Engelman Berger, PC • Mark Desgrosseilliers Womble Carlyle Sandridge & Rice, LLP • Paul H. Deutch Omni Management Group, LLC • Hon. Mary Jo Heston U.S. Bankruptcy Court (W.D. Wash.)

• Thomas M. Horan Fox Rothschild LLP • David W. Houston IV Burr & Forman LLP • Ericka F. Johnson Womble Carlyle Sandridge & Rice, LLP • Mark Shinderman Milbank, Tweed, Hadley & McCloy LLP • SM Financial Services Corporation Jane Mitnick and Steven Mitnick • James E. Van Horn McGuireWoods LLP • Melissa A. Youngman Melissa A. Youngman, P.A.

Contributions of $50,000 and above

30th Anniversary Circle Contributions of $30,000 - $49,999

• Robert N. Dangremond March Brown LLC • Polsinelli James E. Bird, Daniel J. Flanigan and Christopher A. Ward • Patricia A. Redmond Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A. • John Tittle, Jr. Tittle Advisory Group, Inc. • Donald A. Workman BakerHostetler

Contributions of $25,000 - $29,999

Visionary Members

Contributions of $20,000 - $24,999 • Becket & Lee, LLP Alane A. Becket • Richard P. Carmody Adams and Reese LLP • Jerry M. Markowitz Markowitz, Ringel, Trusty + Hartog, P.A. • Francis A. Monaco, Jr. Equity Partners HG • Robert J. Feinstein and Bradford J. Sandler Pachulski Stang Ziehl & Jones LLP • Steven M. Yoder Children’s Trust • Prof. Robert M. Zinman

Contributions of $15,000 - $19,999

Lifetime Members

Contributions of $10,000 - $14,999 • Blank Rome LLP Spencer Abraham and Ira L. Herman • Elizabeth A. Green BakerHostetler • Douglas L. Lutz Frost Brown Todd LLC • Jeffrey N. Pomerantz Pachulski Stang Ziehl & Jones LLP • Hon. Deborah L. Thorne U.S. Bankruptcy Court (N.D. Ill.) • Hon. Eugene R. Wedoff (ret.)

Contributions of $5,000 - $9,999

Contributions of $2,000 - $4,999

2018-2019 Board of Directors* ABI Executive Committee Members Jeffrey N. Pomerantz Chairman

Alane A. Becket President-Elect

Hon. Barbara J. Houser Vice President—Research/Grants

Annerose Tashiro Vice President—International Affairs

U.S. Bankruptcy Court (N.D. Tex.); Dallas, TX

Schultze & Braun GmbH; Achern, Germany

Michael L. Bernstein Treasurer

Hon. Eugene R. Wedoff (ret.)

Immediate Past President

Douglas E. Deutsch Vice President—Education

Robert P. Reynolds Vice President—Development

Thomas M. Horan Vice President—Communication & Information Technology

Hon. Dennis R. Dow Secretary

Pachulski Stang Ziehl & Jones LLP; Los Angeles, CA

Oak Park, IL

Edward T. Gavin President

Gavin/Solmonese LLC; Wilmington, DE

At-Large Executive Committee Members

Becket & Lee, LLP; Malvern, PA

Clifford Chance US LLP; New York, NY

Lisa Sommers Gretchko Vice President—Publications Howard & Howard; Royal Oak, MI

Reynolds, Reynolds & Little, LLC; Tuscaloosa, AL

Arnold & Porter Kaye Scholer LLP; Washington, DC

U.S. Bankruptcy Court (W.D. Mo.); Kansas City, MO

Fox Rothschild LLP; Wilmington, DE

Hon. Kevin J. Carey Vice President—Membership

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

Hon. Michael A. Fagone

Jay M. Goffman

Douglas L. Lutz

Damian S. Schaible

Derek C. Abbott

Kathryn A. Coleman

Richard S. Lauter

Hughes Hubbard & Reed LLP; New York, NY

Douglas M. Foley

McGuireWoods LLP; Richmond, VA

Lewis Brisbois Bisgaard & Smith LLP; Chicago, IL

James A. Peko

Morris, Nichols, Arsht & Tunnell, LLP; Wilmington, DE

Eric W. Anderson

Hon. Daniel P. Collins

Franklind Davis Lea

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

Hon. Michelle M. Harner

Parker, Hudson, Rainer & Dobbs LLP; Atlanta, GA

U.S. Bankruptcy Court (D. Md.); Baltimore, MD

Tactical Financial Consulting, LLC; Alpharetta, GA

Hon. Martin R. Barash

Kelly Beaudin Conlan

Hon. Bruce A. Harwood

David P. Leibowitz

U.S. Bankruptcy Court (D. N.H.); Manchester, NH

Lakelaw; Chicago, IL

William H. Henrich

Stephen D. Lerner

Getzler Henrich & Associates LLC; New York, NY

Squire Patton Boggs; Cincinnati, OH

Hon. Laurel Myerson Isicoff

Prof. Lois R. Lupica

U.S. Bankruptcy Court (S.D. Fla.); Miami, FL

University of Maine School of Law; Portland, ME

U.S. Bankruptcy Court (D. Maine); Bangor, ME

Skadden, Arps, Slate, Meagher & Flom LLP; New York, NY

Frost Brown Todd LLC; Cincinnati, OH

Davis Polk & Wardwell LLP; New York, NY

ABI Board Members

U.S. Bankruptcy Court (C.D. Cal.); Woodland Hills, CA

Lisa G. Beckerman

Akin Gump Strauss Hauer & Feld LLP; New York, NY

Steven M. Berman

Shumaker, Loop & Kendrick, LLP; Tampa, FL

Alvarez & Marsal; New York, NY

Paul H. Deutch

Omni Management Group, LLC; New York, NY

Hon. Mary Grace Diehl (ret.)

Atlanta, GA

Hon. Hannah L. Blumenstiel

Lisa J. Donahue

U.S. Bankruptcy Court (N.D. Cal.); San Francisco, CA

AlixPartners LLP; New York, NY

Soneet R. Kapila

Mark M. Maloney

KapilaMukamal, LLP; Fort Lauderdale, FL

King & Spalding; Atlanta, GA

Jessica C.K. Boelter

Daniel F. Dooley

Jerry M. Markowitz

Sidley Austin LLP; Chicago, IL

MorrisAnderson; Chicago, IL

Eve H. Karasik

Levene, Neale, Bender, Yoo & Brill L.L.P.; Los Angeles, CA

Markowitz, Ringel, Trusty + Hartog, P.A.; Miami, FL

Jason S. Brookner

Hon. Robert D. Drain

Teresa C. Kohl

Deirdre A. McGuinness

SSG Capital Advisors, LLC; West Conshohocken, PA

Epiq; New York, NY

Tinamarie Feil

David R. Kuney

Nina M. Parker

Gray Reed & McGraw LLP; Houston, TX

U.S. Bankruptcy Court (S.D.N.Y.); White Plains, NY BMC Group; New York, NY

Whiteford Taylor Preston LLP; Washington, DC

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Parker & Associates; Winchester, MA

Grant Thornton LLP; New York, NY

Kathy Bazoian Phelps

Diamond McCarthy LLP; Los Angeles, CA

Jeffrey M. Reisner

Irell & Manella LLP; Newport Beach, CA

Bradley D. Sharp

Development Specialists, Inc.; Los Angeles

Hon. Deborah L. Thorne

U.S. Bankruptcy Court (N.D. Ill.); Chicago, IL

Christopher A. Ward Polsinelli; Wilmington, DE

R. Scott Williams

Rumberger, Kirk & Caldwell, P.A.; Birmingham, AL

Risa Lynn Wolf-Smith

Holland & Hart LLP; Denver, CO

* Through April 2019.

American Bankruptcy Institute 2018 • 2019 Staff EXECUTIVE

COMMUNICATIONS

MARKETING

Samuel J. Gerdano, Executive Director

James Carman, Director of Communications

Sharisa Sloan, Marketing Manager

Amy A. Quackenboss, Deputy Executive Director

Chris Callahan, Digital Media Specialist

Michelle Burnett, Marketing Coordinator

and General Counsel

John Hartgen, Public Affairs Manager Carolyn M. Kanon, Senior Editor

MEMBERSHIP

Patrick J. McGrath, Art Director

Christopher Thackston, Director of Membership

Kathy Sheehan, Chief Financial Officer

William Rochelle, Editor-at-Large

Robin Davis, Membership Engagement Manager

Adnan Khan, Staff Accountant

Elizabeth Stoltz, Managing Editor

ACCOUNTING Chloe Somers, Accounting Manager Virginia Orellana, Staff Accountant

INTERACTIVE MEDIA & TECHNOLOGY

MEETINGS AND EVENTS Jennifer Guirguis, Senior Meeting Planner

Karim Guirguis, Chief Strategy & Information Officer

Allyson Donohue, Meeting Planner

Georgina Antakly, Digital Marketing Manager

Jannine Henderson, Continuing Education Manager

Mary T. Kleppinger, Director of Administration

Sirish Ayyagari, Drupal Architect

Bethany Spencer, Meeting Planner

Ed Flynn, Consultant

Satish Kodali, Software Engineer

Erin Finnegan, Meeting Planner

Leah Weston, Office Manager

Matthew Lukban, Media Operations Manager

ADMINISTRATION Marie White, Staff Assistant

More than $2.5 million in grants and scholarships has been awarded

Anthony H.N. Schnelling

The ABI Anthony H.N. Schnelling Endowment Fund was created in 1989 to provide resources for research and education to the bankruptcy community. Your gift or pledge allows ABI to meet new requests for funding, which may include studies relating to bankruptcy or insolvency; surveys or other analytical investigations; the education of judges, court personnel, other governmental personnel and the general public; or scholarships and other educational grants.

Levels of Support Millennium Level 30th Anniversary Circle Century Council Member Visionary Member Legacy Member Lifetime Member* Benefactor Sustaining Member Leadership Club Donor

$50,000+ $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $2,000 $1,000 $100

- - - - - - - - -

$49,999 $29,999 $24,999 $19,999 $14,999 $9,999 $4,999 $1,999 $999

New contributions or pledges at or above the Sustaining Member level will be recognized at the Annual Spring Meeting and Winter Leadership Conference. Contributions may be paid in equal installments of up to five years. All gifts are cumulative to allow donors to advance their level of contribution. All contributions are tax-deductible. The ABI Endowment is a 501(c)(3) tax-exempt organization.

Donors are acknowledged at ABI meetings!

abi.org/endowment

* Lifetime members and above receive a complimentary annual membership upon completed payment of their pledge.

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2018 AMERICAN BANKRUPTCY INSTITUTE ANNUAL REPORT AND 2018-2019 EVENT-PLANNING CALENDAR 66 CANAL CENTER PLAZA • SUITE 600 • ALEXANDRIA, VA 22314 • WWW.ABI.ORG