Page 1

17 ANNUAL th

NORTHEAST BANKRUPTCY CONFERENCE

15 ANNUAL th

NORTHEAST

CONSUMER FORUM Ocean Edge Resort, Brewster, Mass.

NEBC July 8~11, 2010 NECF July 8~10, 2010


WELCOME On behalf of our distinguished faculty and Advisory Board, we are pleased to invite you to attend the 17th Annual Northeast Bankruptcy Conference and 5th Annual Northeast Consumer Forum, to be held at the Ocean Edge Resort & Golf Club. The Advisory Board has assembled a roster of the best regional speakers and timely topics that offer more than 8 hours of CLE/CPE credit and something for everyone. This family-friendly conference always sells out, so register early. Early bird registration saves $50. Our generous financial sponsors are hosting a variety of fun events for families and network opportunities for business development. Many of these events are included in the registration fee. Tucked away in historic Brewster, Mass., the Ocean Edge Resort & Golf Club offers everything from access to the beautiful beaches of Cape Cod Bay and the Cape’s only Nicklaus-designed golf course. The resort also features Cape Cod’s newest meeting facility, the Mansion Ballroom, with 4,500 square feet of meeting space that is sure to enhance your conference experience. The scenic 26-mile Cape Cod Bike & Rail Trail is a great retreat after a morning of educational sessions. When you have some free time, be sure to enjoy the new Rooftop Terrace by watching the sunset over the bay with the refreshment of your choice. Come and see what new and exciting things are now available at the resort.

Register now and don’t miss out!

17thAnnual

Northeast Bankruptcy Conference Co-Chairs Hon. Joel B. Rosenthal, Judicial Chair Francis C. Morrissey U.S. Bankruptcy Court (D. Mass.); Worcester

Michael J. Epstein

Morrissey, Wilson & Zafiropoulos; Boston

CRG Partners Group LLC; Boston

5thAnnual

Northeast Consumer Forum Co-Chairs Patricia Antonelli

Partridge, Snow & Hahn, LLP; Providence, R.I.

Nina M. Parker

Parker & Associates; Winchester, Mass.

PRESIDENTIALPARTNERS


17thANNUAL

Northeast Bankruptcy Conference Sponsors Principal

Patron

Sponsor

CRG Partners Group LLC Getzler Henrich & Associates LLC

Bankruptcy Management Solutions, Inc. Bernstein Shur Blum Shapiro & Company, P.C. Candlewood Partners, LLC Casner & Edwards, LLP Craig and Macauley, PC Day Pitney LLP Deloitte Devine, Millimet & Branch, PA Finn Dixon & Herling LLP FirstCity Crestone LLC Goulston & Storrs, PC Hanify & King, PC Hinckley, Allen & Snyder LLP J. H. Cohn, LLP K&L Gates LLP Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC Mirick O’Connell, LLP Murtha Cullina LLP Neubert Pepe & Monteith, PC Nixon Peabody LLP Nutter McClennen & Fish, LLP Pepper Hamilton LLP Phoenix Management Services, Inc. Preti, Flaherty, Beliveau & Pachios, LLP RAS Management Advisors, LLC Riemer & Braunstein LLP Ruberto, Israel & Weiner, PC Seyfarth Shaw LLP Sheehan, Phinney, Bass + Green Start Fresh Today Summit Investment Management LLC Swiggart & Agin, LLC TrueNorth Capital Partners, LLC Updike, Kelly & Spellacy, PC Woodside Capital Management Zeisler & Zeisler, PC

Anderson Aquino LLP Azarian Law Office, PLLC Bartlett Hackett Feinberg P.C. Bingham McCutchen LLP Bodoff & Associates, P.C. Bowditch & Dewey, LLP Capital Restoration LLC Drummond Woodsum Gary W. Cruickshank, Attorney at Law Goodrich & Associates Gordon Brothers Group, LLC Holland & Knight LLP Lambert Coffin Haenn Lavallee | Associates, Inc. Law Office of Joseph M. DiOrio, Inc. Looney & Grossman LLP Marcus, Clegg & Mistretta, PA McLane, Graf, Raulerson & Middleton, PA Mirus Special Situations Group Mediation Works Incorporated (MWI) Ostrander Law Office Parker & Associates Partridge, Snow & Hahn, LLP Paul E. Saperstein Company Pearce & Dow, LLC Perkins Thompson, PA Pierce Atwood LLP Proskauer Raftery Law Offices Verrill Dana LLP William S. Gannon, PLLC

Benefactor AlixPartners LLP Argus Management Corporation Aurora Management Partners, Inc. Brown Rudnick LLP Carl Marks Choate, Hall & Stewart LLP Duane Morris LLP Edwards Angell Palmer & Dodge LLP Foley Hoag LLP FTI Consulting, Inc. The Garden City Group, Inc. Goodwin Procter LLP Grant Thornton LLP KPMG Mesirow Financial Consulting, LLC NHB Advisors Reid and Reige PC Ropes & Gray LLP Seabury Group Sherwood Partners SSG Capital Advisors, LLC Sullivan & Worcester LLP The Tron Group WilmerHale Wilmington Trust Company Verdolino & Lowey, PC

Northeast Conference Scholarship Sponsors The following have generously contributed to a fund to allow those with limited resources to attend the program. A limited number of scholarships are available. E-mail Shannon Nelligan at snelligan@abiworld.org for more information.

Foley Hoag LLP Hendel & Collins PC

Lynne Riley Swiggart & Agin, LLC

The Tron Group Verdolino & Lowey PC

WilmerHale


17 Annual th

th

Northeast Bankruptcy Conference

P

R

O

THURSDAY, JULY 8

G

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

2:00 p.m.

ABI Registration Desk and Exhibit Hall Open

5:00-6:00 p.m.

5 Annual

Northeast Consumer Forum

R

A

M

Northeast Bankruptcy Conference Concurrent Sessions I Real Estate Loan Enforcement and Workouts in a Securitized World

This program will examine how CMBS loans are structured and the issues that arise in connection with enforcing and working out such conduit loans. The program will also discuss the roles played by agent banks, special servicers and loan participants, and will examine the impact of General Growth on the future of real estate lending.

New Member/Ambassador Reception

• John J. Monaghan, Moderator

6:00-8:00 p.m.

• Robert N. Dangremond

Opening Reception

Holland & Knight LLP; Boston AlixPartners LLP; New York

Sponsored by AlixPartners LLP, Duane Morris LLP, Edwards Angell Palmer & Dodge LLP and Wilmington Trust Company

• John T. Morrier

FRIDAY, JULY 9

U.S. Bankruptcy Court (E.D.N.Y.); Brooklyn

7:00 a.m.

Registration Desk Open

7:00-8:30 a.m.

Continental Breakfast

Sponsored by Candlewood Partners, LLC and Nixon Peabody LLP

8:30-10:00 a.m. and continued at 10:30-12:00 noon Northeast Consumer Forum Mortgages! Mortgages! Mortgages!

As the U.S. continues to dig its way out of the housing crisis, mortgage defaults resulting in foreclosures and abandoned properties are not abating. The Consumer Forum will devote an entire morning double session to issues involving defaults in residential mortgages. Panelists will cover a range of residential mortgage topics, including the Treasury’s Home Affordable Modification Program (HAMP), the short-sale and deed-in-lieu of foreclosure provisions of the Home Affordable Foreclosure Alternatives Program (HAFA), and the refinancing provisions available under HAMP. Topics include a review of formal loss mitigation and mediation programs, and how servicers and mortgage-holders are dealing with them, and how the bankruptcy courts are handling loan-modification agreements, and an update of lawsuits and claims involving mortgage assignments, MERS, wrongful foreclosure and mortgage servicing. Finally, the program will include a primer on reverse mortgages to explore why advocates for the elderly and consumers are warning about the need for more regulation and enforcement.

S

Casner & Edwards, LLP; Boston

• Hon. Elizabeth S. Stong

• Robert Lindsay Wilson II

Morrissey, Wilson & Zafiropoulos: Boston

The Assault on the Secured Creditor TOUSA and Yellowstone represent two recent cases where creditors who thought they held large senior secured positions found out otherwise. Do these cases signal a trend? Are there lessons applicable to conventional lending relationships? The panel will also examine recent decisions involving credit bidding in 363 sales, including Pacific Lumber and the Philadelphia newspapers case.

• Paul D. Moore, Moderator Duane Morris LLP; Boston

• Hon. Mildred Caban

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

• Jeffrey D. Ganz

Riemer & Braunstein LLP; Boston

• Patrick Joyce

Citizens Bank; Boston

• Charles Reardon

Carl Marks; Vienna, Va.

• John Ventola

Choate, Hall & Stewart LLP; Boston

Current Controversies in Bankruptcy Sales Free and Clear: What is the impact of the Ninth Circuit BAP’s

• Melvin S. Hoffman (judge designate)

decision in Clear Channel, and has it gotten any traction elsewhere? Is consent now all that is left in 363(f), and can a nominally secured creditor actually fully out of the money really hang up a deal? Is 363(m)’s mootness provision now a thing of the past? Successor Liability: What are the contours of successor liability? How can you structure non-bankruptcy deals to minimize the threat of successor liability? Does doing the deal through 363 protect the buyer? Conflicting Results: Compare and contrast Chrysler and GM with the Phoenix Coyotes case. What are the limits of defining what consideration can be paid in a 363 sale? Can you assume select debt and not other debt? Can you give equity to some creditors and not others?

• Christopher M. Lefebvre

Brown Rudnick LLP; Boston

• Julie Moran, Moderator Orlans Moran PLLC; Boston

• Patricia Antonelli

Partridge Snow & Hahn LLP; Providence, R.I.

• Thomas M. Fleming

Bank of America; Greenville, R.I.

Looney & Grossman LLP; Boston

• William R. Baldiga, Moderator

Law Offices of Claude Lefebvre & Sons; Pawtucket, R.I.

• Matthew B. Berk

• Juliet M. Moringiello

Widener University School of Law; Harrisburg, Pa. ABI Resident Scholar

• John Rao

National Consumer Law Center; Boston

Morgan Joseph & Co. Inc.; New York

• Charles Doherty

BR Strategies LLC; Boston

• Hon. Enrique Lamoutte

U.S. Bankruptcy Court (D. P.R.); San Juan

• Mackenzie L. Shea K&L Gates LLP; Boston


Reorganizing in Chapter 7, Compositions, Trust Mortgages and Other Alternatives to Chapter 11 Topics to be covered by the panel will include the basic flow of alternative insolvency processes, how to set up a company so a fiduciary can effectively liquidate assets, recommended steps in advance of filing, and how to cope with a chapter 7 trustee or other fiduciary.

• Warren Agin, Moderator Swiggart & Agin, LLC; Boston

• Craig R. Jalbert

Verdolino & Lowey, PC; Foxboro, Mass.

• Andrew G. Lizotte

Hanify & King, PC; Boston

• Hon. Joel B. Rosenthal

U.S. Bankruptcy Court (D. Mass.); Worcester

• Diane Finkle

Winograd, Shine & Zacks, PC; Providence, R.I.

Pig or Hog: Ethical Issues Revised by the Employment and Compensation of Professionals In Energy Partners, the court ruled that applications filed by equityholders and creditors’ committees for leave to employ investment bankers to perform valuation services could not be approved. In rejecting the applications, the court declared: “The [bankruptcy] estate is not a cash cow to be milked to death by professionals seeking compensation for services rendered to the estate which have not produced a benefit commensurate with the fees sought.” The panel will discuss the ethical and practical issues raised by the employment and compensation of professionals in large, complex chapter 11 cases.

• Dennis J. Drebsky, Moderator Nixon Peabody LLP; New York

• Hon. Colleen A. Brown

U.S. Bankruptcy Court (D. Vt.); Rutland

• R. Michael Farquhar Winstead PC; Dallas

• John P. Fitzgerald, III

Office of the U.S. Trustee; Boston

• Kelly Beaudin Stapleton Traxi LLC; New York

Is the PBGC Next? Retirement Plans and the Chapter 11 Debtor This panel will discuss the players and issues surrounding retirement plans sponsored by a financially distressed company. Topics will include the means of calculating underfunding of a defined benefit plan, PBGC lien rights, pension plan termination methods, claims arising from such terminations—including the termination premium claims found by the Second Circuit to be “nondischargeable” in the Oneida case, control group member liability, and the impact on plan participants from a termination. The panel will also discuss issues surrounding defined contribution plans, including claims for unfunded contributions and the consequences of liquidating a company with a defined contribution plan.

• Victor Bass, Moderator Burns & Levinson LLP; Boston

• Daniel P. Condon

Goodwin Procter; Boston

• Hon. Robert Gerber

U.S. Bankruptcy Court (S.D.N.Y.); New York

• Timothy R. Hurley

Deloitte Financial Advisory Services LLP; Boston

• Steven Weiss

Shatz, Schwartz and Fentin, PC; Springfield, Mass.

10:00-10:30 a.m. Coffee Break

Sponsored by First City Crestone LLC

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

Northeast Consumer Forum Continued fom the 8:30 -10:00 Session Mortgages! Mortgages! Mortgages! Northeast Bankruptcy Conference Concurrent Sessions II What’s Old Is New Again: A Case Study of Pilgrim’s Pride After filing for chapter 11 bankruptcy protection in December 2008 with $2.72 billion in debt, Pilgrim’s Pride Corp, the nation’s largest chicken producer, engaged with William Snyder and his team at CRG Partners to restructure the corporation to once again be a competitive company. William and his team implemented many operational changes, including hiring a new executive management team, initiating a cost-reduction program, reducing exposure to commodity chicken products, and selling non-core assets. As a critical tactic for exiting bankruptcy and restoring value to the company, Pilgrim’s Pride consummated a transaction with JBS, a Brazilian beef-industry rival, that resulted in Pilgrim’s Pride selling 64 percent of its stock under the U.S. company’s bankruptcy reorganization plan. Fewer than 13 months after filing with the U.S. Bankruptcy Court for the Northern District of Texas, Pilgrim’s Pride successfully emerged from bankruptcy protection under the counsel of CRG Partners, recapitalizing its senior bank debt and paying creditors in full, in cash, with existing equity retaining a considerable portion of the company.

• Winston Mar, Moderator

CRG Partners Group LLC; Los Angeles

• Hon. Gerardo Carlo

U.S. Bankruptcy Court (D. P.R.); San Juan

• Jeremy B. Coffey

Brown Rudnick Berlack Israels LLP; Boston

• Joseph Miller Lazard; Chicago

• David W. Parham

Baker & McKenzie LLP; Dallas

Bankruptcy Appeals: Best Practices This panel will review the nuts and bolts of appealing bankruptcy court orders. Topics to be covered include recent amendments to the appellate rules, the distinction between final and interlocutory orders, standing, stay motions, timing and process for appeal, and the strategic factors that inform the decision to appeal to the district court or BAP, or seek direct circuit review.

• Prof. Thomas J. Carey, Moderator

Boston College Law School; Chestnut Hill, Mass.

• G. Eric Brunstad

Dechert LLP; Hartford, Conn.

• Euripides D. Dalmanieras Foley Hoag LLP; Boston

• Hon. James B. Haines

U.S. Bankruptcy Court (D. Me.); Portland

• Mary P. Sharon

First Circuit Bankruptcy Appellate Panel; Boston


17thANNUAL

5thANNUAL

Conference And Forum Programs continued Surviving Dispositive Motions in Bankruptcy

Trial Tactics and Strategies in Bankruptcy Court Litigation

Two recent Supreme Court decisions, Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, have modified the venerable Conley v. Gibson standard for 12(b)(6) motions in the federal courts. Specifically, Twombly and Iqbal provide two working principles for determining whether a complaint is adequate. The panel will explore the impact of Twombly and Iqbal on litigation commenced by estate fiduciaries with less-than-perfect access to pre-bankruptcy facts, as well as legislative efforts to codify the Gibson standard in response.

Expert trial lawyers and judges will present various techniques for bankruptcy lawyers to improve their litigation and trial skills including: developing a strategy for preparation of a comprehensive case or defense, strategies for effective opening and closing arguments, techniques for direct and cross-examination, practical advice on introduction of and formulating questions relating to documents and demonstrative evidence, strategies for evidentiary objections, how and when to object, examination of particular types of witnesses (including experts), the use of summaries and chalks, how to respond to improper tactics of opposing counsel, and generally the art of persuasion. The program will include demonstrations and critiques by the members of the panel and offer an opportunity for interaction with attendees.

• Jay Steve Geller, Moderator Bernstein Shur; Portland, Maine

• Hon. J. Michael Deasy

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

• Joseph A. Foster

McLane, Graf, Raulerson & Middleton, PA; Manchester, N.H.

• James M. Liston

Bartlett Hackett Feinberg PC; Boston

• John G. Loughnane

Eckert Seamans Cherin & Mellott, LLC; Boston

Debtor’s Guide to Drafting and Negotiating Workout Proposals with Secured Lenders What is motivating secured lenders in the current environment? Are they handling distressed credits differently? Are they taking corrective measures sooner or later than before? Are they more or less likely to hold on to the credit? What strategies and techniques are working for borrowers with fundamentally sound businesses, but with revenues that will not service existing debt levels? How can borrowers tailor workout proposals to maximize their chances of success?

• Barry Green, Moderator

Getzler Henrich & Associates LLC; Boston

• Gregory O. Kaden

Goulston & Storrs, PC; Boston

• G. Christopher Miller

• Julia Frost-Davies, Moderator Bingham McCutchen LLP; Boston

• • • •

Hon. Frank J. Bailey

U.S. Bankruptcy Court (D. Mass); Boston

Edward S. Cheng

Sherin and Lodgen LLP; Boston

Patrick P. Dinardo

Sullivan & Worcester LLP; Boston

Hon. Joan N. Feeney

U.S. Bankruptcy Court (D. Mass); Boston

• Frederic D. Grant

Law Office of Frederic Grant, Jr.; Boston

• Patrick J. O’Toole

Weil, Gotshal & Manges LLP; Boston

• Mark A. Renzi FTI Consulting, Inc.; Boston

1:00 p.m.

Optional Event: Golf Tournament (new, faster play format!)

• Paul F. O’Donnell Hinckley, Allen & Snyder LLP; Boston

Sponsored by Blum Shapiro & Company, PC; Finn Dixon & Herling LLP; Neubert, Pepe & Monteith, PC; Reid and Riege, PC; TrueNorth Capital Partners, LLC; Updike, Kelly & Spellacy, P.C.; and Zeisler & Zeisler, PC

Need for Speed: Prepackaged and Prenegotiated Plans

Optional Event: Tour de ABI

Bank of America; Boston

Chapter 11 can result in loss of control by management, a decline in business prospects or even a liquidation of the firm. The safest way to manage these risks is to commence a case with the votes necessary to confirm a plan already in hand. This panel will examine pre-packaged and pre-negotiated plans, as well as other techniques for getting in and out of bankruptcy quickly.

• Daniel S. Bleck, Moderator

Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC; Boston

• Lisa G. Beckerman Akin Gump Strauss Hauer & Feld LLP; New York • John D. Sigel WilmerHale; Boston

• Leon Szlezinger

Jefferies & Company, Inc.; New York

• Hon. Brian K. Tester

U.S. Bankrutpcy Court (D. P.R.); San Juan

Sponsored by Preti, Flaherty, Beliveau & Pachios, LLP and Sheehan, Phinney, Bass + Green PA

Optional Event: Tennis Tournament

Sponsored by Mesirow Financial Consulting, LLC, Parker & Associates and Raftery Law Offices

Optional Event: Wellfleet Art Gallery Tour Sponsored by J.H. Cohn LLP

Optional Event: Seal Watch out of Chatham

Sponsored by Nutter McClennen & Fish, LLP and Swiggart & Agin, LLC

Optional Event: Board Game Mania!


6:30-9:30 p.m.

Friday Reception and Dinner

Sponsored by FTI Consulting, Inc., Grant Thornton LLP, Proskauer, Sullivan & Worcester LLP and Summit Investment Management LLC Entertainment sponsored by K&L Gates LLP, RAS Management Advisors, LLC, and WilmerHale Kids’ entertainment sponsored by Goulston & Storrs, PC and Ropes & Gray LLP

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

Northeast Consumer Forum Individual Chapter 11s Are Not Just Big Chapter 13s

Sponsored by Bernstein Shur, Craig and Macauley PC, Hanify & King, PC and Phoenix Capital Resources

The past several years have seen the fall of many businesses, which has resulted in the shareholders and officers and directors being faced with significant responsibilities for corporate obligations while in many instances utilizing personal assets to fund the company. When the corporation either files or fails, the individuals are left to reorganize their personal affairs and to address issues such as unpaid trust fund taxes, personal guaranties, and alter ego and shareholder disputes, as well as the home-equity loans and credit card debt that seems to inevitably build as the shareholders try to stem the downward spiral of the business. The individual assets are extensive, and the obligations are in the millions. Explore the issues and delve into how an individual restructures through a chapter 11.

Saturday, July 10

Mirick, O’Connell, DeMallie & Lougee, LLP; Westborough, Mass.

8:00-10:00 p.m.

Bonfire! End your evening with s’mores while listening to the waves lap on the shore

7:00-8:30 a.m.

Continental Breakfast

• Joseph H. Baldiga, Moderator • William R. Moorman, Jr.

Craig and Macauley Professional Corporation; Manchester, N.H.

Sponsored by Carl Marks and Choate, Hall & Stewart LLP

• Jennifer Rood

8:30-10:00 a.m.

• Hon. Mark W. Vaughn

Northeast Consumer Forum The Supreme Court Takes On Consumer Bankruptcy (and the Unintended Consequences) The Supreme Court accepted certiorari and/or decided at least four bankruptcy cases involving issues that will have broad impact on consumer bankruptcy practice. This panel will explore the issues that face consumer bankruptcy practice on a daily basis: Will the projected disposable income calculations for chapter 13 plans be mechanical or forward-looking? Is notice (and what kind) sufficient to bind a creditor to an otherwise inappropriate chapter 13 plan provision such as discharge of a student loan? What is the effect on secured creditors including in the context of §1325(a)(5)(A)? What are the restrictions on attorney/client communication under BAPCPA now that Milavetz has been decided, and what are the best practices for consumer bankruptcy lawyers? There are always unintended consequences when the Supreme Court rules on bankruptcy issues; these cases should provide plenty of opportunity for lively conjecture before the long-term effects are realized.

• Mark G. DeGiacomo, Moderator Murtha Cullina LLP; Boston

• Hon. William C. Hillman

U.S. Bankruptcy Court (D. Mass.); Boston

• Prof. Ingrid Michelsen Hillinger

Boston College Law School; Newton, Mass.

• Stacie D. McHale

U.S. Bankruptcy Court (D. Mass.); Boston

Northeast Bankruptcy Conference Concurrent Sessions I • What’s Old Is New Again: A Case Study of Pilgrim’s Pride • Bankruptcy Appeals: Best Practices • Surviving Dispositive Motions in Bankruptcy • Debtor’s Guide to Drafting and Negotiating Workout • Need for Speed: Pre-Packaged and Pre-Negotiated Plans • Trial Tactics and Strategies in Bankruptcy Court Litigation

10:00-10:30 a.m. Coffee Break

Sponsored by Brown Rudnick LLP

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

Northeast Bankruptcy Conference Concurrent Sessions II • Real Estate Loan Enforcement and Workouts in a Securitized World • The Assault on the Secured Creditor • Current Controversies in Bankruptcy Sales • Reorganizing in Chapter 7, Compositions, Trust Mortgages and Other Alternatives to Chapter 11 • Pig or Hog: Ethical Issues Revised by the Employment and Compensation of Professionals • Is the PBGC Next? Retirement Plans and the Chapter 11 Debtor

1:00 p.m.

Optional Event: Charter Fishing Tournament

Sponsored by Mirick O’Connell DeMallie & Lougee, LLP, Pepper Hamilton LLP and Seyfarth Shaw LLP

Optional Event: Kayaking Outing Sponsored by Day Pitney

Optional Event: Horseback Riding Sponsored by Bingham McCutchen LLP

2:00 p.m.

Optional Event: Volleyball Tournament

4:00-5:15 p.m. Seaside Chat

• Juliet M. Moringiello

Widener University School of Law; Harrisburg, Pa. ABI Resident Scholar

• Mark N. Berman

Nixon Peabody LLP; Boston

• Hon J. Michael Deasy

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


17thANNUAL

5thANNUAL

Conference And Forum Programs continued 6:00-7:00 p.m.

SUNDAY, JULY 11

(invitation only; all sponsors invited) Sponsored by Foley Hoag LLP and The Tron Group, LLC

Continental Breakfast

Sponsors Reception

7:00-8:30 a.m.

Sponsored by Hinckley, Allen & Snyder LLP and Ruberto, Israel & Weiner, P.C.

7:00-10:00 p.m. Lobster Boil

Sponsored by CRG Partners Group LLC Entertainment sponsored by Goodwin Procter LLP and Argus Management Corporation Kids’ entertainment sponsored Aurora Management Partners Inc.

10:00 p.m.-Midnight

Optional Event: Karaoke Lounge with Cocktails and Snacks

8:30-10:00 a.m.

Forum Most Conveniens: Judges Panel Judges to Be Announced

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

Sponsored by Verdolino & Lowey, PC.

10:00 a.m. Adjourn

EXECUTIVEPARTNERS


Added 2010 Benefit:

These books are included with your event registration

Bankruptcy Issues for Commercial Landlords, Tenants and Mortgagees, Second Edition Author: David R. Kuney

This revised manual on real estate bankruptcy is a comprehensive, highly readable book on the rights and obligations of tenants, landlords and third parties. The book has been updated to add new cases and issues arising under BAPCPA as well as in other areas where there has been significant development of the law, including letters of credit, landlord claims and the calculation of the statutory cap for such claims. The book also covers lease assumption, rejection, curing of defaults, damage calculations and pre-petition strategies, among other matters. Softbound, 150 pages.

Regular Purchase Price of Product # 08-010 Members: $25 Non-members: $45

Retention and Payment: Essentials of Being Retained and Paid as Debtor’s Counsel in Chapter 11

Authors: H. Slayton Dabney Jr., Stefanie Birbrower Greer, Richelle Kalnit and Daniel G. Egan This is a must-read for attorneys who may be generally unfamiliar with the chapter 11 process but who find themselves representing chapter 11 debtors. The handbook provides important practice pointers on obtaining court approval of the retention as debtor’s bankruptcy counsel and obtaining court approval to be paid for services rendered to the debtor. It also contains samples of an engagement letter, a retention application and associated documents, and a fee application. Softbound, 102 pages.

Regular Purchase Price of Product #08-004 Members: $25 Non-members: $45

SPECIALTHANKS We extend our special thanks to BMC Group for the thumb drives containing the Conference materials, Cole Schotz Meisel Forman & Leonard, PA for the hotel key cards, Donlin Recano & Company, Inc. for the Conference lanyards, Melville Capital for the exhibit hall and West, a Thomson Reuters Business for providing the printed educational materials and totebags.


OPTIONAL EVENTS Golf Tournament Sponsored by Blum Shapiro & Company, PC; Finn Dixon & Herling LLP; Neubert, Pepe & Montheith, PC; Reid and Riege, PC; TrueNorth Capital Partners, LLC; Updike, Kelly & Spellacy, P.C.; and Zeisler & Zeisler, PC

Friday, July 9, 1:00 p.m.

Enjoy Ocean Edge’s Nicklaus-designed course. The fee for the shotgun golf tournament is $150 per player and includes greens fee and cart, beverages, box lunches and prizes. Participants of all skill levels are encouraged to join in the tournament. Please check the appropriate box and handicap on the registration form to play.

Tour de ABI Sponsored by Preti, Flaherty, Believeau & Pachios, LLP and Sheehan, Phinney, Bass + Green

Friday, July 9, 1:00 p.m.

Join ABI for the fourteenth annual Tour de ABI! Bike at your own pace through the scenic beach towns of Cape Cod. Boxed lunches will be provided, and the ride will begin after lunch. There is no fee for this event. Bike rentals are available; please select the appropriate box(es) on the registration form.

Tennis Tournament Sponsored by Mesirow Financial Consulting, LLC, Parker & Associates and Raftery Law Offices

Friday, July 9, 1:00 p.m.

The tennis tournament will take place at the Ocean Edge Bay Pines courts. Beverages, boxed lunches and prizes will be provided, and participants of all skill levels are encouraged to play. There is no fee for this event. Please check the appropriate box on the registration form.

Wellfleet Art Gallery Tour Sponsored by J.H Cohn LLP

Friday, July 9, 1:00 – 5:00 p.m.

Tour Wellfleet, the Cape’s “Art Gallery Town.” Wander in an out of a variety of galleries offering something for everyone’s taste. Boxed lunches will be provided. The fee for this event is $35 per person. Please check the appropriate box on the registration form.


Seal Watch out of Chatham

Horseback Riding

Sponsored by Nutter McClennen & Fish, LLP and Swiggart & Agin, LLC

Sponsored by Bingham McCutchen LLP

Friday, July 9, 1:00-5:00 p.m.

Take the reins and go for a ride in one of the most scenic areas you’ll ever visit. Riders must be at least 8 years old unless given special permission by the stablemaster. The trail rides are one hour in length and are limited to nine people per ride. The cost for this event is $35 per person. Please check the appropriate box on the registration form.

Experience the waters surrounding Chatham on this 90-minute seal watch. You will be taken from Chatham Harbor out to explore Monomoy, where hundreds of harbor seals bask in the sun. The $40-per-person fee includes boxed lunch and transportation. Space is limited and will be filled on a first-come, first-served basis. Please check the appropriate box on the registration form.

Board Game Mania!

Friday, July 9, 1:00 p.m.

Join fellow attendees and their family members in a fun game of strategy for all ages! Snacks will be provided. There is no fee for this event. Please check the appropriate box on the registration form.

Charter Fishing Tournament Sponsored by Mirick O’Connell DeMallie & Lougee, LLP, Pepper Hamilton LLP and Seyfarth Shaw LLP

Saturday, July 10, 1:00-6:00 p.m.

Grab your fishing gear and get ready for five hours of fishing! Monomoy Island off Chatham proves to be a nice draw for the stripers and the blues trying to navigate around the Cape’s elbow. The charter boats will leave from Saquatucket harbor and head into Nantucket Sound. Each sponsor is generously hosting a boat, but space is extremely limited and will be filled on a first-come, first-served basis. This event will sell out very quickly! The $65-per-person fee includes a boxed lunch and on-board snacks and drinks. Please check the appropriate box on the registration form.

Kayak Outing Sponsored by Day Pitney

Saturday, July 10, 1:00-4:00 p.m.

See Cape Cod as it was seen by the early settlers on this twohour kayak adventure. This guided tour will take you through the waters of Orleans and the sights of Pleasant Bay, as well as the surrounding salt marshes and sand dunes. No kayaking experience is necessary; training will be provided prior to boarding the kayaks. The $35-per-person fee includes a boxed lunch, transportation, guide and kayak rental. Please check the appropriate box on the registration form.

Saturday, July 10, 1:00-3:30 p.m.

Volleyball Tournament

Saturday, July 10, 2:00 p.m.

Come on out and have a little friendly competition with your colleages! Enjoy a fun-filled game of volleyball on the front lawn of the resort—a great family event. There is no charge for this event. Please check the appropriate box on the registration form.

Karaoke Lounge with Cocktails and Snacks

Saturday, July 10, 10:00 p.m.-Midnight

Let your inner American Idol out by getting up and singing a couple of tunes over cocktails. The cost for this event is $20.

Kidz Camp Sponsored by Bankruptcy Management Solutions, Inc., Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC and Ropes & Gray LLP Kids (ages 4-12) will be safe and happy under the supervision of the Ocean Edge’s qualified staff, leaving moms and dads worry-free to attend the program and events. Lunch and snacks are included. Full-day (8:00 a.m.5:00 p.m.) and half-day (8:00 a.m.-12:00 p.m. or 1:00-5:00 p.m.) times are available. Please contact The Ocean Edge Activities Coordinator at keith.anderson@oceanedge. com to register your child(ren).


CONFERENCE INFORMATION Hotel Accommodations

You must be a registered attendee to make reservations at our host hotel, the Ocean Edge Resort & Golf, which features a majestic 19th Century mansion and carriage house set on a bluff overlooking Cape Cod Bay. ABI has arranged for special conference rates of $299 single/double for hotel guest rooms and one-bedroom villas only. To secure the special rate, reservations must be made by June 7, 2010. Reservations may be made only once you have registered with ABI. Upon payment of the conference registration fees, you will receive a hotel reservation form to reserve your room. (Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially-rated ABI block is filled.)

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by June 17, 2010. No refunds will be made if notice is received after June 17, although substitutions will be allowed. Upon written request within 30 days of the conference, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.

Transportation Air: Boston’s Logan and Providence’s T.F. Green airports

are both approximately 90 miles from the Ocean Edge Resort & Golf Club. For fare and schedule information and to make reservations, please visit www.aa.com or call American Airlines Meeting Services at (800) 433-1730. Please use promotion code A8878AA.

Ground: Avis car rental discounts are available using Avis Worldwide discount number T312999. Call (800) 3311600 or book online at www.avis.com.

ABC Certification

Continuing Education Northeast Bankruptcy Conference

Approval for approximately 8.75 hours of CLE credit, including 1.5 hours of ethics, is pending. 10.5 hours of CPE, including 1.5 hours of ethics, is 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 8.75 hours, of which 1.5 hours will apply to legal ethics.

Continuing Education Northeast Consumer Forum

Approval for approximately 6 hours of CLE credit is pending for the Northeast Consumer Forum. 7 hours of 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 6 hours.

ABI Northeast Scholarship Program

Scholarship funds are available for those who cannot afford to attend the program. Please send your request for approval to Shannon Nelligan at snelligan@abiworld.org. Limited space is available. *ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge of insolvency matters. 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 of 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 setup. ABI also has reduced rates for government employees, professors, law clerks and students. For information on tuition assistance, send an e-mail to snelligan@abiworld.org.

The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at the Ocean Edge Resort in Brewster, Mass., on Thursday, July 8, 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. 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, July 8, from 9:00 a.m.-5:00 p.m. at the Ocean Edge Resort in Brewster, Mass. 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) Make check payable to American Board of Certification and return with this clipping to: American Board of Certification, The American Building, 101 Second Street SE, Ste. 904, Cedar Rapids, IA 52401. 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.


17 Annual th

th

Northeast Bankruptcy Conference

R

e

g

i

s

5 Annual

t

r

Northeast Consumer Forum

a

t

i

o

Complete this registration form, make check payable to American Bankruptcy Institute and return to: ABI, P.O. Box 34709 Alexandria, VA 22334-0709, ATTN: NE10. Credit card payments can be faxed to (866) 921-1027. For more information or to register online, go to www.abiworld.org/NE10.

n

Name ______________________________________ Nickname ____________________________________________________________ Title: ___________________________________________________________________________________________________________ Firm/Company _ __________________________________________________________________________________________________ Address _________________________________________________________________________________________________________ Address _____________________________________ City__________________ State ______ Zip _ _______________________________ Phone ________________________ Fax ________________________ E-mail _________________________________________________

1a. Conference Rates

Early Bird

(postmarked by 4/23/10)

ABI/Member o $625 Gov’t/Academic/Nonprofit o $425 New Member* o $875 Gov’t/Academic/Nonprofit New Member o $520

Regular

(4/24/10-6/4/10)

o $675 o $475 o $925 o $570

1b. Consumer Forum only ABI Member New Member*

2. Exhibitor Registration Rates Member Exhibitor** Exhibitor New Member*** Add’l. Booth Rep

o $295 o $545

Opening Reception Tickets* Opening Reception Child (ages 13 and under) Friday Dinner - Adult* Friday Dinner - Child Bonfire on the Beach! Saturday Lobster Boil - Adult* Saturday Lobster Boil - Child (ages 13 and under) *No Charge to Registrant

o $695 o $525 o $975 o $620 o $395 o $645

*Includes one-year ABI membership for first-time members only—a $275 value! You must be a current ABI member to attend. Membership is individual and nonrefundable. If your membership has expired, see step 6. ** Includes one 6’ table and full registration for one booth representative. ***Includes one 6’ table and full registration for one booth representative AND one-year ABI membership (first-time members only).

o $1,600 o $1,875 o $500

3. Evening Events

o $345 o $595

Late

(after 6/04/10)

Price

Northeast Conference

Self

Consumer Forum

Self tickets required)

$50 o* o* $15 $75 $25 Free $85 $25

o* o* o* o* o*

#of Tickets

Guest Tickets (please indicate # of

o* o* o* o* o*

________ ________ ________ ________ ________ ________ ________

5. Guest Information (If Applicable)

4a. Optional Events Friday:

Price

Golf Tournament Handicap_______ Tour de ABI Please check box for bike rental. Tennis Tournament Wellfleet Art Gallery Tour Seal Watch Board Game Mania!

$150

________

FREE o FREE $35 $40 FREE

________ ________ ________ ________ ________ ________

4b. Optional Events Saturday:

Price

#of Ticket

Charter Fishing Kayak Outing Horseback Riding Volleyball Tournament Karaoke Lounge

$65 $35 $35 FREE $20

________

List as: __________________________________

________ ________ ________

o Yes, I’d like to contribute to the ABI Endowment Fund. o $50 o $100 o $250 o Other $ ______ o Yes, I’d like to make a pledge. Please contact me regarding billing.

1. Guest Name ________________________________________ 2. Guest Name________________________________________ Please attach additional page if more than 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. ABI Membership Renewal (Optional) Regular Govt./Academic/Nonprofit

o $275 $ ________ o $95 $ ________

7. ABI Endowment Fund (Optional)

8. ABI Going Green

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


9a. CLE Programs

FRIDAY, JULY 9

SATURDAY, JULY 10

Northeast Consumer Forum o Mortgages! Mortgages! Mortgages!

Northeast Consumer Forum o The Supreme Court Takes On Consumer Bankruptcy (and the Unintended Consequences)

8:30-10:00 a.m.

Northeast Bankruptcy Conference Concurrent Sessions I o Real Estate Loan Enforcement and Workouts in a Securitized World o The Assault on the Secured Creditor o Current Controversies in Bankruptcy Sales o Reorganizing in Chapter 7, Compositions, Trust Mortgages and Other Alternatives to Chapter 11 o Pig or Hog: Ethical Issues Revised by the Employment and Compensation of Professionals o Is the PBGC Next? Retirement Plans and the Chapter 11 Debtor

10:30 a.m.-12:00 noon Northeast Consumer Forum o Mortgages! Mortgages! Mortgages! Northeast Bankruptcy Conference Concurrent Sessions II o What’s Old Is New Again: A Case Study of Pilgrim’s Pride o Bankruptcy Appeals: Best Practices o Surviving Dispositive Motions in Bankruptcy o Debtor’s Guide to Drafting and Negotiating Workout Proposals with Secured Lenders o Need for Speed: Prepackaged and Prenegotiated Plans o Trial Tactics and Strategies in Bankruptcy Court Litigation

8:30-10:00 a.m.

Northeast Bankruptcy Conference Concurrent Sessions I o What’s Old Is New Again: A Case Study of Pilgrim’s Pride o Bankruptcy Appeals: Best Practices o Surviving Dispositive Motions in Bankruptcy o Debtor’s Guide to Drafting and Negotiating Workout Proposals with Secured Lenders o Need for Speed: Prepackaged and Prenegotiated Plans o Trial Tactics and Strategies in Bankruptcy Court Litigation

10:30 a.m.-12:00 noon Northeast Consumer Forum o Individual Chapter 11s Are Not Just Big Chapter 13s Northeast Bankruptcy Conference Concurrent Sessions II o Real Estate Loan Enforcement and Workouts in a Securitized World o The Assault on the Secured Creditor o Current Controversies in Bankruptcy Sales o Reorganizing in Chapter 7, Compositions, Trust Mortgages and Other Alternatives to Chapter 11 o Pig or Hog: Ethical Issues Revised by the Employment and Compensation of Professionals o Is the PBGC Next? Retirement Plans and the Chapter 11 Debtor

4:00-5:15 p.m.

o Seaside Chat

SUNDAY, JULY 11 8:30-10:00 a.m.

o Forum Most Conveniens: Judges Panel 9b. Continuing Education Credit

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

10. Payment

TOTAL $______________

o Check payable to American Bankruptcy Institute enclosed. o

e

o

y

o

w

Acct. No. _ ______________________________________________________________ Exp. Date _ ______________ Signature ______________________________________________________________________________________


A FULL LIBRARY OF PUBLICATIONS WRITTEN BY MEMBERS

Jumpstart

Your Learning Experience!

Order Your Copy of COMMERCIAL FRAUD MANUAL A special project of ABI’s Commercial Fraud Task Force, the Commercial Fraud Manual is a must-have for any insolvency professional—lawyer, accountant, fraud examiner or otherwise. Sooner or later, most insolvency professionals must confront fraud issues, and this Manual provides the framework and vocabulary necessary to understand, confront and defeat these issues. Written by Eugene S. Becker, Margaret A. Daley, Daniel S. Dooley, Michael Goldman, Richard S. Lauter, David P. Leibowitz and Eric S. Rein, the Manual explains different types of fraud, the mechanics of forensic investigations and computer forensics, the legal response to fraud and international fraud remedies, concluding with a discussion of the major fraud cases in 2009. Softbound, 174 pages.

This and a variety of other titles can be purchased through ABI’s online bookstore

www.abiworld.org/abistore $35 Member Price

Anthony H.N. Schnelling

ENDOWMENT FUND The ABI Anthony H.N. Schnelling Endowment Fund was created in 1989 to provide resources for research and education. Projects eligible for funding 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; scholarships or other educational grants; and any other projects with a material research or educational benefit to the bankruptcy and insolvency community. More than $1 million has been distributed. Contributions are tax deductible. The ABI Endowment is a 501(c)(3) tax-exempt organization.

To donate to the fund, please check the appropriate box on the registration form or contact: P.O. Box 34709 • Alexandria, VA 22334-0709 • Call: (703) 739-0800 • Fax: (866) 921-1027

online: http://endowment.abi.org


Up to 8.75 hours of CLE/10 .5 hours of CPE credit is available including, 1.5 hours of ethics at the Northeast Bankruptcy Conference! Up to 6 hours of CLE/ 7 hours of CPE credit is available at the Northeast Consumer Forum!

register online at www.abiworld.org/NE10

44 Canal Center Plaza Suite 400 Alexandria, VA 22314

NEBC July 8~11, 2010 NECF July 8~10, 2010

Ocean Edge Resort, Brewster, Mass.

17thANNUAL NORTHEAST BANKRUPTCY CONFERENCE 5thANNUAL NORTHEAST CONSUMER FORUM

2010 Northeast Bankruptcy Conference  

Brochure for ne10