Issuu on Google+

LOS ANGELES

BANKRUPTCY BATTLEGROUNDWEST

Hyatt Century Plaza Nuts and Bolts: Thursday, March 4 Battleground West: Friday, March 5


Welcome to the 18th ANNUAL AMERICAN BANKRUPTCY INSTITUTE

B A N K R U P T C Y B AT T L E G R O U N D W E S T In its 18th year, ABI’s Bankruptcy Battleground West continues the tradition of bringing seasoned insolvency professionals together to discuss, debate and learn about leading issues of bankruptcy law. This year’s program, “The Perfect Storm: Navigating the Latest Wave of Insolvency,” addresses some of the most intriguing issues that have emerged during the latest insolvency cycle, including the conflicts between intellectual property and bankruptcy law, challenges to the structure of insolvent real estate enterprises, the increasing use of prepackaged and prenegotiated plans as a restructuring strategy, and the re-emergence of litigation challenging lenders, their claims and their reorganization strategies. The program will include a courtroom-style debate featuring several of the leading practitioners in our field, and a look into both the past and the future of the current recession by a renowned economist from the UCLA Anderson Forecast. This is one bankruptcy program you will not want to miss!

Thursday, March 4 NUTS & BOLTS

A STAND-ALONE PROGRAM

9:00-9:15 a.m.

Introductory Remarks Hon. Barry Russell, Judicial Chair U.S. Bankruptcy Court (C.D. Calif.); Los Angeles

9:15-10:30 a.m.

The Basics Part I of the Nuts & Bolts program provides an introduction to the structure and format of the Bankruptcy Code and Bankruptcy Rules, as well as an overview of the provisions of each that are implicated in both individual and corporate bankruptcy filings. Richard W. Brunette, Jr. Sheppard Mullin Richter & Hampton LLP; Los Angeles David B. Golubchik Levene, Neale, Bender, Rankin and Brill, LLP Los Angeles Hon. Barry Russell U.S. Bankruptcy Court (C.D. Calif.); Los Angeles

10:30-10:45 a.m. Coffee Break

10:45 a.m.-12:00 noon

Bankruptcy Motion Practice and Evidence Part II of the Nuts and Bolts program provides practical advice from experienced judges and legal practitioners on the art of motion practice in bankruptcy court, as well as the necessity and use of evidence in bankruptcy court proceedings, and practical advice for practitioners new to bankruptcy practice regarding court appearances. David B. Golubchik Levene, Neale, Bender, Rankin and Brill, LLP Los Angeles Hon. Barry Russell U.S. Bankruptcy Court (C.D. Calif.); Los Angeles

12:00-1:15 p.m.

Networking Lunch The traditional Nuts & Bolts networking lunch provides new bankruptcy professionals the opportunity to mingle with some of Los Angeles’ best-known bankruptcy judges, lawyers, professors and professionals. Sponsored by Kurtzman Carson Consultants

1:15-4:15 p.m.

Business Bankruptcy and Consumer Bankruptcy Tracks Participants can select from afternoon programs focusing alternatively on business bankruptcy and restructuring, or consumer bankruptcy issues.


1:15-2:30 p.m.

A Practical Guide to the Corporate Restructuring Process Delivered by the co-founder of a leading administrative-support solutions firm serving the corporate restructuring community, who has also served as a judicial bankruptcy law clerk and a restructuring attorney in two of the largest bankruptcy practice groups in the nation, this presentation offers a unique global perspective on the business of corporate bankruptcy. The presentation provides an overview of chapter 11 corporate restructuring, including its origins, evolution and key players, with emphasis on the practical aspects of the process. Jonathan Carson Kurtzman Carson Consultants LLC; El Segundo, Calif.

1:15-2:30 p.m.

Consumer Bankruptcy Practices: Part I Taught from the perspectives of practitioners, judges and academics, this session will address issues including counseling the consumer debtor and preparing to file, the “means test,� debtor relief agencies, additional documentation requirements, exemptions and the automatic stay. Hon. Laura Stuart Taylor U.S. Bankruptcy Court (S.D. Calif.); San Diego Edward M. Wolkowitz Robinson, Diamant & Wolkowitz, APC Chapter 7 Panel Trustee (C.D. Calif.); Los Angeles

2:30-2:45 p.m. Coffee Break

2:45-4:30 p.m.

Legal Issues in Business Bankruptcy This session will address in greater depth some of the most important legal issues in business bankruptcy cases, including those relating to cash collateral, financing, asset sales and plan confirmation. Deborah J. Saltzman DLA Piper; Los Angeles Judy B. Sloan Southwestern University Law School; Los Angeles

Consumer Bankruptcy Basics: Part II Again offering an array of perspectives, this session will address issues including lien avoidance, redemption and reaffirmation, proofs of claim, limits on discharge for repeat filers, nondischargeable debts, secured property, choice of chapter and debtor education. Hon. Laura Stuart Taylor U.S. Bankruptcy Court (S.D. Calif.); San Diego Edward M. Wolkowitz Robinson, Diamant & Wolkowitz, APC Chapter 7 Panel Trustee (C.D. Calif.); Los Angeles

4:30-5:30 p.m.

Closing Reception

Friday, March 5 18th ANNUAL BANKRUPTCY BATTLEGROUND WEST

8:00-9:00 a.m.

Breakfast and Registration

The Advisory Board welcomes you to a complimentary continental breakfast

9:00-9:15 a.m.

Welcome by Conference Leadership

9:15-10:30 a.m.

Back to the Future: Bankruptcy Litigation is Back with a Vengeance This program will explore familiar topics that are once again being litigated in bankruptcy courts around the country, including equitable subordination, in pari delicto, deepening insolvency, free and clear sales and sub rosa plans. This panel will consider whether these developments are making bankruptcy a more or less effective remedy for distressed businesses and their creditors. Robert B. Orgel (Moderator) Pachulski Stang Ziehl & Jones LLP; Los Angeles Lisa Hill Fenning Arnold & Porter LLP; Los Angeles Rodger M. Landau Landau & Berger LLP; Los Angeles Teresa McMahon FTI Consulting, Inc; Chicago

10:30-10:45 a.m. Coffee Break

Sponsored by Klee, Tuchin, Bogdanoff & Stern LLP


10:45 a.m.-12:00 noon

Clash of the Titans: Intellectual Property Law Meets Bankruptcy Intellectual property issues are permeating bankruptcy cases more than ever. This panel will explore the interplay between bankruptcy law and intellectual property rights, including the treatment of intellectual property as assets of the estate, or as executory contracts subject to assumption, assignment or rejection; the differences in the treatment of copyright, patent and trademark licenses under the Bankruptcy Code, and the rights that licensors and licensees retain after making section 365(n) elections. Jeffry A. Davis (Moderator) Mintz Levin Cohn Ferris Glovsky and Popeo, P.C.; San Diego David A. Fidler Klee, Tuchin, Bogdanoff & Stern LLP; Los Angeles Katherine C. Piper Steptoe & Johnson LLP; Los Angeles Jane Shay Wald Irell & Manella LLP; Los Angeles

12:00-1:15 p.m.

Luncheon with Keynote Speaker Jerry Nickelsburg, Economist at UCLA Anderson Forecast Speaker sponsored by Allen Matkins Leck Gamble Mallory & Natsis LLP Luncheon sponsored by AlixPartners LLC

Professor Nickelsburg returns to take a critical look at the progress of the economy over the past year, his own analysis and predictions regarding the economy of a year ago, and the future of the economy here in California and throughout the United States.

1:30-2:45 p.m.

Some Like It Prepackaged: Are Prepackaged and Prenegotiated Plans the Wave of the Future? This panel will explore why prepackaged plans and prenegotiated plans are increasingly more common, how they are accomplished, when they are appropriate strategies, and the key elements and timeline of a successful prepackaged or prenegotiated plan. Peter J. Gurfein (Moderator) Akin Gump Strauss Hauer & Feld LLP; Los Angeles Nathan J. Cook AlixPartners LLC; Los Angeles Debra A. Riley Allen Matkins Leck Gamble Mallory & Natsis LLP; San Diego Stephen H. Warren O’Melveny & Meyers LLP; Los Angeles

2:45-3:00 p.m. Coffee Break

Sponsored by Loeb & Loeb LLP

3:00-4:15 p.m.

The Great Debate: When SpecialPurpose Real Estate Vehicle Entities Don’t Serve Their Special Purpose in Bankruptcy Two of the leading practitioners in our field engage in an appellate argument before a panel of U.S. bankruptcy judges addressing the cutting-edge issues arising from the bankruptcies of affiliated real estate entities financed by commercial mortgage-backed securities (“CMBS” loans)—loans that are made to individual special-purpose vehicles (“SPVs”) that are supposed to be “bankruptcy remote” if not “bankruptcy proof.” This debate will address the central issues that flow from this common real estate finance mechanism, including whether the filing of chapter 11 cases by SPVs effectively should be precluded or dismissed as bad-faith filings, whether cases filed by members of an affiliated group of SPV entities should be treated as single-asset real estate cases or a consolidated business enterprise, and whether the use of consolidated cashmanagement systems for such enterprises in chapter 11 constitutes an improper de facto form of substantive consolidation, or whether they can otherwise be challenged by entity-specific secured lenders. PANEL MEMBERS

Richard L. Wynne (Moderator) Jones Day; Los Angeles ADVOCATES

Isaac M. Pachulski Stutman, Treister & Glatt, PC; Los Angeles Joseph A. Eisenberg Jeffer Mangels Butler & Marmaro LLP; Los Angeles JUDICIAL PANEL

Judges to be announced

4:15-6:00 p.m.

Reception sponsored by Landau & Berger LLP and Crowe Horwath LLP


18th ANNUAL

AMERICAN BANKRUPTCY INSTITUTE

B A N K R U P T C Y B AT T L E G R O U N D W E S T ADVISORY B O A R D

CONFERENCE CO-CHAIRS

Debra A. Riley Allen Matkins Leek Gamble Mallory & Natsis LLP Martin R. Barash Klee, Tuchin, Bogdanoff & Stern LLP Jeffrey M. Reisner Irell & Manella LLP

JUDICIAL CHAIR Hon. Barry Russell U.S. Bankruptcy Court (C.D. Calif.)

ADVISORY B O A R D Gary Adelson NachmanHaysBrownstein, Inc. Russell A. Belinsky Chanin Capital Partners Marc Bilbao Imperial Capital LLC William A. Brandt, Jr. Development Specialists, Inc. Richard W. Brunette Sheppard, Mullin, Richter & Hampton LLP Jonathan A. Carson Kurtzman Carson Consultants LLC Nathan Cook AlixPartners LLP Jeffry A. Davis Mintz Levin Cohn Ferris Glovsky and Popeo P.C. Lisa Hill Fenning Arnold & Porter LLP Scott F. Gautier Peitzman, Weg & Kempinsky LLP

Michael H. Goldstein Greenberg Traurig, LLP David B. Golubchik Levene, Neale, Bender, Rankin & Brill L.L.P. Ronald F. Greenspan FTI Consulting Howard Grobstein Grobstein, Horwath & Company LLP Peter J. Gurfein Akin, Gump, Strauss, Hauer & Feld LLP Robbin L. Itkin Steptoe & Johnson LLP Lance Jurich Loeb & Loeb LLP Thomas R. Kreller Milbank, Tweed, Hadley & McCloy, LLP Rodger M. Landau Landau and Berger LLP Gregory O. Lunt Latham & Watkins LLP Robert B. Orgel Pachulski, Stang, Ziehl, Young, Jones & Weintraub PC Victor A. Sahn Sulmeyer Kupetz Prof. Judy B. Sloan Southwestern University School of Law Victor A. Vilaplana Foley & Lardner LLP Marc J. Winthrop Winthrop Couchot PC Richard L. Wynne Jones Day


18th ANNUAL

AMERICAN BANKRUPTCY INSTITUTE

B A N K R U P T C Y B AT T L E G R O U N D W E S T SPONSO R S Breakfast Sponsor

18th Annual ABI Bankruptcy Battleground West Advisory Board

Morning Coffee Break Sponsor Klee, Tuchin, Bogdanoff & Stern LLP

Luncheon Speaker Sponsor

Allen Matkins Leck Gamble Mallory & Natsis LLP

Luncheon Sponsor AlixPartners LLC

Afternoon Coffee Break Sponsor Klee, Tuchin, Bogdanoff & Stern LLP

Reception Sponsors

Landau & Berger LLP and Crowe Horwath LLP

Materials Sponsor

Omni Management Group, LLC

GENERAL ADVISORY BOARD SPONSORS Akin Gump Strauss Hauer & Feld LLP Allen Matkins Leck Gamble Mallory & Natsis LLP AlixPartners LLP Arnold & Porter LLP Buchalter Nemer, PC Chanin Capital Partners, a Duff & Phelps Company Crowe Horwath LLP Development Specialists, Inc. Foley & Lardner LLP FTI Consulting Greenberg Traurig, LLP Grobstein, Horwath & Company LLP Imperial Capital LLC Irell & Manella LLP Jones Day

Klee, Tuchin, Bogdanoff & Stern LLP Kurtzman Carson Consultants, LLC Landau and Berger LLP Latham & Watkins LLP Levene, Neale, Bender, Rankin & Brill L.L.P. Loeb & Loeb LLP Mintz Levin Cohn Ferris Glovsky and Popeo P.C. Milbank, Tweed, Hadley & McCoy LLP NachmanHaysBrownstein, Inc. Pachulski Stang Ziehl & Jones LLP Peitzman, Weg & Kempinsky LLP Sheppard, Mullin, Richter & Hampton LLP Steptoe & Johnson LLP SulmeyerKupetz, APC Winthrop Couchot PC

2010

AMERICAN BANKRUPTCY INSTITUTE

PRESIDENTIAL PARTNER


AMERICAN BANKRUPTCY INSTITUTE

B A N K R U P T C Y B AT T L E G R O U N D W E S T

R E G I S T R AT I O N register online: www.abiworld.org/BBW10 Name_______________________________________________________ Nick Name_ _________________________________________________ Firm/Company_______________________________________________ Title________________________________________________________ Address_____________________________________________________ City________________________________________________________ State __________________Zip__________________________________ Telephone ( )____________________________________________ Fax ( )_ ________________________________________________ E-mail______________________________________________________ CONFERENCERATES

Early Bird Regular Late (postmarked by 1/8/10) (1/9/10 - 2/19/10) (after 2/19/10) o $395 o $445 o $495

ABI Members ABI Gov. / Academic Member Non-Member* Gov. / Academic Non-member*

o $175 o $645 o $270

o $225 o $695 o $320

o $275 o $745 o $370

* Includes a one-year ABI membership for first-time members - a $275 value! Expired members should select the member rate and add in the membership renewal fee below. You must be an ABI member to attend the conference

STANDALONE PROGRAM Nuts and Bolts for Young & New Practioners

o I will attend

Add $125 to attend the Nuts & Bolts program (March 4) In addition to the Bankruptcy Battleground West conference.

Nuts and Bolts for Young and New Practitioners ONLY o $350 CONTINUINGEDUCATION CREDIT

o CLE/CPE (Circle One)

Credit State(s) _______________________________ Bar No. ____________________________________

ABI MEMBERSHIPRENEWAL

Regular Govt./Academic/Nonprofit

$275 $95

$______ $______

CANCELLATIONPOLICY All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by February 11, 2010. No refunds will be made if notice is received after February 11, 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.

PAYMENT TOTAL $____________ o Check payable to American Bankruptcy Institute enclosed. o Charge to Credit Card

oe

oy

ow

Acct. No. _______________________________ Exp. Date __________ Signature___________________________________________________


18th ANNUAL

CONFERENCE INFORMATION AMERICAN BANKRUPTCY INSTITUTE

B A N K R U P T C Y B AT T L E G R O U N D W E S T CONFERE N C E I N F O R M AT I O N

ABOUT ABI

The American Bankruptcy Institute is the nation’s largest association of bankruptcy professionals, with nearly 12,500 members. ABI members represent both debtors and creditors in consumer cases, and more than 75 percent of U.S. bankruptcy judges are ABI members. ABI is the nation’s largest provider of continuing legal education in bankruptcy matters; more than 6,000 members attend programs annually. Founded in 1982, ABI is nonprofit and nonpartisan and is located just outside Washington, D.C.

HOTEL

ABI’s conference hotel is the Hyatt Regency Century Plaza. Reservations may be made by contacting the hotel at (310) 228-1234.

CONTINUING EDUCATION CREDIT

Approval for approximately 5 hours of CLE credit and 6 hours of CPE credit is also available. The stand-alone Nuts & Bolts program is eligible for up to 5.5 hours of CLE credit and 6.5 hours of CPE credit. 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 5 hours. The stand-alone Nuts & Bolts program has been approved for 5 hours of California MCLE credit. ABI offers intermediate to advanced-level courses, which have no prerequisites for attendance. ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN, 37219-2417, or www.nasba.org. For more information regarding administrative policies such as complaint and refund, please contact the American Bankruptcy Institute at (703) 739-0800. ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, ABI may allow the individual to work at the registration area for a few hours during attendee check-in, or assist in conference set up. ABI also has reduced rates for government employees, professors, law clerks and students. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to snelligan@abiworld.org.

QUESTIONS?

Call ABI at (703) 739-0800, or visit ABI World at www.abiworld.org/BBW10. Fax credit card orders to (866) 921-1027, or send completed registration form and payment to: ABI, P.O. Box 34709, Alexandria, VA 22334-0709, Attn. BBW10

register online:

www.abiworld.org/BBW10


Anthony H.N. Schnelling

ENDOWMENT FUND

online: www.abiworld.org/endowment 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) taxexempt organization.

ENDOWMENT&RESEARCH

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

CONTRIBUTION&PLEDGE CARD I support insolvency research and education! Levels of Support: o o o o o o

Century Council Member Lifetime Member* Benefactor Sustaining Member Leadership Club Donor

$25,000 and Greater $10,000 - $24,999 $5,000 - $9,999 $2,000 - $4,999 $1,000 NEW CONTRIBUTION LEVEL $100 - $999

New contributions or pledges at or above the Sustaining Member level will be recognized at the Annual Spring Meeting. 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. * Lifetime members receive a complimentary annual membership upon completed payment of the pledge.

Donor Information

List As:________________________________________________ (as you want it to appear in ABI acknowledgement materials)

Billing Information Contact Name/Firm_ ____________________________________ Address _______________________________________________ City____________________ State_____ Zip _ ________________

My total pledge is $ ____________________________________ Contribution solicited by __________________________________

Payment Options

o Check payable to American Bankruptcy Institute Endowment Fund enclosed. US$ ________ o Bill my credit card o e o y o w Acct. No._____________________ Exp. Date _______________ Signature ______________________________________________ o Please bill me for my gift of US$ _____ o Installment pledge (annual): US$ _____ total pledge over____ years


44 Canal Center Plaza Suite 400 Alexandria, VA 22314

UP TO 5.0 HOURS OF CLE CREDIT AVAILABLE!

register online:

www.abiworld.org/BBW10


Bankruptcy Battlegroud West 2010