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Featuring the Views of 17 Bankruptcy Judges

17th Annual

Central States

Bankruptcy Workshop

June 17~20, 2010

Grand Traverse Resort and Spa Traverse City, Mich.


Welcome

Annual Central States Bankruptcy Workshop On behalf of our distinguished faculty and Advisory Board, we are pleased to invite you to attend the 17th Annual American Bankruptcy Institute Central States Bankruptcy Workshop being held at the beautiful Grand Traverse Resort & Spa, the highest-rated full-service resort facility in Northern Michigan. Located on the shores of Lake Michigan, the Grand Traverse Resort & Spa invites attendees to bring along the family to enjoy this beautiful area. The warm sand at the Shores Beach Club welcomes all to soak up the sun, set sail on a catamaran, windsurf or charter a sailing vessel. Wave runners, pedal boats and parasailing provide plenty of excitement the whole family will enjoy. If you’d like a break from relaxing on Traverse City’s beaches, there are plenty of other activities available. Be sure to explore the many options: golf, wineries, fishing, hiking and more! Visit some of the many art galleries. Take in a museum. Play mini-golf or drive a go-kart on a race track. Ride a restored antique carousel. Stroll though the vibrant downtown shopping district. Enjoy world-class dining. There’s no end to the action in Traverse City! For more information on Traverse City and its environs, go to www.visittraversecity.com.

Attendees receive a choice of one of the following ABI publications: • Thorny Issues in Consumer Bankruptcy Cases • Bankruptcy Issues for Commercial Landlords, Tenants and Mortgagees, Second Edition • Health Care Insolvency Manual, Second Edition

PRESIDENTIALPARTNERS


17 th Annual Central States Bankruptcy Workshop Program

THURSDAYJUNE 17 9:00 a.m.-5:00 p.m.

9:15-10:30 a.m.

Sponsored by Moglia Advisors

Concurrent Sessions (5) The Evolving Chapter 11: Current and Future Issues in Chapter 11 Cases Creative plan provisions; Is §363 the new §1129?; Do financing orders go too far in protecting the rights of secured creditors?; May a secured creditor “gift” its collateral to any party it chooses? u Ronald S. Barliant

6:00-8:00 p.m.

u David G. Dragich

Opening Reception

Harrington, Dragich PLLC; Grosse Pointe Woods, Mich.

Sponsored by Baker Tilly Virchow Krause, LLP, Freeborn & Peters LLP and O’Keefe & Associates

u Hon. Pamela S. Hollis

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

FRIDAYJUNE 18 7:30-9:00 a.m.

Alvarez & Marsal; Chicago

American Board of Certification Exams

3:00-6:00 p.m.

Optional Event: Young & New Members Brewpub Crawl

Breakfast

Sponsored by Grant Thornton LLP

7:45-8:00 a.m.

Welcome by ABI Central States Program Chair Doug Lutz u Frost Brown Todd, LLC; Cincinnati

8:00-9:00 a.m.

ABI Past President’s Panel: Current Hot Bankruptcy Topics

Goldberg Kohn Bell Black Rosenbloom & Moritz, Ltd.; Chicago

u Steven R. Kotarba u Kenneth Munn

BBK; Southfield, Mich.

Have You Noticed that Your Neighbor’s in Bankruptcy? High-Income Consumer Debtor Cases The recession has resulted in more formerly high-income executives, real estate developers and business owners filing individual bankruptcy cases. Chapter 7, 13 and 11 issues for high-income individuals include ethics, exemptions and discharge issues as well as chapter 11 pitfalls for consumer attorneys u Charles D. Bullock Stevenson & Bullock, PLC; Southfield, Mich.

Sponsored by the Anthony H.N. Schnelling Endowment Fund

u Terry E. Hall

Shaw Gussis Fishman Glantz Wolfson & Towbin LLC; Chicago

u Hon. J. Philip Klingeberger

Vorys, Sater, Seymour and Pease LLP; Columbus, Ohio

u Gregory K. Stern

u Robert M. Fishman

u Reginald W. Jackson u Michael P. Richman

Baker & Daniels LLP; Indianapolis

U.S. Bankruptcy Court (N.D. Ind.); Hammond Gregory K. Stern, P.C.; Chicago

Patton Boggs LLP, New York

u Problems, Problems, Problems (Special Workshop Track) u The Workshop offers alternative special workshops this year, one for business bankruptcy and one for consumer bankruptcy. During each workshop, the facilitator will moderate a discussion among all of the participants on several hypothetical problems, which the participants will receive in advance to study (remember law school?). The discussions are expected to be challenging and stimulating. Advance registration for these alternative workshops is required, and space is limited: Only the first 10 registrants for each workshop will be accepted. Please check the appropriate box on the CLE page.


Program {continued} Gunslinger, Diplomat, Savior or Something Else? The Committee’s Role in Today’s Chapter 11 Roles of creditors’ committees in cases where there is not a true reorganization; How can a creditors’committee gain leverage in a sale case with an undersecured lender?; Ethical issues to obtain representation; Role of financial advisors in these types of cases; How does a financial advisor add value over and above the debtor’s financial advisor? u Bernadette M. Barron

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

Sponsored by Wolfson Bolton, PLLC

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

Freeborn & Peters LLP; Chicago

Concurrent Sessions (5) Fitting a Square Peg into a Round Hole: Deciding Which Case a Consumer Debtor Files Fact patterns and analysis in deciding which chapter a consumer debtor should file under; §707(b)(3) issues u Barry A. Chatz

U.S. Bankruptcy Court (E.D. Mich.); Detroit

u Hon. Jacqueline P. Cox

Calfee Halter & Griswold LLP; Cleveland

u Monica Kindt

Jaffe Raitt Heuer & Weiss, P.C.; Southfield, Mich.

u John C. Lange

Morris Anderson & Associates, Ltd.; Chicago

u Richard S. Lauter

u Hon. Marci B. McIvor

Arnstein & Lehr; Chicago

u Jean R. Robertson

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

u Jay L. Welford

Assistant U.S. Trustee; Cincinnati

Circuit Splits in Consumer Cases Circuit splits for consumer chapter 7 and 13 issues focusing on 6th and 7th Circuit cases u David W. Allard

Gold Lange & Majoros, PC; Southfield, Mich.

u Claire Ann Resop

The Never-Ending Story II: The Continuing Demise of the Real Estate Business Office buildings, hotels and construction projects gone broke; Singleasset real estate issues; State court receiver and other state law remedies; §543 issues, §1111(b) elections; Confirmation of real estate plans, automatic stay relief u Donald J. Hutchinson

u Hon. Jack B. Schmetterer

u Michael L. Molinaro

Allard & Fish, P.C.; Detroit

u Mary Ann (“Mickey”) Rabin Rabin & Rabin Co. LPA; Cleveland

von Briesen & Roper, SC; Madison, Wis.

Miller Canfield; Detroit

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

Loeb & Loeb; Chicago

The Next (Tidal) Wave of Cases: Health Care Restructurings and Insolvencies u Dalton T. Edgecomb

O’Keefe & Associates; Bloomfield Hills, Mich.

Huron Consulting Group; New York

u Pat M. O’Keefe

u Hon. Phillip J. Shefferly

U.S. Bankruptcy Court (E.D. Mich.); Detroit

u Phil Robinson

Nondischargeability: When Is Fraud Really Fraud?, and Other Discharge Issues Update on nondischargeability issues under §§523 and 727, including a litigation perspective u Michael S. Leib

u Hon. John H. Squires

u David A. Lerner

u C. Daniel Motsinger

Krieg DeVault, LLP; Indianapolis

u Shawn M. Riley

McDonald Hopkins LLC; Cleveland Grant Thorton; Chicago

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

Problems, Problems, Problems Workshops Consumer Moderator: u Prof. John A.E. Pottow University of Michigan Law School; Ann Arbor

Business Moderator: u Hon. Arthur I. Harris

U.S. Bankruptcy Court (N.D. Ohio); Cleveland

Maddin Hauser Wartell Roth & Heller P.C.; Southfield, Mich. Plunkett Cooney; Bloomfield Hills, Mich.

u Hon. Lawrence S. Walter

U.S. Bankruptcy Court (S.D. Ohio); Dayton

u Mark A. Warsco

Rothberg Logan & Warsco LLP; Fort Wayne, Ind.


Mini-Madoffs and Other Business Fraud Cases Representing the bankruptcy estate and creditors in business fraud cases; Appointments of trustees and examiners, Ponzi scheme issues, false-profit clawbacks, receivers; Tracing the money u Carrianne J. Basler

SATURDAYJUNE 19 7:30-9:30 a.m.

u Hon. James D. Gregg

Jaunty Judicial Debates u Anne B. Miller (Moderator)

AlixPartners; Chicago

U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids

u David P. Leibowitz

Lakelaw/Leibowitz Law Center; Waukegan, Ill.

u Alex D. Moglia

Moglia Advisors; Schaumburg, Ill.

Chapter 13 from A to Z Valuation issues; Loan modifications in chapter 13; Attorney fees, ethical issues; Is there a future for chapter 13? u Horace Fox, Jr. Lehman & Fox; Chicago

u Hon. Daniel S. Opperman

U.S. Bankruptcy Court (E.D. Mich.); Bay City

u Mary K. Viegelahn

Chapter 13 Trustee; Kalamazoo, Mich.

Problems, Problems, Problems Workshops Consumer Moderator: u Hon. Keith M. Lundin U.S. Bankruptcy Court (M.D. Tenn.); Nashville

Business Moderator: u Hon. Steven W. Rhodes

U.S. Bankruptcy Court (E.D. Mich.); Detroit

12:00 noon

Family Picnic Sponsored by MorrisAnderson & Associates, Ltd. and Shaw Gussis Fishman Glantz Wolfson & Towbin LLC

1:00 p.m.

Golf Tournament Sponsored by AlixPartners LLP and Baker & Daniels LLP

5:00-6:00 p.m.

Friday Night GCG Cocktail Reception Sponsored by The Garden City Group

6:00-10:00 p.m.

Cherry Capital Dine-Around and Sleeping Bear Nightcap Reception Sponsored by Amherst Partners, LLC, Arnstein & Lehr, LLP, Greenberg Traurig, LLP, McDonald Hopkins LLC and Silverman Consulting

Breakfast

Sponsored by Alvarez & Marsal

8:00-9:30 a.m.

Central States Advisory Board Chair; Chicago

1. Resolved: Chapter 11 cases should be filed in the State in which the debtor has its principal place of business. u Hon. Steven W. Rhodes U.S. Bankruptcy Court (E.D. Mich.); Detroit

u Hon. Mary Ann Whipple

U.S. Bankruptcy Court (N.D. Ohio); Toledo

2. Resolved: The Bankruptcy Code should be amended to bar the use of bankruptcy petition preparers. u Hon. Thomas J. Tucker U.S. Bankruptcy Court (E.D. Mich.); Detroit

u Hon. Lawrence S. Walter

U.S. Bankruptcy Court (S.D. Ohio); Dayton

3. Resolved: BAPCPA (ยง503(c)) has been ineffective in reducing executive compensation in chapter 11 cases. u Hon. Robert D. Martin Chief Judge, U.S. Bankruptcy Court (W.D. Wis.); Madison

u Hon. Jeffrey R. Hughes

U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids (Viewpoints expressed by debaters are not necessarily their own.)

9:30-10:45 a.m.

Repeat Concurrent Workshops (5) Fitting a Square Peg into a Round Hole: Deciding Which Case a Consumer Debtor Files The Never-Ending Story II: The Continuing Demise of the Real Estate Business Nondischargeability: When Is Fraud Really Fraud?, and Other Discharge Issues Mini-Madoffs and Other Business Fraud Cases Chapter 13 from A to Z Problems, Problems, Problems (Businsess) Problems, Problems, Problems (Consumer)

10:45-11:00 a.m. Coffee Break

Sponsored by Goldberg Kohn Bell Black Rosenbloom & Moritz, Ltd.


Program {continued} 11:00 a.m.-12:15 p.m.

Repeat Concurrent Workshops (5) The Evolving Chapter 11: Current and Future Issues in Chapter 11 Cases Have You Noticed that Your Neighbor’s in Bankruptcy? High-Income Consumer Debtor Cases Gunslinger, Diplomat, Savior or Something Else? A Creditors’ Committee’s Role in Today’s Chapter 11 Cases Circuit Splits in Consumer Cases The Next (Tidal) Wave of Cases: Health Care Restructurings and Insolvencies Problems, Problems, Problems (Businsess) Problems, Problems, Problems (Consumer)

1:00-5:00 p.m.

Tennis Tournament Sponsored by Frost Brown Todd, LLC

Old Mission Peninsula Wine Tour Sponsored by Orlans Associates PC

3:00-5:00 p.m.

Fishing Tournament on Lake Michigan

6:30-7:30 p.m.

Outdoor Cocktail Party Sponsored by Harris Williams & Co., IWIRC, Neal & Leroy, LLC and Zifkin Realty Management LLC

7:30-9:30 p.m.

Speaker/Sponsor Dinner (by invitation only) Sponsored by Bankruptcy Insurance Solutions

9:00-11:00 p.m.

Lakeside Bonfire Sponsored by the Grand Traverse Resort and Spa

SUNDAYJUNE 20 8:30-10:00 a.m.

Breakfast Presentation: Breakfast with a Judge Sponsored by Huron Consulting Group

Featuring the Judges of the Central States Bankruptcy Workshop, including: u Hon. Jacqueline P. Cox U.S. Bankruptcy Court (N.D. Ill.); Chicago u Hon. James D. Gregg U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids u Hon. Arthur I. Harris U.S. Bankruptcy Court (N.D. Ohio); Cleveland u Hon. Pamela S. Hollis U.S. Bankruptcy Court (N.D. Ill.); Chicago u Hon. Jeffery R. Hughes U.S. Bankruptcy Court (W.D. Mich.); Grand Rapids u Hon. Philip Klingeberger U.S. Bankruptcy Court (N.D. Ind.); Hammond u Hon. Keith M. Lundin U.S. Bankruptcy Court (M.D. Tenn.); Nashville u Hon. Robert D. Martin U.S. Bankruptcy Court (W.D. Wis.); Madison u Hon. Marci McIvor U.S. Bankruptcy Court (E.D. Mich.); Detroit u Hon. Daniel S. Opperman U.S. Bankruptcy Court (E.D. Mich.); Bay City u Hon. Steven W. Rhodes U.S. Bankruptcy Court (E.D. Mich.); Detroit u Hon. Phillip J. Shefferly U.S. Bankruptcy Court (E.D. Mich.); Detroit u Hon. Jack B. Schmetterer U.S. Bankruptcy Court (N.D. Ill.); Chicago u Hon. John H. Squires U.S. Bankruptcy Court (N.D. Ill.); Chicago u Hon. Thomas J. Tucker U.S. Bankruptcy Court (E.D. Mich.); Detroit u Hon. Lawrence S. Walter U.S. Bankruptcy Court (S.D. Ohio); Dayton u Hon. Mary Ann Whipple U.S. Bankruptcy Court (N.D. Ohio); Toledo

10:00 a.m. Adjourn

EXECUTIVEPARTNERS


Optional Events Young & New Members Brewpub Crawl Thursday, June 17, 3:00-6:00 p.m. Sponsored by Moglia Advisors

Traverse City boasts some of Michigan’s premiere breweries. Come crawl three of the best ! Get it fresh from the taps as we visit North Peak Brewery, Mackinac Brewery and Right Brain Brewery. The cost is $50 per person and includes transportation to and from the resort, guide and sampler flights at all stops. The bus will deliver you directly to the opening reception, where you will have a hefty head start on all other attendees. Mark the appropriate box on the registration form. Family Picnic/Barbeque Friday, June 18, 12:00 noon Sponsored by MorrisAnderson & Associates, Ltd. and Shaw Gussis Fishman Glantz Wolfson & Towbin LLC

Bring the kids (young and old) for burgers, hot dogs, ice cream and beverages. Kid-friendly entertainment will be provided. Mark the appropriate box on the registration form. Golf Tournament Friday, June 18, 1:00 p.m. Sponsored by AlixPartners LLP and Baker & Daniels LLP

The shotgun golf tournament will begin promptly at 1:00 p.m. at the resort’s “Bear” course, designed by Jack Nicklaus. Golfers of all skill levels—beginners too—are encouraged to play. Greens fees are $135 per person (includes cart). To play, mark the appropriate box on the registration form, indicate your handicap and include payment. Cherry Capital Dine-Around and Sleeping Bear Nightcap Reception Friday, June 18, 6:00-10:00 p.m. See the following page for a full listing of participating restaurants. Tennis Tournament Saturday, June 19, 1:00-5:00p.m. Sponsored by Frost Brown Todd, LLC

New this year! Grand Traverse Resort & Spa is consistently named in the “Top 50 Tennis Resorts” by Tennis Magazine. Facilities include five indoor and four outdoor tennis courts surfaced with Deco-Turf II, the same surface at the U.S. Tennis Center and Arthur Ashe Stadium in Flushing Meadows, N.Y., site of the annual United States Open Tennis Championships. The resort boasts a six-person tennis staff that includes four USPTA-certified teaching professionals, led by Christopher “Mick” Michalowski, USPTA Michigan Tennis Professional of the Year. Round-robin format. $40 per player includes lunch, prizes and tournament fee. Please check the appropriate box on the registration form. Old Mission Peninsula Wine Tour Saturday, June 19, 1:00-5:00p.m. Sponsored by Orlans Associates PC

An annual favorite! Depart for the Old Mission Peninsula and enjoy an afternoon of winery tours and tastings. Your first stop will be to sample the wines at Peninsula Cellars, followed by the multiple medal-winning Brys Estate. Chateau Chantal is next, with its breathtaking views of East and West Bays. Continuing up the peninsula, you will stop for a photo op at the Old Mission Lighthouse, then begin the trip back down the peninsula, making a stop at family-run Bower’s Harbor, and lastly, Chateau Grand Traverse, with it’s 100 percent European vinifera vineyards. Space is limited. Price is $50 per person and includes transportation and admission to all wineries and attractions. Fishing Tournament on Lake Michigan Saturday, June 19, 3:00-5:00 p.m. Whether you are a novice fisherman or a seasoned angler, if you are looking for an afternoon of fun on the water, you will not be disappointed! Lake Michigan’s captains will put you in the middle of the action. The $90-per-person fee includes round-trip transportation from the Grand Traverse Resort & Spa, all boat fees and gratuities, drinks and a $250 cash purse. All boats have restroom facilities, but remember to bring a sweater or jacket, soft-soled deck shoes and a strong back for fighting the “Big One”! Please check the appropriate box on the registration form.


Optional Events {continued} Cherry Capital Dine-Around and Sleeping Bear Nightcap Reception Sponsored by Amherst Partners, LLC, Arnstein & Lehr, LLP, Greenberg Traurig, LLP, McDonald Hopkins LLC and Silverman Consulting

Get out and sample some of the area’s finest restaurants! Transportation will be provided to and from the Grand Traverse Resort. Space is limited to 25 participants per restaurant; cost is $50 per person. Upon your return, gather with your fellow gastronomiques to compare tasting notes at the Sleeping Bear Nightcap Reception, which is included in the $50 cost. (For those who wish to attend ONLY the Sleeping Bear Nightcap Reception, the cost is $25 per person.) Check the appropriate box on the registration form, and please indicate your preferred restaurant.

Boathouse Restaurant Nestled on the shores of beautiful Bower’s Harbor, the Boathouse takes advantage of its delightful view of the docks and bay with wide open windows and summer deck. Chef Eric Nittolo pays attention to the entire plate, combining flavor, texture and presentation with unique ingredients like Kobe beef or ancient grains that are guaranteed to delight and surprise the palate. www.boathouseonwestbay.com Trattoria Stella What would happen if smart, dedicated, passionate people started a restaurant with the goal of simply doing something great? What if they located the best sources for food, sought out the finest wines in the world, and built a staff of like-minded individuals who put quality ahead of the bottom line? And then, to make things interesting, what if they settled into the basement of an abandoned asylum (Scooby Doo episode #43, anyone?)? Fueled by vigor, positive attitude and a whole lot of hope, this is exactly what restauranteurs Amanda and Paul Danielson, and Executive Chef Myles Anton have done… to award–winning results. www.stellatc.com Pearl’s New Orleans Kitchen New Orleans cuisine is a rich melting pot of influences and ingredients–formed from French roots, livened with Spanish spices, inspired by African vegetables, Caribbeanized by West Indian hands, laced with black pepper and pork by the Germans, infiltrated with potatoes by the Irish, and blasted by garlic and tomatoes by the Italians–and Pearl’s embraces the roots of both Cajun (rural) and Creole (city) styles of cooking. Learn the proper way to eat a crawfish, enjoy a New Orleans-style Po’ Boy sandwich, or step out and try some blackened alligator! June is Crawfish Fest at Pearl’s, with fresh live crawfish flown in daily from the Bayou. Chef J.W. Pasco will be cookin ‘em up every which way: Crawfish Boil, Crawfish Cakes, Crawfish–Smothered Catfish and lots of other tasty combinations. www.magnumhospitality.com/pearls Hanna Bistro | Bar Executive Chef Carrie Trogan draws her inspiration from the bounty of fresh ingredients available. Fresh Hawaiian fish flown in daily, house-aged steaks cut to order, handmade pastas… quality ingredients prepared simply, allowing the rich flavors to shine through. Schooled at the Illinois Institute of Art culinary school in downtown Chicago, she has cheffed around the globe, amassing expertise in a variety of cuisines–Mediterranean, French, Southwestern and South American–all of which she brings to the stellar menu. www.hannabistrobar.com Red Ginger Enjoy the best sushi and Asian-inspired menu in Northern Michigan. After study at the Culinary Institute of America in New York and successful endeavors in New York and San Francisco, Chef/ Owner Dan Marsh brought his skills to Grand Traverse Bay. While he is well–versed in many different cuisines, he has always been passionate about Asian food. But this in no typical Asian restaurant. “We wanted to bring a modern Asian flair to Red Ginger,” says Chef Marsh, “but we wanted the customer to have the opportunity to have a great steak as well.” Unwind at Red Ginger’s stylish sushi bar or socialize over drinks and dinner in a relaxed contemporary atmosphere. www.eatatginger.com


17 th Annual Central States Bankruptcy Workshop Chairs

Hon. Marci McIvor, Judicial Chair

Hon. John H. Squires, Judicial Board Chair

Douglas L. Lutz, Program Chair

Anne B. Miller, Advisory Board Chair

U.S. Bankruptcy Court (E.D. Mich.); Detroit Frost Brown Todd LLC; Cincinnati

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

17 th Annual Central States

Bankruptcy Workshop Advisory Board Bernadette M. Barron

Thomas A. Morrow, Sponsor Co-Chair

Winnifred P. Boylan

C. Daniel Motsinger

MorrisAnderson; Chicago

Lambert, Leser, Isackson, Cook & Giunta, PC; Bay City, Mich.

Matthew T. Gensburg

Greenberg Traurig, LLP; Chicago

Stuart A. Gold

Gold Lange & Majoros, PC; Southfield, Mich.

John T. Gregg

Barnes & Thornburg LLP; Grand Rapids, Mich.

Stephen M. Gross

McDonald Hopkins LLC; Bloomfield Hills, Mich.

Terry Hall

Baker & Daniels LLP; Indianapolis

Jeffrey A. Hokanson

Hostetler & Kowalik, PC; Indianapolis

Hon. Pamela S. Hollis

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

Richard E. Kruger, Sponsor Co-Chair Jaffe, Raitt, Heuer & Weiss, PC; Southfield, Mich.

Richard S. Lauter

Freeborn & Peters LLP; Chicago

Barry Lefkowitz

Baker Tilly Virchow Krause, LLP; Southfield, Mich.

Laura Marcero

Grant Thornton LLP; Southfield, Mich.

Hannah J. McCollum

Gold Lange & Majoros, PC; Southfield, Mich.

Alex D. Moglia

Moglia Advisors; Schaumburg, Ill.

AlixPartners LLP; Southfield, Mich. Krieg DeVault LLP; Indianapolis

Richard D. Nelson

Cohen, Todd, Kite & Stanford, LLC; Cincinnati

Kathryn Pamenter The Garden City Group, Inc.; Chicago

David M. Powlen

Barnes & Thornburg LLP; Indianpolis

Steven L. Rayman

Rayman & Stone; Kalamazoo, Mich.

Claire Ann Resop

von Briesen & Roper, SC; Madison Wis.

Hon. Steven W. Rhodes

U.S. Bankruptcy Court (E.D. Mich.); Detroit

Shawn M. Riley

McDonald Hopkins LLC; Cleveland

Hon. Phillip J. Shefferly

U.S. Bankruptcy Court (E.D. Mich.); Detroit

Paul G. Swanson

Steinhilber, Swanson, Mares, Marone & McDermott Oshkosh Wis.

Sheryl L. Toby Dykema; Detroit

Elizabeth Vrato

The Garden City Group, Inc.; Melville N.Y.

Robert A. Weisberg

Carson Fischer, PLC; Bloomfield Hills, Mich.

Hon. Mary Ann Whipple

U.S. Bankruptcy Court (N.D. Ohio); Toledo


17 th Annual Central States Bankruptcy Workshop Sponsors

Platinum Sponsors ($7,500) Bankruptcy Insurance Solutions The Garden City Group, Inc.

Godfrey & Kahn SC Goldberg Kohn Bell Black Rosenbloom & Moritz, Ltd. Greenberg Traurig, LLP Harris Williams & Co. Gold Sponsors ($4,000-$7,499) Huron Consulting Group AlixPartners LLP Jaffe, Raitt, Heuer & Weiss, PC Epiq Systems Logan and Company, Inc. Grant Thornton LLP McDonald Hopkins, LLC MorrisAnderson & Associates, Ltd. Mesirow Financial Consulting, LLC Shaw Gussis Fishman Glantz Wolfson & Towbin LLC Moglia Advisors Neal & Leroy, LLC Silver Sponsors ($2,500-$3,999) O’Keefe & Associates Alvarez & Marsal Orlans Associates PC Amherst Partners LLC Plunkett Cooney Arnstein & Lehr LLP RSM McGladrey Baker & Daniels LLP Seabury Group LLC Baker Tilly Virchow Krause, LLP Silverman Consulting Conway MacKenzie, Inc. Varnum, Riddering, Schmidt & Howlett, LLP Dickinson Wright, PLLC Wolfson Bolton PLLC Freeborn & Peters LLP Zifkin Realty Management LLC Frost Brown Todd LLC

Bronze Sponsors ($1,500-$2,499) Aurora Management Baker & Daniels LLP Barnes & Thornberg LLP Cohen, Todd, Kite & Stanford, LLC Erman, Teicher, Miller, Zucker & Freedman, PC Gold Lange & Majoros, PC Hostetler & Kowalik PC Inglewood Associates IWIRC Michigan Network IWIRC National Krieg DeVault LLP Lambert, Leser, Isackson, Cook & Giunta, PC Miller Canfield Paddock and Stone PLC Plante & Moran PLLC Rally Capital Services LLC Start Fresh Today Steinhilber, Swanson, Mares, Marone & McDermott Tressler LLP von Briesen & Roper, SC Warner Norcross & Judd LLP

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: www.abiworld.org/endowment

SPECIAL

THANKS

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


Conference Information HOTELACCOMMODATIONS

The Grand Traverse Resort and Spa is the highest-rated full-service resort facility in Northern Michigan. On the shores of Lake Michigan, the Grand Traverse Resort and Spa invites attendees to bring along the family to enjoy this beautiful area. The warm sand at the Shores Beach Club welcomes all to simply soak up the sun, set sail on a catamaran, windsurf or charter a sailing vessel. Wave runners, pedal boats and parasailing provide plenty of excitement the whole family will enjoy. Away from the beach, attendees can take advantage of golf, tennis, weightlifting, volleyball, aerobics and racquetball. ABI has arranged for special rates of $185 for hotel accommodations, $215 for Tower reservations and $215 for one-bedroom condos. Reservations must be made directly with the resort by May 16, 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 card with your conference information. Rooms are held on a first-come, firstserved basis. ABI cannot guarantee any rooms after the specially rated ABI block is filled. Register today!

GROUND&AIRTRANSPORTATION

Air: The resort is only 10 minutes from Traverse City’s Cherry Capital Airport (TVC). For fare and schedule information and to make reservations, please visit www. aa.com and use promotion code A4360AK, or call 800433-1790. Ground: Call (800) 748-0303 to arrange complimentary airport shuttle service. Avis car rental discounts are available using the Avis Worldwide Discount (AWD) Number (T312999). Call 800-331-1600 or book online at www.avis.com.

CONFERENCEATTIRE

Attire is casual throughout the conference.

CANCELLATIONPOLICY

All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by May 27, 2010. No refunds will be made if notice is received after May 27, 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.

CONTINUINGEDUCATION

Approval for approximately 9 hours of CLE credit, including 1.25 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 9 hours, of which 1.25 hours will apply to legal ethics. *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 set-up. ABI also has reduced rates for government employees, professors, law clerks and students. For information on tuition assistance, send an e-mail to jgood@abiworld.org.

ABCCERTIFICATION The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at the The Grand Traverse Resort and Spa on Thursday, June 17, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and a sample exam can be obtained by calling ABC at (319) 365-2222, by e-mailing assistantdirector@ 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, June 17, from 9:00 a.m.-5:00 p.m. at the The Grand Traverse Resort and Spa. Call (703) 739-1023 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 th Annual Central States Bankruptcy Workshop

FRIDAYJUNE 18 8:00-9:00 a.m.

o Nondischargeability: When Is Fraud Really Fraud?, and Other Discharge Issues

o ABI Past President’s Panel: Current Hot Bankruptcy Topics

Update on nondischargeability issues under §§523 and 727, including a litigation perspective

9:15-10:30 a.m.

o Mini-Madoffs and Other Business Fraud Cases

Concurrent Sessions (5)

o The Evolving Chapter 11: Current and Future Issues in Chapter 11 Cases

Creative plan provisions; Is §363 the new §1129?; Do financing orders go too far in protecting the rights of secured creditors?; May a secured creditor “gift” its collateral to any party it chooses? o Have You Noticed that Your Neighbor’s in Bankruptcy? High-Income Consumer Debtor Cases

The recession has resulted in more formerly high-income executives, real estate developers and business owners filing individual bankruptcy cases. Chapter 7, 13 and 11 issues for high-income individuals include ethics, exemptions and discharge issues as well as chapter 11 pitfalls for consumer attorneys

o Gunslinger, Diplomat, Savior or Something Else? The Committee’s Role in Today’s Chapter 11

Roles of creditors’ committees in cases where there is not a true reorganization; How can a creditors’committee gain leverage in a sale case with an undersecured lender?; Ethical issues to obtain representation; Role of financial advisors in these types of cases; How does a financial advisor add value over and above the debtor’s financial advisor?

o Circuit Splits in Consumer Cases

Circuit splits for consumer chapter 7 and 13 issues focusing on 6th and 7th Circuit cases o The Next (Tidal) Wave of Cases: Health Care Restructurings and Insolvencies o Problems, Problems, Problems (Business) o Problems, Problems, Problems (Consumer)

10:45 a.m.-12:00 noon Concurrent Sessions (5) o Fitting a Square Peg into a Round Hole: Deciding Which Case a Consumer Debtor Files Fact patterns and analysis in deciding which chapter a consumer

debtor should file under; §707(b)(3) issues o The Never-Ending Story II: The Continuing Demise of the Real Estate Business

Office buildings, hotels and construction projects gone broke; Singleasset real estate issues; State court receiver and other state law remedies; §543 issues, §1111(b) elections; Confirmation of real estate plans, automatic stay relief

Representing the bankruptcy estate and creditors in business fraud cases; Appointments of trustees and examiners, Ponzi scheme issues, false-profit clawbacks, receivers; Tracing the money o Chapter 13 from A to Z

Valuation issues: Loan modifications in chapter 13; Attorney fees, ethical issues; Is there a future for chapter 13? o Problems, Problems, Problems (Business) o Problems, Problems, Problems (Consumer)

SATURDAYJUNE 19 8:00-9:30 a.m. o Jaunty Judicial Debates

9:30-10:45 a.m.

Repeat Concurrent Workshops (5) o Fitting a Square Peg into a Round Hole: Deciding Which Case a Consumer Debtor Files o The Never-Ending Story II: The Continuing Demise of the Real Estate Business o Nondischargeability: When Is Fraud Really Fraud?, and Other Discharge Issues o Mini-Madoffs and Other Business Fraud Cases o Chapter 13 from A to Z o Problems, Problems, Problems (Business) o Problems, Problems, Problems (Consumer)

11:00 a.m.-12:15 p.m.

Repeat Concurrent Workshops (5) o The Evolving Chapter 11: Current and Future Issues in Chapter 11 Cases o Have You Noticed that Your Neighbor’s in Bankruptcy? High-Income Consumer Debtor Cases o Gunslinger, Diplomat, Savior or Something Else? A Creditors’ Committee’s Role in Today’s Chapter 11 Cases o Circuit Splits in Consumer Cases o The Next (Tidal) Wave of Cases: Health Care Restructurings and Insolvencies o Problems, Problems, Problems (Business) o Problems, Problems, Problems (Consumer)

SUNDAYJUNE 20 8:30-10:00 a.m.

o Breakfast Presentation: Breakfast with a Judge


17th Annual Central States

Bankruptcy Workshop Registration Form Complete this registration form, make check payable to American Bankruptcy Institute and return to: ABI, P.O. Box 34709 Alexandria, VA 22334-0709, ATTN: CS10. Credit card payments can be faxed to (866) 921-1027. Register online at www.abiworld.org/CS10. Name: ___________________________________________________________ Nickname: _______________________________________________ Title: ____________________________________________________________ Firm/Company: ___________________________________________ Address: _________________________________________________________________________________________________________________ Address: ________________________________________ City: _ ____________________________________ State:____________ Zip:____________ Phone:__________________________________________ Fax:_____________ E-mail:__________________________________________________

CONFERENCERATES

Early Bird Regular Late (postmarked by 4/23/10) (4/24/10-5/28/10) (after 5/28/10) Registration rates include: • Breakfast each day ABI/Member o $575 o $625 o $675 • Opening Reception Thursday Gov’t/Academic/Nonprofit o $375 o $425 o $475 • Friday and Saturday Receptions New Member* o $825 o $875 o $925 • Written materials • Complimentary book from ABI Bookstore Gov’t/Academic/ Nonprofit New Member* o $470 o $520 o $570 *Includes one-year ABI membership for first-time members only - a $275 value! You must be an ABI member to attend. Member Exhibitor Registration** o $1,600 Membership is individual and non-refundable. If your membership has expired, select the member rate and add in your New Member Exhibitor Registration*** o $1,875 membership renewal fee below. **Includes one 6’ table and full registration for one booth representative. Additional Booth Representative o $500 ***Includes one 6’table and full registration for one booth representative AND one-year ABI membership.

GUESTINFORMATION (If Applicable)

1. Guest Name ___________________________________________ 2. Guest Name ________________________________________

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

OPTIONALEVENTS

Price Self Guest 1 Guest 2 Guest 3 Subtotal Young & New Members Brewpub Crawl $50 o o o o ________ Thursday Opening Reception* $40 FREE o o o ________ Family Picnic FREE o o o o ________ Golf Tournament $135 o o o o ________ Handicap(s) _________ Friday Night GCG Cocktail Reception FREE o o o o ________ Cherry Capital Dine-Around $50 o o o o ________ and Sleeping Bear Nightcap Reception o Boathouse Restaurant o Trattoria Stella o Pearl’s New Orleans Kitchen o Hanna Bistro | Bar o Red Ginger (choose one only) Sleeping Bear Nightcap Reception Only $25 o o o o ________ Tennis Tournament $40 o o o o ________ Old Mission Peninsula Wine Tour $50 o o o o ________ Fishing Tournament on Lake Michigan $90 o o o o ________ Saturday Outdoor Cocktail Party* $25 FREE o o o ________ * No cost to registrant. Guests must pay.

ABI ANNUAL MEMBERSHIP RENEWAL (Optional) Regular Govt./Academic/Nonprofit

o $275 o $95

$ ________ $ ________

CONTINUINGEDUCATION CREDIT

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

ENDOWMENTFUND (Optional) List donor 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.

GOINGGREEN

o If you would like to receive the educational materials on thumb drive only, please check this box.

Payment TOTAL $______________ o Check payable to American Bankruptcy Institute enclosed. o

www.abiworld.org/CS10

eo y ow

Acct. No. _______________________________________________________________________ Exp. Date:_________________________________ Signature:_________________________________________________________________________________________________________________


register online at

Up to 9 hours of CLE/10.5 hours of CPE, including 1.25/1.5 hours of ethics, is available.

www.abiworld.org/CS10

44 Canal Center Plaza Suite 400 Alexandria, VA 22314

June 17~20, 2010 • Grand Traverse Resort & Spa • Traverse City, Mich.

Central States Bankruptcy Workshop

17th Annual


17th Annual Central States Bankruptcy Workshop