Program Schedule

 

FORTY FOURTH ANNUAL
SOUTHEASTERN BANKRUPTCY LAW INSTITUTE

MARCH 22 - MARCH 24, 2018

THURSDAY, MARCH 22, 2018 (Morning Session)
8:00 - 9:00

Registration (continued through program) and Continental Breakfast (Registrants only – included in registration fee).

9:00 - 9:05 Welcome
9:05 - 9:45

The Trump Economy: Where it’s going and what it means for bankruptcy professionals. Wall Street seems to love the new administration. Nevertheless, certain segments of the economy are struggling, and Main Street and Wall Street alike are turning a cautious eye. Where exactly is this economy heading, and what can bankruptcy professionals expect as we move into the second year of the Trump Economy? Our opening session will provide a tag-team perspective on these important and intriguing issues.

SPEAKERS: Dr. Roger Tutterow & Prof. Jack Williams

9:45 - 10:45

“What's My Objection?" – How and When to Make Evidentiary Objections. So you think you know all there is to know about making objections at trial? If you’re ready for the challenge (or at least are willing to give it a try), come play “What’s My Objection?” at this session and test your skills at asserting evidentiary objections. Join the panelists in this fun format as we confront the strategic and technical issues associated with making objections.

SPEAKERS: Patricia Redmond, James Sottile, IV, Hon. Mary Grace Diehl & Hon. Frank Santoro
10:45 - 11:05 Coffee Break (Registrants only – included in registration fee)

11:05 - 12:25

BREAKOUT
SESSIONS

Chapter 11 Breakout Session

Financial Distress Autopsy: Business and Legal Issues. This session will unpack multiple financial distress scenarios and examine common causes of, and business and legal responses to, financial distress. What are the early warning signs? How do businesses and the professionals who advise them deal with these issues? When and how do the legal and business perspectives disagree, and how is that conflict effectively managed? Our panel will address these issues and more, and will include valuable perspectives from professionals who have viewed financial distress from multiple angles.

SPEAKERS: Prof. Jack Williams, Reginald Dawson, Hon. Barbara Ellis-Monro & Neville Reid

Consumer Litigation Toolbox Breakout Session

Dischargeability Tax Issues: Threading the Tax Man’s Needle - Will I Have to Pay My Taxes After This Bankruptcy? We all know death and taxes are the only two certainties of life, but your clients really need to know if those past due taxes are discharged! This panel will discuss all the critical tax issues in consumer cases that you need to know. We will look at what types of taxes (and penalties) can be discharged, how to time filing your client’s case to maximize the amount of taxes that are discharged (and avoid malpractice!), what Chapter will benefit your client the most, what constitutes a “return”, valuation of federal and state tax liens, late-filed returns, reporting federal adjustments to the state, the effect an offer in compromise or installment agreement can have on your client’s case, and other hot issues in this confusing area.

SPEAKERS: David Cox, Hon. Susan Barrett & Henry Hildebrand III

12:25 - 1:40

Lunch (Registrants only – included in registration fee)

 

THURSDAY, MARCH 22, 2018 (Afternoon Session)

ELECTIVE PROGRAMS A AND B
Program A (Chapter 11 Workshop)
1:40 - 3:00

Industry Spotlight: Is Traditional Retail Going Out of Business? The list of prominent retailers in the financial crosshairs continues to grow, as once iconic brands are sold and flagship stores are shuttered. This session will examine the complex issues and economic pressures facing traditional retailers in a changing consumer marketplace. Can sellers in brick-and-mortar stores and shopping malls find a new path to profitability through bankruptcy, or will on-line retailers increasingly become consumers’ preferred source for goods? Can the rejection of leases at unprofitable locations move operations from red to black? What is the impact on a landlord when leases are rejected, and how should damages be calculated? How does a debtor maximize the value of existing inventory or secure new inventory from nervous suppliers once the petition is filed? What restrictions does a debtor face in conducting store closing sales? Will gift cards and reward programs retain any value once a case is filed? Are consigned goods returnable, or will the inventory lenders claim an interest? A panel of experts will provide the latest updates on the issues facing this rapidly changing industry.

SPEAKERS: Hon. Paul Bonapfel, William Guerrieri & Patricia Redmond

3:00 - 3:20

Coffee Break (Registrants only – included in registration fee).

3:20 - 4:40

Hands Off My Collateral: The Impact of Bankruptcy on a Wide Range of Financing Structures. As financial markets have evolved, lenders have employed more and more complex and sophisticated financing products and structures, implicating inter-creditor issues and competing lien priorities. This panel will explore these financing structures, and how a borrower's bankruptcy affects lenders' rights against the borrower, against collateral, and with respect to their fellow lenders.

SPEAKERS: Alan Pope, David Eades & Reginald Dawson

4:40 - 6:30

Cocktail Reception (Registrants and Spouses)

Program B (Consumer Workshop)
1:40 - 2:20

Pitfalls in Consumer Cases and How to Avoid them: Pre-Filing Due Diligence. Your client is ready to file bankruptcy. What due diligence do you need to do before you proceed with the filing to keep your client – and yourself! – off the radar of the trustee and the United States Trustee? How should you handle anticipated post-petition tax liabilities and tax refunds? Should your client surrender collateral before filing, or after? How do you handle – and properly claim – kids that live with the debtor only part time? What do you need to do, if anything, to protect a co-signer? How do you deal with transfers of property that the debtor already made to family members or trusts before seeking your counsel? Learn what you need to do to put your client in the best possible position before you hit “file case” on ECF!

SPEAKERS: Lee Roland & Jill Michaux

2:20 - 3:00

Exemptions and Exemption Planning: How to Get Fat Without Getting Slaughtered. Exemptions can be tricky. They’re the key to what the debtor gets to keep and what goes to the bankruptcy estate. This panel will delve into the deep, dark depths of who gets what, with a focus on exemption laws in the Southeast. When is a debtor filing alone allowed to claim a double homestead exemption? When can you use federal exemptions or the exemptions of another state? When can exemptions be amended? Should your exemptions be different based on the Chapter you're filing? How has Law v. Siegel changed everything for the debtors and for the bankruptcy estate?

SPEAKERS: Jill Michaux & Elizabeth Hardy

3:00 - 3:20 Coffee Break (Registrants only – included in registration fee).
3:20 - 4:00

The Holy Grail – a/k/a The Bankruptcy Discharge – How to Protect It and How to Get It Denied. This will be your one stop discharge shop! § 727 and § 523 are your best friend or your worst nightmare, depending on whether you represent the debtor or the creditor. This in-depth panel will give you the tools to help your client regardless of whom you represent. On the § 727 side, we will explore the actions and inactions that can cause a debtor to lose the discharge, and on the § 523 side, we will look at the various reasons a particular debt can be deemed non-dischargeable. We will also discuss how to best represent your client in these types of adversary proceedings.

SPEAKERS: David Cox & Elizabeth Hardy
4:00 - 4:40

Yours, Mine, and Theirs? Property of the Estate Issues. Your clients want to walk away from their bankruptcy with everything they had when they went in … except the debt, of course! This panel will take an in-depth look at what constitutes property of the bankruptcy estate and what is the property of the debtor. What happens if the debtor’s property appreciates after the filing? What if your client is in the middle of a divorce? What about after-acquired property? Is there a duty to file any pleadings with the Court? Figure out what belongs to whom with this panel!

SPEAKERS: Hon. D. Sims Crawford, Sabrina McKinney & John Rao
4:40 - 6:30

Cocktail Reception (Registrants and Spouses)

 

FRIDAY, MARCH 23, 2018 (Morning Session)
8:00 - 9:00

Continental Breakfast (Registrants only – included in registration fee).

9:00 - 9:40

Circuit Splits and the Supremes: Latest Developments in Bankruptcy Issues in the Supreme Court and Circuit Courts. Eric Brunstad will discuss recent Supreme Court opinions and pending Supreme Court cases addressing bankruptcy issues and how those cases will affect our practices. Eric will also explore splits among the Circuits on bankruptcy issues, the likelihood of resolution by the Supreme Court, and implications for consumer and business practitioners.

SPEAKER: Eric Brunstad
9:40 - 10:20

Fraudulent Transfers -The Big Issues. Hear about the latest issues and strategies in fraudulent transfer actions, including escaping the status of “initial transferee” by being characterized as a “mere conduit” without dominion or control; determining the value to the debtor of goods and services that innocently aid the debtor in operating a fraudulent scheme; clawing back tuition payments made by debtor-parents to universities for their adult children; and figuring out whether good-hearted but dim-witted transferees received transfers “in good faith.”

SPEAKERS: Neville Reid & James Sottile, IV
10:20 - 11:00

Judicial Estoppel, Res Judicata, and Collateral Estoppel in Bankruptcy. Learn the key elements of these traditional doctrines and how they impact modern bankruptcy practice, including judicial estoppel of debtors in business cases (taking inconsistent positions) and consumer cases (suing on unscheduled causes of action); res judicata based on confirmed Chapter 11 and Chapter 13 plans; reorganized debtors’ standing post-confirmation to bring avoidance and other civil actions; and collateral estoppel in dischargeability actions by virtue of pre-petition judgments against the debtor.

SPEAKERS: Hon. Paul Bonapfel & Eric Brunstad
11:00 - 11:20 Coffee Break (Registrants only – included in registration fee).

11:20 - 12:40

BREAKOUT
SESSIONS

Chapter 11 Breakout Session

Industry Spotlight: Healthcare Providers in Bankruptcy. It is estimated that healthcare spending in the U.S. will grow by approximately 5.6% annually over the next decade, and by 2025, it will constitute nearly 20% of GDP. Despite this projected growth, an increasing number of healthcare organizations are experiencing financial distress. A changing reimbursement landscape, declining patient volumes, the effects of industry consolidation, shortages of healthcare professionals, and a number of other factors are leading hospitals, nursing homes and other healthcare organizations to consider bankruptcy. This session will discuss current trends in healthcare restructurings, what to expect in the future, state and federal regulatory hurdles and other legal issues faced by the healthcare bankruptcy practitioner, relevant court decisions, and practical aspects of representing debtors and creditors in healthcare bankruptcy cases.

SPEAKERS: Sam Maizel, Hon. Wendy Hagenau & Susan Freeman

Consumer Litigation Toolbox Breakout Session

Consumer Case Law Update: What You Need to Know Before Your Next Appearance. Our distinguished panel discusses the latest in consumer bankruptcy law so that you will be up-to-date and on the cutting edge of your practice before your next appearance before the Court. You know this is the place you’ll learn the most, so don’t miss it!

SPEAKERS: Henry Hildebrand, III & Hon. Mary Grace Diehl

12:40 - 1:40

Lunch (Registrants only – included in registration fee).

 

FRIDAY, MARCH 23, 2018 (Afternoon Session)

ELECTIVE PROGRAMS A AND B
Program A (Chapter 11 Workshop)
1:40 - 3:00

Negotiation Insights: Financing the Case. In this session, we will hear from panelists representing the perspectives of the debtor, the secured creditor, and the creditors committee, focusing on the typical negotiating “asks” and “responses” from each constituent in the context of the use of cash collateral and DIP financing. We will discuss the key areas of debate and the different ways those debates play out in the negotiation process – including a highlight of cutting edge issues that receive court approval in some settings, but not in others. If you are interested in the key issues, the mindset of those around the negotiating table, and process that produces either a consensual or contested order on cash collateral or DIP Financing, don’t miss this discussion.

SPEAKERS: David Eades, Alan Pope, Jeff Bjork & William Guerrieri
3:00 - 3:20 Coffee Break (Registrants only – included in registration fee).
3:20 - 4:40

Negotiation Insights: Section 363 Sales. Asset sales in bankruptcy are often a three-ring circus. Competing bidders, competing interests of creditors, and an overarching goal of achieving a fair, and fairly-processed, transaction that maximizes value can create a challenge for all of the key parties to a Chapter 11 case. This panel will examine how these deals get done – from inception of initial negotiations through the closing and funding of the purchase price. Our panelists will unpack the competing motivations of the key players, discuss the give and take on key terms in the negotiation process, and examine the ways that difficult issues are resolved – either through agreement or otherwise.

SPEAKERS: Jeff Bjork, Sam Maizel, Hon. James Sacca & Hon. Frank Santoro

Program B (Consumer Workshop)
1:40 - 3:00

Post Discharge Issues: I Got You Your Discharge. What More Do You Want from Me? You got your clients across the finish line. They got a discharge, and the case is closed. But they’re still calling you! How far does your representation continue after a discharge, and how do you address issues arising after the discharge order? How do you deal with recorded judgment liens? What about those persistent homeowners’ associations? Should your client reaffirm debts before the discharge? How do you best counsel your client about non-dischargeable tax debt? This panel will give you the tools you need to make sure your clients really get the fresh start you promised them!

SPEAKERS: John Rao, Lee Roland & Hon. Wendy Hagenau
3:00 - 3:20 Coffee Break (Registrants only – included in registration fee).
3:20 - 4:00

Classifying and Clarifying the Proof of Claim: Your Most Critical Questions Answered. We all know what goes into a proof of claim and when it needs to be filed. Or do we? This panel will examine the form and substance of the proof of claim form and discuss some of the top mistakes creditors make. They will discuss supporting documents, signature requirement oversights, and the possibility of filing late proofs of claim to achieve the goal of a Chapter 13. You’ll also get the skinny on how to address stale or time- barred claims and what to do with them post Midland. You’ll be the master of claims after this panel!

SPEAKERS: Hon. D. Sims Crawford & Sabrina McKinney
4:00 - 4:40

Security Interests in Consumer Cases: A Guide to Cars, Furniture and Other Collateral. Consensual and non-consensual liens can create unique issues in consumer cases. This session will focus on the security interest enforcement rules and explain how those rules interact with bankruptcy and lender liability issues. We will discuss how the debtor can deal with security interests in Chapter 7 and Chapter 13 and what the creditors’ rights and responsibilities are in each Chapter.

SPEAKER: Michael Sabbath

 

SATURDAY, MARCH 24, 2018 (Morning Session)
8:00 - 9:00

Continental Breakfast (Registrants only – included in registration fee).

9:00 - 10:00

Ethics: Current Developments in Recent Cases. This presentation will discuss current developments in cases concerning professional disclosures, disqualification, sanctions, and other aspects of ethics in bankruptcy practice. It will also cover recent developments about professional fee approval and payment in bankruptcy cases.

SPEAKER: Susan Freeman
10:00 - 11:00

What You Need to Know about Perfection of Financial Assets under Article 9 of the Uniform Commercial Code. Your client wants to secure an obligation with the pledge of a financial asset. Do you know how? Learn about the major categories of financial assets, such as accounts, payment intangibles, general intangibles, chattel paper, and promissory notes, and review the critical rules for perfecting security interests in them by filing financing statements, by possession of collateral or by control agreements.

SPEAKER: Michael Sabbath
11:00 - 11:20 Coffee Break (Registrants only – included in registration fee).
11:20 - 12:20

Professionalism and Social Media: A Sign of the Times. Social media is here to stay and it has become so pervasive that it is impossible to ignore the implication that it has for practicing attorneys. This session will address the intersections of social media and attorney professionalism, with a specific focus on issues that arise in the context of bankruptcy and litigation matters.

SPEAKER: Pro. Jessica Gabel Cino