31 ST ANNUAL ACBA BANKRUPTCY SYMPOSIUM
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1 UP TO 6 CLE CREDITS 31 ST ANNUAL ACBA BANKRUPTCY SYMPOSIUM FRIDAY, DECEMBER 7, A.M. - 5 P.M. THE WESTIN CONVENTION CENTER, PITTSBURGH Presented by the Bankruptcy and Commercial Law Section of the Allegheny County Bar Association The 31 st Annual Western District of Pennsylvania Bankruptcy Symposium offers premier programming on current issues and the opportunity to interact with and hear directly from skilled practitioners and judges. Registration & Continental Breakfast: Program: Holiday Party: CLE Credits: Course Materials: WiFi Login: 8:00 a.m. 8:30 a.m. - 5:00 p.m. Immediately following program This program has been approved for 6 hours of CLE credit. (Choose from 5 hours of Substantive CLE credit and 1 hour of Ethics CLE credit.) Network: Westin_Conference Password: ACB Lunch is provided. The annual Bankruptcy and Commercial Law Section Holiday Party immediately follows the program. Luke A. Sizemore, Esquire, Section Chair Keri P. Ebeck, Esquire, Symposium Chair ACBA Professionalism Statement All members of the Allegheny County Bar Association are expected to act in accordance with the Association s Mission Statement and Code of Professionalism. The behavior of members toward one another and in public should reflect the Association s commitment to equality and diversity. Members are expected to diligently promote and maintain the collegiality and the positive image of the bar at all times. Disparaging language, offensive actions or other conduct which is contrary to the Mission Statement and the Code of Professionalism are unacceptable and will not be tolerated.
2 MORNING PLENARY SESSIONS 8:45-11:00 a.m. 8:45-9:45 a.m.: Keynote Speaker Ethics in Law Ethics Credit Rashmi Airan is an ethics speaker determined to create a culture of conversation around ethics and compliance in all aspects of our lives. She is striving to change what it means to be successful in a culture where success is often obtained by any means necessary. Rashmi s hope is to inspire students, professionals, and organizations to have ongoing conversations about ethics and compliance, to better our communities, and to encourage all to make good, deliberate ethical choices on our way to success. It is my life purpose to pay attention to, study and share the need for ethical vigilance. It is the on-going restitution that allows me to live with my profound remorse so that what I allowed happen to me, doesn t happen to you. Rashmi Airan, Ethics Speaker, Consultant, and Advocate Speaker: Rashmi Airan Rashmi Airan, a first generation immigrant of Indian parents and the oldest of three daughters, was raised with high expectations to achieve. She had both professional and personal pressures. Rashmi s father came to the United States with just $8 in his pocket to attend school and achieve the American dream for the hope of a better life for his family. He obtained a masters degree and a doctorate degree in engineering and is now on his second career after obtaining a juris doctor and masters in law degree. In the Indian community, there is a strong desire to achieve good grades, go to the top schools, win awards, get hired by big companies, and make money. In addition to being a mother of two, Rashmi was a successful lawyer who graduated with honors from Columbia Law School. After working for several major corporations, she launched an independent law practice in Miami, Florida. During the housing boom, she was recruited to work with a local real-estate developer who later engaged in questionable ethical business practices. Rashmi s drive to succeed financially and to give her children the best life possible created an ethical blind spot for her. She chose not to question her client s behavior despite her inner voice screaming ask questions! Her involvement resulted in a six month sentence to Federal prison, alongside a $19M judgment against future earnings, required community service hours, and 3 years supervised release. Before beginning her sentence, Rashmi s community of friends and family embraced her. Though previously believing only a high level of success would make them proud, she now felt for the first time the true power of what building strong relationships meant. A close family friend remarked quietly You will eventually learn that this is not happening to you, it is happening for you. In prison, Rashmi felt shame and remorse for her decisions. Taking in six months of federal prison life, Rashmi came to a place of peace and self-forgiveness. While being immensely humbled by this life-changing experience, she emerged with invaluable lessons learned both personally and professionally. Rashmi Airan, ethics speaker, shares her emotional development of living with remorse, but not letting it define you. She is determined to create a culture of conversation around ethics and compliance and to integrate ethics into all aspects of our lives. Rashmi continues to tour the country as an ethics speaker, sharing her story to illustrate the ethical perils that can result from a drive to succeed and the blind spots created when we are pursuing our goals. She mines her vast legal and business expertise to address ethical issues in business. Rashmi tells her powerful story to deliver game-changing messages to universities, law firms, corporate teams, and trade associations around the United States, redefining what it means to be successful in an American culture where success is often obtained by any means necessary.
3 10:00-11:00 a.m.: The Honorable Roundtable During this session, the Judges will address an array of topics and issues, giving their courts perspectives on matters affecting legal practice and procedures for both consumer and commercial practitioners. The Honorable Richard E. Fehling, United States Bankruptcy Court for the Eastern District of Pennsylvania The Honorable John E. Hoffman, Jr., United States Bankruptcy Court for the Southern District of Ohio The Honorable Gregory L. Taddonio, United States Bankruptcy Court for the Western District of Pennsylvania The Honorable Frank J. Santoro, United States Bankruptcy Court for the Eastern District of Virginia Beverly Weiss Manne, Esquire, Partner, Tucker Arensberg, P.C. BREAKOUT SESSION ONE 11:15 a.m. - 12:15 p.m. COMMERCIAL Review of Proposed Complex Chapter 11 Procedures for the United States Bankruptcy Court for the Western District of Pennsylvania The Panelists will discuss the proposed Complex Chapter 11 Procedures which have recently been submitted to the Board of Judges for the United States Bankruptcy Court for the Western District of Pennsylvania for consideration. The Honorable Thomas P. Agresti, U.S. Bankruptcy Court for the Western District of Pennsylvania David Ross, Esquire, Shareholder, Babst Calland Paul Cordaro, Esquire, Member, Campbell & Levine William Price, Esquire, Member, Clark Hill PLC William Kelleher, Esquire, Director/Shareholder, Cohen & Grigsby CONSUMER Claim Issues in Bankruptcy This session is devoted to an interactive discussion of certain aspects of claims filed in bankruptcy matters. The panel will discuss the filing, review and objections to secured, unsecured and priority claims. Topics and questions will also include deadlines and bar dates for claims, documentation required for support of a claim, who has the burden to review and address claims and how and if the burden shifts to address the validity of a claim if an objection to a claim is filed. The panel will also address stale claims and redaction requirements of personal information in a claim. This program is designed for general practitioners and seasoned bankruptcy attorneys alike. Please join our distinguished panelists for this discussion. The Honorable Ashely M. Chan, U.S. Bankruptcy Court for the Eastern District of Pennsylvania Jana S. Pail, Esquire, Chief Counsel, Office of the Chapter 13 Trustee, Western District of Pennsylvania James C. Warmbrodt, Esquire, Attorney, KML Law Group Ryan J. Cooney, Esquire, Associate, Law Offices of Robert O Lampl Alan R. Patterson III, Esquire, Gross & Patterson, LLC Lunch
4 AFTERNOON PLENARY SESSION 1:30-2:30 p.m. The District s Financial Courts: Bankruptcy and The Economy of Western Pennsylvania Part 1 This panel will discuss landmark bankruptcy cases that originated from the Western District of Pennsylvania. Discussion includes a brief glimpse of what it was like to practice bankruptcy law before referees in bankruptcy under the Bankruptcy Act, the evolution in status of judicial officers presiding over bankruptcies, and the myriad of interesting cases that were adjudicated in the U.S. Bankruptcy Court for the Western District of Pennsylvania. Such cases include: Mega cases of Allegheny International and Wheeling Pittsburgh Steel, Westinghouse Receivership in 1907, Pittsburgh Hockey Associates (Pittsburgh Penguins), AHERF, Pittsburgh Brewing, Jeannette Glass, lottery winner Bud Post, cases by notable professional athletes, and Henry Thaw. The Honorable Carlota M. Böhm, Chief Judge, United States Bankruptcy Court Western District of Pennsylvania Douglas Campbell, Esquire, Founding Member, Campbell & Levine, LLC Ron Schuler, Esquire, Member in Charge, Pittsburgh Office of Spilman Thomas & Battle George T. Snyder, Esquire, Partner, Stonecipher Law Firm Robert O Lampl, Esquire, Law Offices of Robert O Lampl The Honorable Jeffery A. Deller, United States Bankruptcy Court Western District of Pennsylvania
5 BREAKOUT SESSION T WO 2:45-3:45 p.m. COMMERCIAL The District s Financial Courts: Bankruptcy and The Economy of Western Pennsylvania Part 2 This panel will discuss landmark bankruptcy cases that originated from the Western District of Pennsylvania. Discussion includes a brief glimpse of what it was like to practice bankruptcy law before referees in bankruptcy under the Bankruptcy Act, the evolution in status of judicial officers presiding over bankruptcies, and the myriad of interesting cases that were adjudicated in the U.S. Bankruptcy Court for the Western District of Pennsylvania. Such cases include: Mega cases of Allegheny International and Wheeling Pittsburgh Steel, Westinghouse Receivership in 1907, Pittsburgh Hockey Associates (Pittsburgh Penguins), AHERF, Pittsburgh Brewing, Jeannette Glass, lottery winner Bud Post, cases by notable professional athletes, and Henry Thaw. The Honorable Carlota M. Böhm, Chief Judge, United States Bankruptcy Court Western District of Pennsylvania Douglas Campbell, Esquire, Founding Member, Campbell & Levine, LLC Ron Schuler, Esquire, Member in Charge, Pittsburgh Office of Spilman Thomas & Battle George T. Snyder, Esquire, Partner, Stonecipher Law Firm Robert O Lampl, Esquire, Law Offices of Robert O Lampl The Honorable Jeffery A. Deller, United States Bankruptcy Court Western District of Pennsylvania CONSUMER Sanctions: More than Just Bankruptcy Rule 9011 Sanctions awarded in the bankruptcy court setting are often associated solely with Bankruptcy Rule This panel will explore the, at times, far reaching, implication of sanctions awarded through bankruptcy litigation together with the ethical ramifications of requesting, and awarding, such sanctions- not restricted solely to the sanctions awarded under Rule In addition, some discussion will occur comparing the awarding of sanctions in bankruptcy court versus state court litigation. Ronda J. Winnecour, Esquire, Trustee, Office of the Chapter 13 Trustee, Western District of Pennsylvania Donald Calaiaro, Esquire, Partner, Calaiaro Valencik The Honorable Peter W. Bowie (Retired), Partner of Counsel, Dinsmore and Shohl LLP Abagale Steidl, Esquire, Associate Attorney, Steidl and Steinberg
6 BREAKOUT SESSION THREE 4:00-5:00 p.m. COMMERCIAL Chapter 11 Reorganization for Non-Profit Organizations Join us for a panel discussion on the practicalities of Chapter 11 bankruptcy for non-profit organizations. This panel will focus on specific considerations and issues that arise when dealing with an insolvent non-profit entity. The panel will take participants on a chronological journey into a Chapter 11 case for a non-profit organization. Topics will include pre-petition considerations and requirements necessary to commence a Chapter 11 case for a non-profit organization, first day motions, operations, governance, membership issues, plan confirmation, plan implementation and eventual exit from bankruptcy. The presenting panel will include legal and financial practitioners who have represented debtors and creditors, including creditors committees, in Chapter 11 cases for non-profit organizations. Our distinguished guest panelist, Judge Opel, will provide a view from the bench on Chapter 11 bankruptcies for non-profit organizations. The Honorable Robert N. Opel, II, Chief Judge, United States Bankruptcy Court Middle District of Pennsylvania John Steiner, Esquire, Partner, Leech Tishman, Fuscaldo and Lampl Jordan Blask, Esquire, Partner, Tucker Arensberg, P.C. Sloane O Donnell, Esquire, Associate, Tucker Arensberg, P.C. William Krieger, Esquire, Managing Director/Shareholder, Gleason Matthew Burne, Esquire, Associate, Tucker Arensberg, P.C. CONSUMER Bankruptcy Crimes and Consequences Anyone who practices bankruptcy law can run the risk of committing a bankruptcy crime or unknowingly assist a client in committing one. The session will discuss bankruptcy crimes, how to identify them and how to avoid them. In addition, it will include tips on what to do should you suspect that your client is committing a bankruptcy crime. This session will also cover several recent high profile bankruptcy cases involving fraud and other crimes. The Honorable Gregory L. Taddonio, United States Bankruptcy Court for the Western District of Pennsylvania Lois Vitti, Esquire, Vitti Law Group, P.C. Brandon Verdream, Esquire, Senior Attorney, Clark Hill, PLC Gregory C. Melucci, Esquire, Assistant U.S. Attorney Michael C. Eisen, Esquire, M. Eisen & Associates, P.C. Holiday Party
7 THANK YOU TO OUR GENEROUS SPONSORS Lead Platinum Gold Silver KMLLAWGROUP P.C. P E N N S Y L V A N I A A N D N E W J E R S E Y Bronze M. EISEN & ASSOCIATES PC
B A N K R U P T CY S Y M P O S I U M
F R I D AY D E C. 8 2 0 1 7 Presented by the Bankruptcy and Commercial Law Section of the Allegheny County Bar Association 3 0 T H A N N U A L WESTERN DISTRICT OF PENNSYLVANIA B A N K R U P T CY S Y M
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