B A N K R U P T CY S Y M P O S I U M

Transcription

1 F R I D AY D E C 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 P O S I U M THE WESTIN CONVENTION C E N T E R P I T T S B U R G H 6 C L E C R E D I T S (1 ETHICS CREDIT ) The Symposium offers premier programming on current issues and the opportunity to interact with and hear directly from skilled practitioners and judges.

2 PRESENTED BY THE BANKRUPTCY AND COMMERCIAL LAW SEC TION OF THE ALLEGHENY COUNTY BAR ASSOCIATION Friday, December 8, 2017 Westin Convention Center Hotel, 1000 Penn Avenue, Pittsburgh, PA The Symposium offers premier programming on current issues and the opportunity to interact with and hear directly from skilled practitioners and judges. Lunch is provided. The annual Bankruptcy and Commercial Law Section Holiday Party immediately follows the program. Registration: 8:00 a.m. Program: 8:45 a.m. - 5:00 p.m. Holiday Party: Immediately following program CLE Credits: 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.) Course Materials: WiFi Login: Network: Westin_Conference Password: ACB Erica K. Dausch, Section Chair Luke A. Sizemore, Symposium Chair

3 MORNING PLENARY SESSIONS 8:45-11:00 8:45-9:45: BUT I NEED TO GET IT IN, JUDGE! Practical Application of the Rules of Evidence in the Context of a Bankruptcy Proceeding A really critical piece of evidence doesn t do you much good if you can t convince the judge to admit it. This program will provide an overview of those rules of evidence that arise most frequently in the bankruptcy context, and will provide tools to help you obtain admission of critical evidence, respond to objections, and make effective objections of your own. The Honorable Pamela Pepper, United States District Court for the Eastern District of Wisconsin Judge Pamela Pepper received her undergraduate degree in theater from Northwestern University and her J.D. from Cornell Law School. She clerked for Frank M. Johnson, Jr. on the Eleventh Circuit Court of Appeals. Between 1990 and 1997, she was a federal prosecutor in Chicago and Milwaukee. From 1997 to 2005, she was a solo criminal defense practitioner. She holds a graduate certificate in dispute resolution from Marquette University, and has been an adjunct professor at Marquette Law School. The Seventh Circuit Court of Appeals appointed her to the bankruptcy bench for the Eastern District of Wisconsin on July 5, 2005, and she served as chief judge from July 1, 2010 to December 8, In May 2014, President Obama nominated her to a seat on the United States District Court for the Eastern District of Wisconsin; she was confirmed by the Senate on November 20, 2014, and sworn in to the district court bench on December 8, She speaks at bar associations across the country on topics such as the rules of evidence in bankruptcy, the intersection of criminal and bankruptcy law, and litigation skills. The Honorable Patrick M. Flatley, United States Bankruptcy Court for the Northern District of West Virginia Judge Patrick M. Flatley received his undergraduate degree from Bethany Collage and his J.D. from West Virginia University. His career included private practice in Wheeling, WV. He also was an officer in the United States Marine Corps where he was a judge advocate at Camp Lejeune, NC. Later, he was an assistant United States attorney, where he was chief of the civil division. He also served as interim U.S. Attorney for the Northern District of West Virginia from April 2001 through October He was appointed to the bench of the United States Bankruptcy Court for the Northern District of West Virginia on March 12, :00-11:00: The Honorable Roundtable During this session, the Judges will address an array of topics through a moderated discussion, giving their courts perspectives on matters affecting legal practice and procedure for consumer and commercial practitioners. The Honorable Carlota M. Böhm, United States Bankruptcy Court for the Western District of Pennsylvania The Honorable Joy Flowers Conti, United States District Court for the Western District of Pennsylvania 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 Robert N. Opel, II, United States Bankruptcy Court for the Middle District of Pennsylvania The Honorable Frank J. Santoro, United States Bankruptcy Court for the Eastern District of Virginia The Honorable Kay Woods, United States Bankruptcy Court for the Northern District of Ohio Ronald B. Roteman, Stonecipher Law Firm

4 BREAKOUT SESSION ONE 11:15-12:15 COMMERCIAL Commercial Law Trends In recent years, retail, energy, and health care bankruptcy cases have dominated the commercial bankruptcy news and will likely continue to do so into Join us for an interactive discussion of trends and challenges presented by these and other complex commercial cases. The panel will also discuss recurring legal issues and practice pointers for commercial practitioners navigating these commercial cases on behalf of various constituents. Michael J. Roeschenthaler, Whiteford Taylor Preston, LLP Elizabeth L. Slaby, United States Bankruptcy Court for the Western District of Pennsylvania The Honorable Gregory L. Taddonio, United States Bankruptcy Court for the Western District of Pennsylvania Kelly M. Neal, Buchanan Ingersoll & Rooney PC CONSUMER Consumer Bankruptcy Case Law Year in Review During this session, the panelists will conduct an in-depth review of and lead an interactive discussion regarding the top consumer bankruptcy opinions issued in the last year by the United States Bankruptcy Court for the Western District of Pennsylvania and beyond. The focus of the panelists will be to explain how these opinions affect your everyday consumer bankruptcy practice. The Honorable Thomas P. Agresti, United States Bankruptcy Court for the Western District of Pennsylvania Daniel Foster, Foster Law Offices Abagale Steidl, Steidl & Steinberg Keri P. Ebeck, Weltman, Weinberg & Reis, Co. LPA Lunch

5 BREAKOUT SESSION T WO 1:30-2:30 COMMERCIAL Anatomy of a Sports Franchise Turnaround Part 1 Join us for a retrospective on the Penguins bankruptcy case twenty years later as panelists discuss the dynamics of the Chapter 11 reorganization in the context of the key legal issues underpinning the case. Moderated by the Honorable Jeffery A. Deller, panelists will set the stage for the reorganization by examining the financial condition of the Penguins franchise at the time of the filing and discussing the role DIP financing, injunctive remedies, and lease characterization played in shaping the disposition of the case. The discussion will include commentary on how case law in the intervening two decades may have resulted in a different outcome. Douglas A. Campbell, Campbell & Levine, LLC Gregory Cribbs, Babst, Calland, Clements and Zomnir, P.C. Michael Kaminski, Calaiaro & Valencik, P.C. Joel Walker, Duane Morris LLP The Honorable Jeffery A. Deller, United States Bankruptcy Court for the Western District of Pennsylvania CONSUMER ABI Commission on Consumer Bankruptcy The American Bankruptcy Institute (ABI) created the Commission on Consumer Bankruptcy in December 2016 to research and recommend improvements to the consumer bankruptcy system. The commission is composed of 17 commissioners who collect data and input by way of an open, information-gathering process, including public meetings and hearings. The commissioners work is supported by several committees and advisory groups whose members include additional consumer bankruptcy experts from around the nation. A final commissioners report is due in December The Bankruptcy Symposium is pleased to host several members of the Commission to discuss their work and findings to date. Michael T. Bates, JPMorgan Chase & Co., ABI Commissioner Alane A. Becket, Becket & Lee, LLP, ABI Commissioner Richardo I. Kilpatrick, Kilpatrick & Associates, P.C., ABI Commissioner The Honorable Keith M. Lundin (Ret.), Member, ABI Advisory Committee on Chapter 13

6 BREAKOUT SESSION THREE 2:45-3:45 COMMERCIAL Anatomy of a Sports Franchise Turnaround Part 2 The retrospective on the Penguins Bankruptcy Case continues, adding a discussion on the function of mediation and the plan confirmation process to effectuate compromise and a quick emergence from Chapter 11. Douglas A. Campbell, Campbell & Levine, LLC Gregory Cribbs, Babst, Calland, Clements and Zomnir, P.C. Michael Kaminski, Calaiaro & Valencik, P.C. Joel Walker, Duane Morris LLP The Honorable Jeffery A. Deller, United States Bankruptcy Court for the Western District of Pennsylvania CONSUMER Trustees Panel This session will address the perspectives of Chapter 7 trustees, the Office of the Chapter 13 Trustee, and the Office of the United States Trustee on current consumer bankruptcy issues, including recent changes to the local rules, the new Chapter 13 plan, and problematic practices and behaviors. The panel also will discuss differences in practicing in Chapter 7 matters between the Pittsburgh and Erie divisions. Time will be reserved for audience questions. Eric E. Bononi, Chapter 7 Trustee John C. Melagrano, Chapter 7 Trustee Jeffrey J. Sikirica, Chapter 7 Trustee Joseph S. Sisca, Assistant United States Trustee Ronda J. Winnecour, Chapter 13 Standing Trustee for the Western District of Pennsylvania The Honorable Keith M. Lundin (Ret.), United States Bankruptcy Court for the Middle District of Tennessee

7 AFTERNOON PLENARY SESSION 4:00-5:00 Ethics Credit Sex with Clients Sex with clients is a matter that Professor Yochum has considered for many professional organizations, including the NABT, the NACTT, the NCBJ, and numerous regional bankruptcy gatherings, over the last twenty-five years. The evolution of the modern rule restricting this behavior is instructive as a matter of professionalism and as a lesson in lawyers attitudes toward conflicts of interests generally. These attitudes are of particular interest in bankruptcy wherein the concept of connections broadens the reach of conflict analysis beyond that of other practice areas. We will explore continuing specific problems under the no sex rule itself, dealing with entity representation and the supervision of non-professionals. Speaker: Professor Mark D. Yochum (Ret.), Duquesne University School of Law Professor Yochum specializes in tax, bankruptcy, and professional responsibility issues. He is a graduate of Carnegie Mellon University and Georgetown University Law Center. Professor Yochum has written and lectured extensively on federal criminal tax issues and tax lawyers ethics, problems in bankruptcy and matters of professional responsibility for all lawyers and other professionals. He had been Director of the Continuing Legal Education Program at the Law School from its inception in 1993 through Holiday Party

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