86 th. Annual. Bankruptcy Judges OCTOBER 24-27

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1 86 th Annual National Conference of Bankruptcy Judges SAN DIEGO OCTOBER

2 President s Welcome The 86th annual National Conference of Bankruptcy Judges returns to the sensational City of San Diego from October 24 through 27, San Diego has hosted two of our most memorable and successful conferences-1996 and and this year s conference promises to add to our prior, wonderful experiences. You can expect a spectacular setting, the finest educational programs, optimal networking, and exciting social and cultural events. To commemorate our third conference in San Diego and in gratitude for the contributions of military families in the San Diego area, the NCBJ intends to make a contribution to one or more local charities which grant college scholarships and provide aid to dependents of military personnel. Your attendance at this year s NCBJ will assist us in making a substantial contribution to this worthy cause. San Diego is one of the nation s premier destinations, an unparalleled city with great weather, a rich patriotic, cultural, and maritime history, and many attractions for the entire family. This year we are returning to the recently renovated Marriott Marquis Hotel and Marina located on San Diego Bay. In addition to its sweeping harbor views, the hotel is close to the vibrant Gaslamp Quarter (great food and shopping), the famous San Diego Zoo (great for a family outing), Balboa Park (flowers, architecture, museums and history), and miles of sensational waterfront and sandy beaches (healthy fun)! Once again we expect to exceed prior attendance records and welcome a great percentage of the bankruptcy judges from around the country, as well as over 1,500 insolvency professionals who have made the NCBJ the premier insolvency conference in the nation. Come see why the NCBJ has a deserved reputation as the place to learn and meet in this ever changing insolvency world. We will be employing the latest in meeting technology to deliver your materials via the internet, as well as telling you to keep your smart phones turned on (though silenced) so you can actively participate in various panels. If you are a young lawyer, we encourage you to apply for the Next Gen Program, described on our website. In furtherance of our diversity initiative, the Honorable Cornelius Blackshear Fellowship will offer full scholarships to five young minority lawyers. If you are a decision maker in your firm, we encourage you to bring young professionals to the NCBJ as they are your future as well as ours. This year s educational program promises to offer substance and sparkle. Program Chair Judge Marilyn Shea-Stonum and the Education Committee members whose names are listed on the last page of this brochure have organized seventeen leading edge panels on diverse business and consumer issues of the moment including Stern v. Marshall, sports bankruptcy, evidence, negotiation, appeals, group insolvency, chapter 13, chapter 15, the first year of the Consumer Financial Protection Bureau, and macro-economic issues. You will not want to miss Thursday s program featuring New York Times columnist Gretchen Morgenson and Saturday morning s session-a Conversation with Justice Stevens-who since his retirement from the Supreme Court has published The Five Chiefs: A Supreme Court Memoir which captures the inner workings of the Supreme Court. Expect excellent breakout programs with other organizations including the ABI, which will offer its popular roundtable discussions, ABA, ABI, ACB, AIRA, CLLA and IWIRC. These programs give attendees the opportunity to participate in programs and events in smaller settings and will enrich your educational and networking experience at the NCBJ. There will also be plenty of time to socialize and enjoy the many opportunities for culture and recreation in San Diego. The social and cultural highlight of the conference undoubtedly will be Thursday evening s event aboard the USS Midway Aircraft Carrier organized by a group of local attorneys and judges and open to all conference attendees. The Midway promises to be an unforgettable evening of exciting activities and festivities. Service members will provide tours of the ship s three decks, 60 exhibits, 27 aircraft, and flight simulators. They will bring the ship s fascinating history from World War II to the end of the twentieth century to life, while guests enjoy refreshments, entertainment, and the 360 degree panoramic view of San Diego. A forewarning: wear sneakers to this event! Other excursions include tours of Coronado, San Diego Harbor, La Jolla, and a cooking class and wine pairing at the Wine and Culinary Center of San Diego. Golfers will not want to miss the tournament at the world-renowned Torrey Pines, situated on cliffs bordering the Pacific Ocean. Our Final Night Dinner entertainment on Friday night will be Creedence Clearwater Revisited who will perform many of rock s classic and timeless hits during their tremendous show. Because we anticipate registrations for San Diego to sell out, please register as early as possible. We look forward to seeing you in sunny San Diego October 24th to 27th for another outstanding NCBJ. Joan N. Feeney President, NCBJ 2 86 th Annual National Conference of Bankruptcy Judges

3 Agenda Black NCBJ Programs Blue ABA Programs Green CLLA Programs Text Color Code: Brown AIRA Programs Orange ABI Programs WEDNESDAY, OCTOBER 24, :00AM to 1:00PM NCBJ Board of Governors Meeting Sitting, Recalled & Recall Eligible Retired Bankruptcy Judges Breakfast at 8:00am, Lunch at noon 12:00 noon to 7:00PM NCBJ Registration Presidio North Tower 1:30 PM to 3:30PM Hon. John D. Schwartz Roundtable Sitting, Recalled & Recall Eligible Retired Bankruptcy Judges Moderator: Panelists Hon. Elizabeth S. Stong Brooklyn, NY Prof. Nancy B. Rapoport UNLV William S. Boyd School of Law Las Vegas, NV Patricia A. Redmond Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. Miami, FL Prof. G. Ray Warner St. John s University School of Law Greenberg Traurig LLP 1:30PM to 3:30PM Next Generation Roundtable Limited to approved applicants For details see NCBJ website 3:00PM to 5:00PM (ALMOST) EVERYTHING YOU WANTED TO KNOW ABOUT INDIVIDUAL CHAPTER 11 CASES Sponsoring Subcommittees: Individual Chapter 11, Small Business, and Membership Moderator: Hon. Marc Barreca Seattle, WA Hon. Alan M. Ahart Woodland Hills, CA Debra Grassgreen Pachulski Stang Ziehl & Jones LLP San Francisco, CA Douglas Kassebaum Fredrikson & Byron, P.A. Minneapolis, MN Hon. Dennis Montali San Francisco, CA Valerie Morrison Wiley Rein LLP McLean, VA 5:30 PM to 7:30PM OPENING RECEPTION Sponsored by: Association of Insolvency & Restructuring Advisors San Diego Ballroom North Tower THURSDAY, OCTOBER 25, 2012 WIFI in Marriott Hall & Marina Ballroom Bring your smart phones, tablets and computers for interactive programs. 7:30AM to 4:30 PM NCBJ REGISTRATION Presidio North Tower 7:30AM to 8:30AM ABA PROGRAMS See NCBJ on-site Program for titles and locations 8:40AM to 9:00AM NCBJ WELCOME Marriott Hall Ballroom North Tower Hon. Joan N. Feeney, NCBJ President 9:00AM to 10:00AM PLENARY SESSION Marriott Hall Ballroom North Tower STERN v. MARSHALL: HOW S THAT WORKING FOR YOU? San Diego 3:00PM to 5:00PM ETHICAL ISSUES IN PRO BONO REPRESENTATION: SPOTTING THE ISSUES, SOLVING THE PROBLEMS Sponsoring Subcommittees: Pro Bono Services and Professional Ethics Moderator: Hon. Bernice B. Donald U.S. Court of Appeals for the Sixth Circuit Memphis, TN Hon. Elizabeth E. Brown Denver, CO October 24-27, 2012 San Diego 3

4 Agenda Prof. Alan N. Resnick Hofstra University Maurice A. Deane School of Law Hempstead, NY R. Patrick Vance Jones Walker New Orleans, LA 10:00AM to 10:15AM BREAK (in both foyers of the Marriott Hall Ballroom and Marina Ballroom South Tower) Marriott Hall Ballroom North Tower Moderator: Tara Twomey Of Counsel, National Consumer Law Center Boston, MA Presenter: Gretchen Morgenson New York Times reporter and author of Reckless Endangerment: How Outsized Ambition, Greed, and Corruption Led to Economic Armageddon 10:15AM to 11:15AM 2 CONCURRENT SESSIONS SESSION A: WHAT THE PUCK IS GOING ON? SPORTS AND BANKRUPTCY Marriott Hall Ballroom North Tower Moderator: Hon. Redfield T. Baum Phoenix, AZ Franklin Codel, Executive Vice President Head of Mortgage Production Wells Fargo Home Mortgage Des Moines, IA Clifford J. White, III, Director Executive Office for U.S. Trustees Washington, D.C. Prof. Gabriel Feldman Tulane Sports Law Program Tulane University Law School New Orleans, LA Thomas E. Lauria White & Case Miami, FL Thomas J. Salerno Squires Sanders Phoenix, AZ SESSION B: NEGOTIATION TECHNIQUES: HOW TO MAXIMIZE VALUE AND GET THE DEAL DONE Did you ever wonder exactly how those deals get done on the courthouse steps? This panel will engage the audience in an interactive discussion of negotiation techniques that facilitate those deals. Practitioners and judges alike will benefit from this fresh look at how to get to yes. Come prepared to negotiate! Marina Ballroom D South Tower Hon. Shelley C. Chapman Prof. Donald Gifford University of Maryland Francis King Carey School of Law Baltimore, MD 11:30AM to 12:30PM 2 CONCURRENT SESSIONS SESSION A: A GRIMM FAIRY TALE?: PERSPECTIVES ON THE NEXT CHAPTERS IN THE U.S. MORTGAGE MARKET STORY Steven H. Swartout, Executive VP Canandaigua National Bank & Trust Co. Canandaigua, NY SESSION B: THE ETHICS OF ORGANIZERS ETHICAL CHALLENGES IN FORMING OFFICIAL AND UNOFFICIAL COMMITTEES Marina Ballroom D South Tower Moderator: Hon. D. Michael Lynn Fort Worth, TX Roberta DeAngelis U.S. Trustee (DE, PA, NJ) Philadelphia, PA Prof. Nancy B. Rapoport UNLV William S. Boyd School of Law Las Vegas, NV James H.M. Sprayregen Kirkland & Ellis LLP 12:45PM to 2:15PM CHAPTER 11 LUNCH & CLE PROGRAM BORDER CONTROL: SUBSTANTIVE CONSOLIDATION AND VEIL PIERCING IN CHAPTER 11 BANKRUPTCY CASES (ticketed event) Sponsoring Subcommittees, Chapter 11 & Corporate Governance Moderator: Corinne Ball Jones Day 4 86 th Annual National Conference of Bankruptcy Judges

5 Black NCBJ Programs Blue ABA Programs Green CLLA Programs Text Color Code: Brown AIRA Programs Orange ABI Programs Hon. Arthur J. Gonzalez (Retired) New York University School of Law Susheel Kirpalani Quinn Emanuel Urquhart & Sullivan, LLP Thomas E. Lauria White & Case LLP Miami, FL Lisa M. Poulin Deloitte & Touche Bethesda, MD 12:45PM to 2:30PM COMMERCIAL LAW LEAGUE OF AMERICA LUNCHEON & CLE PROGRAM (ticketed event) San Diego Ballroom North Tower The Collection of the Supreme Court of the United States Lawrence P. King Award for Excellence in the Field of Bankruptcy Justice John Paul Stevens CLLA Luncheon Speaker Bankruptcy Litigation in the Supreme Court G. Eric Brunstad, Jr. Mr. Brunstad is a partner at Dechert, LLP where he serves as co-chair of the firm s appellate practice group. He has argued 10 cases in the U.S. Supreme Court, including matters involving bankruptcy, the First Amendment, fee-shifting, taxation, the Commerce Clause, statutory interpretation, jurisdiction, and arbitration. In addition to the cases he has argued, Eric has worked on over 30 other matters in the Supreme Court, including matters involving bankruptcy, federal licensing, civil rights, procedure, insurance, sovereign immunity, pensions, energy contracts, and defamation. 2:30 PM to 5:30 PM Commercial Law League of America Hon. Frank W. Koger Memorial Education Program on Current Developments in Hot and Emerging Areas Marriott Hall Ballroom San Diego PRE-BANKRUPTCY ETHICS How to Avoid the Minefields Before Combat Begins Hon. Carlota M. BÖhm Pittsburgh, PA Richard P. Carmody Adams and Reese LLP Birmingham, AL Prof. Nancy B. Rapoport UNLV William S. Boyd School of Law Las Vegas, NV Prof. Mark D. Yochum Duquesne University School of Law Pittsburgh, PA CHAPTER 11 UPDATE Hot and Emerging Issues Faye B. Feinstein Quarles & Brady LLP Lisa Hill Fenning Arnold & Porter LLP Hon. Paul M. Glenn Jacksonville, FL Richard B. Levin Cravath, Swaine & Moore LLP IT IS NEVER OVER Post Confirmation Jurisdiction, Liquidation Trusts and the Continuing Pursuit of Assets Steven B. Darr, CIRA, CDBV Mesirow Financial Consulting, LLC Boston, MA Judith Greenstone Miller Jaffe Raitt Heuer & Weiss, PC Detroit, MI Hon. Mary Grace Diehl Atlanta, GA Michael S. Stamer Akin Gump Strauss Hauer & Feld LLP 2:30PM to 4:00PM ABA program See NCBJ on-site program for title and location 4:00PM to 5:30PM INTERNATIONAL JUDICIAL ROUNDTABLE Chair & Moderator: Hon. Elizabeth S. Stong Brooklyn, NY 7:30PM to 11:00PM THE CALIFORNIA BANKRUPTCY & INSOLVENCY PRACTITIONERS PARTY A fun and adventurous evening aboard the historic USS Midway, the largest U.S. naval aircraft carrier of the 20 th century and now a fascinating museum and party venue! October 24-27, 2012 San Diego 5

6 Agenda Guests will enjoy the best view of San Diego from the 4 acre flight deck, can climb on aircraft, experience flight simulators and interactive exhibits and take pictures in the Top Gun Photo Booth together with live entertainment, food and drinks. Transportation will be provided from the Marriott Hotel guests should wear comfortable walking shoes as the floors of the ship are metal. FRIDAY, OCTOBER 26, 2012 WIFI in Marriott Hall & Marina Ballroom Bring your smart phones, tablets and computers for interactive programs. 7:30AM TO 3:30PM NCBJ Registration Presidio North Tower 7:30AM to 8:30AM NCBJ Annual Meeting and Breakfast Sitting, Recalled & Recall Eligible Retired Bankruptcy Judges 7:00 AM to 8:45AM ASSOCIATION OF INSOLVENCY AND RESTRUCTURING ADVISORS BREAKFAST (ticketed event) The Financial Advisors Role and Other Significant Issues in Receiverships Moderator: Stephen B. Darr, CIRA, CDBV Mesirow Financial Consulting, LLC Boston, MA Guy Davis, CIRA, CDBV Protiviti Inc. Baltimore, MD M. Colette Gibbons Ice Miller LLP Cleveland, OH Frederick D. Holden Jr. Orrick, Herrington & Sutcliffe LLP San Francisco, CA Keith Lowey, CIRA Verdolino & Lowey, P.C. Foxboro, MA 7:30AM to 8:45AM ABA program See NCBJ on-site Program for title and location 9:00AM to 10:00AM 3 CONCURRENT SESSIONS SESSION A: TOO BIG TO MISS: THE MOST SIGNIFICANT BUSINESS BANKRUPTCY DECISIONS AND DEVELOPMENTS OF AnD WHy THEy MATTER Marriott Hall Ballroom Sections 3-6, North Tower Moderator: Hon. Arthur J. Gonzalez (Retired) New York University School of Law Prof. Douglas G. Baird University of Chicago Law School Stephan M. Ray Stutman Treister & Glatt P.C. Jane Lee Vris Millstein & Co. SESSIOn B: WAy PAST THE 7 TH INNING AND WE RE STILL STRETCHING: UNRESOLVED ISSUES IN CHAPTER 13 Marriott Hall Ballroom Sections 1-2, North Tower The panel will discuss unsettled issues such as the treatment of social security income, stepped up plan contributions and retirement plans, use of the trustee s strong arm powers and the applicable commitment period as the required plan length. Moderator: Hon. Steven Rhodes Detroit, MI Alane A. Becket Becket & Lee LLP Malvern, PA Jenny L. Doling Law Offices of Jenny L. Doling, APLC Palm Desert, CA Jan Hamilton Standing Chapter 13 Trustee Topeka, KS SESSION C: WHAT DO YOU MEAN WE NEED EVIDENCE? IT S BANKRUPTCY COURT! AN INTERACTIVE PRESENTATION ON COMMON EVIDENTIARY ISSUES IN BANKRUPTCY Our cast of judges and lawyers will perform a series of vignettes involving evidentiary objections. Professor Sonenshein will invite attendees to rule on the objections via their cell phones or tablets, and then will comment on the rulings and discuss the applicable rules of evidence. Marina Ballroom D South Tower Presenter: Prof. David A. Sonenshein Temple University Beasley School of Law Philadelphia, PA 6 86 th Annual National Conference of Bankruptcy Judges

7 Black NCBJ Programs Blue ABA Programs Green CLLA Programs Text Color Code: Brown AIRA Programs Orange ABI Programs Witnesses: Hon. Frank J. Bailey Boston, MA Bryan Marsal Alvarez & Marsal Hon. Bruce T. Beesley Reno, NV Hon. Shon K. Hastings Fargo, ND Hon. Jessica E. Price Smith Cleveland, OH Jo Ann J. Brighton K&L Gates LLP Charlotte, NC Jennifer Emens-Butler Obuchowski & Emens-Butler Bethel, VT Timothy F. Nixon Godfrey & Kahn, S.C. Green Bay, WI Michael P. Richman Hunton & Williams 10:00AM TO 10:15AM BREAK 10:15AM TO 11:15AM 3 CONCURRENT SESSIONS SESSION A: INSOLVENT CORPORATE GROUPS: MANAGING COMPLEXITY AND RESOLVING CONFLICT This panel will explore the complexity and challenges of restructuring domestic and international corporate groups and offer some strategies and insights based on recent case experiences. Marriott Hall Ballroom Sections 3-6, North Tower Moderator: Hon. James M. Peck Dennis F. Dunne Milbank, Tweek, Hadley & McCloy LLP Prof. Michelle Harner University of Maryland Francis King Carey School of Law Baltimore, MD San Diego Susan Power Johnston Carter Ledyard & Milburn SESSION B: ROUND TWO: SCORING A KNOCKOUT ON APPEAL Marriott Hall Sections 1-2, North Tower Moderator: Hon. James B. Haines, Jr. U.S. Bankruptcy Appellate Panel for the First Circuit Portland, ME Hon. R. Guy Cole, Jr. U.S. Court of Appeals for the Sixth Circuit Columbus, OH G. Eric Brunstad, Jr. Dechert LLP Hartford, CT Susan M. Freeman Lewis & Roca LLP Phoenix, AZ SESSIOn C: HIGH ROLLERS CHAPTER 7 OR 11? You don t have to fit the proverbial square peg in the round hole solving the problems experienced by high-income individuals in chapter 7 and 11, including hot issues such as attorney-client privilege, how to provide for living expenses while complying with the requirements of chapter 11, how to deal with creditor objections to chapter 11 plans and the absolute priority rule, how to get an early discharge, and how to use chapter 7 notwithstanding 707(b). Marina Ballroom Section D - South Tower Moderator: Hon. Elizabeth L. Perris Portland, OR Richardo I. Kilpatrick Kilpatrick & Associates, P.C. Detroit, MI Iain A. Macdonald Macdonald/Fernandez LLP San Francisco, CA Harley E. Riedel Strichter, Riedel, Blain & Prosser, P.A. Tampa, FL Prof. G. Ray Warner St. John s University School of Law Greenberg Traurig, LLP 11:30AM TO 12:30PM 3 CONCURRENT SESSIONS SESSION A: THAT WAS THEN, THIS IS NOW: PERSPECTIVES ON THE STATE OF THE ECONOMY October 24-27, 2012 San Diego 7

8 Agenda Marriott Hall Ballroom Sections 3-6, North Tower Moderator: Matthew A. Feldman Willkie Farr & Gallagher LLP Steven L. Rattner Willett Advisors LLC Harry Wilson 9:00 AM AM TO TO 12:30PM NCBJ/ABI ROUNDTABLES Registration for the Roundtables is online only. Limited seating. FIDUCIARY DUTY TOPIC #1 9:00 AM You Want Me to Do What? Panelists will discuss the unique challenges that restructuring professionals face in today s complex financial world in fulfilling theirs and their client s fiduciary duties. SESSION B: COMING TO AMERICA...BROKE: CHAPTER 15, PLAIN & FANCY Marriott Hall Ballroom Sections 1-2, North Tower Moderator: E. Bruce Leonard Cassels Brock & Blackwell LLP Toronto, ON, Canada Daniel M. Glosband Goodwin Proctor LLP Boston, MA Hon. Allan L. Gropper Prof. Jay L. Westbrook University of Texas School of Law Austin, TX Corinne Ball Jones Day William A. Brandt, Jr. Development Specialists, Inc. Hon. Kevin J. Carey Wilmington, DE Frank A. Merola Jefferies & Company, Inc. Mark K. Thomas Proskauer Rose LLP SESSION C: MARRIAGE EQUALITY, FAMILY LAW AND THE BANKRUPTCY CODE: IRRECONCILABLE DIFFERENCES? Marina Ballroom D South Tower Moderator: Hon. William H. Brown (Retired) U.S. Bankrupty Judge Carbondale, CO Hon. Margaret Dee McGarity Milwaukee, WI Prof. Jackie Gardina Vermont Law School South Royalton, VT Prof. Michaela White Creighton University School of Law Omaha, NE ADVANCED FRAUDULENT CONVEYANCE & PREFERENCE ISSUES 9:00AM Welcome to Clawback Cabaret Panelists will discuss cutting edge issues involved in prosecution of fraudulent transfer and preference claims. Howard Brod Brownstein The Brownstein Corp Conshohocken, PA James Walter Grudus AT&T Bedminster, NJ Hon. Barbara J. Houser Dallas, TX Francis A. Monaco, Jr. Womble Carlyle Sandridge & Rice, LLP Wilmington, DE Catherine L. Steege Jenner & Block LLP CONSUMER HOT TOPICS #1 9:00AM 8 86 th Annual National Conference of Bankruptcy Judges

9 Black NCBJ Programs Blue ABA Programs Green CLLA Programs Text Color Code: Brown AIRA Programs Orange ABI Programs Hon. Dennis R. Dow Kansas City, MO Bradford J. Sandler Pachulski Stang Ziehl & Jones LLP Wilmington, DE Debra L. Miller Chapter 13 Trustee South Bend, IN Randy Nussbaum Nussbaum Gillis & Dinner, P.C. Scottsdale, AZ Hon. Laura Stuart Taylor San Diego, CA FIDUCIARY DUTY TOPIC #2 10:15AM Hon. Scott C. Clarkson Santa Ana, CA Richard B. Levin Cravath, Swaine & Moore LLP Nancy A. Peterman Greenberg Traurig, LLP Rebecca A. Roof AlixPartners LLP James H.M. Sprayregen Kirkland & Ellis LLP ADVANCED CREDITOR COMMITTEE ISSUES 10:15AM Making Something Out of Nothing Panelists will discuss a variety of topics relating to representation of creditors committees including representation of mixed committees, ethical trading walls, the effect 503(b)(9) has had on committee practice and keeping committees relevant in the age of the upside down balance sheet. Hon. Robert D. Drain White Plains, NY Edward T. Gavin NHB Advisors, Inc. Wilmington, DE Sharon L. Levine Lowenstein Sandler PC Roseland, NJ San Diego Hon. Richard Schmidt Corpus Christi, TX CONSUMER HOT TOPICS #2 10:15AM Home Sweet Home Really? Panelists will discuss hot topics relevant to consumer bankruptcy professionals including lien-stripping issues; the use of non-standard plan provisions for secured and unsecured claims; and issues related to Bankruptcy Rules 3001 and Rudy J. Cerone McGlinchey Stafford PLLC New Orleans, LA Thomas D. DeCarlo Chapter 13 Trustee Southfield, MI Hon. Robert E. Grossman Central Islip, NY Hon. Mary Ann Whipple Toledo, OH PLAN CONFIRMATION ISSUES 11:30AM Pushing the Envelope in the Plan Confirmation Process Panelists will discuss whether creative plan structures and provisions that have emerged over the last few years have gone too far gifting, releases, separate classification, unfair discrimination and the like. Peter M. Gilhuly Latham & Watkins LLP Melissa Kibler Knoll Mesirow Financial Consulting, LLC Richard E. Mikels Mintz Levin Cohn Ferris Glovsky & Popeo P.C. Boston, MA Mark Shinderman Milbank, Tweed, Hadley & McCloy LLP Hon. Gregg W. Zive Reno, NV INDIVIDUAL CHAPTER 11 CASES 11:30AM Challenges in Administering Chapter 11 Cases for Individuals Panelists will discuss the challenges individual debtors face in chapter 11 cases. October 24-27, 2012 San Diego 9

10 Agenda Stuart A. Gold Gold Lange & Majoros, P.C. Southfield, MI Hon. Margaret M. Mann San Diego, CA Sally S. Neely Sidley Austin LLP Patricia Redmond Stearns Weaver Miller Weissler Alhadeff & Sitterson, PA Miami, FL Paul G. Swanson Steinhilber, Swanson, Mares, Marone & McDermott Oshkosh, WI 12:45PM to 2:30PM AMERICAN BANKRUPTCY INSTITUTE LUNCHEON (ticketed event) Apollo Robbins, Gentleman Thief Apollo Robbins is a sleight-ofhand artist, security consultant and self-described gentleman thief. Robbins gained notoriety after pick-pocketing Secret Service agents accompanying former president Jimmy Carter. The publicity led to several academic speaking engagements for the science community, law enforcement, and government agencies on human behavior. As a lifelong student of social experimentation, Robbins was raised on misdirection, groomed for visual deception and a prodigy of human behavior studies. By combining the worlds of science and illusion, he paves an intellectual approach to bending reality. 12:45PM to 2:30PM SECURED CREDITORS LUNCH & CLE PROGRAM: CURRENT DEVELOPMENTS IN CHAPTER 11 DEBTOR-IN-POSSESSION AND EXIT FINANCING (ticketed event) Sponsoring Subcommittees: Secured Creditors and Claims and Priorities Moderator: Susan M. Freeman Lewis and Roca LLP Phoenix, AZ Marcia L. Goldstein Weil, Gotshal & Manges LLP Anup Sathy Kirkland & Ellis LLP Ken Ziman Skadden, Arps, Slate, Meagher & Flom LLP Rafael X. Zahralddin-Aravena Elliott Greenleaf Wilmington, DE 2:30 PM to 4:00 PM ELECTRONIC DISCOVERY (ESI) ISSUES IN BANKRUPTCY CASES EVERYTHING FROM A (ASYMMETRICAL DISCOVERY) TO Z (ZUBULAKE) Sponsoring Subcommittees: Electronic Stored Information/Discovery, and Bankruptcy Court Structure and Insolvency Process Committee Moderator: Richard L. Wasserman Venable LLP Baltimore, MD Hon. Samuel L. Bufford (Retired) Penn State University Dickinson School of Law University Park, PA Dennis J. Connolly Alston & Bird LLP Atlanta, GA Ramona D. Elliott, Deputy Director Executive Office for U.S. Trustees Washington D.C. Scott A. Kane Squire Sanders, LLP Cincinnati, OH 7:30PM to 10:30PM FINAL NIGHT DINNER WITH CREEDENCE CLEARWATER REVISITED Marriott Hall Ballroom SATURDAy, OCTOBER 27, 2012 All Plenary Sessions Marriott Hall Ballroom North Tower 8:45AM to 9:00AM Inns of Court Award The Bankruptcy Inn of Court Alliance is pleased to present its first Distinguished Service Award To the Hon. Elizabeth L. Perris. The award is designed to recognize the highest degree of professional achievement in the field of bankruptcy law by a judge or attorney th Annual National Conference of Bankruptcy Judges

11 Black NCBJ Programs Blue ABA Programs Green CLLA Programs Text Color Code: Brown AIRA Programs Orange ABI Programs The Bankruptcy Inn of Court Alliance consists of Inns chartered by the American Inns of Court Foundation which specialize in the area of bankruptcy law. The Foundation is recognized as the leading mentoring organization for attorneys in the United States and is dedicated to the principles of professionalism, civility, and excellence in the practice of law. 9:00AM to 10:00AM BANKRUPTCY BINGO: The Battle for Bragging Rights. Come cheer on your favorite financial advisor and brush up on recent case law in the process, courtesy of some of our newest bankruptcy judges! Host: Hon. Sheri Bluebond Executive: Producter Contestants: Brian Osborne, President Rust Omni William A. Brandt, Jr. Development Specialists, Inc. Represented by Peter M. Gilhuly Latham & Watkins Ronald F. Greenspan FTI Consulting Represented by Richard L. Wynne Jones Day Hon. Janet S. Baer Hon. Timothy Barnes Hon. Neil W. Bason Hon. Carlota M. BÖhm Pittsburgh, PA Hon. Julia W. Brand San Diego Hon. Beth A. Buchanan Cincinnati, OH Hon. Donald R. Cassling 10:00AM to 10:20AM Break Hon. Mark D. Houle Riverside, CA Hon. Randal S. Mashburn Nashville, TN Hon. Alan C. Stout Louisville, KY 10:20AM to 11:20 AM A CONVERSATION WITH JUSTICE STEVENS The Collection of the Supreme Court of the United States Hon. John Paul Stevens Associate Justice (Retired) Supreme Court of the United States Questions by: Hon. Judith K. Fitzgerald Pittsburgh, PA Hon. James R. Gregg Grand Rapids, MI Prof. Kenneth Klee UCLA School of Law 11:30AM to 12:30PM CONSUMER FINANCIAL PROTECTION BUREAU S BIG ASSIGNMENT A conversation about how and what the Consumer Financial Protection Bureau has addressed in its first 16 months of operation,consumer protection issues on the horizon, and the Bureau s future plans. 12:30PM Hollister K. (Holly) Petraeus Assistant Director for the Office of Servicemember Affairs Consumer Financial Protection Bureau Washington, D.C. Prof. Patricia A. McCoy University of Connecticut Hartford, CT Gretchen Morgenson The New York Times Adjournment October 24-27, 2012 San Diego 11

12 Join the NCBJ on the historic USS Midway for a Party for all Conference Attendees! Thursday, October 25 from 7:30 pm to 11:00 pm Enjoy the best view of San Diego while enjoying drinks, food and entertainment as well as ship and aircraft tours, flight simulators and a Top Gun Photo Booth! Tours SCENIC SAN DIEGO BY LAND & SEA THURSDAY: OCTOBER 25, 2012 Price: Maximum: Departure: $ per person 45 people Meet in the Marriott Hotel lobby 9:15am Depart Marriott 9:30am and board Harbor Tour 9:45. Harbor Tour 10:00-11:00am City Tour 11:00am -12:00pm Balboa Park Lunch 12:00-1:00pm Depart 1:15pm & Return to Marriott 1:30pm th Annual National Conference of Bankruptcy Judges

13 Tours On this tour an ACCESS destination Service Field Representative will welcome you aboard a private yacht for an exclusive tour of the San Diego harbor. You will cruise the calm waters of the San Diego Bay to see the city and its bustling harbor from a completely different perspective. Professional guides will narrate points of interest that may include the Coronado Bay Bridge, the Navy shipyards and aircraft carriers. Along the way, you might even see a seal or two cruising through the water. You haven t seen San Diego until you have seen it from the water. In a word, AWESOME.Upon return, your ACCESS destination Services Field Representative will present the highlights of America s Finest City, through a special narrated guided tour. Following the City Tour portion, you will stop by another popular stop - Balboa Park which is considered to house some of the most beautiful Spanish style architecture in the country which was built for the very first World Fair in Balboa Park is also home to 14 museums including the Aerospace Museum, the San Diego Museum of Art, the Natural History Museum and the San Diego Hall of Champions, to name a few. The morning will end with a delicious lunch at the fabulous Prado restaurant, which is set in the beautifully landscaped and finely manicured gardens of in the historic House of Hospitality in the center of San Diego s famous Balboa Park. Advisory: Wear comfortable shoes and bring a jacket, camera and money for the shops and museums. STROLLING THROUGH CORONADO HISTORY WITH LUNCH AT PEOHE S THURSDAY: OCTOBER 25, 2012 PRICE: $ per person Maximum: 72 People Departure: MEET in the North Tower Exit by Marriott Hall Ballroom by 9:15am 9:30am - 1:30pm Deluxe Motor Coach to and from Hotel. 10:00am -12:00pm Coronado Walking Tour. 12:15pm - 1:15pm Lunch at Peohe s 1:15pm depart for 1:30pm return to Marriott. Please join us for a leisurely walk through quaint Coronado, once the playground of presidents and princesses. The tour begins with an overview of the island s history years of it to be exact. Beginning in 1542 when Juan Rodriguez Cabrillo, a Spanish explorer first arrived in San Diego, all the way up until the finishing touches were put on the Hotel Del Coronado. The Hotel Del holds the most stories, having been the filming site for the legendary film Some Like It Hot with Marilyn Monroe. Movie stars weren t the only residents of the hotel. British royalty also called it home. The Duke and Duchess of Windsor were guests, and the Duchess even has a building on the hotel grounds named after her - the Duchess of Windsor Cottage. Before She was the Duchess of Windsor, She and King George VI were at the same dinner party. It was there that she saw the king and realized she wanted to one day be a Duchess. King George VI is the man that the movie King s Speech was based on, which recently won Best Picture at the Academy Awards. Further along the guide will point out the house where Frank L. Baum - author of the Wizard of Oz books spent winters. He wrote many of the books right here in Coronado! Advisory: Wear comfortable walking shoes. San Diego October 24-27, 2012 San Diego 13

14 Tours TORREY PINES GOLF TOURNAMENT THURSDAY: OCTOBER 25, 2012 Price: $ Maximum: Includes: Departure: 144 people 18 holes of golf, cart and transportation to and From the Marriott Hotel Meet in the North Tower Exit by Marriott Hall Ballroom At 10:45am for a 11:00am departure. Arrive at Torrey Pines 11:30 for a 12:00 shot gun start. Located in La Jolla (pronounced Ia hoya ) California, Torrey Pines Golf Course sits on the coastal cliffs overlooking the Pacific Ocean and is widely recognized as the premier municipal golf course owned and operated by a city. It is named after the Torrey Pine, a rare tree that grows in the wild only along this local stretch of the coastline in San Diego County and on Santa Rosa Island. Torrey Pines was where one of the most memorable modern day U.S. Open Championship, when in 2008, under the typically brutal conditions of this major tournament, injured and hobbling Tiger Woods defeated Rocco Mediate during their sudden death playoff after 90 grueling holes of exciting golf! So bring your A game and play a possibly once in a lifetime round of golf, surrounded by incredible view of the Pacific Ocean. Please note that you must provide your own lunch. You can buy a sandwich from the Marriott, or purchase lunch at the golf course. Advisory: Should you need to rent clubs, please call toll-free Suntan lotion and a camera. COOKING CLASS WITH WINE PAIRING FRIDAY: OCTOBER 26, 2012 PRICE: $ per person Maximum: 45 People Departure: Meet in the Marriott Hotel Lobby at 12:45pm and depart hotel at 1:00pm. Cooking class is 1:15pm - 3:15pm. Return to Hotel 3:30. Everything you need will be supplied for a gourmet three course meal with a wine paired specially for each dish. So grab your aprons and be prepared to arrive at the cooking school and be split up into teams. A Chef from the Wine and Culinary Center will demonstrate the preparation of each course and then you and your team will prepare it. Each course will be enjoyed after it has been prepared, along with a perfectly paired wine presented by a real Sommelier. This hands on class is designed to promote leadership and involvement, as well as being incredibly fun, messy and delicious! This will truly be a meal you won t forget, San Diego style th Annual National Conference of Bankruptcy Judges

15 Tours LA JOLLA TOUR WITH LUNCH FRIDAY: OCTOBER 26, 2012 Price: Maximum: Departure: $92.00 per person 45 people 9:45am Meet in the North Tower Exit by Marriott Hall Ballroom. 10:00am Depart Marriott and arrive La Jolla 10:30am. 10:30am - 12:30pm free time to Explore La Jolla. 12:30pm - 2:30pm Lunch at George s at the Cove. 2:30 Depart La Jolla and arrive Marriott 3:00pm Often referred to as the Jewel of the Pacific Coast, La Jolla Village is home to some of the finest art galleries and specialty boutiques on the west coast. You will be provided a map of the area that will include the must sees of the area, the most popular shops, galleries and eateries. You are sure to find designer treasure in one of the many owner-operated establishments. After you have shopped and explored your free time in La Jolla, you will head over to George s at the Cove for a scrumptious lunch. George s is consistently voted as one of San Diego s favorite restaurants. The fantastic food, service and unbeatable views are sure to be remembered. Chef Trey Foshee creates innovative and contemporary dishes, using food at its peak of freshness. Subsequently the menu is ever changing, but always consistently fabulous. Advisory: Comfortable shoes, a jacket, camera and money to shop! San Diego October 24-27, 2012 San Diego 15

16 Final Night Dinner Partying with CCR! Give CREEDENCE to what I say: It ll become CLEAR (as) WATER. San Diego is about to be REVISITED. What a FORTUNATE SON! No, I wasn t BORN ON THE BAYOU, but I was LOOKIN OUT MY BACK DOOR Wondering WHO LL STOP THE RAIN, when I decided that it didn t matter I m not a PROUD MARY! No Sir! And I d beg DOOR TO DOOR or stand DOWN ON THE CORNER if I had to! But, as luck would have it, there was no BAD MOON RISING and when I asked for the MIDNIGHT SPECIAL, well Man, I Got It! Yes, that TRAVELIN BAND, Creedence Clearwater Revisited is the entertainment for LODI, I mean San Diego! Are you enticed to start TEARIN UP THE COUNTRY to get your tickets to the Final Night Dinner? Well, HEY (order your tickets) TONIGHT! Otherwise, you ll have to answer Yes! when someone asks you, HAVE YOU EVER SEEN THE RAIN? Because you ll be SO crying alone in your room while the rest of us are PARTYING with CCR! th Annual National Conference of Bankruptcy Judges

17 Registration Information REGISTRATION DESK The registration desk will be located in Marriott North Tower HOURS OF REGISTRATION Wednesday, October 24, 2012 Noon to 7:00pm Thursday, October 25, :30am - 4:30pm Friday, October 26, :30am - 3:30pm Saturday, October 27, :30am - 1:00pm FEE INFORMATION Registration Fee Includes: AIRA Opening Reception, Conference Educational Program and Materials Spouse Fee Includes: AIRA Opening Reception Registrant and registered spouse may also purchase tickets for the Final Night Dinner, Breakfasts, Luncheons and Tours. CANCELLATION AND REFUND POLICY All registrations that are cancelled are subject to a $100 processing fee (no matter when cancelled) and will only be granted if written requests are received PRIOR to September 24, No refunds will be granted after September 24, 2012 except in the case of a medical emergency or a death in the family. For more information regarding administrative policies such as cancellation and refund, please contact the NCBJ office at Breakfasts, Luncheons, Final Night Dinner and Tours are NON-REFUNDABLE after September 24, Cancellation of a spouse registration fee is subject to a $25 processing fee (no matter when cancelled) and will only be granted if written requests are received PRIOR to September 24, The other restrictions written above also apply. SUBSTITUTIONS AND WALK-INS Substitutions of registrants may be made prior to September 24, 2012 for no additional fee. Substitions BETWEEN September 25 and October 19 will be subject to a $100 processing fee. NO SUBSTITUTIONS WILL BE ACCEPTED AFTER October 19, You will be considered a WALK-IN registrant who may register at the door for $950. NAME BADGES Changes or replacements on site are $ No charge for corrections due to typo errors. Name badges MUST be worn to all NCBJ sponsored events. San Diego SAN DIEGO TOUR INFORMATION The Tours described in this brochure must be signed up for on-line or on the Tour Registration Form which can be found on the NCBJ website: Tours must be paid for in advance and included with your registration fees. Tours not meeting minimum participations may be cancelled and your money refunded. Some tickets may be available at the registration desk. Tickets are NON-REFUNDABLE after September 24, HOTEL INFORMATION Checking out earlier than your reservation check out date will be subject to a charge to you of one nights room rate. Please correct any arrival/departure dates 7 days in advance. The NCBJ host hotel is the San Diego Marriott Marquis. A block of rooms has been reserved for $259 for Cityview and $279 for Bayview per night plus taxes. Please contact the hotel directly by either phone ( ) or from the LINK ON OUR WEBSITE INVITATION. TRANSPORTATION BETWEEN AIRPORT & HOTELS Taxis are approximately a 20 minute commute. Valet parking is available at the going rate in October CONFERENCE ATTIRE AIRA Opening Reception: Casual Tours: Casual, with GOOD walking shoes Educational Sessions: Casual Final Night Dinner: Dressy Casual (jackets not required) CLE/CPE EDUCATION CREDIT CLE: You must fill out the grid and return it to NCBJ. CPE: Also complete the grid - CPE credit will be awarded by AIRA (not NCBJ). You must identify yourself as requesting CPE credit on your grid. A full listing of CLE credit hours will appear in your registration materials. If you are planning on attending the CLLA or ABA programs for CLE credit - please contact them directly for details. Be sure to include your BAR number(s) on your registration form. GRID and CERTIFICATES OF ATTENDANCE for CLE All NCBJ CLE Certificates of Attendance or scan cards will be in your registration packets. Please follow the directions for your state(s). Complete the grid given out at registration and TURN IT IN PRIOR TO YOUR DEPARTURE. Your certificate of attendance for states requiring them WILL be in your registration materials. ADDITIONAL INFORMATION Please contact Christine Molick, NCBJ Executive Director, or by fax, October 24-27, 2012 San Diego 17

18 Conference Registration NCBJ ATTENDEE PERSONAL INFORMATION Last Name: First Name: Firm/Company: Mailing Address: City: State: Zip: Phone: Fax: Spouse Name if Registered: Spouse Information: Spouse MUST BE REGISTERED to purchase tickets for Breakfasts, Luncheons, Final Night Dinner and Tours. FEE INFORMATION Discount Registration online until 9/24/2012. Full fee of $900 from 9/25/2012 to 10/19/2012. Attendee (Full Fee after 9/24/12 $900) $850 $ Former Judge (dues must be paid for 2012) $750 $ Full Time Law Professor (AALS) $425 $ Full Time Clerk/Law Student $425 $ Gov t Employee/U.S. Trustee $425 $ Spouse Registration Fee $150 $ Breakfast Meeting o AIRA Breakfast (Friday) $60/pp $ Luncheons o CLLA Luncheon (Thursday) $75/pp $ o ABI Luncheon (Friday) $75/pp $ FINAL NIGHT DINNER WITH CCR $110/pp $ (must be registered to purchase ticket) ABA Registration Fee $145/pp $ o ABA Luncheon (Thursday) $75/pp $ o ABA Luncheon (Friday) $75/pp $ Total from Tour Registration Form Total Amount $ $ *See Registration Information page regarding Substitution and Walk-In Registration Fees* Online Registration is required to register for NCBJ/ABI Roundtables. You are considered a WALK-IN at the registration fee of $950 if you register after 10/19/12. NO SUBSTITUTIONS AFTER 10/19/12. NO EXCEPTIONS. CLE/CPE CREDIT INFORMATION The following information is required to file your CLE/CPE credits I am a(n)... o Attorney o Professor o Gov t Employee o Other List all state and bar numbers for CLE Credit State Bar # State Bar # State Bar # State Bar # ALL ATTORNEYS: Complete the Grid you receive at registration and turn it in to the NCBJ Registration Desk or mail to the NCBJ office IMMEDIATELY following the conference. METHOD OF PAYMENT Payment must accompany Registration Form to be processed. Make check payable to NCBJ. Credit Card Information o MC o VISA o AMEX Card No. Exp. Date / Card Holder Signature DO NOT MAIL, FAX OR FED EX AFTER 10/12/2012. Fed Ex Address Mail Address 241 Aristides Drive NCBJ Irmo, SC P.O.Box (803) Charlotte, NC (803) Fax DO NOT WRITE IN THIS SPACE Date Received CC Approval # Amount Received Total from TOUR REGISTRATION FORM th Annual National Conference of Bankruptcy Judges

19 Tour Registration NCBJ ATTENDEE REGISTRATION INFORMATION *Tours are non-refundable after 9/24/2012. Please Print and include both First and Last Names of those attending Tours. NAME: NAME: NAME: NAME: THURSDAY, OCTOBER 25, 2012 Scenic San Diego by Land and Sea 9:15am to 1:30pm $196 per person $ (Number Attending) (Total) Strolling Through Coronado History With Lunch at Peohe s 9:15am to 1:30pm $121 per person $ (Number Attending) (Total) Golf at Torrey Pines 10:45am to 5:30pm $285 per person $ (Number Attending) (Total) FRIDAY, OCTOBER 26, 2012 LaJolla Tour With Lunch At George s at the Cove 9:45am to 3:00pm $92 per person $ (Number Attending) (Total) The Tours described in this brochure must be indicated on this form and paid in advance. Tours not meeting the minimum participation may be cancelled and your money refunded. Some tickets may be available at the tour desk. Tickets are non-refundable after 9/24/2012. Mail or Fax this form with Conference Registration to: National Conference of Bankruptcy Judges P.O. Box Charlotte, nc Fax: (803) Cooking Class with Wine Pairing 12:45pm to 3:30pm $205 per person $ (Number Attending) TICKETS ARE non-refundable AFTER 9/24/2012. (Total) San Diego October 24-27, 2012 San Diego 19

20 THANK YOU TO THE MEMBERS OF THE 2012 EDUCATION PROGRAM COMMITTEE! Hon. Marilyn Shea-Stonum, Chair Akron, OH Hon. Louise DeCarl Adler San Diego, CA Hon. Sheri Bluebond U.S. Bankrupty Court Hon. Sid B. Brooks Denver, CO Hon. Colleen A. Brown Burlington, VT Hon. Shelley C. Chapman U.S. Bankrupty Court Hon. Joy Flowers Conti U.S. District Court Pittsburgh, PA Hon. Dennis R. Dow Kansas City, MO Hon. Nancy C. Dreher Minneapolis, MN Prof. Michelle Harner University of Maryland School of Law Baltimore, MD Hon. Jeffery P. Hopkins Cincinnati, OH Richard B. Levin Cravath, Swaine & Moore LLP Hon. Margaret A. Mahoney Mobile, AL Prof. Troy McKenzie New York University School of Law Hon. Neil P. Olack Jackson, MS Hon. Pamela Pepper Milwaukee, WI K. John Shaffer Stutman, Treister & Glatt Doreen Solomon Executive Office for U.S. Trustees Washington D.C. Tara Twomey Of Counsel, National Consumer Law Center Boston, MA Hon. Gregg Zive Reno, NV Hon. Whitney Rimel, Consultant Fresno, CA Richard L. Wynne, Consultant Jones Day

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