Following are all of the education sessions that will be presented at NCBJ 2023. Your registration for the NCBJ Annual Meeting entitles you to attend and apply for CLE or CPE credit for all sessions sponsored by the NCBJ, ABI, AIRA and CLLA. You are also welcome to attend sessions sponsored by the ABA, but you will not be entitled to ABA’s materials or to CLE credit (except for the joint NCBJ/ABA Opening Program) unless you separately register and pay for the ABA programs when you register for the conference.
Many thanks to the NCBJ Education Committee for pulling together this fine program.
Note: To print this schedule, click on the three dots at the top right of your web browser and select “Print.”
|WEDNESDAY, OCTOBER 11, 2023|
|1:30-2:30 p.m.||ABA Program: Pro Bono: What's Your Bankruptcy Pro Bono Origin Story?
This panel will hear from pro bono heroes and she-roes, including judges, Supreme Court advocates, and others about how they got started in bankruptcy pro bono work, what they have learned from their pro bono matters, and how it has made them more effective in their work for other clients. Speakers will also offer practical tips about how (and why) to get started - whatever your stage in practice - in pro bono representation.
|THURSDAY, OCTOBER 12, 2023|
|8:45-10:00 a.m.||Who Wants to be a Millionaire?: NCBJ/ABA Special Edition |
Join the NCBJ and ABA as we look at the Supreme Court’s approach to bankruptcy law during Chief Justice Roberts’ eighteen terms at the helm, as well as other interesting and current bankruptcy issues, in a fun, interactive game-show inspired program. Three bankruptcy judges will compete and answer questions about, among other things, the makeup of the Supreme Court, trends, key Supreme Court bankruptcy decisions, and bankruptcy rules. Similar to the game show “Who Wants to Be a Millionaire?,” the program will allow contestants to use lifelines for assistance, including 50:50, Ask the Audience, and Ask the Judge. After each question, our resident expert Richard Levin will explain and discuss the correct answer. Adine S. Momoh, Assistant United States Attorney, United States Attorney's Office, District of Minnesota, will host.
|Host: Adine S. Momoh, Asst. U.S. Attorney (Minneapolis)
Expert: Richard Levin, Jenner & Block (New York)
Hon. Kesha L. Tenabe (DMN)
Hon. Christopher M. Alston (WDWA)
Hon. Scott C. Clarkson (CDCA)
“Phone a Judge”:
Hon. Brenda T. Rhoades (EDTX)
Hon. Eugene R. Wedoff (NDIL) (Ret.)
Hon. Stacey G. C. Jernigan (NDTX)
|10:00-10:30 a.m.||Networking Break / Java with a Judge|
|10:30-11:30 a.m.||Liability Management or Opportunity Run Amok: Debt Restructuring Transactions 2.0 |
This session will analyze the growth in liability management exercises and will feature a moderated discussion of recent trends and hot topics (such as "lender-on-lender violence") with respect to these transactions.
|Moderator: Hon. Laurie Selber Silverstein (DE)
Stephen Ford, Davis Polk & Wardwell (New York)
Deborah D. Williamson, Dykema Gossett (San Antonio)
David M. Nemecek, Kirkland & Ellis (Los Angeles)
|10:30-11:30 a.m.|| Judicial Roundtable: The ABCs and 123s of What Makes a Great Professional |
An insolvency professional’s work is varied and challenging. The transition from being good and effective to becoming great, however, requires outstanding advocacy in courtroom, the ability to be persuasive -- both before the court and in documents -- and skillful communication with professionals and clients alike. This panel will consider and explore ways to become a great professional through curated scenarios, roundtable engagement with judges and other attendees, and open discussion.
Hon. Diane P. Wood (CA7)
Hon. Stacey L. Meisel (DNJ)
25 judge table leaders
|11:45 a.m.-12:45 p.m.||Emerging Issues in Complex Chapter 11 Cases: An Exchange of Ideas |
Three judges from the busiest courts in the country and a leading academic will discuss trends in large-case files. The judges will examine the differences among their districts and highlight the rules and practices that are working in complex chapter 11 cases. The panel will also discuss third-party releases and other current issues in mass tort cases as well as debtor-in-possession financing motions and orders, especially those with non-standard provisions.
|Moderator: Rakhee V. Patel, Sidley Austin (Dallas)
Hon. Philip Bentley (SDNY)
Hon. Christopher M. Lopez (SDTX)
Hon. Karen B. Owens (DE)
Prof. Ralph Brubaker (University of Illinois)
|11:45 a.m.-12:45 p.m.||Restructuring Small Businesses: Dodging the Horns of a Dilemma |
This panel, through short vignettes, will demonstrate and discuss how to streamline a non-subchapter V small business case while navigating merchant cash advance and factoring issues and avoiding guaranty pitfalls.
|Moderator: Hon. Tiffany Geyer (MDFL)
Michael J. Gomez, Frandzel Robins Bloom & Csato (Fresno)
Dennis John Shaffer, Whiteford Taylor Preston (Baltimore)
Eric Van Horn, Spencer Fane (Dallas)
|11:45 a.m.-12:45 p.m.||The Consumer in Trouble: Turn Out the Lights – The Party’s Over |
Join a discussion of some of the more troubling issues that a consumer debtor may face, such as defending against Rule 9011 and 707(b) matters, invoking the Fifth Amendment, bankruptcy crimes, vexatious litigation and denial or waiver of discharge.
Hon. John W. Kolwe (WDLA)
Deborah Langehenning, Standing Chapter 13 Trustee (Austin)
Veronica Brown-Moseley, Financial Freedom Legal (Richmond, VA)
|11:45 a.m.-12:45 p.m.||ABA Program: Bankruptcy and Crypto Assets – Is This the End? Recovering Value for Creditors
With the recent failures in the cryptocurrency markets, the panel will look at what this means for entities and individuals holding (or hiding) digital assets in bankruptcy. The panel will focus on how stakeholders, including creditors, committees, and trustees, can recover value given the state of the market and technological obstacles to identifying the situs and ownership of crypto assets and recovering them for the benefit of creditors.
|1:00-3:00 p.m.||ABA Luncheon Program: Unreasonable Restraints: Considering Contractual Restrictions on Bankruptcy Relief
This program will consider recent cases addressing the enforceability of provisions in corporate governance documents and finance agreements restricting a debtor’s ability to file for bankruptcy or propose a plan of reorganization.
|1:00-3:00 p.m.||CLLA Luncheon Keynote: Admiral Bobby R. Inman’s View of the World and International Crises Facing the Country
Admiral Inman will provide his view of the world, recent international developments, and crises facing the country. In addition to his service for the United States Navy, Admiral Inman also served as the Director of the National Security Agency and Deputy Director of the Central Intelligence Agency and will provide his unique perspectives from a lifetime of service in several high-ranking positions within the United States government and military.
|3:30-5:00 p.m.||CLLA Frank Koger Memorial Education Program: Who Killed the Company? Tips and Trends in Claims and Defenses|
This program will focus on litigation tips and trends when a company dissolves or transfers assets without paying its creditors. What claims can be asserted by the bankruptcy estate as a plaintiff? What defenses can be raised by defendants in those actions? What are the practical and strategic considerations for both plaintiffs and defendants? This panel will discuss D&O claims, professional liability, and issues such as the in pari delicto defense, forum non conveniens, insurance coverage, and the insured vs. insured exclusion.
|Moderator: Hon. Marvin Isgur, (SDTX)
Leyza Blanco, Sequor Law (Miami)
Marc E. Hirschfield, Royer Cooper Cohen Braunfeld (New York)
Eric D. Madden, Reid Collins & Tsai (Dallas)
|3:45-4:45 p.m.||Subchapter V: The Cutting Edge|
This program will bring you up to speed on the most recent significant caselaw pertaining to cases fuled under subchapter V. The panel will discuss the hottest legal issues and trends in subV cases, such as the applicability of § 523(a)’s discharge exceptions to corporate debtors, the roles of the subV trustee, how courts can (or should) calculate a debtor’s disposable income, and ways to determine if a plan is “fair & equitable” for purposes of non-consensual confirmation.
|Moderator: Hon. Hannah L. Blumenstiel (NDCA)
Caroline Djang, Buchalter Law Firm (Irvine)
Aditi Paranjpye, Craincross & Hempelman (Seattle)
Charlie Shelton, Hayward PLLC (Austin)
|3:45-4:45 p.m.||The Mystery of Official Committee Formation and Its Unique Governance Issues|
This program will feature high-level discussions of topics related to creditors' committees issues, including formation and appointment, removal, reconstitution of committee composition, and unique governance issues.
|Moderator: Hon. Denise E. Barnett (WDTN)
James Stang, Pachulski Stang Ziehl & Jones (Los Angeles)
Michael St. Patrick Baxter, Covington & Burling (Washington, DC)
Millie Sall, Asst. U.S. Trustee (Houston)
|3:45-4:45 p.m.||ABA Program: Stories of Afghan Women Judges – The Perils, the Escape, and the Future
This program will feature extraordinary stories from Afghan women judges forced to flee when the Taliban took over Afghanistan in August 2021. Facing threats to their personal safety, immediate loss of their jobs, and draconian measures by the Taliban against women, these Afghan women judges escaped with the assistance and support of the international legal community. Now, joined by judges who have served as their mentors in the United States, these brave and resilient women have agreed to share their experiences.
|FRIDAY, OCTOBER 13, 2023|
|7:30-8:45 a.m.||AIRA Breakfast: Valuation Conundrums – Finance as the Handmaiden of the Court and not its Jailer|
Experts may aid a trier of fact in measuring fair market value, fair value, investment value, or some other measure of value; however, courts make determinations with regard to a legal standard, not a financial standard.
The learning objective of this program is to identify various assumptions and inputs to classic valuation approaches and methods that have been rightly contested or unnecessarily confused in the cross-over between employing common valuation standards using traditional and well-accepted techniques and fashioning equitable relief demanded by bankruptcy law.
|Speaker: Professor Jack F. Williams, Georgia State University College of Law (Atlanta)|
|9:00-10:00 a.m.||The Next Generation of Bankruptcy Cases: The Times They Are a-Changin’! |
This plenary program features leaders discussing what the next generation of bankruptcy cases will look like, considering the types of Bankruptcy relief available, against the evolving implications of governance roles and financing sources.
|Moderator: Hon. Craig T. Goldblatt (DE)
Susheel Kirpalani, Quinn Emanuel Urquhart & Sullivan (New York)
Candace M. Arthur, Weil Gotshal & Manges (New York)
Alphamorlai “MO” Kebeh, Danning Gill Israel & Krasnoff (Los Angeles)
|10:00-10:30 a.m.||Networking Break / Java with a Judge|
|10:30-11:30 a.m.||The NCBJ and the International Insolvency Institute Present “We’re Not in Kansas Anymore”: U.S. and Foreign Companies in U.S. and Foreign Bankruptcies|
You’re invited to a fireside chat on key issues that have arisen in recent cross-border cases and ways to address constraints of the applications of foreign law in the context of chapter 11. Our expert panel will also discuss how chapter 15 cases and application of foreign law may be used to obtain relief that is unavailable in chapter 11 cases in the context of, for example, third-party releases. In addition, panelists will talk about the Judicial Insolvency Network, whose guidelines have been adopted by jurisdictions in the U.S., such as the S.D.N.Y., S.D. Fla., D.Del. and S.D. Tex., as well as several foreign courts, and issues related to limits on extraterritorial jurisdiction.
Hon. Robert Drain (SDNY) (Ret.), Skadden, Arps, Slate, Meaher & Flom (New York)
Hon. Daniel Carnio Costa (Sao Paulo State Court of Justice)
Prof. Jay L. Westbrook (University of Texas)
Lisa Laukitis, Skadden, Arps, Slate, Meagher & Flom (New York)
|10:30-11:30 a.m.||ABI Program: What is Good Faith?
A discussion of the courts’ interpretations of good faith and its potentially differing meanings under different Bankruptcy Code sections, including how to demonstrate financial distress in light of the Third Circuit’s ruling in LTL.
|10:30-11:30 a.m.||ABA Program: Bankruptcy Committees: It’s All About the Bottom Line. Or Is it?
Modern thinking about corporate responsibility embraces the concept that there are a lot of stakeholders besides creditors and shareholders. How does this translate to bankruptcy cases? Is there a role for CSR and ESG in bankruptcy? Is there a role for an out-of-the-money Committee? Join our panel of experts in taking on the circumstances when committee can, and whether it should, consider non-economic concerns.
|11:45 a.m.-12:45 p.m.||Cryptocurrency and the Code|
Join Judge Dorsey (the judge president over the FTX bankruptcy case) and professionals involved in other cryptocurrency cases as they discuss key questions that have emerged as crypto companies navigate through the chapter 11 process. Panelists will discuss whether crypto is property of the estate, if customer claims should be dollarized as of the petition date, how the current regulatory environment impacts exit strategies, and other issues unique to cryptocurrency.
|Moderator: Hon. John T. Dorsey (DE)
Bryce A. Suzuki, Snell & Wilmer (Phoenix)
Ross M. Kwasteniet, Kirkland & Ellis (Chicago)
Brian Tichenor, Moelis & Co. (New York)
|11:45 a.m.-12:45 p.m.||Hope or Hype: Examining the New Agency Guidance on Student Loan Dischargeability |
A distinguished panel of experts will engage in an informative discussion examining whether the new DOJ guidelines on discharging student loan debt will provide help and hope for debtors struggling with the burden of that debt. Other student loan debt relief developments having an impact on the guidance will also be discussed.
Hon. Martin R. Barash (CDCA)
John Rao, National Consumer Law Center (Boston)
Raychelle Tasher, Asst. U.S. Attorney (SDFL)
|11:45 a.m.-12:45 p.m.||ABI Program: Various Paths to Redress in Bankruptcy
Discussion of motions to reconsider, appeals, petitions for en banc review in appellate decisions, motions to reopen closed cases, etc.
|1:15-3:00 p.m.||NCBJ Luncheon Program: An Insider’s Perspective on Ukraine|
This keynote luncheon will feature the Hon. Barbara J. Houser (NDTX) (Ret.) speaking with Natalie Jaresko, a managing director at EY-Parthenon and former Ukraine Minister of Finance and Executive Director of the Puerto Rico Oversight Board. The conversation will focus on the current situation in Ukraine; the economic effect that the war is having on Ukraine, the U.S., and the world; and the important role that Ukraine’s judicial system will play in rebuilding the Ukrainian economy once the war is over.
Natalie Jaresko, EY-Parthenon
Hon. Barbara J. Houser (NDTX) (Ret.)
|3:45-4:45 p.m.||Welcome to the Jungle: Expert Witness Preparation and Testimony |
Complex chapter 11 cases almost always require the involvement of expert witnesses. Preparing expert reports and shepherding experts through the depositions and trials are becoming increasingly critical to bankruptcy case decisions and outcomes. This panel will consider and demonstrate what it takes to be an effective expert in the various aspects of a complex chapter 11 case, from the perspectives of the expert, counsel, and the judge.
|Moderator: Hon. Alia Moses (WDTX)
Sean Davis, Winstead (Houston)
John Harris, Quarles & Brady (Phoenix)
Brad Orelowitz, The Michel-Shaked Group (Boston)
|3:45-4:45 p.m.||Supply Chain Issues and Inflation: Past, Present, and Future|
Inflation, recession, war, trade disputes, pandemics, energy access issues, chip shortages — the list of challenges impacting the global supply chain is getting longer by the day. As a result, companies must continue to develop their supply chain strategies and operations to successfully navigate this new world. This panel will discuss the supply chain and inflation challenges impacting businesses today, their causes and effects, and strategies and options to help mitigate these effects.
|Moderator: Hon. Lisa Gretchko (EDMI)
Ricardo Kilpatrick, Kilpatrick & Associates (Detroit)
Sunny Singh, Simpson Thacher & Bartlett (New York)
Prof. S. Raj Rajagopalan, USC Marshall School of Business
|3:45-4:45 p.m.||Interesting Consumer Issues – When I Find Myself in Times of Trouble |
Join us for a discussion of current and interesting consumer issues which may include the use of carve out settlements, non-monetary defaults, coerced debt, a debtor’s absolute right to dismiss her case, the power of chapter 13 trustees to recapture post-petition funds and local rules gone amuck.
Hon. Patricia M. Mayer (EDPA)
Prof. Angela K. Littwin (University of Texas)
Rashad Blossom, Blossom Law (Charlotte)
|SATURDAY, OCTOBER 14, 2023|
|8:30-9:30 a.m.||Judicial Roundtable - Don’t Mess with Texas (or Ethics): Avoiding Unanticipated Landmines and Pitfalls |
Join a nationally-renowned ethics expert, a district court judge, and twenty bankruptcy judges for a roundtable discussion on real-world ethical dilemmas, including emerging issues related to the use of ChatGPT and Internet law firms, the taboo topics of competency of counsel and competency of clients, recent ripped-from-the-headlines examples of the perils of inadequate disclosure and the intersection of social media and professional responsibilities.
Hon. Robert R. Summerhays (WDLA)
Susan M. Freeman, Lewis & Roca (Phoenix)
20 Judge table leaders
|9:45-10:45 a.m.||That’s What Boards Are For: Corporate Governance Issues in Chapter 11|
The role of a corporation’s board of directors can change when financial distress approaches. Directors’ decisions have the potential to change the landscape of both a bankruptcy case and the strategic positions that parties take, and actions by management and other insiders at the time leading up to bankruptcy are often challenged. These dynamics raise questions about what duties a director owes and to whom, how non-bankruptcy governance rules align with the Bankruptcy Code and who is best positioned to investigate and settle claims of insider misbehavior. Join seasoned panelists who will discuss, among other issues, corporate governance before and during bankruptcy, the pre-petition appointment of independent directors, management compensation decisions, and the investigation of claims against insiders.
Hon. Thomas M. Horan (DE)
Vice Chancellor Lori W. Will (DE Court of Chancery)
Robert J. Feinstein, Pachulski Stang Ziehl & Jones (New York)
Sherman K. Edmiston, III, HI CapM Advisors (New York)
|11:00 a.m.-12:00 noon||Three Great Debates on Hot Topics (with a Twist) |
The Annual Meeting's educational programming will conclude with three entertaining and interesting debates on topical issues. The twist? Each of the three debate pairs are married to each other!
Resolved: State court judges and bankruptcy judges should communicate, even collaborate, or cooperate, when their cases intersect.
Resolved: The Bankruptcy Code does not prohibit secured creditors from making gifts to other parties-in-interest to further chapter 11 objectives.
Resolved: A small business debtor reorganization under subchapter V of chapter 11 of the Bankruptcy Code provides better benefit to all stakeholders than an assignment for the benefit of creditors.
|Debate #1: Hon. Paul Singleton (NDIN) and Hon. Stephanie E. Steele (IN Superior Court)
Debate #2: Claire Ann Richman and Michael Richman, Steinhilber Swanson (Madison)
Debate #3: Patricia Ann Redmond, Redmond Stearns Weaver Miller Weissler Alhadeff & Sitterson (Miami), and Jerry M. Markowitz, Markowitz Ringel Trusty & Hartog (Miami)