Mid-Atlantic Bankruptcy Workshop 2009 by American Bankruptcy Institute

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August 6~8, 2009 The Hotel Hershey速 Hershey, PA

Hershey is a trademark used with permission

5th Annual Mid-Atlantic Bankruptcy Workshop On behalf of our distinguished faculty and Advisory Board, we are pleased to invite you to attend the 5th Annual ABI Mid-Atlantic Bankruptcy Conference, to be held at The Historic Hotel Hershey®. More than just chocolate and a theme park, The Hotel Hershey® offers accommodations of classic elegance complete with the amenities expected of a truly grand hotel. Championship golf, a luxurious spa (a whipped cocoa bath!) and a $67 million “Grand Expansion” of the hotel’s recreation area and lobby make this an unforgettable getaway! Seven hours of CLE, networking opportunities and optional events for everyone have been planned for this year’s meeting! The Advisory Board has assembled the region’s best speakers and topics to cover all the changes you need to know in this economic climate

We look forward to welcoming you to Hershey!

5th Annual

Mid-Atlantic Bankruptcy Workshop Judicial Co-Chairs

Program Co-Chairs

Hon. Kevin J. Carey U.S. Bankruptcy Court (D. Del.) Wilmington

Howard Brod Brownstein, CTP NachmanHaysBrownstein, Inc. Narberth, Pa.

Hon. C. Kathryn Preston U.S. Bankruptcy Court (S.D. Ohio) Columbus

Heather Lennox Jones Day; Cleveland Frank A. Monaco Womble Carlyle Sandridge & Rice PLLC Wilmington, Del.

Optional Events Cocoa Kids Clubsm

Full or half day

Sporting Clays Tournament

Friday, August 1, 1:30 p.m. Sponsored by Morris, Nichols, Arsht & Tunnell, LLP

The Cocoa Kids Clubsm is the perfect place for young vacationers to make new friends and learn new skills, including tennis, basketball, arts and crafts, swimming, kids fitness and ice cream-making, and kids can visit the Children’s Garden & Butterfly House. Full-day (9:00 a.m.-4:00 p.m.) pricing is $75 per child and includes lunch and snacks; half-day (9:00 a.m.-1:00 p.m. or 12:00 p.m.-4:00 p.m.) is $50 per child. Evening camp time is 5:00-9:00 p.m. and is $50 per child. To enroll your child(ren) in the Cocoa Kids Clubsm, please call The Hotel Hershey® directly at (717) 533-2171 x1702.

Both addictive and challenging, sporting clays is often referred to as “golf with a gun.” Instead of sinking a ball into a hole, shooters aim to break targets along a designated course. All family members can safely enjoy this energetic sport at the Palmyra Sportsmen’s Club. The $100 fee includes a boxed lunch, transportation and all tournament fees. Please mark the appropriate box on the registration form.

Falconry Experience

Friday, August 7, 2:00 p.m Sponsored by Protiviti Inc.

Optional Event: Golf Tournament

Friday, August 7, 1:00 p.m.

Sponsored by Getzler Henrich & Associates LLC

Hershey® Country Club’s West Course provides a bird’s-eye view of the town, including play atop the hill on the front lawn of Milton Hershey’s estate, High Point Mansion. This par-73 course has tree-lined fairways, lush greens and challenging hazards, and was awarded Golfweek’s “2008 Best Courses You Can Play and Best Resort Courses” award. Greens fees for the shotgun golf tournament are $160 per person (includes cart, lunch, prizes and transportation). To play, mark the appropriate box on the registration form, indicate your handicap and include payment. Lunch will be provided at 12:00 noon.

Falconry is the craft of hunting wild game with trained birds of prey: hawks, eagles and falcons. It originated in Central Asia more than 4,000 years ago and was a practical means of putting food on tables. Today, it is the most heavily regulated field sport in the nation, with about 3,500 devotees who are licensed by both state and federal wildlife agencies. The Falconry Experience by the The Hotel Hershey® will acquaint participants with the history of man’s relationship with raptors and the evolution of falconry. It will include free-flight demonstrations, a simulated hunt demonstration and an opportunity for participants to hold a majestic bird of prey. The cost for this event is $95 per adult and $80 for children 8-12 (no one under the age of 8 can participate in this event) and includes transportation and lunch. Please mark the appropriate box on the registration form.

Discounted Tickets to Hersheypark®

Advertising Opportunities The ABI Journal, the flagship publication of ABI, reaches more than 12,000 insolvency professionals. Advertisers can reach top-tier decision-makers through ABI’s 10 ABI Journal issues each year.

Mark the appropriate box on the registration form and receive discounted tickets to Hersheypark® during your stay (tickets are general admission and can be used on any date through 2009). The cost per person is $35 for adults and $25 for children aged 3-8 years and senior citizens aged 55-69; children 2 and under are free. Purchased tickets will be in your registration envelope when you arrive at the hotel.

5th Annual

Mid-Atlantic Bankruptcy Workshop Sponsors

Increase your companyâ&#x20AC;&#x2122;s visibility through first-rate sponsorship opportunities. Contact Anne-Marie Corkran at 703-739-0800.

Ashby & Geddes, PA

McCarter & English, LLP

Bederson & Company, LLP

Mesirow Financial Consulting, LLC

Bond, Schoeneck & King, PLLC

Miles & Stockbridge PC

Cole, Schotz, Meisel, Forman & Leonard, PA

Morris, Nichols, Arsht & Tunnell, LLP

Connolly Bove Lodge & Hutz LLP

NachmanHaysBrownstein, Inc.

Duane Morris LLP

SSG Capital Advisors, LLC

Equity Partners, Inc.

Potter Anderson & Corroon LLP

Getzler Henrich & Associates LLC

Protiviti Inc.

Jones Day

Womble Carlyle Sandridge & Rice PLLC

2009 Presidential Partner

West is well known for its comprehensive collection of practice and analytical research tools, helping practitioners stay current on the latest bankruptcy changes. Foremost in its collection is the Norton Bankruptcy suite of publications. Highly regarded for its forward-looking analysis from over 100 leading bankruptcy authorities, the Norton materials can guide any practitioner through the complexities of bankruptcy reform. ABI members are eligible for a 20% discount off new subscription prices for selected West bankruptcy publications. Use promotion code 557651 when checking out at our store, www.west. thomson.com/bankruptcy.

2009 Executive Partners

Program {continued}

Saturday, August 8

The Forgotten Faces: Employment Issues in Bankruptcy

7:30 a.m.-12:00 p.m.

Employment issues in bankruptcy continue to be at the intersection of law and social policy. What’s next in employment and bankruptcy?

8:00-9:00 a.m.

Hon. John J. Thomas, Moderator U.S. Bankruptcy Court (M.D. Pa.); Wilkes Barre Kenneth H. Brown Pachulski Stang Ziehl & Jones LLP San Francisco Michael G. Busenkell Womble Carlyle Sandridge & Rice PLLC Wilmington, Del. Robert Lapowsky Stevens & Lee, PC; Philadelphia Richard F. Shaw Jones Day; Pittsburgh

1:00 p.m.

Golf Tournament

ABI Registration Desk Open Breakfast Plenary Session Sponsored by Getzler Henrich & Associates LLC

Do Not Pass “Go”: Bankruptcy Crimes/Ethics From Madoff to mortgage scams, fraud and crime are an increasing feature of cases today. Find out the latest from a practitioner and author on the subject and a representative from the Office of the U.S. Trustee.

Hon. Richard E. Fehling U.S. Bankruptcy Court (E.D. Pa.); Reading Martha R. Hildebrandt Office of the U.S. Trustee; Newark, N.J. M. Stephanie Wickouski Drinker Biddle & Reath LLP; New York

9:15-10:30 a.m.

Sponsored by Equity Partners, Inc.

10:45 a.m.-12:00 p.m. Anything but Bankruptcy! Redux: Nonbankruptcy Alternatives Given the cost and unpredictability of bankruptcy proceedings, more parties are looking toward nonbankruptcy alternatives such as consensual workouts, assignments and receivership. Learn about these state law-based alternatives from professionals who handle them everyday.

Hon. Thomas P. Agresti, Moderator U.S. Bankruptcy Court, (W.D. Pa.); Erie M. Colette Gibbons Schottenstein, Zox & Dunn Co., LPA; Cleveland Mark A. Gittelman PNC Bank, NA; Philadelphia Camille W. Hill Bond, Schoeneck & King, PLLC; Syracuse, N.Y. Michael R. Lastowski Duane Morris LLP; Wilmington, Del. Nancy A. Valentine Hahn Loeser & Parks LLP; Cleveland Not So Fast! Creditor Committees Stake Their Claim Creditor committees continue to be the counterpoint against debtor excess. Hear about their tactics and strategies from committee counsel and advisors.

Roberta A. DeAngelis, Moderator U.S. Trustee, Region 3; Philadelphia Mark E. Felger Cozen O’Connor; Wilmington, Del. Edward T. Gavin, IV, CTP NachmanHaysBrownstein, Inc.; Wilmington, Del. Joshua T. Klein Fox Rothschild LLP; Philadelphia Laurie Selber Silverstein Potter Anderson & Corroon LLP; Wilmington, Del. When Circuits Collide: Circuit Splits Life would be difficult enough if courts spoke with a single voice. On the other hand, variety is the spice of life! Listen to our panel of judges discuss the splits of authority among decisions and higher courts.

Prof. David Arthur Skeel, Moderator University of Pennsylvania Law School; Philadelphia Hon. Jean K. FitzSimon U.S. Bankruptcy Court (E.D. Pa.); Philadelphia Hon. Stephen S. Mitchell U.S. Bankruptcy Court (E.D. Va.); Alexandria, Va. Hon. James W. Peck U.S. Bankruptcy Court (S.D.N.Y); New York Hon. Kay Woods U.S. Bankruptcy Court (N.D. Ohio); Youngstown

5th Annual Mid-Atlantic Bankruptcy Workshop Program

Thursday, August 6 2:00-6:00 p.m.

ABI Registration Desk Open

9:00-5:00 p.m. ABC Exam

6:00-8:00 p.m.

Opening Reception Sponsored by Bederson & Company, LLP; Bond, Schoeneck & King, PLLC; Connolly Bove Lodge & Hutz LLP; Duane Morris LLP; Jones Day; and Potter Anderson & Corroon LLP

Friday, August 7 7:00 a.m-12:00 p.m.

ABI Registration Desk Open

8:00-9:00 a.m.

Breakfast Plenary Session Sponsored by Miles & Stockbridge PC

Been Down So Long, It Looks Like Up to Me: The Economic Recovery The recovery is scheduled to begin on October 23, but which year? Hear the latest prognostications on the banking and financial markets from one of the regionâ&#x20AC;&#x2122;s most noted forecasters.

Dr. Herbert E. Taylor Vice President, Federal Reserve Bank of Philadelphia

9:15-10:30 a.m.

Concurrent Sessions Capital Markets: Making Bricks without Straw Notwithstanding the scarcity of DIP and emergency financing, deals are getting done. Find out how from our panel of experts.

Hon. Kevin Gross, Moderator U.S. Bankruptcy Court (D. Del.); Wilmington Derek C. Abbott Morris, Nichols, Arsht & Tunnell LLP; Wilmington, Del. Mark D. Collins Richards, Layton & Finger, PA; Wilmington, Del. Geraldine E. Ponto Gibbons PC; Newark, N.J. J. Scott Victor SSG Capital Advisors, LLC; West Conshohocken, Pa.

Conference Information Hotel Situated high atop the town of Hershey, Pa., The Hotel Hershey® is a getaway in itself. This is a place to awaken your senses, soothe your soul, and experience the finest in elegance and service. The Hotel Hershey® Milton Hershey’s ultimate expression of grandeur, has received the AAA Four-Diamond Award for 27 consecutive years and the Mobil Four-Star distinction for more than 16 years. With the recent completion of the “Grand Expansion,” the hotel added a new recreation area, year-round ice-skating rink, multi-pool swimming complex with an infinityedge pool, and a 130-seat restaurant. ABI has arranged a special conference rate of $285 per night. Reservations must be made directly with the resort by July 5, 2009, to secure the special rate. Upon payment of the conference registration fees, you will receive hotel reservation information with your conference confirmation. Reservations may be made only once you have registered with ABI. Rooms are held on a first-come, first-served basis. ABI cannot guarantee any rooms after the specially-rated ABI block is filled. Transportation Air: Hershey is located 15 minutes from Harrisburg International Airport (MDT). Eight major airlines operate out of Harrisburg International Airport, with nearly 100 daily flights to and from Harrisburg for your convenience, including direct flights from most major Eastern cities. For more information, visit www. FlyHIA.com. Hershey is also easily accessible from Baltimore/ Washington International Airport (BWI). Transportation is not provided, but can be arranged upon request. The airport is an easy 90-minute drive from Hershey, Pa. Ground: Hershey is conveniently located in close proximity to most major metropolitan areas in the Northeast and Mid -Atlantic, making The Hotel Hershey® a classic hotel located in a unique resort destination. Fun so close, you can taste it! • 1.5 hours from Baltimore • 1.5 hours from Wilmington • 2 hours from Philadelphia • 2 hours from Washington, D.C. • 3 hours from New York City • 3.5 hours from Pittsburgh For detailed driving instructions, please see ABI’s conference information page at www.abiworld.org/MA09.

Discounted air travel is available through American Airlines. For fare and schedule information and to make reservations, please visit www.aa.com or call American Airlines Meeting Services at (800) 433-1790 and use promotion code A9989AA.

Avis car rental discounts are available using the Avis Worldwide discount number T312999. Call at (800) 331-1600 or book online at www.avis.com. Conference Attire Attire is casual throughout the conference. Cancellation Policy All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by July 17, 2009. No refunds will be honored after July 17, but substitutions will be allowed. Continuing Education Approval for approximately 7 hours of CLE credit, including 1 hour of ethics, is available. CPE credit is also available; mark the appropriate box on the registration form. California MCLE–ABI certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 7 hours, of which 1 hour will apply to legal ethics. *ABI offers intermediate-advanced level courses, which have no prerequisites for attendance. ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN 37219-2417, or www.nasba.org. For more information regarding administrative policies such as complaint and refund, please contact the American Bankruptcy Institute at (703) 7390800. ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-bycase basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover of the cost of meals and materials. For persons unable to pay a reduced rate, we may allow the individual to work at our registration area for a few hours during attendee check-in, or assist in conference set-up. ABI also has reduced rates for government employees, professors, law clerks and students. For information on tuition assistance, send an e-mail to jdugas@abiworld.org.

Hershey is a trademark used with permission

CLE Programs

Friday, August 7

Saturday, August 8

8:00-9:00 a.m.

o Been Down So Long, It Looks Like Up to Me: The Economic Recovery

o Do Not Pass “Go”: Bankruptcy Crimes/Ethics

9:15-10:30 a.m.

Concurrent Sessions:

Breakfast Plenary Session

Breakfast Plenary Session:

Concurrent Sessions: o Capital Markets: Making Bricks without Straw o Clean-up on Aisle 5: Retail Industry Reorganizations and Liquidations o After the Ball: Post-confirmation Issues o Prove It! Evidence in Bankruptcy Proceedings

10:45 a.m.-12:00 p.m. Concurrent Sessions:

9:15-10:30 a.m.

o Anything but Bankruptcy! Redux: Nonbankruptcy Alternatives o Not So Fast! Creditor Committees Stake Their Claim o When Circuits Collide: Circuit Splits o The Forgotten Faces: Employment Issues in Bankruptcy

10:45 a.m.-12:00 p.m. Concurrent Sessions:

o Capital Markets: Making Bricks without Straw o Clean-up on Aisle 5: Retail Industry Reorganizations and Liquidations o After the Ball: Post-confirmation Issues o Prove It! Evidence in Bankruptcy Proceedings

ABC Certification The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams at The Hotel Hershey® on Thursday, August 6, from 9:00 a.m.-5:00 p.m. Details on the certification process, exam composition and sample exam can be obtained by calling ABC at (319) 369-2222, by e-mailing certification@abcworld.org or by visiting the ABC Web site at www. abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.

American Board of Certification Exams

Thursday, August 6, from 9:00 a.m.-5:00 p.m. at The Hotel Hershey®. Call (319) 369-2222 or e-mail certification@abcworld.org for details. o Consumer Bankruptcy Exam o Business Bankruptcy Exam o Creditors’ Rights Exam

($125 exam fee)

Make check payable to American Board of Certification and return with this clipping to: American Board of Certification, The American Building, 101 Second Street SE, Ste. 904, Cedar Rapids, IA 52401. o Credit Card (Charge to account no. provided for conference.) A Short Form Application and fee ($495) are also required prior to the exam. Please go to www.abcworld.org if you have not submitted the application.

The ABI Endowment Fund was created in 1989 to provide resources for research and education. Projects eligible for funding include studies relating to bankruptcy or insolvency; surveys or other analytical investigation; the education of judges, court personnel, other governmental personnel and the general public; scholarships or other educational grants; and any other projects with a material research or educational benefit to the bankruptcy and insolvency community. More than $800,000 has been distributed. Contributions are tax deductible. The ABI Endowment is a 501(c)(3) tax-exempt organization. To donate to the fund, please check the appropriate box on the registration form or contact:

ABI Endowment Fund

P.O. Box 34709 Alexandria, VA 22334-0709 Call: (703) 739-0800 â&#x20AC;˘ Fax: (866) 921-1027 Online: www.abiworld.org/endowment

I support insolvency research and education! Levels of Support:

o Century Council Member $25,000 and Greater o Sustaining Member $2,000 - $4,999 o Lifetime Member* $10,000 - $24,999 o Donor $100 - $1,999 o Benefactor $5,000 - $9,999 New contributions or pledges at or above the Sustaining Member level will be recognized at the Annual Spring Meeting. Contributions may be paid in equal installments of up to five years. All gifts are cumulative to allow donors to advance their level of contribution. * Lifetime members receive a complimentary annual membership on completed payment of the pledge.

All contributions are tax deductible. The ABI Endowment is a 501(c)(3) tax-exempt organization. ABI also accepts stock donations. Donor Information

List As _ ______________________________________________________________________ (as you want it to appear in ABI acknowledgement materials)

Billing Information

Contact Name/Firm _____________________________________________________________ Address________________________________ City_______________ State_____ Zip________

My total pledge is $ __________________Contribution solicited by _______________________ Payment Options

o Check payable to American Bankruptcy Institute Endowment Fund enclosed. US$ _________

o Bill my credit card

oy ow

Acct. No._______________________________________ Exp. Date _____________________ Signature______________________________________________________________________ o Please bill me for my gift of US$ _______ o Installment pledge (annual): US$ ____________ total pledge over _______ years Send completed form with payment to: ABI Endowment Fund P.O. Box 34709

Alexandria, VA 22334-0709. If paying by credit card, FAX (866) 921-1027.

5th Annual Mid-Atlantic Bankruptcy Workshop Registration Form

Complete this registration form, make check payable to American Bankruptcy Institute and return to: ABI, P.O. Box 34709 Alexandria, VA 22334-0709, ATTN: MA09. Credit card payments can be faxed to (866) 921-1027. Register online at www.abiworld.org/MA09.

Name _ ____________________________________________ Nickname _ _________________________________ Title_______________________________________________ Firm/Company _ _____________________________ Address _______________________________________________________________________________________ City, State, Zip _ _____________________________________ Phone /Fax __________________________________ E-mail ________________________________________________________________________________________ 1. Conference Rates*

Early Bird

Regular

Late

(postmarked by 5/21/09)

(5/22/09–7/9/09)

(after 7/9/09)

ABI Member o $545 ABI Govt./Academic Member o $345 Non-member* o $795 Govt./Academic Non-member* o $440 Member Exhibit Registration** Non-member Exhibit Registration*** Additional Booth Representative****

o $595 o $395 o $845 o $490 o $1,600 o $1,875 o $300

* Registration rates include: • Continental breakfasts • All refreshment breaks • Written materials and CD-Rom

o $645 o $445 o $895 o $540

*Includes one-year ABI membership for first-time members only—a $275 value! You must be an ABI member to attend. Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership renewal fee (see step 3). ** Includes one 6’ table and full registration for one booth representative. ***Includes one 6’ table and full registration for one booth representative AND one-year ABI membership. First-time members only. **** The $300 fee does not include any function/optional events.

2. Continuing Education Credit o CLE/CPE Credit State(s) ____________________________ Bar No. _____________________________ (circle one) 3. ABI Annual Membership Renewal (Optional) Regular Govt./Academic/Nonprofit

o $275 o $95

$ ________ $ ________

4. ABI Endowment Fund (Optional) List as: ________________________________________________________________________________ o Yes, I’d like to contribute to the ABI Endowment Fund. o $50 o $100 o $250 o Other $_ _____________ o Yes, I’d like to make a pledge. Please contact me regarding billing. 5. G uest Information (If Applicable) 1. Guest Name _______________________________2. Guest Name ________________________________ (Please attach additional page if more than 2 guests.) ABI defines a “guest” as a spouse, child or companion–not a professional colleague. If a professional colleague is found to be registered as a guest, ABI reserves the right to cancel his or her event registration. Any person not meeting the criteria of “guest” who wishes to participate in any ABI function at the conference is required to register separately at the full conference rate.

6. Optional Events Price Self Opening Reception * * Opening Reception Guest $50 o Golf Tournament $160 o Handicap _____ Sporting Clays Tournament $100 o Falconry (adult) $95 o Falconry (ages 8-12) $80 o A Taste of Hershey: Friday Dinner * * A Taste of Hershey: Friday Dinner Guest $95 o A Taste of Hershey: Friday Dinner Child (under 13) $35 o Hershey Park Tickets (Adult) $35 o Hershey Park Tickets (Children 3-8 & Senior Citizens) $25 o * No cost to registrant. Guest fees apply. Please attach additional page if more than 3 guests.

Guest 1 Guest 2 Guest 3 o o o o o o o o o o o o o o o o o

o o o o o o o o

Subtotal _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____

7. ABI Going Green o If you would like to receive the educational materials only in CD-Rom format, please check this box. 8. Payment o Check payable to American Bankruptcy Institute enclosed. o e o y o w

TOTAL $________

Acct. No. _____________________________________________________________Exp. Date ______________________ Signature __________________________________________________________________________________________

Up to 7 hours of CLE/CPE credit, including one hour of Ethics credit is available!

44 Canal Center Plaza Suite 400 Alexandria, VA 22314