Cover comp _001.indd 3
remove
9/16/08 1:56:52 PM
9/16/08 1:56:58 PM
evomer
Joh Pres n W. A iden mes t
Robert J. Ke President-Eleach ct
Hon. Wes Chairman ley W. Steen
Cover comp _001.indd 6
Samuel J. Gerdano Executive Director
The American Bankruptcy Institute continues to build on its success as the leading professional organization in service to insolvency professionals. For more than 25 years, ABI has fostered an environment where men and women of diverse backgrounds join to exchange ideas, promote professional development and enhance our understanding of complex issues. In this report, we reflect on our significant milestones over the past 12 months – a period marked by change and growth. On behalf of our volunteer leaders and dedicated staff, we hope you will take the opportunity to join your colleagues in building an even more dynamic future for the ABI.
Educational Programs M
ABI continues to be the leading provider of high-quality bankruptcy continuing legal and professional education, sponsoring more than 20 national, regional, local and specialty programs in the United States and abroad.
Supreme Court Justice Samuel A. Alito, Jr. provided a thoughtful keynote luncheon talk on the judicial function at the 26th Annual Spring Meeting in Washington DC.
Best-selling author and political satirist Christopher Buckley was the keynote speaker at the 19th Annual Winter Leadership Conference in Rancho Mirage, Calif.
Grammy-winner Al Jarreau entertained the crowd after the Final Night Dinner at this year’s 26th Annual Spring Meeting.
ore than 6,000 professionals attended ABI educational programs over the past 12 months, demonstrating that the Institute continues to be the leading provider of high-quality bankruptcy continuing legal and professional education. More than 600 insolvency professionals from 41 states and five countries attended the 2007 Winter Leadership Conference in Rancho Mirage, Calif., and more than 1,100 insolvency professionals from 46 states and three countries attended the 2008 Annual Spring Meeting in Washington, D.C. ABI also sponsored over 20 other regional, local and specialty programs in the United States and abroad. ABI has added seven new conferences for 2008 and 2009. At the Annual Spring Meeting, guests heard thoughtful keynote remarks by Justice Samuel A. Alito, Jr. on the role of courts in a democratic society and Sen. Sheldon Whitehouse (D-R.I.) on the congressional agenda to help financially strapped homeowners. Attendees were entertained by Mary Matalin and James Carville on the dynamics of the 2008 election season at an IWIRC-hosted luncheon. Plenary sessions covered the role of the CRO, pending legislation affecting consumer credit and mortgages, and a judges’ roundtable on hot cases, as well as ethics and professionalism. The annual Great Debates focused on lively controversies such as whether professional fees lead to forum-shopping, limiting executive compensation in chapter 11, and whether homeowners should be able to lien-strip residential mortgages to fair market value in chapter 13. For the second time, ABI partnered with the National Conference of Bankruptcy Judges to offer educational programs at NCBJ’s annual conference in Scottsdale, Ariz. The ABI programs were conducted in a workshop format, offering multiple simultaneous roundtable discussions on commercial and consumer developments. ABI has made quality educational programming on consumer bankruptcy issues a priority at its national and regional conferences, including the Winter Leadership Conference, the Annual Spring Meeting, ABI sessions at the NCBJ, the Central States Bankruptcy Workshop, the Northeast Bankruptcy Conference, the Southeast Bankruptcy Workshop, the Rocky Mountain Bankruptcy Conference and the new Midwestern Bankruptcy Institute (in partnership with UMKC Law School). ABI offers local programming to consumer
bankruptcy professionals as well. Repeating successes from 2005, ABI conducted one-day conferences for consumer professionals in Detroit in November 2007 and Chicago in October 2008. ABI will hold the conference in Detroit again in November 2008. In January 2009, ABI will conduct a similar program in Boston. Further, in January and June 2009, ABI will conduct two full-day skills workshops in Atlanta for consumer bankruptcy professionals regarding such matters as discovery, evidence, testimony, written and oral advocacy, trial ethics and appellate procedures. Also new in the last year was the Consumer Bankruptcy in Practice webinar series, stopping in Atlanta, Tennessee, Houston and Denver, in which experts addressed consumer bankruptcy issues of national importance from a local point of view.
Washington power couple Mary Matalin (above) and James Carville (below) entertained the Saturday luncheon crowd with their polarized take on political issues of this election year at the Annual Spring Meeting.
Legislative Activity A
Former ABI Resident Scholar Mark Scarberry testified at a Senate hearing on the ability to modify a home mortgage under chapter 13.
Sen. Sheldon Whitehouse (D-R.I.) provided an update on the Senate’s legislative agenda, including bankruptcy issues, at the 26th Annual Spring Meeting in Washington D.C.
Michael Bernstein (Arnold & Porter) testified at a House hearing on employee issues in chapter 11.
ABI Resident Scholar Jack Williams testifed before the House on the financial difficulties faced by many military families called into active duty.
BI continued to include BAPCPA issues and analysis in its educational programs and publications during the last year. During this third year of implementation, the discussion of case law, strategy and best practices was both insightful and practical. The more prominent legislative-related issues focused on the myriad challenges facing consumers today, such as subprime mortgage defaults, record-breaking foreclosure rates, and predatory lending and credit card practices. Pending legislation focused on issues directly related to bankruptcy, such as whether to allow modification of residential mortgages in chapter 13, with such proposed legislation failing on the Senate floor in April 2008. Other measures to address the consumer homeowner’s crisis were more successful, such as the Mortgage Forgiveness Debt Relief Act of 2007 and the Housing and Economic Recovery Act of 2008. With the crisis deepening and a pending Presidential election and new administration, these issues promise to continue to be at the forefront of debate and legislative activity next year. ABI is a nonpartisan organization founded to provide Congress with an unbiased analysis of bankruptcy issues. Through its Robert N. Zinman Resident Scholar and others, ABI often answers questions from and educates congressional staffers on bankruptcy issues. In addition, ABI is often called upon for input on proposed changes to the Federal Rules of Bankruptcy Procedure. For example, in January 2008, at the request of the Advisory Committee on Bankruptcy Rules, ABI surveyed its members regarding proposed amendments that would set 14 days as the deadline
for filing a notice of appeal in a bankruptcy case. Further, in the summer of 2008, the Rules Committee of the Judicial Conference of the United States invited ABI members to comment on proposed legislation to extend certain deadlines by changing the calculation of time periods. No fewer than a dozen ABI members testified before Congress in the last year. While the statements of these ABI members reflect their personal views and not those of the ABI, members’ testimony is another way in which ABI is prominent in the education of Congress. Specifically regarding the housing crisis, three ABI members testified before the Senate Judiciary Committee in December 2007 on the pending legislation to allow modification of residential mortgages in chapter 13, including the thencurrent Ziman Scholar, Mark Scarberry. Three ABI members also testified before the U.S. Senate Judiciary Committee in May 2008 on whether misconduct in bankruptcy was fueling the foreclosure crisis. In addition, five ABI members, including the current Zinman Scholar, Jack F. Williams, testified before subcommittees of the House Financial Services Committee regarding a credit cardholders’ “bill of rights,” a proposed means-test exclusion for reservists called to active duty, and the Protecting Employees and Retirees in Business Bankruptcies Act of 2007.
Endowment & Research
Carl A. Eklund, Martin I. Katz, Keith J. Shapiro, Rebecca A. Roof and ABI President John W. Ames (lr) were recognized for their donations at the Lifetime Member level.
In May 2008, ABI and the University of Illinois College of Law partnered to hold the Interdisciplinary Debt Symposium (“A Debtor World”) at the law campus in Champaign, Ill. The Endowment financially supported the Symposium with a $50,000 grant. It brought together a galaxy of international scholars from a variety of disciplines to examine the phenomenon of debt in today’s economy and culture. The Symposium papers will be published by Oxford University Press. During the past year, the Endowment awarded $17,500 to the Coalition for Consumer Bankruptcy Debtor Education and Dr. Richard L. Wiener, director of the Law and Psychology Program at the University of Nebraska-Lincoln, for an expansion of an important study of the effectiveness of credit counseling. Also, the Research Grant committee has awarded a $7,500 grant to study the impact of the BAPCPA amendments on pro bono representation
{contributions & pledges} 2,400,000
(through 8/22/2008)
2,100,000 1,800,000 1,500,000 1,200,000 900,000
300,000
$2.3M
600,000
$1,837K
Neil Glassman of Bayard, P.A. accepted a gift in appreciation of his firm’s decision to award the Endowment Fund with its largest donation to date: $50,000.
The Endowment also supports the Robert M. Zinman Resident Scholar program. Each Zinman Scholar is a leading member of the bankruptcy academic community on leave from full-time teaching to assist ABI with research and educational activities. The spring and fall 2008 scholar is Prof. Jack F. Williams from Georgia State University. He is the first returning scholar, having served as the inaugural scholar in the fall of 2001.
Endowment Fund Growth
$1,392K
At the 2007 Winter Leadership Conference, ABI unveiled its landmark multi-year empirical study of professional fees in chapter 11 cases. Prof. Stephen Lubben, the Daniel J. Moore Professor of Law at Seton Hall University School of Law, conducted the study, and the Endowment funded it with a $346,000 grant. Its findings and ramifications have been the subject of numerous educational sessions by panels of prominent experts.
and petition preparer filings, as proposed by Jeanne Charn, director of the Bellows Sacks Access to Legal Services Project at Harvard Law School, and Sheryl Serreze, senior fellow at WilmerHale Legal Services Center of Harvard Law School. Another study in progress funded by the Endowment will address the prevalence and impact of claims trading in large chapter 11 cases.
$996K
ince its creation in 1989, the ABI Endowment Fund has been a vital resource to enhance ABI’s mission of scholarly research and education. Contributions and pledges have grown to more than $2.3 million. Over 5,500 ABI members have contributed to the Endowment, and the Endowment received its largest-ever single gift of $50,000 this year from Bayard, P.A. in honor of the firm’s 50th anniversary. The Research Grant Committee solicits and receives proposals and makes decisions on projects for funding. ABI issued the first grant from the Endowment in 1998, and since then, the fund has awarded more than $800,000.
$690K
S
2000
2002
2004
2006
2008
0
Endowment Fund Development Committee Vice-President Development: Anthony Schnelling Bridge Associates LLC; New York Committee Members: Norma Corio JPMorgan William Derrough Moelis & Company Peter Kaufman Gordian Group, LLC Jeff Marwil Winston & Strawn LLP Patricia Redmond Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA Chester Salomon Stevens & Lee, PC Joseph Samet Baker & McKenzie LLP
Online Technology A
BI World, our award-winning Web site, continues to be the preeminent site on the Internet for bankruptcy information, and our home page is one of the first results when searching “bankruptcy” using the most popular Web search engines. An average of almost 160,000 visits per month were recorded during the first eight months of 2008, and the traffic to the Web site during that period was up more than 10 percent over 2007. During this past year, there were many technology and Web-based improvements at ABI:
• The Board of Directors amended the bylaws to create the position of Vice President for Communications and Information Technology and elected Bankruptcy Judge Eugene R. Wedoff of the Northern District of Illinois to fill the position.
• ABI acquired the domain name of www.abi.org, and now members are automatically directed to ABI’s home page upon entering www.abiworld.org or www.abi.org.
• ABI posted the full text of the Bankruptcy Code online with a Google custom search engine, as well as the Federal Rules of Bankruptcy Procedure.
• The current issue of the Journal is available online each month in an interactive format, allowing members to browse pages online, click to view videos and visit advertisers’ Web sites.
• Members now automatically receive their CLE certificates after conferences electronically and can track their attendance records online. • ABI now has an Online Support Desk that members and the public can access for immediate customer service assistance through the “Contact Us” button. • ABI has produced numerous online videos to promote conferences and to teach members regarding new technology, such as the new interactive Journal. ABI also rolled out two major new Web sites during the past year. The first, launched in April 2008, is home to ABI’s 25 membership committees and can be accessed directly at committees. abiworld.org or through the ABI World home page. Each committee page has its own look and feel unique to that committee, offering
ABI members announcements about upcoming committee events, minutes of past committee meetings, all electronic newsletters produced by each committee and listserve activity. Also new is the redesigned Consumer Bankruptcy Center, which can be accessed directly at consumer. abiworld.org or through the ABI home page. This new Web site gathers all ABI’s consumer-specific substantive content (from the Journal, educational programs, distance learning and more) into a user-friendly section “For Consumer Professionals.” Those facing personal financial difficulties can access the section “For Consumers” to read FAQs about the bankruptcy process and other information.
Publications A
BI continues to be the leader in high-quality publications of practical use. ABI’s flagship periodical, the ABI Journal, is published 10 times per year and mails to nearly 12,000 insolvency professionals, bankruptcy courts, members of Congress and others. In 2008, ABI created the interactive version of the Journal online at ABI World. Always influential with practitioners, the Journal was relied upon by the U.S. Court of Appeals for the Sixth Circuit in a July 2008 opinion on reclamation claims. ABI also publishes numerous books, manuals and handbooks. New titles include: • Bankruptcy – A Survival Guide for Lenders, Second Edition, a manual written by a team of experts, updated specifically to assist lenders in understanding bankruptcy process post-BAPCPA in business and consumer cases; • Bankruptcy Fundamentals for the Financial Services Industry, written by Debra Lee Hovatter, a handbook designed for nonlawyer professionals who service consumer bankruptcy accounts for financial institutions, servicing companies and debt collectors; • Bankruptcy Litigation Manual: What Civil Litigators Need to Know, a manual written by seasoned bankruptcy litigators that provides the basic framework of bankruptcy litigation for civil litigators and other attorneys who do not have extensive experience in bankruptcy;
• ABI Preference Handbook, Second Edition, a post-BAPCPA updated edition of the original handbook written by David B. Wheeler, providing a streamlined guide to the “ins” and “outs” of preference claims and liability;
• Retention and Payment: Essentials of Being Retained and Paid as Debtor’s Counsel in Chapter 11, a must-read for attorneys who may be generally unfamiliar with the chapter 11 process but who find themselves representing chapter 11 debtors; • Bankruptcy Issues for Commercial Landlords, Tenants and Mortgagees, Second Edition, written by David R. Kuney, a post-BAPCPA revised manual that comprehensively addresses the rights and obligations of tenants, landlords and third parties in bankruptcy.
ABI has more than 30 other titles under development on business, international and consumer topics.
ABI’s 25 member committees publish regular e-newsletters that provide committee members with the latest news and information specific to their area(s) of interest. The committees published more than 80 such newsletters in 2007 and will publish more than 100 during 2008. Through the newsletters, members can become more involved and have more visibility. All newsletters are available to members online at ABI World.
Membership D
uring the past year, ABI maintained membership at well over 11,500 members. Members represent all aspects of the insolvency community. The most significant new initiative on behalf of members in 2008 is the creation of new committee leadership positions and the enhancement of committee activities. Members now have a greater opportunity to become active through ABI’s 25 substantive committees. In addition to co-chairs, each committee now has positions for an Education Director, Listserve Moderator, Newsletter Editor, Special Projects/Task Force Leader and Membership Relations Director. The committees conduct educational programs at the Annual Spring Meeting and Winter Leadership Conference, publish electronic newsletters, have active exchanges on their listserves, and sponsor special projects. Other membership initiatives in 2008 included an updated renewal process, an online renewal checkout with multi-year renewal options, and the addition of several discounted services through affinity programs with hotels, rental car companies, office products, airlines and publishers. Further, we developed an online support desk, which enables live chatting with ABI staff for immediate member assistance. Keeping up with the hot trend of social networking today, ABI now has a LinkedIn group consisting of more than 100 members that allows users to develop new contacts by linking with other ABI members. ABI also continued successful existing member initiatives,
such as the Ambassador Program. Through this program, every new member at an ABI conference meets with an assigned experienced member at the opening reception. This Ambassador introduces the new members to colleagues and helps to acclimate them to ABI benefits. Finally, ABI continued its outreach to consumer practitioners with the Consumer Bankruptcy in Practice webinar series, holding four programs in the past 12 months.
Melissa Kibler Knoll Vice President-Membership
Nonattorney Members by Profession Panel Trustee Professor/Student Government Accountant Consultant Financial Services Turnaround Professional Other
4%
8%
24% 12%
10% 14% 10% 18%
In the News A
BI remains a reliable source for the news media on all insolvency topics. On average during the first seven months of 2008, the press cited ABI more than 180 times a month for a total of 1,264 references, already surpassing the total for all of 2007. During the first eight months of 2008, ABI issued more than 60 press releases and responded to dozens of media requests for data and information. The media coverage and congressional scrutiny of the subprime mortgage crisis carried over into 2008 and will surely continue in 2009. The fallout from the decline of the home mortgage industry has caused a severe credit crunch as well. In an effort to reach out to and educate the press on this important topic, ABI conducted an informational press-only webinar in March, featuring a panel of prominent experts specializing in distressed-company financing. Future media webinars will focus on other troubled sectors such as retail, airlines, automobiles and real estate. In December 2007, shortly after ABI’s release of the Endowment-funded study of professional compensation in chapter 11 cases, ABI conducted a media-only teleconference to discuss this groundbreaking study. The study’s reporter, Prof. Stephen J. Lubben, and two members of the study’s steering committee discussed the conclusions to be drawn as well as the potential ramifications for chapter 11 cases and the bankruptcy bar. ABI leaders also make media appearances throughout the year. In December 2007, ABI’s Executive Director, Samuel J. Gerdano, appeared on CNBC’s “Power Lunch” program to discuss 2007 filing rates and a bankruptcy forecast, a theme repeated on NBC’s “Nightly News” in August 2008.
ABI Executive Director Sam Gerdano and Prof. Bob Lawless (Univ. of Illinois College of Law) did a series of television and radio interviews as part of a satellite media tour in connection with the May 2 Debt Symposium. The coast-to-coast interviews focused on consumer debt and bankruptcy trends.
Law Review T
he American Bankruptcy Institute Law Review is the nation’s largest-circulation bankruptcy law journal. Top students at St. John’s University School of Law edit it, and Thomson West publishes it semi-annually. An advisory board of three dozen bankruptcy judges, scholars and practitioners help to plan theme issues. Prof. G. Ray Warner of St. John’s University School of Law serves as the board chair and faculty advisor.
Prof. G. Ray Warner (St. John’s University School of Law; Jamaica, N.Y.) presented Stacy L. Molison with a scholarship and award for her work as editor in-chief of the ABI Law Review for 2007-08.
The Law Review continued to be on the leading edge. The centerpiece of the Winter 2007 issue was a symposium on “The Future of Labor Through the Prism of Bankruptcy.” The symposium brought together some of bankruptcy and labor law’s leading practitioners and scholars to address the impact of corporate reorganizations on labor. The Winter issue included five articles from the symposium including the effect of §1113’s application on labor policies, the ongoing pension crisis and the strike injunction in the Northwest Airlines bankruptcy case. The theme of the issue forecasted the 2008 Presidential election, as Sen. Barack Obama made reform of bankruptcy law to protect worker benefits a campaign issue. The Winter issue also included three open-issue pieces on prepayment clauses, the Supreme Court’s Marrama opinion on good faith, and post-petition attorneys’ fees after Travelers, as well as two student notes on significant chapter 13 issues under BAPCPA. The Spring 2008 issue featured seven articles and one student thesis looking at a number of timely insolvency topics, including substantive consolidation and distressed-debt investing. Other articles focused on the effect that filing a chapter 11 case in Delaware has on the likelihood of refiling, and an analysis of Daubert and the admissibility of expert testimony.
International Activity G
lobalization continues to have a noticeable impact on the insolvency world. ABI provides a number of tools, resources and educational programs to help insolvency professionals worldwide meet the needs of clients and stakeholders. ABI’s international membership now stands at more than 300 members from 26 different nations. International members outside North America are eligible for a special $95 reduced rate on an “e-membership.” E-members have access to all member benefits and publications electronically. This allows international members to receive information in a more timely and cost-effective manner. ABI held its annual Caribbean Insolvency Symposium in South Florida in January 2008, with the venue shifting in February 2009 to Grand Cayman Island.
A dialogue involving perspectives of the PRC Enterprise Bankruptcy Law and how it interacts with U.S. crossborder insolvencies was held on March 25, 2008 at the Council Chamber University of Hong Kong in Hong Kong, China. Prof. Charles Booth, a director of the Institute of Asian-Pacific Business Law and professor at the Richardson School of Law of the University of Hawaii, moderated the symposium. The program was held in conjunction with the Asian Institute of International Financial Law at the University of Hong Kong. An impressive faculty discussed the commercial and investment ramifications of the Enterprise Law and cross-border insolvency issues not only in China but in the United States. ABI President John Ames provided the introduction, and ABI members George Kelakos (Kelakos Advisors LLC; Greenwich, Conn.) and Evelyn Biery (Fulbright & Jaworski; Houston) served as moderators and commentators for the symposium. Above: Evelyn Biery, John Ames and George Kelakos (l-r).
ABI will hold its Fourth International Insolvency Symposium (and the second one in Germany) in Frankfurt on Oct. 31, 2008. This conference brings together top international speakers to discuss the issues of the moment in international insolvency and restructuring. Topics will include developments in U.S. insolvency law and practice, issues in European and U.S. real estate markets, a comparative study of creditors’ rights/autonomy and participation, and unique features of insolvencies brought about by fraud. During 2009, ABI hopes to broaden its international outreach. Such expansion will include a program in China, production of a manual on the chapter 15 process and a redesign and re-launch of the global insolvency Web site.
Professional Development A
BI maintains a strong commitment to developing the next generation of insolvency professionals. Law students enjoy full membership benefits at reduced dues and a discounted rate for their first two years after graduation. Over the past year, ABI continued its initiative of providing or assisting in the formal training of judicial law clerks. In March 2008, ABI provided scholarships to 20 judicial law clerks to attend three days of training at the annual Byrne Judicial Clerkship Institute at Pepperdine University School of Law in Malibu. In October 2008 ABI will conduct a one-day training program for clerks of the bankruptcy judges in New York. The 16th Annual Chief Judge Conrad B. Duberstein National Bankruptcy Memorial Moot Court Competition attracted nearly 50 law school teams to the event in March 2008. A team from Mississippi College School of Law prevailed as the top team, and SMU’s Dedman School of Law earned second place. ABI’s co-sponsor is St. John’s University School of Law. Nearly 900 bankruptcy professionals from the New York area again attended the final-night awards dinner at Pier 60 in Manhattan. The competition honors the memory of the late Judge Duberstein, a former member of the ABI Board of Directors and the Chief Bankruptcy Judge of the Eastern District of New York. Two dozen bankruptcy judges from around the nation participated as judges, and three federal appeals court judges judged the final round. Prize money and other financial support comes from the Endowment Fund. In November 2007, eleven of the nation’s top graduate business schools competed in the Fourth Annual ABI Corporate Restructuring Competition, again co-sponsored by Houlihan Lokey Howard & Zukin and hosted by the Kellogg Graduate School of Management at Northwestern University in Chicago. The Wharton Graduate School of Business at the University of Pennsylvania won the beautiful Bettina M. Whyte Trophy, named in honor of an ABI past president and former member of AlixPartners. The competition encourages second-year MBA students to find creative solutions to a real-world complex case problem, while providing them with feedback from some of the top talent in the corporate recovery world who serve as the judges. The ABI Endowment provides financial support to the competition. ABI Past President Reggie Jackson (Vorys, Sater, Seymour & Pease LLP; Columbus, Ohio) poses with students from the winning team from Mississippi College School of Law, Chief Judge Mary Schroeder (9th Cir.), Judge Duberstein’s daughter Elyse Bellesakos and St. John’s School of Law Dean Mary Daly (l-r).
A team from the University of Pennsylvania Wharton Graduate School of Business won the Corporate Restructuring Competion.
Faculty and law clerks at the 2008 Judicial Clerkship Institute in Malibu, Calif.
Certification ABC Officers Joseph A. Peiffer, Chairman Day Retting Peiffer, P.C. Cedar Rapids, Iowa Lawrence R. Ahern III, President Burr & Forman LLP Nashville, Tennessee
T
he American Board of Certification (ABC) is the nation’s premier legal specialty certification organization, certifying attorneys as specialists in business bankruptcy, consumer bankruptcy and creditors’ rights law. ABC certification serves the public interest by allowing potential clients to make an informed decision in selecting bankruptcy and creditors’ rights counsel. ABC certification encourages attorneys to strive toward excellence and recognizes those attorneys who have met the rigorous ABC standards. The ABC program is sponsored by the ABI and the Commercial Law League of America (CLLA). All three ABC programs are accredited by the American Bar Association and several states. ABC certification is available to all qualified attorneys, without regard to membership in ABI or CLLA.
American Board of Certification Calendar of Examination Dates
William I. Kohn, President-elect Benesch Friedlander Coplan & Aronoff LLP Cleveland, Ohio C. Daniel Motsinger, Treasurer Krieg DeVault LLP Indianapolis, Indiana Bettie Kelley Sousa, Secretary Smith Debnam, et al. Raleigh, North Carolina
Date
City
Event/Location
12/4/08
Tucson, AZ
Winter Leadership Conference Westin La Paloma Resort & Spa
4/1/09
National Harbor, MD
ABI Annual Spring Meeting Gaylord National Resort & Convention Center
6/11/09
Traverse City, MI
Central States Bankruptcy Workshop Grand Traverse Resort & Spa
7/29/09
Hilton Head Island, SC
Southeast Bankruptcy Workshop Westin Hilton Head Island Resort & Spa
8/6/09
Hershey, PA
Mid-Atlantic Bankruptcy Workshop Hotel Hershey
9/10/09
Incline Village, NV
Southwest Bankruptcy Conference Tahoe Resort, Spa & Casino
12/3/09
La Quinta, CA
Winter Leadership Conference La Quinta Resort & Spa
The ABC operated continuously during 2008 despite the devastating flood that occurred in Cedar Rapids on June 12. Its staff evacuated with its computers and server and moved to a temporary location for over 10 weeks during the summer, returning to headquarters in late August. ABC implemented a disaster plan adopted in 2007, with all documents digitally scanned going back to the very beginning of the organization in 1992. The ABC staff could literally turn on their computers and access the entire organization at a different location with minimal interruption of service to its members. The ABC reached a historic milestone during the end of 2007 with its 1,000th certificate holder. During 2008, ABC’s membership continued to grow, and many new attorneys have decided to take the exam and become certified. In November, the ABC expects to be accredited by the State Bar of Florida.
Finances September 20, 2008
American Bankruptcy Institute Statement of Financial Position
Dear ABI Members:
ASSETS December 31, 2007 December 31, 2006 Cash and cash equivalents
$371,652
$288,946
Investments
7,324,629
6,415,568
Accounts receivable, net
358,486
221,636
Prepaid and other assets
193,622
352,707
Pledges receivable, net
204,329
156,694
Property and Equipment, net
168,034
228,412
Deposits
49,540
24,368
TOTAL ASSETS
$8,669,292
$7,688,331
Accounts payable and accrued expenses
$51,970
$870,739
Deferred revenue
2,434,509
2,158,879
Total Liabilities
3,186,479
3,029,618
Unrestricted
3,291,310
2,806,490
Undesignated
1,953,917
1,680,717
In the annual audit of ABI by Aronson & Company, an audit firm specializing in Nonprofit Organizations, ABI was issued an unqualified “clean report” in conformity with general accepted accounting principles. The auditors found no matters involving internal controls and operations that were considered to be material weaknesses.
LIABILITIES AND NET ASSETS
In 2008, the ABI Executive Committee approved a Reserve Policy developed by the ABI Finance Committee over the past year. The policy defines ABI Funds among three categories (General Operating Funds, General Reserve Funds and the ABI Endowment Fund) and establishes prudent guidelines for the reserve levels of the two General Funds based upon industry standards and recommendations from outside financial advisors. Setting and maintaining these reserve levels will ensure the financial stability of the ABI for years to come. The ABI Endowment Fund will continue to be kept in a segregated account, and any expenditures of the principal of the Endowment Fund will continue to require a two-thirds majority vote by the Board of Directors under the ABI bylaws.
Liabilities:
Net assets:
Board designated endowment 5,245,227
4,487,207
Temporarily restricted
237,586
171,506
5,482,813
4,658,713
$8,669,292
$7,688,331
Total net assets TOTAL LIABILITIES AND NET ASSETS
The American Bankruptcy Institute sustained its strong financial position during 2008, increasing net assets to over five million dollars. This healthy growth helps ABI continue to provide the highest quality programs and services for our members.
The Audit Subcommittee is currently in the process of selecting and retaining a firm for the audit of the 2007 Financial Statements. Respectfully submitted, Rebecca A. Roof Treasurer John Tittle, Jr. Audit Subcommittee Chair
Total Net Assets
Revenue from Source
ABI’s dramatic growth reflects a healthy balance sheet
Conferences and Meetings Membership Dues Publications and Other
1996
12%
Investments
$493,049
1998
4%
Endowment
$244,700
1997
3%
53%
$768,266
1999
$970,749
2000
$1,344,459
2002
$1,615,788
2003
28% $2,143,323
2004
$2,618,846
2005
$4,112,614
2006
$4,658,713
2007
5,482,831 $0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
Endowment Fund Major Contributors Century Council Members ($25,000 and above) • A lixPartners LLC Jay Alix • Scott L. Baena Bilzin Sumberg Baena Price & Axelrod, LLP • Bayard, P.A. •W illiam A. Brandt, Jr. Development Specialists, Inc. • Bridge Associates, LLC Anthony H.N. Schnelling & Carl H. Young, III • John William Butler, Jr. Skadden, Arps, Slate, Meagher & Flom, LLP • L .E. Creel III Creel Sussman & Moore, LLP • Robert N. Dangremond AlixPartners LLC • Harry D. Dixon, Jr. • Ted Gavin NachmanHaysBrownstein, Inc. • Keen Consultants LLC • National Auctioneers Association Robert A. Shively & Larry Theurer • John Tittle, Jr. NachmanHaysBrownstein, Inc. • Visa USA, Inc. • Bettina M. Whyte
Lifetime Members ($10,000-$24,999) • Gregory S. Abrams A.S.K. Financial LLP • John W. Ames Greenebaum Doll & McDonald PLLC • Andersen • Ballard Spahr Andrews & Ingersoll, LLP Tobey M. Daluz, Carl A. Eklund & Vincent J. Marriott III • Becket & Lee, LLP • Gerald P. Buccino Buccino & Associates, Inc. • Clear Thinking Group LLC Joseph E. Myers • Mitchell H. Cohen Gordon Brothers Group, LLC • James H. Cossitt • Walter H. Curchack Loeb & Loeb LLP
• Sanford R. Edlein Huron Consulting Group • Ford Elsaesser Elsaesser, Jarzabek, et. al. • Barbara A. Everly • Executive Sounding Board Associates, Inc. Martin I. Katz • James S. Feltman Mesirow Financial Consulting , LLC • Steven G. Golick Osler, Hoskin & Harcourt, LLP • Greater Kansas City Community Foundation o/b/o the Thau Family Trust • High Ridge Partners, Inc. Nancy A. Ross • The Hilco Organization Benjamin L. Nortman & Richard L. Kaye • Hon. Lee M. Jackwig U.S. Bankruptcy Court • Douglas Jessop Jessop & Company, PC • James B. Matthews Prime Locations, LLC • McDonald Hopkins LLC Shawn M. Riley • J. Robert Medlin FTI Consulting, Inc. • Leslie H. Miles, Jr. Asset Valuation Source, LLC • MorrisAnderson & Associates, Ltd. Daniel F. Dooley • NachmanHaysBrownstein, Inc. Howard Brod Brownstein • Robert P. Reynolds Reynolds, Reynolds & Duncan, LLC • Michael P. Richman Foley & Lardner LLP • Rebecca A. Roof AlixPartners LLP • Thomas J. Salerno Squire, Sanders & Dempsey, LLP • David C. Schattenstein Wiener and Wiener LLP • Chester B. Salomon Stevens & Lee PC • Jack Seward • Keith J. Shapiro Greenberg Traurig, LLP • James Patrick Shea Shea & Carlyon, Ltd.
• Togut, Segal & Segal, LLP Albert Togut • Wells Fargo Foothill Scott R. Diehl • Prof. Robert M. Zinman
Benefactors ($5,000-$9,999) • Arent Fox LLP Andrew I. Silfen • Atlas Partners, LLC Roger “Biff” Ruttenberg • Berman PLC Steven M. Berman • Joseph S.U. Bodoff, P.C. Bodoff & Associates • Edward P. Bond Bederson & Company, LLP • C. R. (Chip) Bowles, Jr. Greenebaum Doll & McDonald PLLC • Paul Bennett Bran Dickstein Shapiro, LLP • Eric L. Brossman Saul Ewing LLP • Richard P. Carmody Adams and Reese LLP • George B. Cauthen Nelson Mullins Riley & Scarborough, LLP • Donald R. Calaiaro Calaiaro, Corbett & Brungo, PC • Rudy J. Cerone McGlinchey Stafford, PLLC • Hon. Leif M. Clark U.S. Bankruptcy Court • Cohn, Whitesell & Goldberg LLP Daniel C. Cohn • H. Slayton Dabney King & Spalding LLP • William Q. Derrough Moelis & Company • Dickinson & Warren, LLP Daniel F. Gosch • Michael J. Epstein CRG Partners • Robert M. Fishman Shaw, Gussis, Fishman, Glantz, Wolfson & Towbin LLC • Douglas M. Foley McGuireWoods LLP • Scott F. Gautier Peitzman, Weg & Kempinsky LLP
• Dion W. Hayes McGuireWoods LLP • Philip J. Hendel Hendel & Collins, PC • Kenneth C. Henry RTL Advisory Group, Inc. • Reginald W. Jackson Vorys, Sater, Seymour & Pease LLP • Jones Day • Soneet R. Kapila Kapila & Company • Peter S. Kaufman Gordian Group, LLC • Robert J. Keach Bernstein Shur • George M. Kelakos Kelakos Advisors LLC • Melissa Kibler Knoll Mesirow Financial Consulting, LLC • William I. Kohn Benesch, Friedlander, Coplan & Aronoff, LLP • Andrew A. Kress Kaye Scholer LLP • Martin F. Lewis Greenhill & Co., Inc. • E. Bruce Leonard Cassels Brock & Blackwell, LLP • David Linn Oak Point Partners • Hon. Raymond T. Lyons U.S. Bankruptcy Court • Jerry M. Markowitz Markowitz, Davis, Ringel & Trusty, PA • James T. Markus Block, Markus & Williams, LLC • Josefina Fernandez McEvoy K&L Gates LLP • David S. Miller Macquarie Capital (USA) Inc. • Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC Richard Mikels • Francis A. Monaco, Jr. Womble Carlyle Sandridge & Rice PLLC • Jill L. Murch Foley & Lardner LLP • Epiq Jack B. Fishman & Anne B. Miller
• David L. Osias Allen Matkins Leck Gamble Mallory & Natsis LLP • The Ozer Group/Paragon Capital LLC • Norman L. Pernick Cole, Schotz, Meisel, Forman & Leonard, PA • Daniel H. Puryear Smythe, Puryear & Robertson • Dawn Ragan XRoads Solutions Group • Craig V. Rasile Hunton & Williams LLP • Patricia A. Redmond Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA • Joseph Samet Baker & McKenzie LLP • Brian L. Shaw Shaw Gussis Fishman, et. al. • Glenn E. Siegel Dechert LLP • William K. Snyder CRG Partners Group LLC • James H.M. Sprayregen Goldman Sachs & Co. • Stutman, Treister & Glatt, PC Michael H. Goldstein • Troy Taylor Algon Capital LLC • Harvey L. Tepner WL Ross & Co. • Richard N. Tilton • J. Scott Victor National City Capital Markets • von Briesen & Roper, SC Randall D. Crocker & Claire Ann Resop • Lynnette R. Warman Hunton & Williams LLP • Prof. G. Ray Warner St. John’s University / Of Counsel, Greenberg Traurig, LLP • Robert H. Warshauer Imperial Capital, LLC • Ian G. Williams Geldards LLP • Prof. Jack F. Williams Georgia State University / BDO Seidman LLP • Deborah Williamson Cox Smith Matthews Incorporated
2008~2009 Board of Directors † Hon. Wesley W. Steen
Peter J. Antoszyk
Prof. Margaret Howard
Chairman U.S. Bankruptcy Court Houston, Texas
Proskauer Rose LLP Boston, Mass.
Washington & Lee Law School Lexington, Va.
† Reginald W. Jackson
Melyssa R. Barrett
Peter S. Kaufman
Visa USA Inc. San Francisco, Calif.
Gordian Group LLC New York, N.Y.
Matthew Bordwin
George M. Kelakos
† John Tittle Jr.
† John W. Ames
Keen Consultants, LLC Great Neck, N.Y.
Kelakos Advisors, LLC Greenwich, Conn.
President Greenebaum, Doll & McDonald PLLC Louisville, Ky.
C.R. “Chip” Bowles Jr.
Jean Maess
Greenebaum, Doll & McDonald PLLC Louisville, Ky.
Thomson West Rochester, N.Y.
† Robert J. Keach
Jo Ann J. Brighton
Deirdre A. Martini
President-Elect Bernstein Shur Portland, Maine
K&L Gates LLP Charlotte, N.C.
Wachovia Capital Finance New York, N.Y.
† Geoffrey L. Berman
Howard Brod Brownstein
Jeff J. Marwil
NachmanHaysBrownstein, Inc. Narberth, Pa.
Winston & Strawn LLP Chicago, Ill.
† Prof. Ralph E. Brubaker
Bruce S. Nathan
University of Illinois College of Law Champaign, Ill.
Lowenstein Sandler PC New York, N.Y.
Vice President-Membership Mesirow Financial Consulting LLC Chicago, Ill.
Rudy J. Cerone
Nancy A. Peterman
McGlinchey Stafford, PLLC New Orleans, La.
Greenberg Traurig LLP Chicago, Ill.
† James T. Markus
Norma C. Corio
† Jeffrey N. Pomerantz
Vice President-Education Block, Markus & Williams LLC Denver, Colo.
JPMorgan Chase New York, N.Y.
Pachulski, Stang, Ziehl & Jones PC Los Angeles, Calif.
† Josefina Fernandez McEvoy
H. Slayton Dabney, Jr.
Prof. Nancy B. Rapoport
King & Spalding LLP New York, NY
William S. Boyd School of Law, UNLV Las Vegas, Nev.
William Derrough
† Patricia A. Redmond
Hon. Gregg W. Zive
Moelis & Company New York, N.Y.
Stearns, Weaver, Miller, et al. Miami, Fla.
Vice President-Research/Grants U.S. Bankruptcy Court Detroit, Mich.
Hon. Dennis R. Dow
Claire Ann Resop
U.S. Bankruptcy Court Reno, Nev.
† Anthony H.N. Schnelling
U.S. Bankruptcy Court Kansas City, Mo.
von Briesen & Roper, SC Milwaukee, Wis.
Mitchell E. Drucker
Robert J. Rosenberg
Executive Director Alexandria, Va.
Vice President-Development Bridge Associates LLC New York, N.Y.
Garrison Investment Group New York, N.Y.
Latham & Watkins, LLP New York, N.Y.
Hon. Barry Russell
† Denotes Executive Committee Member
† Hon. Eugene R. Wedoff
Hon. Joan N. Feeney U.S. Bankruptcy Court Boston, Mass.
Immediate Past-President Vorys, Sater, Seymour and Pease LLP Columbus, Ohio
Vice President-Publications Development Specialists Inc. Los Angeles, Calif.
† Melissa Kibler Knoll
Vice President-International K&L Gates LLP Los Angeles, Calif.
† Hon. Steven W. Rhodes
Treasurer AlixPartners LLC New York, N.Y.
Hon. James D. Gregg
† James Patrick Shea
U.S. Bankruptcy Court Grand Rapids, Mich.
Bruce A. Harwood
Tracy C. Sandler
Sheehan, Phinney, Bass + Green Manchester, N.H.
Osler, Hoskin & Harcourt LLP Toronto, Ont.
Hon. Jeffery P. Hopkins
Brian L. Shaw
U.S. Bankruptcy Court Cincinnati, Ohio
Shaw Gussis Fishman et.al. Chicago, Ill.
Vice President-Information and Technology U.S. Bankruptcy Court Chicago, Ill.
† Rebecca A. Roof
Secretary Shea & Carlyon Ltd. Las Vegas, Nev.
Jonathan P. Friedland Levenfeld Pearlstein LLC Chicago, Ill.
U.S. Bankruptcy Court Los Angeles, Calif.
Chester B. Salomon Stevens & Lee, PC New York, N.Y.
Joseph Samet Baker & McKenzie LLP New York, N.Y.
Lynn Lewis Tavenner Tavenner & Beran, PLC Richmond, Va.
Deborah L. Thorne Barnes & Thornburg LLP Chicago, Ill. NachmanHaysBrownstein, Inc. Dallas, Texas
Sheryl L. Toby Dykema Detroit, Mich.
Albert Togut Togut, Segal & Segal LLP New York, N.Y.
Lynnette R. Warman Hunton & Williams LLP Dallas, Texas
Prof. G. Ray Warner St. John’s University School of Law Jamaica, N.Y.
David B. Wheeler Moore & Van Allen, PLLC Charleston, S.C.
Ian G. Williams Geldards LLP Nottingham, England
R. Scott Williams Haskell Slaughter Young & Rediker, LLC Birmingham, Ala.
Samuel J. Gerdano
ABI Staff Senior Staff Samuel J. Gerdano, Executive Director/Chief Operating Officer Felicia S. Turner, Deputy Executive Director Mary Kleppinger, Director of Administration Samuel J. Gerdano
Felicia S. Turner
Mary Kleppinger
Accounting Department Kathy Sheehan, Chief Financial Officer Patty Sadusky, Accounting Manager Alexandra Walker, Staff Accountant Monica Brown, Staff Accountant Pawel Pietrzak, Staff Accountant
Communications Department Carolyn M. Kanon, Director of Communications Courtney Reyers, Communications Manager John Hartgen, Public Affairs Manager Patrick J. McGrath, Graphic Designer Traci Van Buren, Communications Assistant Leah Weston, Staff Assistant
Patty Sadusky, Kathy Sheehan, Monica Brown, Alexandra Walker and Pawel Pietrzak
Traci Van Buren, Carolyn M. Kanon, Patrick J. McGrath, Courtney Reyers, John Hartgen and Leah Weston
Matthew Lukban, Brian Neisler, Karim Guirguis, Carrie Soults, John Warren and Robel Kassa
Kimberly Hay, Maggie Brown, Peter Taylor, Annette Hollingsworth and Christopher S. Thackston
Interactive Media & Technology Department Karim Guirguis, Director of Interactive Media & Technology Matthew Lukban, Media Technology Specialist Robel Kassa, Web Specialist Carrie Soults, Web Specialist Brian Neisler, Web Developer John Warren, Web Developer
Membership and Marketing Department Christopher S. Thackston, Director of Membership Peter Taylor, Marketing Director Anne-Marie Corkran, Membership Development Manager Kimberly Hay, Membership Retention Manager Maggie Brown, Membership Program Manager Annette Hollingsworth, Executive Assistant
Meetings Jennifer Dugas, Senior Meeting Planner John Good, Meeting Planner Jennifer Aversano, Meeting Planner Shannon Nelligan, Meeting Planner Rhonda Garrett, CLE Coordinator/Staff Assistant
Rhonda Garrett, Jennifer Dugas, John Good,
Jennifer Aversano and Shannon Nelligan
ABI Committees Alternative Dispute Resolution Co-Chairs Hon. Barbara J. Houser U.S. Bankruptcy Court 1100 Commerce St, Suite 1254 Dallas, TX 75242 T (214) 753-2055 F (214) 753-2057 judge_barbara_houser@txnb.uscourts.gov Ms. Judy D. Thompson Poyner & Spruill LLP 301 S College St, Suite 2300 Charlotte, NC 28202 T (704) 342-5299 F (704) 342-5264 jdthompson@poynerspruill.com
Bankruptcy Taxation Co-Chairs Mr. David Howard Stein Wilentz, Goldman & Spitzer, PC 90 Woodbridge Center Dr, Suite 900 PO Box 10 Woodbridge, NJ 07095 T (732) 855-6126 F (732) 726-6570 dstein@wilentz.com Mr. John Tittle, Jr. NachmanHaysBrownstein, Inc. 3102 Maple Ave, Suite 450 Dallas, TX 75201 T (214) 800-2304 F (214) 800-2318 jtittle@nhbteam.com
Asset Sales Co-Chairs Mr. Weston Anson CONSOR Intellectual Asset Management 7342 Girard Ave, Suite 8 La Jolla, CA 92037 T (858) 454-9091 x207 F (858) 454-7819 wanson@consor.com
Business Reorganization Co-Chairs Ms. Deborah A. Crabbe Foster Pepper PLLC 1111 Third Ave #3400 Seattle, WA 98101 T (206) 447-4400 F (206) 447-9700 crabd@foster.com
Mr. Gary S. Jacobson Herold and Haines, PA 25 Independence Blvd Warren, NJ 07059 T (908) 484-1117 F (908) 647-7721 gjacobson@heroldhaines.com
Leonard Klingbaum Kirkland & Ellis LLP 153 E 53rd St New York, NY 10022 T (212) 446-4792 F (212) 446-6460 lklingbaum@kirkland.com
Bankruptcy Litigation Co-Chairs Mr. Mark M. Maloney King & Spalding LLP 1180 Peachtree St, NE Atlanta, GA 30309 T (404) 572-4857 F (404) 572-5149 mmaloney@kslaw.com
Mr. Bradley D. Sharp Development Specialists, Inc. 333 S Grand Ave Ste 4070 Los Angeles, CA 90071 T (213) 617-2717 F (213) 617-2718 bsharp@dsi.biz
Mr. Irving E. Walker Cole, Schotz, Meisel, Forman & Leonard 111 S Calvert St, Suite 2350 Baltimore, MD 21202 T (410) 576-8211 f (410) 230-0667 iwalker@coleschotz.com
Commercial Fraud Task Force Co-Chairs Mr. Francis A. Monaco, Jr. Womble Carlyle Sandridge & Rice 222 Delaware Ave, Suite 1501 Wilmington, DE 19801 T (302) 252-4340 F (302) 661-7730 fmonaco@wcsr.com
Ms. Sheryl L. Toby Dykema 400 Renaissance Ctr Detroit, MI 48243 T (248) 203-0522 F (248) 203-0763 stoby@dykema.com Consumer Bankruptcy Co-Chairs Mr. Dennis J. LeVine Dennis LeVine & Associates, PA PO Box 707 Tampa, FL 33601 T (813) 253-0777 F (813) 253-0975 dennis@bcylaw.com
Employee Benefits in Bankruptcy Co-Chairs Ms. Carol Connor Cohen Arent Fox LLP 1050 Connecticut Ave NW, Suite 500 Washington, DC 20036 T (202) 857-6054 F (202) 857-6395 cohen.carol@arentfox.com Mr. Jeffrey B. Cohen Ivins, Phillips & Barker 1700 Pennsylvania Ave NW Washington, DC 20006 T (202) 393-7600 F (202) 393-7601 jcohen@ipbtax.com
Hon. C. Ray Mullins U.S. Bankruptcy Court 75 Spring St SW, Suite 1270 Atlanta, GA 30303 T (404) 215-1002 F (404) 215-1117 ray_mullins@ganb.uscourts.gov
Mr. Charles M. Dyke Thelen Reid Brown, et. al. 101 Second St, Suite 1800 San Francisco, CA 94105 T (415) 369-7206 F (415) 371-1211 cmdyke@thelen.com
Mr. John Rao National Consumer Law Center 77 Summer St, 10th Floor Boston, MA 02110 T (617) 542-8010 F (617) 542-8028 jrao@nclc.org
Ethics Co-Chairs Ms. Terri L. Gardner Nelson Mullins Riley & Scarborough, LLP GlenLake One, Suite 200 Raleigh, NC 27612 T (919) 329-3882 F (919) 877-3800 terri.gardner@nelsonmullins.com
Court Administration Co-Chairs Mr. David D. Bird U.S. Bankruptcy Court 824 N Market St Wilmington, DE 19801 T (302) 252-2943 F (302) 573-6014 david_bird@deb.uscourts.gov Ms. Kelly Beaudin Stapleton 6 Fox Ridge Drive Malvern, PA 19355 T (610) 647-3863 F (610) 647-3874 kellybstapleton@gmail.com
Ms. Judith Greenstone Miller Jaffe, Raitt, Heuer & Weiss, PC 27777 Franklin Rd, Suite 2500 Southfield, MI 48034 T (248) 351-3000 F (248) 351-3082 jmiller@jaffelaw.com Finance and Banking Co-Chairs Mr. Jeff J. Marwil Winston & Strawn LLP 35 W Wacker Dr Chicago, IL 60601 T (312) 558-3714 F (415) 591-1400 Jmarwil@winston.com
Ms. Suzanne S. Yoon CIT National Restructuring Group 30 S Wacker Dr, 30th Floor Chicago, IL 60606-7459 (312) 906-5748 suzanne.yoon@cit.com Financial Advisors Co-Chairs Mr. Stephen S. Gray CRG Partners Group LLC 2 Atlantic Ave, 4th Floor Boston, MA 02110 T (617) 482-4242 F (617) 482-9804 stephen.gray@crgpartners.com Mr. Gerald A. Shapiro CRG Partners Group LLC 57 Vista Rd Wilton, CT 06897 T (917) 863-1505 F (203) 761-1186 gerald.shapiro@crgpartners.com Health Care Co-Chairs Ms. Leslie Ann Berkoff Moritt Hock Hamroff & Horowitz 400 Garden City Plz Garden City, NY 11530 T (516) 873-2000 (ex. 243) F (516) 873-2010 lberkoff@moritthock.com Ms. Suzanne Koenig SAK Management Services, LLC 4055 W Peterson Ave, Suite 101 Chicago, IL 60646 T (773) 202-0000 F (773) 267-0111 skoenig@sakmgmt.com International Co-Chairs Mr. Luis Salazar Greenberg Traurig, LLP 1221 Brickell Ave Miami, FL 33131 T (305) 579-0751 F (305) 579-0717 salazarl@gtlaw.com
ABI Committees International Co-Chairs (continued) Mr. Sandy Shandro University College London Bentham House Endsleigh Gardens London, England WC1H 0EG T +44 (0)20 7679 1000 F +44 (0)020 7679 1424 sandy.shandro@ucl.ac.uk Mr. Ronald J. Silverman Bingham McCutchen LLP 399 Park Ave New York, NY 10022 T (212) 705-7868 F (212) 508-1407 ronald.silverman@bingham.com Investment Banking Co-Chairs Ms. Lorie R. Beers KPMG Corporate Finance LLC 345 Park Ave New York, NY 10154 T (212) 872-7676 F (646) 607-2456 lbeers@kpmg.com Mr. J. Scott Victor National City Capital Markets 300 Barr Harbor Dr Ste 420 West Conshohocken, PA 19428 T (610) 940-5802 F (610) 940-3875 jscott.victor@nationalcity.com Law School Co-Chairs Prof. Nancy B. Rapoport William S. Boyd School of Law PO Box 451003 Las Vegas, NV 89154 T 713) 202-1881 F (702) 896-0459 nancy.rapoport@unlv.edu Prof. G. Ray Warner St. John’s University and Of Counsel Greenberg Traurig, LLP 8000 Utopia Pkwy Jamaica, NY 11439 (718) 990-6620
Legislation Co-Chairs Hon. Jeffery P. Hopkins U.S. Bankruptcy Court 221 E 4th St, Suite 800 Cincinnati, OH 45202 T (513) 684-2572 F (513) 357-5420 jeffrey_hopkins@ohsb.uscourts.gov
Public Companies & Claims Trading Co-Chairs Mr. H. Slayton Dabney, Jr. King & Spalding LLP 1185 Avenue Of The Americas New York, NY 10036 T (212) 556-2287 F (212) 556-2222 sdabney@kslaw.com
Uniform Commercial Code Co-Chairs Mr. Gary A. Norton Whitfield & Eddy, PLC 317 6th Ave Ste 1200 Des Moines, IA 50309 T (515) 246-5543 F (515) 246-1474 norton@whitfieldlaw.com
Young Members Co-Chairs Mr. Douglas E. Deutsch Chadbourne & Parke, LLP 30 Rockefeller Plz New York, NY 10112 T (212) 408-5169 F (212) 541-5369 ddeutsch@chadbourne.com
Hon. David W. Houston, III U.S. Bankruptcy Court Aberdeen, MS 11439 T (662) 369-2624 F (718) 591-1855 warnerg@stjohns.edu
Ms. Andrea J. Pincus Reed Smith LLP 599 Lexington Ave, 29th Floor New York, NY 10022 F (212) 521-5450 apincus@reedsmith.com
Mr. Romaine S. Scott, III Haskell Slaughter Young & Rediker 2001 Park Pl, Suite 1400 Birmingham, AL 35203 T (205) 254-1439 F (205) 324-1133 rss@hsy.com
Mass Torts Co-Chairs Mr. Adam Paul Kirkland & Ellis LLP 200 E Randolph Dr Chicago, IL 60601 T (312) 861-3120 F (312) 861-2200 apaul@kirkland.com
Real Estate Co-Chairs Mr. Berry D. Spears Fulbright & Jaworski LLP 600 Congress Ave, Suite 2400 Austin, TX 78701 T (512) 536-5246 F (512) 536-4598 bspears@fulbright.com
Ms. Kathryn Pamenter Goldberg Kohn Bell Black Rosenbloom & Moritz, Ltd. 55 E Monroe St, Suite 3300 Chicago, IL 60603 T (312) 201-3983 F (312) 863-7483 kathryn.pamenter@goldbergkohn.com
Mr. David B. Wheeler Moore & Van Allen, PLLC 40 Calhoun St, Suite 300 Charleston, SC 29401 T (843) 579-7015 F (843) 579-8727 davidwheeler@mvalaw.com
Mr. John F. Young Block, Markus & Williams, LLC 1700 Lincoln St, Suite 4000 Denver, CO 80203 T (303) 830-0800 (303) 830-0809 jyoung@bmwllc.com
Professional Compensation Co-Chairs Mr. T. Edward Malpass Law Offices of T. Edward Malpass 901 Dove St, Suite 120 Newport Beach, CA 92660 T (949) 474-9944 F (949) 474-9947 temalpass@aol.com
Technology and Telecommunication Cases Co-Chairs Mr. H. Jason Gold Wiley Rein LLP 7925 Jones Branch Dr, Suite 6200 Mc Lean, VA 22102 T (703) 905-2825 F (703) 905-2820 jgold@wileyrein.com
Mr. Thomas A. Morrow AlixPartners LLP 2000 Town Ctr, Suite 2400 Southfield, MI 48075 T (248) 358-4420 F (248) 358-1969 tmorrow@alixpartners.com
Mr. William K. Snyder CRG Partners Group LLC 13355 Noel Rd, Suite 1825 Dallas, TX 75240 T (972) 702-7333 F (972) 702-7334 william.snyder@crgpartners.com
Unsecured Trade Creditors Co-Chairs Mr. Ronald E. Gold Frost Brown Todd LLC 201 E Fifth St, Suite 2500 Cincinnati, OH 45202 T (513) 651-6156 F (513) 651-6981 rgold@fbtlaw.com Ms. Jean R. Robertson Calfee, Halter & Griswold LLP 1400 KeyBank Ctr Cleveland, OH 44114 T (216) 622-8404 F (216) 241-0816 jrobertson@calfee.com Val Venable SABIC Innovative Plastics 9930 Kincey Ave Huntersville, NC 28078 P (704) 992-5075 F (866) 585-2386 valerie.venable@sabic-ip.com
As of September 19, 2008
ABI Partners (2008) Presidential Partners
Jefferies & Company, Inc., the principal operating subsidiary of Jefferies Group, Inc. (NYSE: JEF; www.jefferies.com), is a full service investment bank providing capital markets and advisory solutions across a range of industries to growing companies and their investors around the globe. Headquartered in New York, Jefferies maintains over 25 offices in 11 countries. Jefferies’ Recapitalization and Restructuring Group uniquely provides the focused, unbiased solutions and the senior level attention of a boutique restructuring firm coupled with the real-time market insight, capital access, deep industry expertise and resources of a full service global investment bank.
Thomson 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.
Executive Partners
Capital Partners
Development Specialists, Inc.
ABI Events Schedule
09
Exhibit and Sponsorship Opportunities at ABI Events Boston Consumer Bankruptcy Conference Jan 19 • Boston
New York City Bankruptcy Conference May 4 • New York
Views from the Bench, 2009 Sept. TBD • Washington, D.C.
Atlanta Consumer Bankruptcy Skills Training Jan. 28 • Atlanta
Litigation Skills Symposium May 12-15 • New Orleans
Delaware Bankruptcy Conference Oct. TBD • Wilmington, DE
Rocky Mountain Bankruptcy Conference Jan. 22-24 • Denver
Atlanta Consumer Bankruptcy Skills Training June 4 • Atlanta
ABI Program at NCBJ Oct. 20 • Las Vegas
Caribbean Insolvency Symposium Feb. 5-7 • Grand Cayman Island
Central States Bankruptcy Workshop June 11-14 • Traverse City, Mich.
ABI/UMKC Midwestern Bankruptcy Institute Oct. TBD • Kansas City
Valcon 2009 Feb. 25-27 • Las Vegas
Northeast Bankruptcy Conference July 16-19 • Bretton Woods, N.H.
Chicago Consumer Bankruptcy Conference Oct. 12 • Chicago
Bankruptcy Battleground West March 13 • Beverly Hills, Calif.
Southeast Bankruptcy Workshop July 29-Aug. 1 • Hilton Head, S.C.
International Insolvency Symposium Oct. TBD • Paris
Conrad B. Duberstein Moot Court Competition March 14-16 • New York
Mid-Atlantic Bankruptcy Workshop Aug. 6-8 • Hershey, Pa.
Corporate Restructuring Competition Nov. TBD • Chicago
27th Annual Spring Meeting April 1-4 • National Harbor, Md. (D.C.)
Complex Financial Restructuring Program Sept. 10-11 • Lake Tahoe, Nev.
Detroit Consumer Bankruptcy Conference Nov. 11 • Troy, Mich.
Nuts and Bolts for Young Practitioners NYC May 1 • New York
Southwest Bankruptcy Conference Sept. 10-12 • Lake Tahoe, Nev.
Winter Leadership Conference Dec. 3-5 • La Quinta, Calif.
Conference dates and locations subject to change. For the most current dates, log on to
www.abi.org
e ican Bank ptcy n tit te End w ent nd
C nt ib ti n & led e Ca d I support insolvency research and education!
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.
Levels of Support:
o Century Council Member $25,000 and Greater o Lifetime Member* $10,000 - $24,999 o Benefactor $5,000 - $9,999
o Sustaining Member $2,000 - $4,999 o Donor $100 - $1,999
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 upon 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
oe
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 44 Canal Center Plaza, Suite 400, Alexandria, VA 22314. If paying by credit card, FAX (703) 739-1060.
B End w ent C ntact nf
ati n
For more information, please see us online at www.abiworld.org/endowment or contact one of the ABI staff members below at (703) 739-0800. Samuel J. Gerdano Executive Director sgerdano@abiworld.org
Kathy Sheehan Chief Financial Officer ksheehan@abiworld.org
Peter Taylor Marketing Director ptaylor@abiworld.org
remove
Cover comp _001.indd 1
9/16/08 1:56:49 PM
remove
Cover comp _001.indd 4
9/16/08 1:56:54 PM
Cover comp _001.indd 5
9/16/08 1:56:55 PM
American Bankruptcy Institute 44 Canal Center Plaza, Suite 400 Alexandria, VA 22314
Cover comp _001.indd 2
9/16/08 1:56:50 PM