the 2O14 ANNUAL SPRING MEETING BACK IN WASHINGTON D.C.
2O13 annual report
2O13 •14 CALENDAR
abi.org
Highlights
Patricia A. Redmond President
Brian L. Shaw President-Elect
Geoffrey L. Berman Board Chairman
Samuel J. Gerdano Executive Director
THE AMERICAN BANKRUPTCY INSTITUTE marked 2013 by a big move — relocation of our headquarters in Alexandria, Virginia. The new space overlooking the Potomac River features a full-service conference center and multi-media production facilities. The move will help us achieve our bold vision as a multi-disciplinary education and research institute, in service to the bankruptcy community. ABI continued its landmark work on the Commission to Study the Reform of Chapter 11 during 2013, conducting more than a dozen public field hearings around the country. ABI also sponsored two important new professional responsibility initiatives on ethics and civility, each resulting in a thoughtful, member-driven report. A major move of a different sort lies ahead in 2014, with the return of the popular Annual Spring Meeting to the District of Columbia, after a successful five-year run at National Harbor. We look forward to seeing you there to celebrate our return home. As always, on behalf of our volunteer leaders and professional staff, we encourage all members to get involved in their ABI.
ABI Relocates to 66 Canal Center Plaza, Suite 600 • Alexandria, VA 22314 Annual Spring Meeting Returns to Washington D.C. in 2014
abi.org
table of contents November 2013 search.abi.org volo.abi.org
April 2014 news.abi.org connect.abi.org
December 2013 law.abi.org commission.abi.org
May 2014 opinions.abi.org 363.abi.org
January 2014 bookstore.abi.org
June 2014 global.abi.org
February 2014 journal.abi.org lawreview.abi.org
July 2014 care4yourfuture.org blogs.abi.org
March 2014 elearning.abi.org materials.abi.org
August 2014 committees.abi.org
2013 ANNUAL REPORT AND 2013•14 CALENDAR September 2014 events.abi.org October 2014 consumer.abi.org DebtorHelp.org November 2014 abcworld.org December 2014 Board of Directors Endowment Fund endowment.abi.org
Committee Leadership ABI Staff 2012 ABI Statement of Financial Position 2013 ABI Partners GoDigital Endowment Pledge “DISCOVER ABI” 2013•14 Event Schedule
search.abi.org Make Search your first stop for handling your insolvency research questions. This member resource searches more than 5 million keywords across all the ABI information
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platforms — more than 300,000 documents. Search covers every issue of the ABI Journal since 1997 and every ABI Law Review since 1995, in addition to books, CLE conference materials, news and other exclusive ABI content.
One Search and You’re Done! volo.abi.org Access Circuit Court Opinion Summaries Volo summarizes bankruptcy-related circuit court decisions and provides links to the full opinion text. Utilizing a team of editors from around the country, the site acts as a circuit court first-responder system, with decision summaries appearing within 24 hours. In 2013, Volo posted its 1,000th circuit court opinion summary.
The site is fully searchable by circuit, case name or topic, and practitioners can also set up an RSS feed for their own circuit or read new summaries on the go.
“DISCOVER ABI” Webinar Consumer Bankruptcy Edition
Election Day
ABI Workshop “Risky Times for Secured Lenders” Complex Financial Restructuring Program November 7 • Philadelphia
“DISCOVER ABI” Webinar ABI Commission Hearing
Corporate Restructuring Competition November 7-8 • Philadelphia
Advanced Consumer Bankruptcy Practice Institute November 10-12 • Austin, Texas
Detroit Consumer Bankruptcy Conference November 11 • Detroit
Veterans Day
ABI Workshop “You Can’t Discharge Student Loans — Or Can You?”
ABI Commission Hearing Austin, Texas
Delaware Views from the Bench November 25 • Wilmington, Del. December Journal mails
Hanukkah Begins at Sundown Thanksgiving December Journal online
DECEMBER 2013
law.abi.org Your Electronic Version of the Bankruptcy Code & Rules
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The ABI Commission to Study the Reform of Chapter 11 held nearly a dozen hearings in 2013 and heard more than 30 hours of testimony.
ABI’s personalized electronic Bankruptcy Code & Rules features bookmarking capabilities and case annotations! Easily search for a specific Code section and related Rule provision. You can also get links to relevant cases (thanks to our site partner, LexisNexis Matthew ®
Bender®). Plus, it’s mobile friendly and FREE for all members!
commission.abi.org Commission Holds Public Hearings on Chapter 11 Reform
Winter Leadership Conference •December 5-7• Rancho Palos Verdes, Calif. ABI/SJUSL 40-Hour Mediation Training Symposium December 8-12 • New York
“DISCOVER ABI” Webinar Consumer Bankruptcy Edition
First Day of Winter
The 20-member Commission continues its study of proposed reforms to chapter 11 and related statutory provisions to better balance the goals of effectuating the effective reorganization of business debtors — with the attendant preservation and expansion of jobs — and the maximization and realization of asset values for all creditors and stakeholders. The final report of the Commission is expected in December 2014.
Clockwise: David R. Jury (United Steelworkers; Pittsburgh) discussed bankruptcy’s impact on working Americans at a Commission field hearing held at the American College of Bankruptcy in March. Wilbur L. Ross (WL Ross & Co.; New York) testified before the Commission during ABI’s Annual Spring Meeting in April to address investor complaints regarding professional fees in the chapter 11 process. Kathleen M. Tomlin (Central Concrete Supply & Co. in; San Jose, Calif.) shared several ideas on how to improve preference statutes and venue rules during a field hearing hosted by the National Association of Credit Management in May.
January Journal mails
Christmas
January Journal online
New Year’s Eve
bookstore.abi.org The ABI Bookstore is the premier destination to find the most comprehensive collection of insolvency books covering commercial and consumer bankruptcy. ABI titles can be ordered through ABI’s online bookstore or on Amazon, and can also be found on Westlaw®. Most are also available as e-books for the iPad®, Kindle® and Nook®. New titles this year included:
Graduating with Debt: Student Loans under the Bankruptcy Code introduces readers to the basics of student loan debt, including different types of loans and loan-forgiveness programs, delinquency and default litigation under section 523(a)(8), and administrative and nonjudicial remedies for borrowers having trouble repaying their loans. The book also includes extensive appendices replete with sample pleading and discovery forms.
The Chief Restructuring Officer’s Guide to Bankruptcy: Views from Leading Insolvency Professionals is a detailed, step-by-step procedural guide for leading a troubled company through the restructuring process and delves into the issues that frequently confront the distressed company — and the CRO — during that process.
The Depths of Deepening Insolvency: Damage Exposure for Officers, Directors and Others is written from both the plaintiffs’ and defendants’ perspectives. It offers a historical analysis of the doctrine, its significance in calculating damages in a variety of liability scenarios, the interplay of the doctrine with fiduciary duties, and potential defenses that may be asserted to deepening insolvency allegations, as well as a state-by-state list of significant case law on this issue.
This second edition of Municipalities in Peril: The ABI Guide to Chapter 9 has been revised and updated to include coverage of the latest cases and offers insight into pending actions in such larger urban settings as Detroit. Including a convenient summary of all relevant state statutes, this book is a must-have for bankruptcy professionals entering this burgeoning practice area.
A Practical Guide to Bankruptcy Valuation helps both practitioners and students navigate the complex task of valuing a bankrupt or other financially distressed business, and provides practical guidance on the selection and application of valuation approaches, methods and procedures. Comprehensive, at over 500 pages.
JANUARY 2014
ABI offers more than 50 books on all aspects of bankruptcy, many of them also available as e-books. Visit bookstore.abi. org to see the latest titles.
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Western Consumer Bankruptcy Conference January 20 • Las Vegas
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Rocky Mountain Bankruptcy Conference January 23-24 • Denver
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New Year’s Day
“DISCOVER ABI” Webinar Consumer Bankruptcy Edition
“DISCOVER ABI” Webinar
February Journal mails
February Journal online
Martin Luther King Jr. Day
journal.abi.org Delivering Expert Analysis to Members, From Members. The ABI Journal is the flagship publication of the American Bankruptcy Institute and covers
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The new ABI Journal App has been downloaded by more than 2,000 members since its launch in February, 2013
Groundhog Day
the entire range of insolvency issues, featuring timely articles written by some of the most knowledgeable professionals in the field. To complement the online interactive version of the Journal, in 2013 ABI launched the ABI Journal App for iPhone and iPad, with plans to develop an Android app. The ABI Journal now reaches members in more ways than ever before.
lawreview.abi.org The American Bankruptcy Institute Law Review is the nation’s largest-circulation bankruptcy law journal, with more than 5,400 subscribers. Top students at St. John’s University School of Law compile and edit it twice a year, and West, a Thomson Reuters business publishes it. An advisory board of bankruptcy judges, scholars and practitioners helps plan theme issues.
“DISCOVER ABI” Webinar Consumer Bankruptcy Edition
Caribbean Insolvency Symposium February 6-8 • San Juan, Puerto Rico
“DISCOVER ABI” Webinar
Valentine’s Day
Presidents’ Day
Profs. G. Ray Warner and Keith Sharfman of St. John’s University School of Law serve as the board chairs and faculty advisors. The Summer 2013 issue included a comprehensive guide to navigating IP issues in chapter 11, an argument for simplifying the Code’s definition of “small business debtor,” and
March Journal mails VALCON 2014 February 26-28 • Las Vegas
March Journal online
non-recourse mortgages. The Winter 2013 issue features articles on the role of hedge funds in restructuring cases. An October 2013 symposium considered the important role of hedge funds as both investors and traders in the bankruptcy process.
ABI Law Review Advisory Board Chairs
ABI Law Review Advisory Board
Prof. Stephen J. Lubben
Prof. Mark S. Scarberry
Prof. Lois R. Lupica
Mark N. Berman
University of Maine School of Law
Paul D. Sinclair
Prof. Keith Sharfman (Co-advisor)
William L. Medford
Hon. Paulette J. Delk
Quilling, Selander, et. al.
Prof. Michael D. Sousa
Prof. G. Ray Warner (Co-advisor)
Prof. Juliet M. Moringiello
Widener University School of Law
Hon. Morris A. Stern
Hon. Craig A. Gargotta
Prof. Edward R. Morrison
University of Chicago Law School
Francisco Vazquez
Kristin K. Going
Prof. Grant W. Newton
Pepperdine University School of Law
Victor A. Vilaplana
Prof. John P. Hennigan J. Eric Ivester
Emergency Manager City of Detroit
Dillon E. Jackson
Univ. of California-Irvine Law School
Prof. Edward Janger
University of Michigan Law School
Hon. Christopher M. Klein
Stetson University College of Law
Prof. Adam J. Levitin
Univ. of Southern California School of Law
St. John’s University School of Law St. John’s University School of Law
Nixon Peabody LLP
U.S. Bankruptcy Court (W.D. Tenn.) U.S. Bankruptcy Court (S.D. Tex.) Drinker Biddle & Reath LLP St. John’s University School of Law Skadden, Arps, Slate, Meagher & Flom LLP Foster Pepper PLLC
Brooklyn Law School
U.S. Bankruptcy Court (N.D. Cal.) Georgetown University Law Center
Seton Hall University School of Law
Kevyn D. Orr
Prof. Katherine M. Porter Prof. John A. E. Pottow
Prof. Theresa J. Pulley Radwan Dean Robert K. Rasmussen Prof. Marie T. Reilly
Penn State Univ. Dickinson School of Law
Pepperdine University School of Law Polsinelli Shughart PC University of Denver College of Law U.S. Bankruptcy Court (D. N.J.) Chadbourne & Parke, LLP Foley & Lardner LLP
Robert M. Zinman (Chairman Emeritus)
Prof. Lois R. Lupica (University of Maine School of Law; Portland, Maine) received the ABI Law Review’s Hon. Wesley W. Steen Prize from Prof. G. Ray Warner (St. John’s University School of Law; Jamaica, N.Y.) for her “Consumer Bankruptcy Fee Study: Final Report,” which was published in the Spring 2012 issue.
elearning.abi.org Cutting-Edge Insolvency Courses On Demand Learn from leading insolvency professionals when and where you want — even on your mobile device. Search consumer or business courses by topic or speaker, and access popular sessions and dozens of other topics, including ethics. Current, convenient, affordably priced and ready when you are. Stay up to date without leaving your office!
materials.abi.org Conference Educational Materials Are Online! In addition to printed materials distributed on site, educational materials from all ABI conferences are available online approximately one week prior to each conference. The website currently contains a database of searchable materials dating back to 2005 on various bankruptcy
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More than 1,000 people attended elearning sessions in 2013, and more distance learning sessions are planned for 2014. Programs for CLE/CPE credit are available both live and on-demand. Duberstein Bankruptcy Moot Court Competition March 1-3 • New York
“DISCOVER ABI” Webinar Consumer Bankruptcy Edition
Ash Wednesday “DISCOVER ABI” Webinar
Daylight Saving Time Begins
Bankruptcy Battleground West March 11• Los Angeles
Byrne Judicial Clerkship Institute March 13-14 • Malibu, Calif.
Nuts & Bolts for Young and New Practitioners March 13 • Tampa, Fla.
ABI/SUCL Alexander L. Paskay Seminar on Bankruptcy Law and Practice March 13-15 • Tampa, Fla.
St. Patrick’s Day
First Day of Spring
issues. Materials are organized by both conference and year. April Journal mails
April Journal online
news.abi.org The 24-Hour News Source for Bankruptcy ABI’s Newsroom provides bankruptcy professionals, press and the public with cutting-edge insolvency news, statistics, commentary and more.
In response to the July 2013 chapter 9 filing of the city of Detroit, ABI created a page dedicated to all news, blog posts and analysis about the largest municipal filing in history.
APRIL 2014
ABI’s newsroom site is continually updated with statistics, analysis, headline news, charts, press releases, Congressional hearing information, videos and quick poll questions. It also features a timeline of bankruptcy history.
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ABI Social Media ABI continues to grow its social media community with Twitter (twitter.abi.org), LinkedIn (linkedin. abi.org) and Facebook (facebook.abi.org). Posts about ABI events, news and products are crafted for each social network, engaging audiences for further conversation or sharing. Followers on ABI’s social networks through September 2013: • LinkedIn: 4,400 • Twitter: 2,100 • Facebook: 1,000
“DISCOVER ABI” Webinar Consumer Bankruptcy Edition
“DISCOVER ABI” Webinar
Palm Sunday
Passover Passover
Good Friday
Easter
Passover Passover
32nd Annual Spring Meeting •April 24-27• J.W. Marriott, Washington, D.C.
MAY 2014 Bankruptcy Case Opinion Summaries ABI’s Opinions website provides summaries of bankruptcy-related opinions issued by U.S. bankruptcy courts, district courts and circuit courts of appeals since 2005. Search more than 11,000 opinion summaries by keyword, relevant Code section, court and judge. Opinion
ABI’s website is the primary communication vehicle to members and the public — a unique interactive experience rich in daily content. Site traffic reached more than 340,000 aggregate visitors in 2013.
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“DISCOVER ABI” Webinar
summaries are provided by our partner LexisNexis® Collier and are updated weekly.
363.abi.org Asset Sales Databank: The Key to § 363 ABI’s 363 Asset Sales Databank provides key terms and conditions for recent selected sales pursuant to § 363. Get summaries of orders approving asset sale procedures by courts nationwide. Data is organized by circuit and searchable by date, price or key terms. Receive court notifications of new asset sales via email or RSS.
MONDAY 26 TUESDAY 27 WEDNESDAY 28 THURSDAY 29 FRIDAY 30 SATURDAY 31 TBD EVENTS
“DISCOVER ABI” Webinar Consumer Bankruptcy Edition
Mother’s Day
New York City Bankruptcy Conference May 15 • New York
Memorial Day June Journal mails
June Journal online
Litigation Skills Symposium TBA
PROGRAM REGISTRATION
registration
Please complete this registration form, make check payable to American Bankruptcy Institute and return to: ABI, P.O. Box 34709, Alexandria, VA 22334-0709, ATTN: IIS13. Credit card payments can be faxed to Please complete registration form, make check payable to American Bankruptcy Institute, and return to: ABI, P.O. Box 34709-0709, Alexandria, VA 22334 ATTN: CIS13. Credit 921-1027. card payments can be faxed toonline (866) 921-1027. Register online at www.abiworld.org/CIS13. (866) Register at www.abiworld.org/IIS13.
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Provide Your Contact Information ABI (Optional) Annual Membership Renewal (Optional) ABI Annual Membership Renewal __________________________________________________________________ o (x $275) $ ________ Regular Name Nickname Regular o (x $275) $ ________ _____________________________________________________________________ __________________________________________________________________ Name Nickname Govt./Academic/Nonprofit/International o (x $95) $ ________ International o (x $95) $ ________ Title Firm/Company o (x $95) $ ________ Govt./Academic/Nonprofit _____________________________________________________________________ Continuing Education Credit __________________________________________________________________ Title Firm/Company Address ______________________________________________________________________________ _____________________________________________________________________ Credit __________________________________________________________________ CLE/CPE (circle one) Credit State(s) Continuing Education Bar No. Address State City Zip __________________________________________________________________________ ABI Endowment Fund (Optional)
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o Yes, I’d like to contribute to the ABI Endowment Fund. o $50 o $100 o $250 _____________________________________________________________________ Early Bird Regular Late o Other $___________________________ ______________________________________________________________________________ (after 01/11/13) List as o Yes, I’d like to make a pledge. Please contact me regarding billing. ABI Member o $345 o $395 o $445 ___________________________________________________________________________ New Member* o $595 o $645 o $695 Conference Rates Payment o $195 o $245 o $295 Gov’t/Aca./Nonprofit/Int’l Member List as ABI Member o $595 USD Gov’t/Aca./Int’l New Member* o $290 o $340 o $390 TOTAL $______________ o $690 USD New ABI Member* *Includes a one-year ABI membership for first-time members only—a $275 value! You must be an ABI, PRBBA or FBA-PR member to attend. ABI Payment TOTAL $______________ membership is individual and nonrefundable. If your membership has expired, choose the member rate and add in your renewal fee. oofCheck payable *Includes a one-year ABI International membership for first-time members outside North America only. to American Bankruptcy Institute enclosed. o Check payable to American Bankruptcy Institute enclosed. o American Express o MasterCard o VISA I Will Attend Self Guest 1 Guest 2 Subtotal o American Express o MasterCard o VISA Opening Reception o Questions? o $50 o $50 $______ ______________________________________________________________________________ __________________________________________________________________________ Networking Luncheon (registrants only) o Call ABI at (703) 739-0800, or visit ABI World at www.abiworld.org/IIS13. Fax credit card orders to Acct. # Exp. Date Acct. # Exp. Date *A guest is considered to be a spouse or significant other, not an (866) industry921-1027, professional. Industry professionals must be registered attendees the payment to: ABI, P.O. Box 34709, Alexandria, or send completed registration formofand conference to attend any reception. ______________________________________________________________________________ __________________________________________________________________________ VA 22334-0709, Attn: IIS13 **All Prices are listed in U.S. Dollars Signature Signature Conference Rates**
E-mailby 11/30/12) (12/1/12-01/11/13) (postmarked
JUNE 2014
INSOL International serves as the umbrella association of organizations in international insolvency and restructuring law and on the legal framework for insolvency and restructuring around the world. ABI is INSOL’s largest U.S. member association.
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The Global Insolvency website features daily news headlines on insolvency developments around the globe. From current commentary and recent filings to international protocols and
bankruptcy statutes to a database of Chapter 15 cases, the site offers a range of information information endowment on! in r Re for insolvency practitioners, judges, accountants, trustees and others. ABI is gist alsoin rati acopy partner You h wit ed lud Inc The ABI Anthony H.N. Schnelling Endowment Fund waslimen created tary of: Benefit AddedRestru will receive a comp dees osium atten Symp g 1989 to provide resources for research and education. cturin & ational Insolvency All Intern the World Bank’s global Forum on Law Justice and Development. .abi.org
FREE
Hotel Overlooking world-renowned Miami Beach on prestigious Millionaire’s Row, the Eden Roc Renaissance embraces its role as a timeless treasure, flawlessly blending iconic style, modern architecture and contemporary glamour. Famous for hosting such Hollywood greats as Elizabeth Taylor, Katharine Hepburn, Lauren Bacall and Humphrey Bogart since 1956, the Eden Roc continues to enchant guests and celebrities alike—providing an alluring escape with seamless, legendary service. Experience the most breathtaking views of Miami Beach from the comfort of spacious guest rooms, suites and bungalows. The Eden Roc is located only a short distance from South Beach and downtown Miami, where there is something for everyone! ABI has arranged for special conference rates of $309 single/double. To secure the special rate, reservations must be made by January 7, 2013. Reservations may be made only once you have registered with ABI. Upon payment of the conference registration fees, you will receive a hotel reservation link with your conference confirmation. Rooms are held on a first-come, first-served basis. ABI cannot guarantee anyone a room after the specially rated ABI block is filled.
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
European Union Regulation on Insolvency Proceedings:
Travel The Eden Roc is conveniently located only 20 minutes from Miami International Airport.
An Introductory Analysis, Third Edition Author: Bob Wessels
with a material research or educational benefit to the bankruptcy and insolvency community. More than $1.4 million has been distributed. law and modifications to the EU Insolvency Contributions are tax deductible.
Continuing Education Credit Updated to reflect recent case Regulation, Approval for approximately 10.75 hours of CLE credit, including 1 hour of ethics credit, is pending in states calculating CLE on a 60-minute hour, and 13 hours of general CLE credit, this book is a primer that covers jurisdictional issues, 'winding-up' procedures such as the including 1 hour of ethics is pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. 13 hours of CPE credit, including 1 hour of ethics, is appointment liquidator, of judgments, creditors' rights and other provisions. also available. Mark the appropriate box on the registration form. California MCLE—ABI certifies that this activity has been approved for MCLE credit byof the aState Bar of California inrecognition The ABI Endowment is a 501(c)(3) tax-exempt organization. the amount of 10.75 hours, of which 1 hour will apply to ethics. NY MCLE— This nontransitional program has been approvedWritten in accordance with requirements of theWessels CLE Board of University of Leiden Law School in the Netherlands, this bytheProf. Bob for a maximum of 13 credit hours, of which 1 hour of credit can be applied toward the ethics professionalism requirement.
book is an invaluable resource for professionals who find themselves increasingly involved in cross-border insolvency cases. To donate to the fund, please contact
*ABI offers intermediate-level courses, which assume that attendees have some knowledge in insolvency matters (pursuant to the “Statement on Standards for CPE Programs” established by AICPA and NASBA). 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 complaints and refunds, please contact the American Bankruptcy Institute at (703) 739-0800. 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-by-case 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 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 jguirguis@abiworld.org.
bookstore.abi.org
www.abiworld.org/CIS13
HOTEL ADLON, BERLIN 44 CANAL CENTER PLAZA • SUITE 400 THE QUINTESSENCE OF FIVE-STAR GUEST ALEXANDRIA, VA 22314 SERVICES AND FACILITIES AWAITS YOU AT THE LEGENDARY HOTEL ADLON KEMPINSKI.
The Hotel Adlon's location is the most prestigious in the German capital; any major SOME COMPANY IN BANKRUPTCY outdoor event in the city will have its start or finish theRIGHT Brandenburg Gate, which 1234atTHE WAY POINTBLANK, is right at the hotel’s doorstep. The hotel is in the middleUSof12345-6789 the governmental and Embassy districts, and Berlin’s most significant sights and monuments are only a stroll away. A comprehensive cultural repertoire awaits, such as the Museum Island and exclusive shopping opportunities, all of which are easily accessible via nearby public transport.
ABOUT THE ABI ENDOWMENT The ABI Anthony H.N. Schnelling 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 $1.8 million has been distributed. Contributions are tax deductible.
ABI Conferences Reach a Global Audience; endowment European Event Returns to London in 2014
.abi.org
CARIBBEAN INSOLVENCY SYMPOSIUM
www.abiworld.org/IIS13
Earn up to 10.75/13 Hours of CLE/CPE Credit, Including 1 Hour of Ethics!
The ABI Endowment is a 501(c)(3) tax-exempt organization.
To donate or for more information: visit endowment.abi.org (703) 739-0800•fax: (866) 921-1027•endowment@abiworld.org
join the conversation at #CaribInsol13
Earn up to 6.25/7.5 hours of CLE/CPE
66 CANAL CENTER PLAZA • SUITE 600 ALEXANDRIA, VA 22314
Eden Roc Renaissance • Miami Beach, Florida
2013
Presidential Partners
Shavuot “DISCOVER ABI” Webinar Memphis Consumer Bankruptcy Conference June 6 • Memphis, Tenn.
P.O. Box 34709 • Alexandria, VA 22334-0709 Call: (703) 739-0800 • Fax: (866) 921-1027
Cancellation Policy Visit endowment.abi.org All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by January 17, 2013. No refunds will be granted after January 17, although substitutions will be allowed. After January 17, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the canceling See a complete listing of our educational publicationsEmail: at endowment@abiworld.org registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year..
TOM T. SMITH
“DISCOVER ABI” Webinar Consumer Bankruptcy Edition
TOM T. SMITH SOME COMPANY IN BANKRUPTCY 1334 THE RIGHT WAY POINTBLANK, US 13345-6789
Central States Bankruptcy Workshop June 12-15 • Lake Geneva, Wis.
Father’s Day
First Day of Summer
February 7~9, 2013
www.abiworld.org/CIS13
join the conversation at #IISBerlin13
Earn up to 6.25/7.5 hours of CLE/CPE credit!
INTERNATIONAL INSOLVENCY & RESTRUCTURING SYMPOSIUM
HOTEL ADLON ~ BERLIN, GERMANY
October 25, 2013
T H E S A V O Y L O N D O N • E N G L A N D 2O14
July Journal mails
July Journal online
care4yourfuture.org Credit Abuse Resistance Education CARE spent a lot of time on the road thanks to a grant from the NCBJ Endowment for Education, promoting the program at national educational conferences including the annual meetings of the National Association of Independent Schools, American Association of Family and Consumer Sciences, and the Council for Economic Education, ands Financial Literacy Day on Capitol Hill, recruiting volunteers at insolvency conferences around the country, including the National Conference of Bankruptcy Judges, the National Association of Bankruptcy Trustees, National Conference of Bankruptcy Clerks, and ABI events.
CARE web activity by the numbers Website visits ...................................... 5,285 Unique website visitors ....................... 3,818 Page Views .......................................... 15,549 Avg. duration of visit ........................... 2:40 Newsletter Subscribers ....................... 2,374 Facebook Likes:................................... 104 www.facebook.com/careforyourfuture LinkedIn Members ............................... 64 Twitter Followers ................................. 91 @care4yourfuture
John J. Horner, clerk of court for the U.S. Bankruptcy Court for the Western District of Pennsylvania (r), presented a Special Appreciation Award to CARE Program Administrator John C. Good in recognition of CARE’s valuable contributions to the National Conference of Bankruptcy Clerks annual conference in Baltimore in August.
Learn more and volunteer to help at www.care4yourfuture.org
blogs.abi.org Follow more than 60 Topical Blogs Covering Current Issues in Bankruptcy Credit and Debt ABI’s Bankruptcy Blog Exchange tracks the leading blogs on bankruptcy and the economy and displays them in one convenient location in a real-time feed format. Find out the latest scholarly or industry views on bankruptcy issues from ABI’s Blog Exchange.
JULY 2014
Founded in 2002, The CARE financial literacy program currently has grown to 203 volunteer presenters and more than 2,000 classroom educators.
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“DISCOVER ABI” Webinar Consumer Bankruptcy Edition
Independence Day
“DISCOVER ABI” Webinar
Northeast Bankruptcy Conference July 17-20 • Stowe, Vt.
Southeast Bankruptcy Workshop July 24-27 • Amelia Island, Fla.
August Journal mails
August Journal online Mid-Atlantic Bankruptcy Workshop July 31-August 2 • Cambridge, Md.
committees.abi.org Connect • Learn • Grow Numerous networking opportunities are available through ABI’s 17 active committees, each focusing on a unique area of insolvency. Committees plan educational panels, publish e-newsletters, maintain active listserves and serve as training grounds for future ABI leaders.
. .
This year, the committees played an important role in working to develop the abiLive series of webinars on topical issues. The Consumer Bankruptcy Committee hosted two webinars: “Student Loans: Bankruptcy May Not Have the Answers – but Does Congress?” and “The Complex Requirements and Ethical Duties of Representing Consumer Debtors.” The Ethics and Professional Compensation Committee presented the webinar titled, “How Will the U.S. Trustee Fee Guidelines Impact You?” More abiLIVE webinars are being developed through a variety of ABI committees.
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ABI committees have produced reports, written books, hosted educational programs, webinars and provide ways for new ABI members to become actively engaged. Mid-Atlantic Bankruptcy Workshop July 31-August 2 • Cambridge, Md.
“DISCOVER ABI” Webinar Consumer Bankruptcy Edition
“DISCOVER ABI” Webinar
Hawai’i Bankruptcy Workshop August 13-16 • Maui, Hawaii
September Journal mails
September Journal online
events.abi.org
Joan Jett rocked National Harbor, Md., with the Blackhearts during ABI’s 2013 Annual Spring Meeting.
A trial team holds a mock confirmation trial in front of a federal judge in May at the Litigation Skills Symposium,an intensive, four-day training program that provides a unique learn-by-doing environment.
Members of the ABI Commission to Study the Reform of Chapter 11 listen intently to testimony during a field hearing held at the Winter Leadership Conference in December.
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More than 7,000 members attended ABI conferences in 2013. ABI is the largest CLE provider in the bankruptcy space, with opportunities for education and business development Labor Day
Southwest Bankruptcy Conference September 4-6 • Las Vegas
“DISCOVER ABI” Webinar Consumer Bankruptcy Edition
First Day of Autumn
Rosh Hashanah Begins at Sundown Rosh Hashanah October Journal mails
ABI/NYU Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization TBA • New York
ABI/NYC Golf and Tennis Fundraiser TBA • New York
Consumer bankruptcy professionals honed their skills during an ABI/ACBPI seminar at Atlanta’s John Marshall Law School in February.
ABI’s “Indubies”—a.k.a. the Indubitable Equivalents—rocked Hollywood’s famed Whisky a Go Go during a charity event in March.
Rosh Hashanah
October Journal online
ABI/GULC “Views from the Bench” TBA • Washington, D.C.
In 2013, ABI introduced its abiWorkshops sessions — a series of day-long classroom and webstreamed educational sessions held in ABI’s new headquarters. The programs have discussed current issues for secured lenders and servicers, as well as the ever-growing problem of student loan debt.
“DISCOVER ABI” Webinar
consumer.abi.org The ABI Consumer Center This year, personal bankruptcies are on track to exceed 1.2 million new cases. Bankruptcy filings have exceeded 1 million each year since 2008. Consumer bankruptcy education and research has always been an ABI priority. That’s why we’ve dedicated an entire section of our website to consumer bankruptcy news and information. ABI helps practitioners meet today’s challenges head-on.
Optimized Consumer Focus ABI has gathered all of its consumer bankruptcy resources and placed them into one concise location. Consumer bankruptcy professionals will find a wealth of resources for practice assistance. Some of this information is only available to ABI members.
DebtorHelp.org Answers to Consumer Questions ABI has created a new site in 2013 specifically for consumers about the bankruptcy filing process. It includes a list of common questions and provides straightforward answers. The new site also houses ABI’s probono locator, which helps consumers with limited means find legal assistance. Answers is an excellent resource for your client to learn more about the
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In addition to five conferences designed specifically for consumer practitioners, ABI also offers books and educational materials on such topics as student loan debt, foreclosure, and individual chapter 11 cases.
“DISCOVER ABI” Webinar
Yom Kippur
“DISCOVER ABI” Webinar
Consumer Bankruptcy Edition
Sukkot Begins at Sundown Sukkot NCBJ/ABI Educational Program October 10 • Chicago
Sukkot Sukkot Sukkot
Chicago Consumer Bankruptcy Conference October 13 • Chicago
Columbus Day Sukkot Sukkot ends at Sundown Simchat Torah Begins at Sundown Simchat Torah ends at Sundown
bankruptcy process.
TBD EVENTS
November Journal mails
November Journal online International Insolvency & Restructuring Symposium October 31 • London ABI/UMKC Midwestern Bankruptcy Institute and Consumer Forum TBA • Kansas City, Mo.
Halloween
abcworld.org Board Certification The 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. The ABC 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 ABC’s rigorous standards. The ABC is sponsored by ABI and the Commercial Law League of America (CLLA), and all three ABC certification programs are accredited by the American Bar Association and many states. ABC certification is available to all qualified attorneys regardless of membership in ABI or CLLA. The ABC continues to see strong demand for certified specialists from the public. The
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Certified professionals include more than 20 who are now bankruptcy judges. ABC has more than 800 members in the U.S. and Puerto Rico.
Daylight Saving Time Ends
“DISCOVER ABI” Webinar Consumer Bankruptcy Edition
Election Day
“DISCOVER ABI” Webinar
ABC Website, www.abcworld.org, is continuously being updated and improved, with the most recent changes designed to make it easier for attorneys to complete applications for certification (and recertification).
2013 American Board of Certification Leadership John F. Young, Chair
Michael P. Horan, Treasurer
Mac D. Finlayson, President
Walter J. Greenhalgh, Secretary
Markus Williams Young & Zimmermann LLC Denver
Eller & Detrich, P.C. Tulsa, Oklahoma
Trenam Kemker St. Petersburg, Florida
Duane Morris Newark , New Jersey
Candace C. Carlyon, President-Elect Carlyon & Smith, PLLC Las Vegas
2013 • 2014 Exam Schedule ABC Exams are held in conjunction with several ABI conferences. The exam dates are as follows: Date
City
Event/Location
12/5/13
Rancho Palos Verdes, CA
ABI 25th Annual Winter Leadership Conference Terranea Resort
4/24/14
Washington, D.C.
ABI 32nd Annual Spring Meeting JW Marriott
6/12/14
Lake Geneva, WI
ABI 21st Annual Central States Bankruptcy Workshop Grand Geneva Resort & Spa
7/17/14
Stowe, VT
ABI 21st Annual Northeast Bankruptcy Conference Stowe Mountain Lodge
7/24/14
Amelia Island, FL
ABI 19th Annual Southeast Bankruptcy Workshop The Ritz-Carlton Amelia Island
7/31/14
Cambridge, MD
10th Annual Mid-Atlantic Bankruptcy Workshop Hyatt Regency Chesapeake Bay
9/4/14
Las Vegas, NV
ABI Southwest Bankruptcy Conference Four Seasons Las Vegas
12/4/14
La Quinta, CA
ABI 26th Annual Winter Leadership Conference La Quinta Resort & Spa
TBD EVENTS
Detroit Consumer Bankruptcy Conference November 11 • Detroit
Veterans Day
December Journal online
Thanksgiving December Journal online
Complex Financial Restructuring Program TBA Corporate Restructuring Competition TBA
2013•2014 BOARD OF DIRECTORS † Geoffrey L. Berman Chairman
Development Specialists, Inc. Los Angeles, Calif.
Jo Ann J. Brighton Winston & Strawn LLP Charlotte, N.C.
Francis A. Monaco, Jr. Womble Carlyle Sandridge & Rice, LLP Wilmington, Del.
Hon. Kevin J. Carey U.S. Bankruptcy Court Wilmington, Del.
Thomas A. Morrow
Deborah A. Crabbe Foster Pepper PLLC Seattle, Wash.
Hon. C. Ray Mullins
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA Miami, Fla.
† H. Slayton Dabney, Jr.
Hon. Pamela Pepper
† Brian L. Shaw President-Elect
Douglas E. Deutsch Chadbourne & Parke LLP New York, N.Y.
† Nancy A. Peterman
Hon. Mary Grace Diehl
Rebecca A. Roof
† James T. Markus Immediate Past President
Markus Williams Young & Zimmermann, LLC Denver, Colo.
† Patricia A. Redmond President
Shaw Fishman Glantz & Towbin LLC Chicago, Ill.
† Jeffrey N. Pomerantz Vice President-Education Pachulski Stang Ziehl & Jones LLP Los Angeles, Calif.
† Prof. Nancy B. Rapoport Vice President-Research Grants William S. Boyd School of Law, UNLV Las Vegas, Nev.
† James Patrick Shea Vice President-Communication & Information Technology Armstrong Teasdale LLP Las Vegas, Nev.
Dabney, PLLC Richmond, Va.
U.S. Bankruptcy Court Atlanta, Ga.
† Albert Togut Vice President-Development Togut, Segal & Segal, LLP New York, N.Y.
† Lynnette R. Warman Vice President-Publications Dallas, Texas
† R. Scott Williams Vice President-Membership
Haskell Slaughter Young & Rediker, LLC Birmingham, Ala.
† Rudy J. Cerone Secretary
McGlinchey Stafford, PLLC New Orleans, La.
† John Tittle, Jr. Treasurer
Tittle Advisory Group, Inc. New York, N.Y.
Corinne Ball Jones Day New York, N.Y.
Lisa G. Beckerman Akin Gump Strauss Hauer & Feld LLP New York, N.Y.
Alane A. Becket Becket & Lee, LLP Malvern, Pa.
Lorie R. Beers
Variant Capital Advisors, LLC New York, N.Y.
Michael L. Bernstein Arnold & Porter LLP Washington, D.C.
U.S. Bankruptcy Court Atlanta, Ga.
U.S. Bankruptcy Court Milwaukee, Wis.
Greenberg Traurig, LLP Chicago, Ill.
AlixPartners LLP New York, N.Y.
† Hon. Dennis R. Dow
Mitchell Ryan
Michael A. Fagone
Damian S. Schaible
Tinamarie Feil
Glenn E. Siegel
U.S. Bankruptcy Court Kansas City, Mo.
Bernstein Shur Portland, Maine
BMC Group New York, N.Y.
Scott F. Gautier † Ronald J. Silverman Peitzman Weg LLP Vice President-International Affairs Los Angeles, Calif. Bingham McCutchen LLP New York, N.Y.
AlixPartners LLP Southfield, Mich.
Rust Omni Orange, Calif.
Davis Polk & Wardwell LLP New York, N.Y.
Dechert LLP New York, N.Y.
Mark G. Stingley
Bryan Cave LLP Kansas City, Mo.
Edward T. Gavin Gavin/Solmonese
Annerose Tashiro
Hon. Robert E. Gerber U.S. Bankruptcy Court
Deborah L. Thorne
Jay M. Goffman Skadden, Arps, Slate, Meagher & Flom LLP
Sheryl L. Toby
Wilmington, Del.
New York, N.Y.
New York, N.Y.
Hon. Jeffery P. Hopkins
U.S. Bankruptcy Court Cincinnati, Ohio
Hon. Barbara J. Houser U.S. Bankruptcy Court Dallas, Texas
Prof. Margaret Howard Washington & Lee Law School Lexington, Va. David R. Kuney Sidley Austin LLP Washington, D.C.
Dennis J. LeVine
Dennis LeVine & Associates, PA Tampa, Fla.
Douglas L. Lutz Frost Brown Todd LLC Cincinnati, Ohio
Mark M. Maloney King & Spalding LLP Atlanta, Ga.
Jeff J. Marwil Proskauer Chicago, Ill.
Richard M. Meth Fox Rothschild LLP Roseland, N.J.
Schultze & Braun GmbH Achern, Germany
Barnes & Thornburg LLP Chicago, Ill.
Dykema Gossett PLLC Detroit, Mich.
Ralph S. Tuliano
Mesirow Financial Consulting, LLC New York, N.Y.
J. Scott Victor SSG Capital Advisors, LLC Conshohocken, Pa.
Prof. G. Ray Warner
St. John’s University School of Law Jamaica, N.Y.
Hon. Eugene R. Wedoff U.S. Bankruptcy Court Chicago, Ill.
David B. Wheeler
Moore & Van Allen, PLLC Charleston, S.C.
Ian G. Williams SGH Martineau LLP London, England
Hon. Gregg W. Zive U.S. Bankruptcy Court Reno, Nev.
Samuel J. Gerdano Executive Director Alexandria, Va.
† Denotes Executive Committee Member
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ABI’s Board of Directors is comprised of 60 members, 17 of whom are on the Executive Committee.
Winter Leadership Conference December 4-6 • La Quinta, Calif.
“DISCOVER ABI” Webinar
Consumer Bankruptcy Edition
“DISCOVER ABI” Webinar
Hanukkah Begins at Sundown
First Day of Winter
Christmas January Journal mails
January Journal online
New Year’s Eve ABI/SJUSL 40-Hour Mediation Training Symposium TBA • New York
More than $1.8 Million in Grants and Scholarships Has Been Awarded The ABI Anthony H.N. Schnelling Endowment Fund was created in 1989 to provide resources for research and education to the bankruptcy community. Your gift or pledge allows ABI to meet new requests for funding, which may 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; or scholarships and other educational grants. Current major and recently completed projects include support for the Commission to Study the Reform of Chapter 11, the Ethics Task Force and an empirical study of post-BAPCPA distributions to unsecured creditors. 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. All contributions are tax-deductible. The ABI Endowment is a 501(c)(3) tax-exempt organization.
Major Contributors Honored at ABI Meetings
ENDOWMENTS & GRANTS
New Major Contributors Millennium Level Contributions of $50,000 and above
Legacy Member Contributions of $15,000 - $19,999
• Bayard, P.A. • Conseco Liquidating Trust • Spiegel Creditor Liquidating Trust
30th Anniversary Circle Contributions of $30,000 - $49,999 • Robert N. Dangremond AlixPartners LLP • Ted Gavin Gavin/Solmonese • Robert P. Reynolds Reynolds, Reynolds & Little, LLC • John Tittle, Jr. Tittle Advisory Group, Inc.
Century Council Members Contributions of $25,000 - $29,999
• AlixPartners LLP Jay Alix • Scott L. Baena Bilzin Sumberg Baena Price & Axelrod, LLP • William A. Brandt, Jr. Development Specialists, Inc. • Bridge Associates, LLC Anthony H. Schnelling and Carl H. Young, III • John Wm. Butler, Jr. Skadden, Arps, Slate, Meagher & Flom LLP • L. E. Creel, III Wright Ginsberg Brusilow P.C. • Harry D. Dixon, Jr. • GA Keen Realty Advisors Harold J. Bordwin and Matt Bordwin • National Auctioneers Association • Polsinelli Shughart PC • Visa USA, Inc. • Bettina M. Whyte
Visionary Member Contributions of $20,000 - $24,999
• Patricia A. Redmond Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson
• Ballard Spahr LLP Tobey M. Daluz, Carl A. Eklund and Vincent J. Marriott III • The Hilco Organization Benjamin L. Nortman and Richard L. Kaye • Hon. Lee M. Jackwig U.S. Bankruptcy Court • Francis A. Monaco, Jr. Womble Carlyle Sandridge & Rice, LLP • Prof. Jack F. Williams Georgia State University/Mesirow Financial Consulting, LLC • Prof. Robert M. Zinman
New Lifetime Members Contributions of $10,000 - $14,999 • Scott F. Gautier Peitzman, Weg LLP • Neil C. Gordon Arnall Golden Gregory LLP • Richard S. Lauter Freeborn & Peters LLP • Brian L. Shaw Shaw Fishman Glantz & Towbin LLC
New Benefactors Contributions of $5,000 - $9,999
• Joseph Acosta Looper Reed & McGraw, PC • Martin R. Barash Klee, Tuchin, Bogdanoff & Stern LLP • Jason S. Brookner Looper Reed & McGraw, PC • David P. Leibowitz Lakelaw/Leibowitz Law Center • Hon. Daniel S. Opperman U.S Bankruptcy Court • Kenneth A. Rosen Lowenstein Sandler PC • David B. Wheeler Moore & Van Allen, PLLC • Donald A. Workman BakerHostetler • SAK Management Services, LLC Suzanne Koenig
LEVELS OF SUPPORT Legacy Level Millennium Level 30th Anniversary Circle Century Council Member Visionary Member
$50,000 + $30,000 - $49,999 $25,000 - $29,999 $20,000 - $24,999
Legacy Member Lifetime Member*
$15,000 - $19,999 $10,000 - $14,999
Benefactor Sustaining Member
$5,000 - $9,999 $2,000 - $4,999
Leadership Club
$1,000 - $1,999
Donor
$100 - $999
* Lifetime members and above receive a complimentary annual membership upon completed payment of the pledge.
New Sustaining Members Contributions of $2,000 - $4,999 • Michael A. Fagone Bernstein Shur • Marion A. Hecht CliftonLarsonAllen LLP • Teresa C. Kohl SSG Capital Advisors, LLC • Justin Little Reynolds, Reynolds & Little, LLC • David R. McFarlin Wolff, Hill, McFarlin & Herron, PA • Irving H. Picard BakerHostetler • J. Ellsworth Summers, Jr. Rogers Towers, PA
New Leadership Club Members ($1,000-$1,999) • Kenneth Corey Edstrom Larkin Hoffman Daly & Lingren Ltd. • Charles M. Forman Forman Holt Eliades & Youngman LLC • Francine Gordon KCC • Beth E. Hansen Goodrich Corporation • Joe A. Joseph Burr & Forman, LLP • Jeffrey W. Kelley Troutman Sanders LLP • William N. Lobel Lobel, Neue & Till, LLP • Robin E. Phelen Haynes and Boone, LLP
• Hon. David E. Rice US Bankruptcy Court • Ralph S. Tuliano Mesirow Financial Consulting, LLC • Rory D. Whelehan Womble Carlyle Sandridge & Rice, LLP • W. Lance Wickel Epiq Systems, Inc. • Melissa A. Youngman McCalla Raymer, LLC
In 2013 ABI’s The Anthony H.N. Schnelling Endowment Fund sponsored the Final Report of the ABI National Ethics Task Force. The Final report was issued in April 2013.
committees.abi.org
2013•14 COMMITTEE LEADERSHIP ABI has 17 active committees that focus on specific issues important to all areas of bankruptcy. Committee members plan educational programs for ABI’s two national conferences, author committee e-newsletters on relevant topics and share ideas and information on the popular ABI-hosted listserves. See the committee website for more information. To join any committees, simply send your request to committees@abiworld.org.
Asset Sales Co-Chairs Kathryn Coleman
Hughes Hubbard & Reed LLP • New York kcoleman@hugheshubbard.com
John B. Hutton
Greenberg Traurig, LLP • Miami huttonj@gtlaw.com
Bankruptcy Litigation Co-Chairs Eric Madden Reid Collins & Tsai LLP • Dallas emadden@rctlegal.com
Kenneth Pasquale
Stroock & Stroock & Lavan LLP • New York kpasquale@stroock.com
Bankruptcy Taxation Co-Chairs Sanjay Bhatnagar
Cole, Schotz, Meisel, Forman & Leonard, PA • Wilmington, Del. sbhatnagar@coleschotz.com
George Klidonas
BakerHostetler • New York gklidonas@bakerlaw.com
Business Reorganization Co-Chairs Steven Krause
Owl Creek Asset Management, L.P. • New York stevek@owlcreeklp.com
Bradford J. Sandler
Pachulski Stang Ziehl & Jones LLP • Wilmington, Del. bsandler@pszjlaw.com
Commercial Fraud Co-Chairs Hon. Bruce A. Harwood
U.S. Bankruptcy Court, (D. N.H.) • Manchester bruce_harwood@nhb.uscourts.gov
Richard S. Lauter
Health Care Co-Chairs Daniel A. DeMarco
Hahn Loeser & Parks LLP • Cleveland dademarco@hahnlaw.com
Clifford A. Zucker
Real Estate Co-Chairs James C. Carignan
Pepper Hamilton LLP • Wilmington, Del. carignanj@pepperlaw.com
Ilan Markus
Freeborn & Peters LLP • Chicago, IL rlauter@freebornpeters.com
CohnReznick LLP • Edison, NJ clifford.zucker@cohnreznick.com
LeClairRyan, PC • New Haven, CT ilan.markus@leclairryan.com
Consumer Bankruptcy Co-Chairs Richard H. Thomson
International Co-Chairs Mark W. Deveno
Secured Credit Co-Chairs Thomas M. Horan
Clark & Washington, LLCC • Atlanta rthomson@cw13.com
Nina M. Parker
Bingham McCutchen LLP • New York, NY mark.deveno@bingham.com
Lorenzo Mendizabal
Parker & Associates • Winchester, MA ninap@ninaparker.com
Epiq Systems, Inc. • New York lmendizabal@epiqsystems.com
Ethics and Professional Compensation Co-Chairs Kelly Beaudin Stapleton
Labor and Employment Co-Chairs Sam J. Alberts
Alvarez & Marsal • Philadelphia, PA kstapleton@alvarezandmarsal.com
Andrew R. Vara
Dentons • Washington, D.C. sam.alberts@dentons.com
Pension Benefit Guaranty Corporation • Washington, D.C. ruderman.joel@pbgc.gov
Financial Advisors and Investment Banking Co-Chairs Franklind Davis Lea
Legislation Co-Chairs Alexandra Steinberg Barrage
Christopher A. Ward
Polsinelli • Wilmington, Del. cward@polsinelli.com
Morrison & Foerster LLP • Washington, D.C. abarrage@mofo.com
Neil C. Gordon
Shaw Gussis Fishman Glantz Wolfson & Towbin LLC • Chicago mradtke@shawgussis.com
Shane G. Ramsey
Kilpatrick Townsend & Stockton LLP • Atlanta SRamsey@KilpatrickTownsend.com
Womble Carlyle Sandridge & Rice, LLP • Wilmington, Del. thoran@wcsr.com
Mark X. Mullin
Haynes and Boone, LLP • Dallas, TX mark.mullin@haynesboone.com
Technology and Intellectual Property Co-Chairs Jason S. Brookner Looper Reed & McGraw, PC • Dallas jbrookner@lrmlaw.com
John G. Loughnane
Joel Ruderman
Office of the U.S. Trustee • Cleveland andy.vara@usdoj.gov
Tactical Financial Consulting, LLC • Atlanta franklindlea@tacticalfinancialconsulting.com
Young and New Co-Chairs Mark L. Radtke
Nutter, McClennen & Fish, LLP • Boston jloughnane@nutter.com
Unsecured Trade Creditors Co-Chairs Lisa Gretchko
Howard & Howard Attorneys PLLC • Royal Oak, MIich. lgretchko@howardandhoward.com
Sharon L. Levine
Arnall Golden Gregory LLP • Atlanta neil.gordon@agg.com
Lowenstein Sandler PC • Roseland, N.J. slevine@lowenstein.com
ABI STAFF Executive Samuel J. Gerdano, Executive Director
Interactive Media & Technology
Amy A. Quackenboss, Deputy Executive Director and General Counsel
Karim Guirguis, Chief Information Officer
Accounting & Administration
Jeff Tabor, Web Product Manager
Kathy Sheehan, Chief Financial Officer Mary T. Kleppinger, Director of Administration Patty Sadusky, Accounting Manager Alexandra Walker, Senior Staff Accountant Chloe Somers, Staff Accountant Stephanie Metzger, Accounting Assistant
Matthew Lukban, Media Technology Specialist Sirish Ayyagari, Drupal Architect Terry Wallace, Web Specialist
Membership Christopher S. Thackston, Director of Membership Martha Cannon, Membership Program Manager Kimberly A. Hay, Membership Retention Manager
Leah Weston, Staff Assistant
Conferences & Meetings
Communications
Jennifer Dugas, Conference Director
James H. Carman, Director of Communications Carolyn M. Derder, Senior Editor Elizabeth Stoltz, Managing Editor John Hartgen, Public Affairs Manager Patrick J.F. McGrath, Senior Graphic Designer Kayla Vanderlyn, Publications Specialist
CARE John Good, CARE Administrator
Elizabeth Carden, Meeting Planner Allyson Donohue, Meetings Assistant Jennifer Guirguis, Meeting Planner Jannine Henderson, Continuing Education Manager Tara Kennedy, Meeting Planner Sharisa Sloan, Event Marketing Specialist
Marketing Anne-Marie Corkran, Director of Marketing
Staff Pictured at ABI’s Headquarters Overlooking the Potomac River Near Reagan National Airport.
2013
AMERICAN BANKRUPTCY INSTITUTE STATEMENT OF FINANCIAL POSITION
September 28, 2013 Dear ABI Members:
ASSETS
The American Bankruptcy Institute experienced an increase in its net assets during 2012 of approximately $300,000. Net assets rose from around $8.8 to over $9.1 million. Continuing in
December 31, 2012
December 31, 2011
$165,448
$726,998
11,606,440
10,854,884
Cash and cash equivalents
its tradition of being a well-run and efficient organization, the investments held by ABI totaled over
Investments
$11.6 million as of December 2012 — an increase of around $700,000 over 2011.
Accounts receivable, net
134,039
232,520
Prepaid and other assets
446,792
286,573
Pledges receivable, net
115,472
129,605
Property and Equipment, net
152,089
198,174
75,800
54,938
$12,696,080
$12,483,692
$912,383
$823,106
2,681,797
2,824,869
3,594,180
3,647,975
5,314,177
5,202,584
3,314,309
3,074,836
8,628,486
8,277,420
473,414
558,297
9,101,900
8,835,717
$12,696,080
$12,483,692
In the annual audit of ABI by CliftonLarsonAllen LLP, 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. Additionally, the auditors commented that the
Deposits and other
financial position of the ABI was very healthy and its assets were very liquid, primarily being
TOTAL ASSETS
cash and cash equivalents. Even the auditors noted the efficiency and cost-effectiveness of the ABI as measured by certain relevant operational and financial metrics in the realm of Nonprofit Organizations. As part of its prudent management and stewardship of investment dollars and other operating sums, the ABI maintains three funds, General Operating Funds, General Reserve Funds and the ABI Endowment Fund, and establishes and adheres to prudent guidelines for the reserve levels of the two General Funds. These guidelines are based upon industry standards and recommendations from outside financial advisors. 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. The Audit Subcommittee has selected CliftonLarsonAllen LLP as auditors as of and for the year ended December 31, 2013. In the three years that the accounting firm has served as the auditors for ABI, the organizations have worked together as collaboratively as possible. In selecting CliftonLarsonAllen as auditors for a fourth consecutive year, ABI has every reason to expect
LIABILITIES AND NET ASSETS LIABILITIES: Accounts payable and accrued expenses Deferred revenue Total Liabilities NET ASSETS: Unrestricted Undesignated Board designated endowment *Temporarily restricted Total net assets
TOTAL LIABILITIES AND NET ASSETS
the very positive circumstances and conditions to continue for the audit of the 2013 financials.
*Includes $307,822 (2012) and $366,855 (2011) in funds designated for the CARE Program.
Respectfully submitted,
John Tittle, Jr. Treasurer
Conferences and Meetings 52% Membership Dues 29% Publications, Website and Other 14% Contributions 3% Investments 2%
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More than $1.8 million in grants and scholarships has been awarded The ABI Anthony H.N. Schnelling Endowment Fund was created in 1989 to provide resources for research and education to the bankruptcy community. Your gift or pledge allows ABI to meet new requests for funding, which may include studies relating to
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2013•2014
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American Bankruptcy Institute Meeting & Event Schedule
2013
2014 January
May
September (continued)
NCBJ/ABI Educational Program Atlanta Marriott Marquis November 1 • Atlanta
Western Consumer Bankruptcy Conference Golden Nugget Hotel & Casino January 20 • Las Vegas
New York City Bankruptcy Conference New York Hilton May 15 • New York
ABI/NYU Lawrence P. King and Charles Seligson Workshop on Bankruptcy & Business Reorganization New York University School of Law TBA • New York
Complex Financial Restructuring Program University of Pennsylvania, The Wharton School November 7 • Philadelphia
Rocky Mountain Bankruptcy Conference Four Seasons Hotel Denver January 23-24 • Denver
Litigation Skills Symposium TBA TBA
Corporate Restructuring Competition University of Pennsylvania, The Wharton School November 7-8 • Philadelphia
February
June
Caribbean Insolvency Symposium El San Juan Resort & Casino February 6-8 • San Juan, Puerto Rico
Memphis Consumer Bankruptcy Conference University of Memphis School of Law June 6 • Memphis, Tenn.
VALCON 2014 Four Seasons Las Vegas February 26-28 • Las Vegas
Central States Bankruptcy Workshop Grand Geneva Resort & Spa June 12-15 • Lake Geneva, Wis.
March
July
Duberstein Bankruptcy Moot Court Competition Duberstein U.S. Courthouse March 1-3 • New York
Northeast Bankruptcy Conference Stowe Mountain Lodge July 17-20 • Stowe, Vt.
Chicago Consumer Bankruptcy Conference University of Chicago Gleacher Center October 13 • Chicago
Southeast Bankruptcy Workshop The Ritz-Carlton, Amelia Island July 24-27 • Amelia Island, Fla.
International Insolvency & Restructuring Symposium The Savoy October 31 • London
Mid-Atlantic Bankruptcy Workshop Hyatt Regency Chesapeake Bay July 31-August 2 • Cambridge, Md.
November
August
Complex Financial Restructuring Program TBA TBA
November
Advanced Consumer Bankruptcy Practice Institute Homer J. Thornberry Federal Judicial Building November 10-12 • Austin, Texas Detroit Consumer Bankruptcy Conference MGM Grand November 11 • Detroit Delaware Views from the Bench Hotel du Pont November 25 • Wilmington, Del.
December Winter Leadership Conference Terranea Resort December 5-7 • Rancho Palos Verdes, Calif. ABI/SJUSL 40-Hour Mediation Training Symposium St. John’s University School of Law December 8-12 • New York
Bankruptcy Battleground West Hyatt Regency Century Plaza March 11• Los Angeles Nuts & Bolts for Young and New Practitioners - Florida Tampa Marriott Waterside Resort & Marina March 13 • Tampa, Fla. ABI/SUCL Alexander L. Paskay Seminar on Bankruptcy Law and Practice Tampa Marriott Waterside Resort & Marina March 13-15 • Tampa, Fla. Byrne Judicial Clerkship Institute Pepperdine University School of Law March 13-14 • Malibu, Calif.
Hawai’i Bankruptcy Workshop Grand Wailea, A Waldorf Astoria Resort August 13-16 • Maui, Hawaii
September
April
Southwest Bankruptcy Conference Four Seasons Las Vegas September 4-6 • Las Vegas
Annual Spring Meeting JW Marriott April 24-27 • Washington, D.C.
ABI/NYIC Golf and Tennis Fundraiser TBA TBA
ABI/GULC “Views from the Bench” Georgetown University Law Center TBA • Washington, D.C.
October ABI/UMKC Midwestern Bankruptcy Institute and Consumer Forum TBA TBA • Kansas City, Mo. NCBJ/ABI Educational Program JW Marriott Chicago October 10 • Chicago
Corporate Restructuring Competition TBA TBA Detroit Consumer Bankruptcy Conference TBA November 11 • Detroit
December Winter Leadership Conference La Quinta Resort & Spa December 4-6 • La Quinta, Calif. ABI/SJUSL 40-Hour Mediation Training Symposium St. John’s University School of Law TBA • New York
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