2014 ABI Annual Report

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2O14 • 2O15 CALENDAR

annual report 2O14 ANNUAL REPORT & 2O14 • 2O15 CALENDAR the essential resource for today’s busy insolvency professional

66 Canal Center Plaza • Suite 600 • Alexandria, VA 22314


FIRST AND FOREMOST YOUR ABI Brian L. Shaw President

James T. Markus Board Chairman

James P. Shea President-Elect

Samuel J. Gerdano Executive Director

HIGHLIGHTS

FOUNDED IN 1982 in response to the enactment of the Bankruptcy Reform Act, the American

Bankruptcy Institute has its birthright in public policy. In 2014, ABI completed its most ambitious policy initiative ever with the December release of the Final Report of the Commission to Study the Reform of Chapter 11. The 20 members of the Commission and the more than 130 Advisory Committee members are among the most prominent insolvency professionals in history. Their Final Report is the product of a nearly three-year study. The recommendations presented to Congress and the public are designed to carefully balance the interests of all stakeholders while maximizing enterprise value and job preservation.

ABI’s member committees were more active than ever in 2014, producing content-rich insights via electronic newsletters, webinars and topical conference calls. Committees continue to be an accessible

abi.org

vehicle to get involved in ABI, allowing you to emerge as a future leader. ABI’s service to professionals is demonstrated anew with the launch this year of a new distance learning CLE vehicle to bring our renowned educational programs to law firms on a more cost-effective basis than ever before. We look forward to continuing to engage with and serve our nearly 13,000 members throughout 2015.

2O14 ANNUAL REPORT AND 2014 • 15 CALENDAR

table of contents

November 2O14 Think ABI First testdrive.abi.org

April 2O15 elearning.abi.org cle.abi.org

December 2O14 search.abi.org volo.abi.org

May 2O15 news.abi.org connect.abi.org

January 2015 abi.org

June 2015 opinions.abi.org 363.abi.org

February 2015 commission.abi.org March 2O15 journal.abi.org lawreview.abi.org

July 2015 global.abi.org 2014 Events events.abi.org

August 2O15 care4yourfuture.org

Board of Directors & ABI Staff

September 2O15 committees.abi.org

2O13 ABI Statement of Financial Position 2O14 ABI Partners

October 2O15 bookstore.abi.org November 2015 abcworld.org December 2015 law.abi.org bankruptcy resources.abi.org

2014•15 Media Kit & Endowment Pledge mediakit.abi.org “DISCOVER ABI” 2O14•15 Event Schedule

Endowment Fund endowment.abi.org

abi.org


NOVEMBER 2014

Think ABI First ABI’s ongoing mission is to be the leading resource for building long-term business relationships, analyzing legal content and fulfilling CLE requirements in service to its members. In 2014, ABI launched its “Think ABI First” campaign to build member awareness of all of the benefits that come with ABI membership — publishing and networking opportunities, comprehensive research tools, high-quality insolvency education — and to inform members that they have access to these benefits for one low annual fee. Think ABI First reminds ABI members that they need look no further than the largest insolvency organization for all of their professional needs.

testdrive.abi.org Test Drive Program ABI’s Test Drive program gives prospective members full access to all of ABI’s online tools and resources free for 30 days. ABI plans to continue and expand upon the Test Drive program into 2015.

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ABI’s Membership is comprised of 67% attorneys; the remaining 33% are comprised of: Appraiser/Liquidator/Auctioneer 15% Credit Counseling & Collections 5% Financial Services/Advisory 20% Investment Banker 10% Judge & Judicial Administrative 15% Trustee 10% Turnaround Professional 25%

Daylight Saving Time Ends

Election Day

Complex Financial Restructuring Program November 6 • Philadelphia

“DISCOVER ABI” Webinar

Corporate Restructuring Competition November 6 -7• Philadelphia

Detroit Consumer Bankruptcy Conference November 11 • Detroit

Chicago Consumer Bankruptcy Conference November 11 • Chicago Veterans Day

Mid-Level Professional Development Program November 12 • Chicago

December Journal online

Thanksgiving


DECEMBER 2014

search.abi.org PUBLICATIONS

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Nearly 700 members attended the 2013 Winter Leadership Conference at Rancho Palos Verdes, Calif. and more than 1,000 attended the 2014 Annual Spring Meeting on its return to downtown Washington, D.C. Overall, more than 7,000 professionals attended ABI educational programs during 2013.

December Journal mails

Winter Leadership Conference •December 4-6• La Quinta, Calif. 40-Hour Mediation Training Program December 7-11 • New York

CLE CONFERENCE MATERIALS

VOLO CASE SUMMARIES ABI JOURNAL

July 2014 • Vol. XXXIII, No. 7

The Essential Resource for Today’s Busy Insolvency Professional

Special Section

Getting Paid After Lehman pages 14, 16 and 18 August 2014 • Vol. XXXIII, No. 8

By Donald A. Workman, Dena S. Kessler, George Klidonas, Clifford J. White, III, John Sheahan and Jeffrey Chubak

The Essential Resource for Today’s Busy Insolvency Professional

Constitutional and Statutory Limits After Executive Benefits page 14

June 2014 • Vol. XXXIII, No. 6

September 2014 • Vol. XXXIII, No. 9

By Danielle Spinelli and Craig Goldblatt

Seventh Circuit Gives More Shelter to Investors under § 546(e) page 14

On the Inside

On the Inside Is the Unfinished-Business Secured Lender’s Credit-Bid Capped in Free Lance-Star Rule Finished?

The Rise of Plan Mediation: Benefits page 12 and Pitfalls page 28 By Damian S. Schaible and Eli J. Vonnegut By Paul R.

The Essential Resource for Today’s Busy Insolvency Professional

The Essential Resource for Today’s Busy Insolvency Professional

page 30

By Tyler P. Brown, Jason W. Harbour and Justin F. Paget

Hage and Patrick R. Mohan

By Brian L. Shaw and David R. Doyle

Lessons from Fas Mart: Examiner Must Have Industry Expertise page 44

On the Inside Mortgages Should Be Removed from Repo Agreement Safe Harbors page 10 By Hon. Christopher S. Sontchi

Eleventh Circuit: “Chapter 20” Debtors Can Strip Off Liens page 54 By Arthur J. Spector, Ilyse M. Homer and Paul A. Avron

On the Inside Reimbursement of Fees and Expenses in Chapter 15 Cases page 26 By Adam G. Landis and Jeffrey R. Drobish

Are Low Interest Rates Distorting Your Valuation Model? page 30 By Ellen Larson and John Yozzo

Of Bunnies and Moneys: Fixing Trustee Payment under § 326(a) page 44 By Jordan A. Kroop and Bradley A. Cosman A Fish Out of Water: Streamlining Plan Confirmation for Individual Chapter 11 page 52

By Mark E. Hall and Tara J. Schellhorn Strengthening Pre-Insolvency Tools: A U-Turn in Spain’s Restructuring Legislation page 36 By Adam Gallagher, Jesús López Bragado and Jorge Puyol

Winter Leadership Conference Schedule of Events page 44

BANKRUPTCY CODE

One Search and You’re Done! Search.abi.org is, quite simply, the most powerful and cost-effective benefit of ABI membership. It enables members to search any keyword, term or Bankruptcy Code section and have instant results across the entire spectrum of ABI information platforms. More than 3 million keywords search more than 100,000 documents to provide members with unparalleled bankruptcy information. Members have immediate access to every issue of the ABI Journal since 1997; every ABI Law Review since 1995; every ABI book; and a panoply of CLE conference materials, Volo case summaries and other exclusive ABI content.

volo.abi.org Volo One of the most widely used ABI products is its exclusive Volo site, volo.abi.org. Relying on a dedicated cadre of experienced bankruptcy practitioners, Volo provides full case summaries within 24 hours of every bankruptcy decision. As an ABI member, you can customize Volo so that it provides only cases from a particular circuit, or sends you alerts whenever there are updates or cases related to an existing decision. And with all of the cases available through ABI’s powerful search engine, members always have the best and latest information accessible through all digital devices. In 2014, Volo had 30,000 unique visitors. In addition, the number of Volo summaries reached almost 1,600 — and the numbers continue to climb.

I

“DISCOVER ABI” Webinar

By Roy M. Terry, Jr. and Elizabeth L. Gunn

Stepping Past Standing: The Role of Excess Insurers in Environmental Cases page 36 By Brittany N. Mills and C.R. “Chip” Bowles, Jr.

60,000 Sessions

40-Hour Mediation Training Program December 7-11 • New York

120,000 Page Views I 30,000 Unique Visitors

Hanukkah Begins at Sundown

First Day of Winter

Christmas

January Journal online

New Year’s Eve New Year’s Day


abi.org

Working design of ABI’s new home page, to be unveiled in 2015

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ABI’s website is the organization’s primary communication vehicle to members and the public — a unique interactive experience rich in daily content. The site receives more than 1 million views and 33,000 unique visits each month.

New Year’s Day January Journal mails

“DISCOVER ABI” Webinar

New Orleans Consumer Bankruptcy Conference January 19 • New Orleans

Rocky Mountain Bankruptcy Conference January 22-23 • Denver

February Journal mails February Journal online

Martin Luther King Jr. Day


commission.abi.org FEBRUARY 2015 SUNDAY

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The ABI Commission to Study the Reform of Chapter 11 wrapped up its hearings in 2014, with a final report on its recommendations delivered to Congress in December 2014.

Groundhog Day

Caribbean Insolvency Symposium February 5-7 • Grand Cayman, Cayman Islands

“DISCOVER ABI” Webinar

Valentine’s Day

Presidents’ Day

VALCON 2015 February 25-27 • Las Vegas March Journal mails March Journal online

The 20-member Commission heard testimony throughout 2013 and 2014 on proposed reforms to chapter 11, and related statutory provisions, in order to make the case that chapter 11 needs to be reformed to better balance the goals of effectuating the effective reorganization of business debtors and preserving asset values for all creditors and stakeholders. ABI created this infographic and a video in September 2014 to help deliver the Commission’s message to members of Congress.


MARCH 2015

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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In 2014, the ABI Journal officially became a monthly publication. ABI members now have 12 opportunities each year to become published in the most prestigious periodical of the insolvency profession.

the entire range of insolvency issues, featuring timely articles written by some of the most knowledgeable professionals in the field. The Journal can be downloaded for both Kindle and Nook, and features an iTunes app for iPad and iPhone. With an Android version of the app planned to join this variety of formats, the ABI Journal will reach members in more ways than ever before.

It just got easy to be green.

ABI has an iPad app!

Download the app to your iPad at Journal.ABI.org and all future issues of the award-winning ABI Journal will be sent automatically to your device. Now you can enjoy the most incisive writing on bankruptcy matters anywhere you go!

The ABI Journal app is made available thanks to Kurtzman Carson Consultants LLC.

Advertising in the ABI Journal is one of the best ways to showcase your product or service. The Journal reaches nearly 13,000 members 12 times a year and has a pass-along rate of 55 percent – making it one of the most effective marketing vehicles in the insolvency industry. The online and epub versions of the Journal expand that reach even further and provide such options as embedded video. Visit mediakit.abi.org to get started.

lawreview.abi.org The American Bankruptcy Institute Law Review is the nation’s largest-circulation bankruptcy law journal, with more than 5,500 subscribers. Top students at St. John’s University School of Law compile and edit it twice a year, and each issue is published by West, a Thomson Reuters business. An advisory board of bankruptcy judges, scholars and practitioners helps plan theme issues. Profs. G. Ray Warner and Keith Sharfman of St. John’s University School of Law serve as the board chairs and faculty advisors.

The Winter 2014 issue featured a series of articles from a symposium on hedge funds in bankruptcy.

The Summer 2014 issue featured a roundtable discussion on the Supreme Court’s decision in Executive Benefits Insurance Agency v. Arkison.

ABI Law Review Advisory Board Chairs Prof. Keith Sharfman (Co-advisor) St. John’s University School of Law

Prof. G. Ray Warner (Co-advisor) St. John’s University School of Law

ABI Law Review Advisory Board

Prof. Stephen J. Lubben

Prof. Marie T. Reilly

Prof. Lois R. Lupica

Prof. Mark S. Scarberry

Mark N. Berman

University of Maine School of Law

William L. Medford

Hon. Brendan Linehan Shannon

Hon. Paulette J. Delk

Quilling, Selander, Lownds, et al.

Prof. Juliet M. Moringiello

Widener University School of Law

Paul D. Sinclair

Hon. Craig A. Gargotta

Hon. Cecelia G. Morris

U.S. Bankruptcy Court (S.D.N.Y.)

Prof. Michael D. Sousa

Kristin K. Going

Prof. Edward R. Morrison Columbia Law School

Francisco Vazquez

Prof. John P. Hennigan

Prof. Grant W. Newton

Pepperdine University School of Law

Victor A. Vilaplana

J. Eric Ivester

Dillon E. Jackson

Emergency Manager, City of Detroit

Prof. Edward Janger

Univ. of California-Irvine School of Law

Hon. Christopher M. Klein

University of Michigan Law School

Prof. Adam J. Levitin

Stetson University College 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.) Harvard Law School

Seton Hall Law School

Kevyn D. Orr

Prof. Katherine M. Porter Prof. John A. E. Pottow

Prof. Theresa J. Pulley Radwan Dean Robert K. Rasmussen

Univ. of Southern California Gould School of Law

ABI/Stetson Alexander L. Paskay Memorial Bankruptcy Seminar March 5-7 • Tampa, Fla.

“DISCOVER ABI” Webinar

Duberstein Bankruptcy Moot Court Competition March 7-9 • New York

Daylight Saving Time Begins

Byrne Judicial Clerkship Institute March 12-13 • Malibu, Calif.

St. Patrick’s Day

First Day of Spring

Bankruptcy Battleground West March 24 • Los Angeles

Palm Sunday

April Journal online

Penn State Univ. Dickinson School of Law Pepperdine University School of Law U.S. Bankruptcy Court (D. Del.) Polsinelli

University of Denver College of Law Chadbourne & Parke LLP Foley & Lardner LLP

Robert M. Zinman Tarrytown, New York (Chairman-Emeritus)

Prof. Michelle M. Harner (University of Maryland School of Law; Baltimore) (r), along with Jamie Marincic Griffin (University of Michigan; Ann Arbor, Mich.) and Jennifer IveyCrickenberger (University of Maryland School of Law) (not pictured), were presented with the Wes Steen Prize by Prof. G. Ray Warner (St. John’s University School of Law; Jamaica, N.Y.) for their article “Activist Investors, Distressed Companies and Value Uncertainty,” which was featured in the Winter 2014 issue of the ABI Law Review. The annual prize, named after former ABI President Wesley W. Steen (S.D. Tex.), is awarded for the best article as determined by the ABI Law Review Advisory Board.


elearning.abi.org Cutting-Edge Insolvency Courses On Demand ABI’s elearning site has provided many ABI members with quality on-demand CLE, carefully selected from the best programming from ABI’s conferences throughout the year. The site contains more topics than ever before, including ethics sessions, as well as ABI’s most popular online course, Bankruptcy Nuts & Bolts. More states are recognizing the value of on-demand CLE as well; in 2014, the list of pre-approved states grew to 15.

cle.abi.org On-Demand Insolvency CLE Firm Focus ABI’s All-Access On-Demand Insolvency CLE subscription provides only the most timely and relevant ABI educational sessions from a variety of conferences and elearning, providing firms with an ever-changing, dependable source of current, affordable insolvency CLE when and where it is needed. Check back frequently; new sessions are added all the time!

Quality ABI is the nation’s largest provider of bankruptcy CLE, and when it comes to insolvency education programming, ABI is at the head of the class. ABI conference sessions provide bankruptcy

APRIL 2015

More than 1,000 people attended elearning sessions in 2014, and with ABI’s new On-Demand Insolvency CLE program for law firms, attorneys can now access more online CLE than ever before.

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April Journal mails

“DISCOVER ABI” Webinar

Passover Begins at Sundown

Good Friday

Easter

Annual Spring Meeting • April 16-19 • Washington, D.C.

May Journal online

professionals with a wide array of high-quality, relevant instruction year after year, and ABI conference faculty are second to none when it comes to experience and insights.

ABI ONLINE CLE AME R I C AN B AN K RU P TCY I N S T I T U T E

DISTANCE LEARNING

ON-DEMAND INSOLVENCY CLE ALL ACCESS FOR LAW FIRMS

YOUR FIRM’S ON-DEMAND ALL-ACCESS PASS TO THE BEST OF ABI’S CONFERENCE SESSIONS In 2014, ABI launched a program enabling law firms to purchase bulk elearning sessions for their attorneys. Law firms can take advantage of special pricing by contacting Sharisa Sloan at ssloan@abiworld.org.


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. As of September 2014, the site contains more than 50 videos, more than 150 podcasts, and hundreds of court decisions and opinions.

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 2014: • LinkedIn: 5,244 • Twitter: 2,610 • Facebook: 1,577

MAY 2015

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.org

May Journal mails

Credit and Bankruptcy Symposium May 7-8 • Uncasville, Conn.

“DISCOVER ABI” Webinar

Mother’s Day

New York City Bankruptcy Conference May 14 • New York

Litigation Skills Symposium May 19-22 • Chicago

Shavuot Begins at Sundown

Memorial Day

June Journal online


JUNE 2015

Opinions Like Volo, the Opinions site — opinions.abi.org — is a rich database that provides summaries of bankruptcy-related opinions issued by U.S. bankruptcy courts, district courts and circuit courts of appeals since 2005. The site now contains more than 11,000 opinion summaries searchable by keyword, relevant Code section, court and judge. The opinion summaries are provided by our partner, LexisNexis, 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. Data is organized by circuit and searchable by date, price or key terms, and users can receive court notifications of new asset sales via email or RSS feed.

Since November 2013, the Opinions site has received more than 17,000 unique visitors, making it one of the most popular sections of the ABI website.

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Central States Bankruptcy Workshop June 11-14 • Traverse City, Mich.

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Cross-Border Insolvency Program June 18 • New York

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June Journal mails

“DISCOVER ABI” Webinar

First Day of Summer

July Journal online

Memphis Consumer Bankruptcy Conference June TBA • Memphis, Tenn.

Father’s Day


globalinsolvency.abi.org

A Joint Project of ABI and INSOL International 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 for insolvency practitioners, judges, accountants, trustees and others. ABI is also a partner with the World Bank’s Global Forum on Law, Justice and Development. The Global Insolvency website was redesigned in 2014 to provide visitors with a more user-friendly format.

2015 INTERNATIONAL PROGRAMS

Grand Cayman February 5~7, 2015

Beijing July 6~7, 2015

Madrid October 23, 2015

JULY 2015

INSOL International serves as the umbrella association of organizations involved in international insolvency and restructuring law.

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globalinsolvency.com

July Journal mails

Independence Day

China International Insolvency Symposium July 6-7• Beijing, China

Northeast Bankruptcy Conference July 9-12 • North Falmouth, Mass.

Southeast Bankruptcy Workshop July 23-26 • Amelia Island, Fla.

August Journal mails

August Journal online

daily news headlines on insolvency developments around the globe

GLOBAL INSOLvency — a joint project of the American Bankruptcy Institute and INSOL International

“DISCOVER ABI” Webinar


events.abi.org

More than 7,000 members attended ABI conferences in 2014. ABI is the largest CLE provider in the bankruptcy space, with multiple opportunities for education and business development.

Some of the 2014 Hawai’i Bankruptcy Workshop presenters including Hon. Loyd King (center) and, to his left , former ABI presidents James T. Markus and Patricia A Redmond. One of the most anticipated highlights of the 2014 Annual Spring Meeting was the Friday luncheon, which featured a keynote delivered by Kevyn Orr, emergency manager for the City of Detroit. The 2014 Winter Leadership Conference is right around the corner, and we look forward to seeing you all at the beautiful La Quinta Resort and Club on December 4th in La Quinta, California!

Attendees mingled in the three-story foyer at the JW Marriott in downtown Washington, D.C. during the 2014 Annual Spring Meeting. A distinguished group of bankruptcy judges appears to be rendering a favorable ruling on their experience at the 2014 Southwest Bankruptcy Conference. Attendeees enjoy a BBQ lunch at the 2014 Mid-Atlantic Bankruptcy Workshop.

Good times for a good cause: The August 2014 outing to the Orioles Park at Camden Yards was a chance to see retiring Yankee shortstop Derek Jeter and raise money for the Anthony H.N. Schnelling Endowment Fund. Outgoing ABI President Trish Redmond (Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami) (l) passed the gavel to her successor, Brian L. Shaw (Shaw Fishman Glantz & Towbin LLC; Chicago), during ABI’s Annual Spring Meeting in Washington, D.C., in April 2014.

Palm trees and Pacific breezes greeted Hawai’i Bankruptcy Workshop attendees.

Members flipped through copies of ABI’s latest publications at the ABI Bookstore during breaks at the 2013 Winter Leadership Conference. Titles are available for purchase at bookstore.abi.org.

“The Ethics of Using Social Networking Sites” was presented at the 2013 Winter Leadership Conference.

ABI’s International Insolvency & Restructuring Symposium returned to London in 2014.

Hon. Barbara Houser discusses the Bellingham case during a June 2014 ABI Workshop streamed live from the Alexandria ABI headquarters.

Throughout 2014 ABI held several well-attended workshops at its conference facility located at ABI headquarters, with many more scheduled for 2015.

Ted Gavin (Gavin/Solmonese LLC ; Wilmington, Del.) (above) introduced the Final Night Dinner entertainment at the 2013 Winter Leadership Conference, former “Tonight Show” host Jay Leno.

June 2014’s Cross-Border Insolvency Program featured commentary on the Argentine debt crisis.

The rocky cliffs of the Terranea Resort in Rancho Palos Verdes, Calif., and breathtaking views of the Pacific served as the backdrop for the 2013 Winter Leadership Conference.


care4yourfuture.org

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Founded in 2002, the CARE financial literacy program has grown to 203 volunteer presenters and more than 2,000 classroom educators as of September 2014.

Mid-Atlantic Bankruptcy Workshop August 6-8 • Hershey, Pa.

“DISCOVER ABI” Webinar

September Journal mails

September Journal online

Credit Abuse Resistance Education CARE spent a lot of time on the road in 2014 thanks to a grant from the NCBJ Endowment for Education, which enabled CARE to promote the program at several 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. CARE also participated in Financial Literacy Day on Capitol Hill and recruited several volunteers at insolvency conferences around the country, including the National Conference of Bankruptcy Judges, the National Association of Bankruptcy Trustees and the National Conference of Bankruptcy Clerks, and at ABI events.

Eight workshop sessions educated and inspired attendees at CARE’s first Financial Literacy Conference , held in September 2014.

Knowledge Advocate Kevin Leahy explains the inner workings of the human brain during the “Neuroscience of Debtors” luncheon session at the CARE conference.

I​ ndie band GOODING rocked​the Singley Academy Auditorium during CARE’s conference (http://fundingthefuturelive.org/).

CARE Founder Judge John C. Ninfo II speaks to 400 high school students at the Irving ISD Jack E. Singley Academy about financial literacy.

Conference Chair Frank Broyles (c) shares his enthusiasm with CARE Director John Good (l) and CARE Founder Hon. John C. Ninfo II.


committees.abi.org Connect • Learn • Grow ABI has 18 active committees, each focused on a specific area of insolvency. Committees are active year-round and foster collaboration with other bankruptcy practitioners from around the country. Committee participation is one of the most effective ways to build and establish relationships with other members and a valuable way to demonstrate your leadership within the bankruptcy community. In 2014, ABI’s committees expanded with the addition of the Mediation Committee. ABI committees held 9 teleconferences and produced 70 newsletters throughout the year. In addition, ABI’s Survival Guide for the New Lawyer: What They Didn’t Teach You in Law School, published in August 2014, was produced by members of ABI’s Young & New Members Committee.

2014 • 2015 Committee Leadership Asset Sales John B. Hutton, III

Greenberg Traurig, LLP • Miami huttonj@gtlaw.com

Franklind D. Lea

International Lorenzo Mendizabal

Epiq Systems, Inc. • New York lmendizabal@epiqsystems.com

Christopher R. Mirick

Tactical Financial Consulting, LLC • Atlanta franklindlea@tacticalfinancialconsulting.com

Pillsbury Winthrop Shaw Pittman LLP • New York christopher.mirick@pillsburylaw.com

Bankruptcy Litigation B. Summer Chandler

Labor and Employment Mark A. Bogdanowicz

McCalla Raymer, LLC • Panama City, Fla. schandler@mccallaraymer.com

Kenneth Pasquale

Howard & Howard Attorneys, PLLC • Peoria, Ill. mbogdanowicz@howardandhoward.com

Bradford J. Sandler

Stroock & Stroock & Lavan LLP • New York kpasquale@stroock.com

Pachulski Stang Ziehl & Jones LLP • Wilmington, Del. bsandler@pszjlaw.com

Bankruptcy Taxation George Klidonas

Legislation Neil C. Gordon

BakerHostetler • New York gklidonas@bakerlaw.com

Eric D. Madden

Arnall Golden Gregory LLP • Atlanta neil.gordon@agg.com

Jon Jay Lieberman

Reid Collins & Tsai LLP • Dallas emadden@rctlegal.com

Weltman Weinberg & Reis Co., LPA • Cincinnati jlieberman@weltman.com

Business Reorganization Henry P. Baer, Jr.

Mediation Robert M. Fishman

Finn Dixon & Herling LLP • Stamford, Conn. hbaer@fdh.com

Shaw Fishman Glantz & Towbin LLC • Chicago rfishman@shawfishman.com

Steven C. Krause

Real Estate Nathan A. Carney

Owl Creek Asset Management, L.P. • New York stevek@owlcreeklp.com

Commercial Fraud Marion Hecht

Carney Law Firm, P.A. • Tampa, Fla. ncarney@carneylawfirm.com

Patrick A. Clisham

CliftonLarsonAllen LLP • Arlington, Va. Marion.Hecht@claconnect.com

Engelman Berger, PC • Phoenix pac@eblawyers.com

Richard S. Lauter

Secured Credit Thomas M. Horan

Freeborn & Peters LLP • Chicago rlauter@freebornpeters.com

Consumer Bankruptcy Caralyce M. Lassner

Womble Carlyle Sandridge & Rice, LLP • Wilmington, Del. thoran@wcsr.com

Bryan R. Kaplan

Caralyce M. Lassner, JD, PC • Utica, Mich. caralyce@lassnerlaw.com

Paul Hastings LLP • New York bryankaplan@paulhastings.com

Richard H. Thomson

Technology and Intellectual Property Jason S. Brookner

Clark & Washington, LLC • Atlanta rich@bkatlanta.com

Ethics and Professional Compensation Andrew R. Vara Office of the U.S. Trustee • Cleveland andy.vara@usdoj.gov

John W. Weiss

Alston & Bird LLP • New York john.weiss@alston.com

Financial Advisors and Investment Banking James A. Peko Grant Thornton LLP • New York jim.peko@us.gt.com

Christopher A. Ward

Polsinelli • Wilmington, Del. cward@polsinelli.com

Health Care Daniel A. DeMarco

Hahn Loeser & Parks LLP • Cleveland dad@hahnlaw.com

Warren J. Martin, Jr.

Porzio, Bromberg & Newman, PC • Morristown, N.J. wjmartin@pbnlaw.com

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ABI committees have produced reports, written books, and hosted educational programs and webinars, and they provide ways for new ABI members to become actively engaged.

“DISCOVER ABI” Webinar

Labor Day

Southwest Bankruptcy Conference September 10-12 • Las Vegas

Rosh Hashanah Begins at Sundown

October Journal mails

Yom Kippur Begins at Sundown First Day of Autumn

NCBJ/ABI Educational Program September 29 • Miami October Journal online

ABI/NYU Bankruptcy & Business Reorganization Workshop September TBA • New York ABI/NYIC Golf and Tennis and Fundraiser September TBA • TBA

Gray Reed & McGraw, PC • Dallas jbrookner@lrmlaw.com

John G. Loughnane

Nutter, McClennen & Fish, LLP • Boston jloughnane@nutter.com

Unsecured Trade Creditors Lisa S. Gretchko

Howard & Howard Attorneys PLLC • Royal Oak, Mich. lgretchko@howardandhoward.com

Brent I. Weisenberg

Ballard Spahr LLP • New York weisenbergb@ballardspahr.com

Young & New Members Brendan L. McPherson Polsinelli • Kansas City bmcpherson@polsinelli.com

Shane G. Ramsey

Kilpatrick Townsend & Stockton LLP • Atlanta sramsey@kilpatricktownsend.com

Bankruptcy Judge Hon. Kevin J. Carey (D. Del.; Wilmington) (standing) led the emerging leaders roundtable and judges’ roundtable at the 2014 Annual Spring Meeting.

ABI Director of Membership Chris Thackston (l) presented ABI Consumer Bankruptcy Committee Co-Chairs Nina M. Parker (Parker & Associates; Winchester, Mass.) (r) and Richard H. Thomson (Clark & Washington, LLC; Atlanta) with ABI’s Committee of the Year Award at ABI’s 2014 Annual Spring Meeting..


bookstore.abi.org Bookstore The ABI Bookstore (bookstore.abi.org) now offers more than 50 titles that cover the insolvency spectrum, from Bankruptcy in Practice to A Practical Guide to Bankruptcy Valuation. ABI books provide in-depth treatment of timely topics and issues for both new and experienced practitioners. Two of ABI’s 2014 titles are Advanced Fraudulent Transfers: A Litigation Guide and Survival Guide for the New Lawyer: What They Didn’t Teach You in Law School. Most ABI books are also available as e-books for the iPad , Kindle and Nook . ®

®

B

R COME E

OR IN

Y O UR

AREA OF EXP E R TIS E

TLIGHT Y SPO O

U

NTS E L TA AN AUTH

®

Publishing with ABI Have a great idea for a new ABI title? Let us know! Contact ABI’s Director of Communications, Jim Carman, at jcarman@abi.org for information about publishing with ABI. You can also get involved by joining an ABI committee (committees.abi.org). Many of our most popular ABI books, such as Survival Guide for the New Lawyer and ABI’s Health Care Insolvency Manual, were created as committee projects.

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ABI’s Bookstore contains more than 50 books on all aspects of bankruptcy, and most of them are also available as e-books. Visit bookstore.abi.org to see ABI’s latest titles.

“DISCOVER ABI” Webinar

Chicago Consumer Bankruptcy Conference October 12 (tent.) • Chicago

Columbus Day

International Insolvency & Restructuring Symposium October 23 • Madrid, Spain

November Journal mails

November Journal online

Halloween

ABI/GULC “Views from the Bench” October TBA • Washington, D.C. ABI/UMKC Midwestern Bankruptcy Institute & Professional Development Workshop October TBA • Kansas City, Mo.


abcworld.org Board Certification The American Board of Certification (ABC) is the nation’s premier legal specialty certification

NOVEMBER 2015

The American Board of Certification has 26 judges who were first certified attorneys. ABC has more than 800 members in the U.S. and Puerto Rico.

SUNDAY

1

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December Journal online

Daylight Saving Time Ends

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, without regard to membership in ABI or CLLA. The ABC continues to see strong demand for certified specialists from the public. The

Election Day

Complex Financial Restructuring Program November 5 • TBA

“DISCOVER ABI” Webinar

Corporate Restructuring Competition November 6 • TBA

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). We also have a new social media presence with LinkedIn and Twitter, so please follow us on Twitter @ABCworldorg.

2014 American Board of Certification Leadership Mac D. Finlayson, Chair Eller & Detrich, P.C. Tulsa, Okla.

Candace C. Carlyon, President Carlyon Law Group, PLLC Las Vegas

Detroit Consumer Bankruptcy Conference November 11 (tent.) • Detroit

Mid-Level Professional Development Program November 11 (tent.) Chicago Veterans

Day

Walter J. Greenhalgh, Treasurer Duane Morris LLP Newark, N.J.

Craig M. Geno, Secretary

Law Offices of Craig M. Geno, PLLC Ridgeland, Miss.

Michael P. Horan, President-Elect Trenam Kemker St. Petersburg, Fla.

2014 • 2015 Exam Schedule ABC Exams are held in conjunction with several ABI conferences. 2014-15 exam dates are as follows: Date

City

Event/Location

12/4/14

La Quinta, CA

ABI 26th Annual Winter Leadership Conference La Quinta Resort & Club

4/16/15

Washington, DC

ABI 33rd Annual Spring Meeting Renaissance Washington, DC Downtown

6/11/15

Traverse City, MI

ABI 22nd Annual Central States Bankruptcy Workshop Grand Traverse Resort & Spa

7/9/15

North Falmouth, MA

ABI 22nd Annual Northeast Bankruptcy Conference Sea Crest Beach Hotel

7/23/15

Amelia Island, FL

ABI 20th Annual Southeast Bankruptcy Workshop The Ritz-Carlton, Amelia Island

8/6/15

Hershey, PA

11th Annual Mid-Atlantic Bankruptcy Workshop The Hotel Hershey

9/10/15

Las Vegas, NV

ABI 23rd Annual Southwest Bankruptcy Conference Four Seasons Las Vegas

12/3/15

Phoenix, AZ

ABI 27th Annual Winter Leadership Conference Arizona Biltmore

Delaware Views from the Bench November 20 (tent.) • Wilmington, Del.

Thanksgiving


law.abi.org

Your Electronic Version of the Bankruptcy Code & Rules ABI’s personalized electronic Bankruptcy Code & Rules features bookmarking capabilities and case annotations, enabling members to more easily search for specific Code sections and any

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In 2014, ABI expanded its consumer practitioner offerings to more of its educational programs, often at a reduced fee. ABI also held a Student Debt Symposium in May to address the escalating student loan debt crisis.

Winter Leadership Conference December 3-5 • Phoenix

40-Hour Mediation Training Program December 6-10 (tent.) • New York

Hanukkah Begins at Sundown

“DISCOVER ABI” Webinar

related Rule provisions. ABI teamed up with LexisNexis® Matthew Bender® to also provide links to relevant cases.

bankruptcy resources.abi.org Optimized Consumer Focus To bolster business development opportunities and help consumers more easily access

First Day of Winter

Christmas

bankruptcy information, ABI revamped its Consumer website in 2014 to become the Bankruptcy Resources site. The new site has an enhanced capability to help debtors find information and legal assistance within ABI’s nationwide member directory.

January Journal online

New Year’s Eve New Year’s Day


Nearly $2 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 postBAPCPA distributions to unsecured creditors. New in 2014 is the Endowment’s Amazon Wish List (http://go.abi.org/giveauction), which features items that can be purchased for the silent auctions that the Endowment holds each year at several ABI conferences. Contributions may be paid in equal installments for 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.

Anthony H.N. Schnelling Endowment Endowment Donors Honored at ABI Meetings

ENDOWMENTS & GRANTS Major Contributors Millennium Level Contributions of $50,000 and above

Visionary Members Contributions of $20,000 - $24,999

30th Anniversary Circle Contributions of $30,000 - $49,999

Legacy Members Contributions of $15,000 - $19,999

• Bayard, P.A. • Boleman Law Firm, PC • Conseco Liquidating Trust • Global Aviation Holdings, Inc. • Spiegel Creditor Liquidating Trust

• Robert N. Dangremond AlixPartners LLP • Ted Gavin Gavin/Solmonese LLC • Polsinelli James E. Bird, Daniel J. Flanigan and Christopher Ward • 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. Hilco Global • 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 • Patricia A. Redmond Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA • Visa USA, Inc. • Bettina M. Whyte

• Hon. Lee M. Jackwig U.S. Bankruptcy Court • Francis A. Monaco, Jr. Womble Carlyle Sandridge & Rice, LLP • Prof. Robert M. Zinman

• Ballard Spahr LLP Tobey M. Daluz, Carl A. Eklund and Vincent J. Marriott III • Becket & Lee, LLP Alane A. Becket • Richard P. Carmody Adams and Reese LLP • The Hilco Organization Benjamin L. Nortman and Richard L. Kaye • Prof. Jack F. Williams Georgia State University/Mesirow Financial Consulting, LLC

New Lifetime Members Contributions of $10,000 - $14,999

• Lisa G. Beckerman Akin Gump Strauss Hauer & Feld LLP • C. R. (Chip) Bowles, Jr. Bingham Greenebaum Doll LLP • Robert J. Keach Bernstein Shur • Mark Stingley Bryan Cave LLP

New Benefactors Contributions of $5,000 - $9,999

• Geoffrey L. Berman Development Specialists, Inc. • Jamie L. Edmonson Venable LLP • Ryan G. Foley AIG Property Casualty Law Department • Prof. Nancy B. Rapoport William S. Boyd School of Law • K. Scott Van Meter Berkeley Research Group, LLC

New Sustaining Members Contributions of $2,000 - $4,999 • Jacob Aaron Esher MWI • Craig M. Geno Law Offices of Craig M. Geno, PLLC • Jeffrey W. Kelley Troutman Sanders LLP • Kostopoulos & Associates PLLC • Mary D. Lane Mitchell Silberberg & Knupp LLP • Sam Maizel Pachulski Stang Ziehl & Jones LLP • Mark M. Maloney King & Spalding LLP • Jeffrey N. Rich Rich Michaelson Magaliff Moser LLP • J. Ellsworth Summers, Jr. Rogers Towers, PA • Christopher A. Ward Polsinelli • Risa Lynn Wolf-Smith Hollard & Hart LLP

LEVELS OF SUPPORT Millennium Level 30th Anniversary Circle Century Council Member Visionary Member Legacy Member Lifetime Member* Benefactor Sustaining Member Leadership Club Donor

$50,000 + $30,000 - $49,999 $25,000 - $29,999 $20,000 - $24,999 $15,000 - $19,999 $10,000 - $14,999 $5,000 - $9,999 $2,000 - $4,999 $1,000 - $1,999 $100 - $999

* Lifetime members and above receive a complimentary annual membership upon completed payment of the pledge.

UNIQUE WAYS TO CONTRIBUTE John R. Bollinger (Boleman Law Firm, PC; Hampton, Va.), a Millennium Level donor; Alane A. Becket (Becket & Lee, LLP; Malvern, Pa.), a Legacy Member donor; Prof. Nancy B. Rapoport (UNLV William S. Boyd School of Law; Las Vegas), a Benefactor donor; and Jeffrey N. Rich (Rich Michaelson Magaliff Moser LLP; New York), a Sustaining Member donor (clockwise from top left), were recognized for their Endowment contributions during the 2014 Annual Spring Meeting.

taking insolvency research to new heights

NETWORKING EVENTS

AUTO DEBIT

AMAZON WISH LIST

DONATE REMNANT FUNDS

SILENT AUCTIONS

TRANSFER STOCKS


2014•2015 BOARD OF DIRECTORS* ABI Executive Committee Members

President Brian L. Shaw Shaw Fishman Glantz & Towbin LLC Chicago

Vice President-Development Edward T. Gavin Gavin/Solmonese LLC Wilmington, Del.

Vice President-International Affairs Ronald J. Silverman Bingham McCutchen LLP New York

Secretary Rudy J. Cerone McGlinchey Stafford, PLLC New Orleans

President-Elect James Patrick Shea Armstrong Teasdale LLP Las Vegas

Vice President-Education Jeffrey N. Pomerantz Pachulski Stang Ziehl & Jones LLP Los Angeles

Vice President-Communication & Information Technology Deborah L. Thorne Barnes & Thornburg LLP; Chicago

Treasurer John Tittle, Jr. Tittle Advisory Group, Inc. New York

Vice President-Publications Alane A. Becket Becket & Lee, LLP Malvern, Pa.

Vice President-Research Grants Prof. Nancy B. Rapoport William S. Boyd School of Law, UNLV Las Vegas

Vice President-Membership R. Scott Williams Rumberger, Kirk & Caldwell, P.A. Birmingham, Ala.

At-Large Members

Douglas E. Deutsch Chadbourne & Parke LLP New York

Hon. Dennis R. Dow U.S. Bankruptcy Court (W.D. Mo.) Kansas City

Hon. Barbara J. Houser U.S. Bankruptcy Court (N.D. Tex.) Dallas

Nancy A. Peterman Greenberg Traurig, LLP Chicago

ABI Board Members

Deborah A. Crabbe Foster Pepper PLLC Seattle

Hon. Bruce A. Harwood U.S. Bankruptcy Court (D. N.H.) Manchester

Richard M. Meth Fox Rothschild LLP Roseland, N.J.

Glenn E. Siegel Morgan, Lewis & Bockius LLP New York

Hon. Mary Grace Diehl U.S. Bankruptcy Court (N.D. Ga.) Atlanta

Prof. Margaret Howard Washington & Lee Law School Lexington, Va.

Francis A. Monaco, Jr. Womble Carlyle Sandridge & Rice, LLP Wilmington, Del.

Mark G. Stingley Bryan Cave LLP Kansas City, Mo.

Daniel F. Dooley MorrisAnderson Chicago

Hon. Laurel Myerson Isicoff U.S. Bankruptcy Court (S.D. Fla.) Miami

Thomas A. Morrow AlixPartners LLP Southfield, Mich.

Annerose Tashiro Schultze & Braun GmbH & Co. KG Achern, Germany

Michael A. Fagone Bernstein Shur Portland, Maine

David R. Kuney Sidley Austin LLP Washington, D.C.

Hon. C. Ray Mullins U.S. Bankruptcy Court (N.D. Ga.) Atlanta

Ralph S. Tuliano Mesirow Financial Consulting, LLC New York

Tinamarie Feil BMC Group New York

Dennis J. LeVine Dennis LeVine & Associates, PA Tampa, Fla.

Nina M. Parker Parker & Associates Winchester, Mass.

J. Scott Victor SSG Capital Advisors, LLC Conshohocken, Pa.

Scott F. Gautier Robins, Kaplan, Miller & Ciresi LLP Los Angeles

Prof. Lois R. Lupica University of Maine School of Law Portland, Maine

Hon. Pamela Pepper U.S. Bankruptcy Court (E.D. Wis.) Milwaukee

Lynnette R. Warman Culhane Meadows PLLC Dallas

Hon. Robert E. Gerber U.S. Bankruptcy Court (S.D.N.Y.) New York

Douglas L. Lutz Frost Brown Todd LLC Cincinnati

Robert P. Reynolds Reynolds, Reynolds & Little, LLC Tuscaloosa, Ala.

Hon. Eugene R. Wedoff U.S. Bankruptcy Court (N.D. Ill.) Chicago

Jay M. Goffman Skadden, Arps, Slate, Meagher & Flom LLP New York

Mark M. Maloney King & Spalding LLP Atlanta

Mitchell Ryan Donlin, Recano & Company, Inc. Orange, Calif.

Ian G. Williams SGH Martineau LLP London

Lisa Sommers Gretchko Howard & Howard Attorneys, PLLC Royal Oak, Mich.

Lorenzo Mendizabal Epiq Systems, Inc. New York

Damian S. Schaible Davis Polk & Wardwell LLP New York

*Through April 2015.

Chairman James T. Markus Markus Williams Young & Zimmermann LLC Denver Immediate Past President Patricia A. Redmond Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami

Derek C. Abbott Morris, Nichols, Arsht & Tunnell, LLP Wilmington, Del. Corinne Ball Jones Day New York Martin R. Barash Klee, Tuchin, Bogdanoff & Stern LLP Los Angeles Lisa G. Beckerman Akin Gump Strauss Hauer & Feld LLP New York Lorie R. Beers Variant Capital Advisors, LLC New York Michael L. Bernstein Arnold & Porter LLP Washington, D.C. Hon. Kevin J. Carey U.S. Bankruptcy Court (D. Del.) Wilmington Kathryn Coleman Hughes Hubbard & Reed LLP New York

ABI STAFF

n EXECUTIVE n ACCOUNTING

n ADMINISTRATION n COMMUNICATIONS

n CARE n IMT

Samuel J. Gerdano, Executive Director

Adam Ziegler, Staff Accountant

Patrick McGrath, Senior Print Designer

Satish Kodali, Software Engineer

Amy A. Quackenboss, Deputy Executive Director and General Counsel

Mary T. Kleppinger, Director of Administration

Elizabeth Stoltz, Managing Editor

Matthew Lukban, Media Operations Manager

n MEMBERSHIP n MEETINGS

Jennifer Dugas, Conference Director

Elizabeth Carden, Meeting Planner

Leah Weston, Office Manager

Kayla Vanderlyn, Publications Specialist

Jeff Schnarel, Senior Web Application Developer

Ed Flynn, Consultant

Allyson Donohue, Meeting Planner

Marie White, Staff Assistant

John Good, CARE Director

Christopher Thackston, Director of Membership

Kathy Sheehan, Chief Financial Officer

Jennifer Guirguis, Meeting Planner

James Carman, Director of Communications

Karim Guirguis, Chief Information Officer

Gayna Boettcher, Membership Specialist Jannine Henderson, Continuing Education Manager

Mike Johnson, Staff Accountant

Carolyn Derder, Senior Editor

Chase Armand, Network Engineer

Martha Cannon, Membership Program Manager Tara Kennedy, Meeting Planner

Patty Sadusky, Accounting Manager

John Hartgen, Public Affairs Manager

Sirish Ayyagari, Drupal Architect

Sue Kim, Engagement Manager Sharisa Sloan, Event Marketing Specialist

Chloe Somers, Senior Staff Accountant


2013 SEPTEMBER 28, 2014

AMERICAN BANKRUPTCY INSTITUTE STATEMENT OF FINANCIAL POSITION

any expenditures of the principal of the Endowment Fund will continue to require a two-thirds majority

ASSETS December 31, 2013 December 31, 2012 Cash and cash equivalents $599,122 $165,448 Investments 11,885,726 11,606,440 Accounts receivable, net 143,486 134,039 Prepaid and other assets 433,430 446,792 Pledges receivable, net 80,605 115,472 Property and equipment, net 400,113 152,089 Deposits and other 109,372 75,800 TOTAL ASSETS $13,651,854 $12,696,080 LIABILITIES AND NET ASSETS LIABILITIES: Accounts payable and accrued expenses $1,396,716 $912,383 Deferred revenue 2,770,042 2,681,797 Total Liabilities 4,166,758 3,594,180 NET ASSETS: Unrestricted Undesignated 5,394,811 5,314,177 Board designated endowment 3,735,552 3,314,309 9,130,363 8,628,486 *Temporarily restricted 354,733 473,414 Total net assets 9,485,096 9,101,900 TOTAL LIABILITIES AND NET ASSETS $13,651,854 $12,696,080

vote by the Board of Directors under the ABI bylaws.

*Includes $234,608 (2013) and $307,822 (2012) in funds designated for the CARE Program.

The Audit Subcommittee has selected CLA as auditors as of and for the year ending December 31,

$10 M

2014. In the four years that the accounting firm has served as the auditor for ABI, the organizations

$9 M $8 M $7 M $6 M $5 M $4 M $3 M $2 M $1 M $0

Dear ABI Members:

The American Bankruptcy Institute experienced an increase in its net assets during 2013 of approximately $400,000. Net assets rose from around $9.1 to nearly $9.5 million. Continuing its tradition of being a well-run and efficient organization, ABI held cash and investments of $12.5 million as of December 2013 – an increase of around $700,000 over 2012. In the annual audit of ABI by CliftonLarsonAllen LLP (CLA), an audit firm specializing in nonprofit organizations, ABI was issued an unqualified “clean report” in conformity with generally accepted accounting principles. The auditors found no matters involving internal controls and operations that were considered to be material weaknesses. Additionally, members of the CLA audit team commented that the financial position of ABI was very healthy and that its assets were very liquid, primarily being cash and cash equivalents. Even the auditors noted the efficiency and cost-effectiveness of 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, 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 on industry standards and recommendations from outside financial advisors. The ABI Endowment Fund will continue to be kept in a segregated account, and

have worked together as collaboratively as possible. In selecting CLA as auditor for a fifth consecutive year, ABI has every reason to expect these very positive circumstances and conditions to continue for the audit of the 2014 financials.

Respectfully submitted, John Tittle, Jr. Treasurer

J. Scott Victor Audit Committee Chair

partners.abi.org Presidential Partners

$9,485,096 $7,459,100

Growth in Net Assets

$5,482,813 $2,618,846

$169,301

$970,749

5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 199 199 199 199 199 200 200 200 200 200 200 200 200 200 200 201 201 201 201

AMERICAN BANKRUPTCY INSTITUTE 2014 PARTNERS

Executive Partners

ABI’s Partners provide vital support for programs throughout the year. Partners receive year-round recognition at many conferences, events and online. Partner Packages are customized to fit the marketing needs of our Partners. Contact Sharisa Sloan of the staff for information on how you can partner with ABI.

Capital Partners


mediakit.abi.org

MARKET YOUR FIRM WITH THE LEADERS OF THE INSOLVENCY COMMUNITY

PARTNER WITH ABI EVENTS

ABI JOURNAL

PARTNERSHIP

SPONSORSHIPS

ABI.ORG

AND SEE THE RETURN Anthony H.N. Schnelling

Nearly $2 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

Levels of Support Millennium Level 30th Anniversary Circle Century Council Member Visionary Member Legacy Member Lifetime Member* Benefactor Sustaining Member Leadership Club Donor

$50,000 + $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 $2,000 $1,000 $100

bankruptcy or insolvency; surveys or other analytical investigation; the education of judges, court personnel, other governmental

- - - - - - - - -

$49,999 $29,999 $24,999 $19,999 $14,999 $9,999 $4,999 $1,999 $999

personnel and the general public; or scholarships and other educational grants. New contributions or pledges at or above the Sustaining Member level will be recognized at the Annual Spring Meeting and Winter Leadership Conference.* 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.

Donors are acknowledged at ABI meetings! endowment.abi.org

* Lifetime members and above receive a complimentary annual membership upon completed payment of the pledge.

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Discover webinars are held on the first Thursday of each month. Find out how you can put ABI’s resources to work for you!

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2O14•2O15

AMERICAN BANKRUPTCY INSTITUTE MEETING & EVENT SCHEDULE

2O14

2O15

Complex Financial Restructuring Program Wharton School of Business

New Orleans Consumer Bankruptcy Conference Tulane University

November

November 6 • Philadelphia

Corporate Restructuring Competition Wharton School of Business

November 6-7 • Philadelphia

Chicago Consumer Bankruptcy Conference University of Chicago Gleacher Center

November 11 • Chicago

Detroit Consumer Bankruptcy Conference Somerset Inn

November 11 • Troy, Mich.

Mid-Level Professional Development Program Jenner & Block Conference Center

November 12 • Chicago

December

Winter Leadership Conference La Quinta Resort & Club

December 4-6 • La Quinta, Calif. 40-Hour Mediation Training Program St. John’s University’s Manhattan Campus

December 7-11 • New York

January

January 19 • New Orleans

Rocky Mountain Bankruptcy Conference Four Seasons Hotel Denver

January 22-23 • Denver

February

Caribbean Insolvency Symposium Westin Grand Cayman

February 5-7 • Grand Cayman VALCON Four Seasons Las Vegas

February 25-27• Las Vegas

March

ABI/Stetson Alexander L. Paskay Memorial Bankruptcy Seminar Hilton Tampa Downtown

March 5-7 • Tampa, Fla.

Conrad Duberstein Moot Court Competition Duberstein U.S. Courthouse

March 7-9 • New York

Byrne Judicial Clerkship Institute Pepperdine University School of Law

March 12-13 • Malibu, Calif. Bankruptcy Battleground West Hyatt Regency Century Plaza

March 24 • Los Angeles

May

August

May 7-8 • Uncasville, Conn.

August 6-8 • Hershey, Pa.

8th Annual Credit & Bankruptcy Symposium Mohegan Sun New York City Bankruptcy Conference New York Hilton

May 14 • New York

Litigation Skills Symposium Chicago - Kent School of Law

May 19-22 • Chicago

June

Memphis Consumer Bankruptcy Conference

June TBA • Memphis, Tenn.

Central States Bankruptcy Workshop Grand Traverse Resort

June 11-14 • Traverse City, Mich. Cross-Border Insolvency Program Association of the Bar of the City of New York

June 18 • New York

July China International Insolvency Symposium

July 6-7• Beijing, China

Northeast Bankruptcy Conference Sea Crest Beach Hotel

July 9-12 • North Falmouth, Mass. Southeast Bankruptcy Workshop The Ritz-Carlton, Amelia Island

July 23-26 • Amelia Island, Fla.

Mid-Atlantic Bankruptcy Workshop Hotel Hershey

September

Southwest Bankruptcy Conference Four Seasons Las Vegas

September 10-12 • Las Vegas

ABI/NYIC Golf and Tennis Fundraiser

September TBA • TBA

ABI/NYU Bankruptcy & Business Reorganization Workshop

September TBA • New York

NCBJ/ABI Educational Program Fontainebleau Miami Beach

September 29 • Miami

October

Chicago Consumer Bankruptcy Conference

November

Complex Financial Restructuring Program

November 5 (tent.) • TBA

Corporate Restructuring Competition

November 6 (tent.) • TBA

Detroit Consumer Bankruptcy Conference

November 11 (tent.) • Detroit

Mid-Level Professional Development Program

November 11 (tent.) • Chicago Delaware Views from the Bench Hotel du Pont

November 20 (tent.) • Wilmington, Del.

December

Winter Leadership Conference Arizona Biltmore Resort and Spa

December 3-5 • Phoenix

40-Hour Mediation Training Program St. John’s University’s Manhattan Campus

December 6-10 (tent.) • New York

October 12 (tent.) • Chicago International Insolvency & Restructuring Symposium Hotel Ritz Madrid

October 23 • Madrid, Spain ABI/GULC “Views from the Bench”

October TBA • Washington, D.C. ABI/UMKC Midwestern Bankruptcy Institute & Professional Development Workshop

October TBA • Kansas City, Mo.

April

Annual Spring Meeting Renaissance Washington, DC Downtown

April 16-19 • Washington, D.C.

DATES AND LOCATIONS SUBJECT TO CHANGE


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