University of Texas School of Law

UT Law CLE

2012 Bankruptcy Conference

Program Features
UT Law's outstanding Jay L. Westbrook Bankruptcy Conference, in its 31st year, is one of the premier bankruptcy programs in the nation. The conference attracts a stellar national faculty of prominent judges, academics and practitioners and provides an in-depth focus on current issues and topics including:
    • Renowned bankruptcy judges go head-to-head in a debate about Stern v. Marshall
    • Professor Jay L. Westbrook leads a panel of distinguished practitioners in the perennial favorite, Recent Developments
    • Business and Consumer Tracks address a mix of business and consumer bankruptcy topics at an advanced level
    • Bankruptcy Issues in the Energy and Power Industry
    • Reception on Thursday evening offers a great networking opportunity with fellow colleagues and conference faculty
Come a day early for the John C. Akard Distinguished Lectureship to be delivered by the Honourable Madam Justice Barbara Romaine, Justice of the Court of Queen's Bench of Alberta, Calgary, Canada. Justice Romaine speaks on why cross-border proceedings between our countries work with relative ease and shares her thoughts about existing issues and the challenges to come.

UT Law CLE

2012 Bankruptcy Conference

12/14/18
Schedule

Wednesday Evening, Nov. 7, 2012

6:00 pm

0.00 hr ethics

John C. Akard Lecture Delivered by The Honourable Madam Justice Barbara Romaine

The Honourable Madam Justice Barbara Romaine, Justice of the Court of Queen's Bench of Alberta, Calgary, Canada is one of the judges assigned to commercial insolvency and complex commercial matters. She is currently the Calgary Co-chair of the Court's Commercial Practice Group. Justice Romaine is a member of the Board of the Canadian Insolvency Foundation and the Editorial Advisory Board of the Annual Review of Insolvency Law. She is an International Judicial Affiliate member of the U.S. National Conference of Bankruptcy Judges and a member of the International Insolvency Institute, INSOL International, GRIP 21 and the International Women's Insolvency and Restructuring Confederation.

The Court of Queen's Bench is the Superior Trial Court for the Province, hearing trials in civil and criminal matters and appeals from decisions of the Provincial Court. As a member of the Commercial Court in Alberta, Justice Romaine has handled some of the largest and most important of the Canadian business bankruptcies, including those with major connections to the United States.

Justice Romaine delivers the Akard Lecture, speaking on why cross-boarder proceedings between our countries work with relative ease and shares her thoughts about existing issues and the challenges to come.

The John C. Akard Distinguished Lectureship Program was endowed by the generous gifts of many members of the Texas bankruptcy bar in honor of Judge John C. Akard (retired), a 1957 UT Law graduate who served with great distinction for 14 years as the U.S. Bankruptcy Judge in the Northern District of Texas, sitting in Lubbock and throughout much of West Texas. The first Akard Lecture was delivered in 2001 by Professor Elizabeth Warren of Harvard Law School, and formerly of The University of Texas School of Law.

9:00 pm
Adjourn

Thursday Morning, Nov. 8, 2012

Presiding Officer:
Berry D. Spears, Fulbright & Jaworski L.L.P. - Austin, TX

8:00 am
Registration Opens

Includes continental breakfast

8:50 am
Welcoming Remarks

Patrick Kelley, Conference Chair

9:00 am

1.25 hrs
0.50 hr ethics

Recent Developments

This bunch calls 'em like they see 'em. Some are good, some are bad. We mean the cases, not the presenters. The presenters, particularly Professor Westbrook, are always good!

Moderator:
Jay L. Westbrook, The University of Texas School of Law - Austin, TX
Panelists:
R. Byrn (Byrnie) Bass Jr., Attorney at Law - Lubbock, TX
Panelists:
Deborah B. Langehennig, Chapter 13 Trustee - Austin, TX
Panelists:
William J. Rochelle, Bloomberg LP - New York, NY
Panelists:
Deborah D. Williamson, Cox Smith Matthews Incorporated - San Antonio, TX

10:15 am
Break

10:30 am
Duberstein Championship Team

Professor Jay L. Westbrook introduces UT Law's National Championship Team of the 20th Annual Hon. Conrad B. Duberstein Bankruptcy Moot Court Competition

Team: Brian Cumings ('12) and Eric Werlinger ('12)

Coaches: Deborah B. Langehennig ('88), Chapter 13 Trustee, Austin, TX and Jay Ong, Munsch Hardt Kopf & Harr, Austin, TX, with support by UT Law Professor Jay Westbrook

10:35 am

0.75 hr

Debt as an Asset Acquisition Tool and Defenses to "Loan-to-Own" Strategies

More and more, financial players are acquiring senior secured debt and using pre-bankruptcy forbearance and restructuring to enhance their ability to convert that debt to ownership of the debtor's assets. A discussion of who is doing it, how and why, and what junior creditors can do about it including new—or not so new—leverage after 11th Circuit's TOUSA decision.

Leon V. Komkov, Longroad Asset Management, LLC - Austin, TX
Patricia Baron Tomasco, Jackson Walker L.L.P. - Austin, TX

11:20 am

0.50 hr

Debt and Domestic Abuse

Labeled as "coerced debt", a new type of debt is emerging from abusive relationships. Coerced debt occurs when the abuser in a violent relationship obtains credit in the victim's name via fraud or coercion. It ranges from secretly taking out credit cards in victims' names to coercing victims into signing loan documents, to tricking victims to relinquishing their rights to the family house.

Angela Littwin, The University of Texas School of Law - Austin, TX

11:50 am

0.75 hr ethics

Current Representation Issues

This session tackles numerous issues including representing multiple debtors, representing a committee in a jointly-administered case and having your retainer paid by a non-debtor.

Kevin Michael Epstein, Office of U.S Trustee - San Antonio, TX
William A. (Trey) Wood III, Bracewell & Giuliani, LLP - Houston, TX

12:35 pm
Lunch on your Own

Thursday Afternoon, Nov. 8, 2012

Presiding Officer:
Thomas S. Henderson III, Attorney at Law - Houston, TX

1:50 pm

0.50 hr

Student Loans: Separate Classification in Chapter 13, Hardship Discharge, Special Circumstances and Alternative Repayment Plans

Reese W. Baker, Baker and Associates LLP - Houston, TX
Michael V. Baumer, Attorney at Law - Austin, TX

2:20 pm
Break

Business Track

Presiding Officer:
Thomas S. Henderson III, Attorney at Law - Houston, TX
2:30 pm

0.50 hr

Using and Excluding Experts

John J. McKetta III, Graves Dougherty Hearon & Moody PC - Austin, TX

3:00 pm

0.50 hr

Involuntary Petitions: A Weapon in the Right or Wrong Hands

Despite their relative rarity, an involuntary Chapter 11 filing raises interesting strategic implications for both debtor and creditor, especially as concerns "bankruptcy remote" entities, timing, choice of venue and the use of cash.

Michael P. Cooley, Akin Gump Strauss Hauer & Feld LLP - Dallas, TX
Joachim H. (Jay) Ong, Munsch Hardt Kopf & Harr, PC - Austin, TX

3:30 pm

0.50 hr

RadLAX Gateway Hotel, LLC v. Amalgamated Bank

The Supreme Court's opinion in RadLAX—the potential effects could go far beyond just credit bidding.

Hon. Leif M. Clark, San Antonio, TX
Demetra L. Liggins, Thompson & Knight LLP - Houston, TX

4:00 pm

1.00 hr
0.25 hr ethics

Top 10 Impediments to Reorganizing in Chapter 11

Case decisions and legislative changes to the Bankruptcy Code that have restricted options for debtors in Chapter 11.

Moderator:
Hon. Stacey G. C. Jernigan, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
Panelists:
Clifton R. Jessup Jr., Greenberg Traurig LLP - Dallas, TX
Panelists:
Michael R. (Buzz) Rochelle, Rochelle McCullough, L.L.P. - Dallas, TX

5:00 pm

0.00 hr ethics

Adjourn Business Track to Reception

Consumer Track

Presiding Officer:
Hon. John C. Akard, U.S. Bankruptcy Judge, Retired - Lubbock, TX
2:30 pm

0.50 hr

Litigation of Federal Tax Liens in Bankruptcy

An overview of federal tax lien issues related to tax lien litigation.

David G. Adams, U.S. Department of Justice, Tax Division - Dallas, TX

3:00 pm

0.50 hr

Rules 3001 and 3002.1 Issues

A gamechanger or same old practice? Discussion and interpretative cases on the new Rules 3001 and 3002.1.

Robert B. Wilson, Chapter 13 Trustee - Lubbock, TX

3:30 pm

0.50 hr
0.08 hr ethics

Partnerships: Reconciliation or Divorce

Divorcing your business partners in bankruptcy comes with problems, rights and obligations.

Randall L. Rouse, Lynch, Chappell & Alsup, P.C. - Midland, TX

4:00 pm

0.50 hr
0.08 hr ethics

Individual and Small Business Chapter 11s

A primer on small Chapter 11 cases.

Eduardo V. Rodriguez, Malaise Law Firm - Brownsville, TX
Mark Curtis Taylor, Hohmann Taube & Summers - Austin, TX

4:30 pm

0.50 hr
0.08 hr ethics

Lien Stripping in Chapter 7 and 13 Cases

Judge Isgur discusses whether a debtor or a trustee may force a secured creditor to accept less than the full amount of its claim if the value of the collateral is less than the amount of the claim. The session focuses on Sections 506, 1322 and 1325 of the Bankruptcy Code.

Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX

5:00 pm

0.00 hr ethics

Adjourn Consumer Track to Reception

5:00 pm
Jay L. Westbrook Bankruptcy Conference Reception

Thursday Evening, Nov. 8, 2012

8:30 pm
Young Lawyers Committee

Following the Jay L. Westbrook Bankruptcy Conference Reception, the Young Lawyers Committee annual evening reception is at the Cedar Door, located at 201 Brazos Street, on Thursday November 9 at 8:30 p.m.

Friday Morning, Nov. 9, 2012

Presiding Officer:
Patrick Kelley, Ireland, Carroll & Kelley, P.C. - Tyler, TX

8:00 am
Conference Room Opens

Includes continental breakfast

8:45 am

1.00 hr

Clash of the Titans: A Stern v. Marshall Debate

Two renowned bankruptcy judges go head-to-head in a debate about whether the Stern  decision has broad or narrow implications for bankruptcy courts. Is it the end of the world or much ado about nothing? A brief national overview of how courts are ruling on current hot-button Stern issues begins the debate.

Moderator:
Omar Jesus Alaniz, Baker Botts L.L.P. - Dallas, TX
Panelists:
Hon. Robert D. Drain, U.S. Bankruptcy Court, Southern District of New York - White Plains, NY
Panelists:
Hon. Cecelia G. Morris, U.S. Bankruptcy Court, Southern District of New York - Poughkeepsie, NY

9:45 am

0.75 hr

Bad Gas? How the Rapid Development of Shale Natural Gas Has Changed the Landscape of the Energy and Power Industry for Good and (Bankruptcy)

Moderator:
Stephen M. Pezanosky, Haynes and Boone, LLP - Fort Worth, TX
Panelists:
Albert S. Conly, FTI Consulting - Dallas, TX
Panelists:
Andrew D. Weissman, Haynes and Boone, LLP - Washington, DC

10:30 am
Break

10:45 am

0.75 hr
0.50 hr ethics

Breaking Up Is Hard to Do: Law Firms, Money, Fiduciary Duties and Ethics

Scenario A: Lawyer moves to new firm and takes clients and files. Old firm claims that lawyer owes them money. Scenario B: Law firm (large or small) breaks up. Departing lawyers take clients and files to their new firms. Dissolving firm makes claims for the "unfinished business," especially when receivership or bankruptcy come into play. A look at these issues and some root causes of law firm failure.

Bill Brandt, Development Specialists, Inc. - Chicago, IL
J. Michael Sutherland, Carrington, Coleman, Sloman & Blumenthal, L.L.P. - Dallas, TX

11:30 am

0.50 hr

Welcome to America, Now Go Away—The Aftermath of the Vitro Case

Vitro, a large Mexican glass maker with several subsidiaries filed a Concurso Mercantil for reorganization under Mexican law but did not file for its U.S. subsidiaries. The reorganization plan approved by the Mexican court, which invalidated guarantee obligations of the non-debtor subsidiaries was rejected by the U.S. Bankruptcy Court as manifestly contrary to U.S. public policy. The ruling is now on appeal to the 5th Circuit and involves some really exciting and fun issues.

Robin E. Phelan, Haynes and Boone, LLP - Dallas, TX

12:00 pm
Pick Up Lunch

Included in conference registration

Friday Afternoon, Nov. 9, 2012

Presiding Officer:
Joseph J. Wielebinski Jr., Munsch Hardt Kopf & Harr, P.C. - Dallas, TX

Luncheon Presentation

12:15 pm

0.75 hr

A Look into the Future of Our Economy: When Will Things Recover?

A nonpartisan look at the future of the U.S. economy including the issues of liquidity, monetary policy and the global financial crisis.

Michael W. Brandl, The Fisher College of Business, The Ohio State University - Columbus, OH

1:00 pm
Break

1:15 pm

0.75 hr

Impact of the Enactment of the Patient Protection and Affordable Care Act on Bankruptcy Practice and Related Issues

The tension between rising healthcare costs and the need to make quality healthcare available to all citizens drives our national debate. The enactment of PPACA raises a growing number of issues that impact bankruptcy practitioners in healthcare cases.


 

Maria E. Gonzalez Knavel, Foley & Lardner LLP - Milwaukee, WI
Bobby Guy, Frost Brown Todd - Nashville, TN

2:00 pm

0.50 hr

How to Take an Appeal From a Bankruptcy Court's Order

A step-by-step guide to a bankruptcy appeal in all of its facets.

Katie Drell Grissel, Vinson & Elkins LLP - Dallas, TX
Edward L. Ripley, King & Spalding LLP - Houston, TX

2:30 pm

1.00 hr

Judges Panel

Moderator:
Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Panelists:
Hon. Stacey G. C. Jernigan, U.S. Bankruptcy Court, Northern District of Texas - Dallas, TX
Panelists:
Hon. H. Christopher Mott, U.S. Bankruptcy Court, Western District of Texas - Austin, TX
Panelists:
Hon. Bill G. Parker, U.S. Bankruptcy Court, Eastern District of Texas - Tyler, TX

3:30 pm
Adjourn

UT Law CLE

2012 Bankruptcy Conference

Faculty

Conference Faculty

David G. Adams
U.S. Department of Justice, Tax Division
Dallas, TX
Omar Jesus Alaniz
Baker Botts L.L.P.
Dallas, TX
Reese W. Baker
Baker and Associates LLP
Houston, TX
R. Byrn (Byrnie) Bass Jr.
Attorney at Law
Lubbock, TX
Michael V. Baumer
Attorney at Law
Austin, TX
Michael W. Brandl
The Fisher College of Business, The Ohio State University
Columbus, OH
Bill Brandt
Development Specialists, Inc.
Chicago, IL
Hon. Leif M. Clark
San Antonio, TX
Albert S. Conly
FTI Consulting
Dallas, TX
Michael P. Cooley
Akin Gump Strauss Hauer & Feld LLP
Dallas, TX
Hon. Robert D. Drain
U.S. Bankruptcy Court, Southern District of New York
White Plains, NY
Kevin Michael Epstein
Office of U.S Trustee
San Antonio, TX
Maria E. Gonzalez Knavel
Foley & Lardner LLP
Milwaukee, WI
Katie Drell Grissel
Vinson & Elkins LLP
Dallas, TX
Bobby Guy
Frost Brown Todd
Nashville, TN
Hon. Marvin Isgur
U.S. Bankruptcy Court, Southern District of Texas
Houston, TX
Hon. Stacey G. C. Jernigan
U.S. Bankruptcy Court, Northern District of Texas
Dallas, TX
Clifton R. Jessup Jr.
Greenberg Traurig LLP
Dallas, TX
Leon V. Komkov
Longroad Asset Management, LLC
Austin, TX
Deborah B. Langehennig
Chapter 13 Trustee
Austin, TX
Demetra L. Liggins
Thompson & Knight LLP
Houston, TX
Angela Littwin
The University of Texas School of Law
Austin, TX
John J. McKetta III
Graves Dougherty Hearon & Moody PC
Austin, TX
Hon. Cecelia G. Morris
U.S. Bankruptcy Court, Southern District of New York
Poughkeepsie, NY
Hon. H. Christopher Mott
U.S. Bankruptcy Court, Western District of Texas
Austin, TX
Joachim H. (Jay) Ong
Munsch Hardt Kopf & Harr, PC
Austin, TX
Hon. Bill G. Parker
U.S. Bankruptcy Court, Eastern District of Texas
Tyler, TX
Stephen M. Pezanosky
Haynes and Boone, LLP
Fort Worth, TX
Robin E. Phelan
Haynes and Boone, LLP
Dallas, TX
Edward L. Ripley
King & Spalding LLP
Houston, TX
Michael R. (Buzz) Rochelle
Rochelle McCullough, L.L.P.
Dallas, TX
William J. Rochelle
Bloomberg LP
New York, NY
Eduardo V. Rodriguez
Malaise Law Firm
Brownsville, TX
Randall L. Rouse
Lynch, Chappell & Alsup, P.C.
Midland, TX
J. Michael Sutherland
Carrington, Coleman, Sloman & Blumenthal, L.L.P.
Dallas, TX
Mark Curtis Taylor
Hohmann Taube & Summers
Austin, TX
Patricia Baron Tomasco
Jackson Walker L.L.P.
Austin, TX
Andrew D. Weissman
Haynes and Boone, LLP
Washington, DC
Jay L. Westbrook
The University of Texas School of Law
Austin, TX
Deborah D. Williamson
Cox Smith Matthews Incorporated
San Antonio, TX
Robert B. Wilson
Chapter 13 Trustee
Lubbock, TX
William A. (Trey) Wood III
Bracewell & Giuliani, LLP
Houston, TX

Planning Committee

Patrick Kelley—Chair
Ireland, Carroll & Kelley, P.C.
Tyler, TX
Hon. John C. Akard
U.S. Bankruptcy Judge, Retired
Lubbock, TX
Omar Jesus Alaniz
Baker Botts L.L.P.
Dallas, TX
R. Byrn (Byrnie) Bass Jr.
Attorney at Law
Lubbock, TX
Michael V. Baumer
Attorney at Law
Austin, TX
Charles A. Beckham Jr.
Haynes and Boone, LLP
Houston, TX
Hon. Leif M. Clark
San Antonio, TX
Michael P. Cooley
Akin Gump Strauss Hauer & Feld LLP
Dallas, TX
Josiah M. Daniel III
Vinson & Elkins LLP
Dallas, TX
Thomas S. Henderson III
Attorney at Law
Houston, TX
Hon. Marvin Isgur
U.S. Bankruptcy Court, Southern District of Texas
Houston, TX
Hon. Stacey G. C. Jernigan
U.S. Bankruptcy Court, Northern District of Texas
Dallas, TX
Clifton R. Jessup Jr.
Greenberg Traurig LLP
Dallas, TX
Henry J. Kaim
King & Spalding LLP
Houston, TX
Deborah B. Langehennig
Chapter 13 Trustee
Austin, TX
Demetra L. Liggins
Thompson & Knight LLP
Houston, TX
Angela Littwin
The University of Texas School of Law
Austin, TX
Sylvia Ann Mayer
Weil, Gotshal & Manges LLP
Houston, TX
Michelle A. Mendez
Hunton & Williams LLP
Dallas, TX
Joachim H. (Jay) Ong
Munsch Hardt Kopf & Harr, PC
Austin, TX
Michael R. (Buzz) Rochelle
Rochelle McCullough, L.L.P.
Dallas, TX
Joshua P. Searcy
Searcy & Searcy, P.C.
Longview, TX
Berry D. Spears
Fulbright & Jaworski L.L.P.
Austin, TX
J. Michael Sutherland
Carrington, Coleman, Sloman & Blumenthal, L.L.P.
Dallas, TX
Patricia Baron Tomasco
Jackson Walker L.L.P.
Austin, TX
Jay L. Westbrook
The University of Texas School of Law
Austin, TX
Joseph J. Wielebinski Jr.
Munsch Hardt Kopf & Harr, P.C.
Dallas, TX
Deborah D. Williamson
Cox Smith Matthews Incorporated
San Antonio, TX
Robert B. Wilson
Chapter 13 Trustee
Lubbock, TX
William A. (Trey) Wood III
Bracewell & Giuliani, LLP
Houston, TX

UT Law CLE

2012 Bankruptcy Conference

Credit Information

MCLE Credit

Texas
12.25 hrs  |  2.00 hrs Ethics
Legal Specialization(s): Bankruptcy Law
Additional Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
California
12.25 hrs  |  2.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Oklahoma
14.50 hrs  |  2.50 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other States
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.

Other Credit

TX Accounting CPE – Expected
14.50 hrs
Additional Information
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

UT Law CLE

2012 Bankruptcy Conference

Key Dates

Austin

  • Last day for Standard Registration early registration: Nov 2, 2012
    Add $50 for registrations received after this time
  • Last day for Green Registration - USB Key ONLY early registration: Nov 2, 2012
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Nov 2, 2012
  • Last day for cancellation (partial refund): Nov 5, 2012
    $50 processing fee applied

UT Law CLE

2012 Bankruptcy Conference

Hotel / Venue

Austin

Four Seasons Hotel

98 San Jacinto Boulevard
Austin, TX 78701-4082
512.685.8100 (reservations)
Map

Accommodations

$235.00 good through Oct 8, 2012

Parking Information

Valet parking is $14 during the day of the event and $32.50 for overnight use. Limited self-parking is available for $12 during the day of the event.

UT Law CLE

2012 Bankruptcy Conference

Sponsors