University of Texas School of Law
37th Annual Jay L. Westbrook
Bankruptcy Conference
Austin Nov 15-16, 2018 Four Seasons Hotel
$645 Individual  |  $695 after Nov 7
EVENT SPONSORS
AlixPartners LLP
Hunton Andrews Kurth LLP
SierraConstellation Partners LLC

PREMIER SPONSORS
Baker Botts L.L.P
Conway MacKenzie, Inc.
Greenberg Traurig, LLP
Haynes and Boone, LLP
Nathan Associates, Inc.
Rochelle McCullough, L.L.P.
Thompson & Knight LLP
Weil, Gotshal & Manges LLP
​Winstead PC

SPONSORS
Dentons US LLP
GlassRatner
Liskow & Lewis
Munsch Hardt Kopf & Harr, P.C.
Norton Rose Fulbright US LLP

UT Law CLE

2018 Jay L. Westbrook Bankruptcy Conference

Program Features
UT Law's 37th Annual Jay L. Westbrook Bankruptcy Conference is one of the premier bankruptcy programs in the nation. The conference attracts a stellar national faculty of prominent judges, academics, and practitioners. It also provides an in-depth focus on current topics in business and consumer bankruptcy.

Program highlights:
  • Led by Professor Jay L. Westbrook, the perennial favorite, Recent Developments is back with a panel of distinguished practitioners to discuss this year’s cases.
  • Learn what makes the judges tick as the old guard, Judges Isgur, Parker and Gargotta interview the new guard in the Judicial Spotlight.
  • Hear valuable guidance and explore the ethical issues that lawyers need to be aware of regarding cryptocurrencies and social media use.
  • Select from Thursday afternoon concurrent tracks:
    • Business Track includes discussions on the use of in-house counsel as witnesses; the trends of adequate protection in the use, sale or lease of property of the estate; what tactics or strategies should be considered if Chapter 11 is not the preferred alternative; and recent Chapter 11 plan-related developments including substantive consolidation, “per plan” versus “per debtor” considerations, and third-party releases.
    • Consumer Track includes discussions on Jevic in the consumer context; turnover after In Re Cowan, 849 F. 3rd 943; the latest on the loan modification program proposed for Texas; and how to deal and not deal with exemption issues  pre-bankruptcy.
  • Gain insight on the use of technology in the courtroomcircuit splits; ethical considerations in section 363 sales; how to maximize the potential for a positive mediation outcome; and much more.
Also, enjoy interacting and networking with judges, trustees, and practitioners at Thursday Evening’s Jay L. Westbrook Bankruptcy Reception!

UT Law CLE

2018 Jay L. Westbrook Bankruptcy Conference

8/16/18
Schedule

Thursday Morning, Nov. 15, 2018

7:30 am
Registration Opens

Includes continental breakfast.

8:40 am
Welcoming Remarks

8:50 am
Duberstein Team Recognition

9:00 am

1.25 hrs
0.50 hr ethics

Recent Developments

Professor Westbrook, and his usual supporting cast, discuss the year's most important business and consumer cases.

Moderator:
Jay L. Westbrook, The University of Texas School of Law - Austin, TX
Panelists:
R. Byrn "Byrnie" Bass Jr., Attorney at Law - Lubbock, TX
Deborah B. Langehennig, Chapter 13 Trustee - Austin, TX
Bill Rochelle, American Bankruptcy Institute - New York, NY
Deborah D. Williamson, Dykema Cox Smith - San Antonio, TX

10:15 am

0.75 hr

Mediation Maximus

Do’s and don’ts to maximize the potential for a positive mediated outcome and avoid wasting time and money.

Hon. Leif M. Clark, Leif M. Clark Consulting, PLLC - San Antonio, TX
Sylvia A. Mayer, S. Mayer Law PLLC - Houston, TX

11:00 am
Break

11:15 am

0.75 hr

What Every Bankruptcy Lawyer Should Know About the Tax Cuts and Jobs Act of 2017

Discuss the changes in the tax law, brought about by the enactment of the Tax Cuts and Jobs Act of 2017, that impact debtors and creditors in bankruptcy proceedings, and, in particular, how those changes impact the value of the bankruptcy estate to prospective bidders for assets in the estate.

John T. Bradford, Liskow & Lewis - Houston, TX
Edward L. Rothberg, Hoover Slovacek LLP - Houston, TX

12:00 pm

0.75 hr

Puerto Rico Lessons Learned

Puerto Rico's insolvency is changing the law of municipal insolvencies — a spate of litigation has already produced numerous decisions from the trial court, six opinions from the U.S. Court of Appeals for the 1st Circuit Court and one from the Supreme Court in the last two years alone. Hear lessons learned, and issues opened and unresolved, for other troubled state and local governments.

 

Amy Caton, Kramer Levin Naftalis & Frankel LLP - New York, NY

12:45 pm
Lunch on Your Own

Thursday Afternoon, Nov. 15, 2018

Business Track

2:15 pm

0.50 hr ethics

In the Hot Seat: In-House Counsel as Witnesses

The use of in-house counsel as a witness has potential benefits and – more importantly – pitfalls for both the client and counsel. Learn what is the best way to navigate those ethical and legal pitfalls.

Eric D. Madden, Reid Collins & Tsai LLP - Dallas, TX

2:45 pm

0.50 hr

Adequate Protections

Evaluate the trends of adequate protection in the use, sale or lease of property of the estate. Focus on a few case studies and review the legal trends and types of adequate protection which courts have either recently approved or which may become more common in the future, especially as interest rates and liquidity tightens.

Patrick L. Hughes, Haynes and Boone, LLP - Houston, TX

3:15 pm

0.50 hr

Workout Tactics and Other Strategies to Avoid Chapter 11 Bankruptcy

With the expense of Chapter 11 increasing, what tactics or strategies should a restructuring professional consider if Chapter 11 bankruptcy is not the preferred alternative.

Kevin Mark Lippman, Munsch Hardt Kopf & Harr, P.C. - Dallas, TX
Mark Shapiro, GlassRatner - Dallas, TX

3:45 pm
Break

4:00 pm

0.75 hr

Expert Nightmares

Getting your expert’s opinion into the record and adopted by the Court can be the difference between victory and defeat. Using published opinions as a springboard, examine key turning points in assisting and persuading the Court with expert opinions.

Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
J. Ken Johnson, Martin | Walton LLP - Houston, TX

4:45 pm

0.75 hr

(Almost) Everything You Ever Wanted to Know About Chapter 11 Plans

Before heading off for cocktail hour, be sure to brush up on chapter 11 plan developments so you can be the life of the party. Discuss recent plan-related developments including substantive consolidation, “per plan” versus “per debtor” considerations, third-party releases, artificial impairment, good faith and a number of other issues that will keep your guests thoroughly entertained.

Aaron Michael Kaufman, Dykema Cox Smith - Dallas, TX
David W. Parham, Akerman - Dallas, TX
Alexandra Schwarzman, Kirkland & Ellis LLP - Chicago, IL

5:30 pm
Adjourn to Reception

Jay L. Westbrook Bankruptcy Conference Reception

Join program faculty and attendees for drinks and hors d'oeuvres.

Thank You to Our Reception Sponsor
AlixPartners LLP

Consumer Track

2:15 pm

0.75 hr
0.50 hr ethics

Jevic in the Consumer Context

Michael V. Baumer, Law Office of Michael Baumer - Austin, TX

3:00 pm

0.75 hr

Automatic Stay/Turnover

Is refusal to turn over property post-petition a violation of the stay? Discuss turnover after In Re Cowan, 849 F. 3rd 943 (10th Cir. 2017). 

Hon. Jeffrey P. Norman, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
David G. Peake, Chapter 13 Trustee - Houston, TX

3:45 pm
Break

4:00 pm

0.75 hr

Loss Mitigation in Texas

Not just for homestead! A committee of the Bankruptcy Law Section has submitted a loss mitigation program for statewide implementation to our bankruptcy judges. Hear the latest on the loan modification program proposed for Texas. 

Pamela A. Bassel, Standing Chapter 13 Trustee for the Northern District of Texas - Fort Worth, TX

4:45 pm

0.75 hr

Bankruptcy Exemptions - A Practical Approach

Bankruptcy Exemptions can be a debtor's best friend or worst nightmare if not used correctly. Attend this breakout session where Judges Gargotta and Rodriguez will discuss how to deal and not deal with exemption issues pre-bankruptcy. As an added bonus, a portable "Bankruptcy Exemption - Quick Reference Guide" prepared by the Judges is available to the first 50 attendees. Don't miss out!
 

Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - San Antonio, TX
Hon. Eduardo V. Rodriguez, U.S. Bankruptcy Court, Southern District of Texas - McAllen, TX

5:30 pm
Adjourn to Reception

Jay L. Westbrook Bankruptcy Conference Reception

Join program faculty and attendees for drinks and hors d'oeuvres.

Thank You to Our Reception Sponsor
AlixPartners LLP

Friday Morning, Nov. 16, 2018

7:45 am
Conference Room Opens

Includes continental breakfast.

8:15 am

0.75 hr
0.25 hr ethics

Legal Ethics About Cryptocurrencies

Bitcoin and others of the 1,600+ cryptocurrencies are headline news every day, but also possible assets of debtors in bankruptcy. Explore the ethical issues lawyers need to be aware of regarding cryptocurrencies.

John P. Melko, Foley Gardere, Foley & Lardner LLP - Houston, TX
John Rollins, Stout Risius Ross, LLC - New York, NY
Peter S. Vogel, Foley Gardere, Foley & Lardner LLP - Dallas, TX

9:00 am

0.75 hr
0.50 hr ethics

#NoTweetingAfterMidnight: Ethical Risks in Social Media Use

Hear valuable guidance on dealing with the ethical minefield that is social media. Using real world examples and ethics opinions, discuss the areas of practice in which social media use (or misuse) can present ethical and disciplinary concerns, as well as tips for using social media responsibly.

John G. Browning, Passman & Jones - Dallas, TX

9:45 am

0.75 hr

Courtroom Technology 

including practice tips

Hon. David R. Jones, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX

10:30 am
Break

10:45 am

0.50 hr

Circuit Splits

Discuss key decisions distinguishing the Fifth Circuit from other Circuits in business bankruptcy cases.

Christina W. Stephenson, Husch Blackwell LLP - Dallas, TX

11:15 am

0.50 hr

Venue Reform

Where is Senate Bill 2282?

Marcus A. Helt, Foley Gardere, Foley & Lardner LLP - Dallas, TX

11:45 am
Pick Up Lunch

Friday Afternoon, Nov. 16, 2018

LUNCHEON PRESENTATION

Thank You to Our Luncheon Sponsor

TBD

12:05 pm

0.75 hr

Marijuana and Bankruptcy: Just Say No!

Examine the intersection of Bankruptcy and Marijuana Laws. 

Kyung S. Lee, Diamond McCarthy LLP - Houston, TX
Steven N. Levine, Husch Blackwell LLP - Denver, CO

 
12:50 pm
Break

1:05 pm

0.50 hr

Fiduciary Duties In Other Systems 

Discuss how far from the United States they stray and are they right to do so? 

John Pottow, University Of Michigan Law School - Ann Arbor, MI

1:35 pm

0.75 hr

Individual Chapter 11’s and the Twists and Turns They Can Present

Explore what an individual Chapter 11 case is, what it isn’t, and how to identify and address some of the challenges you may experience along the way.
 

Stephanie E. Kaiser, Doerner Saunders Daniel & Anderson LLP - Fort Worth, TX
E. Lee Morris, Munsch Hardt Kopf & Harr, P.C. - Dallas, TX

2:20 pm
Break

2:35 pm

0.75 hr ethics

Ethical Considerations in Section 363 Sales

When (if ever) may insiders and court-approved professionals acquire bankruptcy estate assets? What must be disclosed? What ethical restrictions apply to sale negotiations? What are the consequences of unethical actions when transferring estate assets?

Susan M. Freeman, Lewis Roca Rothgerber Christie LLP - Phoenix, AZ

3:20 pm

1.00 hr

Judicial Spotlight

The old guard interviews the new guard. Hear Judges Isgur, Parker, and Gargotta facilitate conversation with Judges Rodriguez and Norman regarding judicial philosophies, procedures, and general practice tips. Come and learn more about what makes all of these judges tick!
 

Hon. Craig A. Gargotta, U.S. Bankruptcy Court, Western District of Texas - San Antonio, TX
Hon. Marvin Isgur, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Hon. Jeffrey P. Norman, U.S. Bankruptcy Court, Southern District of Texas - Houston, TX
Hon. Bill Parker, U.S. Bankruptcy Court, Eastern District of Texas - Tyler, TX
Hon. Eduardo V. Rodriguez, U.S. Bankruptcy Court, Southern District of Texas - McAllen, TX

4:20 pm
Adjourn

UT Law CLE

2018 Jay L. Westbrook Bankruptcy Conference

Faculty

Conference Faculty

R. Byrn "Byrnie" Bass Jr.
Attorney at Law
Lubbock, TX
Pamela A. Bassel
Standing Chapter 13 Trustee for the Northern District of Texas
Fort Worth, TX
Michael V. Baumer
Law Office of Michael Baumer
Austin, TX
John T. Bradford
Liskow & Lewis
Houston, TX
John G. Browning
Passman & Jones
Dallas, TX
Amy Caton
Kramer Levin Naftalis & Frankel LLP
New York, NY
Hon. Leif M. Clark
Leif M. Clark Consulting, PLLC
San Antonio, TX
Susan M. Freeman
Lewis Roca Rothgerber Christie LLP
Phoenix, AZ
Hon. Craig A. Gargotta
U.S. Bankruptcy Court, Western District of Texas
San Antonio, TX
Marcus A. Helt
Foley Gardere, Foley & Lardner LLP
Dallas, TX
Patrick L. Hughes
Haynes and Boone, LLP
Houston, TX
Hon. Marvin Isgur
U.S. Bankruptcy Court, Southern District of Texas
Houston, TX
J. Ken Johnson
Martin | Walton LLP
Houston, TX
Hon. David R. Jones
U.S. Bankruptcy Court, Southern District of Texas
Houston, TX
Stephanie E. Kaiser
Doerner Saunders Daniel & Anderson LLP
Fort Worth, TX
Aaron Michael Kaufman
Dykema Cox Smith
Dallas, TX
Deborah B. Langehennig
Chapter 13 Trustee
Austin, TX
Kyung S. Lee
Diamond McCarthy LLP
Houston, TX
Steven N. Levine
Husch Blackwell LLP
Denver, CO
Kevin Mark Lippman
Munsch Hardt Kopf & Harr, P.C.
Dallas, TX
Eric D. Madden
Reid Collins & Tsai LLP
Dallas, TX
Sylvia A. Mayer
S. Mayer Law PLLC
Houston, TX
John P. Melko
Foley Gardere, Foley & Lardner LLP
Houston, TX
E. Lee Morris
Munsch Hardt Kopf & Harr, P.C.
Dallas, TX
Hon. Jeffrey P. Norman
U.S. Bankruptcy Court, Southern District of Texas
Houston, TX
David W. Parham
Akerman
Dallas, TX
Hon. Bill Parker
U.S. Bankruptcy Court, Eastern District of Texas
Tyler, TX
David G. Peake
Chapter 13 Trustee
Houston, TX
John Pottow
University Of Michigan Law School
Ann Arbor, MI
Bill Rochelle
American Bankruptcy Institute
New York, NY
Hon. Eduardo V. Rodriguez
U.S. Bankruptcy Court, Southern District of Texas
McAllen, TX
John Rollins
Stout Risius Ross, LLC
New York, NY
Edward L. Rothberg
Hoover Slovacek LLP
Houston, TX
Alexandra Schwarzman
Kirkland & Ellis LLP
Chicago, IL
Mark Shapiro
GlassRatner
Dallas, TX
Christina W. Stephenson
Husch Blackwell LLP
Dallas, TX
Peter S. Vogel
Foley Gardere, Foley & Lardner LLP
Dallas, TX
Jay L. Westbrook
The University of Texas School of Law
Austin, TX
Deborah D. Williamson
Dykema Cox Smith
San Antonio, TX

Planning Committee

Omar J. Alaniz—Chair
Baker Botts
Dallas, TX
Hon. John C. Akard
U.S. Bankruptcy Judge, Retired
Tomball, TX
R. Byrn "Byrnie" Bass Jr.
Attorney at Law
Lubbock, TX
Michael V. Baumer
Law Office of Michael Baumer
Austin, TX
John D. Baumgartner
Stout Advisory
Houston, TX
Charles A. Beckham Jr.
Haynes and Boone, LLP
Houston, TX
Jason Lee Boland
Norton Rose Fulbright
Houston, TX
Hon. Leif M. Clark
Leif M. Clark Consulting, PLLC
San Antonio, TX
Michael P. Cooley
Bryan Cave LLP
Dallas, TX
Roger Cox
Underwood Law Firm, P.C.
Amarillo, TX
Sean B. Davis
Winstead PC
Houston, TX
Hon. Tony M. Davis
U.S. Bankruptcy Court, Western District of Texas
Austin, TX
Vickie L. Driver
Husch Blackwell LLP
Dallas, TX
Hon. Stacey G. C. Jernigan
U.S. Bankruptcy Court, Northern District of Texas
Dallas, TX
Hon. Robert Lee Jones
U.S. Bankruptcy Court, Northern District of Texas
Lubbock, TX
Aaron Michael Kaufman
Dykema Cox Smith
Dallas, TX
Deborah B. Langehennig
Chapter 13 Trustee
Austin, TX
Kyung S. Lee
Diamond McCarthy LLP
Houston, TX
Demetra L. Liggins
Thompson & Knight LLP
Houston, TX
Angela Littwin
The University of Texas School of Law
Austin, TX
Christopher Manuel Lopez
Weil, Gotshal & Manges LLP
Houston, TX
Jay H. Ong
Munsch Hardt Kopf & Harr, P.C.
Austin, TX
Rebecca L. Petereit
Vinson & Elkins LLP
Dallas, TX
Michael R. "Buzz" Rochelle
Rochelle McCullough, L.L.P.
Dallas, TX
April Rogers
The University of Texas School of Law
Austin, TX
Charlie Shelton
Office of the Texas Attorney General
Austin, TX
Vicki M. Skaggs
Atlas Hall & Rodriguez LLP
McAllen, TX
Patricia Baron Tomasco
Jackson Walker LLP
Austin, TX
Mark W. Wege
Dentons US LLP
Houston, TX
Jay L. Westbrook
The University of Texas School of Law
Austin, TX
Deborah D. Williamson
Dykema Cox Smith
San Antonio, TX

UT Law CLE

2018 Jay L. Westbrook Bankruptcy Conference

Credit Information

MCLE Credit

Texas
13.50 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Expected for 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
13.50 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. 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.  
Louisiana – Expected
13.50 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. UT Law CLE will report credit on your behalf to the Supreme Court of Louisiana Continuing Legal Education Committee within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Oklahoma – Expected
16.00 hrs  |  3.00 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
16.00 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

2018 Jay L. Westbrook Bankruptcy Conference

Key Dates

Austin

  • Last day for Individual early registration: Nov 7, 2018
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Nov 9, 2018
  • Last day for cancellation (partial refund): Nov 12, 2018
    $50 processing fee applied

UT Law CLE

2018 Jay L. Westbrook Bankruptcy Conference

Hotel / Venue

Austin

Four Seasons Hotel

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

Accommodations

A limited amount of city view rooms are available at a special room rate of $285/night and lake view rooms are $310/night. To receive the discounted rates, please contact the reservations department at 512-685-8100 and mention UT Law Bankruptcy Law 2018. Rates will be available until October 15, 2018 or until the room block is exhausted, whichever comes first. 

Parking Information

$12 daily self-parking; $16 valet
$45 overnight self or valet
(subject to change) 

UT Law CLE

2018 Jay L. Westbrook Bankruptcy Conference

Sponsors