14th Annual Southeast Bankruptcy Workshop

Complete this registration form, make check payable to American Bankruptcy Institute and return to: ABI, P.O. Box 34709 Alexandria, VA 22334-0709, ATTN: SE09. Credit card payments can be faxed to (866) 921-1027. Register online at www.abiworld.org/SE09.

Name ______________________________________________ Nickname ___________________________________

Title: _______________________________________________ Firm/Company _______________________________

Address __________________________________________________________________________________________

City ________________________________________________ State _____________ Zip _____________________

Phone _____________________Fax _____________________ E-mail _____________________________________

1. Conference Rates* Early Bird Regular Late (postmarked by 5/29/09) (5/30/09-7/17/09) (after 7/17/09)

ABI/Member o $545 o $595 o $645Gov’t/Academic/Nonprofit o $345 o $395 o $445Non-Member** o $795 o $845 o $895Gov’t/Academic/ Non-Member** o $440 o $490 o $540Exhibitor o $1,600Exhibitor/ Non-Member** o $1,875Extra Booth Represenative o $300 2. Continuing Education Credito CLE/CPE Credit State(s) ____________________________ Bar No. _____________________________ (circle one)

3. ABI Annual Membership Renewal (Optional)Regular o $275 $ ________Govt./Academic/Nonprofit o $95 $ ________

4. Guest Information (If Applicable)

Guest 1 Name _______________________________ Guest 2 Name _____________________________ (Please attach additional page if more than 2 guests.) ABI defines a “guest” as a spouse, child or companion–not a professional colleague. If a profes-sional colleague is found to be registered as a guest, ABI reserves the right to cancel his or her event registration. Any person not meeting the criteria of “guest” who wishes to participate in any ABI function at the conference is required to register separately at the full conference rate.

5. Optional Events Price Self Guest 1 Guest 2 Guest 3 SubtotalDeep-water Fishing Tournament $50 o o o o ________Opening Reception * o* ________ Opening Reception Guest $50 o o o ________ Opening Reception Child (age 13 and under) $25 o o o ________Golf Tournament $125 o o o o ________ Handicap(s) _______________ Sea Turtle/Shrimping Adventure $125 o o o o ________Historic Savannah Tour $95 o o o o ________Tennis Tournament $50 o o o o ________Golf Round at Sea Pines $175 o o o o ________Friday Night Dinner Dance $25 o ________ Dinner Dance Guest $75 o o o ________ Dinner Dance Child (age 13 and under) $35 o o o ________

* No cost to registrant. Please attach additional page if more than 3 guests. $ ________

6. ABI Going Greeno If you would like to receive the educational materials only in CD-Rom format, please check this box.

7. Payment TOTAL $______________o Check payable to American Bankruptcy Institute enclosed. o e o y o w

Acct. No. ______________________________________________________________________Exp. Date __________

Signature _________________________________________________________________________________________

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July 29 ~ August 1, 2009 The Westin Hilton Head Island Resort & SpaHilton Head Island, South Carolina

* Registration rates include:• OpeningReception• Breakfasts• Allrefreshmentbreaks• WrittenmaterialsandCD-Rom** Includes one-year ABI Membership ($275 value)

www.abiworld.org/SE09

14th AnnuAlSoutheAStBAnkRuptcyWoRkShop

Conference InformationHotelLocated within the gracious Port Royal Plantation, the magnificently renovated Westin Hilton Head Island Resort & Spa is set on a pristine stretch of sandy white beach along the Atlantic. Grab a chair and relax, take time out for yourself or get on a bike and explore. Whether it is on one of the three Port Royal championship golf courses or its award-winning tennis courts, a visit to the Heavenly Spa by Westin or simply watching the day go by from a lounge chair by one of the pools, the Westin Hilton Head Island Resort & Spa offers endless ways to renew. Each guest room comes with its own private patio or balcony—allowing you to enjoy the naturally soothing surroundings of Hilton Head Island, in addition to the comfort of the Old South décor. From the state-of-the-art WestinWORKOUT® Gym, where you can invigorate with a full-body fitness routine, to the bicycle and jogging paths, three championship golf courses and 16 tennis courts, Port Royal Plantation offers a bounty of stimulating activities to choose from. Explore other area favorites such as kayaking, sailing, deep-sea fishing and horseback riding. Let your senses guide you through palmetto-lined boardwalks, lush gardens, serene fountains and enchanting lagoons to a tranquil oasis. UNWIND, Westin’s evening ritual, encourages you to reflect and rejuvenate as you make your journey from day to night, enjoying food, drink and a unique ambience.

ABI has negotiated a special conference rate of $305 single/double per night for either an Island or Ocean View, a VIP or Director’s Jacuzzi Suite. Hotel registration information will be given upon conference registration. Rooms are available on a first-come, first-serve basis. ABI cannot guarantee registrants a room after June 26th, 2009, or once the ABI room block is sold out.

Westin Kids Club®

Calling all kids! With crafts, games, trips to the beach and the pool, Westin Kids Club® offers young guests the chance to discover the resort from a unique and entertaining perspective. Available seven days a week, Westin Kids Club® is the place to be for children (ages 4-12) who are looking to make the most of their vacation while they make new friends along the way. Pre-registration is required. Please call (843) 681-4000 for more information.

Cancellation PolicyAll fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by July 17, 2009. No refunds will be honored after July 17, but substitutions will be allowed.

TransportationAir: There are two nearby airports: the Savannah Hilton Head International Airport (SAV), which is approximately 45 minutes away, or the Hilton Head Island Airport (HHH), which is just 10 minutes from the resort. For fare and schedule information and to make reservations, please visit www.aa.com and use promotion code A6779AD, or call (800) 433-1790 and refer to STARfile authorization index number S20416.

Ground: Avis car rental discounts are available using the Avis Worldwide discount number (T312999). Call (800) 458-9383 or book online at www.avis.com.

Continuing EducationApproval for approximately 9 hours of CLE credit is available, including 2.5 hours of ethics. CPE credit is also available; mark the appropriate box on the registration form. California MCLE—ABI certifies that this activity has been approved for MCLE credit by the State Bar ofCalifornia in the amount of 9 hours.

*ABI offers intermediate–advanced level courses, which have no prerequisites for attendance. ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN, 37219-2417, or www.nasba.org. For more information regarding administrative policies such as complaint and refund, please contact the American Bankruptcy Institute at 703-739-0800. ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, ABI may allow the individual to work at the registration area for a few hours during attendee check-in, or assist in conference set up. ABI also has reduced rates for government employees, professors, law clerks and students. For information on tuition assistance, send an e-mail to [email protected].

We extend our special thanks to Thomson West Reuters for providing the printed educational materials and totebags, KPMG Corporate Finance LLC for the Conference notepads, BMC Group for the hotel key cards and Garden City Group, Inc. for the Conference lanyards.

Special Thanks

CLE Programs & ABC Exams

Wednesday, July 299:00 a.m.-5:00 p.m. American Board of Certification Exams The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams. Details on the certification process, exam composition and sample exam can be obtained by calling ABC at (315) 365-2222, by e-mailing [email protected] or by visiting the ABC Web site at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.

American Board of Certification Exams Wednesday, July 29, 9:00 a.m.-5:00 p.m. at the The Westin Hilton Head Island Resort & Spa Call (315) 365-2222 or e-mail [email protected] for details. o Consumer Bankruptcy Exam o Business Bankruptcy Exam o Creditors’ Rights Exam ($125 exam fee) Make check payable to American Board of Certification and return with this clipping to: American Board of Certification, The American Building, 101 Second Street SE, Ste. 904, Cedar Rapids, IA 52401.

o Credit Card (Charge to account no. provided for conference.) A Short Form Application and fee ($495) are also required prior to the exam. Please go to www.abcworld.org if you have not submitted the application.

Thursday, July 307:30-9:00 a.m.Plenary SessionoThe Fall of Boris Badenough: Ethical Issues for Lawyers in Representing “Unusual” Clients

9:15-10:45 a.m.Concurrent Workshops (please select only one)

oDead Dirt: Part 1 oJumping the Queue: Administrative, Priority and Reclamation Claims in Chapter 11 Cases oHot Topics in Chapter 13 Cases: Part 1 of 3oSwimming in Shark-infested Waters: Ponzi Schemes and Fraud in Bankruptcy

11:00 a.m.-12:30 p.m.Concurrent Workshops (please select only one)

oDead Dirt: Part 2 oHot Consumer Topics in Chapter 7 oLenders Under Fire: Strategies for and Defenses to Extracting Money from Lenders in Consumer and Business CasesoDead Dealers: Problems and Challenges with Auto-dealer Insolvencies

Friday, July 317:30-9:00 a.m.Plenary Session oConsumer Law Update 2009





Saturday, August 17:30-9:00 a.m.Plenary Session oBusiness Law Update 2009


oDead Dirt: Part 1 oJumping the Queue: Administrative, Priority and Reclamation Claims in Chapter 11 Cases oHot Topics in Chapter 13 Cases: Part 3 of 3 oSwimming in Shark-infested Waters: Ponzi Schemes and Fraud in Bankruptcy



s C. R. “Chip” Bowles, Jr., Co-Chair Greenebaum Doll & McDonald PLLC; Louisville, Ky.s David B. Wheeler, Co-Chair Moore & Van Allen; Charleston, S.C.s Hon. Mary Grace Diehl, Judicial Chair U.S. Bankruptcy Court (N.D. Ga.); Atlantas Sara Robinson Borders King & Spalding; Atlanta s Robert Byrd Byrd & Wiser; Biloxi, Miss.s Douglas M. Foley McGuire Woods LLP; Norfolk, Va.s Diane P. Furr Poyner & Spruill LLP; Charlotte, N.C.s Terri L. Gardner Nelson Mullins Riley & Scarborough, LLP; Raleigh, N.C.

s David W. Houston, IV Burr & Forman; Nashville, Tenn.s Jeffrey W. Kelley Troutman Sanders LLP; Atlanta s Jerry D. Markowitz Markowtiz Davis Ringel & Trusty, P.A.; Miamis Michael M. Newsom Bridge Associates LLC; Safety Harbor, Fla. s Paul L. Orshan Paul L. Orshan, P.A.; Coral Gables, Fla.s Patricia A. Redmond Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.; Miami s Robert P. Reynolds Reynolds Reynolds & Duncan LLC; Tuscaloosa, Ala.

14th AnnualSoutheast Bankruptcy Workshop Advisory Board

Welcome back to Hilton Head Island and the South Carolina Lowcountry! Hilton Head Island remains harmonious with nature with its natural beauty and environmentalist design. Surrounded by world-class resorts, amenities and activities, Hilton Head Island is a destination incomparable to other resort Sea Islands. Discovering the bounty of Hilton Head, you know there’s something special about this island. From the moment of arrival, whether crossing the arc of the bridge, flying over the sea and marshlands or navigating the surrounding water to dock in the Harbour, there is the immediate sense of being removed from the rest of the world. Miles of dazzling white-sand beaches, brilliant green salt marshes and rivers and stately maritime forests under a canopy of bright Carolina-blue skies provide the perfect environment for an unforgettable conference. Hilton Head Island boasts 23 world-class golf courses that include the challenging Harbour Town Golf Links, which is home to the annual PGA Tournament, the Verizon Heritage Golf Classic. Hilton Head Island also offers more than 350 tennis courts for casual or tournament play. Guests can enjoy fishing, sailing, dolphin watching, shrimping, crabbing or just relaxing on the 12 miles of beautiful Atlantic Coast beaches, and the seafood is always fresh and succulent. Hilton Head Island’s seaside magic and lyrical beauty leave an indelible imprint of cherished memories.

Event Sponsors Alvarez & MarsalBDO ConsultingEquity Partners, Inc.GlassRatner Advisory & Capital Group LLCHays Financial Consulting, LLCMcGuireWoods LLPMoore & Van Allen, PLLCMorrisAnderson & Associates, Ltd.

Please join ABI in acknowledging the generous support of our 2009 Sponsors.

2009 Executive Partners

2009 Presidential Partner

West is well known for its comprehensive collection of practice and analytical research tools, helping practitioners stay current on the latest bankruptcy changes. Foremost in its collection is the Norton Bankruptcy suite of publications. Highly regarded for its forward-looking analysis from over 100 leading bankruptcy authorities, the Norton materials can guide any practitioner through the complexities of bankruptcy reform. ABI members are eligible for a 20% discount off new subscription prices for selected West bankruptcy publications. Use promotion code 557651 when checking out at our store, www.west.thomson.com/bankruptcy.

14th AnnualSoutheast Bankruptcy Workshop Sponsors

Supporting SponsorsAlston & Bird LLPBerger Singerman IWIRC Carolinas NetworkIWIRC Florida NetworkIWIRC Georgia NetworkIWIRC Virginia NetworkKapila & CompanyMessana Rosner & Stern LLPMichael E. Moecker & Associates, Inc.

Premium SponsorsAlgon Group LLCAnderson Bauman Tourtellot Vos & CompanyBridge Associates LLCBilzin Sumberg Baena Price & Axelrod LLPBurr & Forman LLPCRG PartnersGenovese Joblove & Battista, PAGrayRobinson, PAGreenebaum Doll & McDonald PLLCKing & Spalding LLPMarkowitz, Davis, Ringel & Trusty, PAMesirow Financial Consulting LLCNelson Mullins Riley & Scarborough, LLPPoyner & Spruill, LLPResurgence Financial Services, LLCReynolds, Reynolds & Duncan, LLCStearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PATroutman Sanders LLPWomble Carlyle Sandridge & Rice PLLC

14th Annual Southeast Bankruptcy Workshop Program

Wednesday, July 299:00 a.m.-5:00 p.m. American Board of Certification Exams

11:00 a.m.-4:00 p.m. Optional Event: Deep-water Fishing TournamentSponsored by Hays Financial Consulting, LLC

2:00-6:00 p.m.Registration Desk and Exhibit Hall Open

6:00-8:00 p.m.Opening ReceptionSponsored by Alvarez & Marsal Corporate Finance

8:00-11:00 p.m.IWIRC Dessert Reception (by invitation) Sponsored by IWIRC Carolinas Network, IWIRC Florida Network, IWIRC Georgia Network and IWIRC Virginia Network

Thursday, July 307:00 a.m.-12:30 p.m.Registration Desk and Exhibit Hall Open

7:00-7:30 a.m. Breakfast Sponsored by Equity Partners, Inc.

7:30-9:00 a.m.Plenary SessionThe Fall of Boris Badenough: Ethical Issues for Lawyers in Representing “Unusual” ClientsThis evidence and ethics presentation explores the ethical issues faced when representing failed financial entities and their principals. This presentation, a foot-in-mouth “mock trial in two acts,” concentrates on key ethics and evidence issues involving allegations of fraud, financial malfeasance—or just plain stupidity.

Our Cast: Announcer: C.R. “Chip” Bowles Jr. Greenebaum Doll & McDonald PLLC Louisville, Ky.

Boris Badenough: Robin E. Phelan Haynes and Boone, LLP; Dallas

Big Jim Hunt Silver: Carl H. Young, III Bridge Associates LLC; New York

Boris’s Attorney: Diane P. Furr Poyner & Spruill LLP; Charlotte, N.C.

Big Jim’s Attorney: J. Ted Donovan Goldberg Weprin Finkel & Goldstein, LLP New York

Distinguished Panel Members# Cynthia P. Burnette Office of the U.S. Trustee; Tampa, Fla.# James S. Feltman Mesirow Financial Consulting, LLC; Miami# Hon. J. Rich Leonard U.S. Bankruptcy Court (E.D.N.C.); Raleigh

9:00-9:15 a.m.Refreshment Break Sponsored by McGuireWoods LLP

9:15-10:45 a.m.Concurrent Workshops (4)Dead Dirt: Part 1 Bankruptcy Question of the Day: Did the real estate market kill the economy? That remains to be seen, but our panel will address the many important issues arising from the recent wave of business real estate bankruptcies.

# Patricia A. Redmond (Moderator) Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami# Paul J. Battista Genovese Joblove & Battista, PA; Miami# William G. Londrey Tranzon LLC; Richmond, Va.# Hon. C. Ray Mullins U.S. Bankruptcy Court (N.D. Ga.); Atlanta# James Lee Paul Chamberlain Hrdlicka White Williams & Martin; Atlanta

Jumping the Queue: Administrative, Priority and Reclamation Claims in Chapter 11 Cases This panel will address how to deal with issues related to “special” unsecured claims from the perspective of debtor, committee and individual creditors with emphasis on §503(b)(9) pre-petition administrative claims and §546 reclamation issues.

# Lawrence R. Ahern, III (Moderator) Burr & Forman LLP; Nashville, Tenn.# Paula S. Beran Tavenner & Beran, PLC; Richmond, Va.# Daniel F. Dooley MorrisAnderson & Associates, Ltd.; Chicago# Hon. Douglas O. Tice, Jr. U.S. Bankruptcy Court (E.D. Va.); Richmond

Hot Topics in Chapter 13 Cases: Part 1 of 3 A Three-part Discussion of Important Current Practice Issues in Sophisticated Chapter 13 Cases, and with Congress’ Agreement, Residential Mortgage Modifications.* Throughout the three sessions, panelists will discuss: (1) pending legislation or enacted law regarding bankruptcy judges’ authority to modify residential mortgages; (2) post-confirmation issues, such as mortgage lender violations of the discharge injunction and a debtor’s duty to disclose assets acquired post-confirmation; (3) issues related to the “means test” in chapter 13 cases, such as the meaning of “projected disposable income,” “applicable monthly expense amounts,” “payments on account of secured debt” and “household size”; (4) issues relating to the “hanging paragraph,” such as the effect of negative equity on a PMSI and the effect of surrender on a 910 car claim; and (5) myriad issues regarding chapter 13 plans, such as increasing plan payments after debt payoff, the applicable commitment period, good faith and the meaning of “equal monthly payments.” Panelists intend to focus on (1) and (2) in the first session, (3) in the second session, and (4) and (5) in the third session, although this may vary depending on recent developments in Congress and case law, as well as time constraints.

*ABI is attempting to obtain separate CLE credit for each of the three sessions, but the results of those attempts may vary by state, and attendees may only receive credit for one session.

# Felicia S. Turner (Moderator) American Bankruptcy Institute; Alexandria, Va.# O. Byron Meredith, III Chapter 13 Trustee; Savannah, Ga.# Richard H. Thomson Clark & Washington, PC; Atlanta# Hon. Michael G. Williamson U.S. Bankruptcy Court (M.D. Fla.); Tampa

Swimming in Shark-infested Waters : Ponzi Schemes and Fraud in Bankruptcy: As Warren Buffet observed, when the economic tide goes out, you find out who’s been swimming naked. This presentation provides an overview of the unusual issues arising in cases of actual fraud.

# Robert E. Weld (Moderator) Tatum LLC; Vero Beach, Fla.# Richard H. Engman Jones Day; New York# John C. “Kit” Weitnauer Alston & Bird LLP; Atlanta

10:45-11:00 a.m.Refreshment BreakSponsored by Alston & Bird LLP

11:00 a.m.-12:30 p.m.Concurrent Workshops (4)Dead Dirt: Part 2 Real estate is not just a business issue anymore. This group will review hot real estate issues that impact closely-held businesses and guarantors in smaller chapter 11 and chapter 13 business cases, and will offer practical solutions to these world problems.

# Robert P. Reynolds (Moderator) Reynolds, Reynolds & Duncan, LLC; Tuscaloosa, Ala.# Hon. Robert Mark U.S. Bankruptcy Court (S.D. Fla.); Miami# Michael Thompson Thompson, O’Brien, Kemp & Nasuti, PC; Norcross, Ga.# Robert L. Shields, III Tanner & Guin, LLC; Birmingham, Ala.

Hot Consumer Topics in Chapter 7 Everything you wanted to know about core issues in chapter 7 cases, including topics such as exemptions, claims objections, reaffirmations, abuse under 11 U.S.C. §707(b) when the debtor has surrendered property, and 11 U.S.C. §521 automatic dismissal, as well as other timely issues.

# Donald F. Walton (Moderator) U.S. Trustee, Region 21; Atlanta# Michael J. Cox Michael J. Cox Attorney at Law, LLC; Columbia, S.C.# Neil C. Gordon Arnall Golden Gregory LLP; Atlanta# Hon. Laurel Myerson Isicoff U.S. Bankruptcy Court (S.D. Fla.); Miami

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Lenders Under Fire: Strategies for and Defenses to Extracting Money from Lenders in Consumer and Business CasesThis panel will discuss many of the recent developments in actions that are being filed against lenders in the bankruptcy courts. In business cases, the lack of equity to pay unsecured creditors means that parties are seeing more ways to leverage lenders into leaving funds on the table for other creditors. The motives are different in consumer cases where lenders are being sanctioned for alleged “misbehavior” in their treatment of consumer debtors. # Terri L. Gardner (Moderator) Nelson Mullins Riley & Scarborough, LLP; Raleigh, N.C.# Eric W. Anderson Parker, Hudson, Rainer & Dobbs LLP; Atlanta# Thomas W. Anderson Pilot Mountain, N.C.# Rudy J. Cerone McGlinchey Stafford, PLLC; New Orleans# Hon. Mary Grace Diehl U.S. Bankruptcy Court (N.D. Ga.); Atlanta# Robert M. Hirsh Arent Fox LLP; New York

Dead Dealers: Problems and Challenges with Auto-dealer InsolvenciesAutomotive bankruptcies are no longer just for suppliers and the Big Three. This panel tackles important issues in auto-dealer bankruptcies, including floor planning, property-of-the-estate issues, executory-contract issues and other matters.

# Jeffrey W. Kelley (Moderator) Troutman Sanders LLP; Atlanta# Keith Northern NachmanHaysBrownstein, Inc.; Narberth, Pa.# Charles M. Tatelbaum Adorno & Yoss LLP; Ft. Lauderdale, Fla.# Hon. James D. Walker, Jr. U.S. Bankruptcy Court (M.D. Ga.); Macon

1:00 p.m.Optional Event: Annual Golf Tournament and PGA Tour Academy Workshop

1:00-6:00 p.m. Optional Event: Sea Turtle Presentation and Shrimping Adventure

Program {continued}

ABI Journal, the flagship publication of ABI, reaches more than 12,000 insolvency professionals. Advertisers can reach top-tier decision makers through the Institute’s 10 ABI Journal issues each year.

Advertising Opportunities

Friday, July 317:00-7:30 a.m.Breakfast Sponsored by BDO Seidman LLP

7:30-9:00 a.m.Plenary Session Consumer Law Update 2009 Consumer cases have been rising quickly, and your need to know the latest developments is critical. This session is a review of cases focusing on circuits in the Southeast.

# Hon. William H. Brown U.S. Bankruptcy Court (ret.); Carbondale, Colo.# Prof. Jeffrey W. Morris University of Dayton School of Law and of Counsel, Porter Wright, Morris & Arthur; Dayton, Ohio

9:00 a.m.-3:00 p.m. Optional Event: Tour of Historic Savannah, with lunch at The Lady & Her Sons

9:00-9:15 a.m.Refreshment BreakSponsored by King & Spalding LLP

9:15-10:45 a.m.Concurrent Workshops• Dead Dirt: Part 2 • Hot Consumer Topics in Chapter 7 • Lenders Under Fire: Strategies for and Defenses to Extracting Money from Lenders in Consumer and Business Cases• Dead Dealers: Problems and Challenges with Auto-dealer Insolvencies

10:45-11:00 a.m.Refreshment BreakSponsored by Moore & Van Allen, PLLC

11:00 a.m.-12:30 p.m.Concurrent Workshops• Dead Dirt: Part 1 • Jumping the Queue: Administrative, Priority and Reclamation Claims in Chapter 11 Cases • Hot Topics in Chapter 13 Cases: Part 2 of 3• Swimming in Shark-infested Waters: Ponzi Schemes and Fraud in Bankruptcy

1:00 p.m.Optional Event: Golf Round at Sea Pines

Optional Event: Tennis Tournament

7:00-10:00 p.m.Final Night Dinner DanceEntertainment Sponsored by Bridge Associates LLC

Saturday, August 17:00-7:30 a.m.Breakfast Sponsored by GlassRatner Advisory & Capital Group LLC

7:30-9:00 a.m.Plenary Session Business Law Update 2009 What a difference a year makes. With the current economic crisis, it is vital to know the important case law and other critical developments in business practice.

# Hon. William H. Brown U.S. Bankruptcy Court (ret.); Carbondale, Colo.# Prof. Jeffrey W. Morris University of Dayton School of Law; Dayton, Ohio

9:00-9:15 a.m.Refreshment Break Sponsored by Moore & Van Allen, PLLC

9:15-10:45 a.m.Concurrent Workshops• Dead Dirt: Part 1 • Jumping the Queue: Administrative, Priority and Reclamation Claims in Chapter 11 Cases • Hot Topics in Chapter 13 Cases: Part 3 of 3 • Swimming in Shark-infested Waters: Ponzi Schemes and Fraud in Bankruptcy

10:45-11:00 a.m.Refreshment Break

11:00 a.m.-12:30 p.m.Concurrent Workshops• Dead Dirt: Part 2 • Hot Consumer Topics in Chapter 7 • Lenders Under Fire: Strategies for and Defenses to Extracting Money from Lenders in Consumer and Business Cases• Dead Dealers: Problems and Challenges with Auto-dealer Insolvencies

12:30 p.m.Adjourn

Optional Events Deep-water Fishing Tournament Sponsored by Hays Financial Consulting, LLC

Wednesday, July 29, 11:00 a.m.-4:00 p.m.

The waters surrounding Hilton Head Island offer anglers an exciting adventure. Artificial reefs are only a few miles from the coast. Whether you are an experienced angler or a novice, the captain and mate will satisfy all of your fishing needs to reel in local favorites including Spanish and king mackerel, tarpon, cobia, spot tail bass or even shark. The $50-per-person fee includes round-trip transportation from the Westin, all boat fees and gratuities, lunch and drinks, and a $500 cash purse. All boats have restroom facilities, but remember to bring sunblock, a hat, soft-soled deck shoes and a strong back for fighting the “Big One”! Please check the appropriate box on the registration form.

Annual Golf Tournament and PGA Tour Academy WorkshopThursday, July 30, 1:00 p.m.

The annual Golf Tournament will be held at Port Royal Golf and Racket Club’s Robber’s Row Course. Designed by noted architects George Cobb and Willard Byrd in the early 1970s and redesigned in 1994 by world-famous architect Pete Dye, the course is located on the scenic marsh side of the Port Royal Plantation and cuts through beautiful stands of magnolia and live oaks. The course sits atop former Civil War grounds and features historical markers throughout the course describing events that took place on the Island. Although tee shots have generous fairways in which to land, approach shots require accuracy to the well-protected greens. Robber’s Row is a course rich in history and a challenge to any golfer. Prior to the tournament, you can hone your skills with a Short Game Clinic presented by the certified instructors of the PGA Tour Academy. This intensive hands-on course will address the inside secrets of the “Seven Possible Short Game Shots” and hands-on practice at Palmetto Hall’s fabulous short-game practice facility. The $125 fee includes lunch, clinic, tournament and greens fees, golf cart and prizes. Please check the appropriate box on the registration form to play, and indicate your handicap.

Sea Turtle Presentation and Shrimping Adventure Thursday, July 30, 1:00-6:00 p.m.

Start your nature adventure with a one-hour presentation covering the biology of the six species of sea turtles that can be found in our coast (leatherback, green, olive ridley, Kemp’s ridley, hawksbill and loggerhead). Their natural history challenges and threads will be explained, as well as their current conservation status. The presentation will then focus on the loggerhead sea turtles, which nest on Hilton Head Island every year. The program is presented through the Town on Hilton Head Island, the Coastal Discovery Museum and the Hilton Head Sea Turtle Protection Project. Next, travel the waters of “Forrest Gump” for a three-hour shrimping adventure! Let Captain John Carter show you the bounty of the South Carolina coast aboard the “Tammy Jane.” Captain John is one of the area’s top captains, naturalists and fishermen, with multiple tournaments and record fish under his belt. His wealth of knowledge and experience guarantee the best shrimping experience possible. Space is limited. The $125 fee includes naturalist guide, drinks and round-trip transportation. Please check the appropriate box on the registration form.

Tour of Historic Savannah, with Lunch at The Lady and & Her Sons Friday, July 31, 9:00 a.m.-3:00 p.m.

One of the most enchanting destinations in the United States, Savannah is adorned with extraordinary architecture, lush botanicals and charming city squares. As the oldest city in Georgia, Savannah has long been known for shipping cotton. As early as 1733, settlements were sprouting up along the Savannah River and increasing port traffic. During the Civil War, General William Sherman spared Savannah from his fiery march to the sea because of its beauty. Join us for a fascinating tour of Savannah, the largest restored urban district in America. On River Street, you will find waterfront restaurants, cafes, shops and boutiques. Come experience the legends and ghost stories that infuse so much of Savannah’s mysterious past. Our tour will take us on a visit to one of Savannah’s historic house museums. Midway through the tour, you will enjoy a splendid lunch of Lowcountry home cooking at The Lady & Her Sons, owned and operated by renowned Chef Paula Deen and her sons Jamie

and Bobby. Our expert tour conductors relate the history, legends and lore that have shaped Savannah into a unique place that is known as one of the most romantic and haunted cities in America. The $95 fee includes guide service, round-trip transportation, site admission and all-you-care-to-eat lunch at The Lady & Her Sons. Please check the appropriate box on the registration form.

Golf Round at Sea Pines Friday, July 31, 1:00 p.m.

Play the legendary Sea Pines Resort, home of Harbour Town, and try your hand on the new multimillion-dollar Heron Point. Designed by Pete Dye, legendary course architect, Heron Point is nothing short of a modern work of art, the centerpiece of any Hilton Head Island golf vacation. Fairways have been reshaped into dramatic angles and shifting elevations, while surfaces are a mixture of sand, mulch, limestone and different grasses, offering a kaleidoscope of appealing color changes. As the second course at the Sea Pines Resort designed by Dye, Heron Point lives up to its prestigious reputation with challenging new features. Heron Point is rated the #1 new course in South Carolina by the SC Golf Course Ratings Panel, and 25th best in the state overall. The $175 fee includes lunch, shuttle to/from the course, greens fees and golf cart. Please check the appropriate box on the registration form to play, and indicate your handicap.

Tennis TournamentFriday, July 31, 1:00 p.m.

The clay courts of the Westin will be the site for our annual round robin tournament. Join us at the courts for lunch, beverages and plenty of tennis. The $50 fee includes tournament fees, box lunch, beverage and prizes. Please check the appropriate box on the registration form.

The ABI Endowment Fund was created in 1989 to provide resources for research and education.

Projects eligible for funding include studies relating to bankruptcy or insolvency; surveys or other analytical investigation; the education of judges, court personnel, other governmental personnel and the general public; scholarships or other educational grants; and any other projects with a material research or educational benefit to the bankruptcy and insolvency community. More than $800,000 has been distributed. Contributions are tax deductible. The ABI Endowment is a 501(c)(3) tax-exempt organization.

To donate to the fund, please check the appropriate box on the registration form or contact:

ABI Endowment FundP.O. Box 34709 Alexandria, VA 22334-0709Call: (703) 739-0800 • Fax: (866) 921-1027

Online: www.abiworld.org/endowment

I support insolvency research and education!

Levels of Support:o Century Council Member $25,000 and Greater o Sustaining Member $2,000 - $4,999o Lifetime Member* $10,000 - $24,999 o Donor $100 - $1,999o Benefactor $5,000 - $9,999 New contributions or pledges at or above the Sustaining Member level will be recognized at the Annual Spring Meeting. Contributions may be paid in equal installments of up to five years. All gifts are cumulative to allow donors to advance their level of contribution. * Lifetime members receive a complimentary annual membership upon completed payment of the pledge.

All contributions are tax deductible. The ABI Endowment is a 501(c)(3) tax-exempt organization. ABI also accepts stock donations.

Donor Information List As(as you want it to appear in ABI acknowledgement materials)

Billing InformationContact Name/Firm

Address City State Zip

My total pledge is $

Contribution solicited by

Payment Options o Check payable to American Bankruptcy Institute Endowment Fund enclosed. US$ o Bill my credit card o e o y o w

Acct. No. Exp. Date

Signature

o Please bill me for my gift of US$ o Installment pledge (annual): US$ total pledge over years

Send completed form with payment to: ABI Endowment Fund P.O. Box 34709 Alexandria, VA 22334-0709. If paying by credit card, FAX (703) 739-1060.

Conference InformationHotelLocated within the gracious Port Royal Plantation, the magnificently renovated Westin Hilton Head Island Resort & Spa is set on a pristine stretch of sandy white beach along the Atlantic. Grab a chair and relax, take time out for yourself or get on a bike and explore. Whether it is on one of the three Port Royal championship golf courses or its award-winning tennis courts, a visit to the Heavenly Spa by Westin or simply watching the day go by from a lounge chair by one of the pools, the Westin Hilton Head Island Resort & Spa offers endless ways to renew. Each guest room comes with its own private patio or balcony—allowing you to enjoy the naturally soothing surroundings of Hilton Head Island, in addition to the comfort of the Old South décor. From the state-of-the-art WestinWORKOUT® Gym, where you can invigorate with a full-body fitness routine, to the bicycle and jogging paths, three championship golf courses and 16 tennis courts, Port Royal Plantation offers a bounty of stimulating activities to choose from. Explore other area favorites such as kayaking, sailing, deep-sea fishing and horseback riding. Let your senses guide you through palmetto-lined boardwalks, lush gardens, serene fountains and enchanting lagoons to a tranquil oasis. UNWIND, Westin’s evening ritual, encourages you to reflect and rejuvenate as you make your journey from day to night, enjoying food, drink and a unique ambience.

ABI has negotiated a special conference rate of $305 single/double per night for either an Island or Ocean View, a VIP or Director’s Jacuzzi Suite. Hotel registration information will be given upon conference registration. Rooms are available on a first-come, first-serve basis. ABI cannot guarantee registrants a room after June 26th, 2009, or once the ABI room block is sold out.

Westin Kids Club®

Calling all kids! With crafts, games, trips to the beach and the pool, Westin Kids Club® offers young guests the chance to discover the resort from a unique and entertaining perspective. Available seven days a week, Westin Kids Club® is the place to be for children (ages 4-12) who are looking to make the most of their vacation while they make new friends along the way. Pre-registration is required. Please call (843) 681-4000 for more information.

Cancellation PolicyAll fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by July 17, 2009. No refunds will be honored after July 17, but substitutions will be allowed.

TransportationAir: There are two nearby airports: the Savannah Hilton Head International Airport (SAV), which is approximately 45 minutes away, or the Hilton Head Island Airport (HHH), which is just 10 minutes from the resort. For fare and schedule information and to make reservations, please visit www.aa.com and use promotion code A6779AD, or call (800) 433-1790 and refer to STARfile authorization index number S20416.

Ground: Avis car rental discounts are available using the Avis Worldwide discount number (T312999). Call (800) 458-9383 or book online at www.avis.com.

Continuing EducationApproval for approximately 9 hours of CLE credit is available, including 2.5 hours of ethics. CPE credit is also available; mark the appropriate box on the registration form. California MCLE—ABI certifies that this activity has been approved for MCLE credit by the State Bar ofCalifornia in the amount of 9 hours.

*ABI offers intermediate–advanced level courses, which have no prerequisites for attendance. ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN, 37219-2417, or www.nasba.org. For more information regarding administrative policies such as complaint and refund, please contact the American Bankruptcy Institute at 703-739-0800. ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, ABI may allow the individual to work at the registration area for a few hours during attendee check-in, or assist in conference set up. ABI also has reduced rates for government employees, professors, law clerks and students. For information on tuition assistance, send an e-mail to [email protected].

We extend our special thanks to Thomson West Reuters for providing the printed educational materials and totebags, KPMG Corporate Finance LLC for the Conference notepads, BMC Group for the hotel key cards and Garden City Group, Inc. for the Conference lanyards.

Special Thanks

CLE Programs & ABC Exams

Wednesday, July 299:00 a.m.-5:00 p.m. American Board of Certification Exams The American Board of Certification (ABC) will offer its business bankruptcy, consumer bankruptcy and creditors’ rights exams. Details on the certification process, exam composition and sample exam can be obtained by calling ABC at (315) 365-2222, by e-mailing [email protected] or by visiting the ABC Web site at www.abcworld.org. The ABC certification programs are sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three programs are accredited by the American Bar Association.

American Board of Certification Exams Wednesday, July 29, 9:00 a.m.-5:00 p.m. at the The Westin Hilton Head Island Resort & Spa Call (315) 365-2222 or e-mail [email protected] for details. o Consumer Bankruptcy Exam o Business Bankruptcy Exam o Creditors’ Rights Exam ($125 exam fee) Make check payable to American Board of Certification and return with this clipping to: American Board of Certification, The American Building, 101 Second Street SE, Ste. 904, Cedar Rapids, IA 52401.

o Credit Card (Charge to account no. provided for conference.) A Short Form Application and fee ($495) are also required prior to the exam. Please go to www.abcworld.org if you have not submitted the application.

Thursday, July 307:30-9:00 a.m.Plenary SessionoThe Fall of Boris Badenough: Ethical Issues for Lawyers in Representing “Unusual” Clients





Friday, July 317:30-9:00 a.m.Plenary Session oConsumer Law Update 2009





Saturday, August 17:30-9:00 a.m.Plenary Session oBusiness Law Update 2009


oDead Dirt: Part 1 oJumping the Queue: Administrative, Priority and Reclamation Claims in Chapter 11 Cases oHot Topics in Chapter 13 Cases: Part 3 of 3 oSwimming in Shark-infested Waters: Ponzi Schemes and Fraud in Bankruptcy



s C. R. “Chip” Bowles, Jr., Co-Chair Greenebaum Doll & McDonald PLLC; Louisville, Ky.s David B. Wheeler, Co-Chair Moore & Van Allen; Charleston, S.C.s Hon. Mary Grace Diehl, Judicial Chair U.S. Bankruptcy Court (N.D. Ga.); Atlantas Sara Robinson Borders King & Spalding; Atlanta s Robert Byrd Byrd & Wiser; Biloxi, Miss.s Douglas M. Foley McGuire Woods LLP; Norfolk, Va.s Diane P. Furr Poyner & Spruill LLP; Charlotte, N.C.s Terri L. Gardner Nelson Mullins Riley & Scarborough, LLP; Raleigh, N.C.

s David W. Houston, IV Burr & Forman; Nashville, Tenn.s Jeffrey W. Kelley Troutman Sanders LLP; Atlanta s Jerry D. Markowitz Markowtiz Davis Ringel & Trusty, P.A.; Miamis Michael M. Newsom Bridge Associates LLC; Safety Harbor, Fla. s Paul L. Orshan Paul L. Orshan, P.A.; Coral Gables, Fla.s Patricia A. Redmond Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.; Miami s Robert P. Reynolds Reynolds Reynolds & Duncan LLC; Tuscaloosa, Ala.

14th AnnualSoutheast Bankruptcy Workshop Advisory Board

Welcome back to Hilton Head Island and the South Carolina Lowcountry! Hilton Head Island remains harmonious with nature with its natural beauty and environmentalist design. Surrounded by world-class resorts, amenities and activities, Hilton Head Island is a destination incomparable to other resort Sea Islands. Discovering the bounty of Hilton Head, you know there’s something special about this island. From the moment of arrival, whether crossing the arc of the bridge, flying over the sea and marshlands or navigating the surrounding water to dock in the Harbour, there is the immediate sense of being removed from the rest of the world. Miles of dazzling white-sand beaches, brilliant green salt marshes and rivers and stately maritime forests under a canopy of bright Carolina-blue skies provide the perfect environment for an unforgettable conference. Hilton Head Island boasts 23 world-class golf courses that include the challenging Harbour Town Golf Links, which is home to the annual PGA Tournament, the Verizon Heritage Golf Classic. Hilton Head Island also offers more than 350 tennis courts for casual or tournament play. Guests can enjoy fishing, sailing, dolphin watching, shrimping, crabbing or just relaxing on the 12 miles of beautiful Atlantic Coast beaches, and the seafood is always fresh and succulent. Hilton Head Island’s seaside magic and lyrical beauty leave an indelible imprint of cherished memories.

Complete this registration form, make check payable to American Bankruptcy Institute and return to: ABI, P.O. Box 34709 Alexandria, VA 22334-0709, ATTN: SE09. Credit card payments can be faxed to (866) 921-1027. Register online at www.abiworld.org/SE09.

Name ______________________________________________ Nickname ___________________________________

Title: _______________________________________________ Firm/Company _______________________________

Address __________________________________________________________________________________________

City ________________________________________________ State _____________ Zip _____________________

Phone _____________________Fax _____________________ E-mail _____________________________________

1. Conference Rates* Early Bird Regular Late (postmarked by 5/29/09) (5/30/09-7/17/09) (after 7/17/09)

ABI/Member o $545 o $595 o $645Gov’t/Academic/Nonprofit o $345 o $395 o $445Non-Member** o $795 o $845 o $895Gov’t/Academic/ Non-Member** o $440 o $490 o $540Exhibitor o $1,600Exhibitor/ Non-Member** o $1,875Extra Booth Represenative o $300 2. Continuing Education Credito CLE/CPE Credit State(s) ____________________________ Bar No. _____________________________ (circle one)

3. ABI Annual Membership Renewal (Optional)Regular o $275 $ ________Govt./Academic/Nonprofit o $95 $ ________

4. Guest Information (If Applicable)

Guest 1 Name _______________________________ Guest 2 Name _____________________________ (Please attach additional page if more than 2 guests.) ABI defines a “guest” as a spouse, child or companion–not a professional colleague. If a profes-sional colleague is found to be registered as a guest, ABI reserves the right to cancel his or her event registration. Any person not meeting the criteria of “guest” who wishes to participate in any ABI function at the conference is required to register separately at the full conference rate.

5. Optional Events Price Self Guest 1 Guest 2 Guest 3 SubtotalDeep-water Fishing Tournament $50 o o o o ________Opening Reception * o* ________ Opening Reception Guest $50 o o o ________ Opening Reception Child (age 13 and under) $25 o o o ________Golf Tournament $125 o o o o ________ Handicap(s) _______________ Sea Turtle/Shrimping Adventure $125 o o o o ________Historic Savannah Tour $95 o o o o ________Tennis Tournament $50 o o o o ________Golf Round at Sea Pines $175 o o o o ________Friday Night Dinner Dance $25 o ________ Dinner Dance Guest $75 o o o ________ Dinner Dance Child (age 13 and under) $35 o o o ________

* No cost to registrant. Please attach additional page if more than 3 guests. $ ________

6. ABI Going Greeno If you would like to receive the educational materials only in CD-Rom format, please check this box.

7. Payment TOTAL $______________o Check payable to American Bankruptcy Institute enclosed. o e o y o w

Acct. No. ______________________________________________________________________Exp. Date __________

Signature _________________________________________________________________________________________

14th Annual Southeast Bankruptcy Workshop Registration Form

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July 29 ~ August 1, 2009 The Westin Hilton Head Island Resort & SpaHilton Head Island, South Carolina

* Registration rates include:• OpeningReception• Breakfasts• Allrefreshmentbreaks• WrittenmaterialsandCD-Rom** Includes one-year ABI Membership ($275 value)

www.abiworld.org/SE09

14th AnnuAlSoutheAStBAnkRuptcyWoRkShop

14th Annual Southeast Bankruptcy Workshop

Documents

Transcript of 14th Annual Southeast Bankruptcy Workshop