February 2006 | Issue I College Columns · with a scuba diver emerging from ... of the College...

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American College of Bankruptcy Editor’s Report By Philip J. Hendel, Editor Bankruptcy lawyers need a bet- ter image. If the public were polled today on their per- ception of lawyers, it would come as no surprise that we remain subject to substantial disrespect. Bankruptcy lawyers and others who regularly toil in the insolvency arena seem to be a particular target. Many in the public domain look down on bank- ruptcy as a socially and morally unacceptable way to discharge debt incurred from those who, in good faith, supplied goods and services on credit. Bankruptcy practitioners are closely associated with the recent efforts of mega corporations to shed their pension and other employee obligations. Those who help corpo- rate debtors obtain absolution from the payment of such debts are seen by some as “aiders and abettors.” The explosion of legal advertising, characterized conservatively as dis- tasteful in some cases, has further tarnished our public image. A mem- orable California television ad opens with a scuba diver emerging from the ocean proclaiming, “If you are underwater, I can help you.” Give us a break! When such unseemly advertising occurs, it may be some- what understandable why bankrupt- cy lawyers are often perceived as unsavory or in an unfavorable light. Although changing the public’s per- Philip J. Hendel Chair’s Report By Evelyn H. Biery Discissorem esse Xeographium perperam putavi. As I did for the next previous issue of the College Columns, I submit for your considera- tion a modern phrase in Latin form. It is a statement that would never be made by any Fellow of the College. The Fellows are too honest and too diligent to need to give such an excuse. The translation will appear later in this message. The Fellows of the American College of Bankruptcy demonstrate the highest standards of profession- alism and service to the administra- tion of justice in insolvency law. Now over six hundred strong, the College was formed in 1989 and has, through the work of its Board of Regents, gathered together hun- dreds of Fellows who personally and professionally exhibit the high- est ethical standards. The contribu- tions of our group to the enhance- ment of bankruptcy and insolvency scholarship, continuing education and improvement of the bankrupt- cy and insolvency processes are quite remarkable. It is a pleasure and an honor to lead this group. During the meetings of the National Conference of Bankruptcy Judges in late 2005, several of our Fellows made presentations to the attendees at the NCBJ, as well as at our College All Fellows Luncheon conducted prior to the NCBJ meet- ings. In March, at the Annual Meeting of the College, we will once again benefit from the scholarship and incisive legal analysis of College Evelyn H. Biery continued on page 4 continued on page 7 President’s Report By David T. Sykes We are about to initiate our seven- teenth class of Fellows. If prece- dent is any guide, new Fellows will all express interest in becoming active in College activities. The College has several areas where participation is welcomed and necessary. Of considerable importance is the College’s Pro Bono Committee, chaired by George Cauthen. In con- junction with the American College of Bankruptcy Foundation, the Pro Bono Committee is dedicated to seeking out worthy bankruptcy pro bono legal services programs, evalu- ating their needs, and, if appropriate, making contributions to assist in their educational and other activities. The Pro Bono Committee and the Foundation also support the National Bankruptcy Archives, located at the University of Pennsylvania Law School. One of the highlights of the upcoming annual meeting is the presentation on Friday afternoon, March 17, 2006, at the Mayflower Hotel, by The Honorable Mary Davies Scott, of portions of the Archives. This promises to be an interesting and enlightening program which we hope you all can attend. Next, and of equal importance, is the Educational Programs Committee, chaired by Sally Neely. This committee has, in recent years, initiated and developed the Distinguished Law Student Program, through which law students who have excelled in bankruptcy-related studies are identified and selected to attend the College’s Annual Meeting. David T. Sykes College Columns February 2006 | Issue I continued on page 5

Transcript of February 2006 | Issue I College Columns · with a scuba diver emerging from ... of the College...

American College of Bankruptcy

Editor’s Report By Philip J. Hendel, Editor

B a n k r u p t c ylawyers need a bet-ter image. If thepublic were polledtoday on their per-ception of lawyers,it would come as nosurprise that weremain subject to

substantial disrespect. Bankruptcylawyers and others who regularlytoil in the insolvency arena seem tobe a particular target. Many in thepublic domain look down on bank-ruptcy as a socially and morallyunacceptable way to discharge debtincurred from those who, in goodfaith, supplied goods and services oncredit. Bankruptcy practitioners areclosely associated with the recentefforts of mega corporations to shedtheir pension and other employeeobligations. Those who help corpo-rate debtors obtain absolution fromthe payment of such debts are seenby some as “aiders and abettors.”The explosion of legal advertising,characterized conservatively as dis-tasteful in some cases, has furthertarnished our public image. A mem-orable California television ad openswith a scuba diver emerging fromthe ocean proclaiming, “If you areunderwater, I can help you.” Give usa break! When such unseemlyadvertising occurs, it may be some-what understandable why bankrupt-cy lawyers are often perceived asunsavory or in an unfavorable light.

Although changing the public’s per-

� Philip J. Hendel

Chair’s ReportBy Evelyn H. Biery

Discissorem esse Xeographiumperperam putavi.

As I did for thenext previous issueof the CollegeColumns, I submitfor your considera-

tion a modern phrase in Latin form.It is a statement that would neverbe made by any Fellow of theCollege. The Fellows are too honestand too diligent to need to givesuch an excuse. The translation willappear later in this message.

The Fellows of the AmericanCollege of Bankruptcy demonstratethe highest standards of profession-alism and service to the administra-tion of justice in insolvency law.Now over six hundred strong, theCollege was formed in 1989 andhas, through the work of its Boardof Regents, gathered together hun-dreds of Fellows who personallyand professionally exhibit the high-est ethical standards. The contribu-tions of our group to the enhance-ment of bankruptcy and insolvencyscholarship, continuing educationand improvement of the bankrupt-cy and insolvency processes arequite remarkable. It is a pleasureand an honor to lead this group.

During the meetings of theNational Conference of BankruptcyJudges in late 2005, several of ourFellows made presentations to theattendees at the NCBJ, as well as atour College All Fellows Luncheonconducted prior to the NCBJ meet-ings. In March, at the AnnualMeeting of the College, we will onceagain benefit from the scholarshipand incisive legal analysis of College

� Evelyn H. Biery

continued on page 4

continued on page 7

President’s ReportBy David T. Sykes

We are about toinitiate our seven-teenth class ofFellows. If prece-dent is any guide,new Fellows will allexpress interest inbecoming active inCollege activities.

The College has several areaswhere participation is welcomedand necessary.

Of considerable importance is theCollege’s Pro Bono Committee,chaired by George Cauthen. In con-junction with the American Collegeof Bankruptcy Foundation, the ProBono Committee is dedicated toseeking out worthy bankruptcy probono legal services programs, evalu-ating their needs, and, if appropriate,making contributions to assist intheir educational and other activities.The Pro Bono Committee and theFoundation also support the NationalBankruptcy Archives, located at theUniversity of Pennsylvania LawSchool. One of the highlights of theupcoming annual meeting is thepresentation on Friday afternoon,March 17, 2006, at the MayflowerHotel, by The Honorable MaryDavies Scott, of portions of theArchives. This promises to be aninteresting and enlightening programwhich we hope you all can attend.

Next, and of equal importance, isthe Educational ProgramsCommittee, chaired by Sally Neely.This committee has, in recent years,initiated and developed theDistinguished Law Student Program,through which law students whohave excelled in bankruptcy-relatedstudies are identified and selected toattend the College’s Annual Meeting.

� David T. Sykes

College ColumnsFebruary 2006 | Issue I

continued on page 5

Page 2 American College of Bankruptcy February 2006

Report on Educational Programs By Michael L. Temin

In San Antonio,Steven Ancel ofSommer BarnardAttorneys; MartinBienenstock of WeilGotshal & Manges;Zack Clement ofF u l b r i g h t &J a w o r s k i ; a n d

Richard Peters of Sidley AustinBrown & Wood, gave us their obser-vations as to how the 2005 amend-ments to the Bankruptcy Code wouldaffect Chapter 11 advice and practice.

At our March annual meeting, D.J. Baker of Skadden Arps SlateMeagher & Flom; William S.Katchen of Duane Morris; ShelleyD. Rucker of Miller & Martin; andRichard S. Toder of Morgan, Lewis& Bockius; will discuss the inter-section of mass torts, class actionsand reorganization of non-asbestosdebtors. Can Chapter 11 be used toresolve mass tort non-asbestosclaims against manufacturers, dis-tributors, suppliers, insurers andnon-debtor co-defendants?

Michael Cook of Schulte Roth &Zabel; Mark Ellenberg ofCadwalader, Wickersham & Taft;and Richard Wasserman of Venablewill discuss “Safe Harbors” Underthe Bankruptcy Code - How SafeAre They? The Bankruptcy Codecontains several “safe harbor” provi-sions, which, if they apply, providecomplete defenses to certain avoid-ance actions. The panel will discussthe “safe harbor” provisions, includ-ing §§ 546(e) and 546(g) of the Code,the scope of these provisions andseveral recent cases of note.

Our final presentation will be bya litigator, Dennis Suplee ofSchnader Harrison Segal & Lewis,who will discuss taking anddefending depositions - how litiga-tors approach it. Bankruptcylawyers who litigate take deposi-tions. We may be able to learn howto do it better from a litigator’sexperiences.

Pro Bono CommitteeReportBy George B. Cauthen

The AmericanCollege of Bank-ruptcy is an hon-orary professionaland educationalassociation of bank-ruptcy and insolven-cy professionals.This membership

includes bankruptcy lawyers, turn-around specialists, bankruptcyjudges, United States Trustees,investment bankers, accountants,law school professors and othersinvolved in the bankruptcy and insol-vency community. One of the stand-ing committees of the AmericanCollege of Bankruptcy is the ProBono Committee. The primary pur-pose of the College’s Pro BonoCommittee is to review and awardgrants to non-profit organizationsinvolved in some aspect of legal serv-ices, pro bono, or education. The pri-mary purpose of these grants is toencourage the delivery of bankrupt-cy legal services to indigents via legalservices or pro bono efforts.

The American College ofBankruptcy has a non-profit entity,the American College of BankruptcyFoundation. The Foundation also pro-vides funds to the Pro BonoCommittee and together, the Collegeand the Foundation have providedover $160,000.00 in grants over thelast five years.

The projects funded by the ProBono Committee are varied. Non-profit organizations from over 25states have received grants that havefunded projects such as the ChicagoBar Association’s BankruptcyCommittee Pro Bono Help Desk, pro-viding legal assistance to bankruptcyattorneys who have agreed to handlebankruptcy cases pro bono, or“Putting Something Back” in Miami,Florida, a program that puts on fre-quent seminars to train pro bono vol-unteers and, at the same time, pro-vide them with continuing legal edu-

College Columns

Officers and Directors:Evelyn H. Biery Chair David T. SykesPresident Susan M. FreemanVice-President Daniel M. Glosband Vice-President Sally S. NeelyVice-President Hon. Mary Davies ScottVice-President Daniel E. ArmelTreasurer Philip J. HendelSecretary Prof. Douglas G. BairdJohn A. BarrettDonald S. Bernstein I. William CohenNeil H. CooperDavid G. Heiman Stuart Hirshfield Hon. Barbara J. HouserRichardo I. KilpatrickDavid S. KurtzHon. Mark B. McFeeleyRichard T. PetersJoel B. Piassick Lewis S. RosenbloomRobert B. RubinRichard S. ToderEx Officio Directors Hon. Ralph R. MabeyRaymond L. ShapiroChair, ACB FoundationEmeritus Directors Merrill R. FrancisGerald K. Smith Board of Regents Paul M. SingerChair, Board of RegentsRichard E. Mikels1st Circuit Alan W. Kornberg2nd Circuit Joseph A. Dworetzky3rd Circuit Bonnie Kay Donahue4th Circuit R. Patrick Vance5th Circuit G. Christopher Meyer6th Circuit Richard J. Mason7th Circuit Hon. Nancy C. Dreher8th Circuit Marc A. Levinson9th Circuit G. Blaine Schwabe, III10th Circuit Mark D. Bloom11th Circuit Richard B. LevinAt Large Hon. Cecelia G. MorrisAt Large Prof. Jeffrey W. MorrisAt Large Scholar-in-ResidenceMichael L. TeminCounselWilliam J. Perlstein

Executive DirectorSuzanne Armstrong Bingham

American College of BankruptcyPMB 626A, 11350 Random Hills Rd., Suite 800Fairfax, VA 22030-6044(703) 934-6154 Fax: (703) 802-0207www.amercol.com Email: [email protected]

� George B. Cauthen � Michael L. Temin

continued on page 6

Report from Ninth Circuit The annual dinner of Ninth

Circuit Fellows was held at theUCLA Faculty Club on Thursday,February 9th. Arrangements weremade by Jeff Davidson and GeorgeWebster of Stutman, Treister. Theannual dinners are largely an excusefor the Fellows to get together, butwe do honor our new inductees, andthis year we discussed recent ramifi-cations of the 2005 amendments.

February 2006 American College of Bankruptcy Page 3

Assuming all candidates acceptadmission, the College will have 653Fellows: 416 Lawyers; 33 FinancialProfessionals; 30 Academics; 87Judges; 39 International Fellows; 9Other Governmental Fellows; 35Emeritus Fellows; and 4 HonoraryFellows.

In early spring of 2006, we willbe circulating a letter describingthe process for submitting names ofprospective fellows to your CircuitAdmissions Council. Please consid-er all qualified applicants as wewant to keep the College a vital andeffective organization.

College Columns

By Paul M. Singer

The Board ofRegents met onNovember 2, 2005,from 9:00 a.m. to7:00 p.m., with abrief break toattend the CollegeLuncheon. Duringthe meeting the

Regents reviewed the nominationsfor election to the College andselected 22 people for admission: 3Judges, 3 International Fellows, 13Lawyers, 2 Financial Professionals,and a Chapter 13 Trustee.

The First Circuitheld its SixthAnnual DinnerReception andWine Tasting Eventon Saturday,January 28th, at theWestin CopleyPlace in Boston,

Massachusetts. At the dinner wewelcomed Joseph Collins of Hendel& Collins as our new First CircuitFellow. Our special honoree thisyear was Phil Hendel. Phil was acatalyst for all of the programs andevents in the First Circuit. Phil ini-tiated the annual dinner, receptionand wine tasting events and wasthe moving force behind the FirstCircuit’s annual bankruptcy sym-posiums, which have been spon-sored by the College and BostonCollege Law School. We, again,thank Sally Neely and theEducation Committee of theAmerican College of Bankruptcyfor the generous grant which madethe symposium possible. We haveplanned another program this year,to be held again at Boston Collegeon April 7, 2006. The program willbe a discussion of developmentsand trends in bankruptcy practiceover the past several decades. I am

sure all would agree that under-standing where we have been, andhow we got to where we are, isessential to providing the highestlevel of representation to ourclients today. We are excited toreport the participants will includeMyron Sheinfeld, Kenneth Klee,William Brandt and MichaelTemin. The program will be moder-ated by the Honorable WilliamHillman.

Report from First Circuit

Board of Regents Report

� Rick Mikels

Report from Fifth Circuit H u r r i c a n e

Katrina’s devastat-ing blow to NewOrleans and theMississippi GulfCoast on August 29had a significantimpact on many ofthe Fifth Circuit’s

Fellows that will never make anAnderson Cooper broadcast. That anatural disaster of “biblical” pro-portions had the unforeseen conse-quence of bringing closer togetherthe Fifth Circuit’s Fellows on sever-al important initiatives is an indica-tion of the strong bonds that havealready been formed by our sharedexperiences in the College.

Bob Byrd who lives in OceanSprings and works in Biloxi,Mississippi had a double whammy.The thirty-foot storm surge on theMississippi Gulf Coast swampedboth his office and house undereight feet of water. He was not ableto return to his office for severalweeks for lack of potable water andelectricity. He and his wife livedwith kind neighbors until he grewtired of waiting for FEMA andbought his own trailer. Living large,he hopes by mid-April to repair hishome if he can secure enoughmaterial and contractors.

Every Fellow from the NewOrleans area was forced to evacu-ate the City for two months withdiffering degrees of burdens andobstacles. Everyone has a story. Notonly did we have to find housing inmarkets swollen by thousands offlood refugees, but those Fellowswith school age children had todeal with admissions officers ininstitutions bursting at the seams.

Lisa Futrell had eight feet ofwater in her uptown home. She isliving in a cramped apartmentpatiently waiting on a resolutionwith her insurers and searching forcontractors to repair her home.Rudy Cerone had twenty feet ofwater in his summer home on the

continued on page 6

�R. Patrick Vance�Paul M. Singer

Page 4 American College of Bankruptcy February 2006

College Columns

Fellows as they discuss mass tortsand safe harbors. A non-Fellow,Dennis Suplee, will demonstrate tous the approach of non-bankruptcylitigators to taking and defendingdepositions. Michael Temin, our cur-rent Scholar-in-Residence, has puttogether an outstanding program.

At the 2006 Annual Meeting wewill also honor the members of theSeventeenth Class as they are induct-ed at the National Building Museum,a new venue where we plan to holdour Induction Ceremonies while theSupreme Court Building is beingremodeled. As you can tell from thebrochure for the event, our newlocale will be as grand as the GreatHall of the Supreme Court.

Another new change in format isa reception for the DistinguishedLaw Students. Although at thisreception attendance will be limit-ed to the Board of Directors, theBoard of Regents and the law stu-dents’ Mentors, we hope and trustthat the Fellows will take a fewminutes to chat with theDistinguished Law Students duringthe Annual Meeting.

Dave Sykes and I have forwardedto all College Fellows a list of theCommittees that welcome volun-teers. Most, if not all, of those com-mittees will hold meetings duringthe two days of the AnnualMeeting, and we encourage every-one to join and be active in theCommittees. Here is the transla-tion: I mistook the shredder for aXerox machine The best way togain a leadership position in theCollege is to serve on a committee,chair the committee and then beelected to the Board of Directors ofthe College.

The current leadership of theCollege is dedicated to rewardingand advancing the active membersof the College, and we encourageall Fellows to contact any of us ifyou would like to become moreactive in the activities of theCollege.

Chair’s Reportcontinued from page 1

Save the Date Annual Meeting March 17-18, 2006

Class Seventeen InductionNational Building Museum

Washington, D.C.

News From the Eighth Circuit

In celebration ofthe Cold MinnesotaWinter Season, Cir-cuit Regent JudgeNancy Dreher andCollege Fellow FayeKnowles held asocial get-togetherfor Eighth Circuit

Fellows the weekend of February 4,2006. Being hearty Minnesotans,they understand that when it getsdark and cold and it seems likeWinter will never end it is time tohave a party. Eighth Circuit Fellowsand their guests were invited to awine and cheese party on theevening of February 4, which washeld at Judge Dreher’s home. A winemerchant was present throughout toprovide guidance and instruction onpairing selected new wines andcheeses. Fellows got together onFriday, February 3, for dinner also.With an eye toward teaching theirclose geographic neighbors just howwonderful a Minnesota WinterWeekend can be, the planners invit-ed all College Fellows from the Sixth,Seventh and Tenth Circuits to attendany or all of these events. Out oftown guests were warned to getready to deal with snow, ice andtemperatures of 10 below and toBring Warm Clothes. CollegeFellows and spouses came from sev-eral cities in the three Circuits to jointhe Minneapolis crowd. We werepleased to have Evelyn Biery alsoattend.

On a more serious note, in the pastthe College has provided, and contin-ues to provide, grants to theMinnesota State Bar AssociationBankruptcy Section to help with start-up funding for a MinnesotaBankruptcy Pro Bono website atwww.practicelaw.org/bankruptcy/home. The website is designed to pro-vide attorneys doing pro-bono inbankruptcy with immediate, up-to-date, and free access to informationespecially relevant to pro bono repre-sentation in bankruptcy courts.

Minnesotans have found that a sur-prisingly large amount of the pro-bono representation is done by smallfirms or solo practitioners who can illafford to pay filing fees or other costsassociated with such representationand have little time to do in-depthresearch. The site contains forms,local rules, analysis of local andEighth Circuit cases, educationalmaterials on pertinent topics, andlinks to other sites. The site is main-tained by an attorney hired on a parttime basis and also utilizes a volun-teer law student to work on content.Since its inception the site has beenused regularly. More recently, Collegegrant money has been used to expandthat website Circuit-wide. The EighthCircuit Pro Bono website is tentative-ly scheduled to become availableMarch 1, 2006. A test version of thewebsite is currently available atw w w. p r a c t i c e l a w. o r g / B P B /index.php. The test version at thispoint contains information for eachBankruptcy District in the EighthCircuit, including links to theBankruptcy Court website, BAPCPAmaterials, summaries of 8th Circuitand BAP student loan decisions, andlinks to other bankruptcy lawresources. The site will be improvedwith information especially relevantto each of the Districts in the Circuitand several of the Eighth CircuitFellows have volunteered to assist inproviding content especially pertinentto their local practice. If successful,this will likely be the first Circuit-wide site of its type in the country.

�Hon. Nancy Dreher

February 2006 American College of Bankruptcy Page 5

College Columns

bankruptcy tax practices.The Communications Committee,

a key part of the College, is in greatneed of volunteers, in at least twoareas. First, Phil Hendel, the Editorof College Columns, is always look-ing for articles of interest about theCollege Fellows and their activities,or about an issue or legal develop-ment which would be of interest tothe Fellows. Second, we need Fellowswho are talented and interested inweb site development to help ourExecutive Director, SuzanneBingham, in that area. We have anexcellent web site, and it is in theprocess of being re-formatted. Butany Fellow with the skill and interestin this area would be of great help tothe College if he or she would pitchin, especially at this time.

Become involved. Make sugges-tions to Committee chairs and otherCollege leaders for areas in whichthe College can be effective inimproving the administration of jus-tice in the bankruptcy area. Helpthe College continue its strong pres-ence in the bankruptcy field.

This year, students from law schoolsin the Fifth, Sixth, Seventh, Eighthand Tenth Circuits will attend theevents in March. The Committeealso worked with Fellows from theFirst Circuit, who developed a day-long symposium on the future ofchapter 11 which was presented atBoston College Law School in April2005, and the Committee arrangedfor partial funding of the Program bythe College. Other activities in theeducational area were conducted bythe Committee in the past year.

Another important initiative, theBest Practices Committee, chairedby David Heiman, working throughseveral sub-committees, has devel-oped and is developing papers inseveral areas of bankruptcy practicewhich will be of interest to the bank-ruptcy community, including therecently completed best practicespaper on consumer debtor represen-tation issues. Other areas of studyinclude a review of how courts invarious circuits have treated certaincritical legal and practical issues, and

President’s Reportcontinued from page 1

possible for the Biddle Law Libraryat the University of PennsylvaniaSchool of Law, where the archivesare located, to attract and keep a veryhighly qualified archivist on staff.

Biddle Law Library Director, PaulGeorge, wrote that the collection isclearly on the way to becoming avaluable and accessible resource. 49cartons of materials have beenreceived this year. Materials havearrived from the AmericanBankruptcy Law Journal, the Collegeand its Foundation, the NationalConference of Bankruptcy Judgesand numerous individuals, includingJudge Joseph Cosetti, the estate ofJudge Ralph Kelly, Professor KennethKlee, the estate of Judge RobertMorton, and Judge John Pearson.

The History/Archives Committeeof the National Conference ofBankruptcy Judges spent a busy year

By Hon. Mary Davies Scott

The NationalB a n k r u p t c yArchives is now fiveyears old. It has def-initely passed into anew phase; nolonger getting underway, it is well along.This year concludedthe initial five year

funding pledge made by LexisNexis.They have agreed to pledge anotherfive year funding commitment of$25,000 per year in memory ofProfessor Lawrence P. King. In addi-tion, the Board of Directors of theAmerican College of Bankruptcymade the same five year commit-ment of $25,000 per year and theAmerican College Foundation didlikewise in an amount of $5,000.These funding commitments make it

Report from the National Bankruptcy Archives

� Hon. Mary Davies Scott

taking extensive oral histories of itspast presidents. Those oral historiesas well as materials are expected toarrive at the archives in early 2006.

This year both the NationalBankruptcy Conference and theNational Conference of BankruptcyJudges undertook the project of com-piling their own meeting minutes. TheArchivist supplied both organizationswith the meeting minutes. Aresearcher sought a memorandumfrom Professor Kenneth Klee’s papersconcerning conversations on H.R. 6,from May 13, 1977. That memo wassupplied within the hour. Aresearcher also sought and receivedan electronic image of a page from a1970 National Conference of Refereesin Bankruptcy Journal. The Archivistscanned the page into a JPEG docu-ment and e-mailed it to the researcher.This year the NBA had its first visitingresearcher looking through papersdonated by Professor Klee as well asthose of Murry Drabkin. Theresearcher was working on a MastersThesis in U.S. History. The Archivistsent finding aids in advance to makethe visit more productive and madephotocopies for the researcher to takehome. Judge Ralph Zulman of theSouth African Supreme Court (fellowof the International BankruptcyInstitute, chaired South Africa’s bank-ruptcy law revision committee) cameto the United States in June to speakat the International InsolvencyInstitute. He came to the Biddle LawLibrary on June 9, 2005, especially tovisit the National BankruptcyArchives.

It has been a busy and productiveyear for the NBA. Funding, goingforward for the next five years, isassured. The collection has grownsignificantly during the initial years,and promises to grow even more asthe archives gains reputation andstature. The funding commitmentsfrom the College as well as itsFoundation make this possible.

of BAPCPA. Along with yours trulyand Doug Draper, we reached outto the Fellows (and other bankrupt-cy practitioners) in Louisiana, Texasand Mississippi to brainstorm themost effective way to alert Congressthat the fallout from the stormwould be long-term and widespreadon the gulf coast victims.

David Rubin rounded up the sup-port of the Baton RougeBankruptcy Law Section, of whichhe is chair, the Louisiana State BarAssociation and its bankruptcy sec-tion. Yours truly formed theCoalition of New OrleansBankruptcy Lawyers in Exile(CNOBLE) made up of all the NewOrleans Fellows and other promi-nent practitioners.

The Mississippi BankruptcyConference likewise spoke up on theissues. All of the Mississippi Fellowseither currently serve or have servedon its board - Judge David Houston,Ken Lefoldt, Bob Byrd and incomingFellow Craig Geno.

Bill Steffes, with the able assis-tance of many others, wrote a letterto the Louisiana delegation urging asuspension of the effective date ofBAPCPA on Katrina victims or adelay in the effective date of thestatute. The D.C. office of Jones

Mississippi Gulf Coast. Every oneof us has a family member, partneror a close friend who lost theirhome in the flood. Those who were“wet” are faced with unfamiliardecisions of whether to repair,rebuild or move, and all havebecome expert at interpreting floodinsurance policies. At least they didnot live in the now infamous 9thWard, which will struggle to sur-vive the rebuilding of the City.

Those New Orleans Fellows whofortunately avoided flood damage(the flood waters stopped 200 yardsfrom Villa Vance), suffered winddamage to a degree not experiencedin our lifetimes. Roofs and treeswere casualties. Not surprisingly, allNew Orleans Fellows are painfullyfamiliar with the in’s and out’s ofhomeowner insurance policies.

New Orleans Fellows relocatedtheir staff and business operationsprimarily to Baton Rouge understressful conditions. As the pastmanaging partner of the firm, yourstruly was heavily involved in relo-cating 150 attorneys and supportingstaff to its other offices. DougDraper, Billy Patrick and JanHayden, partners and Fellows all,did the same from scratch on asmaller scale for their firm.

Exactly one week after NewOrleans had been evacuated, BatonRouge Fellows Bill Steffes andDavid Rubin came up with the ideathat the bankruptcy bar shouldbring the plight of the Katrina vic-tims to the attention of Congressbefore the October 17 effective date

Page 6 American College of Bankruptcy February 2006

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Report from Fifth Circuitcontinued from page 3

cation credit. In Minnesota, the bank-ruptcy section of the Minnesota BarAssociation has established a websiteto assist their pro bono volunteers,particularly in the area of discharge-ability actions.

If you know of non-profit organiza-tions interested in a grant from theAmerican College of Bankruptcy andthe American College of BankruptcyFoundation, visit the websitewww.amercol.org and click on thesection entitled, “Pro Bono Grants,”which contains a history of priorgrants and applications forms andinstructions on how to apply.

Grants are considered throughoutthe year and application proceduresare simple.

Pro Bono Reportcontinued from page 2

Walker assisted our ad hoc group indirect communications at the high-est levels with the Louisiana dele-gation. Mississippi and TexasFellows sprang to the ready, usingthe Louisiana letter as a templatefor letters and communications totheir respective delegations.

Of particular concern to theTexas Fellows - since so manyLouisiana residents had fled toHouston and parts beyond - washow to represent those Louisianaresidents who wanted to file abankruptcy petition before theOctober 17 drop-dead date. Most ofus left in a hurry with just a fewpairs of extra socks. If you wereprescient enough to leave with yourfinancial records, you probably didnot need to seek the counsel of abankruptcy lawyer. Additionally,the federal courts in New Orleanshad relocated to Baton Rouge andthere was some down time inrestoring the ability of the clerk’soffice to receive filings.

Texas Fellows Evelyn Biery,Henry Kaim, Bob Albergotti,Deborah Williamson, CharlieBeckham and Byrnie Bass, throughthe auspices of the State Bar ofTexas Bankruptcy Law Section, setup a pro bono assistance programfor displaced Louisiana debtors.Additionally, Texas Fellows wereinvolved in organizing a seminar onbankruptcy consumer law issuesfor both Texas and displacedLouisiana lawyers. Yours truly con-tributed a paper on Louisianaexemptions but was unable to par-ticipate in Houston because ofHurricane Rita. That’s anotherstory for another day.

Suffice it to say, the annualFellows dinner in New Orleans’French Quarter may not take placethis year. The City is hurting andhas a long way to go before its for-mer glory is restored. Even so, thebonds among the Circuit’s Fellowsare stronger as a result of the adver-sity and adventures. All of us in theCircuit appreciate more than everwhat it means to miss NewOrleans.

Mark The DateCollege to Hold Meetings at NCBJ Meeting in SanFrancisco in November

The College anticipates holdingseveral meetings at the National

Conference of Bankruptcy Judgesannual meeting being held in SanFrancisco, which is now sched-uled for November 1st throughthe 4th. Please mark your calen-

dars for this important event.You can anticipate receiving further information on our

luncheon and other programs as soon as they are finalized.

February 2006 American College of Bankruptcy Page 7

College Columns

this unseemly requirement.Unfortunately, many of those weelected to Congress have the sameperception of the bankruptcy bar asour neighbors and friends do. Wemust take the time to find a way topublicize the selfless efforts of somany in our profession who assistthe less fortunate, preserve jobs, andpromote changes in the free enter-prise system that work effectively.There is no time to waste.

ception of bankruptcy lawyers andthe bankruptcy process is a seeming-ly difficult public relations task, weowe it to ourselves to try. We shoulddedicate ourselves to the effort.

One obstacle to improving thepublic image of lawyers and thebankruptcy system is the inability ofstate boards that oversee lawyermisconduct to deal quickly withoffenders. In many cases, the inves-tigatory process is unnecessarilyprolonged in the name of dueprocess. Constitutional safeguardsfor the accused are important. Butstate boards should promptly sus-pend lawyers for inappropriatebehavior and let the public know ofaction taken to correct abuses.Perhaps the College could offer itsexperience to state disciplinaryboards to give them a better under-standing of the bankruptcy process.For example, we have the ability todefine, at least abstractly, whatlawyer conduct constitutes a clearconflict of interest. We can, forexample, promulgate guidelines forpunishing lawyers whose state-ments to the court are intentionallyinaccurate.

To improve our image with thepublic and the media long-term, weshould:1)Propose a courtroom code which

discourages rudeness, outburstsand lack of respect for the Court.

2)Draft a protocol which will lead tothe reporting of repeat offensiveconduct to state disciplinaryboards.

3)Encourage bankruptcy courts tofine lawyers who a) file frivolouspleadings; b) fail to appear for reg-ularly scheduled hearings; c)make ex parte communicationswith the court, and/or who unjus-tifiably delay the judicial processby being substantially unpre-pared.

4)Set standards for those who adver-tise using misleading pronounce-ments to the public.

5)Prescribe punishment for lawyers

who encourage clients to under-state asset values in their bank-ruptcy schedules and statement ofaffairs.

6)Encourage appropriate rule-mak-ing bodies to allow bankruptcyjudges to limit or suspend appear-ances before them of lawyers whoare unprepared or who engage inserious misconduct.

7)Work in concert with other bank-ruptcy organizations to establish apublic relations arm to publicizeregionally and nationally valuablecontributions the bankruptcy barmakes to enhance the bankruptcysystem.

The Bankruptcy Abuse Preventionand Consumer Protection Act of2005, (BAPCPA) has established newand significant restrictions on theactivities of bankruptcy attorneys.Many of us are now “debt relief agen-cies.” BAPCPA requires “debt reliefagencies” who render bankruptcyassistance to disclose clearly and con-spicuously in all advertising that theirservices contemplate bankruptcy.

Congress did not mindlessly orinadvertently legislate this label onus. We had substantial time to vigor-ously protest and to lobby against

Editor’s Reportcontinued from page 1

continued on page 8

Credit Abuse Education ProgramOhlgren hopes the program will

become part of the required eco-nomics curriculum for SantaBarbara High School students.There are plans to introduce theprogram to school administratorsacross the state.

With the backing of theBankruptcy Judges of the CentralDistrict of California, includingJudge Robin Riblet in SantaBarbara, Ohlgren and Karen Grantscripted the program in a way thatappeals to young consumers.

Together, they created quizzes,charts and visual aids that would

To earn a driver’slicense, teenagersmust pass a seriesof tests to showthey know whatthey are doing onthe road. Receivinga diploma and

being accepted to agood college means four years ofschool. But what does it take for an18-year-old to receive a credit card?

“Nothing more than signing onthe dotted line,” says Sheppard,Mullin, Richter & Hampton bank-ruptcy partner and College Fellow,Joel Ohlgren, who hopes that willchange with the creation of a

Fellow Joel Ohlgren Leads New Credit-AbuseEducation Program In California

� Joel Ohlgren

Page 8 American College of Bankruptcy February 2006

College Columns

Leon S. Forman Leaves Legacy for All of UsA brilliant and creative mind waslost upon the passing of LeonForman of Blank Rome on January23rd in Philadelphia. Leon was asuperlative lawyer, noted scholarand humanitarian. His law schoolsuccesses and the teaching skillshoned at the University ofPennsylvania Law School as aGowen Fellow inspired him to laterteach at both Penn and Temple LawSchools and to devote his energiesand skills to educating members ofthe legal profession.

Leon authored numerous booksand articles on bankruptcy andserved as a contributing author toCollier on Bankruptcy. As a mem-ber of the National BankruptcyConference, he played a vital rolein elevating bankruptcy law andprocess to an important place in thebusiness and financial communitiesof the country.

Leon served as the first Chair ofthe Eastern District of PennsylvaniaBankruptcy Conference and as thefirst Scholar-in-Residence of theCollege.

Leon was the recipient of manyawards and honors, including theDistinguished Service Award fromthe College and the Award ofExcellence presented to him recent-ly by the National Conference ofBankruptcy Judges for his manycontributions to the education ofthe legal profession.

Ray Shapiro eulogized Leon at afuneral attended by hundreds of

In Memoriam taught a course on Chapter 11 reor-ganizations since 1989. Colton isthe first U.S.-based attorney in full-time private practice selected forthis distinction.

Cozen O’Connor Fellow Neal D.Colton to Serve as VisitingProfessor of Law for TempleUniversity Law School TokyoCampus

It was announcedon December. 9,2005, that NealColton, will serveas a visiting profes-sor of law forTemple UniversityJames E. BeasleySchool of Law’s

2006 spring semester study abroadprogram at its Tokyo, Japan cam-pus. Colton will teach two acceler-ated eight-week courses: CorporateReorganization in U.S. Bankruptcyand International CommercialArbitration. He currently serves asan adjunct professor of law at thePhiladelphia campus, where he has

Announcements

�Neal D. Colton

clearly show their audience theperils of credit card debt, and thenput their work to the test by pre-senting to several high school class-es last month.

The pair began the presentationby taking a credit card solicitationpeople typically receive in the mail,enlarging it and going through itline-by-line.

Ohlgren noted that “People areseduced into thinking that if theyhave a credit card, they can havewhat they want when they want it.But if these kids don’t think about

Joel Ohlgrencontinued from page 7 how they’re going to pay back the

money, they’re in big trouble.”He is now creating lesson plans

for teachers, complete with aPowerPoint presentation, and hasplans to produce a DVD featuringactors from Santa Barbara.

The PowerPoint materials, alongwith a script for teachers, wererecently demonstrated to a commit-tee of the Bankruptcy Judges of theCentral District of California.

Talks with the College and theLegal Aid Foundation of LosAngeles to expand the program outof Santa Barbara and into othercities throughout the country arecurrently underway.

Joel says he and Karen will seekto distribute the materials, act asadvisors and perhaps do demonstra-tions of teaching the materials, aswell as use lawyers to contact theirarea schools and recommend thatthe material be taught.

Congratulations to Marc Levinson

Marc A. Levinson, partner in theSacramento, California office ofOrrick, Herrington & Sutcliffe, LLPhas been selected to become amember of the NationalBankruptcy Conference. Levinsonis the Ninth Circuit Regent of theCollege and past President of theCalifornia Bankruptcy Forum.

Marc recently told BankruptcyCourt Decisions, “In light of therecent comprehensive amendmentsto the Bankruptcy Code, workingtoward improvements will be par-ticularly daunting. I look forwardto the challenge.”

Two greats: Prof. Larry King and Leon Forman. LeonForman receives the College Distinguished ServiceAward from Prof. King (1998).

February 2006 American College of Bankruptcy Page 9

He knew every case and every legaltheory. He knew it, not just becausehe would research for a particularmatter, but rather because he made apoint of knowing everything hemight need to know, in case a matterarose where the information couldbe useful.”

Bankruptcy Judge Joan Feeneycalled Charlie “one of the greatestbankruptcy lawyers of our genera-tion. “

Judge Feeney went on to say that“Charlie was an extraordinarylawyer and advocate, superb concil-iator, champion of the bankruptcysystem, and volunteer to disadvan-taged individuals in need of legalservices. He set the highest stan-dards of competence, professional-ism, and integrity, and was a rolemodel for all of us.”

“His creative solutions to com-plex problems were always in thebest interest of all parties. Theforce of his reasoning made the jobof being a bankruptcy judge all themore enjoyable; indeed there wasnot very much for the bankruptcyjudge to do when Charlie appearedin a case other than to approve thesettlement he structured.

Ellen Carpenter, past President ofthe Boston Bar Association, notedthat “Charlie spoke frequently oncontinuing legal education panels,using his dry wit and easy, soft-spo-ken style to teach those in the audi-ence as well as his fellow panelists,including the judges. He devotedmany, many hours to training all ofus in the law.”

Ellen continued by saying that“In 1999, the Bankruptcy Section(of the Boston Bar Association) pre-sented Charlie with its prestigiousLifetime Achievement Award at theannual Bench Meets BarConference. He really did not wantto accept the award, but agreed todo so for the good of the BBA.”

All of us will miss Charlie’s serv-ice, humility an curiosity, all ofwhich we learned from him; mostof all, we will miss his kindness.

Duberstein provided the inspirationand guidance for the Saint John’sMoot Court competition, which wasestablished over 14 years ago.

In honor of his academic and pro-fessional achievements, SaintJohn’s University Law Schoolawarded him the Medal of Honor,the highest honor given to anyalumnus, as well as an honoraryDoctor of Laws. He was a memberof the fourth class of Fellows of theAmerican College of Bankruptcy.

Untimely Passing of Charles P. Normandin

Charles P. Normandin of Bostondied on December 21, 2005. A long-time partner at Ropes & Gray,Charlie, as most friends and col-leagues affectionately referred tohim, was one of the most reveredlawyers in the entire country.

Several Fellows of the Collegespoke eloquently and lovingly ofCharlie’s attributes and contribu-tions to the legal profession and thecommunity. Guy Moss fromBingham McCutchen eloquently putCharlie’s life into perspective.“There are, in all endeavors, certainpeople who are universally recog-nized as the “deans” of their profes-sion, individuals so esteemed, soreadily admired, so knowledgeable,so effective, so courteous and soembracing, that not only are theyprofessionally at the pinnacle, butalso the opportunity to work eitherwith or against them, or to listen toan educational presentation bythem, is for their colleagues a muchanticipated treat. Charlie was such aperson. He will clearly be missed.”

Charlie was honored by the mem-bers of the First Circuit, and others,at a memorial function held onJanuary 6, 2006, in Boston. RickMikels, of Mintz, Levin, Cohn, Ferris,Glovsky and Popeo, opined correctlythat “with the passing of Charlie thebankruptcy bar cannot help but to besignificantly diminished. Charlieused his overwhelming knowledge ofthe law as an effective advocacy tool.

friends and colleagues inPhiladelphia on January 26th. In afinal tribute, Ray noted that Leonwas the ultimate gentleman andgentle person. “Leon inspired us toachieve excellence, to reach for loftygoals, to be good citizens and to bedecent human beings. I am person-ally grateful that I was able to sharelife’s journey with Leon. He was agreat mentor, friend and confidant,and I was blessed to be associatedwith him for over 45 years.”

Ray Shapiro encouraged theFellows of the College to contributeto a fund established by theFoundation to honor Leon, whichwill be earmarked for theUniversity of PennsylvaniaArchives Project, which Leon nur-tured throughout his life.

An Irreplaceable Loss: Chief JudgeConrad B Duberstein, Chief Judge ofthe Bankruptcy Court for theEastern District of New York,passed away on November 18thafter a long battle with cancer. His90th birthday was marked by thededication and naming of theGeneral Post Office Building inBrooklyn, New York as the JudgeConrad B. Duberstein Courtroomsand Chambers by all of the Judgessitting in the U.S. BankruptcyCourt for the Eastern District ofNew York.

Appointed to the bench in 1981,Judge Duberstein served as ChiefJudge since 1984, presided over20,000 cases and authored morethan 170 published opinions. Aftervoluntarily retiring from the benchin December of 1995 he agreed tobe recalled into service to help withthe Court’s substantial caseload. Hewas recalled from his retirementevery year since. Judge Dubersteinwas respected both on and off thebench as a frequent writer andspeaker on bankruptcy topics. ASaint John’s University alumnusand former member of theAmerican Bankruptcy InstituteBoard of Directors, Judge

College Columns

Page 10 American College of Bankruptcy February 2006

College Columns

PATRONS

AlixPartners LLCJay AlixAlbert A. KochTed StengerBettina M. Whyte

Alston & Bird LLPR. Neal BatsonDennis J. ConnollyGrant T. Stein

Ballard Spahr Andrews & Ingersoll LLP

Carl A. Eklund

Blank Rome LLPBonnie Glantz FatellLeon S. FormanRaymond L. Shapiro

Bush Ross, P.A.Jeffrey W. Warren

Cohn Whitesell & Goldberg LLP

Daniel C. Cohn

Duane Morris LLPJohn CollenWilliam S. KatchenNeil P. OlackMargery N. ReedDavid T. Sykes

Fried, Frank, Harris, Shriver and Jacobson L.L.P.

Brad Eric SchelerAlan N. Resnick

Fulbright & Jaworski L.L.P.John A. BarrettEvelyn H. BieryZack A. Clement

Goldberg, Kohn, Bell, Black,Rosenbloom & Moritz, Ltd.

Ronald BarliantGerald F. MunitzAlan P. Solow

Goodwin Procter LLPDaniel M. GlosbandMichael J. PapponeJon D. Schneider

Greenberg Traurig, LLPMark D. BloomKeith J. ShapiroG. Ray Warner

Haynes and Boone, LLPRobert D. AlbergottiCharles A. Beckham, Jr.Robin E. Phelan

Heller, Draper, Hayden,Patrick & Horn LLC

Douglas S. DraperJan M. HaydenEdward M. HellerWilliam H. Patrick III

Holland & Hart LLPRonald M. MartinLarry E. PrinceJack L. Smith

Jenner & Block LLPDaniel R. MurrayRonald R. PetersonCatherine L. Steege

Milbank, Tweed, Hadley & McCloy LLP

Paul S. AronzonRobert Jay Moore

Mintz, Levin, Cohn, Ferris,Glovsky and Popeo, P.C.

William W. KannelRichard E. Mikels

Norton Institutes on Bankruptcy Law

Hon. William L. Norton, Jr.William L. Norton III

Pepper Hamilton LLPI. William CohenRobert S. HertzbergStuart E. HertzbergKay Standridge KressMichael H. ReedBarbara J. Rom

PwC AdvisoryTomoo Tasaku

Reed Smith LLPFrancis P. DicelloEric A. SchafferPaul M. SingerClaudia Z. Springer

Ropes & Gray LLPStuart Hirshfield

Sheppard, Mullin, Richter & Hampton LLP

Michael H. AhrensWilliam M. BurkeMerrill R. FrancisPrentice L. O’LearyJoel R. Ohlgren

Sidley Austin Brown & Wood LLP

H. Bruce BernsteinRichard W. HavelSally S. NeelyRichard T. Peters

Skadden, Arps, Slate,Meagher & Flom LLP

D. Jansing BakerJohn Wm. Butler, Jr.Richard B. LevinKayalyn A. MarafiotiAlesia Ranney-Marinelli

Squire, Sanders & Dempsey LLP

Stephen D. LernerThomas J. SalernoG. Christopher Meyer

Stutman, Treister & Glatt, P.C.

Jeffrey H. DavidsonHerman L. GlattRobert A. GreenfieldJeffrey C. KrauseIsaac M. PachulskiAlan PedlarGeorge M. TreisterGeorge C. Webster II

Togut, Segal & Segal, LLPAlbert Togut

Weil, Gotshal & Manges LLP

Martin J. BienenstockMarcia L. GoldsteinStephen KarotkinAlan B. MillerDeryck A. PalmerAlfredo R. Perez

Wilmer Cutler Pickering Haleand Dorr LLP

Paul P. DaleyWilliam J. PerlsteinMark N. PolebaumJohn D. SigelC. Hall Swaim

SPONSORS

Beckley Singleton Chtd.Kaaran E. Thomas

The Blackstone Group L.P.Timothy R. ColemanArthur B. Newman

Bracewell & Giuliani LLPHenry J. Kaim

Burr & Forman LLPRobert B. Rubin

Campbell & Levine LLCDouglas A. CampbellStanley E. Levine

Cozen O’ConnorArthur J. AbramowitzNeal D. ColtonWilliam Lipkin

Dann Pecar Newman & Kleiman, P.C.

David H. Kleiman

Felderstein Fitzgerald Willoughby & Pascuzzi LLP

Steven H. FeldersteinDonald W. Fitzgerald

Fowler, Measle & Bell, LLPTaft A. McKinstry

Gold , Lange & Majoros, P.C.

Stuart A. Gold

Gordon Brothers Group, LLC

Mitchell H. Cohen

Gordon, Feinblatt,Rothman, Hoffberger & Hollander, LLC

Lawrence D. Coppel

Hendel & Collins, P.C.Joseph B. CollinsPhilip J. Hendel

Holland & Knight LLPLeonard H. GilbertSamuel J. Zusmann, Jr.

Heuking Kühn Lüer WojtekDr. Hans-Jochem Lüer

Hughes Watters Askanase LLP

Joel P. Kay

Klee, Tuchin, Bogdanoff & Stern LLP

Lee R. BogdanoffKenneth N. KleeMichael L. Tuchin

Klett Rooney Lieber & Schorling, A ProfessionalCorporation

William H. Schorling

Kozyak Tropin & Throckmorton, P.A.

Laurel Meyerson IsicoffJohn W. Kozyak

Kutak Rock LLPKevin R. Huennekens

Lane Powell Spears Lubersky, LLP

Charles R. EkbergMary Jo Heston

Latham & Watkins LLPMichael S. LureyRobert J. RosenbergRobert B. Wessling

Lewis and Roca LLPSusan M. FreemanGerald K. Smith

Marcus, Santoro & Kozak, P.C.

Frank J. Santoro

McGuireWoods LLPRichard J. MasonRobert G. Sable

Miller & Martin PLLCShelley D. Rucker

Morgan, Lewis & Bockius LLP

Michael A. BloomRobert H. ScheibeRichard S. Toder

Munger, Tolles & Olson LLPThomas B. Walper

Munsch Hardt Kopf & Harr, P.C.

Ben B. Floyd

Navigant Consulting, Inc.Kenneth J. Malek

Neal & Harwell, PLCJames R. Kelley

Nelson Mullins Riley & Scarborough LLP

George B. Cauthen

Nixon Peabody LLPMark N. BermanDaniel W. SklarWilliam S. Thomas, Jr.

Paul, Hastings, Janofsky &Walker LLP

Jesse H. Austin, III

Peitzman, Weg & Kempinsky LLP

Lawrence PeitzmanArnold M. QuittnerHoward J. Weg

Phillips Lytle LLPWilliam J. Brown

Schulte Roth & Zabel LLPMichael L. CookJeffrey S. Sabin

Shaw Gussis Fishman GlantzWolfson & Towbin LLC

Robert M. FishmanSteven B. Towbin

SSG Capital Advisors, L.P.J. Scott Victor

Stearns Weaver, Miller,Weissler, Alhadeff & Sitterson, PA

Patricia A. Redmond

Stonecipher, Cunningham,Beard & Schmitt, P.C.

Philip E. Beard

Wachtell, Lipton, Rosen & Katz

Richard G. MasonHarold S. NovikoffLeonard M. Rosen

C. Kenneth White LLCC. Kenneth White

Willkie Farr & Gallagher LLPMarc AbramsMyron Trepper

Wise DelCotto PLLCLaura Day DelCottoTracey N. Wise

Acknowledgements

The American College of Bankruptcy would like to acknowledge and thank the following 2006 Patrons and Sponsors without whose help our educational sessions and events would not be possible.

As of March 1, 2006

Hon. John C. AkardProf. Peter C. AlexanderAlix Partners LLC - On Behalf of Jay AlixDaniel E. ArmelPaul S. AronzonRoy BabittR. Neal BatsonMichael St. Patrick BaxterPeter J. BenvenuttiH. Bruce BernsteinHon. Stuart M. BernsteinEvelyn H. BieryBingham McCutchen LLP -

On Behalf of Evan D. FlaschenBlank Rome LLP -

In Honor of Leon S. FormanMichael A. BloomJoseph BraunsteinJohn Wm. Butler, Jr.Richard P. CarmodyFrancis L. CarterGeorge B. CauthenJanet L. ChubbHon. Glen E. ClarkI. William CohenCharles T. ColemanDennis J. ConnollyHon. Joy Flowers ContiLawrence D. CoppelCharles C. CrumleyH. Slayton Dabney, Jr.Paul Patrick DaleyDann Pecar Newman & Kleiman, P.C. -

On Behalf of David H. KleimanHon. E. Stephen DerbyFrancis P. DicelloHarry D. Dixon, Jr.Bonnie Kay DonahueHon. Nancy C. DreherMark C. EllenbergFord ElsaesserHon. Joan N. FeeneyFelderstein Fitzgerald Willoughby & Pascuzzi

LLP - On Behalf of Steven H. Felderstein, Donald W. Fitzgerald

Hon. Judith K. FitzgeraldProf. S. Elizabeth GibsonLeonard H. Gilbert Hon. William H. GindinGlass & Associates, Inc. -

On Behalf of Shaun K. DonnellanHonl. Paul M. GlennDaniel M. GlosbandStuart A. GoldGordon Brothers Group -

On Behalf of Mitchell H. CohenHerbert M. GravesGrover Hartt, III

Philip J. HendelStuart E. HertzbergHon. William C. HillmanStuart HirshfieldHutson Hughes & Powell, P.A.

On Behalf of Richard M. HutsonCarl M. JenksStephen KarotkinJoel P. KayRichardo I. KilpatrickKilpatrick & Associates, P.C. -

On Behalf of Richardo I. KilpatrickAlbert A. KochMartha E.M. KopaczLillian E. KraemerKay Standridge KressKroll Zolfo Cooper, LLC -

On Behalf of Stephen F. CooperLewis KrugerHon. Joe LeeStephen D. LernerDavid E. LetaRichard B. LevinMarc A. LevinsonHon. Basil H. LorchMichael S. LureyRalph R. MabeyMargaret M. MannHon. Robert A. MarkRichard J. MasonMayer, Brown, Rowe & Maw LLP -

On Behalf of J. Robert StollW. Clarkson McDow, Jr.Hon. Mark B. McFeeleyMichael McGrathG. Christopher MeyerProf. Charles W. MooneyMoyer & Bergman, P.L.C. -

On Behalf of Eric LamEdward J. NazarSally S. NeelyProf. Grant W. NewtonNicholls & Crampton, P.A. -

On Behalf of Gregory B. CramptonCharles P. NormandinHon. William L. Norton, Jr. William L. Norton IIIJoel R. OhlgrenAlec P. OstrowPachulski Stang Ziehl Young Jones &

Weintraub - On Behalf of William P. Weintraub

Dr. Klaus PannenPeter V. PantaleoHon. Alexander L. PaskayWilliam J. PerlsteinRichard T. PetersJoel B. PiassickHon. James F. Queenan

Mary Ann RabinChristopher J. RedmondPatricia A. RedmondMargery N. ReedReinhart Boerner Van Deuren S.C. -

On Behalf of Peter C. BlainM. Freddie ReissHon. Robin L. RibletRandy RogersRopes & Gray LLP -

On Behalf of Stuart HirshfieldLeonard M. RosenRobert J. RosenbergLewis S. RosenbloomHon. Adolfo RouillonHideyuki SakaiEric A. SchafferMary Davies ScottJ. Robert SederRaymond L. ShapiroMyron M. SheinfeldSheppard Mullin Richter & Hampton LLP -

On Behalf of Michael H. Ahrens, William M. Burke, Merrill R. Francis,Prentice L. O’Leary, Joel R. Ohlgren

John D. SigelPaul M. SingerGerald K. SmithHon. Robert SommaClaudia Z. SpringerSteffes, Vingiello & McKenzie, L.L.C. -

On Behalf of William E. SteffesEdward J. Stenger, Jr.Stichter, Riedel, Blain & Prosser, P.A. -

On Behalf of Don M. Stichter, Harley E. Riedel

J. Robert StollStonecipher, Cunningham, Beard & Schmitt -

On Behalf of Philip E. BeardDavid T. SykesProf. Walter J. TaggartHon. Shinjiro TakagiTomoo TasakuThe William Penn Foundation -

On Behalf of Joseph A. DworetzkyHon. Douglas O. TiceR. Patrick VanceHon. Mark W. VaughnJ. Scott VictorThomas B. WalperJeffrey W. WarrenRichard L. WassermanProf. Jack F. WilliamsProf. Robert M. ZinmanHon. Gregg W. Zive

Total Donors - 146Total Donations - $98,340

February 2006 American College of Bankruptcy Page 11

College Columns

The American College of Bankruptcy Foundation Wishes to Express Its Deep Appreciation to the Following 2005 Contributors