2021 Education Sessions

2021 Conference Program Book
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TUESDAY, MAY 11, 2021
PRE-CONFERENCE DAY - CONSUMER PROGRAM

9:00am – 10:15am
The Wipe Out!

For the consumer debtor, the discharge order is the financial fresh start motivating the bankruptcy filing. This session will explore the latest developments in enforcing the discharge injunction, including the Supreme Court’s recent decision in Taggart v. Lorenzen, in calculating damages for discharge violations, and procedural considerations to discharge.

Producers:
Ahren Tiller; Bankruptcy Law Center, San Diego
J. Jackson Waste; Baker Manock & Jensen PC, Fresno

Speakers:
Hon. Laura Taylor; US Bankruptcy Court, Southern District of California, San Diego
Daniel L. Geyser; Geyser PC, Dallas
Alan Vanderhoff; Vanderhoff Law Group, San Diego
Mark Young; Donahoe & Young LLP, Santa Clarita

3:30pm – 4:45pm
Representing Consumers When the Big Wave Hits

When companies like Ditech, PG&E or national retail stores file for bankruptcy, thousands of consumers have their rights affected. This session will provide insight on how consumer lawyers can protect their client’s interests when the “big guy” turns out to be the debtor.

Producers:
Anthony Bisconti
; Beinert | Katzman PC, San Clemente
Sabina Jacobs Margot; Gibson Dunn & Crutcher LLP, Los Angeles

Speakers:
Hon. Julia Brand
; US Bankruptcy Court, Central District of California, Los Angeles
Jenny Doling; J. Doling Law PC, Palm Desert
Tara Twomey; National Consumer Bankruptcy Rights Center, San Jose
David Wood; Marshack Hays LLP, Irvine

5:00 PM – 6:15 PM
The Paddle Battle: When Bankruptcy and Family Law Collide

Surfer girl and surfer boy divorce; then, surfer boy files for bankruptcy! Now what? Unique challenges and issues accompany bankruptcy cases, for both creditors and the debtor, when a consumer debtor files bankruptcy after dissolution of marriage. This session will provide a primer on, as well as the latest developments in, such issues as child and spousal support claims, the impact of bankruptcy on a property marital settlement agreement, and the treatment of debts incurred during marriage in bankruptcy.

Producers:
Nicholas Kohlmeyer
; Desmond Nolan Livaich & Cunningham, Sacramento
Larry Simons; Law Offices of Larry D. Simons, Mission Hills

Speakers:
Hon. Roger Efremsky
; US Bankruptcy Court, Northern District of California, Oakland
Judith Marshack; Marshack Hays LLP, Irvine
Eric Schwab; Attorney at Law, Sacramento

WEDNESDAY, MAY 12, 2021

3:00 PM – 3:15 PM
Opening Remarks

3:15 PM-4:30 PM
Keynote Address by California Chief Bankruptcy Judges on Court Operations Under Covid-19 Restrictions

Moderator:
Hon. Roger Efremsky
; US Bankruptcy Court, Northern District of California, Oakland

Speakers:
Hon. Margaret Mann
; Chief Judge, Southern District of California, San Diego
Hon. Charles Novack; Chief Judge, Northern District of California, Oakland
Hon. Ronald Sargis; Chief Judge, Eastern District of California, Sacramento
Hon. Maureen Tighe; Chief Judge, Central District of California, Woodland Hills

4:30 PM – 5:45 PM
Judges’ Roundtable - Zoom Trials, Depositions, and Hearings - Will They Continue Into the Future?

This program will feature a discussion of Judges’ and practitioners’ experience in the brave new world of legal proceedings by video conference, and predictions on how this growing trend may continue and change in the post-COVID world.

Join the judge hosting each table for a lively conversation of pandemic year experiences, with its pluses and minuses for the parties.

Producers:
Sharon Kopman
; Oak Point Partners, Los Angeles
Shane Moses; Foley & Lardner, LLP, San Francisco

THURSDAY, MAY 13, 2021

9:00 AM – 10:15 AM
Young Insolvency Professionals Program

The Young Insolvency Professionals (YIP) program is geared toward providing YIPs with the tools and support they need to further their professional development in the fields of bankruptcy and insolvency. The CBF envisions its YIP constituents as being either within their first five to eight years of practicing or working within the insolvency community.

Big Wipeout: Making the Automatic Stay Work for You
Like a coral reef below the surface, the automatic stay is something new bankruptcy surfers cannot afford to ignore. Learn about what actions are stayed and when the stay expires, carving radical ideas for conditional relief, and preparing for and defending against gnarly motions for stay relief.

Producers:
Andrew Still
; Snell & Wilmer, Costa Mesa
Ryan Witthans; Finestone Hayes LLP, San Francisco

Speakers:
Robert P. Goe, Esq.
; Goe Forsythe & Hodges LLP, Irvine
David B. Shemano; Shemano Law, Los Angeles

General Session Education

12:00 PM – 1:15 PM
Searching for Dry Land: Real Estate Bankruptcies
Low interest rates, high property values, and the record 10-year bull market have largely washed real estate bankruptcy issues into the backwater. But the high-water mark may not be far off, and a retail sector that is already struggling will face further pressure if the broader economy declines. This panel will survey real estate bankruptcy issues (new and old) that are likely to surface in the next economic downturn.

Producers:
Nathan Schultz

Kelly Tran; Small Law PC, San Diego

Speakers:
Hon. Scott C. Yun
; US Bankruptcy Court, Central District of California, Riverside
Ivan Gold; Allen Matkins Leck Gamble Mallory & Natsis LLP, San Francisco
Robert S. Marticello; Smiley Wang-Ekvall LLP, Costa Mesa
Michele Vives; Douglas Wilson Companies, San Diego

4:30 PM – 5:45 PM
Small Fish in A Big Tide Pool: Individual and Small Business Chapter 11s
Sponsored by Truste Solutions

Chapter 11 is often synonymous with large corporate filings, but its provisions cast a far wider net. This panel will focus on considerations unique to individual and small business Chapter 11 filings, and will delve into recent and nuanced developments in the law. The discussion will include feedback from the first few months of implementation of the Small Business Reorganization Act of 2019, as well as new case law on the absolute priority rule and the debtor’s retention of exempt property, whether a large non-dischargeable judgment can preclude plan confirmation, and other recent changes likely to impact Chapter 11 practitioners.

Producers:
Nicholas A. Koffroth
; Fox Rothschild, LLP, Los Angeles
Allison Rego; Barnes & Thornburg LLP, San Diego

Speakers:
Hon. Neil W. Bason
; US Bankruptcy Court, Central District of California, Los Angeles
Barbara Gross; Attorney at Law, San Diego
Robert G. Harris; Binder & Malter LLP, Santa Clara
Jason “Jake” Rios; Felderstein, Fitzgerald, Pascuzzi, Willoughby & Rios LLP, Sacramento

FRIDAY, MAY 14, 2021

General Session Education
8:00 AM – 9:15 AM
Raising the White Flag: Why Consider Abandoning Bankruptcy to an Alternative Choice
Co-Sponsored by the California Receivers Forum and The Seymour Group/Keller Williams Realty


Bankruptcy is not the only option and, at times, not the best. Co-sponsored with the California Receivers Forum, this panel will discuss the alternatives to bankruptcy and their pros and cons, and which factors should be examined to determine the method that best suits the situation. Professionals may understand the fundamentals of their options outside of bankruptcy, but could overlook underlying benefits of a Receiver, Assignee or Mediator and their ability to efficiently and effectively administer a case as compared to restrictions placed on Court bounded debtors or Trustees.

Producers:
Gerard F. Keena, II
; Bay Area Receivership Group, Berkeley
Joseph Zagajeski; Development Specialists, Inc., San Francisco

Speakers:
Hon. Erithe A. Smith; US Bankruptcy Court, Central District of California, Santa Ana
Mia Blackler; Lubin Olson & Niewiadomski LLP, San Francisco
Byron Moldo; Ervin Cohen & Jessup, Los Angeles
Joel Weinberg; Insolvency Services Group, Los Angeles

12:00 PM – 1:15 PM
Judges’ Roundtable - Recent Changes in the Bankruptcy Code and Case Law

Join your colleagues and bankruptcy judges in a practical discussion on the impacts of the Small Business Reorganization Act of 2019, the COVID-related changes to the Bankruptcy Code, and recent case law regarding attorney’s fees after Penrod.

A judge will lead each table’s discussion.

Producers:
Joseph Boufadel
; Salvato Boufadel LLP, Los Angeles
Fanny Cherng; Legal Aid Society of San Diego, Inc., San Diego

4:30 PM – 5:45 PM
Walk the Plank: Debates on Hot Topics in Bankruptcy
Pull up your oars and bear witness to a legal duel – will the judge throw the candidates a life-line or verbal cement shoes? Watch the candidates walk the plank or live to tell their tales as they examine, argue, and support their positions on important issues facing bankruptcy professionals in a quick-fire, mock political debate format.

Producers:
Jeannie Kim
; Sheppard Mullin, San Francisco
Roksana D. Moradi-Brovia; Resnik Hayes Moradi LLP, Los Angeles

Moderator:
John Tedford IV
; Danning Gill Israel Krasnoff LLP, Los Angeles

Debate Participants:
Hon. Margaret M. Mann
; US Bankruptcy Court, Southern District of California, San Diego
Caroline Djang; Best Best & Krieger, Irvine
Jason Rosell; Pachulski, Stang Ziehl & Jones LLP, San Francisco

SATURDAY, MAY 15, 2021

Competency

9:00 AM – 10:15 AM
Competency: Help! I Need Somebody!
Sponsored by Signature Bank


Among lawyers, rates of problematic use of alcohol, anxiety, and depression far exceed rates estimated in the general population. Attorneys in private practice, attorneys in their first ten years of practice, and male attorneys are all at increased risk of problematic use of alcohol. Abuse of alcohol and other substances can be triggered by stress, anxiety and depression, but can also contribute to and exacerbate mental health disorders, putting lawyers at increased risk of self-injurious behaviors and suicidal thoughts. These findings, the results of a joint study by the American Bar Association and the Hazelden Betty Ford Foundation, reveal a crisis in the legal profession. This panel will discuss how lawyers can help protect themselves, their clients, and their colleagues by learning to identify and address signs of impairment. The panel will also provide attendees with an understanding of the underlying causes of attorney impairment and the related California Rules of Professional Conduct. This panel will qualify for competency specialty MCLE credit.

Producers:
Kenneth Shemwell
; Law Offices of David Brody, San Diego
Ariella T. Simonds; KTBS Law LLP, Los Angeles

Speakers:
Hon. Peter Bowie (Ret.)
; Dinsmore & Shohl, San Diego
Greg Dorst; The Other Bar, Los Angeles

11:15 AM – 12:15 PM
Bankruptcy Quiz Show

Game Show Host: Hon.Sheri Bluebond; US Bankruptcy Court, Central District of California, Los Angeles

Judges Panel:
Hon. Theodor Albert, Santa Ana
Hon. Martin Barash, Woodland Hills
Hon. Neil Bason, Los Angeles
Hon. Julia Brand, Los Angeles
Hon. Roger Efremsky, Oakland
Hon. Elaine Hammond, San Jose
Hon. Margaret Mann, San Diego
Hon. Deborah Saltzman, Los Angeles

Using cases from the last two years, Judge Bluebond will ask attendees a case trivia question. The audience will select answers and see how the group polls. Judges will be called upon to discuss the case. Get ready to detect Judge Bluebond’s zingers and tricks!

Producers:
Jeffrey S. Kwong
; Levene Neale Bender Yoo & Brill LLP, Los Angeles
Brian Osborne; Omni Agent Solutions, Woodland Hills

3:30 PM – 4:45 PM
IP Assets Caught in the Bankruptcy Rip Tide

Intellectual Property assets present unique challenges in bankruptcy. Article 9 financing statements may or may not be enforceable, and, in some instances, may actually be to your client’s detriment. Can a debtor assume and assign IP rights? Revoke them by rejecting a license? How is a security interest in intellectual property perfected and enforced? How you define the intellectual property assets can greatly impact your client’s rights, and those rights are constantly changing. This panel will help you spot the issues and navigate your way out of the bankruptcy rip tide, whether you represent a secured lender, debtor, or contract counter-party.

Producers:
Kimberly S. Fineman
; Nuti-Hart LLP, Oakland
Marshall Hogan; Snell and Wilmer, Costa Mesa

Speakers:
Hon. Elaine Hammond
; Northern District of California, San Jose
Valerie Banter Peo; Buchalter, San Francisco
Eric Goldberg; DLA Piper, Los Angeles
Stephen Robertson; Metis Partners, San Francisco

SUNDAY, MAY 16, 2021

Young Insolvency Professionals Program

The Young Insolvency Professionals (YIP) program is geared toward providing YIPs with the tools and support they need to further their professional development in the fields of bankruptcy and insolvency. The CBF envisions its YIP constituents as being either within their first five to eight years of practicing or working within the insolvency community.

10:00 AM – 11:15 AM
Parting Waves: Consensus Building in Bankruptcy
Whether the case is a “locals only” small business or a major surf spot attracting parties from across the country, it is crucial to build consensus quickly before the tide turns. We will discuss identifying potential sticking points at the start of the case, mediating to resolve matters quickly and inexpensively, and maintaining your client’s credibility as an estate fiduciary that has all parties in interest in mind.

Producers:
Monsi Morales
; Margulies Faith LLP, Encino
Gerrick Warrington; Frandzel Robins Bloom & Csato LC, Los Angeles

Speakers:
Hon. Mitchel R. Goldberg, (Ret.)
; Judicate West, Santa Ana
James C. Bastian, Jr.; Shulman Bastian LLP, Irvine
Sara L. Chenetz; Perkins Coie LLP, Los Angeles

11:15 AM – 12:30 PM
Gidget Goes Bankrupt: The First 120 Days of a Chapter 11 Case
Young insolvency attorneys find themselves paddling out to draft first day motions or preparing schedules and statements with modest appreciation for how it all fits into the strong currents and tides of a new chapter 11. Get stoked about first day motions, working efficiently with the client or financial advisor to prepare your case, and encouraging a productive (and non-adversarial) relationship with the US Trustee in preparation for the IDI and 341(a) Meeting.

Producers:
Keith Banner
; Greenberg Glusker LLP, Los Angeles
Jessie Chun; Grobstein Teeple LLP, Los Angeles

Speakers:
Hon. Scott C. Yun
; US Bankruptcy Court, Central District of California, Riverside
Abigail O’Brient; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Los Angeles
Matthew Olson; Dorsey & Whitney, Palo Alto
Kevin Otus; Onyx Advisors, San Francisco

 
California Bankruptcy Journal

California Bankruptcy Forum