2019 Programming for The 31st Annual Conference at the Westin Mission Hills:
FRIDAY MAY 17, 2019
GENERAL SESSION EDUCATION
11:30am – 12:00pm
A Star is Born: Navigating Legal Ethics for the Social Media Bankruptcy Influencer
Social media platforms are everywhere. It has grown into an essential marketing for lawyers, who unlike many other working professionals, are bound by strict ethical codes of conduct when it comes to marketing and communicating with non-lawyers. This panel will focus on how attorneys can successfully navigate the minefields of social networking to grow their business while still adhering to the new California Rules of Professional Conduct.
Christine E. Baur; Law Office of Christine E. Baur, San Diego
Kailey Wright; Grobstein Teeple LLP, Los Angeles
12:45pm – 1:45pm
Lunch / Keynote Address featuring Dean L. Song Richardson, UC Irvine School of Law
Promoting Equity: The Influence of Unconscious Biases on Decisions and Judgments (CLE)
Many individuals believe in racial and gender equality and reject discrimination in any form. Yet, unconscious mental processes which are shaped over time by history and culture can lead us to view the world through a biased lens and to behave contrary to our deeply held egalitarian values. Dean Richardson will discuss these unconscious mental processes and how they can influence decision-making and judgment. She will end with some recommendations for safeguarding against the influence of these unconscious biases.
1:45pm – 2:45pm
C. John M. Melissinos; Greenberg Glusker Fields Claman & Machtinger LLP, Los Angeles
Ivo Keller; SSL Law Firm LLP, San Francisco
3:15pm – 4:15pm
Fly Me to the Moon: Are Bankruptcies and Receiverships Jointly Available to the Cannabis Industry?
Can bankruptcy protection ever be an option for cannabis and cannabis-related businesses? This panel examines the current state of the law for businesses that operate in the cannabis industry, whether any of those can be eligible for bankruptcy relief, the rights, remedies, and the mechanics of bankruptcy alternatives such as receiverships or assignments for the benefit of creditors available to restructure or liquidate a distressed cannabis business.
Natalie B. Daghbandan; Bryan Cave Leighton Paisner LLP, Orange County
Thomas Hwang; Dorsey & Whitney, San Francisco
3:15pm – 4:15pm
Beam It Up, Scotty! Practicing Law in the E-Discovery Era – What Every Bankruptcy Attorney Needs to Know
The demands and costs of e-discovery in bankruptcy litigation continue to grow. Most bankruptcy litigation involves some level of e-discovery, and it is essential to know how to effectively and fairly handle the many issues that can arise. This panel will provide an assessment of the current state of e-discovery practice. It will provide tips and strategies for avoiding pitfalls, and discuss important ethical issues in light of court decisions imposing discovery sanctions and outlining the duties of clients, outside and in-house counsel.
Thomas P. Jeremiassen Development Specialists Inc, Los Angeles
Dara Levinson Silveira; Keller & Benvenutti LLP, San Francisco
4:30pm – 5:30pm
A Space Odyssey: Understanding LLC Reorganizations, Rights and Remedies
Limited liability companies are outpacing corporations as the preferred business form. But the Bankruptcy Code does not deal specifically with these popular entities. This panel will discuss the rapidly evolving law addressing many of the unique issues that LLCs present, such as the interaction between the Bankruptcy Code and state law relating to member-managed and manager-managed LLCs, single- member LLCs, LLCs as assets of an estate, charging liens, restrictions on attachment or transfer of membership interests, and forced insolvencies.
Reno F.R. Fernandez III; Macdonald Fernandez LLP, San Francisco
Deepalie Milie Joshi; Joshi Law Group, San Diego
4:30pm – 5:30pm
Strategies and Remedies to Recover Hidden Assets Even the Hubble Telescope Can’t See
Creditors and trustees frequently face the challenge of seizing hard-to-reach assets that debtors either fail to disclose or identify as being unavailable to pay creditor claims. Last year’s conference discussed the standards that meet the full disclosure requirement in bankruptcy. This year, our panel will discuss investigative measures to discover hidden assets, “consent directives,” and other rights and remedies available to overcome debtors’ creative attempts to shield estate property from the reach of creditors and trustees.
Michael J. Gomez; Frandzel Robins Bloom & Csato LC, Fresno
Gary B. Rudolph; Sullivan Hill Rez & Engel, San Diego
SATURDAY MAY 18, 2019
MORNING GENERAL SESSIONS
8:30am – 9:30am
Starry Decisis: Concentration Part III
Brian Osborne; Omni Management Group, Los Angeles
Sharon Kopman; Oak Point Partners, Los Angeles
10:00am – 11:00am
What Planet Are You On? An Examination of Caselaw Inﬂuencing Corporate Debtors to Seek Bankruptcy Protection in Jurisdictions Other than California
You’ve heard the usual reasons given for filing bankruptcy cases outside of California. This panel will move beyond those and examine divergent case law that debtors and their advisors should consider when determining where to file a chapter 11 business case, as well as legal factors that courts consider when evaluating requests to transfer cases to venues that are arguably more convenient to creditors, employees and other stakeholders.
Erin N. Brady; Hogan Lovells, Los Angeles
Marcus O. Colabianchi; Duane Morris LLP, San Francisco
11:00am – 12:00pm
Nicholas A. Koffroth; Venable LLP, Los Angeles
Valerie Bantner Peo; Buchalter, San Francisco
AFTERNOON SPECIAL SESSIONS
The Young Insolvency Professional (YIP) programming 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 practice, generally or within the insolvency community.
12:30pm – 1:30pm
YIP Registrant Luncheon
1:30pm – 2:30pm
Navigating the Meteor Showers: A Primer for Young Lawyers on Keeping It Ethical
This keynote presentation and the following roundtable discussion will include an examination of ethical issues young attorneys may face in bankruptcy cases, including, for example, fraud and concealment of assets. The keynote will encourage young lawyers in standing firm with clients and/or partners when ethical concerns arise.
Honorable Maureen A. Tighe; Central District of CA, Woodland Hills
Jessica Nadler; SL Biggs, A Division of SingerLewak, Los Angeles
Christopher D. Hughes; Nossaman LLP, Sacramento
2:45pm – 3:45pm
Appealing to a Higher Power: A Primer on the Appellate Process for Young Bankruptcy Professionals
This panel will provide a skills-oriented discussion on the appellate process for bankruptcy professionals. Topics will include when to appeal to the BAP versus the district court; standards of review, what they mean, and how to try to frame them favorably in your case; how to put together the excerpts of the record; how to cite to the record; and when to address jurisdictional deficiencies.
Kevin D. Meek; Robins Kaplan LLP, Los Angeles
Miguel Saldana; Gordon Rees Scully Mansukhani LLP, San Francisco
4:00pm – 5:00pm
Choosing Your Trajectory: Bankruptcy vs. Receivership vs. ABC Proceedings
Co-sponsored with the California Receivership Forum, this panel will provide young bankruptcy professionals with a primer on the main differences between bankruptcy proceedings, receiverships, and ABC proceedings, and strategies for choosing the appropriate avenue for clients. Co-produced by California Receivers Forum. Any registrant is welcome to attend this session.
Roksana Moradi-Brovia; Resnik Hayes Moradi LLP, Los Angeles
Andrew Still; Snell & Wilmer LLP, Orange County
1:30pm – 2:30pm
Keeping Your Case from Getting Lost in Space: The Ever-Expanding Scope of Property of Estate and the Use of Turnover Motions to Invalidate Exemptions
This panel will focus on recent issues relating to the scope of property of the estate. It will also discuss possible strategies for addressing delays in case administration, such as motions to compel abandonment and motions for interim distributions. Finally, the panel will discuss the use of turnover motions by trustees to invalidate exemptions.
Kerry Ann Moynihan; Moynihan Law Office PC, Orange County
Larry D. Simons; Law Offices of Larry D. Simons, Los Angeles
2:45pm – 3:45pm
Avoiding Black Holes: A Hitchhiker’s Guide to the Debtor’s Pursuit of an Award of Attorney’s Fees
This panel will discuss the Ninth Circuit’s rulings in Penrod and Bos, and strategies for pursuing an award of attorney’s fees under contract, statute, and the Bankruptcy Code (e.g., sections 362, 523 and 524) and rules (e.g., FRBP 3002 and 9011).
Joseph Boufadel; Salvato Law Offices, Los Angeles
Stella Havkin; Havkin & Shrago, Los Angeles
4:00pm – 5:00pm
The Ever-Changing Cosmos of Chapter 13: Hot Button Topics
This panel will explore new and evolving issues in chapter 13. Topics will include: modifying the automatic stay to assist debtors in classifying student loans; the importance of responding to Rule 3002 notices when lenders add costs and expenses post-bankruptcy or modify escrow accounts; responding to final cure notices before it’s too late; and end-of-plan issues to watch out for before the end of your client’s case, when it MIGHT be too late.
Lucy Mavyan; The Bankruptcy Law Center, Los Angeles
Charity J. Manee; Reid & Manee, LLP, Riverside