Sua Sponte

Ivan J. Reich
Becker & Poliakoff, PA
Email: ireich@becker-poliakoff.com

Something exciting this way comes…..I would like to take the time this month to address something very exciting.  This news arises out of the Southern Region (that is very dear to my heart) of the Commercial Law League.

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New York Education Programs

Ethics: Arrow’s in the Bankruptcy Judges’ Quiver Approach
An examination of  the various sources of sanctioning authority including the court’s inherent power, 28 USC Sec. 1927, Sec. 105(a) Rule 901 (1) the court’s control over fees, and the sections of the code directed at particular parties or particular conduct (e.g. the new debt relief agency provisions).

read more...

Washington Hot News

THE YEAR IN REVIEW: CASE LAW DEVELOPMENTS UNDER THE BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005

read more...

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Sua Sponte

Something exciting this way comes…..I would like to take the time this month to address something very exciting.  This news arises out of the Southern Region (that is very dear to my heart) of the Commercial Law League.

As many of you may know, this past summer was the last of the League’s Annual Summer Meetings. Those meetings were very important to me on both a business and personal level. I am of the opinion that there is no greater business generating opportunity than the opportunity to sit and meet with fellow lawyers (and their spouses and families) from around the country (and the world) and develop a personal relationship.  It is these relationships that lead to each of us sending one another business. For my family and I, the end of that meeting and the smaller regional meetings, are the loss of opportunities to meet new friends and colleagues and to further the many existing relationships developed over the years.

The reason that such meetings have ended is primarily financial.   Over the years there has been a declining meeting attendance, this has resulted in a monetary loss to the organization.  Ironically, the last Annual Summer Meeting this past July in Asheville actually made money, and was a great success. The end of these meetings has lead to a feeling that some changes needed to be made to the way our meetings are currently held, and there is movement afoot in the League to do just that.

The Southern Region has been working to develop a new meeting model.  The models include changes to the overall meeting format.  The new format will be designed to target particular trade and industry groups and associations, to allow for more intimate interfacing with possibly beneficial business groups. Such a meeting model would be of benefit to League members, and in particular the members of our bankruptcy section, who have not traditionally fallen within the League’s Triadic business development model. This meeting format is still in the development stage, and I will tell you more about it as it becomes closer to fruition. In the meantime, I would ask section members to please contact me via email at Ireich@becker-poliakoff.com with any suggestions for particular groups or organizations you might have an interest in having meetings with in the future.  If you have any contacts with any groups that you think might prove useful for us as bankruptcy lawyers to interact please indicate those as well.

Southern Region is also spearheading a proposal to fill a need that we as a League are often fail to focus on. That is the development of leadership training and strategic planning for the League and for each of its regions and sections. The idea - an annual retreat, at a resort, in the summer.  League, Section and Region leaders will be trained in leadership and board skills, while also and developing a strategic plan for our future. This retreat would be informal and families would be encouraged to attend. While primarily geared towards those holding current CLLA leadership, it would be open to all who care about the future of the League, and strive to someday take on a leadership position. This retreat would also fill the void left by the end of the Annual and Regional Meetings, in that it would offer small group socialization and networking at the lawyer, spouse and family level that is so hard to do at the business models of the NY and Chicago meetings. The retreat is being designed to be financially self supporting to avoid the drain on League resources. This proposal is to be considered by the Board of Governors at the New York meeting next month.  I encourage each of you to please strongly consider and lend your support to this proposal, and encourage the members of the Board of Governors that you speak with to support it as well.

That is all until next month.  I look forward to seeing each of you in November in San Francisco at the National Conference of Bankruptcy Judges, and at the CLLA’s Eastern Region Meeting in New York.

Ivan

Ivan J. Reich
Becker & Poliakoff, PA
3111 Stirling Road PO Box 9057
Fort Lauderdale, FL 33310-9057 USA
Phone: 954-985-4135
Fax: 954-985-4176
Email: ireich@becker-poliakoff.com

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New York Education Programs

Ethics: Arrow’s in the Bankruptcy Judges’ Quiver Approach
An examination of  the various sources of sanctioning authority including the court’s inherent power, 28 USC Sec. 1927, Sec. 105(a) Rule 901 (1) the court’s control over fees, and the sections of the code directed at particular parties or particular conduct (e.g. the new debt relief agency provisions).

Speakers: Judge Cecilia Morris (U.S Bankruptcy Court - Southern District of New York), William H. Schorling, Esq. (Buchanan Ingersoll & Rooney, P.C.), Catherine E. Vance (Development Specialists Inc),
Paige Barr (Jaffe, Raitt, Heuer & Weiss Professional Corporation).

BAPCPA One Year Later
An in depth and up to date review of the activity swirling through the bankruptcy courts in response to BAPCPA and its myriad of provisions.  From “Fast Tracking” small businesses in Chapter 11, to the changes in Creditors’ Committee responsibilities to the new homestead exemptions and discharges, and even expanded reclamation rights, this program promises to cover all things BAPCPA. Whether you are an attorney or a trade creditor or any other bankruptcy professional you will benefit from the words, wisdom expertise and research of this panel presentation.

Speakers: Judge Robert D. Drain (U.S. Bankruptcy Court - Southern District of New York)  Judge C. Ray Mullin (U.S. Bankruptcy Court – Northern District of Georgia) Professor Ray Warner (St. John’s University School of Law) Dan O’Brien, CPA (Deloitte & Touche)
Moderator; Deborah K. Ebner, Esq. CLLA Bankruptcy Section Chair-Elect

Bankruptcy: A 360° View
Learn from the diverse forces brought together by the commercial bankruptcy process—the trustee, the commercial trade creditor, the creditors’ rights attorney, the bankruptcy practitioner, and an adjustment expert—as they share their “behind the scenes” thoughts, challenges and experiences. Learn the facets a trade creditor must consider in deciding whether or not to take a seat on a creditors’ committee, what to do with an ongoing contract, whether or not to sell to a Chapter 11 debtor and how to keep the line of communication open. Gain an understanding of what issues confront the creditors’ rights attorney who needs to protect his commercial client when a bankruptcy hits. Learn from an experienced bankruptcy
practitioner what some of the more complex issues are that must be dealt with in a Chapter 11 proceeding. Understand some of the avenues a trustee must pursue either in a Chapter 11 proceeding or in a chapter 7 proceeding. What does that trustee do with assets, receivables, or claims against creditors or insiders?
Discover how an adjustment expert can work with a trustee in liquidating the assets; or how an adjustment expert can be utilized in the first place to liquidate the assets to the best interests of creditors.

Speakers: Wanda Borges (Borges & Associates, LLC), Mary Ann Blackmore (CCE, Tech Data Corporation), Gregory M. Garner (San Diego Credit Association),
Jerry Myers, Esq.(Smith Debnam Narron Wyche Saintsing & Myers, L.L.P)
Gary Weiner, Esq. (Weiner Law Firm, P.C.)

Preferences: Guilty Until Proven Innocent
Are preferences a profit center for professionals or a benefit to the estate? Listen in as an unsecured creditor, an accountant and a Trustee discuss their views and treatments of preference actions.
What is done and should be done behind the scenes before a preference action is brought against a creditor? What does “ordinary” mean? What does a creditor have to do to prove its defenses? Are there steps a creditor can take prior to the bankruptcy being filed to protect the payments received? What factors play into the settlement process? Have the changes to the bankruptcy laws changed the way the Trustees will be pursuing potential preference issues?

Speakers: Peter Califano (Cooper, White & Cooper, LLP,  Dan Goldberg (Ross,
Banks, May, Cron & Cavin PC) Harry Greenfield (Buckley King) Ken Simon,
(CPA,Navigant Consulting, Inc) Val Venable (CCE, GE Plastics Americas)

For More Information visit www.clla.org/events CLLA New York Meeting

 

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Upcoming CLLA Events

80th Annual National Conference of Bankruptcy Judges

Join the CLLA November 1-4 in San Francisco at the 80th Annual National Conference of Bankruptcy Judges.  The Bankruptcy Section  will be hosting its annual breakfast program and an annual afternoon education program on Current Developments in Hot & Emerging Areas.  Both of these programs are always well attended.  Our breakfast speaker this year is Dr. Michael Roizen who is a well-known doctor, writer and speaker, featured often on The Oprah Winfrey show.  The afternoon session on Hot & Emerging Areas: “Everything You Always Wanted to Know (and Didn’t Necessary Ask) About Creditors Committee Representation” has a distinguished panel of speakers that you will not want to miss. 

The Bankruptcy Section will also present the Lawrence P. King Award in San Francisco.

86th New York Meeting

The 86th New York Meeting is November 9-12 at the Sheraton New York Hotel & Towers and this year’s schedule provides excellent educational and networking opportunities for all attendees.  Following past success, another Agency/Attorney Networking Session will be held Thursday afternoon.  The next morning, CLLA President Sidney Friedman will discuss the state of the CLLA during the General Business Session. 

Visit the CLLA website and proceed to the Events section at http://www.clla.org/events.cfm#34 to learn more about the programs scheduled.

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Washington Hot News

THE YEAR IN REVIEW: CASE LAW DEVELOPMENTS UNDER THE BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005

Click here for PDH Document (2MB).

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NCBJ Programs

A special “Thanks” to all of who helped in the planning and sponsoring of our programming at the 2006 National Conference of Bankruptcy Judges, to be held Thursday November 2, 2006 in San Francisco, CA.

21st Annual Current Developments in Hot & Emerging Areas
The Honorable Frank W. Koger Memorial Educational Program
November 2, 2006 - 2:30 p.m. - 5:30 p.m. - San Francisco, CA

 

NCBJ Planning Committee
Judge Judith Fitzgerald
Judge Jeffrey Deller
Judith Greenstone Miller

Our Keynote Speaker:
Dr. Michael Roizen

Our Speakers:
What Should a Bankruptcy Professional Do To Win a Beauty Contest and Become the 'American Idol'?
Honorable Nancy V. Alquist (moderator)
I. William Cohen
Scott L. Hazan

Emerging Issues Regarding Creditors' Committee Appointment and Composition, Information Management and Claims/Equity Trading
Honorable Mary Grace Diehl (moderator)
Sandra E. Maerson
Mary Jo Heston

Negotiating the Ethical Minefield of Creditors' Committee Representation -- Luring, Landing and Keeping the 'Big Fish'
Honorable Elizabeth I. Perris (moderator)
Susan M. Freeman
Richard M. Meth
Judith Greenstone Miller

 

Our Sponsors   


Our Breakfast Sponsor

The Garden City Group, Inc. (GCG) is one of the leading Chapter Administration firms in the country. GCG provides top quality, responsive, professional service at every stage of the engagement - from pre-filling through distribution. GCG’s Business Reorganization Division is technology driven by a multi-disciplinary team comprised of experts from IT, management and law. The professionals on their team include attorneys who have served as practitioner, client, and creditor in Chapter 7 and 11 cases, as well as a former bankruptcy court deputy clerk. Their seasoned team has over 200 years of collective bankruptcy experience. As a bankruptcy administrator, GCG works closely with their clients every step of the way as a reorganization plan is developed for the client’s emergence from Chapter 11.

Silver Level Sponsors

Becker & Poliakoff, PA
3111 Stirling Road PO Box 9057
Fort Lauderdale, FL 33310-9057
Phone: 954-985-4135
Fax: 954-985-4176
www.becker-poliakoff.com

 

Education Program
Patron Sponsors

Bass & Associates, PC
3936 E FT Lowell Ste 200
Tucson, AZ 85712 USA
Phone: 520-577-1544
Fax: 520-577-1546
www.bass-associates.com

Borges & Associates, LLC
575 Underhill Boulevard Suite 110
Syosset, NY 11791 USA
Phone: 516-677-8200
Fax: 516-677-0806

Law Office of Deborah K. Ebner
11 East Adams Street Suite 800
Chicago, IL 60603 USA
Phone: 312-922-3838
Fax: 312-922-8722
www.deborahebnerlaw.com

Jaffe, Raitt, Heuer & Weiss
27777 Franklin Road Suite 2500
Southfield, MI 48034-8214 USA
Phone: 248-351-3000
Fax: 248-351-3082
www.jaffelaw.com

Pelino & Lentz, PC
One Liberty Place 1650 Market Street,
32nd Floor
Philadelphia, PA 19103-7393 USA
Phone: 215-665-1540
Fax: 215-665-1536

Plotkin, Rapoport & Nahmias
16633 Ventura Boulevard Suite 800
Encino, CA 91436-1836 USA
Phone: 818-906-1600
Fax: 818-907-9261
www.prnlaw.com