Cooper to Speak At Fellows Lunch On October 18
Make sure to join us at the Fellows lunch on October 18, where the featured speaker will be Steve Cooper,
who has led many of the largest corporate assignments during his 30-plus years in the restructuring
arena [Enron, Federated, Krispy Kreme and, currently, Lyondell and MGM]. We hope to draw audience
participation so that you will have an opportunity to ask Steve any burning questions you may have. If
you have not registered yet, you can do so by clicking on this link or through the College website at www.amercolbankruptcy.org.
Dave Heiman Paul Singer
Prof. Kennedy To Receive College Memorial Tribute
As you know, Professor Kennedy, one of the academic giants of our profession, passed away last year.
Tribute will be paid to Prof. Kennedy at the Fellows Lunch on October 18 by Jerry Smith. Please join us
to honor this great academician and to hear about Jerry’s experiences with Prof. Kennedy.
New Bankruptcy Policy Committee Formed
As reported in the last issue of College Columns, a new Bankruptcy Policy Committee has been formed,
and we have been asked to co-chair the new committee. The objective of the Committee is to assure
that the College will be involved in the important areas in which the bankruptcy laws can and should be
improved. The Committee’s mission will be to identify the important issues, to assemble the resources
necessary to complete analytical work, and to coordinate with other bankruptcy organizations (e.g.,
National Bankruptcy Conference, ABI and Business Bankruptcy Committee of the ABA) to encourage
change where appropriate. Lest there be any concern, we will not be engaged in any lobbying efforts. We
will keep you apprised of our activities.
Patrons and Sponsors
By now, you should have received an email requesting your firm’s support in our annual Patrons and
Sponsors program. Resources raised through this program have been the main reason we have been
able to significantly expand our pro bono, educational and other programs over the past several years.
The timing of your commitment is also important since we now are beginning our budgeting process for
2010. If you have not yet responded, simply send your commitment to Shari at firstname.lastname@example.org. We
greatly appreciate your support.
College Again Sponsors International Bankruptcy Course
Based on the positive feedback we have received and the willingness of a strong faculty, led by Prof.
David Epstein, to return for another year, the College has agreed to again sponsor the International Bankruptcy
Course, with live lecture sessions at Columbia, and video links to classrooms at eight prestigious
law schools around the country. The course will begin in January. Kudos to Ralph Mabey for his initiative
in organizing the course, the faculty, the law schools and the technical support required.
We continue to see increased activity in Circuit get-togethers and regional educational sessions. On
November 16, 2009, the Sixth Circuit will host a program at Cleveland State University, where an educational
program on auto bankruptcies will be offered to students, lawyers and Fellows. On January 22,
2010, the Third Circuit has scheduled an educational program in Philadelphia with a blue ribbon panel on
recent developments in the law emerging from the Chrysler and General Motors Cases. Other Circuits
are formulating plans for programs in 2010, details will be sent out as they become available.
Circuit/Regional Meetings for Your Calendars
In the Sixth Circuit on November 13 to 15 in Cincinnati, a combination of substance and social activities
is planned for Fellows.
The First Circuit will hold a dinner/weekend function on January 7, 2010
The Ninth Circuit will hold an Annual Meeting in January 2010.
The Seventh and Eleventh Circuits have agreed to do a joint social/educational program in Miami
Beach in February 2010.
The Eighth Circuit held an event on September 25-26 for a social, business and education weekend
Judge Nancy Dreher
Circuit Review and Best Practices Reports
The outstanding work of the Best Practices Committee is now published by LexisNexis in desk book form
under the title “2008 Circuit Review and Best Practices Reports.” The publication contains an indispensable
(and periodically updated) Circuit-by-Circuit review of published court decisions in more than 45
substantive bankruptcy areas. It also includes the following Reports: Best Practices Report—Selling
Assets Outside a Chapter 11 Plan under Section 363, prepared by Marcia L. Gold stein.
Best Practices Report—Reporting of Financial Information by Public Companies
During a Chapter 11 Case, prepared by Thom as Moers Mayer (chair),
Stephen H. Case, Evan D. Flaschen, David S. Kurtz, Richard B. Levin, and Lynn M.
LoPucki and is new to the 2008 edition. Best Practices Report—Debtor Employee Retention and Incentive Compensation
Programs in Light of the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 prepared by the Executive Compensation Committee.
Best Federal Income Tax Practices in Corporate Reorganizations was prepared
by Carl M. Jenks.
The publication may be purchased by College members at a very significant discount by calling
1-800-223-1940. For more information, please click here.
Foundation End of Year Donations
As you begin your year end tax planning, we hope you will consider making a tax deductible contribution
to the American College of Bankruptcy Foundation which supports various charitable initiatives of the
College, including, but not limited to, the Pro Bono Committee, the National Bankruptcy Archives and an
Educational Project for High School Students in the Boston Area.
Pro Bono Activities
The Pro Bono Committee has been doing an incredible job reviewing and supporting worthwhile projects
around the country. Below are some excerpts from Thank You letters that the Committee has received
Iowa Legal Aid
February 26, 2009: US Bankruptcy Judge Paul J. Kilburg: “On behalf of the Bankruptcy Court for Northern
Iowa, I would like to thank you for the grant to Iowa Legal Aid, which in conjunction with the Iowa Law
School, is [helping] pro bono debtors. The funds were put to good use for the purchase of software to
help prepare Chapter 7 petitions.”
From Peter R. Moyers, Staff Attorney: “ The Project so far has been a terrific success. At our training
sessions for the law students, three experienced practitioners gave presentations on the nuts and bolts
of individual consumer debtor bankruptcy cases. Indeed, [College] Fellows Eric Lam and Dan Childers
were great presenters and have made significant contributions to the success of this project.”
AIDS Resource Center of Wisconsin
From Doug Nelson, President and CEO: “. . . Thank. . . . the American College of Bankruptcy and the
American College of Bankruptcy Foundation for the generous pledge of $1,914 to assist our bankruptcy
program with a purchase of a computer for our Legal Director as well as staff training on bankruptcy law
and bankruptcy guide books. . . . Thanks so much. Your support is so helpful in these tough times.”
The Tides Center, San Francisco, California
From William McGrane, Board Member: “Thanks so much. This $10K will be a tremendous help, not just
because of the money (which comes at a good time), but also by showing that [the College], with all its
well-deserved prestige, is taking a leadership role in supporting this project.”
From Hon. Arthur Federman, U.S. Bankruptcy Court, St. Louis, MO
This morning we held a training program for attorneys interested in participating in our new pro bono program
for adversary proceedings. We had 56 registrants who seemed quite enthused about the program.
Many of them were litigators in other fields who look forward to the opportunity to actually get into court
and try cases. My thanks to the Foundation, and to John Cruciani for taking the lead in putting our new