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Midwest Regional Bankruptcy Seminar

Faculty Biographies

Thursday, August 9, 2007

8:30 a.m. - 9:30 a.m. Case Law Update


Richard B. Levin
Cravath Swine & Moore LLP

Richard Levin is a partner in the Cravath, Swaine & Moore LLP Restructuring and Insolvency Department.  Rich's practice focuses on corporate restructuring, insolvency and bankruptcy issues.  He represents financially troubled corporate debtors, acquirers of troubled companies and special creditors in both out-of-court workouts and Chapter 11 reorganizations.  Rich has significant experience guiding debtor and non-debtor clients through insolvency restructuring or reorganization, structuring and negotiating complex deals involving insolvent companies and, where necessary, directing litigation in support of the negotiations.

Rich, who served as counsel to a subcommittee of the House Judiciary Committee from 1975 to 1978, was one of the principal authors of the Bankruptcy Code and the Bankruptcy Reform Act of 1978.  He serves as Vice Chair of the National Bankruptcy Conference.  He is also a member of the Board of Trustees and a Fellow of the American College of Bankruptcy and a member of the faculty of the Federal Judicial Center.
Rich received an S.B. from the Massachusetts Institute of Technology in 1972, and a J.D. from Yale Law School in 1975, where he was an Editor of the Yale Law Journal.

 

9:30 a.m. - 10:30 a.m. Whither Interest Rates: An Economic Viewpoint


David E. Altig
Vice President and Associate Director of Research

Federal Reserve Bank of Cleveland
David Altig is vice president and associate director of research in the Research Department of the Federal Reserve Bank of Cleveland. His published research focuses on monetary and fiscal policy issues, and he has also served as editor for several conference volumes on a wide range of macroeconomic and monetary-economic topics.

Before joining the Bank in 1991, Dr. Altig was a faculty member in the Department of Business Economics and Public Policy at Indiana University. He is currently an adjunct professor of economics in the Graduate School of Business at the University of Chicago. He has also lectured at Brown University, Case Western Reserve University, Cleveland State University, Duke University, John Carroll University, Kent State University, The University of Iowa, and in the Chinese Executive MBA program sponsored by the University of Minnesota and Lignan College of Sun Yat-Sen University.

Dr. Altig graduated from The University of Iowa with a bachelor’s degree in business administration. He earned his master’s and doctoral degrees in economics from Brown University.


11:00 a.m. - 12:30 p.m. Breakout Sessions
Breakout I: Chapters 7 & 13 – Means Testing Development and Practice


Robert Albert Goering
Goering & Goering LLC
Education:  Chase College of Law, Highland Heights, KY, Degree: J.D.-May 1986;
Denison University, Granville, OH, Degree: B.A.-May 1982-Cum Laude

Work Experience: Hamilton County Treasurer-February 1991-Present (Elected in 1992, 1996, 2000, and 2004);  Partner, Goering and Goering Law Offices-1986-Present

Bar Admissions: Admitted to practice law in Ohio-November 12, 1986; Admitted to practice law in District of Columbia; U.S. Supreme Court; U.S. District Court, Southern District of Ohio; U.S. District Court, Eastern District of Kentucky, Phi Beta Kappa.

Current Honors and Activities: Cincinnati Bar Association-Member and Service on various committees and subcommittees-1986- Present; Volunteer Lawyers for the Poor-Member-1989-present; Hamilton County Budget Commission-President-1992-present; Hamilton County Board of Revisions-President-1992-present; Hamilton County Investment Advisory Committee-President-1991-present; Interaction & Legislative Committee-1998-present; Cincinnati Squash Racquets Association-Treasurer-2000-present; Dan Beard Council-Boy Scouts of America-Board Member-2002-present; Finance Committee member-2002-present; Investment Committee member-2002-present; Treasurer and Executive Committee-2006-present; Childrens Hospital Medical Center-Citizen Member-Trustee; Knox Presbyterian Church-Deacon and Past Member of Finance Committee.


Maryanne B. Wilsbacher
Assistant United States Trustee

MaryAnne Wilsbacher is the Assistant United States Trustee for the U.S. Department of Justice, Office of the U. S. Trustee, in Columbus, Ohio. She received her Juris Doctor, magna cum laude, from the University of Toledo College of Law and her Bachelor of Science, cum laude, from West Virginia University. Prior to joining the Columbus office in July of 2003, MaryAnne worked for the U. S. Trustee’s Office in Los Angeles, California for 10 years.  Prior to that time, MaryAnne clerked for the Honorable James L. Ryan, U.S. Court of Appeals for the Sixth Circuit, and practiced as an associate with the firm of Honigman Miller Schwartz & Cohn in its Los Angeles and Detroit offices in the bankruptcy and environmental law departments, respectively.

At the U.S. Trustee’s Office, MaryAnne supervises the monitoring of all bankruptcy cases filed in the Southern District of Ohio (Eastern and Western Divisions), including prosecuting cases filed in bad faith and/or in abuse of the bankruptcy system. She also makes criminal referrals to the U.S. Attorney’s office and assists them in prosecutions, and cooperates with other law enforcement agencies to address abuses within the system.

She has been an instructor at the United States Trustee's National Bankruptcy Training Institute and continuing legal education programs. She has also lectured on various bankruptcy and criminal issues for the American Bar Association, American Bankruptcy Law Forum, Columbus Bar Association, Dayton Bar Association, Credit Education Coalition, Financial Lawyer’s Conference, and the Midwest Regional Bankruptcy Seminar.


Breakout II: Chapter 11 – Post BAPCPA Hot Topics


Honorable C. Ray Mullins
United States Bankruptcy Court, Northern District of Georgia

The Honorable C. Ray Mullins is a United States Bankruptcy Court Judge for the Northern District of Georgia, Atlanta Division.  He was appointed by the Eleventh Circuit Court of Appeals on February 29, 2000.  A native of Steubenville, Ohio, Judge Mullins obtained his B.S. (Business Administration 1974) and M.B.A. (1977) from Bowling Green State University.  

Judge Mullins served as an instructor in the Management Department of Bowling Green’s School of Business Administration from 1977-82.  While teaching, he began law school in 1979, and in 1982 graduated magna cum laude from the University of Toledo, College of Law, where he was a member of the Law Review and the Order of the Coif.  In 1982, Judge Mullins joined the Toledo, Ohio firm of Cooper, Straub, Walinski & Cramer.  His practice focused primarily on civil litigation.  From 1984-86, Judge Mullins also taught trial practice as an adjunct professor of law at the University of Toledo College of Law.  In 1987, Judge Mullins joined Kilpatrick & Cody (now Kilpatrick Stockton LLP) in Atlanta and became a partner in 1993.  He practiced in the firm’s Financial Restructuring Group, specializing in Chapter 11 bankruptcy matters.  From 1995 to 2000, he also served as a member of the Trustee Panel for the Northern District of Georgia. 

Judge Mullins is a Fellow in the American College of Bankruptcy, as well as a member of the American Bankruptcy Institute, the Commercial Law League of America, and the Association of Insolvency & Restructuring Advisors.  Judge Mullins is a frequent speaker at various professional conferences, seminars and workshops.


Judy A. O’Neill
Partner, Foley & Larner, LLP

Judy A. O’Neill is a partner with Foley and is vice chair and leader of strategic development of the firm’s national Business Reorganizations Practice.  She is experienced in bankruptcy, insolvency, reorganization, commercial transactions and corporate law and business transactions, concentrating on issues arising under the Bankruptcy Code. Her experience has spanned a variety of industries including the automotive, retail and healthcare industries. She has represented clients in all aspects of debt restructurings, counseling companies as to strategies to prevent court proceedings and representing troubled public and private companies in bankruptcy and in out-of-court proceedings.  Her cases include the representation of purchasers and sellers in acquisitions arising from receiverships and bankruptcy proceedings, and unsecured creditors committees, and secured lenders in bankruptcy and out of court restructurings.

Ms. O’Neill is a member of the Detroit Metropolitan Bar Association, the Michigan Bar Association, and the American Bar Association. She is a past regional membership director of the American Bankruptcy Institute and its Unsecured Trade Creditors Committee, advisory board member of the American Bankruptcy Institute Central States Conference, a past advisory committee member of the Eastern District of Michigan Bankruptcy Court, and a past Debtor/Creditor Committee chairperson of the Detroit Metropolitan Bar Association. She also is an American Board of Certification Bankruptcy and Creditor's Rights Certified Attorney.

Ms. O'Neill is a member of the American Board of Certification; was inducted into the American College of Bankruptcy Fellows in 2002; is a life member of the National Registry of Who's Who, 2001 edition; and has been listed in The Best Lawyers in America®, for more than the past decade. She is also listed in Who’s Who Legal USA: Insolvency & Restructuring 2006, and Who's Who in American Law, 2000 edition. She was selected by Crain's Detroit Business as one of the "100 Most Influential Women in Michigan," March 2002. She is included in the Guide to the World's Insolvency and Restructuring Lawyers, 2003 and 2006. Ms. O’Neill is also recognized in the list of 2006 "Super Lawyers" by Law & Politics Media, Inc. for her work in bankruptcy, creditor and debtor rights, and will appear in the Top 50 Female Michigan "Super Lawyers" list.

Publications include: Co-author, American Bankruptcy Institute's Creditors' Committee Manual And Co-author, "Franchisor Beware: Using the Bankruptcy Forum to Resolve Disputes with Franchisors," Michigan Business Law.

She is also a frequent speaker on the topics of bankruptcy and trial advocacy.  She received her law degree from University of Michigan Law School in 1980 with high honors, and her undergraduate degree from Michigan State University in 1976, magna cum laude.


I. William Cohen
Partner, Pepper Hamilton LLP

I. William Cohen is a partner in the Detroit office of Pepper Hamilton LLP and is the immediate past Chairman of the Firm’s national Corporate Restructuring and Bankruptcy Group.  Prior to joining the Firm, Bill was a senior partner and co-chairman of the Bankruptcy and Insolvency Department at Hertzberg, Jacob & Weingarten, P.C.  Bill previously served as a member of and as Vice Chair of Pepper Hamilton’s Executive Committee, the Firm’s management committee.

Concentrating his practice almost exclusively in the areas of bankruptcy and creditors’ rights, Bill has represented debtors, trustees, creditors’ committees, secured creditors, landlords and other constituencies in bankruptcy and state court proceedings, out-of-court workouts and common law compositions throughout the country.  He has appeared throughout the federal court system, including the United States Supreme Court in the case United States v Ron Pair Enterprises, Inc., 109 S.Ct. 1026 (1989).

Bill is a member of the Federal, American, Michigan and Detroit Bar Associations, the American Bankruptcy Institute and the Commercial Law League of America, where he served as chairman and executive council member of its Bankruptcy and Insolvency Section, and chairman of its Midwestern Regional Members Association.  He is also a Fellow of the American College of Bankruptcy, past Regent for the Sixth Judicial Circuit and currently serves as a Vice President of the College and as a Director on the Board of Directors of the College and a Director on the Board and Secretary of the American College of Bankruptcy Foundation.

A writer and frequent lecturer, Bill co-authored the chapter on “Creditors’ Committees” for a multi-volume treatise on bankruptcy reorganizations published by LRP Publications entitled Chapter 11 Theory and Practice: A Guide to Reorganization.  He has written and lectured extensively for the Practicing Law Institute, the Commercial Law League of America, the National Conference of Bankruptcy Judges, the Great Lakes Institute, the State Bar of Michigan, the Michigan Institute for Continuing Legal Education, and the Midwest Regional Bankruptcy Conference, among other legal and professional organizations.  Bill was an adjunct professor of law at the University of Detroit-Mercy Law School, and a board member and vice-chairman of the University of Detroit-Mercy Financial Transaction Institute.

Bill graduated from the University of Michigan, receiving both his B.A. and his LL.B.  He has been listed in Naifeh and Smith, The Best Lawyers in America, in every edition since its inception.


Richard B. Levin
Cravath Swaine & Moore LLP

See above


1:30 p.m. - 3:00 p.m. Breakout Sessions
Breakout I: Chapters 7 & 13 – 707(b) Issues, Audits and Trustee Issues


George Leicht, Esq.


Paul H. Spaeth
Paul H. Spaeth Co. LPA

Paul H. Spaeth is a solo practitioner with an office in Dayton, Ohio, practicing primarily in the areas of creditors’ rights and bankruptcy, representing both debtors and creditors under Chapters 7, 11 and 13. Mr. Spaeth has been a Chapter 7 panel trustee in Dayton since 1997.

He began practicing bankruptcy law as a staff attorney for the Office of the United States Trustee in 1988 before going into private practice in Dayton in 1990.

Mr. Spaeth has served as Chairman of the Debtor/Creditor/Bankruptcy Committee of the Dayton Bar Association and has written several articles and lectured at seminars on bankruptcy and creditors’ rights topics. He received his Bachelor of Arts degree from Miami University and his Juris Doctor degree from The Ohio State University College of Law.

Mr. Spaeth is a member of the National Association of Bankruptcy Trustees, the Ohio State Bar Association Bankruptcy Subcommittee, the Commercial Law League of America, the American Bankruptcy Institute, the American Bankruptcy Law Forum, the American Bar Association and the Dayton Bar Association.


Neal J. Weill
Assistant United States Trustee

Neal J. Weill is the Assistant United States Trustee for the Office of the United States Trustee for the Southern District of Ohio at Cincinnati where he has served since 1988.  He graduated from the University of Cincinnati College of Law where he was a member of the Moot Court Board and was awarded the Order of the Barrister.  Before coming to the Office of the United States Trustee in 1988, Mr. Weill was engaged in the general practice of law representing debtors and creditors in all bankruptcy chapters.  He briefly served as a panel trustee in Cincinnati in 1988.  Mr. Weill is a former member of the Board of Trustees of the Cincinnati Bar Association, former chair of the Cincinnati Bar Association Bankruptcy Committee and former member of the Council of Delegates of the Ohio State Bar Association and presently serves on the Local Bankruptcy Rules Committee for the Southern District of Ohio.  He is a frequent speaker on various bankruptcy topics at local and regional seminars.


Breakout II: Chapter 11 – Pre-Chapter 11 Restructuring Issues


Paul S. Aronzon
Executive Vice President
Imperial Capital LLC
Head of Restructuring Advisory Group

Paul Aronzon is the Executive Vice President, Managing Director and Co-Manager of Corporate Finance Group at Imperial Capital. He is primarily focused on the restructuring and recapitalization activities of the firm. Prior to joining Imperial Capital, Mr. Aronzon was the co-chair of the Financial Restructuring Group at Milbank, Tweed, Hadley & McCloy LLP. He has represented domestic and international debtors, financial institutions, lender syndicates, public debt, committees of creditors and shareholders, and troubled companies and their assets.

He has represented clients in some of the largest restructurings and corporate reorganizations in recent years, including: Nellson Nutraceautical, Inc, Werner Holding Co, EaglePicher Holdings Inc.; Trump Casino Holdings, LLC; Pacific Gas & Electric Company; Southern California Edison; Northwest Airlines; Delta Airlines; McLeod USA Inc.; U.S. Airways Group Inc.; Fleming Companies, Inc.; AMERCO (U-Haul International Inc.); Brown Jordan International, Inc.; Protection ONE; United Artist Theatre Circuit; Edwards Theatres Circuit; Regal Cinemas Inc.; MGM; and Nextel International.

Mr. Aronzon received his B.A. from California State University Northridge and his J.D. from Southwestern University.


Stuart B. Gleichenhaus
Senior Managing Director
FTI Palladium Partners

Stuart Gleichenhaus is senior managing director in the FTI Corporate Finance interim management practice, FTI Palladium Partners, in Dallas. Mr. Gleichenhaus’s experience includes serving as the chief restructuring officer and interim chairman, president and CEO of EaglePicher Incorporated, a diversified, privately held advanced technologies company and manufacturer of auto parts, where he successfully guided the $650 million revenue company to a consensual plan of reorganization within 10 months of filing Chapter 11. Prior to this he was a managing director of restructuring advisory services at Ernst & Young Corporate Finance LLC in Dallas, where he participated in the restructuring of 20 companies including the two largest bankruptcies in history—Enron and Worldcom. He also served as leader of Ernst & Young’s oil and gas industry transaction advisory services practice.

In the 1990’s Mr. Gleichenhaus led the investment banking efforts of Banc of America Securities in Texas and also served as chief operating officer for Banc of America Securities’ media & telecom group in New York. Throughout his 25-year finance career, he has been involved in structuring or restructuring numerous complex leveraged transactions while also holding senior positions with GE Capital, Trammell Crow, Salomon Brothers and Merrill Lynch. He holds an M.B.A. degree from Harvard Business School and a B.S.E. degree with honors in civil engineering from Princeton University.


Judy A. O’Neill
Partner, Foley & Lardner

See above


I. William Cohen
Pepper Hamilton LLP

See above


3:30 p.m. - 5:00 p.m. Ethics: Avoid Professional Liability


Honorable Basil H. Lorch, III
Chief Bankruptcy Judge, Southern District of Indiana

The Honorable Basil H. Lorch, III, is the Chief Judge of the U.S. Bankruptcy Court for the Southern District of Indiana.  Prior to his appointment to the bench in April 1992, Judge Lorch was the managing partner of the New Albany law firm of Lorch & Naville.  Judge Lorch is a frequent speaker at continuing legal education seminars and has taught advanced bankruptcy courses at the Indiana School of Law - Bloomington.  A 1974 graduate of the Indiana University School of Law, he is a member of the Floyd County Bar Association and a Fellow of the American College of Bankruptcy.


Honorable David T. Stosberg
United States Bankruptcy Court, Western District of Kentucky

United States Bankruptcy Judge, Western District of Kentucky -  June 30, 1989 to Present; Wyatt, Tarrant & Combs-1985 to 1989; Morgan & Pottinger-1974 to 1985

Served as Visiting Judge for: Southern and Middle Districts of Florida; Middle District of Tennessee; Southern District of Indiana; Northern District of New York; and Eastern District of Michigan.

Faculty Member at numerous Bankruptcy Seminars including: University of Kentucky, University of Louisville, Louisville Bar Association, Federal Bar Association for the Western District of Michigan, Mid-South Commercial Law Institute, and American Bankruptcy Institute.

Other: Adjunct Faculty Member in 1991 (University of Louisville); National Conference of Bankruptcy Judges - 2003 to 2006 (Treasurer); Bankruptcy Appellate Panel Judge  - 1997 to 2000; National Conference of Bankruptcy Judges - 1996 to 1999 (Board of Governors); Sixth Circuit Judicial Council -1993 to 2005


Jeffrey A. Hokanson
Hostetler & Kowalik PC

Jeffrey A. Hokanson recently joined Hostetler & Kowalik, PC, a bankruptcy and litigation boutique law firm in Indianapolis, Indiana.  Before joining Hostetler & Kowalik, he was a partner at Ice Miller LLP, practicing in its bankruptcy and commercial law and private equity/venture services groups.  He concentrates his practice on matters of commercial and insolvency law, bankruptcy and related commercial litigation, and private equity transactions.

He graduated from the Kelley School of Business at Indiana University and the Indiana University School of Law at Indianapolis.  He is admitted to practice before the state and federal courts of Indiana.  He has spoken to various professional groups and written articles on his areas of practice and belongs to a number of professional organizations related to the practice of insolvency law.


Daniel A. DeMarco
Hahn Loeser & Parks

Daniel A. DeMarco is a partner in Hahn Loeser & Parks LLP, and Co-Chair of the Firm’s Creditors’ Rights, Reorganization and Bankruptcy Area.  He has extensive experience representing secured lenders, mortgagees, equipment lessors, purchasers of assets, landlords, vendors, licensors and licensees, official committees of unsecured creditors, Chapter 11 trustees, corporate debtors, parties in preference and fraudulent transfer litigation, and other parties in interest in reorganization proceedings.  He also frequently represents such parties in out-of-court workouts and restructurings. 

Mr. DeMarco joined Hahn Loeser + Parks LLP in 1987 and became a partner in 1992.  Prior to joining Hahn Loeser, he was an associate with Sheinfeld, Maley & Kay in Houston, Texas.

He is listed in “Best Lawyers in America” for Bankruptcy and Creditor-Debtor Rights Law and by Chambers USA as a “Leader in the Field” among Bankruptcy lawyers.  He also has been named an “Ohio Super Lawyer” by Law & Politics magazine.  Mr. DeMarco is a member of the American Bar Association (Litigation Section) and the Cleveland Bar Association (Bankruptcy and Commercial Law Section).  He also is a member of the American Bankruptcy Institute and a Member of the Board of the Ohio Chapter of the Turnaround Management Association.  He holds a Certification in Business Bankruptcy from the American Board of Certification.

He has written and lectured on numerous bankruptcy-related topics for a variety of organizations, including the Cleveland Bar Association, the Ohio Bar Association, the American Bar Association, and the National Business Institute (for which he also serves as a member of the NBI Advisory Council) and the American Bankruptcy Institute.

Mr. DeMarco holds a B.A. in Economics from the University of Chicago (Phi Beta Kappa) and a J.D. from the University of Michigan Law School.


Robert Alfred Goering
Goering & Goering LLC

Robert Goering graduated Yale University 1957, Chase Law School, 1962.  He is certified by the American Board of Certification in Consumer & Business Bankruptcy.  He is an Adjunct Professor of Law, Chase Law School, 1976 to present (teaching Bankruptcy) and has served as past Chairman, Cincinnati Bar Bankruptcy Committee and past Executive Committee Member, Midwest Regional Bankruptcy Seminar.  Participation in civic organizations include past President & Chairman of the Board, United Cerebral Palsy, Inc.; Living Arrangements for the Developmentally Disabled, Inc.; Findaway, Inc.; Elder Covenant First Presbyterian Church; Board member, Cincinnati Chapter Freedoms Foundation; Commissioner, Hamilton County Park District.

Friday, August 10, 2007

8:30 a.m. - 9:30 a.m. Bankruptcy Rules Update


Richard B. Levin
Cravath Swaine & Moore LLP

See above


9:30 a.m. - 10:30 a.m. Judges Roundtable Discussion on Professionalism


Honorable Jeffery P. Hopkins
U.S. Bankruptcy Court, Southern District of Ohio, Western Division

Educational Data: Bowdoin College, Brunswick, ME - A.B. 1982;  Michael E. Moritz College of Law, The Ohio State University, Columbus, OH - J.D. 1985
Professional Background: Appointed U.S. Bankruptcy Judge, S.D. Ohio - April, 1996; Law Clerk - the Honorable Alan E. Norris, Ohio Court of Appeals – 1985; Continued upon Judge Norris' appointment to the U.S. Court of Appeals for the Sixth Circuit - 1986-1987; Private Practice - Squire, Sanders & Dempsey, Columbus, OH - 1987-1990; Appointed Assistant U.S. Attorney, U.S. Attorney's Office, S.D. Ohio - 1990-1993; Appointed Chief, Civil Division, U.S. Attorney's Office, S.D. Ohio - 1993-1996; Appointed to serve as a member of the Civil Justice Reform Advisory Group, S.D. Ohio; Appointed as a delegate to the Sixth Circuit Judicial Conference – 1995; Appointed Adjunct Professor, U.C. College of Law – 1998; Appointed Board of Trustees, College of Mount St. Joseph – 1999; Appointed as faculty for American Law Institute-American Bar Association (ALI-ABA) – 2001; Appointed by Chief Justice William Rehnquist to the Federal Judicial Center's Advisory; Committee on Bankruptcy Judge Education - 2003; Reappointed by Chief Justice John G. Roberts, Jr. - 2005

Professional Memberships: National Conference of Bankruptcy Judges (President); American Law Institute-American Bar Association (ALI-ABA); Black Lawyers Association of Cincinnati; Cincinnati Bar Association; Federal Bar Association; Just the Beginning Foundation;
The OSU Moritz College of Law National Council

Personal Data: Born in Camilla, Georgia - January 31, 1960. Judge Hopkins is married to Michelle Hopkins and has two children.


Honorable J. Vincent Aug, Jr.
Chief Bankruptcy Judge, Southern District of Ohio

The Honorable J. Vincent Aug, Jr., was appointed U.S. Bankruptcy Judge in 1988 and reappointed in 2002.  He is now Chief Judge of the Southern District of Ohio Bankruptcy Court.  Earlier he served as a U.S. Magistrate for 12 years.  He was in private practice, staff attorney for the Judicial Panel in Multidistrict Litigation and a reporter for the Cincinnati Post.  He received his B.A. from Georgetown University in 1968 and his J.D. from the University of Cincinnati College of Law in 1973.  In recent years he visited Eastern Europe, Asia and Arabia on missions involving international insolvency issues for the State Department and development agencies.  He was appointed to serve on the Bankruptcy Appellate Panel of the Sixth Circuit in November 1999 and is now Chief Judge of that Court.  Judge Aug served on the Board of Governors of the National Conference of Bankruptcy Judges from 2000 to 2003.


Honorable Robert E. Gerber
United States Bankruptcy Court, Southern District of New York

The Honorable Robert E. Gerber is a United States Bankruptcy Judge for the Southern District of New York. At the time of his appointment in 2000, he was a partner in the New York City law firm of Fried, Frank, Harris, Shriver & Jacobson, where he specialized in securities and commercial litigation and, thereafter, bankruptcy litigation and counseling.

Judge Gerber earned a B.S. degree from Rutgers University, from which he graduated, with high honors, in 1967, and a J.D. degree from Columbia University, from which he graduated, magna cum laude, in 1970, and where he was a Harlan Fiske Stone and James Kent Scholar.

Upon graduation from law school, Judge Gerber joined the Fried Frank firm, and with a brief interruption in 1971 and 1972, during which he served in the United States Air Force, Judge Gerber was with Fried Frank for 30 years, 22 of them as a partner. From 1970 to 1989, he litigated securities and commercial cases, along with bankruptcy matters, and also kept up a meaningful pro bono caseload -- including the ultimately successful representation, over 10 years in post-conviction proceedings, of a Florida inmate who had been sentenced to death. He practiced very nearly entirely in the bankruptcy area over his last 11 years of private practice, representing debtors and creditors in about equal numbers, principally in large chapter 11 cases.

He is a native of Cherry Hill, New Jersey.


Honorable John E. Hoffman, Jr.
United States Bankruptcy Court, Southern District of Ohio

The Honorable John E. Hoffman, Jr. was appointed as United States Bankruptcy Judge for the Southern District of Ohio in 2000.  Prior to his appointment, Judge Hoffman was a partner in the Columbus office of Arter & Hadden LLP, where he practiced primarily in the areas of bankruptcy and commercial litigation.  His practice focused on the representation of Chapter 11 debtors and creditors’ committees.  Judge Hoffman formerly served as Chairman of the Columbus Bar Association Bankruptcy Committee.  He served on the Board of Trustees for The Legal Aid Society of Columbus from 1995–2000.  Judge Hoffman currently serves as Chair of The National Conference of Bankruptcy Judges Endowment for Education.  He received his B.A. summa cum laude from Wheeling Jesuit University in 1980, and his J.D. from The Ohio State University College of Law with honors in 1983.  Judge Hoffman is a frequent lecturer and panel participant at bankruptcy seminars.


Honorable Basil H. Lorch, III
See above


Honorable C. Ray Mullins
See above


Honorable Burton Perlman
U.S. Bankruptcy Court, Southern District of Ohio (at Cincinnati)

The Honorable Burton Perlman is a U.S. Bankruptcy Judge for the Southern District of Ohio.  He has been on the bankruptcy bench since 1976.  He served as Chief Bankruptcy Judge for the Southern District of Ohio from 1986-1993.  He now serves as a recall judge on that bench.  His undergraduate education was at Yale University and he attended the University of Michigan Law School. He served in the U.S. Army during World War II from 1944-1946.

Prior to appointment as a Bankruptcy Judge, he served as a U.S. Magistrate for the Southern District of Ohio from 1971-1976.

He is a member of the American Bar Association, Cincinnati Bar Association, Federal Bar Association, and National Conference of Bankruptcy Judges.

He is an Adjunct Professor at the University of Cincinnati Law School.


Honorable David T. Stosberg
See above


11:00 a.m. - 12:30 p.m. Breakout Sessions
Breakout Session I: Chapters 7 & 13 – Property of the Estate and Debtor’s Duties


Tracey N. Wise
Wise DelCotto PLLC

Tracey N. Wise obtained her B.A. from Indiana University in 1980 (Phi Beta Kappa). She obtained her J.D. from the Indiana University School of Law in 1983 (Magna Cum Laude, Order of the Coif). Tracey served as a Note Editor for the Indiana Law Journal (1982-1983). In September 2003 Tracey and Laura Day DelCotto combined their 30+ years of experience in commercial bankruptcy to form the firm of Wise DelCotto PLLC.

Tracey is a Fellow in the American College of Bankruptcy (12th Class -- 2001) and is a frequent speaker on bankruptcy topics. She has served as the Chairperson of the Fayette County and Kentucky Bar Association Bankruptcy Sections. She is a former member of the Court Liaison and the CMECF Attorney Coordination Committees for the United States Bankruptcy Court for the Eastern District of Kentucky and has served on the court-appointed Joint Local Bankruptcy Rules Committee for the Eastern and Western Districts of Kentucky. She presently serves on the Local Rules Committee for the Eastern District of Kentucky.

Since 1983, Tracey has represented all constituencies in the context of bankruptcy and/or
workout and other debt restructure proceedings, including individual and business debtors, debtors-in-possession, creditors’ committees, equity committees, trustees, and creditors. Tracey is admitted to practice in the Commonwealth of Kentucky (1983), the United States District Courts for the Eastern and Western Districts of Kentucky, and the United States Court of Appeals for the Sixth Circuit.

Tracey has been active in many community activities and currently serves as the Vice President of the Lexington Affiliate of the Susan J. Komen Breast Cancer Foundation where she is also a member of the Board of Directors and Chair of the Board Development Committee. Tracey is an avid bridge player and enjoys jogging with her running group on a regular basis.


Richard D. Nelson
Cohen Todd Kite & Stanford LLC

Mr. Nelson's practice is concentrated in the areas of business reorganization, financial workouts, bankruptcy, and general business and corporate matters. He has been involved in a broad spectrum of financial and bankruptcy related cases and litigation matters, and has appeared in numerous federal and state courts.  He also represents a number of businesses and banks on general corporate matters.  Mr. Nelson has been a Chapter 7 Panel Trustee in the Southern District of Ohio since 1990 and has extensive experience in representation of debtors, creditors, and creditors' committees in Chapter 11 cases and in out-of-court workouts. In addition to his services as a Chapter 7 Trustee, he has served as a Chapter 11 Trustee and is a receiver in state court and district court proceedings.  He is currently a member of the Local Rules Committee for the United States Bankruptcy Court for the Southern District of Ohio and Co-Chairman of the Chapter 11 Sub-Committee. He is also a Chairman of the Ethics Committee of the National Association of Bankruptcy Trustees. Mr. Nelson is a frequent speaker at a number of seminars on bankruptcy and reorganization topics.


Practice Areas: Bankruptcy & Reorganization, Commercial Finance, Corporate & Business Law, and Litigation
Bar Admissions: State: Ohio; Federal: U.S. Court of Appeals, Sixth Circuit; U.S. District Court, Southern District of Ohio
Education: J.D., University of Cincinnati College of Law, 1974; B.A., Miami University, Oxford, Ohio, 1971. Professional Associations: Cincinnati Bar Association; Ohio State Bar Association; National Association of Bankruptcy Trustees; American Bankruptcy Law Forum (Member and Trustee). Honors and Awards:  Named one of the top 100 Ohio Super Lawyers 2007 in Ohio Super Lawyers Magazine; named one of the top 50 Ohio Super Lawyers 2007 in Cincinnati Magazine. 


John A. Schuh
Schuh & Goldberg LLP

John A. Schuh is AV rated by Martindale-Hubbell with a practice focus in Bankruptcy, Creditors Rights, Business Reorganizations and Work-Outs, Business Law, Real Estate Foreclosures. 

Education: B.B.A., Ohio University (1973); J.D. Salmon P. Chase College of Law, N.K.U. (1977)
Bar Admissions: Ohio (1977); Kentucky (1990); U.S. District Court, Southern District of Ohio (1978); U.S. District Court, Eastern District of Kentucky (1991); U.S. District Court, Western District of Kentucky (1993); U.S. District Court, Central District of Illinois (2004)
U.S. Court of Appeals, 6th Circuit (1994); United States Supreme Court (1989)
Professional Affiliations: Ohio State Bar Association; Kentucky Bar Association; Cincinnati Bar Association; American Bankruptcy Law Forum
Others: Full Committee Member of the Local Rules, Forms and Practices Committee of
the U.S. Bankruptcy Court, Southern District of Ohio; CM/ECF (Electronic Case Filing) Sub-Committee of the Local Rules, Forms and Practices Committee of the U.S. Bankruptcy Court, Southern District of Ohio.


Breakout II: Chapter 11 – Hedge Funds


Honorable Robert E. Gerber
United States Bankruptcy Court, Southern District of New York

See above


Paul S. Aronzon
Executive Vice President, Imperial Capital LLC

See above


Peter M. Gilhuly
Latham & Watkins LLP

Peter M. Gilhuly, Esq. is a partner at Latham & Watkins and a resident in its Los Angeles office who is active in all aspects of bankruptcy practice.  Mr. Gilhuly represents debtors, buyers, hedge funds, private equity funds, first and second lien holders, creditors’ committees and boards of directors.

From 2002-2006, Mr. Gilhuly served as the co-chair of the American Bankruptcy Institute’s (“ABI”) Bankruptcy Battleground West.  Mr. Gilhuly has also served on the Board of Governors of the Financial Lawyers Conference.  He is a frequent speaker for organizations such as the American Bankruptcy Institute, the Turnaround Management Association, the Association of Insolvency and Restructuring Advisors and at distressed debt conferences on such varied topics as hedge funds insolvency issues, second lien issues, fiduciary duty issues, bankruptcy M&A, true sale/nonconsolidation issues, assignments for the benefit of creditors, technology-related bankruptcy issues, ethics, and involuntary bankruptcies.   Mr. Gilhuly recently moderated a panel on the impact of hedge funds on the bankruptcy market which was rated the Best of the ABI’s Southwestern Bankruptcy Conference in Las Vegas.  In October 2007, Mr. Gilhuly will moderate a panel on hedge fund issues at the 2007 National Conference of Bankruptcy Judges.

From 2006-2007, Mr. Gilhuly was one of three partners on Latham & Watkins’ Marketing Advisory Committee.  From 1998 to 2002, he was the National Chair of Latham & Watkins' Pro Bono Committee.  From 2001-2004, he was also the Chairman of the Board of Directors of A Place Called Home (“APCH”), a charity based in South Central Los Angeles.  Mr. Gilhuly remains a member of APCH’s Executive Committee.  He was a Peace Corps volunteer in Nepal from 1983-1986 where he managed the construction of a primary school and taught English to primary school through masters level students.

Mr. Gilhuly has been named for multiple years: (i) by The Best Lawyers in America, The Best Lawyers: Bankruptcy and Creditor-Debtor Rights Law; (ii) byGlobal Counsel to the Restructuring and Insolvency Who’s Who (Highly Recommended); and (iii) as a Southern California Super Lawyer by the publishers of Los Angeles Magazine.  Mr. Gilhuly has been named as a Top Bankruptcy Lawyer by the Deal Magazine multiple times.

Education: J.D., Harvard University, 1990 cum laude; B.A., Wesleyan University, 1983 with honors; with distinction


Stuart B. Gleichenhaus
Senior Managing Director, FTI Palladium Partners

See above


1:30 p.m. - 3:00 p.m. Breakout Sessions
Breakout I: Chapters 7 & 13 – CMI, DMI, I&J Issues, and General Chapter 13 Issues


Margaret A. Burks
Office of the Chapter 13 Trustee

Margaret A. Burks, Esq. was appointed as the Chapter 13 Trustee for the Southern District of Ohio at Cincinnati in July of 1992.  Ms. Burks received a Bachelor of Science and a Bachelor of Arts from the University of Cincinnati in 1977, magna cum laude. She is a member of Phi Beta Kappa.

She received her Juris Doctor from Salmon P. Chase, College of Law in 1985. While at Chase College of Law, Ms. Burks was a member of the Law Review. She was Law Clerk to Honorable J. Vincent Aug, Jr., U.S. Bankruptcy Judge from 1988 to 1991, and Counsel to PNC Bank in the areas of bankruptcy and commercial law.  Ms. Burks has served as Chairperson of the CBA Bankruptcy Committee, and is a frequent lecturer.


Edward J. Boll III
Lerner Sampson & Rothfuss LPA

Edward J. Boll III, Esq. is an associate with the law form of Lerner, Sampson & Rothfuss, LPA in Cincinnati, Ohio. Education: University of Cincinnati (B.A., cum laude 1997); University of Notre Dame School of Law (International & Comparative Business Law Study Abroad, London, England 1998); University of Dayton School of Law (J.D. 2000)(University of Dayton National Bankruptcy Moot Court Team). His bankruptcy law practice before all 18 active Ohio Bankruptcy Judges has included representation of secured and unsecured creditors in Chapter 7, 11, 12, and 13 cases. He is the former Chairman of the Cincinnati Bar Association’s Bankruptcy Committee. 


Jeffrey M. Kellner
Office of the Chapter 13 Trustee

Jeffrey M. Kellner is the Standing Chapter13 Trustee in Dayton, Ohio, since January 2001. For 12 years he was the Staff Attorney in the Office of the Chapter 13 Trustee in Worthington, Ohio. He graduated from Capital University Law School in 1985, and Ohio State University in 1975 with a B.A. in Natural Resources. Mr. Kellner is currently a member of the Dayton Bar Association, American Bankruptcy Law Forum and the National Association of Chapter Thirteen Trustees.


Breakout II: Special Litigation Issues in Chapter 11


Honorable John E. Hoffman, Jr.
United States Bankruptcy Court, Southern District of Ohio

See above


Peter M. Gilhuly
Latham & Watkins LLP

See above


Daniel A. DeMarco
Hahn Loeser & Parks

See above


3:30 p.m. - 4:30 p.m. BAPCPA and Statutory Interpretation


Honorable Thomas F. Waldron
United States Bankruptcy Court, Southern District of Ohio

The Honorable Thomas F. Waldron, a 1967 graduate of the University of Cincinnati Law School, was originally appointed on July 8, 1985 and has been reappointed as a United States Bankruptcy Judge for the Southern District of Ohio at Dayton.  He has served as Chief Judge of the Southern District of Ohio Bankruptcy Court and as Chief Judge of the Bankruptcy Appellate Panel of the Sixth Circuit. He is a Fellow of the American College of Bankruptcy, a member of the adjunct faculty at the University of Dayton Law School, a contributing editor to the Norton Bankruptcy Law Practice Treatise and one of the judicial co-chairs of the American Bankruptcy Institute’s Consumer committee. He is a frequent speaker at national, regional, and local bankruptcy education programs.


4:30 p.m. - 5:00 p.m. Substance Abuse Instruction


Patricia A. Baas
Patricia A. Baas is a solo practitioner and an adjunct professor in the Paralegal Program at the University of Cincinnati.  She received a BA with Honors in Political Science 1980 and a JD in 1983, both from the University of Cincinnati.

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