Professional Practice Areas

History of Rule Making: Restyling Project and How to be a Changemaker I think to flush this out, I need to speak with someone so explain the angle. The bankruptcy rules have just been restyled and the history and process are very interesting. Also it could be discussed how rulemaking works and how to submit your suggestions for rule changes and the time line etc. It could also be discussed what is currently in the pipeline and maybe even do some polling. I am currently on the Advisory Committee on Bankruptcy Rules and some interesting things are going on. The topic would be a good plenary session and apply to both consumer and business. While it does not fit a particular practice area, the conversation could directed to all practictioners. Other Suggested Speakers Nancy Whaley nwhaley@njwtrustee.com Nancy Whaley Chapter 12 and 13 Trustee

Valuable topics on meaningful themes for legal professionals that all enhance staff engagement, performance, and well-being as well as effective collaboration with the wide variety of stakeholders that legal professionals have to partner with- see below Mindfulness and stress-reduction
The power of positivity and mental fitness
Understanding, reducing, and managing bias
Effectively managing change and uncertainty
Keys to strengthen your emotional intelligence
Conflict management in the workplace and beyond
Performance management conversations and feedback
Facilitating meaningful conversations on sensitive topics
Understanding and strengthening strategic thinking skills
Appreciating differences – building a neuro-inclusive workplace
Understanding and handling self-doubt and imposter phenomenon All the suggested topics enhance staff engagement, performance, and well-being as well as effective collaboration with the wide variety of stakeholders that legal professionals have to partner with. I'd be honored and happy to send specific learning outcomes for specific topics that are of interest to ABI. Business Suggested Speakers Carolien Moors cpmoors@gmail.com HardTalk Biz Coaching

Issues related to the nature of correspondence/communications with the Subchapter V Trustee Specifically, the issue relates to how and when such communications are protected (or put the other way, is it subject to discovery?). Candidly, I have heard the matter tangentially discussed at a few CLEs and cringed at certain of the responses given by the Subchapter V panelists. I do not think the responses were all correct, and I certainly would not follow some of the suggested conduct. I am not meaning to be critical. I feel for the panelists who were not really prepared to discuss the topic, given that it was tangential to the prepared presentation, and there had not been much authority on the topic.

My course of action when I serve as the Subchapter V Trustee is always to state that I will not voluntarily repeat anything if asked not to and normally only share information that I have been specifically authorized to share. But, I always emphasize that communication with me is likely subject to discovery absent further order of the Court. In two of my cases, confidentiality became an issue and we prepared to file pleadings to have the matter addressed; but the issue ultimately was resolved without the need for Court intervention. I certainly expect this to continue to be a prevalent concern in many matters.

I originally wanted to mention this issue to the Subchapter V Taskforce but, also, believe a panel on the nature of communications with the Subchapter V Trustee would be a great topic. There is so much that could be explored/discussed: requirements of Subchapter V Trustee to keep communications confidential, does counsel violate duties to clients if they do not seek such communication in discovery for contested matters, ways to address confidentiality of communications with Subchapter V Trustee (such as local rule, sua sponte inclusion in orders like certain jurisdictions are doing for the escrowing of Subchapter V monthly fee payments, and/or upon motion, notice and entry of order similar to the motions that became the norm in large, traditional 11s to address communications with the creditors committee) and so much more! If you agree that this is a topic deserving more consideration, I would be happy (and welcome the opportunity) to further collaborate as well as serve on any such panel. Business Paula Beran pberan@tb-lawfirm.com Tavenner & Beran, PLC

Are you leaving money on the table? The intuition behind the many practical applications of option theory. Lenders face a fundamental problem in life: the math, from the onset, favors the borrower. This is nowhere better displayed than in real estate transactions, where most debt is non-recourse and secured at the property level. Much legal work in a real estate transaction can be viewed as an effort to make up for and possibly invert the inherent disadvantages of the lender. This session aims to provide an intuitive, practical understanding of the role of option theory in structuring and valuing the positions of borrowers and lenders. Be able to look at any situation and better assess the value of embedded optionality. See value or costs where you didn't see them before. Capture more value for your clients. Be able to draw option diagrams on cocktail napkins at networking events. Debtor Suggested Speakers Ken Miller kmiller@advisorsguardian.com Guardian Advisors

Crypto currency is there now framework for handling crypto bankruptcy cases Other Denise Barnett Denise_Barnett@tnwb.uscourts.gov United States Bankruptcy Judge Western District of Tennessee (Memphis)

The Effect of “Reimagined Downtowns” on Commercial Leases and Landlords AND/OR Lessons from WeWork How are commercially based locations changing so that their locations are rented and used by consumers? Business Suggested Speakers John Lucas jlucas@pszjlaw.com Pachulski Stang Ziehl & Jones

Macro-Level Healthcare Finance for Bankruptcy Professionals Many bankruptcy professionals are being called upon to help healthcare provider organizations as this industry faces unprecedented business distress. Whatever the professional's role, some basic understanding of healthcare finance can strengthen decision-making and performance.

This session will provide a high-level view of the unique fiscal considerations in the healthcare provider organization, specifically: 1) accounting and financial statements; 2) cashflow including the massive revenue cycle and accounts payable functions; 3) a murkier part of cashflow buried in the various governmental and private payer reimbursement models, and 4) fraud.

Beginning with accounting and financial statements, the mystery of gross revenue, net revenue, and accounts receivable on the income statement will be examined. Even experienced healthcare CFOs can trip up on accounts receivable calculations given the complexities of payer reimbursement models and payment practices, as well as the payer market changes occurring at an ever-faster pace.

Healthcare provider cashflow management consists of voluminous variations and constant change, more so in revenue cycle but also in accounts payable. Years ago, revenue cycle was simply called “billing.” The term revenue cycle more accurately describes the revenue generation process which can involve every function in the healthcare provider organization, from physician and nursing care to lab work and housekeeping.

Third, fundamentals of the most common healthcare reimbursement models will be discussed starting with basic fee-for-service reimbursement and moving through other models to the present attempts at value-based reimbursement. It may be surprising that while the industry grapples with the new value-based models, a sizable part of reimbursement is still fee-for-service.

Finally, there will be brief mention of fraud and embezzlement which can develop in the troubled healthcare provider organization and may be a significant contributor to poor financial performance.
Participants will gain a high-level perspective on the unique fiscal considerations in the healthcare provider organization to inform their work in advising clients in this troubled industry. A solid base of knowledge in healthcare finance will support accurate financial performance projections, prioritization of turnaround strategies, and organization valuations. Given the esoteric complexities in this field, attendees will also gain an appreciation for situations where using healthcare financial specialists may be helpful.

First, participants will understand special aspects of income statements for healthcare provider organizations, in particular the difficulty of estimating accounts receivable due to the variability in the payer market, reimbursement models, and billing policies and procedures.

Second, attendees will be able to discuss the umbrella structure of cashflow in the healthcare provider organization from revenue generation to accounts payable.

They will understand the fundamentals of the “revenue cycle” which spans the entire healthcare provider organization. They will also be able to outline some mid-level billing functions, common operational problems with billing in the distressed healthcare organization, and practical solutions to address them, including artificial intelligence (AI).

On the other side of cashflow management, participants will understand the cash management structure and issues in vendor contracting, purchasing, and accounts payable in the healthcare organization.

Next, participants will gain a deeper awareness of how various healthcare reimbursement models in the marketplace – e.g., Medicare Advantage, health maintenance organizations (HMOs), high-deductible plans, accountable care organizations (ACOs), etc. – affect the financial performance of healthcare provider organizations.

Finally, attendees will be made aware of some places fraud and embezzlement may develop in the distressed healthcare organization.
Creditor Suggested Speakers Jeanne Goche, MA, JD jgoche@SolutionsinHealthCareManagement.com Solutions in Health Care Management, a consultancy and financial advisory specializing in health care

Uniform Law on Assignment for Benefit of Creditors I'm on the Uniform Law Commission's Drafting Committee for a uniform law on assignments for benefit of creditors. I'll discuss the uniform law process and provide information on assignment for benefit of creditors issues, how those issues relate to bankruptcy, and the potential for a uniform law thereon. Under the laws of most states, assignment for benefit of creditors ("ABC") is an unutilized, or under-utilized, tool. That's because most states either, (i) have no ABC statute, or (ii) have ABC statutes with poison-pill provisions that no one wants to use. I'll discuss how a uniform law will make the ABC tool available and usable and its connection with bankruptcy. Business Suggested Speakers Donald Swanson don.swanson@koleyjessen.com Koley Jessen P.C., L.L.O.