38th Annual Western District of Pennsylvania Bankruptcy Symposium

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7:30 a.m.
Registration and Continental Breakfast

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8:30 – 9:00 a.m.
Opening Remarks

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9:00 - 10:00 a.m. – Plenary Session 1
BAPCPA or BCRAP: Did Populism Deliver Abuse Prevention and Consumer Protection Since 2005?
One substantive credit

Twenty years on, this roundtable of judges will test BAPCPA’s (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) promises against courtroom reality. Did means testing, tighter automatic-stay limits, homestead caps, domestic support obligation priorities, and the rollback of Chapter 13’s superdischarge curb abuse—or just raise access costs? Did small-business and Chapter 11 changes (lease deadlines, exclusivity caps, §503(c) KERPs, §1112 cause) improve outcomes? Have preference and trade-creditor tweaks (§547(c), §503(b)(9)) and consumer protections delivered balance? Drawing on filing and motions data, consumer-access research, and two decades of case administration, the panel will assess: decreased filings with more litigation; practitioner pitfalls; creditor leverage; and impacts on households, small firms, and the courts. Attendees will leave with practical guidance on navigating BAPCPA’s enduring pressure points and a candid appraisal of where reform still is (or isn’t) needed.

Speakers:

• The Hon. Jeffery A. Deller, United States Bankruptcy Court for the Western District of Pennsylvania
• The Hon. Carlota Böhm, United States Bankruptcy Court for the Western District of Pennsylvania
• The Hon. Tiiara N.A. Patton, United States Bankruptcy Court for the Northern District of Ohio
• The Hon. John E. Hoffman, Jr., United States Bankruptcy Court for the Southern District of Ohio

Moderator:

• Jacob R. Broadway, McGuireWoods

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10:15 - 11:15 a.m. – Plenary Session 2
True Sales — Recharacterization of Receivables Sales and Other Transactions as Loans
One substantive credit

The characterization or recharacterization of transactions has become increasingly prevalent in bankruptcy proceedings. This program will offer an in-depth, practical overview of the characterization of “true sales” under state law and the ramifications under the Uniform Commercial Code and § 552 of the Bankruptcy Code. Using their broad range of prospectives and experiences, the panelists will provide an in-depth review of the fact intensive exercise of how transactions are characterized in bankruptcy court, including review of applicable state law, the Uniform Commercial Code, and usury law. Based on how a transaction is ultimately characterized, the panelists will then explore the impact on the parties’ rights and remedies. Attendees will leave the program with a better understanding of how this complex topic impacts their practice.

Speakers:

• Eric A. Schaffer, Stonecipher Law Firm and University of Pittsburgh School of Law
• Donald R. Calaiaro, Calaiaro|Valencik
• Michael A. Shiner, Tucker Arensberg, P.C.
• Kathryn L. Harrison, Campbell & Levine, LLC

Moderator:

• The Hon. Gregory L. Taddonio, United States Bankruptcy Court for the Western District of Pennsylvania

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11:30 a.m. - 12:30 p.m. – Plenary Session 3
Bias, Bots, and the Bar: Ethical AI for Attorneys
One ethics credit

Artificial intelligence (AI) tools are increasingly incorporated (and even relied upon) in today’s legal practice. From research and drafting to document review and client communications, AI is proving a powerful tool for attorneys in nearly all aspects of practice. However, such use of AI requires lawyers to navigate complex ethical obligations to ensure responsible use of this increasingly prevalent technology.

This program explores the various uses of AI in the legal field and wide range of ethical considerations for attorneys and firms when this technology is implemented and integrated into legal practice. Topics covered include the implicated ethical rules; various pitfalls that accompany the use and reliance on AI in legal practice; and best practices and policies for AI use to navigate these potential hazards.

Speakers:

• The Hon. Joy Flowers Conti, United States District Court for the Western District of Pennsylvania
• Alexis Leventhal, Campbell & Levine, LLC
• George Fitting, Clark Hill
• Gwenyth A. Ortman, Bernstein Burkley

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12:45 - 1:45 p.m.
Networking Lunch

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1:45 - 2:45 p.m. – Consumer Breakout Session Part 1
Chapter 7 and 13 Consumer Case Law Update
One substantive credit

This program will provide an in-depth review of current Chapter 7 and Chapter 13 case law that will include local and national mortgage issues, vehicle issues, discharge and dischargeability developments, rule changes, emerging challenges for consumer bankruptcy attorneys and other trending consumer topics. Don’t miss this panel- these panelists have presented this case law update nationally and are always a hit with a little extra zing!

Speakers:

• Retired Hon. Keith M. Lundin, U.S. Bankruptcy Court for the Middle District of TN
• Ronda J. Winnecour, Standing Chapter 13 Trustee, U.S Bankruptcy Court for the Western District of Pennsylvania
• Keri P. Ebeck, Bernstein-Burkley, P.C.
• Abigale Steidl, Steidl & Steinberg P.C.

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1:45 - 2:45 p.m. – Commercial Breakout Session One
Unlocking Opportunity in Distress: Navigating the Lifecycle of Distressed Assets
One substantive credit

In today’s volatile economic landscape, distressed assets present both significant risks and unique opportunities. This presentation offers a comprehensive dive into the world of distressed asset transactions—from identifying the various types of distressed assets and understanding the factors that lead to their decline, to exploring the strategic marketing approaches that bring them to market. Panelists will walk through the acquisition process, uncover best practices for negotiation and sale, and demystify the documentation that underpins these complex deals. This session will equip you with the insights needed to navigate the distressed asset space.

Speakers:

• Jillian Nolan Snider, Frost Brown Todd LLP
• Mike Brewster, Frost Brown Todd LLP
• Aimee Rice, Riveron

Moderator:

• Jordan S. Blask, Frost Brown Todd LLP

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3:00 - 4:00 p.m. – Consumer Breakout Session Part Two
Chapter 7 and 13 Consumer Case Law Update
One substantive credit

This program will provide an in-depth review of current Chapter 7 and Chapter 13 case law, focusing on the key issues that came before the courts in 2025.

Speakers:

• Retired Hon. Keith M. Lundin, U.S. Bankruptcy Court for the Middle District of TN
• Ronda J. Winnecour, Standing Chapter 13 Trustee, U.S Bankruptcy Court for the Western District of Pennsylvania
• Keri P. Ebeck, Bernstein-Burkley, P.C.
• Abigale Steidl, Steidl & Steinberg P.C.

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3:00 - 4:00 p.m. – Commercial Breakout Session Two
Chapter 11 Topics
One substantive credit

In this program, panelists will address current Chapter 11 issues including (1) Purdue Pharma and its implications, and (2) Subchapter V open and disputed legal issues. Specific topics will include the current state of the law with respect to third party releases after Purdue Pharma, Subchapter V plan confirmation issues, merchant cash advance loans and issues related thereto, and also the Subchapter V Trustee perspective on various Subchapter V topics.

Speakers:

• Joseph S. Sisca, Grenen & Birsic, P.C.
• Christopher Frye, Steidl & Steinberg P.C.
• Daniel R. Schimizzi, Raines Feldman Littrell LLP
• William Krieger, Gleason

Moderator:

• The Hon. John C. Melaragno, United States Bankruptcy Court for the Western District of Pennsylvania

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4:15 - 5:15 p.m. – Plenary Session Four
The DIP Matrix – The Monster We Have Created Via DIP Financing
One substantive credit

This session will explore the evolution of DIP financing and the all-powerful machine we have released within the chapter 11 process. The panelists will explore and debate some of the more problematic aspects of DIP financing, including the usurpation of debtor-in-possession control, the impact of overreaching financing terms, and more novel DIP financing structures that test the integrity of the bankruptcy process itself. This presentation will identify targeted areas of DIP financing that require attention by all parties in interest and professionals who seek to not only preserve restructuring optionality for the pending chapter 11 case, but for the process as a whole going forward. “Throughout the history of chapter 11, we have been dependent upon DIP financing to survive. Fate, it seems, is not without a sense of irony.”

Speakers:

• The Hon. Jeffery A. Deller, United States Bankruptcy Court for the Western District of Pennsylvania
• Michael J. Roeschenthaler, Raines Feldman Littrell LLP
• Michael A. Shiner, Tucker Arensberg PC
• Evan Blum, BDO USA

Moderator:

• Jordan N. Kelly, Raines Feldman Littrell LLP

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5:30 - 7:00 p.m. Networking Reception and ACBA Bankruptcy and Commercial Law Section Holiday Party
Celebrate the season with your fellow bankruptcy practitioners. Network with judges, sponsors and enjoy cocktails and hors d’oeuvres.

Register Here

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Sponsored by: