Saturday, October 09, 2021

Random Thoughts from the National Conference of Bankruptcy Judges

I have attended and blogged about this conference for a number of years. I remember being captivated by Paul Begala talking about Barack Obama's belief in American Exceptionalism and Gene Wedoff being honored for his service as a judge. This made me realize that NCBJ is a conference where really interesting people talk about important stuff. 

It was great to be back in person again. This year's conference was a hybrid model. About 750 participants attended in Indianapolis while additional participants attended virtually. For those of us who attended in person, we were propping up the struggling hospitality industry which has taken a hit during Covid. The conference was held in a cluster of Marriott hotels in Indianapolis. I was struck by how many of the hotel restaurants had closed. 

I was also impressed by how the conference organizers were concerned about my fitness. There was a cluster of Marriott hotels linked together. I stayed in the Marriott Courtyard which was connected to the JW Marriott by a walkway. With programs on three different floors I managed to get my 10,000 steps in every day without having to go to the gym.

My biggest takeway was the individual stories offered, many of which I will include in posts on specific panels. Judge Christopher Sontchi from the District of Delaware spoke about how he conducted court from his dining room table where he did not wear his judicial robes. He said that in retrospect this was probably a mistake. Judge Harlan "Cooter" Hale said that when he held court in Wichita Falls, Texas, the judicial robe of his predecessor, Judge John Ford was still hanging in the courthouse and he chose to wear it out of respect for his predecessor. Jimmie McMillian of the Penske Organization spoke about his experience flunking out of college and working at Best Buy and Firestone until he could pay off his student loan obligations, return to college and graduate law school. Judge Christopher Lopez spoke about his experience attending college and getting his first credit card which he maxxed out and learned about minimum payments. He spoke about his experience going into a bank serving the minority community and speaking to the president of the bank who gave him a car loan and financial education. All of these stories remind me that the people we see at the top of our profession have had very human experiences on their way to success in the bankruptcy profession.

I was really struck by how many people came up to me to offer condolences for my partner, Barbara Barron, who passed away this year. Barbara was someone who gave me a chance when I needed it and she touched many other people. It did my heart good to share memories with so many people who memories of their own.

I was struck by how many people still have not returned to their offices after eighteen months of Covid. My firm returned to the office in May 2020. I don't think I would have survived working remotely for so long. At home, if I want to attend a remote hearing, I can either set up my laptop in the dining room and risk an inadequate connection or use the computer in the bedroom and have my recently made bed in the background. I was also afraid that if I did a remote hearing that someone would come to the door and the dogs would go beserk. One recurring theme in the conference was associates who had given up their apartments in the city and moved back home or more senior attorneys who moved into their vacation homes. I spoke with one young attorney who moved to the outskirts of Houston where they could get two acres of land. Her new property had a cabin in back where she could set up an office. 

This conference I learned about a type of judge I did not know about before. In Guam and the Northern Mariana Islands, the same person serves as U.S. District Judge and Bankruptcy Judge. These judges are nominated by the president and receive Senate confirmation but serve a limited term. I had the great pleasure of speaking with Judge Frances Tydinco-Gatewood from Guam who certainly travelled the greatest distance to attend the conference. By way of contrast, the U.S. District Judges in Puerto Rico are full-fledged article III judges by virtue of the deal they cut with the United States. 

I really enjoyed the conference event at the Indy 500 race track. As a young boy playing with Hot Wheels cars, I used to watch the Indy 500 race every Memorial Day. This time I got to actually take a lap around the track at 120 mph. 

I also enjoyed the Dine Around program. I got to enjoy a dinner at a nice Italian place with Judge Mindy Mora and her husband, Beth Friedman from KCC, Julie Harrison from Norton Rose Fulbright and Martha Wyrick from Haynes & Boone. Ms. Harrison and Ms. Wyrick were both part of NCBJ's NextGen program. It was nice to meet some future leaders in the bankruptcy profession, especially since they were both from Texas!


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