Bankruptcy Institute

Transcription

1 Minnesota CLE and the Bankruptcy Section of the MSBA proudly present The 2014 Bankruptcy Institute Thursday & Friday, October 23 & 24, 2014 Minnesota CLE Conference Center 600 Nicollet Mall, Suite 370 Third Floor City Center, PRESENTATIONS ON: Detroit s Chapter 9 Bankruptcy Retirement Assets in Bankruptcy Business Topics Consumer Topics Ethics Ask the Judges Bankruptcy 101 Annual Case Law Update And many more! The Institute Welcomes 5 Special Guest Speakers from Across the Country! Chief Judge Anita L. Shodeen ; Southern District of Iowa LakeLaw; Chicago, Illinois Houlihan Lokey; National Ethics Speaker; East Brunswick, New Jersey National Association of Consumer Bankruptcy Attorneys; Washington, D.C. Plus Minnesota s Bankruptcy Court Judges: Chief Judge Gregory F. Kishel Judge Kathleen H. Sanberg Judge Katherine A. Constantine Full course details inside.

2 Once again, the Bankruptcy Institute has brought together national authorities and Minnesota experts to share their insights into the latest developments and hot topics in bankruptcy law. Choose from 16 breakout sessions to design the curriculum that best fits your practice needs and goals. DAY 1 Thursday, October 23, :00 9:00 a.m. CHECK-IN & CONTINENTAL BREAKFAST 9:00 10:30 a.m. Case Law Update and Bankruptcy Trends An expert review of notable bankruptcy court, district court, court of appeals and U.S. Supreme Court cases from the past year. Judge Katherine A. Constantine 10:30 10:45 a.m. BREAK Business 1:15 2:15 p.m. Breakout A 2:30 3:30 p.m. Breakout B 3:45 4:45 p.m. Breakout C 101 Current Issues in Fraudulent Transfer Law The standards for proving the elements of fraudulent transfer claims and defending such claims under Minnesota state law and federal bankruptcy law are constantly evolving. This panel will discuss recent developments in fraudulent transfer law, including issues in proving and defending claims for actual and constructive fraud, statute of limitations issues for claims arising under the Minnesota Uniform Fraudulent Transfer Act and attempts to limit statutory exceptions to a trustee s ability to avoid fraudulent transfers. Mychal Bruggeman, Stephen M. Mertz & George H. Singer Amy Swedberg, moderator 201 Business Bankruptcy Roundtable: Liquidating Plans, Chapter 7, Structured Dismissals? What to do Next in Chapter 11 Cases The panel will discuss the considerations that impact the method for concluding the liquidation of a business through the sale of assets in a Chapter 11 case, including process of selecting person, supervision and control, distributions, timing, and costs, as well as the conversion to chapter 7 as an alternative. The panel will also discuss recent experiences and strategies that may influence the outcome, including considerations of the debt structure, creditor body, and creditors committee preference. James L. Baillie, Michael R. Fadlovich & Erin E. Knapp Darda 301 Current Issues in Chapter 11 Cases: Classification, Credit Bidding, Confirmation and Cramdown This panel will survey current issues in Chapter 11 practice affecting asset dispositions and plans of reorganization, particularly as these issues impact secured creditors. The panel will discuss recent caselaw developments by bankruptcy and other courts in the 8th Circuit and other jurisdictions on classification of claims, the section 1111(b) election, credit bidding and limitations on credit bidding, valuation of secured claims under section 506, and cram down of plans on secured creditors. Richard D. Anderson, Clinton E. Cutler, Connie A. Lahn & Clark T. Whitmore 10:45 11:30 a.m. Creditor Rights in Chapter 9 Lessons from Detroit The legal and financial impact of the City of Detroit s historic Chapter 9 bankruptcy will influence a diverse spectrum of public policy issues and concerns from the bargaining power of public employee unions and pensions to the cost of municipal financing. is a senior member of the Houlihan Lokey restructuring practice and the financial advisor to the single largest financial creditor in the City of Detroit. Mr. Spencer will provide a first person account of Detroit s Chapter 9 proceeding with a particular focus on the implications of Detroit on the rights and insolvency recovery prospects for municipal financial creditors. Consumer 102 Duties of the Trustee to the Debtor, and Vice Versa What information can a trustee request from the debtor? What information should the debtor produce? What information may the debtor produce? What information might not be reasonable to be asked to produce? What communication and ethical issues between the trustee and the debtor are involved when administering the estate? David Leibowitz, an experienced bankruptcy lawyer and trustee based in Chicago and practicing in Illinois, Wisconsin and Arizona, answers these questions and yours. 202 Marital Issues in Bankruptcy An in-depth discussion of the issues that arise in a bankruptcy case when your client is either contemplating divorce or is recently divorced including: when to file; representation issues in joint cases when the parties are considering separation or divorce; dischargeability issues related to property settlement; and homestead exemption issues. Kenneth Corey-Edstrom & Dorraine A. Larison 302 How to Write Appellate Briefs: A Workshop for Consumer Debtor Attorneys Experienced appellate attorney,, the Amicus Project Director for the National Association of Consumer Bankruptcy Attorneys and Counsel to the National Consumer Law Center, shares advice for crafting appellate briefs. She will share tips on: Following the rules Applying the correct standard of review Organizing the brief Narrowing the issues Writing persuasively Summarizing your arguments 11:30 a.m. 12:00 p.m. State of the Court Chief Judge Gregory F. Kishel 12:00 1:15 p.m. INSTITUTE LUNCHEON Marriott City Center (provided by Minnesota CLE) Litigation 103 What Bankruptcy Lawyers Should Know About Appeals A panel of Bankruptcy Appellate Panel and U.S. District Court judges discuss what bankruptcy lawyers should know about appeals; including rules, standards of review, and other best practices., Judge Ann D. Montgomery & Chief Judge Anita L. Shodeen 203 Mock Hearings Examples of What to Do and Not to Do in Trial This session will feature a series of vignettes of various witness and evidentiary issues in bankruptcy cases. Judges clerks, present and past, as well as several leading attorneys will appear in vignettes and for a panel discussion led by Judge Sanberg. Matthew R. Burton, Steven Kinsella, Abigail McGibbon, Ian Rubenstrunk, Amy Swedberg, Charles F. Webber & Natasha Wells Judge Kathleen H. Sanberg, moderator Bankruptcy Bankruptcy 101: Bankruptcy Basic Principles and Players, Selecting Chapter 7 or 13 Bankruptcy, and other Pre-Filing Considerations 90-minute session The panel will initially discuss the most basic principles of bankruptcy and the players involved in a bankruptcy. The discussion will then lead into pre-filing considerations that lead up to the selection of a Chapter 7 or Chapter 13 bankruptcy. The panelists will discuss the initial consultation with the Debtors, bankruptcy worksheets and forms, pre-bankruptcy debt counseling, eligibility issues in qualifying for a Chapter 7 and Chapter 13, assets and debts, preferences and fraudulent transfers, and the advantages/disadvantages of both a Chapter 7 and Chapter 13 bankruptcy. Jeffrey M. Bruzek, Jeanine L. Johnson & Ron Lundquist 204 Bankruptcy 101: So You Chose a Chapter 7 Bankruptcy 105-minute session beginning at 3: ethics credit applied for This panel will discuss all matters relating to the filing of a Chapter 7 Bankruptcy. This panel will discuss how to properly draft the bankruptcy petition and schedules. The panel will also concentrate on preparing a client for the 341 meeting, dealing with any UST requests for information, negotiating reaffirmation agreements with secured creditors, dealing with relief stay motions, handling discharge issues, representing a client in an adversary action, and the bankruptcy lawyer s ethical duties. Stephen J. Behm, John A. Hedback, Nauni Manty, Sarah Wencil Bradley J. Halberstadt, moderator 4:45 5:30 p.m. Bankruptcy Section Reception Join your colleagues for drinks, appetizers and other treats compliments of the Bankruptcy Section of the Minnesota State Bar Association.

3 DAY 2 Friday, October 24, :30 9:00 a.m. CONTINENTAL BREAKFAST 9:00 10:00 a.m. What about My Retirement? Retirement Accounts in Bankruptcy Retirement savings for most Americans are woefully inadequate, but does a fresh start include the ability to keep retirement savings and make retirement contributions? Tara Twomey, the Amicus Project Director for the National Association of Consumer Bankruptcy Attorneys and Counsel to the National Consumer Law Center, discusses treatment of retirement savings in ERISA (Employment Retirement Income Security Act) pensions and non-erisa pensions, whether post-petition contributions to retirement savings accounts are allowed, and how Social Security benefits are treated in bankruptcy. 10:00 11:00 a.m. Technethics Navigating the Ethical Pitfalls in Social Media and Other Technology 1.0 ethics credits applied for Social networking is all the rage and attorneys are participating in record numbers. But our activities in social networking have both professional and ethical repercussions. In this program, the CLE Performer, Stuart Teicher, reveals the pitfalls associated with social media and provides attorneys with solid direction to avoid getting into trouble. He also discusses the ethical issues with other techno-trends like cloud computing, smart phones and wireless networks. Presented with Stuart s unique entertaining twist, the program includes a discussion about key ethics rules, emerging trends and the latest advisory opinions from across the country. 11:00 11:15 a.m. BREAK Bankruptcy 101 Ethics Consumer Business 1:00 2:15 p.m. Breakout D 2:30 3:15 p.m. Breakout E 401 Debtor-Creditor Law in Indian Country: The Intersection of Federal and State Law with Tribal Sovereignty This panel will address issues arising from extending credit to tribes and enrolled members. They will explore how tribal sovereignty impacts security interests and collection rights, including unique issues that arise when a tribal member files bankruptcy such as the treatment of per capita payments. This discussion will be of interest to both commercial and consumer attorneys. Peter C. Greenlee, Mark Halverson, Mariko E. Hernandez & Professor Colette Routel 402 Serious Business: An Overview of Discharge Litigation This panel discussion focuses on issues arising in the context of objections to discharge or actions to revoke discharge. The panelists will discuss common fact patterns that trigger discharge litigation under 11 U.S.C. 727, the basic structure of a typical case under 727, relevant case law and other considerations unique to discharge litigation. Jeffrey M. Bruzek & Colin D. Kreuziger Michael J. Stepan, moderator 403 The Fear Factor How Good Lawyers Get into Bad Ethical Trouble 1.25 ethics credits applied for The scariest stories that lawyers hear are those tales where responsible lawyers who care about acting in an ethically appropriate way end up getting into disciplinary trouble. In this program, Stuart Teicher, the CLE Performer explains how to avoid the common missteps made by otherwise responsible attorneys. In this amusing presentation, Stuart reveals the hidden dangers of conflicts, confidentiality, and candor. You ll leave this seminar a safer, stronger attorney. 404 Bankruptcy 101: So You Chose a Chapter 13 Bankruptcy 501 Personal Injury Exemptions A discussion of the issues that arise when your client is either about to file a personal injury action, has filed a personal injury action, or recently settled a personal injury action and is contemplating bankruptcy. The discussion will include choice of exemption issues, timing issues, who controls pending litigation and the retention of a personal injury attorney post-bankruptcy filing. Patti J. Sullivan, James P. Ryan Jr. & Stephen J. Creasey 502 Preventing Malpractice and Ethics Complaints in Bankruptcy Practice.75 ethics credits applied for Learn the top pitfalls that can lead to malpractice claims and ethics complaints in bankruptcy practice, and how you can avoid them. Todd C. Scott 0.5 ethics credit applied for This panel will discuss all matters relating to the filing of a Chapter 13 Bankruptcy. The panel will, however, specifically concentrate on drafting a Chapter 13 plan and on properly modifying/amending a Chapter 13 plan after confirmation of the initial plan. Throughout this discussion on drafting the Chapter 13 plan, the panelists will discuss the various current issues that arise such as length of plan, adequate protection, mortgages in default, other secured claims in default, 910 car claims, wholly unsecured second mortgages, IRS/MDR claims, child support arrearages, creating separate classes of unsecured creditors, negotiating with secured creditors, and the bankruptcy lawyer s ethical duties. Margaret H. Culp, Michael J. Gieseke, Bradley J. Halberstadt & Kenneth A. Moats 3:30 4:30 p.m. CLOSING PLENARY SESSION Elimination of Bias: Perspectives on Representing Clients from Diverse Cultures 1.0 elimination of bias credits applied for As Minnesota becomes increasingly diverse, it is very likely that you are, or soon will be, working with lawyers and clients from other cultures. This panel features lawyers who often represent diverse clients in bankruptcy cases and other matters. Learn how various cultures view the legal system in Minnesota and the concepts of debt and bankruptcy. The panelists will also provide practical advice for lawyers who are representing clients from diverse cultures, including cultural sensitivity considerations and communication tips. Abdinasir M. Abdulahi, Cesar A. Cazales, Lindsay Davis & Neng Vue William J. Fisher, moderator 11:15 a.m. 12:00 p.m. Ask the Judges All of the Minnesota Bankruptcy Court Judges will be available to answer your questions and talk about procedures, rules and more. (Note: no advisory opinions will be given!) Chief Judge Gregory F. Kishel Judge Kathleen H. Sanberg Judge Katherine A. Constantine Lori A. Vosejpka, moderator 12:00 1:00 p.m. LUNCH (ON YOUR OWN) FREE POST-INSTITUTE WEBCAST! As a special bonus, you may view this 2-hour webcast after the Institute for no additional fee. A coupon code, along with instructions on how to register for free at will be distributed at the Institute. Tuesday, October 28, 9:00 11:00 a.m. The Business Case for Diversity 2.0 elimination of bias credits applied for Diversity in the legal profession is not only the right thing to do, it s also good for business. This program explains the financial and practical benefits of diversity. You will learn that: Diverse firms attract and retain talented attorneys, reduce turnover, create a productive work environment, and enhance business development efforts More corporate clients are demanding that women and minority attorneys be assigned to their work Women and minority attorneys are becoming increasingly successful as rainmakers And much more Roy Ginsburg

4 Special Guest Speakers Chief Judge Anita L. Shodeen Chief Judge Shodeen was appointed to a 14-year term that began in 2009, and was elevated to the position of Chief Judge of the U.S. Bankruptcy Court, Southern District of Iowa in She began her legal career with a clerkship for Justice Jerry Larson of the Iowa Supreme Court. Thereafter, she joined the law firm of Beving Swanson & Forrest, P.C., where she specialized in bankruptcy matters and eventually became a member of the firm s partnership ranks. While serving as a judge, Shodeen has served as a member of the Bankruptcy Appellate Panel for the Eighth Circuit. She has also taught as an adjunct law professor at Drake University Law School, her alma mater. David Leibowitz founded LakeLaw in 1999 after more than 25 years of distinguished practice in Chicago. David focuses his practice at LakeLaw on bankruptcy and mortgage foreclosure defense. He is the only lawyer in Northern Illinois or Southern Wisconsin board certified both as a business bankruptcy lawyer and as a consumer bankruptcy lawyer. He is admitted to the bar in Illinois, Wisconsin and Arizona. David has achieved national recognition for his work in defending against predatory mortgages. Mr. Spencer is a Managing Director in Houlihan Lokey s Financial Restructuring Group, and focuses on advising companies in executing distressed recapitalizations. He has particular expertise executing out-of-court restructuring transactions involving consensual impairment of one or more creditor constituencies. Sample distressed recapitalization transactions led by Mr. Spencer include United Site Services, Inc., Network Communications Inc., Aquilex Services Corp., and Hutchinson Technology, Inc. In select circumstances, Mr. Spencer also advises companies executing bankruptcyrelated reorganizations or sale transactions. is a professional legal educator who focuses on ethics law and writing instruction. A practicing attorney for over two decades, Stuart s career is now dedicated to helping fellow attorneys survive the practice of law and thrive in the profession. Mr. Teicher is a Supreme Court appointee to the New Jersey District Ethics Committee where he investigates and prosecutes grievances filed against attorneys, an adjunct Professor of Law at Rutgers Law School in Camden, New Jersey where he teaches Professional Responsibility and an adjunct Professor at Rutgers University in New Brunswick where he teaches undergraduate writing courses. is currently the Amicus Project Director for the National Association of Consumer Bankruptcy Attorneys and Of Counsel to the National Consumer Law Center. She is a Lecturer in Law at Stanford, and has previously lectured at Harvard and Boston College Law Schools. Tara is a former Clinical Instructor at the Hale and Dorr Legal Services Center of Harvard Law School where her practice focused, in part, on sustainable homeownership for low- and moderateincome homeowners. She is a contributing author of several books published by the National Consumer Law Center including, Foreclosures: Defenses, Workouts and Mortgage Servicing and Bankruptcy Basics. FACULTY & PLANNERS Planning Committee Member Special Guest Speaker Ryan T. Murphy Institute Chairperson Abdinasir M. Abdulahi Richard D. Anderson Briggs and Morgan, P.A. James L. Baillie Stephen J. Behm Behm Law Group, LTD Mankato Mychal Bruggeman DeWitt Mackall Crounse & Moore Jeffrey M. Bruzek Bruzek Law Office Matthew R. Burton Leonard, O Brien, Spencer, Gale & Sayre, Ltd. Kyle L. Carlson Chapter 13 Trustee Barnesville Cesar A. Cazales Cazales Law LLC Judge Katherine E. Constantine Kenneth Corey-Edstrom Larkin Hoffman Daly & Lindgren Ltd. Stephen J. Creasey Lapp, Libra, Thomson, Stoebner & Pusch, Chtd. Margaret H. Culp Office of the Chapter 13 Trustee Clinton E. Cutler Lindsay Davis Minnesota State Bar Association Michael R. Fadlovich Judge William J. Fisher Fourth Judicial District Michael J. Gieseke Office of Chapter 13 Trustee Barnesville Peter C. Greenlee Greenlee Law Office Duluth Roy Ginsburg Minnetonka Bradley J. Halberstadt Stewart, Zlimen & Jungers Ltd. Roseville Mark Halverson Halverson Law Office Mankato John A. Hedback Hedback, Arendt, Kohl & Carlson, PLLC Saint Anthony Mariko E. Hernandez Jeanine L. Johnson Meyer & Njus, P.A. Mark J. Kalla Lapp, Libra, Thomson, Stoebner & Pusch, Chartered Steven Kinsella Chief Judge Gregory F. Kishel Erin E. Knapp U.S. Bancorp Colin D. Kreuziger Connie A. Lahn Barnes & Thornburg LLP John D. Lamey III Lamey Law Firm, P.A. Oakdale Dorraine A. Larison Gray Plant Mooty Saint Cloud LakeLaw Chicago, Illinois Ron Lundquist Eagan Abigail McGibbon Jessica N. McKinney McKinney Law Office Nauni Manty Manty & Associates, P.A. Stephen M. Mertz Kenneth A. Moats Hoglund, Chwialkowski & Mrozik, PLLC Roseville Judge Ann D. Montgomery U.S. District Court District of Minnesota Robert B. Raschke Professor Colette Routel William Mitchell College of Law Ian Rubenstrunk Dennis M. Ryan James P. Ryan Jr. Ryan & Grinde, Ltd. Rochester Judge Kathleen H. Sanberg Amy E. Sauter Lund Sauter, P.A. Saint Cloud Todd C. Scott Minnesota Lawyers Mutual Insurance Company Chief Judge Anita L. Shodeen U.S. Banktruptcy Court Des Moines, Iowa George H. Singer Lindquist & Vennum LLP Houlihan Lokey Michael J. Stepan Patti J. Sullivan Sullivan Law Firm, P.A. Amy Swedberg Maslon Edelman Borman & Brand, LLP East Brunswick, New Jersey National Association of Consumer Bankruptcy Attorneys Washington, D.C. Lori A. Vosejpka Neng Vue Central Minnesota Legal Services Charles F. Webber Natasha Wells Sarah J. Wencil Clark T. Whitmore Maslon Edelman Borman & Brand, LLP

5 COURSE INFORMATION HOTEL ACCOMMODATIONS Go to the Visit website to search for hotels and book your room. The closest hotels to the Minnesota CLE Conference Center are the Marriott City Center and the Radisson Blu. CREDITS Minnesota CLE has applied to the State Board of CLE for 11.5 total credits, including 1.0 elimination of bias credits and 1.0 ethics credits. The total also includes 1.25 ethics credits for session #403,.75 ethics credits for session #502 and.5 ethics credits each for sessions #204 and #404. If you attend these breakout sessions, you must deduct the number of ethics credits from the number of standard credits you report for the Institute is the maximum number of total credits you may report for attending the 2014 Bankruptcy Institute. Minnesota CLE has applied to the State Board of CLE for 2.0 elimination of bias credits for the post- Institute webcast, The Business Case for Diversity. You must view this webcast to claim the additional 2.0 elimination of bias credits. COURSE MATERIALS Course materials will be available online for attendees prior to the Institute, during the Institute and for three years afterwards. Attendees will receive hardcopy handouts for the plenary sessions and all the breakout sessions attended. NEW LAWYER SCHOLARSHIP PROGRAM In recognition of the challenges facing lawyers entering the profession, Minnesota Continuing Legal Education has established a scholarship program for unemployed and underemployed lawyers admitted fewer than three years. Those wishing to apply for such assistance should contact Grant at or gdavies@minncle.org for details. DATED MATERIAL PLEASE EXPEDITE! 2550 UNIVERSITY AVE W #160-S, SAINT PAUL MN Minnesota Continuing Legal Education CANCELLATION / NO-SHOW POLICY Paid registrants who cancel their registration at least 3 business days before the program will receive a full credit on their account; if fewer than 3 business days, a $25 administrative fee will be deducted. Paid registrants who fail to attend will receive the written materials. Passholders may purchase the materials at 50% of the full retail price. ACCOMMODATION If you have a disability and need an accommodation in order to attend, contact Minnesota CLE as soon as possible at 2550 University Avenue West, Suite 160-S,, MN or call us at or QUESTIONS? Call Minnesota CLE at or Or visit us online at CONNECT WITH VIEW INFORMATION ON YOUR MOBILE DEVICE OR REGISTER ONLINE Nonprofit Org. U.S. Postage P A I D Minnesota Continuing Legal Education REGISTRATION FORM TMM The 2014 Bankruptcy Institute October 23 & 24, 2014 PLEASE APPROPRIATE BOX: $495 MSBA member $595 standard rate $495 paralegal I have a Minnesota CLE Season Pass SM. Pass # NEW LAWYER DISCOUNT! I was first admitted to the bar after October 23, 2011, and have deducted $60 from the tuition marked above. Check here if address below is new. Minnesota CLE Conference Center Name (first) (mi) (last) Firm Join the MSBA and pay less for Minnesota CLE seminars! To join the MSBA go to Or for more membership advantages call ENCLOSED IS $ BY: Check (payable to Minnesota CLE) VISA MasterCard Discover AmEx Card No. Exp. Can t attend the Institute? Purchase the materials for $125* by calling or Available in hard copy. *plus tax, shipping and handling Signature TO REGISTER: Address City/State/Zip Phone Fax MAIL TO: GO ONLINE: Minnesota CLE 2550 University Avenue West Suite #160-S St. Paul, MN Attorney License No. (if applicable) OR CALL: or Profession, if non-attorney