Schedule and Faculty

Tuesday, October 2, 2012

8:00 – 9:00 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

9:00 – 10:00 a.m.

New Developments in the Bankruptcy Rules

Hot news on big upcoming changes to the bankruptcy rules and forms! What you need to know about new appellate rules, entirely new form layouts, and a potential national form for Chapter 13 plans--presented by the chair of the Judicial Conference’s Bankruptcy Rules Committee and a perennial Minnesota favorite.

Judge Eugene R. Wedoff

10:00 – 11:00 a.m.

Maximizing the Benefits of Technology in Your Bankruptcy Practice

1.0 law office management credit applied for

One of the nation’s top legal technologists shares his picks for the best software, systems and gadgets to increase productivity in bankruptcy practice. He won’t just tell you what to buy, but also the best ways to use it. Whether you practice in a large or small firm, following his tech tips will increase your productivity and save you time.

Barron K. Henley

11:00 – 11:15 a.m.

BREAK

11:15 – 11:45 a.m.

State of the Court

Chief Judge Gregory F. Kishel

11:45 a.m. – 1:00 p.m.

LUNCH (provided by Minnesota CLE)

1:00 – 2:00 p.m.

BREAKOUT SESSION A


1) New Receivership and ABC Statutes: Old Ways in the New Age

The panel will provide an overview of the statutes, including the two new types of receiverships, sales free and clear, assignment of contracts, and stay of actions. The panel will also discuss the advantageous and limitations of the receivership and ABC processes as compared to other alternatives.

James A. Bartholomew & Phillip L. Kunkel

Ryan T. Murphy, moderator

 

2) Lien Stripping in Chapter 13 Cases

This panel will discuss lien stripping of wholly unsecured mortgage in a Chapter 13 cases. The panel will address a new proposed Local Rule, recent case law, proposed plan language and additional procedures related to lien stripping. In addition, the panel will discuss issues involving the county recorders’ offices, e.g., recording the lien strip, requirements to effectuate removal of the lien from the real estate records, and more.

Wayne D. Anderson, Margaret H. Culp, Bradley J. Halberstadt & Timothy C. Theisen

 

3) Technology to Easily Manage and Produce Documents in Bankruptcy Practice

1.0 law office management credit applied for

Learn all about the latest and greatest systems for document management and scanning, and how to best integrate them into your bankruptcy practice.

Barron K. Henley

 

4) 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

2:00 – 2:15 p.m.

BREAK

2:15 – 3:15 p.m.

BREAKOUT SESSION B


Bankruptcy 101 continued

 

5) Planning for an Individual Chapter 11 Case

Individual Chapter 11 cases are not simply big Chapter 13 cases or little Chapter 11 reorganization cases. This session will address special requirements under the Bankruptcy Code for individuals in Chapter 11 and help identify how those requirements can affect the outcome of the case.

Douglas W. Kassebaum, Jamie R. Pierce & Sarah J. Wencil

 

6) Disaster Preparedness for Small Firms: Your Ethical Duties and the Tech Tools to Help You

1.0 ethics credit applied for

Are you ready if disaster strikes your firm? Beyond the obvious business reasons to be prepared, you also have an ethical duty to protect your clients’ files. In this session, you’ll learn how to "disaster-proof" your office with the latest in data back-ups and remote storage options, and meet your ethical obligations.

Eric T. Cooperstein & Barron K. Henley

 

7) Litigation Skills: Working with Witnesses

Effective witness preparation; Strategies for direct and cross-examination; How to impeach a witness.

Deborah A. Ellingboe

 

8) Bankruptcy 101: So You Chose a Chapter 7 Bankruptcy

105-minute session beginning at 2:45

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, and representing a client in an adversary action.

Stephen J. Behm, Stephen J. Creasey, Bradley J. Halberstadt, John A. Hedback & Michel E. Ridgway

3:15 – 3:30 p.m.

BREAK

3:30 – 4:30 p.m.

BREAKOUT SESSION C


Bankruptcy 101 continued


9) Business Bankruptcy Roundtable

A panel of "seasoned" business bankruptcy lawyers discuss recent developments an business bankruptcies from both the a debtor and creditor perspective along with practical advice on how to handle them.

Christopher A. Camardello, Steven W. Meyer & Ralph V. Mitchell

David Galle, moderator

 

10) Reaffirmation Agreements – The Ethical Dilemma for Debtors’ Counsel

1.0 ethics credit applied for

The speakers will discuss the ethical obligations for a debtor’s attorney regarding reaffirmation agreements. The discussion will range from the ethical obligations under the Minnesota Rules of Professional Conduct and local bankruptcy rules, to the practical advice needed to assist your client in determining whether or not a reaffirmation agreement is in their best interest.

Professor Gregory M. Duhl & Jeffrey M. Bruzek

 

11) Litigation Skills: Evidence

How to get your evidence admitted; How to use evidence at trial; When and how to object to the other side’s evidence.

Gregory R. Merz

4:30 – 5:30 p.m.

Bankruptcy Section Summer Barbecue

Join your colleagues for drinks, burgers, brats and other summer treats compliments of the Bankruptcy Section of the Minnesota State Bar Association.

 

Wednesday, October 3, 2012

 

8:30 – 9:00 a.m.

CONTINENTAL BREAKFAST

9:00 – 11:00 a.m.

MAIN PLENARY SESSION


9:00 – 10:00 a.m.

Stern v. Marshall, One Year Later

The Supreme Court’s issuance of Stern v. Marshall generated much concern over the opinion’s implications for the Bankruptcy Court as an institution. A leading academic commentator will explore its impact so far.

Professor Ralph Brubaker

 

10:00 – 11:00 a.m.

The New Normal: Understanding the State of Minnesota Economy

As Minnesota continues to emerge from the Great Recession, questions remain as to the overall outlook for our recovery in terms of jobs, housing, state budgets and fiscal policy. Tom Stinson, Minnesota State Economist, will offer an in-depth analysis of the state of our economy today and the conditions business leaders may face both in the coming year and over the long haul.

Tom Stinson

 

- OR -

 

ALTERNATE PLENARY SESSION


9:00 – 11:00 a.m.

Bankruptcy 101: So You Chose a Chapter 13 Bankruptcy

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, and negotiating with secured creditors.

Michael J. Gieseke, Thomas E. Johnson, Bradley J. Halberstadt & Kenneth A. Moats

11:00 – 11:15 a.m.

BREAK

11:15 a.m. – 12:45 p.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 Dennis D. O’Brien, Craig W. Andresen & Katherine A. Constantine

12:45 – 1:45 p.m.

LUNCH (provided by Minnesota CLE)

1:45 – 2:45 p.m.

BREAKOUT SESSION D


12) To Be Paid, Or Not To Be Paid. That Is the Question

This panel discussion includes participation from the US Trustee’s office, a Chapter 7 Trustee and an attorney primarily representing debtors. The discussion will center around issues about how bankruptcy attorneys get paid in the District of Minnesota and the ethical concerns that each attorney has to be aware of if they wish to be hired by a bankruptcy estate. The topics will include new rules on flat fee agreements, applications to be hired as a professional in a Chapter 11 case, new rules pending concerning Chapter 11 fees in large cases and disgorgement of fees.

Colin D. Kreuziger & Brian F. Leonard

Kenneth Corey-Edstrom, moderator

 

13) The Non-Filing Spouse Under Chapters 7 and 13

Many complications can result when a married individual debtor files for bankruptcy without the joinder of the spouse. The panel will explore the most common issues involving property of the estate, income, exemptions, the means test and more.

Michael R. Fadlovich, Mary Jo Jensen-Carter, G. Martin Johnson & Thomas E. Johnson

 

14) Mock Hearing: Valuation

Observe a mock hearing of a valuation issue in a Chapter 11 case and learn what to do and what not to do. You’ll also have the opportunity to ask questions of the lawyers, the witness and the judge.

Judge Kathleen H. Sanberg, John R. McDonald & Jeffrey D. Smith

Lara O. Glaesman, moderator

2:45 – 3:00 p.m.

BREAK

3:00 – 4:00 p.m.

BREAKOUT SESSION E


16) Non-Profit Entities as Debtors, Creditors and Avoidance Targets – Navigating Bankruptcy and Other Applicable Laws as Charitable and Non-Charitable Objectives Collide

This session will discuss whether the absolute priority rule and other Chapter 11 requirements apply to non-profit Chapter 11 debtors, whether financial pledges by debtors give rise to allowed claims by non-profits against a debtor’s estate, recent changes to Minnesota law and bankruptcy law issues applicable to avoidance actions against non-profits and the legal and practical tools and impediments to satisfying judgments against non-profits.

William J. Fisher, Pamela Foohey & James A. Lodoen

 

17) Stump the Chumps: A Roundtable Discussion with a Panel of Experts on Hot Consumer Topics

Bring your burning questions on preferences, fraudulent transfers, small businesses, and home owner associations to our panel of experts.

Julia A. Christians, Thomas F. Miller, Randall Smith & Patti J. Sullivan

Jessica N. McKinney, moderator

 

18) Mock Hearing: Non-Disclosure

Observe a mock hearing of a non-disclosure issue in a Chapter 7 case and learn what to do and what not to do. You’ll also have the opportunity to ask questions of the lawyers, the witness and the judge.

Judge Robert J. Kressel, Matthew R. Burton & Timothy Pramas

Lara O. Glaesman, moderator