Thursday, October 3, 2019 - Friday, October 4, 2019
8:45 AM - 4:30 PM | Check-In: 8:15 AM
Minnesota CLE Conference Center
600 Nicollet Mall # 370
3rd Floor, City Center
Minneapolis, MN 55402
The 2019 Bankruptcy Institute provides you with the latest developments and practical guidance from experienced bankruptcy lawyers, trustees and judges. Offering plenary sessions as well as timely breakout sessions, the Institute allows you to design the curriculum that best fits your practice needs and goals.
Join 12 Special Guest Speakers at the Bankruptcy Event of the Year!
8:15 – 8:45 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
8:45 – 9:00 a.m.
9:00 – 10:30 a.m.
2019 Case Law Update
An in-depth review of notable bankruptcy court, district court, Bankruptcy Appellate Panel, court of appeals and U.S. Supreme Court cases from the past year.
– James C. Brand, Karl J. Johnson, Nauni J. Manty & Kesha L. Tanabe
10:30 – 10:45 a.m.
10:45 – 11:45 a.m.
The ABI Commission on Consumer Bankruptcy: How Its Final Report Could Change Your Work
The ABI Commission was charged with making recommendations that can be implemented not just in Code amendments, but in national bankruptcy rules, local court rules, judicial decisions, and individual attorney practice. The Commission itself was composed of members from all interest groups affected by bankruptcy – debtors, creditors, trustees, and judges – and its recommendations reflect a consensus on how to make the consumer bankruptcy system work more effectively for everyone involved. The Commission’s Report affects all bankruptcy lawyers and cases. Judge Wedoff, a member of the ABI Commission, will discuss how the report treats a range of issues, including student loan debt; attorney fees in both chapter 7 and chapter 13; access to exemptions; the balance of creditor and debtor rights in chapter 13; and systemic issues (fees, forms, credit reporting).
– Judge Eugene R. Wedoff (Ret.)
11:45 a.m. – 1:00 p.m.
12:15 – 12:45 p.m.
State of the Court
– Chief Judge Michael E. Ridgway
12:45 – 1:00 p.m.
1:00 – 2:00 p.m.
Does this Tractor Run – Fuel It, Fix It or Sell It?
The presentation will discuss issues unique to operators and creditors in the agriculture sector, including cash flows, lien priorities, valuation and sale issues in this troubled environment.
– James Cullen, James A. Lodoen & Krystal M. Lynne
– George H. Singer, moderator
Placing Bets and Cashing Checks: How to Get Paid in a Consumer Bankruptcy Case
1.0 ethics credit applied for
Much like the action at the casino, lawyers representing parties in bankruptcy is a risky proposition. The panel will discuss how attorneys representing debtors and creditors in consumer cases can seek compensation for the services the attorneys provide in Chapter 7 and Chapter 13 consumer bankruptcy cases. The speakers will address various issues regarding fees including the ethical dilemma of fee arrangements in bankruptcy cases, issues regarding retainer agreements, and how to apply for an award allowing compensation of fees.
– Jeffrey M. Bruzek, Bradley J. Halberstadt & Timothy C. Theisen
The Art of Writing Like a Lawyer
This program will focus on the structure of the elements lawyers use to craft written work. Yes, that means grammar. But after studying the legal writer’s tools, the program will examine artfully drafted legal work product to foster an appreciation of the art of legal writing.
– Christopher D. Soper
2:00 – 2:15 p.m.
2:15 – 3:15 p.m.
Section 365: IP & Bankruptcy
Many debtors rely upon licenses to use intellectual property to operate their businesses. In other cases, IP may be among the debtor’s most valuable assets. Join our panel in exploring the intersection of Section 365 and intellectual property agreements such as copyright, patent and trademark licenses. The panelists will also discuss the Supreme Court decision in the Tempnology case and issues most likely to generate litigation in current cases.
– Summer Chandler, Ferve E. Khan, Elyssa S. Kates & Eric R. Goodman
Effective Handling of Post-Petition Chapter 13 Issues
This panel of experienced bankruptcy attorneys and Chapter 13 trustee counsel will discuss treatment of important issues, including: Review of the claims register and claims for mortgages, taxes, and student loans; Objections to claims and mortgage fees and use of Bankruptcy Rule 3002.1; Post-petition debts and claims; Post-petition assets and income; Direct home mortgage and car loan payments; Lift-stay motions and Local Form 4001-1; Post-petition sale of real estate; Factors affecting the need to file modified Chapter 13 plans; Compensation of attorneys – procedure and deadline dates; and Conversion to Chapter 7.
– Nicole Anderson, Heather M. Forrest, Orin J. Kipp & Steven C. Opheim
Rebuilding Credit After a Bankruptcy
Bankruptcy practitioners often field non-legal questions from clients about the real-world consequences of bankruptcy. This session will equip lawyers with answers to commonly asked questions such as: How do I rebuild my credit? Can I purchase a home after bankruptcy? What can be reported to credit bureaus? and What should be done about errors?
– Jerrad Havins & Liz Peter
3:15 – 3:30 p.m.
3:30 – 4:30 p.m.
Mental Health and Mindfulness in Restructuring Matters
This presentation will explore mental health, self-care and wellness for participants in restructuring matters. What we do for a living is hard, and for our clients, sometimes these matters are “bet the company” on many levels. Our clients expect us to be at peak performance. How can we elicit peak performance from them? We will explore some basic mindfulness principles and practices that will offer a great return on investment and will enhance your personal and professional performance too.
– Paul Steven Singerman
4:30 – 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.
8:30 – 9:00 a.m.
9:00 – 10:00 a.m.
Elimination of Bias: The Growing Crisis of Seniors in Bankruptcy – How We Got Here and Some Hope for the Future
This session does not qualify for elimination of bias credit
Over the past 15 years, debt balances held by younger borrowers held steady or declined. At the same time, debt held by borrowers between the ages of 50 and 80 increased by roughly 60 percent. Bankruptcy filing statistics mirror this trend. The panel will discuss the depths of this problem, why it is happening and the prospects for reversing the trend.
– Chris Farrell & Pamela Foohey
– Kenneth Edstrom, moderator
10:00 – 10:15 a.m.
10:15 – 11:15 a.m.
Are the Chickens Coming Home to Roost? Gearing Up for a Potential Wave of Chapter 12 Filings
For both new and seasoned practitioners in Chapter 12, topics include attorney application requirements, seasonal timing issues, use of cash collateral and incurring debt, amortization/interest terms, notice issues, plan filing & confirmation hearing time limits, and negotiation strategies for debtors and creditors.
– Sara E. Diaz & Michael J. Gieseke
Veterans and Consumer Bankruptcy
This session will examine areas in which debt collection laws and the bankruptcy system treat servicemembers and veterans (especially disabled veterans) differently from civilians. The panel will also discuss the practical impact of recent legislative changes such as the Honoring American Veterans in Extreme Need (HAVEN) Act and the National Guard and Reservists Debt Relief Extension Act, and the work of the ABI Committee for Veterans’ Affairs.
– Ted Gavin, Kristina M. Stanger & George E. Warner, Jr.
The Lawyer’s Guide to Accounting Principles and Financial Statements, Part I
Foundations of Modern Accounting; Basic Equation of Finance; Financial Statements: Income Statement, Balance Sheet, Cash Flow Statement.
– Joseph Novello
11:15 – 11:30 a.m.
11:30 a.m. – 12:30 p.m.
Rembrandt, the Bankrupt Printmaker: His Life and Bankruptcy Proceeding of 1656
This presentation combines art and insolvency law to reveal fascinating insights into Dutch artist Rembrandt’s life (1606-69): his Amsterdam workshop, loves, real estate and art investing, fraudulent transfers and secret corporations, along with asset auctions and jurisdictional issues not seen since Stern v. Marshall.
– Judge Scott C. Clarkson
12:30 – 1:30 p.m.
LUNCH (on your own)
1:30 – 2:30 p.m.
Bankruptcy from the Banks’ Perspectives
What happens from a bank’s perspective when there is a default or a commercial bankruptcy? What is important to the bank? What is distressing to the bank? A look behind the curtain with perspectives from small to large banks that only those on the inside can provide.
– Steven J. Heim, Lorrie L. Litzinger & Alison K. Tregilgas
– Connie A. Lahn, moderator
Hot Topics in Chapter 7
An expert panel tackles the latest issues and trends in Chapter 7 bankruptcy practice, including: Exempting common household items using Minn. Stat. sec. 550.37 s. 4(a) and 4(b); In re Lerbakken, exempting IRAs awarded in divorce proceedings; Marital liens and other issues arising from divorce decrees; Judicial estoppel and omitted causes of action; Defending lift stay motions; Exempting injury cases, employment lawsuit settlements, and medical malpractice awards using sections 522(d)(10) and (11). Getting the trustee to conclude the 341 meeting, and Local Rule 4004-3; and Trustee involvement in frozen financial accounts.
– Craig W. Andresen, Mary Jo Jensen-Carter & Patti J. Sullivan
The Lawyer’s Guide to Accounting Principles and Financial Statements, Part II
Private Company Accounting and Auditing; How to Spot Signs of Financial Manipulation.
– Joseph Novello
2:30 – 2:45 p.m.
2:45 – 3:45 p.m.
Legal Malpractice Actions and Ethics Issues Related to Bankruptcy Matters
1.0 ethics credit applied for
Our panel of experienced attorneys will discuss potential malpractice claims and ethical problems in bankruptcy cases, with an emphasis on examples from real cases. This session will also discuss critical issues presented when malpractice claims are pursued in bankruptcy proceedings including standing and privilege, damage considerations for malpractice claimants and defenses raised to malpractice claims in bankruptcy. The panel will also consider and discuss potential pitfalls for attorneys such as disqualification of counsel, disallowance of fees and sanctions.
– Kay Nord Hunt, Barry A. O’Neil & Todd C. Scott
IN-PERSON LIVE PRESENTATION
Thursday & Friday, October 3 & 4, 2019
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
There are no in-person replays.
Go to the Visit Minneapolis website to search for hotels and book your room. The closest hotels to the Minnesota CLE Conference Center are the Minneapolis Marriott City Center and the Radisson Blu Minneapolis.
$495 MSBA members / $495 paralegals / $595 standard rate
Other discounts that may apply:
Need-based scholarships are available for in-person and online seminars. Most scholarships awarded are 50% off the seminar price. For further information or to obtain a scholarship application, contact us at 800-759-8840 or firstname.lastname@example.org.
Minnesota CLE is applying to the Minnesota State Board of CLE for 11.0 total CLE credits. This total includes 1.0 ethics credit for the closing plenary on Day 2, and 1.0 ethics credit for breakout session #102. The maximum number of total credits attendees may claim for this course is 11.0 credits.
Registrants will receive electronic access to the seminar written materials through the Minnesota CLE website a few days prior to the Institute. Log in to your account and go to My Account > Seminar Registrations to view the materials. At the seminar, attendees will receive hard copy materials for the plenary sessions and breakout sessions attended.
Can't attend? The Institute materials are available in hard copy for $125 (plus tax and handling) or electronically for $125 (plus tax). Either may be purchased online at www.minncle.org after the Institute.