Day 1 – Thursday, October 13, 2022

8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST

9:00 – 9:05 a.m.
WELCOME & ANNOUNCEMENTS

9:05 – 10:35 a.m.
2022 Case Law and Statutory Update
An in-depth review of notable bankruptcy court, Bankruptcy Appellate Panel, court of appeals and U.S. Supreme Court cases from the past year, plus important legislative developments.
– Greg Burrell, Susan Humiston, Karl J. Johnson, Nauni J. Manty & David M. Tanabe

10:35 – 10:45 a.m.
BREAK

10:45 – 11:45 a.m.
2022 Regional Economic Update
Joe Mahon, Regional Outreach Director at the Federal Reserve Bank of Minneapolis, provides an update on recent economic activity and trends in Minnesota and the Midwest.
– Joe Mahon

11:45 a.m. – 1:00 p.m.
LUNCH BREAK (provided)

12:15 – 12:45 p.m.
LUNCH PRESENTATION
The State of the Court
– Chief Judge Katherine A. Constantine

1:00 – 2:00 p.m.
BREAKOUT SESSION A

101
Preference Defenses and a Look at the Trustee’s Due Diligence Requirements
This panel will discuss preference defenses along with a trustee’s obligations through real world scenarios via case studies. Understand the trustee’s defenses, debtor’s obligations, and other issues.
– Erik A. Ahlgren, Jay Reding & Mary F. Sieling
– Jennifer G. Lurken (moderator)

102
Complex Chapter 13 Post-Confirmation Issues
This panel will discuss issues that practitioners may face after confirmation of a plan including issues that are of particular importance to creditors, the trustee and debtor.
– Jeffrey M. Bruzek, Bradley J. Halberstadt & Kristen M. Whelchel

103
Hot Topics in Subchapter V
A panel of distinguished Subchapter V trustees from across the country will discuss recent developments including issues in eligibility, dischargeability, the use of the § 1111(b) election, among other hot topics. The panelists plan to allow time for questions.
– Kim Ross Clayson & Ryan J. Richmond

2:00 – 2:15 p.m.
BREAK

2:15 – 3:15 p.m.
BREAKOUT SESSION B

201
Tax Law Issues Every Bankruptcy Attorney Needs to Know
There are several areas where tax law and bankruptcy law intersect. These areas can have significant risks and liabilities that bankruptcy attorneys should understand. This session will address a number of tax law issues that intersect with bankruptcy law including NOLs, creditor/debtor obligations, AAARs, ERCs, Loss Carry Forward, reporting debt forgiveness, and more.
– Kathleen E. (Splett) Pfutzenreuter & Benjamin A. Wagner

202
Consumer Bankruptcy Chapter 7 Hot Topics: Don’t Burn Your Wings by Flying Too Close!

• Can wages garnished pre-petition still be exempted and recovered?
• Are your client’s funds held in mortgage escrow subject to trustee seizure? 
• Can a passport be invalid because of income tax debt?

Join us for a lively discussion with consumer attorneys and Chapter 7 Trustees as these and other topics are served up on a sizzling platter!

– Craig W. Andresen, Kenneth Edstrom, Nauni J. Manty, Barbara J. May, Patti J. Sullivan & Matthew M. Tande
– Ronald J. Lundquist (moderator)

203
Emerging Issues with Digital Assets   
In this presentation, our panelists will discuss digital assets including online accounts, cryptocurrency and NFTs and the related legal issues that have developed over recent years. Our panelists will discuss topics for a variety of practitioners, including nuts and bolts topics like perfecting a security interest, valuation, liquidation, and UCC Article 12. They will also address recent developments in case law across the country and newsworthy events related to cryptocurrency and insolvency worldwide.
– Samuel M. Andre, Erin Bryan & Whitney A. Mark

3:15 – 3:30 p.m.
BREAK

3:30 – 4:30 p.m.
The Intersection of Bankruptcy and Criminal Law
This panel of experts will discuss how clients can get into criminal trouble while going through bankruptcy. They will discuss previous cases to highlight real-world examples, share insights as to the most likely scenarios where a criminal law interplays with a bankruptcy, and provide tips and strategies for limiting criminal liability for any of your clients going through bankruptcy.
– Matthew R. Burton, Susan Humiston, Lindsey E. Middlecamp & Randall L. Seaver

4:30 – 5:15 p.m.
BANKRUPTCY INSTITUTE RECEPTION
Join your friends and colleagues for tasty refreshments, plus in-person conversation and networking!

Day 2 – Friday, October 14, 2022

8:30 – 9:00 a.m.
CONTINENTAL BREAKFAST

9:00 – 10:00 a.m.
The Government in Bankruptcy (as a Creditor)
A panel of attorneys who represent county, state, and federal agencies in bankruptcy cases will describe the ways their clients are involved in bankruptcy cases and the unique issues that are raised with government claims. They will provide advice about how to help non-government constituents properly address government claims and resolve issues smoothly.
– Melitta Drechsler, Matt Mason, Jennifer S. Pim & Erin M. Secord

10:00 – 10:15 a.m.
BREAK

10:15 – 11:15 a.m.
BREAKOUT SESSION C

301
What to Do with a Company Facing Distress
The first in a two-part presentation, this panel will discuss the options for a company facing distress before a formal proceeding is commenced, including a commercial Chapter 11, a receivership, and an assignment for the benefits of creditors. The presentation will include a discussion of the similarities, differences, and key distinctions among the various options and kind of proceedings to aid in discussion with clients about their options. The panel will provide insights from the perspective of the debtor, the creditor, and the consultant/advisors that may end up as receivers/assignees.
– Patrick T. Finn, Andrew J. Glasnovich & Steven R. Kinsella
– Ian M. Rubenstrunk (moderator)

302
Bifurcation: Step Carefully – The Use of Pre-Petition and Post-Petition Retainer Agreements
Can a lawyer utilize agreements both pre-petition and post-petition as tools to assist debtors to bankruptcy access and secure payment? This panel looks at this issue, as well as third party guarantees in the arena of Chapter 7 consumer debtor representation.
– Chief Judge Charles L. Nail, Jr., Jeffrey J. Bursell & Andrew C. Walker

303
Chapter 7 Practice and Procedure
This panel will cover issues that arise in a Chapter 7 including continuing the automatic stay in repeat filings, defenses to a preference action, post-filing inheritances, personal injury claims and other issues.
– Mary F. Sieling, Matthew M. Tande & Christopher J. Wilcox
– Yvonne Michaud Novak (moderator)

11:15 – 11:30 a.m.
BREAK

11:30 a.m. – 12:30 p.m.
BREAKOUT SESSION D

401
Winding Up a Distressed Case
As a companion piece to our morning presentation, What to Do with a Company Facing Distress, this panel will discuss the process of wrapping up a commercial Chapter 11, a receivership, and an assignment for the benefit of creditors, including a discussion of the similarities, differences, and real-world examples of issues practitioners may encounter. The panelists will provide the perspectives and considerations for debtors, creditors, and receivers/assignees, and discuss a variety of considerations including the claims process, distributions, taxing considerations, late arriving creditors, corporate existence and more.
– Cynthia L. Hegarty, Cameron A. Lallier & Ian M. Rubenstrunk
– Jeffrey D. Klobucar (moderator)

402
Update on Student Loans and Bankruptcy 
This panel will discuss the current state of student loans in Minnesota and around the country, including recent trends in student loan litigation, and strategies for bankruptcy attorneys who represent debtors with student loans.
– Heather L. Marx & Thomas G. Wallrich
– Lauri Ann Schmid (moderator)

403
How to Resolve Common Chapter 13 Post-Confirmation Issues
This panel will explore issues that practitioners may face after confirmation of a plan. This panel will focus more on issues of particular importance to debtors and the trustee.
– Nicole L. Anderson, Sara E. Diaz & Michael J. Gieseke

12:30 – 1:00 p.m.
LUNCH BREAK (on your own)

1:00 – 1:30 p.m.
Fireside Chat with Judge Tanabe and Judge Sanberg
– Judge Kesha L. Tanabe & Judge Kathleen H. Sanberg, retired
– Judge Cynthia A. Norton (moderator)

1:30 – 2:00 p.m.
Introducing the New Chief U.S. District Judge for the District of Minnesota
– Chief Judge Patrick J. Schiltz
– Chief Judge Katherine A. Constantine (moderator)

2:00 – 2:15 p.m.
BREAK

2:15 – 3:15 p.m.
#Metoo, Bullying, Cultural Competency & Mental Health: Selected Ethical Issues
1.0 ethics credit applied for
This program, presented in a game show format, delves into the difficult ethical issues surrounding aggressive lawyer (and judicial) behavior, particularly as it relates to sexist, racist, or other problematic behavior and the ethical consequences based on actual scenarios and cases.
– Judge Cynthia A. Norton

LIVE IN-PERSON
Thursday & Friday, October 13-14, 2022
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

ONLINE REPLAY
Thursday & Friday, November 10-11, 2022
Attend online
Online replay includes all plenary and breakout sessions. A moderator will be available to answer questions by email. All materials will be provided electronically.

$495 MSBA members / $495 paralegals / $595 standard rate

Other discounts that may apply:

• Season Pass Discount
  
• New Lawyer Discount

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 11.0 CLE credits, including 1.0 ethics credit. The maximum number of total credits attendees may claim for this program is 11.0 credits. Minnesota CLE is an accredited sponsor in Wisconsin and North Dakota.