MINNEAPOLIS
Monday, October 7, 2024 - Tuesday, October 8, 2024
9:00 AM - 4:30 PM | Check-In: 8:30 AM
Minnesota CLE Conference Center
600 Nicollet Mall # 370
3rd Floor, City Center
Minneapolis, MN 55402
Stay Up to Date on All Things Bankruptcy in a Fun and Collegial Environment!
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 12 timely breakout sessions to design the curriculum that best fits your practice needs and goals. The Institute features –
7 Special Guest Speakers Join a Terrific Local Faculty:
8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
9:00 – 9:05 a.m.
WELCOME & INTRODUCTION
9:05 – 10:35 a.m.
2024 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.
– Alexander J. Beeby, Gregory A. Burrell, Nauni J. Manty & David M. Tanabe
10:35 – 10:45 a.m.
BREAK
10:45 – 11:45 a.m.
Race and Bankruptcy
1.0 elimination of bias credit applied for
The uniqueness of the Black experience in the United States shows up in the bankruptcy system in three ways. First, Black households file bankruptcy at twice the rate of their incidence in the United States’ population. Second, more Black households file chapter 13 rather than chapter 7 as compared to non-Black households. Third, Black households arrive in bankruptcy court with financial profiles and issues that evidence broader financial and societal problems. A university professor will take us through the research about race and bankruptcy, using data from his forthcoming and co-authored book, Debt’s Grip: Risk and Consumer Bankruptcy. After reviewing the data, the discussion will turn to how everyone from Congress to individual lawyers can make the bankruptcy fairer for everyone who uses it.
– Robert M. Lawless
11:45 a.m. – 1:00 p.m.
LUNCH (provided to attendees)
12:15 – 12:45 p.m.
LUNCH PRESENTATION
State of the Court
– Chief Judge Katherine A. Constantine
1:00 – 2:00 p.m.
BREAKOUT SESSION A
101
Findings from the Final Report of the American Bankruptcy Institute Subchapter V Task Force
The ABI Subchapter V Task Force undertook a year-long, in-depth study into the workings and impact of Subchapter V of Chapter 11. As part of their study, the Task Force studied the statute and case law, analyzed empirical data, and heard directly from the major constitutes impacted by the Subchapter V. Join some of the members of the Task Force who will discuss the report and their findings on how Subchapter V is working and what recommendations they have to improve the law and its impact. Hear key takeaways from the study and best practices and future recommendations important for policymakers, judges and bankruptcy practitioners.
– Robert J. Keach, Elizabeth M. Lally & Alexandra Sickler
102
Hot Topics in Chapter 7 & 13 – Good Things Come in Threes
In this review of current Chapter 7 and Chapter 13 issues your panel trio discuss three tales: 1) Tales from the Chapter 13 Trustee: Working with the Chapter 13 Trustee in administering and confirming a Chapter 13 plan. Watch as we discuss how to be successful in Chapter 13 practice. 2) Tales from the Bankruptcy Crypt: Find out how a debtor (and their attorney) thought they did everything right – only to find out that the trustee's accounting (through the NDC) left them holding the bag. Watch as we shine a light on this dark tale so you don't suffer the same fate. 3) Tales from the Minnesota Property Exemptions Change Drama: What are the changes in Minnesota property exemptions? Watch as we review the changes, and unveil how and why these changes came about.
– Heather M. Forrest, Bradley J. Halberstadt & Ronald J. Lundquist
103
Bankruptcy Mock Trial – Cash Collateral Hearing
Observe a real-life demonstration of an aspect of a bankruptcy trial. We will have attorneys representing a debtor and a lender along with an expert witness. A Bankruptcy Judge will also participate as the presiding judge. Participants will play out a valuation discussion as part of a cash collateral hearing.
– Honorable Robert J. Kressel, James C. Brand, Patrick T. Finn, Jason M. Reed & Michael A. Rosow
2:00 – 2:15 p.m.
BREAK
2:15 – 3:15 p.m.
BREAKOUT SESSION B
201
Emerging Issues and Recent Trends in Subchapter V
This presentation will review recent cases addressing eligibility, confirmation of cramdown plans, and other hot topics and trends within Subchapter V. The panelists will also review and discuss strategies and considerations related to financing in Subchapter V.
– Steven R. Kinsella, Jeffrey D. Klobucar & Cameron A. Lallier
202
Current Mortgage and Escrow Issues in Consumer Cases
This session will highlight the key mortgage and escrow issues for consumer bankruptcy practitioners. Learn about mortgage-related proofs of claim, Rule 3002.1 notices, objections to plan confirmation, and motions for relief from stay. Understand how mortgage servicers and secured-creditor attorneys navigate consumer bankruptcy cases.
– Samuel R. Coleman, Kevin T. Dobie & Orin J. Kipp
203
Oldies but Goodies – Enduring Bankruptcy Cases You Need to Keep in Mind
This session will focus on Bankruptcy Court and appellate cases from the past that yet provide important lessons to Minnesota’s bankruptcy practitioners of today. These cases may have been flying under the radar over the years because they were decided decades ago but they are still good law and provide value on variety of topics.
– Mychal A. Bruggeman, Kenneth C. Edstrom & Brian F. Kidwell
3:15 – 3:30 p.m.
BREAK
3:30 – 4:30 p.m.
2024 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
4:30 – 5:15 p.m.
ANNUAL INSTITUTE RECEPTION
Join your friends and colleagues for tasty refreshments, plus in-person conversation and networking! Plus, Prize Drawings!
8:30 – 9:00 a.m.
CONTINENTAL BREAKFAST
9:00 – 10:00 a.m.
Attorney Mistake and Misconduct in Bankruptcy Court (and Beyond)
1.0 ethics credit applied for
Through an analysis of recent opinions from across the United States, Jeffrey Bruzek and Michael Gieseke will examine the types of conduct that have drawn the ire of bankruptcy court judges and the resulting consequences levied upon both debtor’s and creditor’s counsel.
– Jeffrey M. Bruzek & Michael J. Gieseke
10:00 – 10:15 a.m.
BREAK
10:15 – 11:15 a.m.
BREAKOUT SESSION C
301
Chapter 12 – The Most Powerful Chapter in the Bankruptcy Code
This presentation will outline how Chapter 12 can be used to allow family farmers to “right-size” their farming operations through the sale of under-performing assets thereby allowing the remaining farm to service the remaining debt while minimizing the tax consequences of the “right-sizing” of the operation. Emphasis will be placed on the use of 11 U.S.C § 1232 to de-prioritize taxes, so the de-prioritized taxes are treated as unsecured debts that are discharged when the Chapter 12 discharge is entered.
– Austin J. Peiffer & Joseph A. Peiffer
302
How to Run a Successful Consumer Bankruptcy Firm
Are you a consumer bankruptcy attorney wanting to pick up a tip or two? Are you a judge, trustee, or creditor attorney and want a ride-along to learn what life is like (struggles and all) for us consumer bankruptcy attorneys? Come along and learn from experienced bankruptcy practitioners on how to run a successful consumer bankruptcy law firm. Hear about what works and what doesn’t, strategies to overcome challenges, tips to grow and expand and so much more.
– Jeffrey J. Bursell & Matthew M. Tande
303
Mental Health and Substance Use: The Impact of Chronic Stress and Vicarious Trauma on an Attorney’s Mental State
1.0 mental health/substance use credit applied for
Legal professionals are exposed to experiences that can lead to higher stress and greater consequences than those in many other careers. There is a clearly recognized continuum where unresolved chronic stress and exposure to trauma are predictors for substance use problems and mental illness, particularly depression and anxiety. By understanding this continuum, the impact of exposure to trauma and the facts about addiction and mental illness, lawyers can reduce their risk and, hopefully, get help earlier when there is a mental health, substance use, or related problem. By knowing these risks, we can also support each other. This program will present signs, symptoms, risk factors, and recovery regarding these challenges, as well as well-being tools and Minnesota resources.
– Joan M. Bibelhausen & Jon M. Tynjala
11:15 – 11:30 a.m.
BREAK
11:30 a.m. – 12:30 p.m.
BREAKOUT SESSION D
401
Alternatives to Bankruptcy – Receiverships, ABCs and More!
Learn about current developments and key aspects of receiverships and assignment for the benefit of creditors. Additionally, learn about certain situations where parties may want to consider a non-bankruptcy solution for a distressed or insolvency situation. Plus, hear about recent cases that impact jurisdictional questions facing both bankruptcy and non-bankruptcy insolvency proceedings.
– Phillip J. Ashfield, Steven R. Kinsella, Ian M. Rubenstrunk & William J. Schumacher
402
Using Celebrity Bankruptcies to Market Your Practice
An effective email marketing strategy is a key component of a successful bankruptcy practice. In this session, you will learn about drip campaigns – what they are, how to set one up, and how to tailor and use a drip campaign. Ronald Drescher will discuss how the topic of celebrity bankruptcies can be used in drip campaigns to keep you front and center in your potential client’s minds.
– Ronald J. Drescher
403
Untangling the Knot: When Bankruptcy and Divorce Collide
This session will provide an overview of the key family law issues that bankruptcy attorneys need to know about when working with their bankruptcy clients. Learn about helping clients with budgeting, how to handle asset ownerships, retirement accounts and more.
– Nicole L. Anderson, Barbara J. May, Lauri Ann Schmid & Timothy C. Theisen
12:30 – 1:00 p.m.
LUNCH BREAK (on your own)
1:00 – 2:00 p.m.
The Ethics and Biases of AI and LLMs
1.0 ethics credit applied for
Learn about the ethical issues involved in working with AI and the inherent biases built into ChatGPT and other Large Language Models.
– Eric T. Cooperstein & Sybil L. Dunlop
2:00 – 2:05 p.m.
BREAK
2:05 – 3:05 p.m.
Brush Up on the Local Rules
This session will discuss the recent changes to the 5000, 6000, and 7000 series of the Local Rules, including what attorneys should know to comply with the federal and local rules. The session will also cover the upcoming amendments to the Federal Rules of Bankruptcy Procedure and future local rule changes.
– Nicole L. Anderson, Katherine A. Nixon & Tricia M. Pepin
LIVE IN-PERSON
Monday & Tuesday, October 7-8, 2024
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota
ONLINE REPLAY
Thursday & Friday, November 7-8, 2024
Attend online
Online replay includes all plenary and breakout sessions. A moderator will be available to answer questions by email.
$495 MSBA members / $495 paralegals / $595 standard rate
Other discounts that may apply:
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:
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.