Day 1 – Monday, October 11

8:15 – 8:45 a.m.
JOIN ONLINE

8:45 – 9:00 a.m.
WELCOME

9:00 – 10:00 a.m.
Elimination of Bias: Profiles of Consumer Bankruptcy Filers
1.0 elimination of bias credit applied for
In this presentation, three prominent bankruptcy law professors share the findings of a recent study based on data collected by the Consumer Bankruptcy Project. They use data from 2013-2019 to describe who is using the bankruptcy system and how they are using it. They critique the consumer bankruptcy system to identify avenues for reforming bankruptcy and to underscore the broader economic, racial, and social issues that consumer bankruptcy filings highlight.
– Pamela Foohey, Robert M. Lawless & Deborah Thorne

10:00 – 10:15 a.m.
BREAK

10:15 – 11:45 a.m.
2021 Case Law and Statutory 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, plus important legislative developments.
– Alexander J. Beeby, Karl J. Johnson, Nauni J. Manty & Lara L. Overton

11:45 a.m. – 1:00 p.m.
LUNCH BREAK

12:15 – 12:45 p.m.
LUNCH PRESENTATION
The State of the Court
– Chief Judge Michael E. Ridgway

1:00 – 2:00 p.m.
BREAKOUT SESSION A

101
Don’t Change the Channel: How Channeling Injunctions Can Help Debtors Avoid Cancellation and Be Renewed for Another Season
The panel will discuss how a channeling injunction works and what type of debtors (and yes, even claimants and insurance companies) can benefit from its use. The panel members will explain how a channeling injunction has been used in the Church Diocese, Boy Scouts of America, and Pharma opioid cases.
– Richard D. Anderson, Edwin H. Caldie, Caren W. Stanley & Troy Tatting

102
Hot Topics in Chapter 7
This year’s hot topics include: Working with multi-generational households; Exemption planning; HSAs; QDROs; Covid relief issues; Child tax credits; Disclosing online financial accounts and cryptocurrency on schedules; And more!
– Ed Boltz & Marie F. Martin

103
Bankruptcy 101: Pre-Filing Considerations
The panel will discuss the most basic principles of bankruptcy and the players involved. 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, eligibility issues in qualifying for a Chapter 7 and Chapter 13, preferences, fraudulent transfers, and the advantages/disadvantages of both Chapter 7 and Chapter 13 bankruptcies.
– John F. Hedtke, Andrew C. Walker & Sarah J. Wencil
– Yvonne Michaud Novak (moderator)

2:00 – 2:15 p.m.
BREAK

2:15 – 3:15 p.m.
BREAKOUT SESSION B

201
Keep Your License and Your Legal Fees: Avoiding Conflicts in Client Representations and Identifying Duties in Closely-Held Business Cases
1.0 ethics credit applied for
Seasoned attorneys will provide a refresher and lively discussion on relevant bankruptcy and conflict rules applicable to company bankruptcy counsel. They will provide practical suggestions on navigating this minefield when principals control the debtor and also wear hats as owner, board member, guarantor, lender, avoidable transfer target and person controlling affiliated entities.
– George H. Singer, James Lodoen & Clinton E. Cutler

202
Domestic Disturbance: Divorce and Abuse Issues in Bankruptcy
Family law is a challenging field under the best of circumstances. This panel will focus on the sensitive issue of abusive relationships and divorce issues in bankruptcy and will offer comment and strategies to help you navigate these complex combinations.
– Alane A. Becket, Amy L. Helsene & Barbara J. May

203
Bankruptcy 101: Chapter 7 Bankruptcy
This panel will discuss all matters relating to the filing of Chapter 7 bankruptcy, including 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, dealing with relief stay motions, handling discharge issues, and representing a client in an adversary action.
– Sam Calvert, Alyssa F. George, Mary Jo Jensen-Carter & Logan M. Moore
– Yvonne Michaud Novak (moderator)

3:15 – 3:30 p.m.
BREAK

3:30 – 4:30 p.m.
BREAKOUT SESSION C

301
How to Navigate Bankruptcy Appeals
In half of the country, including the Eighth Circuit, parties to a bankruptcy appeal can choose whether the appeal will go first to a district court judge in their district, or to a bankruptcy appellate panel consisting of three bankruptcy judges from outside their district. How is this process structured and how did it come about? What forum choices are parties making? Do outcomes, number of second appeals, and costs differ for district court and BAP appeals? Panelists will discuss these questions and good practices for bankruptcy appeals to the district court or BAP and for potential second appeals to the courts of appeal.
– Samuel R. Maizel, Chief Judge Charles L. Nail, Jr., Chief Judge John R. Tunheim, Elizabeth Corrine Wiggins & Ethan Yaro

302
Hot Topics in Chapter 13
This panel will discuss various issues that attorneys should be mindful of when representing parties in Chapter 13 cases. They will cover issues that impact both debtors and creditors, along with some thoughts from a Chapter 13 Trustee’s perspective. Topics that will be covered include representation agreements, changes to the local bankruptcy rules, the proposed (or recently enacted) new Chapter 13 Plan form, post-petition windfalls, automatic stay issues in light of Chicago v. Fulton, and an update on Covid related legislation and issues, including the CARES Act, and what every Chapter 13 attorney needs to know about the Bankruptcy Relief Extension Act of 2021.
– Nicole L. Anderson, Orin J. Kipp & Lynn J.D. Wartchow
– Heather M. Forrest (moderator)

303
Bankruptcy 101: Chapter 13 Pre- and Post-Confirmation Issues and Concerns
The panel will discuss drafting a Chapter 13 plan, getting your attorney fees paid, 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, student loans, negotiating with secured creditors, bad faith conversions, divorce, death, increases/decreases in income, inheritance, and tax refunds.
– Jeffrey M. Bruzek, Sara E. Diaz & Bradley J. Halberstadt
– Yvonne Michaud Novak (moderator)

4:30 – 5:00 p.m.
BANKRUPTCY SECTION VIRTUAL RECEPTION
Join your friends and colleagues online for conversation and networking.

Day 2 – Tuesday, October 12

8:30 – 9:00 a.m.
JOIN ONLINE

9:00 – 10:00 a.m.
Insights on New and Proposed Bankruptcy Legislation
The panel will discuss the recent SBRA legislation, the continuation of the higher debt limit and the prospects for making the higher debt limit permanent (or raising it). The panel will also discuss pending legislation that would change the venue statute as it would affect Chapter 11 cases. Also discussed will be the recent Heroes Act, the so-called “Sackler Amendment” (on third-party releases), a proposed Chapter 16 (relating to restructuring funded debt), Senator Warren’s proposal for major consumer law change, the ABI studies on reforming Chapter 11 and consumer law and other topics.
– James L. Baillie, Robert J. Keach & Michael A. Rosow

10:00 – 10:15 a.m.
BREAK

10:15 – 11:15 a.m.
BREAKOUT SESSION D

401
Insights to Chapter 12 Cases: Creative Thoughts and Discussions of Practical Realities When Navigating Chapter 12 Cases in an Uncertain Economy
A panel of attorneys experienced with Chapter 12 will discuss unique issues in Chapter 12 and practical strategies for getting through a Chapter 12 case.
– Benjamin J. Court, Karl J. Johnson & Brittany S. Ogden

402
Nondischargeability: Fraud, Intentional Misrepresentation, and Willful and Malicious Injury Debts
The speakers will discuss situations in which certain debts might be excepted from discharge, under 11 U.S.C. 523(a)(2), (4), or (6), through an adversary proceeding. They will also discuss creditor and debtor considerations as well as recent cases and developments, including the Eighth Circuit’s Luebbert decision. The speakers will also discuss pro bono opportunities in these proceedings.
– Kenneth Edstrom & Brian F. Kidwell

403
Getting Started: Subchapter V Purpose, Eligibility and First Day Motions
A panel of experienced practitioners will discuss: Subchapter V’s purpose and impact to date; Who is eligible to file and should consider filing a SubV case; and The typical “first day” motions filed in connection with SubV cases and related practice pointers.
– Ryan T. Murphy, Natasha Songonuga & Kesha L. Tanabe

11:15 – 11:30 a.m.
BREAK

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

501
Representing Small (or Not So Small) Creditors in Large Cases
Your client just emailed that its mega-company customer/tenant/lessor/vendor filed bankruptcy in Delaware or New York or Texas. How do you effectively navigate the unique procedural and practical obstacles facing a smaller player in a large Chapter 11? 
– Connie A. Lahn, John R. McDonald & Steven W. Meyer

502
Digital Assets in Bankruptcy: Cryptocurrencies, NFTs, Smart Contracts and Virtual Assets 
Matthew Tande and Daniel Tysver will discuss what digital assets are, how they are owned, how they can be discovered, how they are valued, and how bankruptcy courts have applied bankruptcy law to these new and different assets.
– Matthew M. Tande & Daniel A. Tysver

503
What Is (and Isn’t) Projected Disposable Income in a Subchapter V
Disposable income and the liquidation analysis are two of the most important exhibits in negotiating a Subchapter V plan. What is and isn’t disposable income? What are the best ways for vetting a Debtor’s projected disposable income? Does the liquidation analysis reflect a Chapter 7 scenario? How to detect potential avoidance actions missing from the liquidation analysis? You will learn how to: Identify whether the projected disposable income is accurate and appropriate; Determine whether a Subchapter V plan meets the best interest of creditors test; and Identify the telltale signs that the liquidation analysis does or does not reflect a true Chapter 7 scenario.
– Peter J. Barrett, Shelly A. DeRousse, Stephen M. Packman & Jolene Wee

12:30 – 1:00 p.m.
LUNCH BREAK

1:00 – 2:00 p.m.
BREAKOUT SESSION F

601
Effective and Ethical Mediation Strategies – Is It OK to Lie?
1.0 ethics credit applied for
Judge Colton will discuss practical strategies and negotiation techniques to prepare and present your case to the mediator and mediation parties. She will also cover sometimes overlooked ethical considerations and what it means to participate in a mediation in good faith.
– Judge Roberta A. Colton

602
Ethics: How Consumer Bankruptcy Attorneys Can Avoid Ethics Complaints
1.0 ethics credit applied for
Bankruptcy practice presents many challenges to those who represent consumer debtors. From tips on client communication to advice regarding pre-bankruptcy planning, the Director of the Office of Lawyers Professional Responsibility and an experienced consumer bankruptcy attorney will share practical advice to help you protect your clients’ rights, your fees and your reputation. 
– Susan Humiston & John D. Lamey III

603
Continuing the Voyage through Subchapter V
The speakers will examine a wide array of topics arising in Subchapter V cases including debtor’s counsel’s participation in the initial debtor interview and the role and influence of the Subchapter V trustee. A portion of the presentation will also focus on plan confirmation issues such as changes to the absolute priority rule, applicable deadlines and cramdown procedures.
– Dennis D. O’Brien & Steven R. Kinsella

2:00 – 2:15 p.m.
BREAK

2:15 – 3:15 p.m.
Meet the New Clerks!
This is a chance to meet and ask questions of new Clerk of Court Tricia Pepin and Chief Deputy Clerk Ann Marie O’Neill. Moderated by Judge Katherine Constantine, the new leadership team will answer your questions and discuss the future of the bankruptcy court clerk’s office.
– Judge Katherine A. Constantine, Chief Deputy Clerk Anne Marie O’Neill & Clerk of Court Tricia Pepin

LIVE WEBCAST
Monday & Tuesday, October 11 & 12, 2021
Attend online

REPLAYS
There are no replays.

$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 elimination of bias credit for the 9:00 a.m. plenary session on Day 1, and 1.0 ethics credit each for sessions #201, #601 & #602. The maximum number of total credits attendees may claim for this program is 11.0 credits.