Monday, October 23, 2023 - Tuesday, October 24, 2023
9:00 AM - 4:30 PM
This year's Institute includes 18 all-new presentations on Business, Consumer, and Chapter Sub-V topics – plus the Annual Case Law and Statutory Update, the State of the Court, and many more! Choose from 12 timely breakout sessions to design the curriculum that best fits your practice needs and goals.
12 Special Guest Speakers Join a Terrific Local Faculty:
Plus Minnesota Bankruptcy Judges:
8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
9:00 – 9:05 a.m.
WELCOME & INTRODUCTION
9:05 – 10:35 a.m.
2023 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.
– Judge Kesha L. Tanabe, Gregory A. Burrell, Karl J. Johnson & David M. Tanabe
10:35 – 10:45 a.m.
10:45 – 11:45 a.m.
2023 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.
State of the Court
– Chief Judge Katherine A. Constantine
1:00 – 2:00 p.m.
BREAKOUT SESSION A
Crypto and Bankruptcy: Where We Are and Where We Are Going
In this presentation, our panel will talk about the current state of crypto and digital asset bankruptcies. The panelists will revisit our hot topics from last year, cover major decisions made, issues still to be decided, and how the law is adapting with this ever-changing class of cases.
– Erin Bryan, Paul R. Hage & Evan T. Miller
Interplay of Trending Topics in Chapter 7 and 13: A Guide to What’s Happening and Where to Best Address It!
Stay current on trending topics for Chapter 7 and 13 cases, including student loan discharge, reporting income changes post-confirmation, adequate itemization of interest, fees, and expenses on a proof of claim, procedures for dismissal and conversion, trustee remedies for debtor settlement breach, and more.
– Heather M. Forrest, Mary F. Seiling & Gregory J. Wald
Hot Topics in Sub-Chapter V
A panel of distinguished Sub-Chapter V trustees including a prominent judge and local debtor’s counsel will discuss evolving issues in the still nascent field of Sub-Chapter V bankruptcy cases, including, but not limited to, eligibility, exceptions to discharge, and requirements for post-confirmation modification of a plan.
– Judge Anita L. Shodeen, Alexander J. Beeby & Karl J. Johnson
2:00 – 2:15 p.m.
2:15 – 3:15 p.m.
BREAKOUT SESSION B
The In Pari Delicto Defense: The Application and Evolution of the Doctrine in Ponzi Schemes and Insolvency
This panel will discuss the in pari delicto defense to claims by trustees, receivers, assignees, directors and officers, debtors, debtors’ agents, and others. The presentation will include the context of the defense, ways to defeat the defense, and distinctions between in pari delicto and other defenses.
– Adam C. Ballinger, Ronald Peterson & David M. Tanabe
Shhhhhh... It Happens. Discussing Uncomfortable Mistakes that Jeopardize Debtors and Their Attorneys
Come and listen to the panel discuss common slip ups in the bankruptcy race, from event preparation to the starting gun and to the final rally all along the rest of the course to the finish line!
– Jeffrey M. Bruzek, Bradley J. Halberstadt, Randall L. Seaver & Timothy C. Theisen
What You Should Know about the Role of a Sub-Chapter V Trustee
This session will examine the role, responsibilities, and perspectives of a Sub-Chapter V trustee. These insights will help you advise your clients who are involved in Sub-Chapter V cases.
– Robert C. Gainer
3:15 – 3:30 p.m.
3:30 – 4:30 p.m.
You Did What? Local Rule and Form Changes
On July 17, 2023, several changes to the local rules and forms in the 1000 and 9000 series went into effect. This session will highlight some of those changes, such as the abrogation of the Signature Declaration Form and the allowance of electronic signatures. This session will also discuss corresponding changes in ECF, identification and service of contested matters, and preview more changes to come.
– Chief Judge Constantine, Nicole L. Anderson, Katherine A. Nixon & Tricia M. Pepin
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.
9:00 – 10:00 a.m.
From the Experts Corner – Status of Commercial Bankruptcy
In this presentation, attendees will hear from esteemed practitioners on current trends in commercial bankruptcies. Our panelists will lead a discussion about emerging issues that span from economic factors impacting cases to strategies for creditor recoveries.
– Christopher J. (CJ) Harayda, Ryan T. Murphy & Kristina M. Stanger
10:00 – 10:15 a.m.
10:15 – 11:15 a.m.
BREAKOUT SESSION C
Agricultural Insolvency: Ag Lien, Perfection and Priority Issues
This session will briefly describe the landscape of production agriculture and agricultural lending. The panel will then analyze and discuss the specific issues pertaining to agricultural liens, lien perfection and lien priority issues. Session attendees will be prepared to address such issues when the next cycle of agricultural insolvency issues inevitably arises.
– Brent King, James (Jim) A. Lodoen & Jeff Peterson
The State of State Exemptions – Why Deficiencies Exist and What Corrective Efforts Are Being Taken
The last significant updating to our exemptions was in 2007 when the homestead exemption was overhauled to define a homestead in a more concise manner and adjust for increasing home values. The rest of the exemptions? Well, we are still living in a world where phonographs are considered a household item but a cell phone is not. The world has advanced but debtors are not allowed to protect a snowblower. We will examine the pitfalls of our current MN exemptions and what is being done to fix the issues.
– Jeffrey J. Bursell & Ronald J. Lundquist
The Role of Mediation in Bankruptcy
A general discussion of when and how to use mediation in bankruptcy cases. This session will also give practitioners advice on how to increase the effectiveness of mediation through preparation of materials and clients.
– Chief Judge Shon Hastings, Judge Anita L. Shodeen & Kiley Fleming
11:15 – 11:30 a.m.
11:30 a.m. – 12:30 p.m.
BREAKOUT SESSION D
Considerations for Selling Assets (or Winding Up a Farming Operation) Under Chapter 12
This session will focus on the requirements and best practices for sale of assets both pre- and post-confirmation under Chapter 12. The presenters will also discuss tax benefits for sales of property used in a Chapter 12 debtor’s farming operation.
– Sara E. Diaz, Michael S. Dove & Michael J. Gieseke
Dischargeability of Student Loans in Bankruptcy, Past and Present
In this presentation, our panel of experts will address the dischargeability of student loans in bankruptcy cases in the District of Minnesota, discussing both the past practice and present practice. The panelists will highlight the current legal authority, the current agency guidance from the U.S. Department of Justice and U.S. Department of Education, and other student loan debt relief developments that may or may not impact the dischargeability analysis and the hot button issue of student loans.
– Jeffrey H. Butwinick, Adine S. Momoh & Andrew C. Walker
Learn about the Legal Services State Support Resources Available for Pro Bono Work
Are you a private attorney looking to engage in brief service pro bono work? Are you unsure how to assist low-income clients in areas of law you don’t practice? Did you know that Minnesota has a website where attorneys can provide free legal advice online? In this training, we will learn how to use State Support resources such as Minnesota Legal Advice Online and LawHelpMN to engage in brief service pro bono work. We will also highlight some pro bono opportunities for various Legal Services organizations in Minnesota.
– Kelsey Mize
12:30 – 1:00 p.m.
LUNCH BREAK (on your own)
1:00 – 2:00 p.m.
Elimination of Bias: Understanding the Needs and Working with Disabled Clients and Disabled Attorneys
1.0 elimination of bias credit applied for
Disabled clients and disabled attorneys face unique challenges that often are overlooked by those who do not face disabilities or even the same disabilities. This elimination of bias session will look at a brief history of the ADA, including its amendments, effective communication rules, and what lawyers need to know about when working with disabled clients, and how lawyers can work with other attorneys with disabilities. Learn from the perspective of an attorney with a disability (deaf proud and user of voice dictation technology and whose entire law and consulting practices focuses on understanding the rights of persons with disabilities), so as to better serve your clients and work with your colleagues
– William D. Goren
Monday & Tuesday, October 2-3, 2023
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Monday & Tuesday, October 23-24, 2023
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:
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 email@example.com.
Minnesota CLE is applying to the Minnesota State Board of CLE for 10.0 CLE credits, including 1.0 elimination of bias credit. The maximum number of total credits attendees may claim for this program is 10.0 credits. Minnesota CLE is an accredited sponsor in Wisconsin and North Dakota.