36th Annual Midwestern Bankruptcy Institute

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36th Annual Midwestern Bankruptcy Institute

September 29-30, 2016 Westin Kansas City at Crown Center, Kansas City, MO

ABI and UMKC School of Law are pleased to present the 36th Annual Midwestern Bankruptcy Institute at the Westin Kansas City Crown Center! This year's program features business and consumer tracks at affordable pricing, so you can get the exact training that you need. With 17 bankruptcy, district and circuit judges rounding out sessions on Rash, 1111(b) elections, disclosure issues, individual chapter 11s and WARN Act claims, among other timely topics, you won't want to miss the CLE/CPE event of the Midwest!

There is also a special track of programs aimed at consumer practitioners, at a reduced rate.

Register Here for the Consumer Track.

Sessions

Event Information 240545

Thursday, September 29

12:00-5:30 p.m.

ABI Registration Desk Open

1:00-1:15 p.m.

Welcome

1:15-2:15 p.m.

Plenary Session: How to Argue Bankruptcy Issues to Courts of General Jurisdiction

This session will provide guidance on how to frame your argument, avoid jargon, provide the appropriate statutory framework and strengthen your case when presenting arguments before nonbankruptcy judges.

Sherri L. Wattenbarger, Moderator

Office of the U.S. Trustee, Region 13; Kansas City

Hon. Karen Arnold-Burger

Kansas Court of Appeals; Topeka, Kan.

Hon. Duane Benton

U.S. Court of Appeals for the Eighth Circuit; Kansas City

Hon. Kevin P. Moriarty

Johnson County, Kansas District Court; Olathe, Kan.

Hon. Brian C. Wimes

U.S. District Court (W.D. Mo.); Kansas City

2:15-2:30 p.m.

Refreshment Break

Sponsored by RubinBrown LLP

2:30-3:45 p.m.

Concurrent Breakouts (2)

 

Consumer Track: “Can You Make a Rash Decision?”: Valuation Issues in Consumer Cases

In an informative and fun game show format, this panel will present a whole host of valuation issues that arise in bankruptcy.

Wesley F. Smith, Moderator

Stevens & Brand LLP; Lawrence, Kan.

Andrew J. Nazar

Polsinelli; Kansas City

Hon. Cynthia A. Norton

U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Hon. Dale L. Somers

U.S. Bankruptcy Court (D. Kan.); Wichita

 

Business Track: Hot and Emerging Topics in § 363 Sales: Of Structured Dismissals and Creeping Liabilities

Section 363 sales have become a widely accepted, if not preferred, method of monetizing the assets of a debtor in chapter 11 bankruptcy. This expert panel will discuss the hot and emerging topics related to § 363 sales.

Lisa G. Beckerman, Moderator

Akin Gump Strauss Hauer & Feld LLP; New York

Richard Peil

GlassRatner Advisory & Capital Group LLC; Phoenix

Thomas J. Salerno

Stinson Leonard Street LLP; Phoenix

Hon. Anita L. Shodeen

U.S. Bankruptcy Court (S.D. Iowa); Des Moines

3:45-4:00 p.m.

Refreshment Break

4:00-5:30 p.m.

Concurrent Breakouts (2)

 

Consumer Track: Silence Is Not Golden: Disclosure Issues in Consumer Cases

This ethics session will discuss the various disclosure obligations that exist in consumer cases.

Bruce E. Strauss, Moderator

Merrick, Baker & Strauss, P.C.; Kansas City

Daniel J. Casamatta

Acting U.S. Trustee, Region 13; Kansas City

David A. Eron

Eron Law; Wichita, Kan.

Hon. Lee M. Jackwig

U.S. Bankruptcy Court (S.D. Iowa); Des Moines

Sara Rittman

Rittman Law, LLC; Jefferson City, Mo.

 

Business Track: Representing the Corporate Client in Bankruptcy

This session will discuss the difficulties in representing a corporate client, including issues that arise when there is a conflict between what is in the best interest of the company versus the personal interests of the officers and directors, especially in an insolvency situation.

Scott A. Eisenberg, Moderator

Amherst Partners; Birmingham, Mich.

Thomas M. Horan

Shaw Fishman Glantz & Towbin, LLC

Laura Uberti Hughes

Bryan Cave LLP; St. Louis

Nancy A. Peterman

Greenberg Traurig, LLP; Chicago

5:30-7:30 p.m.

Opening Reception

Sponsored by Advisory Board Member Firms

Friday, September 30

7:30-8:00 a.m.

Continental Breakfast

Sponsored by MorrisAnderson

8:00-8:15 a.m.

Welcome and Second-Day Announcements

8:15-9:45 a.m.

Plenary Session

Great Debates

Brian T. Fenimore, Moderator

Lathrop & Gage LLP; Kansas City

Consumer Debate
Resolved: An out-of-statute proof of claim violates the FDCPA.

Pro: Thad O. Bartholow

Kellett & Bartholow PLLC; Dallas

Con: Alane A. Becket

Becket & Lee, LLP; Malvern, Pa.

Business Debate
Resolved: Assets can be sold free and clear of liens in state court receiverships.

Pro: Claire Ann Resop

Steinhilber, Swanson, Resop & Sipsma; Madison, Wis.

Con: Hon. Arthur B. Federman

U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Judges Debate
Resolved: Third-party releases should not be allowed in chapter 11 plans.

Pro: Hon. Dennis R. Dow

U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Con: Hon. Thomas L. Saladino

U.S. Bankruptcy Court (D. Neb.); Omaha

9:45-10:00 a.m.

Refreshment Break

Sponsored by Stinson Leonard Street LLP

10:00-11:15 a.m.

Plenary Session

Bankruptcy Law Round-Up

This session will feature a “speed-dating-style” roundtable discussion of current bankruptcy and practical skills issues, with regional judges, trustees and academics changing tables every 15-20 minutes.

Coordinating Moderators:

Lisa A. Epps

Spencer Fane LLP; Kansas City

Jill D. Olsen

The Olsen Law Firm, LLC; Kansas City

Table Moderators:

Hon. Robert D. Berger

U.S. Bankruptcy Court (D. Kan.); Kansas City

Prof. Andrea J. Boyack

Washburn University School of Law; Topeka, Kan.

Daniel J. Casamatta

Acting U.S. Trustee, Region 13; Kansas City

Hon. Thad J. Collins

U.S. Bankruptcy Court (N.D. Iowa); Cedar Rapids

Hon. Dennis R. Dow

U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Hon. Arthur B. Federman

U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Richard V. Fink

Chapter 13 Trustee (W.D. Mo.); Kansas City

Will H. Griffin

Chapter 13 Trustee (D. Kan.); Fairview

Hon. Lee M. Jackwig

U.S. Bankruptcy Court (S.D. Iowa); Des Moines

Hon. Janice Miller Karlin

U.S. Bankruptcy Court (D. Kan.); Topeka

Kathleen A. Laughlin

Chapter 13 Trustee (D. Neb.); Omaha

Hon. Cynthia A. Norton

U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Hon. Robert E. Nugent

U.S. Bankruptcy Court (D. Kan.); Wichita

Hon. Charles “Sketch” Rendlen

U.S. Bankruptcy Court (E.D. Mo.); St. Louis

Hon. Thomas L. Saladino

U.S. Bankruptcy Court (D. Neb.); Omaha

Hon. Anita L. Shodeen

U.S. Bankruptcy Court (S.D. Iowa); Des Moines

Hon. Dale L. Somers

U.S. Bankruptcy Court (D. Kan.); Topeka

Hon. Kathy Surratt-States

U.S. Bankruptcy Court (E.D. Mo.); St. Louis

11:15 a.m.-12:15 p.m.

Concurrent Breakouts (2)

 

Consumer Track: A Comparison of Individual Chapter 11s to Chapter 13: There Is a Decided Difference

While they share many similarities, individual chapter 11 cases are markedly different from chapter 13 cases. This session will highlight the differences between these two types of cases and the potential pitfalls that exist for the uninformed practitioner.

Mark G. Stingley, Moderator

Bryan Cave LLP; Kansas City

Rudy J. Cerone

McGlinchey Stafford PLLC; New Orleans

Lee M. Kutner

KutnerBrinen, P.C.; Denver

Patricia A. Redmond

Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.; Miami

James Patrick Shea

Armstrong Teasdale LLP; Las Vegas

 

Business Track: The § 1111(b) Election: What It Is and Why You Should Care

A seldom-used, and even lesser-understood, provision of the Bankruptcy Code, the 1111(b) election can provide substantial leverage to a secured creditor in a bankruptcy case. This session will detail what the election is and why — as either a creditors’ or debtors’ attorney — you should understand the ramifications it can have on your case.

John J. Cruciani

Husch Blackwell LLP; Kansas City

Franklind D. Lea

Tactical Financial Consulting, LLC; Alpharetta, Ga.

12:15-1:45 p.m.

Awards Ceremony and Announcements
Networking Lunch

1:45-2:45 p.m.

Concurrent Breakouts (2)

 

Consumer Track: Elder Law and Bankruptcy

As the elderly population continues to grow, the intersection between bankruptcy and elder law will continue to grow with it. This session will focus on issues unique to elder law and the various considerations every consumer practitioner should know when these two very unique areas of law intersect.

P. Glen Smith, Moderator

Smith Elder & Business Law LLC; Kansas City

Stacey L. Janssen

Dysart Taylor Cotter McMonigle & Montemore, P.C.; Kansas City

John C. Reed

Pletz and Reed, P.C.; Columbia, Mo.

Molly M. Wood

Stevens & Brand LLP; Lawrence, Kan.

 

Business Track: WARN Act Employee Claims and Their Impact on Chapter 11 Cases

The Worker Adjustment and Retraining Notification (WARN) Act can have a substantial impact on the administration and reorganization of a chapter 11 debtor. This panel of chapter 11 and WARN Act experts will discuss the impact that the WARN Act has in a chapter 11 bankruptcy case.

Daniel F. Dooley, Moderator

MorrisAnderson; Chicago

Michael B. Bernstein

Arnold & Porter LLP; Washington, D.C.

Domenic E. Pacitti

Klehr Harrison Harvey Branzburg LLP; Wilmington, Del.

René S. Roupinian

Outten & Golden LLP; New York

2:45-3:00 p.m.

Refreshment Break

3:00-4:30 p.m.

Plenary Session

Bankruptcy Ethics Jeopardy

Set in the game show format of “Jeopardy,” this interactive ethics session will test the knowledge of the audience, provide valuable ethics information, and encourage networking among the participants.

Prof. Barbara Glesner Fines

UMKC School of Law; Kansas City

4:30 p.m.

Adjourn

 

Chairs

Hon. Dennis R. Dow, Judicial Chair

U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Rachel L. Foley, Co-Chair

Foley Law, PC; Independence, Mo.

Eric L. Johnson, Co-Chair

Spencer Fane LLP; Kansas City

Advisory Board

Bryan C. Bacon

Evans & Dixon, L.L.C.; Columbia, Mo.

Mark V. Bossi

Thompson Coburn LLP; St. Louis

John J. Cruciani

Husch Blackwell LLP; Kansas City

Jeffrey A. Deines

Lentz Clark Deines PA; Overland Park, Kan.

Daniel F. Dooley

MorrisAnderson; Chicago

Susan K. Ehlers

Armstrong Teasdale LLP; St. Louis

Lisa A. Epps

Spencer Fane LLP; Kansas City

Brian T. Fenimore

Lathrop & Gage LLP; Kansas City

Laurence M. Frazen

Bryan Cave LLP; Kansas City

Jeana L. Goosmann

Goosmann Law Firm, PLC; Sioux City, Iowa

Benjamin F. Mann

Husch Blackwell LLP; Kansas City

Mark Moedritzer

Shook, Hardy & Bacon L.L.P.; Kansas City

Andrew W. Muller

Stinson Leonard Street LLP; Kansas City

Andrew J. Nazar

Polsinelli PC; Kansas City

Edward J. Nazar

Hinkle Law Firm LLC; Wichita, Kan.

Hon. Cynthia A. Norton

U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Gary A. Norton

Whitfield & Eddy, P.L.C.; Des Moines, Iowa

Jill D. Olsen

The Olsen Law Firm, LLC; Kansas City

Paul D. Sinclair

Polsinelli PC; Kansas City

Wesley F. Smith

Stevens & Brand LLP; Lawrence, Kan.

Mark G. Stingley

Bryan Cave LLP; Kansas City

Bruce E. Strauss

Merrick, Baker & Strauss, P.C.; Kansas City

Sherri L. Wattenbarger

Office of the U.S. Trustee; Kansas City

Victor F. Weber

Merrick, Baker & Strauss, P.C.; Kansas City

Ronald S. Weiss

Berman, DeLeve, Kuchan & Chapman, LLC; Kansas City

T. Randall Wright

Baird Holm LLP; Omaha, Neb.

 

Conference Information

Location/Hotel Accommodations

The Institute will be held at the Westin Kansas City at Crown Center, located at One East Pershing Road, Kansas City, MO 64108. ABI has arranged a special conference rate of $151/single or double per night. Make your reservations by August 29, 2016, to secure this special rate. ABI cannot guarantee anyone a room after the August 29 cut-off date or after the specially rated ABI block has been filled. You will receive a special room reservation link after you have registered with ABI. The hotel will sell out. Please make your reservations accordingly.

Ground/Air Transportation

Air: The Westin Kansas City is approximately 20 miles from Kansas City International Airport (MCI).

Ground: Courtesy phones for taxi service are located both inside and outside the terminal at each baggage claim area and at other strategic locations outside the terminal exits. Make sure that you give the dispatcher your exact location. If calling from a personal phone, call (816) 243-2345.

Local Information

For information about Kansas City restaurants, shopping, attractions, etc., see the Visit Kansas City website at www.visitkc.com or TripAdvisor at www.tripadvisor.com.

Continuing Education Credit

This program is approved for 12 hours of CLE credit in Missouri, including 3.6 hours of ethics and professionalism. 12 hours of general CLE credit, including 3.5 hours of ethics, are pending in Kansas and other 50-minute-hour states, and 10 hours of general CLE credit, including 3 hours of ethics, are pending in states calculating CLE on a 60-minute hour. Credit hours granted are subject to approval from each state. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 10 hours, of which 3 hours will apply to ethics. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 12 credit hours, of which 3.5 hours of credit can be applied toward the ethics professionalism requirement. 12 hours of CPE credit, including 3.5 hours of ethics, are also available.

 

*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in insolvency matters (pursuant to the “Statement on Standards for CPE Programs” established by AICPA and NASBA). ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN, 37219-2417, or www.nasba.org. For more information regarding administrative policies such as complaint and refund, please contact the American Bankruptcy Institute at (703) 739-0800. ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, ABI may allow the individual to work at the registration area for a few hours during attendee check-in, or assist in conference set-up. ABI also has reduced rates for government employees, professors, law clerks and students. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by September 8, 2016. No refunds will be granted after September 8, but substitutions will be allowed. After September 8, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the canceling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.

 

Premium Sponsors

GlassRatner

MorrisAnderson

RubinBrown LLP

Spencer Fane LLP

Stinson Leonard Street LLP

Patron Sponsors

Armstrong Teasdale LLP

Baird Holm LLP

Berman, DeLeve, Kuchan & Chapman, LLC

Bryan Cave LLP

Evans & Dixon, L.L.C

Foley Law, PC

Goosmann Law Firm, PLC

Hinkle Law Firm LLC

Husch Blackwell LLP

Lathrop & Gage LLP

Lentz Clark Deines PA

Merrick, Baker & Strauss, P.C.

MorrisAnderson

Polsinelli PC

Shook, Hardy & Bacon L.L.P

Stevens & Brand LLP

The Olsen Law Firm, LLC

Thompson Coburn LLP

Whitfield & Eddy, P.L.C.

Supporting Sponsors

Amherst Partners

Special Thanks

We extend our special thanks Thomson Reuters for providing the printed educational materials and Wilmington Trust for the tote bags.

Conference Rates

Registration Rates Early Bird
(postmarked by 7/29/16)
Regular
(7/30/16- 9/2/16)
Late
(after 9/2/16)

Business Track: ABI Member
$355
$410
$455
Business Track: New ABI Member*
$630
$685
$730
Consumer Track: ABI Member
$265
$290
$325
Consumer Track: New ABI Member*
$540
$565
$600

 

* Includes a one-year ABI membership for first-time members — a $295 value! You must be an ABI member to attend. Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership renewal fee (see below).

Exhibitor Rates

Member Exhibitor Registration**
$1,100
New Member Exhibitor Registration***
$1,395
Additional Booth Representative
$500

** Includes one 6’ table and full registration for one booth representative.

*** Includes one 6’ table and full registration for one booth representative AND a one-year ABI membership.