Thursday (4.8 hours includes 1.8 ethics), October 15
12:00-5:30 p.m.
ABI Registration Desk Open
12:45 p.m.
Welcome
1:00-2:15 p.m.
Concurrent Breakouts (3)
Consumer Track: Square Pegs in Round Holes- How Partnership and LLC Interests are Treated in Bankruptcy
The unique nature of partnerships and limited liability companies causes great uncertainty when a debtor owns a part of them. The bankruptcy code has almost nothing explicitly to say about these entities, leaving practitioners and courts to work out the details. Our panel will cover the fundamental nature of these entities, how that nature affects what a trustee or debtor can do with them, and problems that arise for the entity when a part owner files bankruptcy.
T. Randall Wright, Moderator
Baird Holm LLP; Omaha, Neb.
Hon. Robert D. Berger
U.S. Bankruptcy Court (D. Kan.); Kansas City
Phillip L. Kunkel
Gray Plant Mooty; St. Cloud, Minn.
Abbe M. Stensland
Simmons Perrine Moyer Bergman PLC; Cedar Rapids, Iowa
Business Track: Intellectual Property in Bankruptcy
Intellectual Property can constitute one of the most valuable and significant assets that a company may own. This panel will discuss what happens when two very unique areas of law collide and what every insolvency practitioner needs know when dealing with intellectual property in distressed circumstances.
John G. Loughnane, Moderator
Nutter McClennen & Fish LLP; Boston
Robert F. Reilly
Willamette Management Associates; Chicago
Patricia S. Rogowski
Panitch Schwarze Belisario & Nadel LLP; Wilmington, Del.
Rebecca S. Stroder
Mandiant, a division of FireEye, Inc., Kansas City
Professional Development Track: Negotiating Successful Workout Agreements: The Human Element
This panel will deal will the human side of workouts and how deals get successfully negotiated. Some of the topics to be covered may include managing expectations, creating common understanding of facts, building and earning trust, face-to-face meetings, understanding motivations and concerns, managing disruptive personalities, back-channel communications, win-win vs. win-lose negotiating styles and more.
Benjamin F. Mann, Moderator
Husch Blackwell LLP; Kansas City
Laura Marcero
Huron Consulting Group Inc.; Troy, Mich.
Rebecca A. Roof
AlixPartners LLP; New York
Daniel R. Wiggins
MorrisAnderson; St. Louis
2:15-2:30 p.m.
Refreshment Break
Sponsored by Williamette Management Associates
2:30-3:45 p.m.
Concurrent Breakouts (3)
Consumer Track: Consumer Financial Protection Bureau- Consumer Industry Watchdog
Many consumers feel the mortgage and credit industry has been nipping at their heels for a long time without any rhyme or reason. The CFPB was enacted as the watchdog to protect the consumer through education, enforcement of the law and through studying the behavior of the creditor industry. This Panel will introduce you to the benefits and services of the Consumer Financial Protection Bureau (CFPB).
Caralyce M. Lassner, Moderator
Caralyce M. Lassner, JD, PC; Utica, Mich.
Prof. Prentiss Cox
University of Minnesota; Minneapolis
David H. Hixson
Consumer Financial Protection Bureau; Washington, D.C.
Prof. Judith Popper
University of Missouri-Kansas City; Kansas City
Business Track: Select Issues from the ABI Chapter 11 Commission Report
Two of the commissioners from the ABI’s Chapter 11 Reform Commission (and former ABI presidents) will give a report on two parts of the Commission Report that could impact your everyday practice. Jim Markus will discuss the Small and Medium-Sized Enterprises section and Geoff Berman will discuss Avoidance Actions
Mark G. Stingley, Moderator
Bryan Cave LLP; Kansas City, Mo.
Geoffrey L. Berman
Development Specialists, Inc.; Los Angeles
James T. Markus
Markus Williams Young & Zimmermann, LLC; Denver
Professional Development Track: Oral and Written Advocacy in Bankruptcy
This panel of local bankruptcy judges will address what works and what doesn’t work in both written and oral advocacy. Thus, whether you are a new lawyer just starting out or a seasoned litigator looking to hone your skills, this session is for you.
Prof. Betsy Brand Six, Moderator
University of Kansas School of Law; Lawrence, Kan.
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. Janice M. Karlin
U.S. Bankruptcy Court (D. Kan.); Topeka
Hon. Barry S. Schermer
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
3:45-4:05 p.m.
Refreshment Break
Sponsored by McGladrey LLP
4:05-5:35 p.m.
Plenary Session
Ethics Presentation: Selected Ethical Issues in Bankruptcy
Bankruptcy attorneys are faced with ethical issues every day. This plenary session will cover a variety of issues that every bankruptcy attorney should be aware of.
Prof. Michael Korybut
St. Louis University School of Law; St. Louis
5:35-6:00 p.m.
ABI Committee and/or IWIRC Networking Event(s)
6:00-7:30 p.m.
Opening Networking Reception
Sponsored by Advisory Board Member Firms
Friday (8.8 hours includes 1.8 ethics), October 16
7:30-8:30 a.m.
Continental Breakfast
8:00-9:15 a.m. (1.25)
Plenary Session
Six Degrees of Separation: Exploring the Limits of Related-To Jurisdiction
This panel will discuss the expanding body of case law on the limits of the bankruptcy court's jurisdiction over proceedings "related-to" a bankruptcy case under 28 U.S.C. §§ 157(a) and 1334. The panel will also address the impact of the Supreme Court’s recent rulings in Stern, Executive Benefits and Wellness International and how these decisions have impacted the Bankruptcy Court’s authority and jurisdiction.
Eric W. Anderson, Moderator
Parker, Hudson, Rainer & Dobbs LLP; Atlanta
Bryan C. Bacon
Evans & Dixon, L.L.C.; Columbia, Mo.
Hon. Dale L. Somers
U.S. Bankruptcy Court (D. Kan.); Topeka
Prof. G. Ray Warner
St. John’s University School of Law
Of Counsel, Greenberg Traurig, LLP; New York
9:15-9:30 a.m.
Refreshment Break
Sponsored by Tittle Advisory Group, Inc.
9:30-10:45 a.m. (1.25)
Plenary Session
Bankruptcy Case Update- A Judge’s Panel
This session will discuss recent bankruptcy cases from the Supreme Court and the Eighth and Tenth Circuits from the point of view of three bankruptcy appellate panel judges.
Hon. Arthur B. Federman
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Hon. Robert E. Nugent
U.S. Bankruptcy Court (D. Kan.); Wichita
Hon. Anita L. Shodeen
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
10:45 a.m.-12:15 p.m. (1.5)
Plenary Session
Ethics Presentation: Ghostwriting and Limited Representation
An exploration of the issues, tensions and competing demands that frequently arise in connection with the representation of both consumers and small businesses as debtors where circumstances do not allow lawyers to be paid a full fee to represent the debtor with respect to all aspects of their bankruptcy case. Among other matters, the panel will consider are issues relating to access to the bankruptcy system and the legal fees that the consumer/business can afford and the market will support. The panel will also discuss various pertinent Rules of Professional Conduct, which may include RPCs 1.1 (competency), 1.2 (scope of representation), 1.3 (diligence), 1.4 (communication), 1.5 (fees), 1.6 (confidentiality), 1.8(f), 3.3 and 8.4, as well as pertinent case law and the White Paper produced by the ABI’s National Ethics Task Force on limited services representation in consumer bankruptcy cases.
Richard M. Meth, Moderator
Fox Rothschild LLP; Roseland, N.J.
Deborah K. Ebner
The Law Office of Deborah Kanner Ebner; Chicago
Edward J. Nazar
Hinkle Law Firm LLC; Wichita, Kan.
Hon. Charles “Sketch” Rendlen, III
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
12:15-1:45 p.m. (1.5)
Luncheon
Sponsored by MorrisAnderson and Spencer Fane Britt & Browne LLP
The Detroit Bankruptcy
Hear it from the lawyer who represented Detroit in its Chapter 9 Case. David Heiman will discuss the many events that made this case the case that it was including the way the deal of a lifetime was made.
David G. Heiman
Jones Day; Cleveland
1:45-3:00 p.m. (1.25)
Concurrent Breakouts (3)
Consumer Track: The Intersection of Divorce and Bankruptcy
There is a reason attorneys choose the practice of bankruptcy and one of those reasons is, they would rather not handle a divorce case even with a ten foot pole. Unfortunately there are grave consequences if you are unclear as to how the bankruptcy code and a divorce may interact. This Panel will guide you through the minefield of potential issues thereby preventing your client’s divorce from blowing up your case.
Hon. Margaret Dee McGarity
U.S. Bankruptcy Court (E.D. Wis.); Milwaukee
Wendall J. Sherk
Sherk & Swope, LLC; St. Louis, Mo.
Hon. Kathy A. Surratt-States
U.S. Bankruptcy Court (E.D. Mo.); St. Louis
Business Track: Nonprofit and Religious-Related Bankruptcies
Even not for profit and religious based organizations can file bankruptcy, as best evidenced by the filings of various archdioceses throughout the country. This panel will address the law, nuances and considerations involved when a not for profit or religious based organization files bankruptcy.
Paul R. Hage, Moderator
Jaffe Raitt Heuer & Weiss; Southfield, Mich.
Scott K. Brown
Lewis Roca Rothgerber LLP; Phoenix
Evan C. Hollander
Arnold & Porter LLP; New York
Hon. Lee M. Jackwig
U.S. Bankruptcy Court (S.D. Iowa); Des Moines
Federal Evidence Part I
Contrary to urban legend, the Federal Rules of Evidence do apply in bankruptcy court. In this two-part session taught by U.S. Magistrate Judge Robert E. Larsen there will be everything a practitioner needs to know about trying a federal case. If you took Evidence 101 in law school and have even a vague recollection of basic relevance and a primitive understanding of hearsay, you will discover that there are only five types of witnesses and five kinds of exhibits, learn the evidentiary foundation and disclosure requirement for each, and leave the sessions equipped to try virtually any federal case - civil or criminal, bench or jury.
Hon. Robert E. Larsen
U.S. Magistrate Court (W.D. Mo.); Kansas City
3:00-3:15 p.m.
Refreshment Break
3:15-4:30 p.m. (1.5)
Concurrent Breakouts (3)
Consumer Track: Student Loan Discharge: Where Are We in 2015?
Graduates and individuals who attended college or trade school are struggling with their student loan debt. This panel will explore the current trends in student loan litigation in bankruptcy, as well as administrative options for restructuring and settling student loan debt.
Hon. C. Ray Mullins, Moderator
U.S. Bankruptcy Court (N.D. Ga.); Atlanta
Prof. Susan E. Hauser
North Carolina Central University School of Law; Durham, N.C.
Erlene W. Krigel
Krigel & Krigel, P.C.; Kansas City, Mo.
Hon. Cynthia A. Norton
U.S. Bankruptcy Court (W.D. Mo.); Kansas City
Business Track: The Creeping Business Judgment Rule
When does “business judgment” become a foolish gamble? Our panel of experienced professionals will share stories from recent cases where the “alleged” best of intentions of management went awry and led to corporate failure, resulting in litigation seeking restitution for the damage
Christopher A. Ward, Moderator
Polsinelli PC; Wilmington, Del.
Scott J. Goldstein
Spencer Fane Britt & Browne LLP; Kansas City, Mo.
Deborah M. Gutfeld
Perkins Coie LLP; Denver
Federal Evidence Part II
A continuation of a two-part session with everything a practitioner needs to know about trying a federal case. everything a practitioner needs to know about trying a federal case.
Hon. Robert E. Larsen
U.S. Magistrate Court (W.D. Mo.); 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, P.C. – KC Bankruptcy; Independence, Mo.
Eric L. Johnson, Co-Chair
Spencer Fane Britt & Browne 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 Britt & Browne 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 LLP; 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, L.L.P.; Lawrence, Kan.
Mark G. Stingley
Bryan Cave LLP; Kansas City
Bruce E. Strauss
Merrick, Baker & Strauss, PC; Kansas City
Louis J. Wade
McDowell, Rice, Smith & Buchanan, PC; Kansas City
Sherri L. Wattenbarger
Office of the U.S. Trustee; Kansas City
Victor F. Weber
Merrick, Baker & Strauss, PC; 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 $145/single and $171/double per night. Make your reservations by September 13, 2015, to secure this special rate. ABI cannot guarantee anyone a room after the September 13 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 bag 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., you can also visit the Visit Kansas City website at www.visitkc.com, as well as TripAdvisor at www.tripadvisor.com.
Continuing Education Credit
This program is approved for 13.6 hours of CLE credit in Missouri, including 3.6 hours of ethics and professionalism. 13.6 hours of general CLE credit, including 3.6 hours of ethics, are pending in Kansas and other 50-minute-hour states, and 12 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 12 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 14 credit hours, of which 3.5 hours of credit can be applied toward the ethics professionalism requirement. 14 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 24, 2015. No refunds will be granted after September 24, but substitutions will be allowed. After September 24, 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.
Rates
Registration Rates | Early Bird (postmarked by 8/7/15) |
Regular (8/8/15- 9/4/15) |
Late (after 9/4/15) |
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Business Track: ABI Member
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$355
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$410
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$455
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Business Track: New ABI Member*
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$630
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$685
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$730
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Consumer Track: ABI Member
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$265
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$290
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$325
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Consumer Track: New ABI Member*
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$540
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$565
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$600
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* 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**
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$1,100
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New Member Exhibitor Registration***
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$1,395
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Additional Booth Representative
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$500
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** 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.