35th Annual Midwestern Bankruptcy Institute

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35th Annual Midwestern Bankruptcy Institute

October 15-16, 2015 Westin Kansas City at Crown Center, Kansas City, Mo.

ABI and UMKC School of Law are pleased to present the 35th Annual Midwest Bankruptcy Institute at the Westin Kansas City at Crown Center. This year's program features business, consumer and professional development tracks at affordable pricing, so you can get the exact training you need. With 15 U.S. Bankruptcy Judges rounding out sessions covering everything from LLCs and partnerships in bankruptcy to student loan discharge to the psychological aspects of workout negotiating, plus two ethics sessions- you won't want to miss the CLE/CPE event of the Midwest!

Register Here for the Consumer Track.


Event Information 230083

Thursday (4.8 hours includes 1.8 ethics), October 15

12:00-5:30 p.m.

ABI Registration Desk Open

12:45 p.m.


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)


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.




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.

Premium Sponsors

BMC Group

Bryan Cave/Mark G. Stingley

Foley Law, P.C.


McGladrey LLP


Spencer Fane Britt & Browne LLP

Tittle Advisory Group, Inc.

Williamette Management Associates

Patron Sponsors


Supporting Sponsors

Epiq Systems

Special Thanks

We extend our special thanks to Conway MacKenzie for the education materials on USB drives, Thomson Reuters for providing the printed educational materials and Wilmington Trust for the tote bags.


Registration Rates Early Bird
(postmarked by 
8/8/15- 9/4/15)

Business Track: ABI Member
Business Track: New ABI Member*
Consumer Track: ABI Member
Consumer Track: New ABI Member*

* 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**
New Member Exhibitor Registration***
Additional Booth Representative

** 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.