ABI and UMKC School of Law are pleased to present the 2023 Midwestern Bankruptcy Institute at the University of Missouri-Kansas City!
This year’s program continues the tradition of timely business and consumer tracks, providing the training you need at affordable pricing. With more than 10 bankruptcy judges and five U.S. Trustees on the faculty, plus financial advisors and other experts to enhance your learning, you won’t want to miss the CLE/CPE event of the Midwest!
Registration Desk Open
Welcome
Frank W. Koger Luncheon and Lecture
Four Things that Need to Change in Bankruptcy
Refreshment Break
ABI Talks: Bankruptcy Ideas Worth Sharing
How to Make Changes to the Bankruptcy Rules
Jill will provide insights from her six years of service on the U.S. Judicial Conference's Advisory Committee on Rules of Bankruptcy Procedure. Audience members are encouraged to submit their own suggestions for changes to bankruptcy rules and forms.
Artificial Intelligence in the Law
Artificial intelligence (AI) is due to impact every area of legal practice, as well as the practice of law itself. Tom Freeman will present an overview of how AI is affecting clients and the profession, and will discuss how lawyers should be thinking about and utilizing AI.
New Research Methods
This ABI Talk will cover what’s new in legal research, including the use of artificial intelligence (AI) for speed and efficiency. Tom also will discuss the differences between extractive AI and generative AI, and when you need to disclose the use of AI in your research and brief-writing.
The Role of Financial Advisors: The Good and the Bad
The Good, the Bad and the Ugly of Financial Advisors in Both Out-of-Court Workouts and Chapter 11 Cases. Dan will share his experiences and insights from 30 years of working as a financial advisor, interim executive and restructuring consultant exclusively with financially distressed middle-market companies.
Refreshment Break
Concurrent Sessions (2)
Business Panel
Subchapter 5: The Trustee’s Role (Facilitator, Mediator, Liquidator and Distributor), § 1111(b) Applications and Other Issues
This panel will discuss emerging issues and trends in subchapter V, including the role of the subchapter V trustee, § 1111(b) elections, the removal of debtors in possession, and eligibility.
Consumer Panel
Student Loan Topics
This panel will explore the current state of the law around § 523(a)(8), focusing on the agreed hardship discharges of certain federal student loans under the guidance issued by the Department of Justice and the Department of Education. While walking attendees through the new standards, the panelists will provide practical advice and practice pointers on how to gather information, from the client interview to external resources to assist the client in collecting loan and payment history information, and how to correctly complete both the complaint and, where appropriate, the attestation form.
Refreshment Break
Ethical Issues of Remote Practice and Remote Clients, and Debtor’s Counsel’s Duty to Investigate
Networking Reception
Registration and Breakfast
Sponsored by Thompson Coburn LLP and Williams-Keepers LLC
Welcome and Second-Day Announcements
Case Law Updates
This panel of bankruptcy judges from the Eighth and Tenth Circuits will discuss several recent decisions from the U.S. Supreme Court, the Eighth and Tenth Circuit Courts of Appeals and Bankruptcy Appellate Panels, and elsewhere that are likely to impact your bankruptcy practice.
Refreshment Break
Concurrent Sessions (2)
Business Panel
Agriculture Issues: Secret Liens, Food Security Act
The Food Security Act and statutory liens can have unintended consequences for secured creditors in agricultural bankruptcy cases. Absent lender compliance with federal notice procedures, the FSA strips security interests from farm products sold in the ordinary course of business — and statutory liens may also prime a secured creditor’s interest. This panel will discuss the interplay between state law controlling the creation, perfection and priority of security interests in farm products, and the Food Security Act in cutting off security interests in farm products purchased in the ordinary course of business. The panelists will explain how to preserve such interests by complying with direct notice or central filing system notice procedures. They also will cover the various state and federal “secret” statutory liens that can pop up and prime a secured lender’s security interest, and how to protect against them.
Consumer Panel
Intersection of Insurance and Bankruptcy
This panel will focus on issues surrounding insurance in consumer bankruptcy cases, including matters of interest to the debtor's bar and creditor's bar, as well as bankruptcy trustees. The panelists will cover such topics as unnoticed values in the insurance policy itself, potential claims under insurance policies (including bad-faith denials of claims) and identifying assets, and will provide practice pointers on how to address these issues.
Refreshment Break
Judicial Round-and-Round
Networking Lunch
Roser Award Presentation
Concurrent Sessions (2)
Business Panel
Intersection of Insurance and Bankruptcy
Whether it is in the context of a debtor’s assets or filing claims, commercial bankruptcies often intersect with the insurance industry. This panel will explore the ways in which bankruptcy and insurance matters typically converge, then will delve into such hot topics as insurance neutrality, channeling injunctions and financing.
Consumer Panel
Claims
Refreshment Break
Practical Skills: Bankruptcy Trials, Evidence, Civil Procedure
This panel will discuss planning and preparing for evidentiary hearings, as well as effectively presenting evidence.
Break
Ethics Jeopardy: When Does Zealous Advocacy Cross the Line?
Using a game show format with real-life case scenarios, this panel will discuss the ethical duty of zealous advocacy, what defines its limits, and what happens when bankruptcy lawyers cross the line.
Adjourn
| Early (by 8/25/23) | Regular (8/26/23-9/22/23) | Late (after 9/22/23) | ||
| Registration Rates | ||||
| Commercial Track: ABI Member | $400 | $450 | $500 | |
| Commercial Track: Join and Save* | $800 | $850 | $900 | |
| Consumer Track: ABI Member | $295 | $325 | $355 | |
| Consumer Track: Join and Save* | $495 | $525 | $555 | |
| * Includes a one-year ABI membership for first-time members — a $425 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. | ||||
| Exhibitor Rates | ||||
| ABI Member Exhibitor Registration** | $1,000 | |||
| New ABI Member Exhibitor Registration*** | $1,400 | |||
| 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 (a $425 value!). | ||||
Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by September 28, 2023. No refunds will be granted after September 28, but substitutions will be allowed. After September 28, 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.
Anti-Harassment Policy
The American Bankruptcy Institute is dedicated to providing a harassment-free conference experience for everyone, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age or religion. We do not tolerate harassment of conference participants in any form. Sexual language and imagery are not appropriate for any conference venue, including talks. Conference participants violating these rules may be sanctioned or expelled from the conference without a refund at the discretion of the conference organizers. Our anti-harassment policy can be found at https://www.abi.org/about-us/bylaws-and-policies.
Location/Hotel Accommodations
The Midwestern Bankruptcy Institute will be held at the University of Missouri-Kansas City. ABI has arranged a special conference rate at The Raphael Hotel, Autograph Collection. Please make your reservations by September 5, 2023, to secure this special rate. ABI cannot guarantee anyone a room after the September 5 cut-off date or after the specially rated ABI block has been filled. Reservations can be made by calling the hotel directly at (816) 997-9267. The hotel block will sell out; please make your reservations accordingly.
The Raphael Hotel, Autograph Collection
325 Ward Parkway
Kansas City, MO, 64112
Room Rate: $219/night
Ground/Air Transportation
Air: The University of Missouri-Kansas City is approximately 25 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.
Local Information
For information about Kansas City restaurants, shopping, attractions, etc., go to the Visit Kansas City website at www.visitkc.com.
Chairs
Advisory Board
ABI will seek CLE and CPE credit for this program.
10.5 hours of general CLE credit, including 2.0 hours of ethics, are pending in states calculating CLE on a 60-minute hour, and 12.6 hours of general CLE credit, including 2.4 hours of ethics, are pending in 50-minute-hour states. Credit hours granted are subject to each state’s CLE credit-approval regulations and might not be approved prior to the program.
CPE credit is NOT AVAILABLE for viewing on-demand recorded sessions.
The American Bankruptcy Institute 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 for Group Live (live in-person) and Group Internet Based (live webinar) programs. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website, www.learningmarket.org.
- Recommended CPE Credits and Field of Study: Accounting, Specialized Knowledge
- Program attendees can earn up to 10.5 hours of CPE credit.
- Prerequisites: There are no prerequisites.
- Advanced preparation: None
- Program level: Intermediate
- Delivery method: Group Live
How to request CPE credit: To request CPE credit for your participation (and obtain a certificate of completion), you will need to complete an ABI Attendance Affidavit. Attendance Affidavits are available at the end of the entire conference, after we have verified your attendance. To receive CPE credit, please click"+ Add Accrediting Agency" and select NASBA (National Association of State Boards of Accountancy).
NOTE: All attendees seeking CPE credit must sign in and sign out. You may only claim credit for sessions within the period between your sign-in and sign-out: credit will be adjusted or modified accordingly.
You will receive a personalized link to submit your Attendance Affidavit via email within 7 business days of the last day of the conference. If you do not receive this email by then, please contact [email protected].
* ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge of 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. 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. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org.
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. Illinois Attorneys: If registration fees are more than $500, attorneys who qualify will receive a reduction of at least 50% off the registration fee. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to [email protected].