ABI, UMKC and the Midwestern Advisory Board invite you to attend the first online event for this program: the Midwestern Virtual Bankruptcy Institute!
Originally planned as an in-person event at the campus of University of Missouri-Kansas City, this reimagined event will take advantage of the flexibility that an online conference offers. Attendees will be able to choose from a range of interactive educational sessions during the two-day event and experience them from the comfort of their home or office.
Factor in ample opportunities to network virtually with area bankruptcy professionals — and a low cost of just $100 for the entire program — and you’ll see why you won’t want to miss this one-of-a-kind experience!
Welcome
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Frank W. Koger Memorial Lecture
Bankruptcy as a Social Safety Net: Policy Considerations in a Time of Pandemic
Unemployment rates are slowly dropping after hitting an all-time high in April of this year and remaining in the double digits for four months straight. However, the effects of the ongoing pandemic remain. Rent payments are down, and homeowners are delaying payments on their mortgages. The Federal Reserve has dropped interest rates to near-zero, and small business revenue nationwide is down nearly 20%, even after accounting for the thousands of businesses that have already closed for good. Congress, states and local governments are scrambling to put policies and programs in place that will help forestall financial collapse. As bankruptcy practitioners and scholars, this is our moment — or is it? This presentation will explore the role that bankruptcy policy can and should play in a global pandemic, discuss the role that bankruptcy policy has already begun to play, and query what factors may be limiting the effectiveness of bankruptcy policy in easing financial distress and limiting unnecessary business closures.
Sponsored by Spencer Fane LLP
Break
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ABI Talks
This year's ABI Talks, presented in the style of the ever-popular TED Talks, will focus on four timely topics:
The Rhetoric and Reality of Student Debt
Not Your Parent’s Loan
In recent years the financial industry has seen mortgage and consumer loans offered through alternative sources other than traditional banks with much success. Currently, business loans have become more available through other sources primarily tied to fintech lenders on the internet. During this session the pros and cons of this direction will be reviewed with opportunities for discussion.
Energy in Bankruptcy
This session will discuss three different reorganization plan strategies that oil and gas producers in chapter 11 can use, and when to use them.
Health Care in Bankruptcy
Sponsored by B. Riley Advisory Services
Break
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Concurrent Sessions (Select session 1, 2 or 3)
1. COVID-19 Economic Fallout: Consumer Issues
The panel will examine four distinct emerging issues in consumer cases that are related to the effects of COVID-19, as follows: a) the decrease in cases, b) remote signings and appearances, c) national and local moratoriums on foreclosures and evictions and similar protective measures, and d) the legislative efforts to increase the chapter 13 debt limits.
Sponsored by Hinkle Law Firm LLC
View Materials2. What’s My Alternative?: Counseling Your Client and the Court with Respect to Bankruptcy Alternatives
When developing a strategy for an entity in distress, good insolvency lawyers weigh all their options, both in and out of bankruptcy. This presentation will consist of two mock client consultations (one debtor-focused and one creditor-focused) discussing the pros and cons of various alternatives to bankruptcy. The presentation will culminate in a mock status conference before a federal district court in an action where the plaintiff is seeking the appointment of a federal receiver in a loan-enforcement action. This session also will provide an in-depth examination of assignments for the benefit of creditors, as well as state and federal receiverships.
Sponsored by Thompson Coburn LLP
View Materials3. Financial Expert Presentation: A Virtual Mock Hearing
This panel will present a mock hearing consisting of direct and cross-examination of a financial advisor in connection with a contested Chapter 11 confirmation hearing. Panelists will also discuss best practices and strategies for presenting and eliciting testimony in an evidentiary hearing.
Sponsored by Williams-Keepers LLC
Break
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Elimination of Bias in Bankruptcy Proceedings
The Kirwan Institute for the Study of Race and Ethnicity defines implicit bias as “the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner.” According to the Kirwan Institute, “[t]hese biases, which encompass both favorable and unfavorable assessments, are activated involuntarily and without an individual’s awareness or intentional control.” Researchers have found that implicit biases can impact many aspects of an individual’s life. For the bankruptcy attorney, it is imperative to consider whether implicit bias affects her day-to-day interactions with clients. This session will highlight studies confirming the pervasiveness of implicit bias, as well as empirical research establishing its influence on bankruptcy proceedings. The session will also provide techniques for reducing and/or eliminating the impact of implicit bias.
Sponsored by Husch Blackwell LLP
Virtual Networking
Find your comfiest chair, then join your Midwestern colleagues online for some relaxed socializing!
Sponsored by Polsinelli
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Case Law Update
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.
Break
Michael R. Roser Excellence in Bankruptcy Award Presentation
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Small Business Reorganization Act of 2019/Subchapter V
This panel will review the basics of the Small Business Reorganization Act of 2019, as well as recent case law and issues that have cropped up since the SBRA went into effect in February 2020. Topics discussed will include an overview of subchapter V and how it differs from traditional chapter 11, qualifying corporate (and individual) debtors, debt limits pre- and post- CARES Act, the PPP and its changing role in subchapter V, the role of a subchapter V trustee, and conversion/redesignation of a case to subchapter V.
Sponsored by Goosmann Law Firm
Break
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Concurrent Sessions (Select session 1 or 2)
1. Completing the Case: Your Case Is Done; Now What?
This panel will identify issues that could arise during discharge preparation and immediately post-discharge during your debtor client’s case, including judgment liens, comfort orders, nondischargeable debt, destruction of your client’s file, failure to comply with a Notice of Final Cure, credit report post-discharge and credit repair.
Sponsored by Baird Holm LLP
View Materials2. Remember When We Had a Hospitality Industry?
This panel will discuss current issues affecting the embattled hospitality sector, primarily the restaurant and hotel industries. The panelists will discuss current topics in bankruptcy and out-of-court restructurings, sales and liquidations.
Sponsored by Norman, Wood, Kendrick & Turner
Break
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Ethics: Crisis Management in Bankruptcy: Dealing with a Dangerous World
Against the backdrop of the recent COVID-19 health crisis, this session will focus on issues relating to crisis management in the business and practice of bankruptcy law. The panelists will discuss best practices for disaster recovery and business-continuity planning, technology solutions for navigating a crisis, and various legal and ethical issues that arise during a time of crisis. The panelists will also address mental health and personal wellness issues that can arise during and after a crisis.
Sponsored by MorrisAnderson
Adjourn
Conference Rates
ABI Member & Non-member: $100
Registration + ABI Membership for New Members*: $400
* Includes a one-year ABI membership for first-time members — a $375 value! Membership is individual and nonrefundable. If your membership has expired, select the member rate and add in your membership renewal fee.
Cancellation Policy
No refunds will be granted for this online program. Should you become unable to attend any or all of the sessions, upon request, a recording of all sessions can be sent to you, along with the corresponding educational materials.
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 is 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.
Program Chairs and Advisory
Advisory Board
This program is approved for 11.5 hours of CLE credit in Missouri, including 1.8 ethics hours and 1.8 elimination of bias hours. 11.5 hours of CLE credit, including 3 hours of ethics, are pending for Kansas. 11.5 hours of general CLE credit, including 3 hours of ethics, are pending in 50-minute-hour states, and 9.5 hours of general CLE credit, including 3 hours of ethics, are pending in states calculating CLE on a 60-minute hour. Credit hours are estimated and are subject to each state’s approval and credit-rounding rules and might not be approved prior to the program. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 9.5 hours, including 3 hours of ethics. NY MCLE: This program is eligible for 11.5 credit hours, of which 11.5 credit hours can be applied toward the professional practice requirement and 3 credit hours can be applied toward the ethics professionalism requirement. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours are estimated and are subject to each state’s approval and credit-rounding rules.
11.5 hours of CPE credit, including 1.5 hours of behavioral ethics, are also available.
Instructional Delivery Method: Group Live delivered online due to COVID-19.
* 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. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org.
When and how can I access the virtual conference?
Registered attendees will receive a link via email to the attendee website 48 hours before the first session begins. The link will be sent to the email address you used to register for the program, and this is how you will access all of the conference content. You’ll use the same link each day to access the attendee website for the live conference and whenever you choose to view the on-demand content.
What if I don't receive the link?
Contact [email protected], and a member of the ABI team can provide you with one.
Can I share this link with others?
As with in-person meetings, registrations cannot be shared. The registration provides a secure single sign-on experience for the user.
How much time should I expect to be online during the event days?
The virtual workshop takes place over about 3.5 hours in the afternoon on both Thursday and Friday. During breaks from the live sessions, you can visit other areas of the conference, such as the Attendee Lounge.
Are there any specific technology requirements?
You will be able to access the program sessions without downloading any plug-ins or software. However, for best results, we recommend that you use Google Chrome, Mozilla Firefox and Chromium Edge to access the sessions. The program will not be available on a mobile/cell phone (iPhone, Android, Blackberry), but can be accessed through laptop, desktop (PC or Mac) and certain other mobile devices (Surface Pro, iPad).
What are the suggested web browser prerequisites?
Internet Explorer 10 or higher
Chromium Edge 80 or higher
Google Chrome 53.0.2785 or higher
Safari 10.0.602.1.50 or higher
Firefox 76 or higher
Note: Mobile web browsers are not supported.