Civil Law

Monday, October 6, 2008

8:00 – 9:00 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

9:00 – 11:00 a.m.

Case Law Update and Bankruptcy Trends
A review of the previous year’s opinions from the Supreme Court, the court of appeals and the bankruptcy appellate panel for the Eighth Circuit, and the district court and bankruptcy court for the District of Minnesota. More cartoons than ever before, many in color.
– Judge Robert J. Kressel & Faye Knowles

11:00 – 11:30 a.m.

BREAK

11:30 – 12:30 p.m.

BREAKOUT SESSION A

1) Hidden Traps of Small Business Chapter 11s
A review of the differences between a small business case and a regular bankruptcy case; including filing requirements, deadlines and extensions. Plus, a discussion of the hidden traps that counsel should be aware of in small business Chapter 11s.
– Judge Dennis D. O’Brien, Kenneth Corey-Edstrom & Sarah J. Wencil

2) Bankruptcy and the Fair Debt Collection Practices Act
As bankruptcy filings increase, the interplay between the Fair Debt Collection Practices Act and the Bankruptcy Code has become increasingly important. The speakers will discuss this interplay; recent court decisions and related issues such as – Does one statute preempt the other? When does it make sense for a consumer to assert an FDCPA claim? When does a consumer debtor have to obtain the trustee’s consent to assert a FDCPA claim? What happens to FDPCA claims that arise before and after commencement of the bankruptcy proceeding?
– Wendy J. Badger & Peter F. Barry

3) Attorney Accountability in Bankruptcy: How to Get Paid and Stay Out of Court (and Jail)
1.0 ethics credit applied for
A panel of experts discuss ethics issues in business and consumer bankruptcies; including fee disgorgement and claims against attorneys and law firms relating to zone of insolvency issues, new ethics issues under Section 707(b) and Rule 9011, how to balance the multiple roles of consumer debtor’s counsel under BAPCPA, and recent decisions that determine whether attorneys are debt relief agencies.
– Clinton E. Cutler, Jessica N. McKinney & David L. Sasseville

4) Bankruptcy Nuts and Bolts for New Lawyers and Legal Staff
Reading the Client’s Mind: Recognizing Issues and Getting Information
(Note: This session begins at 11:15 and ends at 12:15.)
The speakers will present client fact patterns and/or interviews to demonstrate how to recognize "markers" of issues and how to obtain facts and documents about those issues. The information presented will include advanced means test problems for above-median and Chapter 13 debtors.
– John A. Hedback, Mary C. Hoben, Becky Johnson & Logan M. Moore
– Moderator: Mary L. Cox

12:30 – 1:30 p.m.

INSTITUTE LUNCHEON (provided by Minnesota CLE)

1:30 – 2:30 p.m.

BREAKOUT SESSION B

5) Structured Financing in Bankruptcy: Recent Challenges and Developments

* What is "Structured Finance," and how does it affect me as a Minnesota bankruptcy lawyer anyway?
* Hedges, Futures, and Swaps, Oh My! A discussion of how the credit derivatives market, the futures markets, agricultural forward contracts, and the implosions of hedge funds and CDOs (collateralized debt obligations) have changed how we look at structured finance and bankruptcy.
* "What Hath Securitization Wrought" or "The Safe Harbors are Booby Trapped." How the courts have enforced the Bankruptcy Code safe harbor provisions for mortgage repurchase agreements, master netting agreements and other financial instruments, but have left a number of traps for the unwary. Plus, a discussion of recent case law arising out of the subprime mortgage meltdown.
* Ripple Down, Ripple Down, Sis Boom Bah! Consequences of the Bear Stearns collapse. Will history repeat itself, and when?

– Michael R. Stewart & Mark G. Rabogliatti

6) When Bankruptcy Isn’t Enough: Social Services and Resources for Your Clients
Representatives from SMRLS and the United Way provide an overview and discussion of the wide range of resources and services available to meet the non-bankruptcy needs of your clients.
– Martha A. Eaves, Lisa R. Hollingsworth & Ka Yang
– Moderator: Thomas E. Johnson

7) MBA Concepts for Bankruptcy Lawyers
2-hour session
This session will introduce attendees to the basic concepts taught to MBA students. By becoming familiar with business terms and concepts, report analysis skills, and financial interpretation skills that are part of the language of business, lawyers will be able to communicate more effectively with clients.
– Professor Edward S. Adams

8) Bankruptcy Nuts and Bolts for New Lawyers and Legal Staff
We’re from the Government and We’re Here to Help: Working with the Clerk’s Office and the US Trustee’s Office
Representatives of the Bankruptcy Court Clerk’s Office and the US Trustee’s Office will offer practical tips on how to properly file your case and how to work with the Clerk’s Office and the US Trustee’s Office when problems arise or when additional information is required.
– Robert B. Raschke, Delores Campbell, Anita Miller & Lori A. Vosejpka
– Moderator: Mary L. Cox

2:30 – 2:45 p.m.

BREAK

2:45 – 3:45 p.m.

BREAKOUT SESSION C

MBA Concepts for Bankruptcy Lawyers, cont.

9) Secret Liens
From Agriculture to Warehousing, liens that don’t ordinarily turn up in a UCC Search or a title examination may surprise you. This fast-moving session will focus on spotting the clues to discovering a wide variety of special liens that arise from state and federal laws.
– Michael S. Dove & James A. Rubenstein

10) Mortgage and Credit Issues in Chapter 13 Bankruptcies
Practical advice for lawyers with clients facing foreclosure; including defending motions for relief from stay, standing issues for mortgage companies, lien stripping in Ch. 13s and discussion of a proposed local rule that would require more information from mortgage companies on those motions. Plus, what every bankruptcy lawyer should know about the powerful Truth in Lending Act and how it can help you save your client’s home (and cover your fees).
– Ronald J. Lundquist & Mark Ireland

11) Bankruptcy Nuts and Bolts for New Lawyers and Legal Staff
Dos and Don’ts for Working with Trustees
A panel of trustees will outline their preferred approaches to receiving information from debtors and will identify the types of issues and problems that raise "red flags" and may give rise to additional trustee scrutiny. They will provide case examples and offer practical advice on working effectively with trustees throughout the life of each case.
– Kyle L. Carlson, Brian F. Leonard & Terri A. Running
– Moderator: Mary L. Cox

3:45 – 4:00 p.m.

BREAK

4:00 – 5:00 p.m.

BREAKOUT SESSION D

12) Individual Chapter 11s
Individual Chapter 11 case filings are up since BAPCPA. The presenters will discuss the changes that BAPCPA made to the Code and how they impact individual debtors. The presenters will also discuss the risks debtors assume when filing such cases.
– Katherine A. Constantine & Michael Ridgway

13) Unwritten Local Rules
Though the Bankruptcy Court has developed extensive Local Rules, a successful bankruptcy practitioner should also understand and observe a host of unwritten rules and expectations that govern bankruptcy practice in this District. This presentation will highlight some of the "unwritten rules" and how best to familiarize yourself with the local practice and expectations of each of the Bankruptcy Judges.
– Stephen J. Creasey

14) Puffery or Prevarication: The Boundaries of Negotiation Ethics
1.0 ethics credit applied for
May an attorney permissibly proclaim that his client will not settle for less than $1 million when the client, in fact, has already authorized the attorney to accept half that amount? May an attorney for a buyer ethically conceal from the seller his client's intention to "flip" the acquired property to another buyer for a substantial profit as soon as the deal closes? When is a lie a white lie rather than actionable misrepresentation? This session will explore the provisions of the Minnesota Rules of Professional Conduct, case law and other authorities that address the limits of attorney conduct in negotiating business transactions and litigation settlements, including the erosion of the law firm’s internal attorney-client privilege and its impact on bankruptcy practitioners.
– David L. Sasseville

15) Bankruptcy Nuts and Bolts for New Lawyers and Legal Staff
How to Prepare for a 341 Meeting
Attend a mock 341 meeting of creditors and discover how preparation of the case, including the bankruptcy schedules, impacts that proceeding and the case itself.
– Peter B. Stein, Linda J. Jungers, Robert R. Kanuit & Richard M. Schreiber
– Moderator: Mary L. Cox

5:00 – 5:45 p.m.

RECEPTION
Join your colleagues for drinks and complimentary hors d’oeuvres.

Sponsored by the Bankruptcy Section of the Minnesota State Bar Association

5:45 – 7:30 p.m.

BANKRUPTCY SECTION DINNER
The Wadsworth Room at The Northland Inn
(Pre-registration required. Online registration for the dinner is not available. Please call 651-227-8266 or 800-759-8840 to register for the dinner.)

Sponsored by the Bankruptcy Section of the Minnesota State Bar Association

 

Tuesday, October 7, 2008

8:30 – 9:00 a.m.

CONTINENTAL BREAKFAST

9:00 – 10:00 a.m.

The Mortgage Claim Mess: Legislative and Practical Responses
Debra Miller, Chapter 13 Trustee for the Northern District of Indiana and Chair of the National Association of Chapter Thirteen Trustees Mortgage Liaison Committee, discusses serious problems with how the mortgage servicing industry handles mortgages for borrowers in bankruptcy, best practices that the committee drafted for servicers and trustees to follow, and current proposals to implement reform. She will also discuss recent case law on these issues.
– Debra L. Miller

10:00 – 11:00 a.m.

BAPCPA in the Courts: What are the Developing Trends?
This presentation will discuss emerging trends in Circuit and BAP case law outside the 8th Circuit interpreting BAPCPA. The speakers will highlight those issues that have given rise to conflicting decisions across circuits or BAPs and the various approaches courts have taken to some of BAPCPA’s more controversial provisions that have not yet been addressed by the Eighth Circuit BAP or Court of Appeals.
– Chief Judge Nancy C. Dreher & Stephen J. Creasey

11:00 – 11:15 a.m.

BREAK

11:15 – 12:00 p.m.

Quick Answers to Questions that Friends, Relatives and Strangers Ask You at Cocktail Parties
A team of experts in criminal law, estate planning, personal injury and family law will provide answers to all the questions that you are asked at cocktail parties.
– Phyllis L. Bean, Jan M. Gunderson, Robert A. McLeod & Timothy D. Webb
– Moderator: Dorraine A. Larison

12:00 – 12:30 p.m.

State of the Court
– Chief Judge Nancy C. Dreher

12:30 – 1:30 p.m.

INSTITUTE LUNCHEON (provided by Minnesota CLE)

1:30 – 2:30 p.m.

BREAKOUT SESSION E

16) Reaffirmation Agreements: The Client’s Needs, the Court’s Requirements
Judge Kishel will explain the judicial concerns that led to a revision of the court's process for administering reaffirmation agreements and the hearings on them. He will provide direction on what is expected of debtors' attorneys, creditors, and creditors' attorneys in the negotiation, completion and routing of the agreements and the supplementary documentation now required. He will also address the new requirement of attorney attendance at the hearing and the reasons why it is being implemented.
– Judge Gregory F. Kishel

17) Working With the Turnaround Professional
An experienced panel will discuss the role played by the turnaround professional in a distressed business from both the debtor and the creditor persepective. Topics will include when to call a turnaround professional, what to expect (and not to expect) from that professional and how to work effectively with the professional.
– James G. Hajek, Connie A. Lahn & Michael L. Meyer

18) Representing People from Diverse Cultures in Bankruptcy
2.0 elimination of bias credits applied for
2-hour session
Representatives from four immigrant groups – Somali, Hmong, Russian and Latino – discuss cultural and communication issues that arise in the context of a bankruptcy case. The panel will also discuss cultural concepts of debt and bankruptcy, and provide advice for attorneys who represent clients from diverse backgrounds.
– Abdi Elmi, Ilean Her, Irena Purves & Jorge F. Saavedra
– Moderator: Ajai Singh Khalsa

2:30 – 2:45 p.m.

BREAK

2:45 – 3:45 p.m.

BREAKOUT SESSION F

Representing People from Diverse Cultures in Bankruptcy, cont.

19) What Every Debtor’s Attorney Should Know About Taxes
This panel will highlight tax issues that arise in Chapter 7 and Chapter 13 cases, including tax liens, available elections, trust fund liabilities, tax attributes and other
tax issues that are relevant to your practice.
– Thomas E. Brever, Kenneth E. Keate & Charles W. Ries

20) How to Represent a Creditors’ Committee
A discussion of best practices for attorneys who represent creditors’ committees in Chapter 11 bankruptcies; including a review of the attorney’s duties and obligations, and advice on avoiding conflicts.
– Michael R. Fadlovich, James A. Lodoen & Henry T. Wang