29th Annual Midwestern Bankruptcy Institute

29

th

Annual Midwestern Bankruptcy Institute Co-sponsored by the American Bankruptcy Institute and University of Missouri-Kansas City School of Law

Friday, October 2, 2009 Kansas City Marriott Downtown 200 West 12th Street • Kansas City, Missouri

Business Track Consumer Track Friday, October 2, 2009 8:00 a.m.

Registration and Continental Breakfast Sponsored by Silverman Consulting

8:30 a.m.

Opening Remarks Hon. Dennis R. Dow, Judicial Chair U.S. Bankruptcy Court (W.D. Mo.); Kansas City Mark G. Stingley, Co-Chair Bryan Cave LLP; Kansas City Ronald S. Weiss, Co-Chair Berman, DeLeve, Kuchan & Chapman, LC; Kansas City

8:45-9:45 a.m.

Plenary Session: Case Law Update Barkley Clark Stinson Morrison Hecker, LLP, Kansas City Hon. Dennis R. Dow U.S. Bankruptcy Court (W.D. Mo.); Kansas City Hon. Robert E. Nugent U.S. Bankruptcy Court (D. Kan.); Wichita

9:45-10:00 a.m.

Refreshment Break Sponsored by MorrisAnderson & Associates, Ltd.

10:00-11:00 a.m.

Concurrent Sessions Consumer Ethics: Prebankruptcy Estate Planning What you can do with assets if your client comes to see you the day before filing, the month before filing, 90 days before filing, the year before filing, etc.?

Robert J. Blackwell Blackwell & Associates, PC; Fallon, Mo. Thomas M. Mullinix Evans & Mullinix, PA; Shawnee Mission, Kan. Bruce E. Strauss Merrick, Baker & Strauss, PC; Kansas City

11:00-11:15 a.m.

Refreshment Break Sponsored by NachmanHaysBrownstein, Inc.

Business Ethics: Counseling the Closely Held Corporate Debtor: Bankruptcy Planning and Professional Ethics I. Identifying Your Client II. Getting Paid: Carve-outs and

Third Parties Funding the Case III. Using Debtors’ Funds to Pay

Attorney Fees IV. Conflicts of Interest with the

Primary Shareholder V. Financing the Reorganization Prof. Jeffrey W. Morris University of Dayton School of Law and Of Counsel Porter, Wright, Morris & Arthur; Dayton, Ohio Hon. Jerry W. Venters U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Dual Track Progra 11:15 a.m.-12:15 p.m.

Concurrent Sessions Consumer: Discharge Violations and Protecting Your Clients from Creditor Abuses

Business: The Baptist Foundation of Arizona–A Chapter 11 Case Where the Ponzi Scheme Was in the Church Jay Fleischman Clifton R. Jessup, Jr. Fleischman Consumer Law Center; Brooklyn, N.Y. Greenberg Traurig, LLP; Dallas

12:15-1:30 p.m.

Luncheon Presentation

Legislative Update: Views from Inside the Capital Beltway Prof. Adam J. Levitin ABI Resident Scholar Georgetown University Law Center; Washington, D.C.

1:30-2:30 p.m.

The 2nd Annual Great Debates Paul D. Sinclair, Moderator Polsinelli Shughart PC: Kansas City Resolved: Section 548(c)’s Good-Faith Defense Should be Unavailable in Ponzi Scheme Cases.

Pro - Brian L. Shaw Shaw Gussis Fishman Glantz Wolfson & Towbin LLC; Chicago Con - Keith M. Aurzada Bryan Cave LLP; Dallas Resolved: Congress Must Allow Courts to Lein-strip Home Mortgages Pro - Tara Twomey National Consumer Law Center; Carmel, Calif.

Con - Paul H. Berens Bradshaw, Steele, Cochrane & Berens; Cape Girardeau, Mo. Resolved: In Applying the Means Test the Court May Determine the Necessity and Reasonableness of Payments on Secured Debts.

Pro - Gil Weisman Becket & Lee, LLP; Malvern, Pa. Con- Hon. Arthur B. Federman U.S. Bankruptcy Court (W.D. Mo.); Kansas City Viewpoints expressed by debaters are not necessarily their own.

2:30-2:45 p.m.

Refreshment Break Sponsored by NachmanHaysBrownstein, Inc.

am Schedule 2:45-3:45 p.m.

Concurrent Sessions Consumer: Representing Small Business Clients

Business: Financing a Chapter 11—Pre, During and Exit

Cynthia F. Grimes Grimes & Rebein, LC; Lenexa, Kan. David P. Leibowitz Lakelaw/Leibowitz Law Center, Waukegan, Ill. Cathleen Cooper Moran Moran Law Group; Mountain View, Calif.

Daniel F. Dooley MorrisAnderson & Associates, Ltd.; Chicago Prof. Adam J. Levitin ABI Resident Scholar Georgetown University Law Center; Washington, D.C. Deborah L. Thorne Barnes & Thornburg LLP; Chicago John Tittle, Jr. NachmanHaysBrownstein, Inc.; Dallas

3:45-4:00 p.m.

Refreshment Break

Sponsored by MorrisAnderson & Associates, Ltd.

4:00-5:00 p.m.

Judges’ Roundtable Featuring Judges of the 8th and 10th Circuits Mark A. Shaiken (Moderator) Stinson Morrison Hecker LLP; Kansas City Hon. Robert D. Berger U.S. Bankruptcy Court (D. Kan.); Kansas City Hon. Dennis R. Dow U.S. Bankruptcy Court (W.D. Mo.); Kansas City Hon. Arthur B. Federman U.S. Bankruptcy Court (W.D. Mo.); Kansas City Hon. Janice M. Karlin U.S. Bankruptcy Court (D. Kan.); Topeka Hon. Robert E. Nugent U.S. Bankruptcy Court (D. Kan.); Wichita Hon. Dale L. Somers U.S. Bankruptcy Court (D. Kan.); Topeka Hon. Kathy A. Surratt-States U.S. Bankruptcy Court (E.D. Mo.); St. Louis Hon. Jerry W. Venters U.S. Bankruptcy Court (W.D. Mo.); Kansas City

Consumer Track

5:00-6:00 p.m.

Cocktail Networking Reception Sponsored by 2009 Midwestern Bankruptcy Institute Advisory Board Contributions

Business Track

29th Annual Midwestern Bankruptcy Institute Advisory Board Advisory Board • Ronald S. Weiss, Co-chair Berman, DeLeve, Kuchan & Chapman, LC; Kansas City • Mark G. Stingley, Co-chair Bryan Cave LLP; Kansas City • Hon. Dennis R. Dow, Judicial Chair U.S. Bankruptcy Court (W.D. Mo.); Kansas City • E. Rebecca Case Stone, Leyton & Gershman; St. Louis • Brian T. Fenimore Lathrop & Gage L.C.; Kansas City • Laurence M. Frazen Bryan Cave LLP; Kansas City • Scott J. Goldstein Spencer Fane Britt & Browne LLP; Kansas City • Cynthia F. Grimes Grimes & Rebein, LC; Lenexa, Kan. • Benjamin F. Mann Husch Blackwell Sanders LLP; Kansas City • Mark Moedritzer Shook, Hardy & Bacon LLP; Kansas City • Mark A. Shaiken Stinson Morrison Hecker LLP; Kansas City • Paul D. Sinclair Shughart Polsinelli PC; Kansas City

Ex-officio • Daniel J. McCarroll University of Missouri-Kansas City School of Law; Kansas City

For more information

Call ABI at (703) 739-0800 or visit AB

29th Annual Midwestern Bankruptcy Institute Programs 8:45-9:45 a.m.

o Plenary Session: Case Law Update

10:00-11:00 a.m. Concurrent Sessions

o Consumer Ethics: Prebankruptcy Estate Planning Choose Business or Consumer Track

o Business Ethics: Counseling the Closely Held Corporate Debtor: Bankruptcy Planning and Professional Ethics 11:15 a.m.-12:15 p.m. Concurrent Sessions

o Consumer: Discharge Violations and Protecting

Your Clients from Creditor Abuses Choose Business or Consumer Track

o Business: The Baptist Foundation of Arizona– A Chapter 11 Case Where the Ponzi Scheme Was in the Church

12:15-1:30 p.m o Luncheon Presentation: Legislative Update: Views from Inside the Capital Beltway 1:30-2:30 p.m. o The 2nd Annual Great Debates

2:45-3:45 p.m. Concurrent Sessions

o Consumer: Representing Small Business Clients Choose Business or Consumer Track

o Business: Financing a Chapter 11—Pre, During and Exit 4:00-5:00 p.m. o Judges’ Roundtable Featuring Judges of the 8th and 10th Circuits

BI World at www.abiworld.org/MW09

Registration

Name_ __________________________________________ Firm/Company_____________________________________ Title_ ___________________________________________ Address__________________________________________ City _________________ State ____ Zip_________________ Telephone ( Fax (

) _ _________________________________

)_ ______________________________________

E-mail _ _________________________________________ Conference Rates

Early Bird Regular Late (on-site)

(postmarked by)

(before 7/31/09) (by 7/31/09)

Consumer Track only* Business Track ABI Member ABI Govt./Academic Member Non-member** Govt./Academic Non-member*** Optional Event Cocktail Reception

(after 10/2/09)

o $245

o $245

o $295

o $295 o $195 o $545 o $290

o $345 o $245 o $595 o $340

o $395 o $295 o $645 o $390

o $25

* Consumer Track is for consumer practitioners only. If you are a business practitioner, please select the business track. Includes one-year membership for first-time members. Consumer track includes all plenary sessions, consumer concurrent sessions and Luncheon. ** Includes a one-year ABI membership for first-time members–a $275 value! Expired members should select the member rate and add in the membership renewal fee below. You must be an ABI member to attend the conference.

ABI Annual Membership Renewal (Optional)

Regular

$275

$ ________

Govt./Academic/Nonprofit

$95

$ ________

Continuing Education Credit

o CLE/CPE

Credit State(s) _ _______________________

(circle one)

Bar No. _____________________________

TOTAL $____________

o Check payable to American Bankruptcy Institute enclosed. o Charge to Credit Card o e o y o w Acct. No. _ _____________________________ Exp. Date _ _________ Signature _ ________________________________________________ Call ABI at (703) 739-0800 or visit ABI World at www.abiworld.org.

Fax completed form to (703) 739-1060, or mail completed registration form with payment to: P.O. Box 34709, Alexandria, VA 22314-0709, Attn: MW09

Register online at www.abiworld.org/MW09

Conference Information Hotel Located in the heart of the city’s business, government and theater districts, the stunning Kansas City Marriott Downtown provides a delightful stay for business and leisure travel. All guest rooms and suites offer spacious design and wireless Internet access. Each and every room is a Room that Works® – ergonomically designed for maximum efficiency. In the evenings, explore the bustling Kansas City Power & Light District, the Midwest’s premier entertainment epicenter. With more than 45 unique and captivating retail outlets, restaurants, bars and entertainment venues, the District offers something for everyone.

ABI has negotiated a special conference rate of $129 single/double per night. Reservations are limited, and rooms are held on a first-come, firstserved basis. Reservations may be made by individual attendees directly with the Marriott at (800) 228-9290 or (816) 421-6800, or online at www.marriott.com/mcidt. Click on the “Make a Reservation” link and use code MBIMBIA. ABI cannot guarantee registrants a room after September 18, 2009, or once the ABI room block is sold out.

Cancellation Policy All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by September 18, 2009. No refunds will be honored after September 18, but substitutions will be allowed.

Continuing Education Credit Approval for approximately 8 hours of CLE credit is available, including 1 hours of ethics. CPE credit is also available; mark the appropriate box on the registration form. California MCLE—ABI certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 8 hours.

ABI offers intermediate to advanced-level courses, which have no prerequisites for attendance. 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 jgood@abiworld.org.

Register online at www.abiworld.org/MW09

The urban public law school with a small liberal arts feel, the UMKC School of Law is dedicated to educating students to become outstanding lawyers serving the community in the highest traditions of the profession. UMKC is committed to producing significant scholarship that will enrich legal discourse among those who study and practice law.

Parking is also available at the Kansas City Marriott Downtown.

09 Midwestern Bankruptcy

Institute Sponsors

Berman, DeLeve, Kuchan & Chapman, LC BMC Group Bryan Cave LLP Epiq Systems Husch Blackwell Sanders LLP Lathrop & Gage L.C. MorrisAnderson & Associates Ltd. NachmanHaysBrownstein, Inc. Shook, Hardy & Bacon LLP Polsinelli Shughart PC Silverman Consulting Spencer Fane Britt & Browne LLP Stinson Morrison Hecker LLP Stone Leyton & Gershman University of Missouri-Kansas City School of Law

09 ABI Presidential Partner

44 Canal Center Plaza Suite 400 Alexandria, VA 22314 www.abi.org

Up to 8 hours of CLE credit, Including 1 hours of ethics, is available!

Register online at www.abiworld.org/MW09