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2016 Bankruptcy & Insolvency CLE
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Approved for 7.0 hours of CLE credit, including 1.0 hour of ethics and professionalism credit in Kansas and Missouri.

4/8/2016
When: Friday, April 8, 2016
Registration begins at 8:30. Seminar is from 9:00 until 3:35
Where: Maner Conference Center
1717 SW Topeka Blvd.
(at 17th & Western)
Topeka, Kansas  66612
United States
Contact: Dawn Phoenix
785-861-8811


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Approved for 7.0 hours of CLE credit, including 1.0 hour of ethics and professionalism credit in Kansas and Missouri.

 

Course Schedule  

8:30 a.m. • Registration & Continental Breakfast

9:00 a.m. • Recent Attorney’s Fee Issues in Business and Consumer Bankruptcies (didn’t we just do this….?)
Wesley F. Smith,
Stevens & Brand LLP, Lawrence/Topeka

Attorney’s fees seem to be a perennial topic in recent bankruptcy seminars and practitioner discussions. “No look” or fees, “Wark” cases, flat fees and base fees are becoming all too often used buzz words in the bankruptcy court. New litigation is being handed down frequently in this field. Never before in the history of bankruptcy jurisprudence, has so much litigation sprouted in regard to attorney’s fees.
This presentation will help the Kansas practitioner navigate the minefield of Attorney’s Fees in Chapter 7, 11, 12 and 13 cases.

9:50 a.m. • Understanding The Intersection of Taxes and Bankruptcy
Hon. Robert D. Berger,
Judge, U.S. Bankruptcy Court, Kansas City
Susan A. Berson, Berson Law Group LLP, Overland Park

An understanding of how tax issues can affect the bankruptcy process is key to debtors and creditors in a case. This presentation addresses the basics for attorneys new to the bankruptcy world, and also offers practice pointers for experienced practitioners.

10:40 a.m. • Break

10:55 a.m. • Change is Coming to Business Bankruptcy
Eric L. Johnson,
Spencer Fane Britt & Browne LLP, KCMO
Mark G. Stingley, Bryan Cave LLP, KCMO

The world and the nature of business has markedly changed since the Bankruptcy Code was first enacted in 1978. Chapter 11, however, has remained substantially the same during this time. Recognizing this fact, the American Bankruptcy Institute organized a Commission to study the reform of Chapter 11, which issued its Final Report and Recommendations in late 2014. Additionally, in recent years, several states have undertaken their own modernization efforts of their antiquated insolvency laws. This session will highlight several of the proposed reforms being recommended as well as other modernization efforts in various states and how the same may ultimately impact the business bankruptcy practice.

11:45 a.m. • Lunch (provided)
** The provided lunch is sponsored by Hinkle Law Firm LLC, Wichita

12:00 p.m. • Luncheon Presentation: Where Things Stand: The State of the Bankruptcy Judiciary and Law
Hon. Robert E. Nugent,
Chief Judge, U.S. Bankruptcy Court, Wichita
** The Luncheon Presentation is sponsored by Lentz, Clark & Deines P.A., Overland Park

12:50 p.m. • You Are Not Exempt from Exemption Issues and More
Karin N. Amyx,
Staff Attorney, Laurie B. Williams, Chapter 13 Trustee, Wichita
Patricia E. Hamilton, Stevens & Brand LLP, Lawrence/Topeka
Shawn C. Jurgensen, Williamson & Jurgensen LLP, Topeka

An experienced panel will discuss items you thought were exempt, but may or may not be, such as Health Savings Accounts, Self Directed IRAs, Inherited IRAs, Tools of Trade and Intellectual Property, etc. The panel will also discuss other exemption issues such as the 730 day residency rule, extraterritorial rules and the problems with enhancing exemptions with unsecured debt.

1:40 p.m. • Break
** The afternoon break is sponsored by Stevens & Brand LLP, Lawrence/Topeka

1:55 p.m. • A Review of Recent Bankruptcy Decisions
Hon. Dale L. Somers,
Judge, U.S. Bankruptcy Court, Topeka
J. Michael Morris, Klenda Austerman LLC, Wichita

Selected recent bankruptcy decisions of interest to Kansas bankruptcy lawyers will be discussed.

2:45 p.m. • Common Ethical Issues in Social Media and Online Advertising
Deborah L. Hughes,
Office of the Disciplinary Administrator, Topeka
Kimberly L. Knoll, Office of the Disciplinary Administrator, Topeka

A review of ethical dilemmas lawyers have found themselves in as a result of using social media and forms of online advertising.

3:35 p.m. • Adjourned

 

Sponsors

 

Presenters

Mrs. Amyx is staff attorney to Laurie B. Williams, the Standing Chapter 13 Trustee for the division of Wichita, Kansas. Mrs. Amyx received a B.A. in Psychology with a Pre-Law minor from the University of Colorado in 2005 and graduated from Washburn University School of Law, with Dean’s Honors in May 2009. From November 2009 to August 2012, Mrs. Amyx was an associate attorney at the law firm of Bruce, Bruce & Lehman, L.L.C., practicing in various areas, including collections, bankruptcy (creditor/debtor), landlord-tenant, family law and probate. In August 2012, Laurie Williams hired Mrs. Amyx as her staff attorney, where she now practices Chapter 13 bankruptcy law exclusively. Mrs. Amyx is a member of the Wichita Bar Association and a board member of the Wichita Women Attorneys’ Association.

 

Hon. Robert D. Berger, Judge, U.S. Bankruptcy Court, Kansas City
Judge Berger received his B.A. in history and political science from the University of Kansas in 1983 and his J.D. from the Washburn University School of Law in 1986. After graduation, Judge Berger entered private practice. In 2003, he was appointed to the Kansas City Division of the Bankruptcy Court. Prior to his appointment, Judge Berger practiced law as a bankruptcy and insolvency specialist representing debtors and creditors. He was among the first group of attorneys in Kansas and Missouri certified by the American Board of Certifications in both consumer and business bankruptcy law. Judge Berger has written numerous articles on bankruptcy issues; is a contributing author to Collier on Bankruptcy, published by Matthew Bender/LexisNexis; and is a contributing author for the Kansas Bar Association’s Bankruptcy Handbook. He is also editor of the Kansas Bar Association’s Family Law Handbook chapter on bankruptcy. Judge Berger has also served as a frequent lecturer on bankruptcy, insolvency and related tax issues. He counts among his affiliations membership in the American Bankruptcy Institute and the National Conference of Bankruptcy Judges. He is also a founding member of the Kansas chapter of the Federal Bar Association.

Susan A. Berson, Berson Law Group LLP, Overland Park
Susan A. Berson has over 20 years experience in IRS civil, criminal and regulatory matters. She began her career in the Attorney General Honors Program with the U.S. Department of Justice, Tax Division, in Washington, D.C. Her trial experience was recognized with the Outstanding Attorney Award by the Attorney General in 1996, and by 1998, she entered private practice to represent taxpayers. She has advised clients in various industries and professions, including lawyers and accounting professionals, about state and IRS audits, appeals, litigation, and consulted on the tax consequences of sales transactions, severance, settlements, judgments, tax-related investments and proactive planning measures to help her clients achieve their respective goals. She practices law with her husband, Dave, who specializes in banking and corporate law. For the past ten years, both Susan and Dave have been honored to be included by the Business Journal of Kansas City in its “Best of the Bar” publication in the categories of Tax, and Banking, respectively. Susan is the author of many articles and four books: Federal Tax Litigation (Law Journal Press) which she is responsible for updating twice a year, Personal Finance for Professionals (2d ed. ABA 2014); The Lawyer’s Retirement Planning Guide (2d ed. ABA 2014), and “The Dodd-Frank Wall Street Reform and Consumer Protection Act: From Legislation to Implementation to Litigation (ABA 2011)(co-author). Coinciding with the topics in her books and articles, Susan enjoys speaking at legal, banking and professional association conferences.

Patricia E. Hamilton, Stevens & Brand LLP, Lawrence/Topeka
Hamilton is a partner with the firm of Stevens & Brand, LLP. Prior to joining Stevens & Brand, Patricia practiced in Topeka with the firm of Wright, Henson, and in Kansas City with the firm of Stinson Morrison Hecker. Patricia earned her J.D. from Washburn University School of Law, graduating cum laude. She served as Law Clerk to the Honorable John T. Flannagan, U.S. Bankruptcy Judge, from 1990 to 1996. Patricia’s practice focuses on bankruptcy, commercial law, debtor-creditor rights, and banking law. Patricia has represented numerous parties in the Bankruptcy Courts in Kansas and Missouri, including Chapter 7 and Chapter 11 trustees, unsecured creditors’ committees, liquidating trustees, and creditors holding secured and unsecured claims. Since 2004, Patricia has served as a Chapter 7 bankruptcy trustee for the District of Kansas. In the spring of 2010, Patricia served as an adjunct professor at the Washburn University School of Law for the Debtor Creditor Relations class.

Deborah L. Hughes, Office of the Disciplinary Administrator, Topeka
Deborah Hughes is a Deputy Disciplinary Administrator with the Office of the Disciplinary Administrator. She is a 1989 graduate of the University of Kansas School of Law. After law school, she worked in private practice as an associate with the Topeka law firm of Scott, Quinlan & Hecht. She joined the Shawnee County District Attorney’s Office in 2001, where she was responsible for the office’s appeals and post-conviction cases. From 2004 through 2012, she worked for the Kansas Supreme Court as the Court’s Special Projects Attorney. Prior to joining the Disciplinary Administrator’s Office in November 2013, Ms. Hughes worked as an appellate defender with the Kansas Appellate Defender Office.


Eric L. Johnson, Spencer Fane Britt & Browne LLP, KCMO
Johnson is a partner at Spencer Fane Britt & Browne LLP in Kansas City. His practice involves representation of creditors, trustees, debtors, and other interested parties in insolvency related matters. Johnson received his under graduate degree the University of Northern Iowa, and his law degree from the University of Iowa College of Law. In addition to being a frequent speaker on insolvency related topics, Johnson is currently serving as an executive committee member for the KBA Bankruptcy and Insolvency Section, co-chair for the Midwest Bankruptcy Institute Advisory Board and the Missouri Bar Bankruptcy-Creditor Debtor Rights Committee, Membership Director for the ABI Bankruptcy Litigation Committee, and as a member of the Advisory Board for the U.S. Bankruptcy Court for the Western District of Missouri. Johnson is a past president of the Kansas City Bankruptcy Bar Association and former member of the Bench Bar Committee for the U.S. Bankruptcy Court for the District of Kansas.


Shawn C. Jurgensen, Williamson & Jurgensen LLP, Topeka
Mr. Jurgensen is in private practice in Topeka where he represents debtors in chapters 7 and 13 while also representing a chapter 7 bankruptcy trustee. Mr. Jurgensen has a J.D. from Washburn University School of Law, where he has served as an adjunct lecturer. He is a member of the Topeka Area Bankruptcy Council, the Topeka Bar Association, the Kansas Bar Association, and the National Association of Bankruptcy Trustees.

  


Kimberly L. Knoll, Office of the Disciplinary Administrator, Topeka
Knoll is a graduate of the University of Kansas and Washburn University School of Law. She was admitted to practice in 1999. Before law school, she worked as a regional training manager for Hallmark Cards based out of Denver, Colo. After law school, she worked as a research attorney for the Honorable David S. Knudson, Kansas Court of Appeals. She was a felony prosecutor in the Shawnee County District Attorney’s Office and has been a Deputy Disciplinary Administrator since 2008.

  

 

J. Michael Morris, Klenda Austerman LLC, Wichita
Morris is a peivate practitioner in Wichita, in addition to serving as a Chapter 7 Bankruptcy Trustee since 1984. He has an undergraduate degree (1973) as well as a law degree (1976) from the University of Kansas. From 1977 to 1982, he was a Law Clerk and Chief of Staff Attorney for the Kansas Court of Appeals. He was a Member (1989-2004) and Chairman (1993-1998), for the Local Rules (Bench Bar) Committee, Bankruptcy Court for the District of Kansas. He is cutrrently a member of the National Association of Bankruptcy Trustees and the American Bankruptcy Institute. He has been listed in 'Best Lawyers in America' for a number of years.

 

Hon. Robert E. Nugent, Chief Judge, U.S. Bankruptcy Court, Wichita
The Honorable Robert E. Nugent, III has been a United States Bankruptcy Judge for the District of Kansas since June 14, 2000, and Chief Bankruptcy Judge since 2002. He has also been a member of the United States Bankruptcy Appellate Panel for the Tenth Circuit since 2002. He formerly practiced law with the Wichita firm of Morris, Laing, Evans, Brock & Kennedy, Chartered, mostly in the areas of business litigation, real estate and insolvency. Judge Nugent was President (2014-2015) of the National Conference of Bankruptcy Judges and has also been the Secretary (2010-2012) and a member of the NCBJ's Board of Governors (2006-2009) Nugent is a Fellow of the Anerican Ciollege of Bankruprcy (Class XXIII). He frequently speaks to the Bar on bankruptcy practice topics. He was a co-editor and chapter author of the Kansas Bankruptcy Handboook, Third Edition, Kansas Bar Association (2009). He wrote Part VI of Bloomberg Law: Bankruptcy Treatise about Chapter 12. He is a member of the Board of Editors of the Journal of the Kansas Bar Association (2010-) Nugent graduated from the University of Kansas with honors in English and Political Science in 1977 and received his Juris Doctorate from the University of Kansas School of Law in 1980.

Wesley F. Smith, Stevens & Brand LLP, Lawrence/Topeka
Wes is a graduate of Oklahoma State University and the University of Kansas School of Law. He is the past-president of the Bankruptcy and Insolvency Section of the Kansas Bar Association. He is a partner at Stevens & Brand, LLP in Lawrence and Topeka, and primarily represents debtors and creditors in bankruptcy cases. Wes has been an adjunct professor of law at the University of Kansas teaching commercial law, and is frequently a lecturer on bankruptcy and commercial law for continuing education classes. Since 2009 Smith has been selected to the Kansas Super Lawyers list in the area of bankruptcy & creditor/debtor rights. Since 2008 he has been chosen by his peers for inclusion in The Best Lawyers in America© in the area of bankruptcy. Wes was recently named the Best Lawyers® 2015 Kansas City, Kansas Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law “Lawyer of the Year.” He lives in Lawrence with his wife Lisa and their three over-scheduled kids. He still plays with cars….

Hon. Dale L. Somers, Judge, U.S. Bankruptcy Court, Topeka
Somers was a private practitioner in Topeka for 32 years, prior to becoming a bankruptcy judge in September, 2003. In March, 2010 Somers was appointed to the Bankruptcy Appellate Panel for the Tenth Circuit. He has an undergraduate degree from Kansas State University and a law degree from the University of Kansas. He is a past president of the Kansas Bar Association. He was included in the publication “Best Lawyers in America” in the area of bankruptcy for many years. Prior to becoming a judge, he was selected to be a fellow of the American Bar Association and to membership in the American College of Bankruptcy.

 

Mark G. Stingley, Bryan Cave LLP, KCMO
Mr. Mark Stingley, a graduate of William Jewell College in 1974 and the University of Missouri – Kansas City School of Law in 1977, is the Global Head of the Bankruptcy, Restructuring and Creditors’ Rights Client Service Group for Bryan Cave LLP. He represents both a number of lending institutions in litigation and insolvency matters as well as debtors in workout and bankruptcy related matters. In addition, he has represented a number of commercial and lending clients in real estate and commercial litigation cases in both state and federal courts in a number of other jurisdictions. He has been selected as a Fellow of the American College of Bankruptcy in its 2014 Class. He further is an Adjunct Professor at the University of Missouri – Kansas City School of Law where he teaches a course entitled “Debtor-Creditor Relations”. He has contributed to chapters in two Thomson West books entitled “Strategic Alternatives for Distressed Businesses” and “Commercial Bankruptcy Litigation”. He further has co-authored a chapter in the Missouri CLE Desk Book on Bankruptcy entitled “Executory Contracts and Leases”, and spoken many times on bankruptcy subjects including at the national meetings of the Commercial Finance Association, the ABA Business Bankruptcy Law Section, and the American Bankruptcy Institute. He served as the Education Director for the Secured Creditors Committee of the American Bankruptcy Institute and now serves on the National Board of Directors of the American Bankruptcy Institute as will as its National Education Committee. He also was one of 130 professionals, academics and judges appointed nationally to one of the 10 Advisory Committees reporting to the ABI’s Chapter 11 Reform Commission. In his case he was appointed to the Executory Contracts and Unexpired Leases Committee. He served annually for twenty years as co-moderator of the American Bankruptcy Institute’s Midwestern Bankruptcy Institute. He further has been listed annually as “Best of the Bar” in Kansas City, a “Super Lawyer” in Missouri and Kansas, and in “Best Lawyers in America”. In connection with his “Super Lawyers” selection, he was selected as one of the top 100 lawyers in Missouri and Kansas and one of the top 50 lawyers in Kansas City. Finally, he has been named by “Best Lawyers in America” as the 2014 Kansas City “Bankruptcy Litigation Lawyer of the Year” and the 2016 Kansas City “Bankruptcy and Insolvency Lawyer of the Year” .

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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