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2018 Bankruptcy & Insolvency Law CLE
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Approved for 6.0 hours of CLE credit, including 1.0 hour of Ethics & Professionalism in Kansas and Missouri.

4/27/2018
When: Friday, April 27, 2018
Check- in begins at 8:30. Presentations are from 9:00 AM until 3:30 PM. (lunch is provided)
Where: The Wichita Boathouse
515 S. Wichita St.
Wichita, Kansas  67202
United States
Contact: Nancy Burghart
785-861-8827


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Approved for 6.0 hours of CLE credit, including 1.0 hour of Ethics & Professionalism in Kansas and Missouri.


Course Schedule   

8:30 a.m.     Check-in & Continental Breakfast

9:00 a.m.     Student Loans and Bankruptcy: Alternatives to Discharge
Edward Boltz, 
The Law Offices of John T. Orcutt, PC., Durham, NC
With discharge of student loans only available after showing an "under hardship": under the Bruner test, debtors, debtors' attorneys, Trustees and bankruptcy courts are increasingly turning to other alternatives to provide borrowers some measure of relief. Learn about income driven repayment plans for student loans and how those can work with consumer bankruptcy cases, particularly Chapter 13, and also claims litigation and other means of challenging student loans.
                  


9:50 a.m.     Chapter 13 Case Law Update & Misc. Issues
Jan Hamilton, Chapter 13 Trustee, Topeka
Carl Davis, Davis & Jack LLC., Wichita
Issues to be discussed include but not limited to;
   Mortgage issues
   New loans while in bankruptcy
   Substitution of collateral
   Wrecks
        

10:40 a.m.    Break

10:55 a.m.    Catching the Tiger By the Tail: Secured Lending Strategies When Dealing with an Insolvent
                      Borrower
Eric L. Johnson, Spencer Fane Et Al, Kansas City, MO
Andrew Muller,  Stinson Leonard Street LLP, Kansas City, MO
Sharon L. Stolte, Sandberg Phoenix & Von Gontard PC, Kansas City, MO
This program will discuss various techniques that lenders employ to protect themselves from a potential borrower insolvency including requiring the use bankruptcy remote special purpose entities, taking security interests in the equity interests of the borrower, waivers of automatic stay, common cash collateral/debtor-in-possession financing provisions including third party releases.

11:45 a.m.     Lunch (provided)

12:45 p.m.    Pursuit of Fraudulent Transfers and Other Chapter 7 Trustee Issues
Wesley F. Smith, Stevens & Brand LLP, Lawrence
Patricia Hamilton, Stevens & Brand LLP, Lawrence
In any bankruptcy case, the debtor has had numerous interactions with third parties pre-petition.  These interactions come in terms of transfers, payments, injuries and a whole host of other matters.  This presentation will not only assist the debtor practitioner in identifying these issues before you file the case, but also looks at the procedure and protocol of dealing with these claims and third parties by the trustee.   

1:35 p.m.     Anatomy of a Farm Bankruptcy
Dan Forker, Forker Suter  LLC, Hutchison
Brent King, GlassRatner, Kansas City, MO
John O'Brien, Spencer Fane LLP, Denver, CO.
This program will discuss the ins and outs of a farming insolvency including a discussion of items that are unique to this specific area and potential pitfalls for the unwary.

2:25 p.m.     Break

2:40 p.m.     Bankruptcy Crimes and Ethical Pitfalls for the Unwary Bankruptcy Practitioner
David P. Eron, Eron Law PA, Wichita
Neil S. Sader, Sader Law Firm LLC, Kansas City, MO
William J. Skepnek, Skepnek Law, Lawrence
The panel members will examine ethical issues related to the representation of business clients where potential bankruptcy crimes may be alleged. The session will explore the topic using the recent case of U.S. v. Lindemuth as a backdrop, with emphasis on the role of counsel in preventing contributing to, ameliorating, and disclosing potentially criminal acts of debtors.

3:30 p.m.     Adjourned

 

Program Presenters:

 


Edward Boltz,
The Law Office of John T. Orcutt, P.C., Durham, NC
Edward Boltz is a partner at the Law Offices of John T. Orcutt, P.C., where he has represented clients in not only Chapter 7 and 13, but also in related consumer rights litigation, including fighting abusive mortgage practices and developing solutions for student loans. Edward received his B.A. from Washington University in St. Louis in 1993 and his J.D. from George Washington University in 1996. He is a member of the NC State Bar, where he has been certified as a specialist in consumer bankruptcy law. He is admitted to practice before the Districts Courts in both the Eastern and Middle Districts of North Carolina.  Edward served as the President of the National Association of Consumer Bankruptcy Attorneys (ANACBA) from 2013 through 2016, and remains on its Board of Directors, co-chair the Legislative Committee.  He also serves on the Bankruptcy Council for the North Carolina Bar Association. Edward is a frequent speaker on bankruptcy issues at both national and local seminars, including at NACBA Conventions and Workshops, past NCLC Workshops, and the North Carolina Bankruptcy Institute. In April 2008, Edward testified on behalf of NACBA in Congress regarding the need for changes to the bankruptcy code to protect National Guard and Reservists from the harsh results of the Means Test, which was enacted as the National Guard and Reservists Debt Relief Act.

 


Jan Hamilton,
Chapter 13 Trustee, Topeka
Jan is a Washburn School of Law graduate.  After practicing law for over 20 years, he became the Chapter 13 Trustee for Topeka in 1998.  He is a fellow in the American College of Bankruptcy, was listed in Best Lawyer’s in American, had an “A” rating in Martindale Hubbell and was the first Chapter 13 Trustee to take a case to the United States Supreme Court.  That case, Hamilton v. Lanning marked a national turn in the interpretation of the “means test”.  He personally argued the case.  He and his staff attorney, Teresa Arnold wrote all of the briefs.  Jan has written many articles for national and regional publications.  He also authored and co-authored many sections KBA practice manuals on Chapter 11, 12 and 13.  Jan has been a frequent CLE, speaking around the nation on varied bankruptcy topics.

 


Carl Davis, Davis & Jack LLC, Wichita
Carl has been appointed as a standing Chapter 13 Bankruptcy trustee in Wichita, Kansas. 

 

 

 

 

 


Eric L. Johnson
Spencer Fane Et Al, Kansas City, MO
Eric is a partner at Spencer Fane LLP and is the co-practice group leader for the Banking and Financial Services Group. Eric represents clients in bankruptcy, non-bankruptcy insolvency proceedings, such as receiverships and foreclosure proceedings, out of court workouts and restructurings, and other related insolvency matters. In addition to being a frequent speaker on insolvency related topics, Eric is currently serving as the president elect and executive committee member for the Kansas Bar Association Bankruptcy and Insolvency Section, the chair of the Missouri Bar’s Business/Corporate Division, Communications Director for the ABI Secured Creditors Committee, and as a member of the Midwestern Bankruptcy Institute. In the past, Eric has served as the co-chair for the Missouri Bar’s Bankruptcy Creditor-Debtor Rights Committee, president and board member for the Kansas City Bankruptcy Bar Association, and as a member of the Bench Bar Committees for the U.S. Bankruptcy Courts for the District of Kansas and the Western District of Missouri. Eric  has been listed in The Best Lawyers in America for Bankruptcy and Creditor-Debtor Rights Law and Bankruptcy Litigation and in the Kansas City Business Journal’s  “Best of the Bar” as well as being listed as a Missouri and Kansas Super Lawyer by Super Lawyers. Eric was named by Best Lawyers in America as the “Lawyer of the Year (2017), Litigation – Bankruptcy” and by Super Lawyers in its 2017 edition as one of the top 50 lawyers in Kansas City.  

 


Andrew Muller, Stinson Leonard Street LLP, Kansas City, MO
Andrew is a partner in the Bankruptcy Division. He has represented banks and other lenders as creditors in bankruptcy cases and as plaintiffs or defendants in civil litigation. Andrew has experience representing clients at all stages of dealing with loan issues and problem loans, including drafting workout agreements, filing suit when appropriate and defending against lender liability lawsuits. Building upon his prior experience as a commercial litigator, Andrew uses his litigation skills to represent lenders in multiple types of lawsuits in addition to borrower disputes including check fraud cases, wrongful foreclosure cases, Fair Credit Reporting Act cases and Fair Debt Collection Practices Act cases. Prior to entering private practice, Andrew was a law clerk to the Honorable Gary A. Fenner in the Western District of Missouri, which provided a unique opportunity to observe and understand the operation of the federal court system, as well as obtain a detailed understanding of federal civil procedure. Having grown up on a farm in northeast Nebraska, Andrew has worked to combine his knowledge of farming and the agricultural economy with his skills in representing lenders in distressed loan situations. He has built a practice of working with lenders on their agribusiness loans, including ag production loans, equipment finance loans, crop input loans, and general farming operation loans and helping those lenders navigate the various state-specific laws associated with enforcing ag loans.

 


Sharon L. Stolte,
Sandberg Phoenix & Von Gontard PC, Kansas City, MO
Sharon  is the Managing Attorney of the firm’s Kansas City and Overland Park, Kansas offices, Sharon brings more than 25 years of experience in business law and business and commercial litigation. Sharon’s legal practice focuses on bankruptcy, Chapter 11 debtor and creditor issues, as well as Chapter 7 and Chapter 13 consumer debtor matters. She has represented creditors in all aspects of creditor rights litigation, claim objection litigation, collateral realization, mechanic liens, collections, foreclosures and replevin litigation. Sharon has also assisted financial institutions, lenders and large suppliers with consumer and commercial restructuring of troubled credits and other business matters. In addition to representing clients before both state and federal courts, she has served as national counsel for several Kansas City-based construction industry firms. As a result of the breadth of her practice and her years of experience, Sharon is well-known and highly regarded in the Kansas City legal community.

 

Wesley F. Smith, Stevens & Brand LLP, Lawrence
Wes is a graduate of Oklahoma State University, with a degree in Agricultural Economics, 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® 2017 Topeka, Kansas Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law “Lawyer of the Year.”   He lives in Lawrence with his wife Lisa and their some combination of their teenage children.  He still plays with cars….

 


Patricia Hamilton,
Stevens & Brand LLP, Topeka
Patricia is an attorney practicing in the areas of debtor and creditors' rights, commercial law and litigation, and bankruptcy matters. Patricia is listed in The Best Lawyers in America and is a member of the American Bankruptcy Institute, the American Bar Association,the Kansas Bar Association, and the Missouri Bar Association.

 

 

 

 

Daniel W. Forker, Forker Suter LLC, Hutchison
Dan graduated from Washburn University Law School in 1966, he joined the law firm of Hodge, Reynolds and Smith. That firm is the predecessor to the existing firm of Forker, Suter, Robinson, & Bell LLC which he is the Senior and Managing partner. Two years after graduation from Law School he was appointed Hutchinson Municipal Judge. He was the youngest sitting Judge in the State of Kansas at the time of his appointment. He handles domestic, reorganization bankruptcy and civil business litigation cases and is an experienced litigator. His reorganization bankruptcy practice involves representation of debtors in larger cases. Individually he has more confirmed Chapter 12 Bankruptcy cases (farm reorganizations or bankruptcies) than any other attorney in the state of Kansas and has clients in most counties of the state. He is the author of multiple writings for the Kansas Bar Association and is the author of the Chapter 12 Section of the current K.B.A. handbook on Bankruptcy. He is past Chairman of the Real Estate, Probate and Trust Section of the K.B.A. and (is presently the) has served multiple terms as Chairman of the Bankruptcy Section of the Kansas Bar Association. He has participated in reorganization bankruptcies ranging in size from more than $300,000,000 in assets to less than $100,000 in assets, and has a record of success in obtaining confirmation of reorganization plans in all types and sizes of such proceedings. He is an active participant in Bankruptcy studies and is recognized in Kansas and the surrounding states as a vigorous proponent of such reorganization plans, and is often retained by other attorney’s to provide assistance in obtaining Confirmation of a Reorganization when the original attorney has encountered difficulty concluding the matter. He has an extremely high percentage of successful bankruptcies. He has also conducted Alternative Dispute Resolutions of contested Bankruptcy issues always at the request of a currently sitting Bankruptcy Judges. His bankruptcy practice involves clients statewide and he is universally recognized as a vigorous litigant in such matters.

 


Brent King, GlassRatner, Kansas City MO

Brent is an executive management and financial advisory professional with over 20 years experience in distressed management and advisory services and 30 years experience as a corporate executive leader.   Prior to joining Glass Ratner, Mr. King served as the founder and principal professional of Prairie Advisors, a middle market corporate advisory firm that placed Mr. King into multiple interim management and advisory roles.  Mr. King has served as the C-level executive or senior advisor to many public and private corporations. Mr. King has extensive experience leading distressed business, operating complex start-ups and advising insolvent businesses.  His roles include:  CRO of public and private corporations in Ch11 bankruptcy; advisor to corporations for strategic planning in pre-bankruptcy periods; forensic investigator of financial fraud; Receiver of distressed real estate developments; Executor/CEO of a distressed real estate holding venture; director of patent-infringement defense; valuation advisor to buyers and sellers of corporate assets; liquidator of insolvent manufacturing facilities; M&A advisor to agricultural equipment and automobile dealerships. Mr. King has worked with corporations operating in a broad range of industry sectors, including: biodiesel production; ethanol production; metal manufacturing; plastic injection molding; agricultural grain production; automobile dealerships; agriculture equipment dealerships; truck-based logistics; truck body manufacturing; livestock equipment distribution; livestock and dairy production.

 


John O'Brien, 
Spencer Fane LLP, Denver CO
John is a partner at Spencer Fane LLP. John  practices in banking, agrifinance, commercial finance, commercial law, lender liability defense, agriculture law, agricultural transactions, receivership, creditors rights, and bankruptcy. He has a national agrifinance practice and has closed over $1,000,000,000 of financings on livestock production facilities (including cattle, dairy, hogs, buffalo, poultry and sheep), public elevators, public warehouses, irrigated farms, dryland farms, ranches and other commercial enterprises. John represents national and regional financial institutions and issuers of domestic and international letters of credit securing commodity sales and transactions. He has visited more than 100 livestock production facilities in Texas, Oklahoma, Kansas, Nebraska, Colorado, Wyoming, Iowa and New Mexico. John has litigated, mediated or resolved lien priority disputes, commercial disputes and cattle frauds throughout the United States and has been lead counsel for the primary creditor in more than 100 receiverships in Kansas, Nebraska, Wyoming, Colorado, Iowa, Ohio and Mississippi. He regularly practices under the Packers and Stockyards Act and is a Colorado Super Lawyer in the area of Banking. John is a long-time cattle feeder, and grows wheat and corn on his Colorado farms. In 2015, John received both the
                                     Barrister’s Best and People’s Choice Awards for the Best Agricultural Lawyer in Colorado.


David P. Eron, Eron Law PA, Wichita
David Prelle Eron is the owner of Eron Law, P.A., in Wichita, Kansas.  He represents businesses and consumers in bankruptcy, litigation, and commercial transactions, with a primary focus on chapter 11 and 12 cases.  He is certified by the American Board of Certification as a business bankruptcy specialist.  Prior to forming Eron Law, David worked as a Trial Attorney for the U.S. Trustee in Kansas.  He is a native of California and started his career there representing debtors, trustees, and creditors in all chapters of bankruptcy.  David has been recognized with the KBA's Pro Bono Certificate in 2013, inclusion on the SuperLawyers list since 2012 in the area of business bankruptcy, Martindale-Hubbell’s AV rating, and Avvo’s Client Choice Award.  He was also listed as one of Wichita’s “40 Under 40” in 2015.  David is the immediate past president of the KBA Bankruptcy and Insolvency Section, is a past member of the Kansas Bankruptcy Bench Bar Committee, and has been a member of the Wesley E. Brown Inn of Court since 2013. He regularly presents seminars and writes articles on bankruptcy related topics.  David received his B.A. in Political Science from Iowa State University in 1998 and graduated with honors from the University of Iowa College of Law in 2002.  

 

 

Neil S. Sader, Sader Law Firm LLC, Kansas City MO
Neil began his legal career in 1984, after graduating from the University of Kansas School of Law.  In 1986, he began working in the bankruptcy field, helping consumer debtors in Chapter 7 and 13.  After becoming a partner with a small Kansas City firm he and Gregory M. Garvin (now an Assistant U. S. Trustee in Colorado) formed Sader & Garvin, LLC to further concentrate in all types of bankruptcy work.  The firm, now The Sader Law Firm, has grown to into the largest debtor-oriented bankruptcy firm in the Kansas City area.  The Firm handles both debtor and creditor work in Chapters 7, 11 and 13 in Kansas and Missouri.  In addition, the Firm also works in the areas of commercial real estate and collections.  Neil is certified as a Consumer Bankruptcy Specialist by the American Board of Certification, maintains an “AV” rating from Martindale, a 10 Rating from Avvo, and has been listed as a Super Lawyer since 2006.    On a personal level, Neil enjoys involvement in governmental and community affairs. He remains today a “recovering politician.” He has served on numerous civic boards and committees and as a County and City Planning Commissioner as well as a City Council member in Overland Park, Kansas. Neil is also an active alumnus of Columbia University and Chairs the Kansas City Alumni Recruiting Committee for Undergraduate Admissions.  Neil coached youth baseball teams and is a long time Kansas City Chiefs and Royals fan.  He currently serves on the Board of Directors for the Jewish Community Relations Bureau in Kansas City and the Youth Symphony of Kansas City. Neil and his wife Bitsy have three grown children, Samantha Sader who is a Domestic Relations attorney in Kansas City with Fisher Law, Danny who works as a Assistant in the Scouting Department for the Oakland Athletics, and Lani, a student at Columbia University.   Neil and Bitsy also enjoy traveling as much as possible. 

 

 

William J. Skepnek, Skepnek Law, Lawrence
Bill’s practice has focused on trial work and complex litigation.  During the past 40 years Bill has tried over 100 cases in Kansas, Missouri, Oklahoma, Texas, Colorado, and California.  He has prosecuted claims for, and defended, both individual and corporate clients.  He has handled cases involving professional liability, oil and gas, Federal Antitrust claims, RICO, and general commercial litigation. He has tried complex Federal Criminal cases in Oklahoma and Kansas.  He has taken the lead in developing the law of aggregate settlement litigation, a subject upon which he has published and spoken at national seminars. Bill has served as regional defense counsel for a major defendant in the asbestos litigation with responsibility for defending thousands of asbestos claims in a 7-state region that included the State of Texas. Bill is licensed in Kansas, Oklahoma, and Texas, and has been admitted to practice in United States District Courts in those states, as well as U.S. District Courts in California and Colorado, the Tenth, Fifth, and Eighth Circuit Courts of Appeal, and the United States Supreme Court.  He has argued cases before the Supreme Courts of Kansas, Oklahoma, and Texas. Bill is AV rated by Martindale-Hubbell, and has been included in numerous SuperLawyers lists.  Bill has also taught at the University of Kansas where from 1991 to 2010 he was adjunct faculty teaching Honors Western Civilization, and in the Fall of 2005 was appointed and served Director of the Study Abroad Program for Western Civ.  He is scheduled to teach an Honors Class at KU in the Fall, 2018.  Bill received a B.S.E. from KU in 1974, where he lettered in varsity football 1971-1973, and he received his J.D. from KU in 1978.

 

Registration Information

~~ Lunch is included in registration fee ~~
  • KBA Bankruptcy & Insolvency Section Member     $190
  • KBA Young Lawyers Section Member                     $210
  • KBA Member Registration     $240
  • Non-member Registration       $450
  • Paralegal Registration             $180
  • Paper Materials (optional)        $30

 

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