Bankruptcy Chapter 12: Things to Consider When Representing the Distressed Agricultural Borrower
A Bankruptcy & Insolvency Section CLE Webinar
Tuesday, July 28th, 2020
Noon - 1:00 pm CDT
(1 hour of General credit)
Experts in relating bankruptcy to agribusiness, presenters Tom Barnes and Wes Smith will discuss variables such as whether there is equity in land, the timing of crop planting, and the dynamics of the “Greater Family Economic Enterprise.”
The program will detail the following:
I. Pre-filing Considerations: To file or not to file?
II. Timing: We’ve determined that a bankruptcy needs to be filed, but when?
III. Filing: We’re ready to file, now what?
IV. Post-Filing: Maintenance of the Plan
Tom was born in Hays, Kansas on February 1, 1963 and raised on the family farm and ranch with his five brothers and three sisters. Tom attended public schools in Hays, Kansas and graduated from Hays High School in the spring of 1981. In the fall of 1981, Tom started college at Fort Hays State University where he earned a B.A. in Political Science and minor in Geology in 1985, graduating Suma Cum Laude. While at Fort Hays, Tom was a member of Phi Cappa Phi honorary society and active in the Geology and Political Science Clubs.
Upon graduating from Fort Hays, Tom attended Washburn University of Topeka School of Law, where he earned his J.D. in December of 1987. While at Washburn University, he was Vice-President for the Washburn Moot Court Council and an inductee to the Independent Order of Barristers. Tom was admitted to the bar in 1988 and practices before the U.S. District Court for the District of Kansas, the Kansas State Appellate, District and Municipal Courts and is licensed to practice before the tribal courts of Prairie Band Potawatomi and Kickapoo Tribe in Kansas. Since becoming an attorney, Tom has served as City Attorney for the cities of Rossville, Harveyville, Emmett, Auburn, Alta Vista and Mayetta, Kansas, and has served as the Municipal Court Prosecutor for Maple Hill, Perry, Silver Lake, Eskridge and Auburn, Kansas. He has also served as the Tribal Prosecutor for the Prairie Band, Potawatomi Nation. He is a member of the Topeka Bar Association and Kansas Bar Associations, having served as President and a director of the Topeka Area Wide Bankruptcy Council and presently serving at the Continuing Education Liaison for the Bankruptcy and Insolvency Section of the Kansas Bar Association. Tom served on the Bankruptcy Court Bench/Bar Rules Committee from 2007 to 2010.
Tom files cases under Chapters 7, 11, 12 and 13 of the Bankruptcy Code practicing in the areas of farm, consumer and small business bankruptcy. In addition, Tom practices in the areas of probate and estate administration, estate planning, contract, commercial and general business practice. He is peer rated as preeminent through Martindale Hubbell and has been recognized as a Super Lawyer in the area of Bankruptcy. Tom lives in rural Shawnee County with his wife Lori.
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® 2015, 2017 and 2019 Topeka, Kansas Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law “Lawyer of the Year.” He lives in Lawrence with his wife Lisa and some combination of their teenage children. He still plays with cars….