Bankruptcy Fundamentals & Advanced Bankruptcy Institute
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 Export to Your Calendar 5/9/2019 to 5/10/2019
When: Thursday, May 9 - Friday, May 10, 2019
9:00 AM - 4:00 PM CT
Where: Map this event »
Embassy Suites Hotel & Conference Center
12520 Westport Pkwy
La Vista, Nebraska  68128
United States


Online registration is available until: 5/9/2019
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MCLE Accreditation
Thursday, May 9
NE MCLE #172933; IA MCLE #317478. 5.25 CLE Hours [1 Ethics] (Regular/Live)
NE MCLE #172932; IA MCLE #317479. 5.25 CLE Hours [1 Ethics]
(Distance Learning)
Friday, May 10
NE MCLE #172940; IA MCLE #317481. 5.5 CLE Hours [0 Ethics]. (Regular/Live)
NE MCLE #172939; IA MCLE #317480. 5.5 CLE Hours [0 Ethics]. (Distance Learning)

**Webinars are conducted via the GoToMeeting platform.  Click here for system requirements.

Download PDF Registration Form

Registration Fees

Thursday, May 9th ONLY
$325 - Regular Registration
$370 - Regular Registration + Printed Materials
$250 - NSBA Voluntary Dues-Paying Member
$295 - NSBA Voluntary Dues-Paying Member +Printed Materials
FREE - Law Student
 
  Friday, May 10th ONLY
$325 - Regular Registration
$370 - Regular Registration + Printed Materials
$250 - NSBA Voluntary Dues-Paying Member
$295 - NSBA Voluntary Dues-Paying Member + Printed Materials
FREE - Law Student
 
   Both Days (May 9 & May 10)
$525 - Regular Registration
$570 - Regular Registration + Printed Materials
$375 - NSBA Voluntary Dues-Paying Member
$420 - NSBA Voluntary Dues-Paying Member +Printed Materials
FREE - Law Student

Optional Fees
$45 - Printed Materials Only


Thursday, May 9 - Fundamentals

9:00 am    WELCOME and Introduction
T. Randall Wright, Esq., Baird Holm LLP

9:15 am    The Basics Concepts of Bankruptcy
Laura E. Troshynski, Esq., Pederson & Troshynski
Michael J. Whaley, Esq.,, Cline Williams Wright Johnson & Oldfather, LLP

This session will start at the beginning with a discussion of the purpose of bankruptcy laws and then proceed to the critical concepts that any practitioner must understand—including bankruptcy court jurisdiction, pre-emption, what constitutes a “claim” in bankruptcy, what makes up the bankruptcy estate, the automatic stay, exemptions, how security interests are treated in bankruptcy, and the purposes of the different chapters.

10:30 am   Break

10:45 am   Filing of Motions, Court Procedures and Tips for an Effective Presentation
Hon. Shon Hastings, U.S. Bankruptcy Court, District of North Dakota
Hon. Thomas L. Saladino, Chief Judge, United States Bankruptcy Court

Knowing the fundamental legal concepts is the start, but lawyers need to know courtroom procedures and how to advocate effectively for their clients. They need to know when to file a motion, and when to file an adversary proceeding, the critical importance of serving
notices, and frequenly used [and abused] bankruptcy rules.

11:45 am   Lunch

 

12:45 pm  Chapter 7 Bankruptcy
Patrick M. Patino, Esq., Koenig|Dunne, PC LLO; T. Randall Wright, Esq., Baird Holm LLP

In order to counsel your client on which Chapter to file, you need to know how each of them works. In this session, lawyers will learn what makes a Chapter 7 different than an 11 or 12, and its advantages and disadvantages for the debtor and the creditor.

1:30 pm    Chapter 12 and Chapter 13 Bankruptcy Plans
Kathleen A. Laughlin, Chapter 13 Bankruptcy Trustee;
James A. Overcash, Esq., Woods & Aitken LLP

Chapters 12 [for farmers] and 13 [for “wage-earners”] are similar in some ways, but Chapter 13 is far more common. This session will discuss the key parts of a plan for each chapter and show where the most common problems and objections occur, and how they can be overcome. The session will also talk about what creditors can do if the debtor does not perform under the plan.

2:45 pm    Break

3:00 pm    Red Flags: Ethics and Conflicts for the Bankruptcy Lawyer
Jerry L. Jensen, Acting Assistant United States Trustee, United State Bankruptcy Court

This session will review ethical issues commonly encountered in bankruptcy cases and will discuss Rules of Professional Conduct, Bankruptcy Code and Rules, and recent decisions dealing with such issues as engagement agreements, employment of professionals, compensation and fee applications, required disclosures, conflicts of interest, and “disinterestedness” of a professional under the bankruptcy code.

 
Friday, May 10 - Advanced

9:00 am    Tools That the Bankruptcy Code Gives Debtors
Brian J. Koenig & Donald Swanson Koley Jessen, PC LLO

The Bankruptcy Code gives debtors a number of useful “tools” for restructuring their debts. These include exemptions, avoidance actions, the ability to have the bankruptcy court decide tax issues, the automatic stay, reaffirmations, rejection of executory contracts, dividing of claims of a creditor into secured and unsecured claims, surcharges, using a creditor’s cash collateral, and borrowing money based on administrative expense claims or senior liens. This session will discuss each of these and how they can assist the debtor in the restructure of the debtor’s finances.

10:15 am    Break

10:30 am    Tools That the Bankruptcy Code Gives Creditors
Richard P. Garden, Jr., Esq. & Gregory S. Frayser, Cline Williams Wright Johnson & Oldfather, LLP; Brian J. Koenig & Donald Swanson, Koley Jessen, PC LLO; T. Randall Wright, Esq., Baird Holm LLP

Just as the debtor has tools to assist him or her in restructuring finances, the bankruptcy code gives the creditor some useful tools as well. This session will discuss grounds for relief from the automatic stay, obtaining adequate protection, appointment of a trustee or examiner, objections to plans, objections to discharge, 1111(b) elections, motions to dismiss the case, objecting to use of cash collateral, proceedings to determine validity, and extent and priority of liens.

11:45 am   Lunch

 

12:45 pm   Advanced Concepts in Bankruptcy
Gregory S. Frayser, Cline Williams Wright Johnson & Oldfather, LLP; T. Randall Wright, Esq., Baird Holm LLP; Jerry L. Jensen, Acting Assistant United States, United States Bankruptcy Court; Hon. Charles L. Nail, Jr., U.S. Bankruptcy Court, District of South Dakota; Hon. Thomas L. Saladino, Chief Judge, United States Bankruptcy Court; Brandon R. Tomjack, Baird Holm LLP:Patrick R. Turner, Esq.,Dvorak Law Group

This session will go deeper into the legal concepts that are involved in more complicated bankruptcies, especially (but not exclusively) in Chapter 11. Topics will include: Valuing Collateral in various bankruptcy scenarios; More about stay relief litigation; Cash Collateral and Replacement Liens; Section 363 Sales Free and Clear of Liens and Claims; Chapter 11 Plans and Objections; Role of Chapter 11 Trustee, Creditors Committees and other committees; The Absolute Priority Rule; Effect of Confirmation of a plan; More about Executory Contracts; and Appeals from a bankruptcy court order or judgment.

2:15 pm    Break

2:30 pm    Advanced Concepts in Bankruptcy [continued]

4:00 pm    Adjourn