Total Credits: 7.0 MCLE, 2.0 Ethics, 1.0 Elimination of Bias, 7.0 Kansas Credit-General, 2.0 Kansas Ethics
8:30-9 a.m. | Registration
9-10:40 a.m. | Case law updates
Speakers: Andrea M. Chase, Spencer Fane LLP, Kansas City; and Jesse Langford, Licata Bankruptcy Firm, PC, Springfield
10:40-10:55 a.m. | Break
10:55-11:45 a.m. | Chapter 13 updates and refreshers
Speakers: Dana M. Estes, Office of the Chapter 13 Trustee, Kansas City; and Nicolette L. Robovsky, Reed Law, PC, Jefferson City
Update on recent case law in Chapter 13 bankruptcy cases and practice pointers. Panelists will review:
• Property of the estate - case law update and discussion of joint ownership
• Discussion of valuation and non-exempt equity issues
• Understatement of income refresher
• Post-petition tax claims
• Plan completion issues
11:45 a.m.-12:30 p.m. | Lunch (provided)
12:30-1:20 p.m. | Elimination of bias
Speaker: Christa B. Moss, United States Attorney's Office, Kansas City
1:20-1:35 p.m. | Break
1:35-2:25 p.m. | Business reorganization scenarios
Moderator: Paul M. Hoffmann, Stinson LLP, Kansas City
Speakers: Christopher T. Borniger, Office of the United States Trustee, Kansas City; and Sharon L. Stolte, Sandberg Phoenix & Von Gontard PC, Kansas City
A business typically reorganizes for one of two reasons: To improve efficiency or to increase revenue. Business reorganization, then, refers to any change to a company’s external/internal or departmental structure aimed at one or both of these objectives. The Bankruptcy Code now offers several options and time frames for reorganization that may involve significant undertakings that impact a businesses’ bottom line, and require consideration, planning, and the foresight of experienced professionals.
2:25-2:40 p.m. | Break
2:40-3:30 p.m. | Stay relief issues
Speakers: Hon. Dennis R. Dow, U.S. Bankruptcy Court W.D. Missouri, Kansas City; Benjamin C. Struby, Lathrop GPM LLP, Kansas City; and Victor F. Weber, Merrick, Baker & Strauss, PC, Kansas City
The panel will discuss miscellaneous substantive and procedural issues arising in litigating motions for relief from automatic stay from the perspectives of creditor, the debtor and the trustee. They will also discuss the grounds for obtaining relief from automatic stay as well as defenses, pleading and proof requirements, procedural aspects and emphasize particular requirements of the local rules.
3:30-3:45 p.m. | Break
3:45-4:35 p.m. | The sharing, splitting, unbundling, factoring, financing, bifurcation, and disclosure of attorney fees: Ethical ramifications and what you need to know
Speakers: Hon. Cynthia A. Norton, U.S. Bankruptcy Court W.D. Missouri, Kansas City; and Adam E. Miller, Office of the United States Trustee, Kansas City
A panel discussion of the latest cases and developments related to what debtors' attorneys may charge their bankruptcy clients and related issues regarding accurate disclosure of fees and consequences for failure to disclose. We will review:
1. The case law regarding debtors' attorneys fees is developing rapidly.
2. There are potential Bankruptcy Code, Bankruptcy Rule, and ethical violations for attorneys who fail to comply, including sanctions, disgorgement, penalties and disciplinary referrals
3. The presentation will give practical advice for how to structure fee agreements to avoid running afoul of various legal requirements and possible monetary and nonmonetary sanctions.
4:35 p.m. | Adjourn
| 01 2023 MoBar Current Development Summaries_2023-02-22 (604 KB) | Available after Purchase | ||
| 02 Chapter 13 Updates and Refreshers SLIDES (207.7 KB) | Available after Purchase | ||
| 02 Chapter 13 Updates and Refreshers HANDOUT. (141.3 KB) | Available after Purchase | ||
| 03 Understanding and Addressing Implocot Bias. (693.7 KB) | Available after Purchase | ||
| 04 Business reorganization scenarios (754.3 KB) | Available after Purchase | ||
| 05 Stay Relief Issues (157.9 KB) | Available after Purchase | ||
| 05-1 Mortgage Proof of Claim Attachment. (1.4 MB) | Available after Purchase | ||
| 05-2 Certification_of_Facts(mot_rlfsty) (1) (15.5 KB) | Available after Purchase | ||
| 05-3 Notice of Motion for Stay Relief (1.1 MB) | Available after Purchase | ||
| 06 KC CLE Bifurcation Financing and Disclose FINAL (376.7 KB) | Available after Purchase | ||
| 06 KC The Sharing, Splitting, Unbundling, Factoring. (988.2 KB) | Available after Purchase | ||
| MOLAP Information (210.1 KB) | Available after Purchase | ||
| Important Information for Attorneys Seeking Kansas Credit (102.8 KB) | Available after Purchase | ||
Chris Borniger is a trial attorney with the U.S. Trustee’s Kansas City office. Before turning to law, Chris spent five years as an editor at The Dallas Morning News. He has a journalism degree from the University of Kansas and a law degree from the University of Texas at Austin.
Andrea Chase represents secured and unsecured creditors and bankruptcy trustees in bankruptcy and non-bankruptcy insolvency proceedings such as receiverships and foreclosure proceedings, out of court workouts and restructurings, and other related insolvency matters.
Andrea graduated with highest distinction from the University of Iowa College of Law. During law school, she externed for Chief Judge Thad Collins of the U.S. Bankruptcy Court for the Northern District of Iowa. She also served as a Managing Editor for the Iowa Law Review, was a member of the Pro Bono Society, and earned a Boyd Service Award. Andrea received her bachelor’s degree, summa cum laude, in Business Administration and Government & International Affairs from Augustana College.
Andrea is involved in multiple bankruptcy organizations. She currently serves on the advisory board for the Midwestern Bankruptcy Institute, an annual program jointly sponsored by the American Bankruptcy Institute and the University of Missouri-Kansas City. Andrea also serves on the board of the Kansas City Bankruptcy Bar Association.
Judge Dow was appointed a United States Bankruptcy Judge for the Western District of Missouri by the 8th Circuit Court of Appeals on November 10, 2003.
Prior to joining the bench, Judge Dow was a partner with the firm of Shook, Hardy & Bacon L.L.P. Judge Dow was listed in The Best Lawyers in America in the area of bankruptcy law continuously from 1995.
Judge Dow is a member of the Missouri Bar, the Kansas City Metropolitan Bar Association and the American Bankruptcy Institute.
Judge Dow is a fellow of the American College of Bankruptcy, inducted in March 2013 and was selected in November 2014 to become a conferee of the National Bankruptcy Conference.
He is a member of the National Conference of Bankruptcy Judges.
He is Chief Judge of the Bankruptcy Appellate Panel. He served a term as Chair of the Judicial Conference Advisory Committee on Bankruptcy Rules
Judge Dow received his B.A., with honors, from the University of Wyoming in 1975 and his J.D. in 1978 from Washburn University School of Law, where he was Notes Editor of the Washburn Law Journal.
Dana M. Estes has been a Staff Attorney for Richard V. Fink, the standing Chapter 13 Trustee for the Western District of Missouri since 2004. She received her undergraduate degree in Biology from William Jewell College in 1993 and her J.D. from Washington University School of Law in 1998.
Jesse Langford has been a member of the Licata Bankruptcy Firm team since February 2016. Prior to moving to Springfield, he was born and raised in Kansas City, Missouri. Jesse attended undergraduate school at Missouri State University where he graduated with a Bachelor of Arts in History in 2007.
While going to school in Springfield he developed a love for the community in southwest Missouri. He served as community service chair of his fraternity and helped organize Missouri State’s inaugural Up Til’ Dawn event to raise awareness and funds for St. Jude’s Children’s Hospital. He also lucked into the most fortunate moment of his life when he met his wife.
Initially, he intended to teach secondary education, however realizing that teaching was not his calling he attended law school at the University of Missouri – Kansas City and graduated in 2012. Subsequently, he established his own firm in Liberty, Missouri and began a general practice. In that time Jesse handled a variety of cases ranging from minor property disputes to wrongful death claims.
He moved to Springfield in 2014 and continued as a general practitioner with an emphasis on bankruptcy. Jesse believes that his wealth of experience in multiple areas of law has been instrumental to his ability to properly guide his clients through the bankruptcy process. He would describe his favorite part of being a personal bankruptcy attorney in Springfield Missouri as having a client leave his office after a consultation and witnessing the feeling of relief on their face knowing that there is light at the end of the tunnel regarding their financial issues.
In his free time, he enjoys playing in his backyard with his sons, reading, and doing projects around the house. Being a native son of Kansas City, Jesse is also a die-hard Kansas City sports fan as well as a passionate fan of his Missouri State Bears.
Adam E. Miller has been a trial attorney with the Office of the United States Trustee in Kansas City, Missouri since 2007 where he is involved in administering and litigating cases under all Chapters of the Bankruptcy Code. Previously, he served on detail in the Office of General Counsel for the Executive Office of United States Trustees where he advised program leadership and field offices on numerous issues of bankruptcy law. Currently, he serves on the program’s working group responsible for supervising the collateralization and safekeeping of more than $3 billion in bankruptcy estate assets.
Before joining the United States Trustee Program, he was in private practice with the consumer bankruptcy firm of Morgan, Allen and King in Oklahoma City, Oklahoma, and clerked for the Hon. Yvonne Kauger on the Oklahoma Supreme Court. He has a B.A. degree from Oklahoma State University; a J.D. degree from Oklahoma City University (summa cum laude) where he served as the Acting Managing Editor of the Oklahoma City University Law Review; and an LL.M. degree from the Morin Center for Banking and Financial Law at the Boston University School of Law where he served as the Graduate Editor of the Review of Banking and Financial Law. He is a member of the bars of the state of Oklahoma and Missouri; the U.S. Courts of Appeal for the 8th and 10th Circuits and the United States Supreme Court and also serves as an Adjunct Professor of Law at the University of Missouri-Kansas City School of Law where he teaches classes in Bankruptcy and Banking Law.
Christa Moss, Missouri Bar Board of Governor for the Southern District, currently serves as a Civil Assistant United States Attorney for the Western District of Missouri. She was formerly a law Clerk for the Federal Chief Magistrate Judge, David Rush, as well as a civil defense litigator in a mid-size firm in Tulsa, OK, and an Assistant City Attorney for the Kansas City, MO, City Attorney's Office. Christa received her Bachelor’s degree from Oral Roberts University in Tulsa, Ok, and earned her J.D. from the College of William and Mary in 2012. Christa is an alumna of the Missouri Bar Leadership program and previously served on the Missouri Bar YLS Board. She is actively involved in the state and local bars as well as community activities, serving on a number of civic and non-profit boards.
Hon. Cynthia A. Norton received her law degree in 1984. She was appointed to the bench on February 1, 2013. She is the recipient of the Michael R. Roser Excellence in Bankruptcy Award, and the Robert L. Gernon Award for Outstanding Contribution to CLE.
Sharon is a shareholder and leader of Sandberg Phoenix’s bankruptcy and creditor rights group. She brings more than 25 years of experience in business law and business and commercial litigation. Her legal practice focuses on bankruptcy, Chapter 11 debtor and creditor issues, as well as Chapter 7 and Chapter 13 debtor matters.
Sharon 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.
Sharon is licensed to practice in the Kansas Court of Appeals and Supreme Court, and the Missouri Court of Appeals and Supreme Court. She also appears before the U.S. District and Bankruptcy Court for the Eastern District of Missouri, the U.S. District and Bankruptcy Court for the Western District of Missouri, and the U.S. District and Bankruptcy Court for the District of Kansas. Sharon is authorized to electronically file in most federal bankruptcy courts in the United States.
Sharon received her Juris Doctor from the University of Kansas School of Law.
Ben Struby is a litigation attorney who focuses his practice on bankruptcy, restructuring and creditors’ rights. Ben represents clients in the matter areas of title insurance claims, breach of contract, suits on note, collections, tax sales, lien priority, condemnation/eminent domain, residential and commercial evictions and commercial real estate purchases. More specifically, he has represented creditors in Chapter 7, 11 and 13 Bankruptcy proceedings, as well as assist clients with sales and rental managements of foreclosed properties. In addition, Ben assists loan servicing clients develop and implement compliance policies and procedures.
Ben has served as a member of the Attorney Advisory Committee for the United States Bankruptcy Court for the Western District of Missouri.
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• We will inform you of any changes that affect you, especially when it comes to in-person events. This includes any cancellation notices or changes to venue, format, or safety guidelines.
• Whenever possible, any notices will be announced at least three days in advance of an event.
• We encourage all attendees of Missouri Bar events to be aware of and follow CDC guidelines for large gatherings.
• Help us keep everyone in attendance safe by not attending an event if, within the 10 days prior to the event:
♦ You have tested positive for COVID-19;
♦ You have experienced any symptoms of COVID-19; or
♦ You have been in close contact with someone who has tested positive for COVID-19.
• Be respectful of the personal comfort level of other attendees when it comes to physical distancing, including shaking hands or other gestures common in networking environments.
By registering for and attending a Missouri Bar event, you agree to take necessary measures, including departing the event, and to notify The Missouri Bar at COVID-Advise@mobar.org if you test positive for COVID-19 or begin to experience symptoms of COVID-19. Furthermore, you agree to notify The Missouri Bar at COVID-Advise@mobar.org if you test positive for COVID-19 within 10 days after the event.
Please also be advised that, pursuant to RSMo. 537.1005, effective Aug. 28, 2021, “under Missouri law, any individual entering the premises or engaging the services of the business waives all civil liability against the individual or entity for any damages based on inherent risks associated with an exposure or potential exposure to COVID-19, except for recklessness or willful misconduct.”
Please contact The Missouri Bar with any questions or concerns.
