Co-sponsored by the American Bankruptcy Institute and University of Missouri-Kansas City School of Law

Friday, October 2, 2009Kansas City Marriott Downtown200 West 12th Street • Kansas City, Missouri

29th

Annual Midwestern Bankruptcy Institute

Friday, October 2, 2009

8:00 a.m.Registration and Continental BreakfastSponsored by Silverman Consulting

8:30 a.m.Opening Remarks Hon. Dennis R. Dow, Judicial ChairU.S. Bankruptcy Court (W.D. Mo.); Kansas CityMark G. Stingley, Co-Chair Bryan Cave LLP; Kansas CityRonald S. Weiss, Co-ChairBerman, DeLeve, Kuchan & Chapman, LC; Kansas City

8:45-9:45 a.m.Plenary Session: Case Law UpdateBarkley ClarkStinson Morrison Hecker, LLP, Kansas CityHon. Dennis R. DowU.S. Bankruptcy Court (W.D. Mo.); Kansas CityHon. Robert E. NugentU.S. Bankruptcy Court (D. Kan.); Wichita

9:45-10:00 a.m. Refreshment Break Sponsored by MorrisAnderson & Associates, Ltd.

10:00-11:00 a.m.Concurrent Sessions

Consumer Ethics: Prebankruptcy Estate PlanningWhat you can do with assets if your client comes to see you the day before filing, the month before filing, 90 days before filing, the year before filing, etc.?

Robert J. BlackwellBlackwell & Associates, PC; Fallon, Mo.Thomas M. MullinixEvans & Mullinix, PA; Shawnee Mission, Kan.Bruce E. StraussMerrick, Baker & Strauss, PC; Kansas City

11:00-11:15 a.m.Refreshment BreakSponsored by NachmanHaysBrownstein, Inc.

Business Ethics: Counseling the Closely Held Corporate Debtor: Bankruptcy Planning and Professional EthicsI. Identifying Your Client II. Getting Paid: Carve-outs and Third Parties Funding the CaseIII. Using Debtors’ Funds to Pay Attorney FeesIV. Conflicts of Interest with the Primary ShareholderV. Financing the ReorganizationProf. Jeffrey W. MorrisUniversity of Dayton School of Law and Of Counsel Porter, Wright, Morris & Arthur; Dayton, OhioHon. Jerry W. VentersU.S. Bankruptcy Court (W.D. Mo.); Kansas City

Business Track Consumer Track

Business: The Baptist Foundation of Arizona–A Chapter 11 Case Where the Ponzi Scheme Was in the ChurchClifton R. Jessup, Jr.Greenberg Traurig, LLP; Dallas

Dual Track Program Schedule11:15 a.m.-12:15 p.m.Concurrent Sessions

Consumer: Discharge Violations and Protecting Your Clients from Creditor Abuses

Jay FleischmanFleischman Consumer Law Center; Brooklyn, N.Y.

12:15-1:30 p.m. Luncheon PresentationLegislative Update: Views from Inside the Capital Beltway

Prof. Adam J. LevitinABI Resident ScholarGeorgetown University Law Center; Washington, D.C.

1:30-2:30 p.m.The 2nd Annual Great DebatesPaul D. Sinclair, Moderator Polsinelli Shughart PC: Kansas City

Resolved: Section 548(c)’s Good-Faith Defense Should be Unavailable in Ponzi Scheme Cases.Pro - Brian L. ShawShaw Gussis Fishman Glantz Wolfson & Towbin LLC; ChicagoCon - Keith M. AurzadaBryan Cave LLP; Dallas

Resolved: Congress Must Allow Courts to Lein-strip Home MortgagesPro - Tara TwomeyNational Consumer Law Center; Carmel, Calif.Con - Paul H. BerensBradshaw, Steele, Cochrane & Berens; Cape Girardeau, Mo.

Resolved: In Applying the Means Test the Court May Determine the Necessity and Reasonableness of Payments on Secured Debts.Pro - Gil WeismanBecket & Lee, LLP; Malvern, Pa.Con- Hon. Arthur B. FedermanU.S. Bankruptcy Court (W.D. Mo.); Kansas City

Viewpoints expressed by debaters are not necessarily their own.

2:30-2:45 p.m.Refreshment BreakSponsored by NachmanHaysBrownstein, Inc.

Dual Track Program Schedule2:45-3:45 p.m. Concurrent Sessions

Consumer: Representing Small Business Clients

Cynthia F. GrimesGrimes & Rebein, LC; Lenexa, Kan.David P. LeibowitzLakelaw/Leibowitz Law Center, Waukegan, Ill.Cathleen Cooper MoranMoran Law Group; Mountain View, Calif.

3:45-4:00 p.m.Refreshment BreakSponsored by MorrisAnderson & Associates, Ltd.

4:00-5:00 p.m.Judges’ Roundtable Featuring Judges of the 8th and 10th Circuits Mark A. Shaiken (Moderator) Stinson Morrison Hecker LLP; Kansas CityHon. Robert D. BergerU.S. Bankruptcy Court (D. Kan.); Kansas CityHon. Dennis R. DowU.S. Bankruptcy Court (W.D. Mo.); Kansas CityHon. Arthur B. FedermanU.S. Bankruptcy Court (W.D. Mo.); Kansas CityHon. Janice M. KarlinU.S. Bankruptcy Court (D. Kan.); TopekaHon. Robert E. NugentU.S. Bankruptcy Court (D. Kan.); WichitaHon. Dale L. SomersU.S. Bankruptcy Court (D. Kan.); TopekaHon. Kathy A. Surratt-StatesU.S. Bankruptcy Court (E.D. Mo.); St. LouisHon. Jerry W. VentersU.S. Bankruptcy Court (W.D. Mo.); Kansas City

5:00-6:00 p.m.Cocktail Networking ReceptionSponsored by 2009 Midwestern Bankruptcy Institute Advisory Board Contributions

Business: Financing a Chapter 11—Pre, During and Exit

Daniel F. DooleyMorrisAnderson & Associates, Ltd.; ChicagoProf. Adam J. LevitinABI Resident ScholarGeorgetown University Law Center; Washington, D.C.Deborah L. ThorneBarnes & Thornburg LLP; ChicagoJohn Tittle, Jr.NachmanHaysBrownstein, Inc.; Dallas

Consumer Track

Business Track

Advisory Board• RonaldS.Weiss,Co-chair Berman, DeLeve, Kuchan & Chapman, LC; Kansas City

• MarkG.Stingley,Co-chair Bryan Cave LLP; Kansas City

• Hon.DennisR.Dow,JudicialChair U.S. Bankruptcy Court (W.D. Mo.); Kansas City

• E.RebeccaCase Stone, Leyton & Gershman; St. Louis

• BrianT.Fenimore Lathrop & Gage L.C.; Kansas City

• LaurenceM.Frazen Bryan Cave LLP; Kansas City

• ScottJ.Goldstein Spencer Fane Britt & Browne LLP; Kansas City

• CynthiaF.Grimes Grimes & Rebein, LC; Lenexa, Kan.

• BenjaminF.Mann Husch Blackwell Sanders LLP; Kansas City

• MarkMoedritzer Shook, Hardy & Bacon LLP; Kansas City

• MarkA.Shaiken Stinson Morrison Hecker LLP; Kansas City

• PaulD.Sinclair Shughart Polsinelli PC; Kansas City

Ex-officio • DanielJ.McCarroll University of Missouri-Kansas City School of Law; Kansas City

For more information

29th Annual Midwestern Bankruptcy Institute Advisory Board

Call ABI at (703) 739-0800 or visit ABI World at www.abiworld.org/MW09

8:45-9:45 a.m. o Plenary Session: Case Law Update

10:00-11:00 a.m. Concurrent Sessions oConsumer Ethics: Prebankruptcy Estate Planning

o Business Ethics: Counseling the Closely Held Corporate Debtor: Bankruptcy Planning and Professional Ethics

11:15 a.m.-12:15 p.m. Concurrent Sessions o Consumer: Discharge Violations and Protecting Your Clients from Creditor Abuses

o Business: The Baptist Foundation of Arizona– A Chapter 11 Case Where the Ponzi Scheme Was in the Church

12:15-1:30 p.m o Luncheon Presentation: Legislative Update: Views from Inside the Capital Beltway

1:30-2:30 p.m. o The 2nd Annual Great Debates 2:45-3:45 p.m. Concurrent Sessions o Consumer: Representing Small Business Clients

o Business: Financing a Chapter 11—Pre, During and Exit

4:00-5:00 p.m. o Judges’ Roundtable Featuring Judges of the 8th and 10th Circuits

29th Annual Midwestern Bankruptcy Institute Programs

Choose Business or Consumer Track

Choose Business or Consumer Track

Choose Business or Consumer Track

Call ABI at (703) 739-0800 or visit ABI World at www.abiworld.org/MW09

Name __________________________________________

Firm/Company ____________________________________

Title ___________________________________________

Address _________________________________________

City ________________ State ___ Zip ________________

Telephone ( ) _________________________________

Fax ( ) ______________________________________

E-mail _________________________________________

* Consumer Track is for consumer practitioners only. If you are a business practitioner, please select the business track. Includes one-year membership for first-time members. Consumer track includes all plenary sessions, consumer concurrent sessions and Luncheon.

** Includes a one-year ABI membership for first-time members–a $275 value! Expired members should select the member rate and add in the membership renewal fee below. You must be an ABI member to attend the conference.

ABI Annual Membership Renewal (Optional)

Regular $275 $ ________

Govt./Academic/Nonprofit $95 $ ________

Continuing Education Credit

oCLE/CPE Credit State(s) _______________________

Bar No. ____________________________

TOTAL $____________

o Check payable to American Bankruptcy Institute enclosed.

oCharge to Credit Card oe oy ow

Acct. No. _____________________________ Exp. Date _________

Signature ________________________________________________

Call ABI at (703) 739-0800 or visit ABI World at www.abiworld.org. Fax completed form to (703) 739-1060,

or mail completed registration form with payment to:

P.O. Box 34709, Alexandria, VA 22314-0709, Attn: MW09

Registration

(circle one)

Conference Rates Early Bird Regular Late (on-site) (postmarked by) (before 7/31/09) (by 7/31/09) (after 10/2/09)

Consumer Track only* o $245 o $245 o $295

Business Track

ABI Member o $295 o $345 o $395

ABI Govt./Academic Member o $195 o $245 o $295

Non-member** o $545 o $595 o $645

Govt./Academic Non-member*** o $290 o $340 o $390

Optional EventCocktail Reception o $25

Register online at www.abiworld.org/MW09

Conference Information

Register online at www.abiworld.org/MW09

HotelLocated in the heart of the city’s business, government and theater districts, the stunning Kansas City Marriott Downtown provides a delightful stay for business and leisure travel. All guest rooms and suites offer spacious design and wireless Internet access. Each and every room is a Room that Works® – ergonomically designed for maximum efficiency. In the evenings, explore the bustling Kansas City Power & Light District, the Midwest’s premier entertainment epicenter. With more than 45 unique and captivating retail outlets, restaurants, bars and entertainment venues, the District offers something for everyone.

ABI has negotiated a special conference rate of $129 single/double per night. Reservations are limited, and rooms are held on a first-come, first-served basis. Reservations may be made by individual attendees directly with the Marriott at (800) 228-9290 or (816) 421-6800, or online at www.marriott.com/mcidt. Click on the “Make a Reservation” link and use code MBIMBIA. ABI cannot guarantee registrants a room after September 18, 2009, or once the ABI room block is sold out.

Cancellation PolicyAll fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by September 18, 2009. No refunds will be honored after September 18, but substitutions will be allowed.

Continuing Education CreditApproval for approximately 8 hours of CLE credit is available, including 1 hours of ethics. CPE credit is also available; mark the appropriate box on the registration form. California MCLE—ABI certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 8 hours.

ABI offers intermediate to advanced-level courses, which have no prerequisites for attendance. ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN, 37219-2417, or www.nasba.org. For more information regarding administrative policies such as complaint and refund, please contact the American Bankruptcy Institute at (703) 739-0800. ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, ABI may allow the individual to work at the registration area for a few hours during attendee check-in, or assist in conference set-up. ABI also has reduced rates for government employees, professors, law clerks and students. Financial assistance is available for this program. For more information, please contact the American Bankruptcy Institute at (703) 739-0800 or send an e-mail to jgood@abiworld.org.

Berman, DeLeve, Kuchan & Chapman, LC BMC GroupBryan Cave LLPEpiq SystemsHusch Blackwell Sanders LLPLathrop & Gage L.C.MorrisAnderson & Associates Ltd.NachmanHaysBrownstein, Inc.Shook, Hardy & Bacon LLPPolsinelli Shughart PCSilverman ConsultingSpencer Fane Britt & Browne LLPStinson Morrison Hecker LLPStone Leyton & Gershman

University of Missouri-Kansas City School of Law

The urban public law school with a small liberal arts feel, the UMKC School of Law is dedicated to educating students to become outstanding lawyers serving the community in the highest traditions of the profession. UMKC is committed to producing significant scholarship that will enrich legal discourse among those who study and practice law. Parking is also available at the Kansas City Marriott Downtown.

09 Midwestern Bankruptcy Institute Sponsors

09 ABI Presidential Partner

Up to 8 hours of CLE credit, Including 1 hours of ethics, is available! Register online at ww

w.abiw

orld.org/MW

09

44 Canal Center Plaza Suite 400Alexandria, VA 22314w

ww.abi.org