Missouri State Approved Sessions

This Lunch and Learn session examines key issues arising in chapter 13 cases involving valuation disputes and the application of the automatic stay under § 362. The panelists discuss current case law, practical considerations for debtors and creditors, and strategic approaches to resolving contested valuation and stay-related matters.Learning Objectives:Attendees will interpret valuation principles commonly applied in Chapter 13 cases, including issues involving secured claims and collateral valuation disputes.Attendees will distinguish the scope and protections of the automatic stay under Section 362, including issues relating to stay relief and alleged stay violations.Attendees will formulate practical approaches for addressing and resolving valuation and Section 362 disputes in Chapter 13 proceedings.

This panel provides an overview of emerging developments and current trends impacting consumer bankruptcy practice. The panelist discuss recent case law, legislative updates, procedural issues, and practical considerations affecting both debtors’ and creditors’ counsel in today’s consumer bankruptcy landscape.Learning Objectives:Attendees willidentify recent developments and emergingtrends affectingconsumer bankruptcy practiceandprocedure.Attendees will assess the impact of current case law and legislative updates on consumer bankruptcy matters.Attendees will apply practical strategies and best practices for addressing evolving issues arising in consumer bankruptcy cases.

This panel explores how theft by contractor claims intersects with nondischargeability actions, including fiduciary defalcation and fraud theories.Learning Objectives:Attendees will analyze theft by contractor claims in the construction context and assess how such claims give rise to nondischargeability litigation under the Bankruptcy Code.Attendees will evaluate the legal standards applicable to fiduciary defalcation, fraud, and related causes of action in contractor-debtor disputes.Attendees will examine litigation strategies, evidentiary considerations, and practical advocacy techniques used in prosecuting and defending theft by contractor nondischargeability actions.

This panel examines key issues related to the treatment of merchant cash advance loans in bankruptcy proceedings.Learning Objectives:Attendees will understand the structure of merchant cash advance (MCA) agreements and the circumstances inwhich they may be treated as loans in bankruptcy proceedings.Attendees will examine potential claims and defenses involving MCA finance companies, includingrecharacterization and avoidance theories.Attendees will analyze the treatment of MCA claims in bankruptcy cases, including issues of priority, enforceability, and evolving case law.

This panel covers current perspectives on student loan repayment options and means to achieve discharge.Learning Objectives:Attendees willanalyzethe procedural stages of a studentloan dischargecase, includingclientintake, caseassessment, and the draftingand filing of anadversary proceeding.Attendees willevaluate the application of the unduehardship standardand develop strategies for presentingeffectivefactual and evidentiarysupportin student loandischarge litigation.Attendees will examine practical litigation techniques and advocacy considerations involved in prosecuting and defending student loan discharge actions from inception through trial.

This comparative panel will explore how Midwestern states diverge on homestead exemptions, personal property protections and opt-out schemes, highlighting cross-border planning issues and recent cases shaping exemption disputes.Learning Objectives:Attendees will understand key differences among Midwestern state exemption schemes, including homestead exemptions, personal property protections, and opt-out frameworks.Attendees will analyze cross-border planning considerations and challenges arising from varying state exemption laws.Attendees will evaluate recent case law developments shaping exemption disputes and their practical implications for bankruptcy practice.

This panel will examine controversial in-court efforts to replicate liability management transaction tactics, including drop-down financings, priming structures and selective creditor treatment. Panelists will debate whether these strategies are consistent with the Bankruptcy Code or undermine fundamental creditor protections.Learning Objectives:Attendees will understand the structure and purpose of in-court liability management transactions, including drop-down financings, priming structures, and selective creditor treatment.Attendees will analyze the legal arguments for and against the permissibility of these strategies under the Bankruptcy Code.Attendees will evaluate the potential impact of these transactions on creditor rights and protections, and identify key considerations for practitioners navigating these issues.

This panel will cover the unique issues faced by debtors and creditors when navigating financial distress and reorganization in the family farming and agricultural industry. In particular, the panelists will discuss current economic forces and filing trends, the material differences between chapter 12 and other forms of reorganization and how these differences guide a debtor’s filing decision, non-bankruptcy federal and state law governing lien creation, perfection and priority, and asset-tracing and uncovering fraud.Learning Objectives:Attendees will understand the eligibility requirements and key statutory features of Chapter 12, including the application of "family farmer" definitions.Attendees will analyze plan feasibility in Chapter 12 cases in light of commodity price volatility, rising input costs, and changing interest rates.Attendees will evaluate the treatment of secured claims and recent case law developments, and identify practical strategies for representing both debtors and agricultural lenders.

This panel will focus on the ethical issues that can surround taking on an engagement — everything from evaluating conflicts, mandatory and recommended disclosures, and what it really means to be disinterested.Learning Objectives:Attendees will identify common ethical issues that arise when considering whether to accept a new engagement, including how to evaluate potential conflicts of interest.Attendees will understand mandatory and recommended disclosure requirements and how they apply when determining whether a professional can serve in a matter.Attendees will examine the meaning of "disinterestedness" in practice and apply practical strategies for assessing and maintaining compliance with ethical standards when taking on a case.

A prospective client tells you that they need to file bankruptcy. This panel will help you navigate all the basic decision-making processes that you might need to consider, including alternatives, when to get a financial advisor involved, why you might pick a workout instead, and when to file and not forbear.Learning Objectives:Identify alternatives to bankruptcy and understand when those options may be more appropriate for a client.Evaluate a client's financial circumstances to determine whether bankruptcy or a non-bankruptcy workout strategy is the most effective path forward.Recognize when to involve outside professionals — such as financial advisors or restructuring specialists — and how their expertise can inform the decision-making process."