MSBA Bankruptcy Law Section
Meeting Minute Archives
Back to Section Website

FY 2012-13
September 18, 2012 / November 20, 2012 / January 15, 2013 / February 19, 2013 / March 19, 2013 / April 16, 2013 / May 21, 2013

FY 2011-12
October 18, 2011 / November 15, 2011 / January 17, 2012 / February 21, 2012 / March 20, 2012 / April 17, 2012

FY 2010-11
May 17, 2011 / April 19, 2011 / March 15, 2011 / February 15, 2011 / January 18, 2011 / November 16, 2010 / September 21, 2010

FY 2009-10
09/19/09, 11/17/09, 01/19/10, 02/16/10, 03/30/10, 04/20/10, 05/18/10

FY 2008-09
09/16/08 | 11/18/08 | 01/20/09 | 02/17/09 | 03/24/09 | 04/21/09 | 05/19/09

FY 2007-08
10/16/07 | 11/20/07 | 01/15/08 | 02/12/08 | 03/18/08 | 04/15/08 | 05/20/08

FY 2006-07
10/24/06 | 11/21/06 | 01/16/07 | 02/20/07 | 03/20/07 | 04/17/07

FY 2005-06
11/15/05 | 1/17/06 | 2/21/06 | 3/21/06 | 4/18/06

FY 2004-05
10/19/04 | 11/16/04 | 1/18/05 | 2/15/05 | 3/15/05 | 5/17/05

FY 2003-04
10/21/03 | 2/17/04 | 3/20/04 (pdf) | 4/20/04 | 5/18/04

FY 2002-03
1/21/03 | 2/18/03 | 3/18/03 | 4/22/03 | 5/20/03

FY 2001-02
5/21/02

MSBA
BANKRUPTCY SECTION

Minutes of Section Meeting May 20, 2008

A meeting of the MSBA Bankruptcy Section was held on May 20, 2008 at Kieran’s in Minneapolis.   Those in attendance are listed above.  Chair Clint Cutler called the meeting to order at approximately 6:12 p.m.  

A motion to approve the Minutes of the April meeting was made and passed on a voice vote.

Old Business:   None.

New Business:  Steve Creasey, Chair of the Nominating Committee, announced nominations for Section Officers. Mary Jo Jensen-Carter was nominated for Chair; Eric Sherburne for Vice-Chair; Mary Cox for Secretary; and Henry Wang for Treasurer.  A vote was held, and the slate of candidates was elected (as set forth above).

Nominations are open for an Education Chair for next year.  Interested parties should contact any Section Officer.

Report from the Court:   None.

Report from the U.S. Trustee:   None.

Pro Bono Committee Report:  Bill Fisher reported that VLN is still seeking volunteers for its debtor letter-writing program.  Mr. Fisher also moved to approve $7,500 in funding for the Pro Bono Committee for next year.  His motion was discussed then approved on voice vote.  

Bankruptcy Bulletin:  Henry Wang reported that the Bulletin is “a few issues behind.”

Local Rules Report:  Clint Cutler reported that the Standing Committee on Local Rules is continuing to make progress and will be breaking into sub-groups to address particularized area of concern.

Treasurer’s Report:  Mary Cox informed attendees of the “totally new menu” and reported that the Section remains solvent.

Educational Program:  Clint Cutler introduced the Honorable Gregory F. Kishel, who spoke on "Two Years into BAPCPA:  Current Issues in Consumer Bankruptcy Practice."
 
The meeting was adjourned at approximately 7:24 p.m.

MSBA
BANKRUPTCY SECTION

Minutes of Section Meeting April 15, 2008

A meeting of the MSBA Bankruptcy Section was held on April 15, 2008 at Kieran’s in Minneapolis.   Those in attendance are listed above.  Chair Clint Cutler called the meeting to order at approximately 6:10 p.m.  

A motion to approve the Minutes of the March meeting was made and passed on a voice vote.

Old Business:   None.

New Business:  Steve Creasey, Chair of the Nominating Committee, is accepting nominations for Section Officers.

Mr. Cutler announced that Bob Kalenda has organized a retirement dinner for Trustee Mike Farrell on April 24 in St. Cloud.  Contact Mr. Kalenda for more information.

Report from the Court:   None.

Report from the U.S. Trustee:   None.

Pro Bono Committee Report:  Mary Jo Jensen-Carter reported that VLN is seeking volunteers for its bankruptcy screening program.

Ms. Jensen-Carter announced, on behalf of the Bankruptcy Institute Planning Committee, that the Institute likely will be held October 6-7 at the Northland Inn.

Bankruptcy Bulletin:  David Galle reported that there should be two issues published within three weeks.

Treasurer’s Report:  Mary Cox reminded attendees to eat more chicken fingers and reported that the Section remains solvent.

Educational Program:  Henry Wang introduced Tom Stinson, Minnesota State Economist, who spoke on “The State of the Economy:  It’s Still the Stupid Economy.” 
 
The meeting was adjourned at approximately 7:15 p.m.

MSBA
BANKRUPTCY SECTION

Minutes of Section Meeting March 18, 2008

            A meeting of the MSBA Bankruptcy Section was held on March 18, 2008 at Kieran’s in Minneapolis.   Those in attendance are listed above.  Chair Clint Cutler called the meeting to order at approximately 6:00 p.m.  

A motion to approve the Minutes of the February meeting was made and passed on a voice vote.

Old Business:   None.

New Business:  None.  Mr. Cutler informed the attendees about several relevant events including an upcoming judicial election webcast and opportunity to participate in a mock trial program. 

Report from the Court:   None.

Report from the U.S. Trustee:   None.

Pro Bono Committee Report:  Mary Jo Jensen-Carter solicited nominations for the upcoming pro bono service award.  Ms. Jensen-Carter also advised that the committee is working on a program for a clinic on representing debtor at reaffirmation hearings. 

Bankruptcy Bulletin:  Henry Wang reported that there should be several issue published shortly.

Treasurer’s Report:  Mary Cox  presented a detailed report.  In summary, the Section remains solvent.

Educational Program:  Henry Wang introduced Thomas E. Johnson and Jeff Bruzek.  The pair spoke on “Point/Counter-Point:  Hot topics in Chapter 13 Bankruptcy case under BAPCPA.” 
 
The meeting was adjourned at approximately 6:50 p.m.

MSBA
BANKRUPTCY SECTION

Minutes of Section Meeting February 12, 2008

            A meeting of the MSBA Bankruptcy Section was held on February 12, 2008 at The Local in Minneapolis.   Those in attendance are listed above.  Chair Clint Cutler called the meeting to order at approximately 6:05 p.m.   A motion to approve the Minutes of the January meeting was made.

Old Business:   The Section is still working on the organization of a Standing Committee on Local Rules, with an expected kick-off in March.

New Business:  None.

Report from the Court:   None.

Report from the U.S. Trustee:   None.

Pro Bono Committee Report:  Mary Jo Jensen-Carter reported advised of the Equal Justice Conference scheduled for May 6-9; interested persons should contact Jim Baillie for more information.  Ms. Jensen-Carter also reported that there will be a new program for assisting otherwise-unrepresented debtors at reaffirmation hearings, and she will be soliciting volunteers for that program soon.

Bankruptcy Bulletin:  No report.

Treasurer’s Report:  Mary Cox reported that she will have a full report next month.

Educational Program:  Clint Cutler introduced BAP Chief Judge Kressel who introduced BAP Judges Schermer, Mahoney and Venters.  The three BAP Judges spoke on “The Top Reasons You Want Your Appeal Heard by the BAP.”  The presentation lasted approximately 40 minutes and was a conversational discussion of issues involved in bankruptcy appeals.  Topics discussed included, among others:

• The importance of good briefs;
• An option to request or opt out of oral arguments;
• The advantages of presenting issues to experienced bankruptcy judges;
• The good work of Cindy Harrison in the BAP Clerk’s Office;
• Considerations regarding judges’ familiarity with state law;
• Greater likelihood of being affirmed by the Circuit in an appeal from the BAP than from the District Court;
• Advice that arguing too many issues and using confusing acronyms is bad;
• Jurisdiction, about which every lawyer should think before appealing; and
• The “academic” value of dissenting opinions.

 
The meeting was adjourned at approximately 6:58 p.m.

MSBA
BANKRUPTCY SECTION

Minutes of Section Meeting January 15, 2008

            A meeting of the MSBA Bankruptcy Section was held on January 15, 2008.  Those in attendance are listed above.  Vice-Chair Mary Jo Jensen-Carter called the meeting to order at approximately 6:10 p.m.   A motion to approve the Minutes of the November meeting was made and approved by a voice vote.

Old Business:   None.

New Business:  None.

Report from the Court:   Judge Kishel encouraged the bar to review the proposed changes to the “no look” chapter 13 fee, before the public comment period closed on January 31.

Report from the U.S. Trustee:   None.

Pro Bono Committee Report:  Mary Jo Jensen-Carter reported that “everything is just peachy.”

Bankruptcy Bulletin:  Henry Wang reported that there will be another issue soon.

Treasurer’s Report:  Mary Cox reported that “we have money and that’s all there is to report.”

Other Report:  Mary Cox reinforced Judge Kishel’s recommendation that the bar should review and comment on the proposed changes to the “no look” fee for chapter 13 cases.  Comments may be emailed to Lori Vosejpka through January 31.

Educational Program:  Henry Wang introduced Jeff Bursell of the Hoglund firm.  Mr. Bursell spoke on “Current Monthly Income – What is the ‘I’ in CMI?.”  The presentation lasted almost 30 minutes and was a practical discussion of issues involved in determining income.

The meeting was adjourned at approximately 6:45 p.m.

REMINDER — The February Meeting will be February 12, one week earlier than usual.

MSBA
BANKRUPTCY SECTION

Minutes of Section Meeting November 20, 2007

A meeting of the MSBA Bankruptcy Section was held on November 20, 2007.  Those in attendance are listed above.  Chair Clint Cutler called the meeting to order at approximately 6:18 p.m.   A motion to approve the Minutes of the October meeting was made and approved by a voice vote.

Old Business:   None.

New Business: 
● Mary Cox identified the members of the newly-formed subcommittee on the chapter 13 “no-look” fee (Curtis Walker, Brad Halberstadt, Tom Johnson, Lori Vosejpka, and John Hedback).  Ms Cox called for input no later than November 29, insofar as the subcommittee intends to submit its report circa December 1. 
● Clint Cutler announced that the Holiday Reception will be December 18 at The Lexington in St. Paul.

Report from the Court:   Chief Judge Dreher expressed the Court’s call for a standing committee on the Local Rules and revisions thereto.  Judge Dreher praised the standing Pro Bono Committee and opined that a standing committee on the Local Rules might overcome the “sporadic” attention the Local Rules have received historically.  Faye Knowles and Michael Stepan each volunteered.  Other interested persons are urged to contact any Section Officer.

Report from the U.S. Trustee:   None.

Pro Bono Committee Report:  Mary Jo Jensen-Carter explained that the Committee is still seeking volunteers for its letter-writing program, including for the Duluth area.

Bankruptcy Bulletin:  None.

Treasurer’s Report:  Mary Cox reported that the Section is solvent.

Educational Program:  Henry Wang introduced Gordon Conn and Michael Keyes.  Mr.  Conn and Mr. Keyes presented the educational program on "Deepening Insolvency in Minnesota: Christians v. Grant Thornton LLP."  The presentation lasted 30 minutes and was an insightful discussion and recounting of events by the two opposing counsel in the case.

The meeting was adjourned at approximately 7:01 p.m.

MSBA
BANKRUPTCY SECTION

Minutes of Section Meeting October 16, 2007

            A meeting of the MSBA Bankruptcy Section was held on October 16, 2007.  Those in attendance are listed above.  Chair Clint Cutler called the meeting to order at approximately 6:03 p.m.   A motion to approve the Minutes of the May meeting was made and approved by a voice vote.

Old Business:   None.

New Business: 
● Mr. Cutler announced that the MSBA has set up a hotline to assist victims of the recent flooding in southeastern Minnesota, and they have a need for an attorney to consult on bankruptcy issues involving mortgage loans. 

●  Mr. Cutler announced that the Minnesota Justice Foundation is holding an anniversary celebration on Nov. 15 from 5:30 – 8:30 p.m. at International Market Square, whereat Walter Mondale is a scheduled speaker on the topic of search & seizure. 

●  Mr. Cutler reported that there were approximately 290 participants in the 2007 Bankruptcy Institute.  He solicited feedback on the past Institute and suggestions for next year’s Institute, which input may be directed to any Section Officer.  

●  Mr. Cutler welcomed Judge Dreher as the new Chief Judge.  

● Mr. Cutler reported that Chief Judge Dreher has called for the formation of a subcommittee to provide input on the chapter 13 “no-look” fee.  Mary Cox will chair the subcommittee, and is the contact person for data or comments Section member may wish to provide.  There is a Dec. 1 target date for the subcommittee’s report to the Bankruptcy Judges.

Report from the Court:   None.

Report from the U.S. Trustee:   None.

Pro Bono Committee Report:  Mary Jo Jensen-Carter explained that VLN in seeking additional volunteers for its letter-writing program.

● Judge Kressel is encouraging participation of bankruptcy attorneys in an effort in Duluth to establish a bankruptcy screening program.  A similar program may be studied for the Rochester-Mankato region. 

● Judge Kishel, on behalf of Nauni Manty, described the CARE (Credit Abuse Resistance Education) program generally.  He also described the effort to adapt and implement the program in Minnesota and solicited participation in the program.  He further solicited “school contacts” from anyone who may know a high school teacher who might be able to facilitate the CARE program’s objective to provide credit education presentations to high school students.

Bankruptcy Bulletin:  David Galle reported that the next issue in planned for mid-November.

Treasurer’s Report:  Mary Cox reported that the Section has received the annual dues income and “has money.” 

● She revealed that she orders the fare for Section meetings and solicited constructive feedback on the same.

Educational Program:  Henry Wang introduce Ryan Murphy.  Mr. Murphy presented the educational program on “Changes to the Minnesota Homestead Exemption and Other Exemption Issues.”  The presentation lasted 30 minutes and focused on exemption issues involving homesteads, retirement accounts, residence/domicile, and pre-bankruptcy planning.

The meeting was adjourned at approximately 6:49 p.m.

MSBA
BANKRUPTCY SECTION
Minutes of Section Meeting April 17, 2007

A meeting of the MSBA Bankruptcy Section was held on April 17, 2007. Those in attendance are listed above. President Bill Wassweiler called the meeting to order at 6:10 p.m. A motion was made and seconded to approve February and March's minutes. The minutes were approved by a voice vote

Old Business: None.

New Business: None.

Report from the Court: None.

Report from the U.S. Trustee: None.

Pro Bono Committee Report: The committee representative reported on the continuing need for volunteers to write letters on behalf of VLN clients. A sign-up sheet was distributed at the meeting.

Bankruptcy Bulletin: None

Local Rules Committee: None.

Treasurer's Report: Eric Sherburne reported that the section is solvent. He also asked that meeting attendees register ahead of time, if possible, to facilitate budgeting and food ordering.

Educational Program: Randall Seaver spoke on the recent "Addison" decision and §522(o).

The meeting was adjourned at 7:10 p.m.

MSBA
BANKRUPTCY SECTION
Minutes of Section Meeting March 20, 2007

A meeting of the MSBA Bankruptcy Section was held on March 20, 2007. Those in attendance are listed above. President Bill Wassweiler called the meeting to order at 6:10 p.m.

Old Business: None.

New Business:

CARE: Bill Wasweiller reported on the CARE (Credit Abuse Resistence Education) committee that has been working on an education program to be given to high school and college students to help them to understand credit issues. Two members of the committee, Bill Fisher and Terri Running, will be making an educational presentation to students at the University of Minnesota later this month. The committee has requested an allocation of $1,000 to pay for the printing of brochures which will be used in the presentation. Wassweiler recommended that the allocation be made in light of the fact that the section has approximately $6,000 of available funds. A motion to make the allocation was made and seconded. The motion was approved unanimously on a voice vote.

Report from the Court: Judge Kishel reported that the Russians are coming. A group of Russian Federal commercial court judges will be visiting Minnesota in June. The group will include two justices of the Supreme Commercial Court from Moscow, two regional court judges and at least one trial court judge. Judge Kishel will act as the primary host of the group, but would like the section and its members to participate in several activities during the visit. There will be a special meeting of the Bankruptcy Section on Wednesday, June 13th. The current plan is to hold it at the Museum of Russian Art in Minneapolis. More details will be coming out soon, and Judge Kishel encourages all section members to take part in the festivities.

Report from the U.S. Trustee: None.

Pro Bono Committee Report: Dorrie Larison reported on the current need for several volunteers to write letters on behalf of VLN clients. A sign-up sheet was distributed at the meeting.

Bankruptcy Bulletin: None

Local Rules Committee: None.

Treasurer's Report: Bill Wassweiler reported that the section has approximately $6,000.00 and is solvent.

Educational Program: Mary Cox introduced Judge Dennis D. O'Brien who spoke on the topic of electronic discovery.

At the conclusion of Judge O'Brien's presentation, the meeting was adjourned at 6:50 p.m.

MSBA
BANKRUPTCY SECTION
Minutes of Section Meeting February 20, 2007

A meeting of the MSBA Bankruptcy Section was held on February 20, 2007. Those in attendance are listed above. Treasurer Eric Sherburne called the meeting to order at 6:10 p.m. A motion was made and seconded to approve January's minutes. The minutes were approved by a voice vote.

Old Business: None.

New Business: None.

Report from the Court: None.

Report from the U.S. Trustee: Dorrie Larison is retiring from the Chapter 7 trustee panel. U.S. Trustee will be seeking applications for a new panel trustee.

Pro Bono Committee Report: Tom Johnson reported on the current activities of the committee and the ongoing need for volunteers.

Bankruptcy Bulletin: None

Local Rules Committee: Lori Vosejpka reported on local rules changes.

CARE: Eric Sherburne identified the new committee and invited attendees to watch for further news.

Treasurer's Report: Eric Sherburne reported that the section is solvent.

Educational Program: Bob Raschke introduced Mike Ridgeway, an attorney with the U.S. Trustee's office, who spoike on Means Testing.

At the conclusion of Mr. Ridgeway's presentation, the meeting was adjourned at 7:15 p.m.

MSBA
BANKRUPTCY SECTION
Minutes of the Section Meeting, April 18, 2006

A meeting of the MSBA Bankruptcy section was held on April 18, 2006. Those in attendance are listed above. Section Chair Nauni Manty called the meeting to order promptly at 6:30 p.m. The March 2006 minutes were unanimously approved.

There was no old business. For new business, Ms. Manty announced that Steve Creasey is acting as the nominating committee for new section officers for next fall. Ms. Manty noted that the current officers who are willing to serve next year are Bill Wassweiller, as Chair, Clint Cutler, as vice-chair, Mary Jo Jensen-Carter as secretary and Eric Sherburne who is Education chair. Anyone else interested in serving as section officers should contact Mr. Creasey at (612) 664-5262.

Ms. Jensen Carter reported that the section was solvent. The Pro Bono Committee is seeking applications for the Raeder Larson award, to be announced in July.

A motion was unanimously approved to adjourn the meeting at the conclusion of the educational speakers remarks.

Eric Sherburne introduced George Singer of Lindquist & Vennum, who presented case law developments under the BAPCPA. A copy of Mr. Singer's written materials are attached.

The meeting was adjourned at 7:16 p.m.

Respectfully submitted,

Clinton E. Cutler

MSBA
BANKRUPTCY SECTION
Minutes of the Section Meeting, March 21, 2006

A meeting of the MSBA Bankruptcy section was held on March 21, 2006. Those in attendance are listed above. Section Chair Nauni Manty called the meeting to order promptly at 6:30 p.m. The February 2006 minutes were unanimously approved.

There was no old business. For new business, Ms. Manty solicited volunteers for the CARE program, which makes bankruptcy professionals available nationwide to speak and work with high school and college students regarding use of credit. Materials on the program are attached.

Ms. Manty then introduced United States Trustee Habbo Fokkena. Mr. Fokkena spoke about the need to ensure greater accuracy on the petition and schedules, and the need for trustees to spend more time and attention to the schedules in section 341 meetings. He indicated that there is an annotated set of petitions, schedules and SOFA forms available on the US Trustee Region 12 website (http://www.usdoj.gov/ust/r12/index.htm). Mr. Fokkena also noted that there is an opening for a panel trustee in Crookston, MN.

Pro Bono Committee Chair Bill Wassweiller announced that Volunteer Lawyer Networks is in need of attorneys to provide debt counseling and letter writing for pro bono clients. Those interested should contact Mr. Wassweiller ((612) 340-7973) or Bill Fisher ((612) 632-3063). Mr Wassweiler also announced that the committee is accepting nominations for the Rader Larson award, to be awarded at a reception for pro bono volunteers in July.

Treasurer Jo Jensen-Carter reported that the section is solvent.. The Chair then entertained a motion to adjourn the meeting at the conclusion of the speaker's presentation. The motion was seconded and unanimously approved.

The Honorable Dennis D. O'Brien, United States Bankruptcy Judge, presented the education portion of the program. His talk was entitled "On Substance and Practice of Bankruptcy Law A Few Observations." A copy of his materials are attached.
The meeting was adjourned at 7:07 p.m.

Respectfully submitted,

Clinton E. Cutler

MSBA
BANKRUPTCY SECTION
Minutes of the Section Meeting, February 21, 2006

A meeting of the MSBA Bankruptcy section was held on February 21, 2006. Those in attendance are listed above. Section Chair Nauni Manty called the meeting to order at 6:30 p.m. On motion made and seconded, the Minutes of the prior meeting were approved.

New Business. Faye Knowles inquired whether anyone had experience with a small business bankruptcy case under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Mike Gorden responded.

Judge Kishel gave a short presentation on Care - a program for high school students on credit responsibility and bankruptcy. He gave an overview and noted that the program is looking for speakers. The program provides the written materials. The speakers are asked to discuss those materials with students and give their insights. Those who are interested are directed to contact Nauni Jo Manty. A committee is being formed to care for the Care program.

Judge Kishel also discussed the developing jurisprudence on the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Recent decisions in this district including decisions of the Bankruptcy Appellate Panel are available free of charge on the Bankruptcy Court's website.

Announcement from U.S. Trustee's Office. Bob Raschke announced that the U.S. Trustee's Office is organizing a seminar for attorneys to address certain reoccurring issues with respect to the Bankruptcy Abuse Prevention and Consumer Protection Act. The topics will likely include practice tips in compiling form 22(b) (the means test) and Congressional intent.

Pro Bono Committee Report. Bill Wassweiler announced that the pilot pro bono website went live on February 21, 2006. It is available on the Eighth Circuit's website.

Treasurer's Report. The treasurer reported that the section is solvent.

Educational Program. Eric Sherburne introduced Curtis Zaun who spoke on Student Loans - A Deal With The Devil. Curtis provided written materials and addressed the Higher Education Act scheme, its social benefits, borrower's benefits and obligations, and undue hardship. A copy of Mr. Zaun's materials are attached.

At the conclusion of Curtis Zaun's presentation, the meeting was adjourned.

MSBA
BANKRUPTCY SECTION
Minutes of the Section Meeting, January 17, 2006

Nauni Manty called the meeting to order at 6:30 p.m. On motion made and seconded, the Minutes of the prior meeting were approved.

New Business:
Judge Kishel gave a short presentation on a program for high school students on credit responsibility and bankruptcy. The Minnesota Judges have met to discuss this program and ask that the Section form a committee to develop and propose presentation of the program in area high schools. Judge O'Brien will act as the judicial participant on the committee. The program includes prepared materials. Anyone interested in being on the organizing committee or in being a speaker should contact Nauni Manty.

Pro Bono - Judge Kishel announced that the Eighth Circuit pro bono web site goes active March 1, 2006. It will have links to many other pro bono providers and web sites. The Section is working with other pro bono providers to start a clinic in Moorhead. If anyone is interested, contact a pro bono committee member.
Judge Kishel also announced that Local Rule Amendments are promulgated and can be accessed on the court web site.

Bob Raschke announced that with the new legislation, the United States Trustee's Office is authorized to hire an additional paralegal (salary range: $36,000 to $77,000) and an attorney (salary range: $77,000 to $139,000). Anyone interested or knowing of anyone who might be interested should contact the United States Trustee's Office. The position is being advertised on-line and in local papers.

Treasurer's Report:
The Treasurer reported that the Section is solvent.

Speaker Randy Seaver:
Nauni Manty introduced Randy Seaver who spoke on the Minnesota Homestead Exemption - What it is and What it is Not. Randy provided materials and addressed Minnesota statutory and case law on homestead identification, area, value, disclosure in bankruptcy, and other issues.

On motion made and seconded, at the conclusion of Randy's presentation, the meeting was adjourned.

A meeting of the MSBA Bankruptcy Section was held on November 15, 2005. Those in attendance are listed above. Section Chair Nauni Manty called the meeting to order at 6:36 p.m. by saying "Escuse me, Hello." The May 2005 minutes were unanimously approved.

There was no old business. For new business, Ms. Manty reported that the December section meeting will be held on December 20, 2005 at W.A. Frost in St. Paul. Ms. Manty also reported that the section had contributed $750 each to the Hurricane Katrina law office relief and the Legal Aid Office relief funds of the MSBA.

Judge Kishel reported on the meeting of the pro bono committee. He gave an update on the 8th Circuit website project and discussed an upcoming VLN seminar on representation of pro bono clients under the new bankruptcy legislation.

Judge Kishel also mentioned that the Bankruptcy Court has posted new local rule amendments on the Court's website and solicited comments on the rules in advance of the approval of them by the Judges. Judge Kishel also noted that proposed interim national rules were accessible through the Court's website.

Treasurer Jo Jensen-Carter reported that the section is flush, with an approximately $16,000 balance in all accounts.

A motion was then made to adjourn the meeting at the conclusion of the speaker's presentation. the motion was seconded and unanimously approved.

Bankruptcy Court Clerk Lori Vojsepka gave a scintillating presentaiton on the flood of bankruptcy petition filings leading up to the October 17, 2005 effective date of the new bankruptcy law. Her presentation was entitled "The 2005 Bankruptcy Blip." Sadly, Lori did not sing her presentation. A copy of her materials is attached.

The meeting was adjourned at 7:20 p.m.

Respectfully submitted,

Clinton E. Cutler

Steve Creasey called the meeting to order at 6:35 p.m. Minutes from the April 19, 2005 meeting were approved.

New Business: Creasey announced the formation of the Publications Committee to revive the Bankruptcy Bulletin. Members of the Committee were announced.

SMRLS needs volunteers to counsel debtors in St. Paul on May 21 & 24. VLN also needs 2-3 volunteers. Brad Thorsen spoke to the Section about VLN and its need for volunteers.

Judge Kishel announced that CM/ECF should be up and running sometime in late October or early November.

Committee Reports:

a. Nominating Committee – Tom Johnson announced the officer nominees for 2005-2006. The following members were elected as officers of the Section: Nauni Manty – President; Bill Wassweiler – Vice President; Clint Cutler – Secretary; and Mary Jo Jensen-Carter – Treasurer.
b. Local Rules – The Judges have revised the Local Rules to address some of the bankruptcy reform. The Bankruptcy Court will publish the revised rules for comment in a few weeks.

a. Legislative - None
b. Pro-Bono – The Pro Bono Committee reports no new business, but continues to work on the Out-state clinic programs
c. Technology – Steve Creasey announced that the Technology Committee was looking for volunteers who are familiar with the District Court CM/ECF system as well as other electronic filing venues in other states in order to make some comparisons between the systems.

a. Legislative - None

b. Pro-Bono – The Pro Bono Committee has agreed to pay the filing fees for the first 5 indigent debtors. Katie Kimlinger will post a notice on the pro bono website. The MSBA has agreed to host an 8th Circuit pro bono website. The Moorehead clinic is up and running.

c. Technology - Lara Glaesman announced that in the coming months, she will be gathering information on the rollout of CM/ECF in the Bankruptcy Court, District of Minnesota. Specifically, she will meet with individuals from the Bankruptcy Court Clerk's office to understand the differences between other CM/ECF programs and ours. The Minnesota Bankruptcy Court is combining components from the current program (ERS) with CM/ECF. Therefore, once our Court converts to the CM/ECF format, it will be a little different
from the CM/ECF programs we use in other Bankruptcy Courts. So, once the information is gathered, the Technology Committee of the Bankr. Sec. will provide a summary of those differences to our section members, as well as post it on the Bankr. Section web site.

a. Legislative - None

b. Pro-Bono – Bill Wassweiler asked members to volunteer to screen potential bankruptcy candidates for the Volunteer Lawyers Network. Wassweiler also introduced two law students who are available to assist lawyers with pro bono matters.

c. (New) Local Rules – The proposed revisions to the Local Rules were submitted to the Bankruptcy Court Judges in December, 2004. The Judges will meet in February to discuss the revisions.

a. Legislative - None
b. Pro-Bono – Committee is working on website. They need volunteers, please contact Bill Wassweiler at Rider Bennett.
c. Technology – Lara Glaesman would like ideas from people.
d. (New) Local Rules – Working on final markup on changes. After a final read-through, the rules will be presented to the judges the first or second week of December.

MSBA BANKRUPTCY SECTION
Minutes of the Section Meeting April 20, 2004

Terri Georgen called the meeting to order and the March minutes were approved.

William Wassweiler reported that the Local Rules Committee is hopeful that it will have a preliminary draft of the new proposed local rules to present to the Judges by July 2004. Roger Stagberg gave a presentation on behalf of the MSBA.

Judge Dreher went through her new calendaring system for scheduling matters on her calendar as well as the new procedures for servicing of her orders. She then presented Objections to Exemptions, Bad Faith and the Equitable Powers of the Court.

The meeting was adjourned at 7:30 p.m.

Respectfully submitted by Nauni Jo Manty.

MSBA
BANKRUPTCY SECTION
Minutes of the Section Meeting February 17, 2004

Steve Creasey called the meeting to order. The January minutes were approved.

Bill Wassweiler reported that the Rules Committee is still gathering comments on proposed changes to the rules and believes the Committee will have a draft by the end of March. The proposed changes would not be completed before the Bankruptcy Institute.

The treasurer, also Bill Wassweiler, reported that the section has “plenty of money”.

Habbo Fokkena presented an Update on Current Issues with respect to the U.S. Trustee's Office. The U.S. Trustee's Office is continuing to pursue civil enforcement in connection with bankruptcy cases. The District of Minnesota is fourth in the Nation for staff inquiries regarding 11 U.S.C. § 707(b) issues. A lively discussion then ensued regarding payment of post-petition attorneys' fees in Chapter 7 cases. Habbo indicated that there have been class actions brought against attorneys in connection with this practice. The case that was discussed at length was Bethea v. Adams, 2003 WL 22961377 (7th Cir. 2003). The Seventh Circuit held that the post-petition collection of attorneys' fees earned before the filing is a violation of the 11 U.S.C. § 524 discharge injunction. The claim for the attorneys' fees is fixed prepetition, regardless of whether the attorneys perform services post-petition. If the attorneys' fees are collected post-petition, they should be refunded to the debtor.

Habbo also covered concerns he has with case administration. For example, he believes the attorney who signs the petition should have actually met with the debtor. The attorney appearing at the 341 should actually know something about the case. And, some firms are using the same valuation for common items such as household goods, computers, clothing, etc. in all of their filed cases – the schedules should reflect real values.

The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
Nauni Manty

MSBA
BANKRUPTCY SECTION
Minutes of the Section Meeting October 21, 2003

Terri Georgen called the meeting to order and the September minutes were approved.

Patrick DeWane reported on the Bankruptcy Court's new fee structure effective November 1, 2003 and provided the section with a handout summarizing the fee increase.

Tom Johnson reported on the success of the Chapter 13 Office's Brown Bag Luncheon. Approximately 30 attorneys attended the October luncheon and will receive 1 CLE credit. The Chapter 13 Office intends to hold these luncheon's on a quarterly basis.

Chief Judge Kishel reported on the formation of the Local Rules Committee. A meeting is scheduled for December 2, 2003 between the committee and representatives of the AO's Bankruptcy Judges Division to discuss changes to the Local Rules in light of the new CM/ECF system. Judge O'Brien will be the judicial appointment to the committee.

Steve Creasey, Chair of the Pro Bono Committee, and Katie Kimlinger reported on the status of the new pro bono website. The site will be located at practicelaw.org.

Steve Creasey, law clerk to the Honorable Nancy Dreher, presented the educational program on the "Insider Secrets of a Law Clerk."

The meeting was adjourned at 7:30 p.m.

Respectfully submitted by William Wassweiler

MSBA
BANKRUPTCY SECTION
Minutes of the Section Meeting May, 2003

Mike Dove called the meeting to order and the April minutes were approved.

The golf outing is scheduled for June 26th, with a picnic following at Judge Dreher's house.

Mike Dove discussed the availability of a list serve option for the section.

The Pro Bono Reception is scheduled for July 22nd. At 3:00 (and prior to the reception) the Pro Bono Committee is hosting a CLE on adversary proceedings to determine dischargeability of debt. Two CLE credits have been applied for. The CLE and the reception will both be held at the U.S. Courthouse in Minneapolis.

The Bankruptcy Institute will be held September 22nd and 23rd at the Hyatt Regency on Nicollet Mall, with dinner at the King and I.

The nominating committee nominated the following members as officers of the section for 2003-2004. Unanimously approved as officers were: Stephen J. Creasey as Vice-Chair, Nauni J. Manty as Secretary, and William P. Wassweiler as Treasurer. This year's Chairperson is Terri Georgen (how did that happen?).

The Pro Bono Committee requested that the section approve $6,000 to fund the pro bono reception, hosting the annual CLE, and for grants to VLN and MJF. The motion was approved. The pro bono committee also reported that the $7500 award from the American College of Bankruptcy will be allocated to the pro bono web-site development and the out state debtor counseling program.
The Honorable Dennis D. O'Brien presented the education program. Judge O'Brien talked about ex parte communication with the Court regarding scheduled matters prior to hearings. Judge O'Brien also talked about the propriety of attorneys discussing a case with other judges, contact with the judge's clerks and staff, and other issues to think about.

The meeting was adjourned at 7:35 p.m. Respectfully submitted by Terri Georgen.

MSBA
BANKRUPTCY SECTION
Minutes of the Section Meeting April 22, 2003

Mike Dove called the meeting to order at 6:35 p.m. The March minutes were amended to strike the
reference to Jasmine Keller. The minutes were subsequently approved with the amendment.

Mike Dove announced that the Bankruptcy Section is seeking nominations for Bankruptcy Section Officers for 2003-2004. Steve Meyer is chairperson of the nominating committee. Nominations are to be submitted to Steve Meyer at smeyer@oppenheimer.com on or before May 9, 2003.

The Bankruptcy Institute is set for September 22 and 23, 2003. Section members are encouraged to submit questions prior to the Institute.

The Pro Bono Committee reported that it was successful in obtaining a $7,500.00 grant from the American College of Bankruptcy. Dorrie Larison was recognized for her time and effort in preparing and submitting the grant application.

The Pro Bono Committee is now accepting nominations for the annual Raeder Larson Public Service
Award. The nomination form will be circulated through the MSBA.

Nauni Manty reported that the Section remains solvent. Mike Dove reported that the Section will not
increase its section dues for the upcoming year.

Mark Halverson gave a legislative report on the pending bankruptcy legislation.

Lara Overton gave an update regarding the Technology Committee. Lara is still looking for additional
committee members.

Roylene Champeaux, Assistant U.S. Attorney, presented the education program. Roylene discussed
various items including practice tips for bankruptcy cases in which the United States is a creditor.

The meeting was adjourned at 7:35 p.m.

MSBA
BANKRUPTCY SECTION
Minutes of the Section Meeting March 18, 2003

Mike Dove called the meeting to order at 6:35 p.m. and the February minutes were approved.

The section is presently looking for a Golf Chairperson for the summer golf outing.

Judge Kishel announced that the complex case committee recommendations on procedures were accepted as modified by the Judges and is presently available on the court website under “Instructions for Filing a Chapter 11 Case”.

Section 363 sales procedures will soon be available on the website.

Review of the local rules will commence in approximately 6 months. The Judge’s anticipate some
retooling of the local rules will be necessary especially as they relate to the electronic filing requirements. Judge O’Brien will be the judicial member of the committee.

Nauni Manty reports that the section remains solvent.

The Pro Bono Reception and CLE will be held on July 22, 2003. The Reception will be held in the foyer of the U.S. Courthouse in Minneapolis. The location of the CLE will be announced. The topic of this years CLE will be credit card dischargeability.

The Pro Bono Committee is presently looking for volunteers for a Committee for Outstate Programs.
Interested members should contact Terri Georgen or Steve Creasey.
The Pro Bono Committee is also working on a website to offer assistance to pro bono volunteers.

An e-mail will be sent to members seeking nominations and providing the criteria for the selection of this years recipient of the Raeder Larson Pro Bono Award.

Lara Overton, Judge Kishel’s law clerk, has agreed to serve as Chairman of the Technology Committee. It is presently a committee of one. Anyone interested in serving on the Committee should contact Lara.

Faye Knowles presented the educational program on her musings on set-off and recoupment.

Jasmine Z. Keller, Chapter 13 Trustee, presented the education program on statistics in Chapter 13 cases, including information concerning the number of cases completed, converted, and dismissed.

The meeting was adjourned at 7:25 p.m.

MSBA
BANKRUPTCY SECTION
Minutes of the Section Meeting February 18, 2003

Mike Dove called the meeting to order and the January minutes were approved.

Patti J. Sullivan, member of the Pro Bono Committee reported that the Committee has submitted a grant request to the American College of Bankruptcy. She also reported that there will be a CLE on credit card dischargability on July 22, 2003, immediately preceding the Pro Bono Reception, at the Minneapolis Federal Courthouse.

The Section remains solvent.

Jasmine Z. Keller, Chapter 13 Trustee, presented the education program on statistics in Chapter 13 cases, including information concerning the number of cases completed, converted, and dismissed.

The meeting was adjourned at 7:45 p.m.

Respectfully submitted by Patti J. Sullivan.

MSBA
BANKRUPTCY SECTION
Minutes of the Section Meeting January 21, 2003

Mike Dove called the meeting to order and the November minutes were approved.

Terri Georgen, Chair of the Pro Bono Committee reported that the Committee was in the
process of requesting a grant from the American College of Bankruptcy. She also reported that
the Committee was close to completing work on the initial phase of the Pro Bono website.

The Section remains solvent.

Judge Dreher reported that Complex Case Committee’s recommendations for Chapter 11
filing instructions, after final approval by the Judges, are now posted on the Bankruptcy Court’s
website.

David Runck of Oppenheimer, Wolff & Donnelly, presented the educational program on
the case of General Electric Capital Corp. v. Sinclair (In re Dial Business Forms, Inc.), 283 B.R.
537 (B.A.P. 8th Cir. 2002) and its implications on the effect of a confirmed chapter 11 plan on a
secured creditors rights under Article 9. Mr. Runck’s presentation was well received and
prompted a lively discussion with the audience.

The meeting was adjourned at 7:45 p.m.

Respectfully submitted by Steve Creasey.

Minutes of the Section Meeting May 21, 2002

Steve Meyer called the meeting to order and the April minutes were approved.

Judge Kishel reminded everyone of the October 1, 2002 electronic filing requirements, commented on Margaret Dosal, and talked about the impending visit by Russian legal professionals this summer.

The section golf outing will take place on June 11th. Judge Dreher has graciously agreed once again to host the barbeque after the golf outing at her home in Edina.

Mark Halverson reported on the status of the bankruptcy reform bill, which is still in committee with disagreement over the abortion clinic provisions.

Mike Dove gave an update on the pro-bono committee. A creditor counseling clinic will be held in Duluth this fall.

Kathy Constantine reported on the status of the Large Case Committee, which has submitted a report to the bankruptcy judges for review. Judge Kishel will be speaking on this topic at the institute.

The section has less money in its account than at the beginning of the year.

The nominating committee recommended the following slate of officers for 2002-2003: Mike Dove, Chair; Terri Georgen, Vice-Chair; Steve Creasey, Secretary; and Nauni Manty, Treasurer. A motion to approve the slate of officers was approved.

Frank McGill gave the educational presentation on the treatment of bankruptcy fraud by the U.S. Attorney's Office.

The meeting was adjourned at 7:35 p.m.
Respectfully submitted by Terri Georgen.

- Last Updated 01/17/07 -