Illinois State Approved Sessions

Hosted by the Real Estate Committee. This panel will discuss the financial and legal challenges that continue to confront the real estate market by asset class — including office, hospitality, retail and residential — as well as solutions, bright spots and predictions.

This panel will navigate the evolving landscape of subchapter V bankruptcy with expert insights into strategies that protect your clients’ interests. The panelists will examine critical eligibility requirements — including debt caps, the “engaged in commercial or business activities” standard, and strategic timing considerations — while exploring the unique role of the subchapter V trustee in facilitating reorganization. Discover how recent circuit court splits on corporate discharge exceptions and projected disposable income requirements are reshaping case outcomes. Whether you are new to subchapter V or seeking innovative approaches to common challenges, you’ll gain practical strategies for both debtors and creditors, from pre-filing planning and eligibility pivots to confirmation tactics and § 523 litigation. Learn how to leverage — or defend against — the streamlined procedures that make subchapter V an increasingly attractive option for small business restructurings.

This session will explore the complex legal doctrines that define the rights and limitations of trustees and debtors in bankruptcy. The panelists will examine when trustees and debtors step into the shoes of the debtor, including how pre-petition rights and defenses impact the estate. The discussion also will analyze the application and limits of the in pari delicto doctrine, along with potential workarounds, and provide a close look at the Barton doctrine — its reach, exceptions, and whether protections continue after case closure. In addition, the panelists will consider the implications of the Fifth Circuit’s recent Highland Capital Management decision, including how gatekeeper provisions may reshape Barton protections for post-confirmation estate representatives.

As financial pressures continue to mount in the health care industry, long-term-care facilities are facing unique operational and legal challenges that can quickly lead to distress or insolvency. This panel will explore the complexities of health care bankruptcies, including regulatory hurdles, patient care obligations, and strategies for restructuring or conducting orderly wind-downs. The panelists will discuss key considerations for debtors, creditors and trustees — such as Medicare and Medicaid reimbursement issues, facility licensing and resident transition plans — while offering practical insights on navigating these sensitive cases with both compliance and compassion in mind.

Hosted by the Emerging Industries & Technology and Financial Advisors & Investment Banking Committees. This panel will explore the intricate landscape of recent crypto-related bankruptcies through a multi-faceted lens. The panelists will examine the fast-paced world of on-chain tracing and flow-of-funds analysis, the unique valuation challenges posed by highly volatile digital assets, and the shifting regulatory environment impacting insolvency proceedings. Illustrative case studies from prominent bankruptcies will ground the discussion, offering practical insights into how legal, financial and technical teams are adapting to these emerging challenges.

Agricultural businesses face unique challenges in today’s evolving economic and legal landscape. This panel will explore the key issues shaping agricultural bankruptcies, including the root causes of financial distress for farmers and agricultural enterprises, the role of chapter 12 as a vital restructuring tool, and the range of out-of-court alternatives available to distressed debtors. The panelists also will discuss emerging case law, legislative developments and practical strategies that influence the outcomes of agricultural bankruptcy proceedings, and will provide a comparative analysis of chapter 12, chapter 11 and subchapter V by examining their respective benefits, limitations and procedural considerations for agricultural cases.

ABI’s Vice President-Research Grants will interview Prof. Emeritus Lois Lupica about the structure, progress and preliminary findings of her ABI Endowment-funded Financial Distress Research Project, which examined the tools and other forms of assistance consumer debtors have been using to improve their financial well-being, and determined which ones have proven to be the most successful.

Hosted by ABI's Bankruptcy Litigation Committee. Repeat filings in chapter 13 cases present unique challenges — and opportunities — for all parties involved. In this practical and timely program hosted by ABI's Bankruptcy Litigation Committee, the panelists will examine the tools and mechanisms available under the Bankruptcy Code to navigate multiple-filer situations effectively. Attendees will gain insights into how debtors, creditors and trustees can protect their respective interests, address abusive filing patterns, and utilize litigation strategies to achieve fair and efficient outcomes. Whether you’re seeking clarity on stay relief, dismissal, sanctions or plan-feasibility issues, this session will provide actionable guidance for managing the complexities of repeat chapter 13 filings.

Join Judge Michelle Harner as she leads Professor Bob Lawless through a discussion of Debt's Grip, a recent book co-authored by Prof. Lawless, Pamela Foohey, and Deborah Thorne. In this interview, Judge Harner and Professor Lawless will examine the realities of financial struggle in the United States through the experiences of people who have filed for bankruptcy. The book uses data from the Consumer Bankruptcy Project combined with personal narratives to argue that most bankruptcies result from crises like job loss or medical emergencies, rather than irresponsibility.

This panel, featuring a former U.S. Attorney, bankruptcy trustee and examiner, will cover such key topics as mail/wire fraud, concealment of assets, false statements, perjury and the Fifth Amendment as they relate to crimes in bankruptcy to help keep bankruptcy practitioners and their respective clients out of trouble.