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Illinois State Approved Sessions

Subchapter V: Cutting-Edge Issues

As subchapter V use increases across the country, the courts continue to interpret and explore the bounds of the statute. This panel will discuss the emerging issues being addressed by practitioners and the courts, including developing eligibility questions and the varied applications of the statute to different and unique debtor situations, and will provide a review of the timeliest opinions that are impacting debtors and creditors in these proceedings.

Updates on Mass Tort Bankruptcies

This panel will discuss the current status of nonconsensual third-party releases (Purdue, Aearo, Boy Scouts, LTL), good faith and financial distress, alternatives to nonconsensual releases, international comparisons, preservation and impact of insurance, and case administration issues that include obtaining consent, conflicts among claimants represented by a single firm, and preservation of a claimant’s “day in court.”

Corporate Investigations for Companies in Distress: Planning, Process and Execution

This panel will provide attendees with a step-by-step process to review potential claims against parties-in-interest in chapter 11 proceedings. The panelists will review the establishment of independent directors/special committees and scope of authority, the process plan regarding a proposed investigation, execution of the plan during chapter 11 proceedings, and addressing issues, allegations and disputes raised by stakeholders.

The Role of Artificial Intelligence in Consumer Debt and Bankruptcies

This panel will discuss the emerging and ever-changing role of artificial intelligence (AI) and machine learning (ML) in the administration of consumer debt, and the effects on bankruptcy cases. The panelists will discuss how the technology has been used in both account-servicing and court filings, where it may be going, and potential pitfalls to be mindful of as AI/ML becomes more common.
1 hour 2 minutes 15 seconds

Climate Change: The Leading Cause of Tomorrow’s Insolvency Problems

Climate change is ravaging the world through droughts, flooding, fires, intense heat and deforestation, among other environmental events. Numerous industries have already been impacted, and other industries will be affected, including agriculture, hospitality, construction and insurance. This panel provides an overview of the economic impact of climate change and the ways in which insolvency professionals will be expected to address this ever-increasing cause of financial distress.

View from the Bench

This session will provide an overview of recent cross-border and international decisions interpreting the UNCITRAL Model Law as incorporated in local bankruptcy and insolvency laws, as well as considerations of jurisdictional boundaries and comity principles applied to the recognition of foreign plans and claims processes.
1 hour 10 minutes 53 seconds

The Sharing, Splitting, Unbundling, Factoring, Financing, Bifurcation and Disclosure of Debtors’ Attorneys’ Fees: Ethical Ramifications and What You Need to Know

This panel will discuss the ethical duties and obligations of debtor’s counsel when unbundling legal services in chapter 7 cases. From the marketing of no money/low money down to adequate disclosures, the nuances of fee bifurcation sometimes create a fine ethical line on which to walk. The panelists will provide practical advice on how to comply with ethical concerns, and will discuss how different districts across the country have addressed the issue.
1 hour 1 minutes 20 seconds