Illinois State Approved Sessions

ABI Editor-at-Large Bill Rochelle, author of Rochelle’s Daily Wire, will lead a discussion with a panel of judges regarding recent significant cases involving subchapter V case law, simultaneous representation, and the need for financial distress before filing.

This panel will discuss the differences between state court assignments for the benefit of creditors and receiverships, and chapters 11 and 7 and subchapter V.

This panel will delve into emerging issues in bankruptcy cases, offering perspectives from practitioners, chapter 13 trustees and the bench. The panelists will focus on post-confirmation appreciation in asset values, such as who gets the appreciation if the house sells during the chapter 13 or if the case converts to chapter 7; early plan payouts, evaluating final payments before the end of the commitment period, hardship discharges and creative plan modifications; no-look and bifurcated fees; and end-of-case mortgage issue solutions.

This panel will analyze and discuss the Supreme Court’s blockbuster decisions in Purdue Pharmaceuticals (non-consensual non-debtor releases), Truck Insurance (insurance neutrality in chapter 11 cases), and John Q. Hammons (refund of unconstitutional US Trustee fee overpayments). Learn about what these decisions mean for similar pending cases and for the future of chapter 11 practice, as well as what these decisions tell us about the Supreme Court and its approach to addressing bankruptcy law issues.

This panel will discuss the changes and trends in dealing with distressed commercial real estate, including commercial office buildings, high-rise office buildings, medical offices, apartments, nursing homes and shopping centers, among other assets. We also will discuss loan workouts, remedies for distressed loans such as receiverships, foreclosures, deed of trust sales, deeds in lieu of foreclosure, guarantees, abandonment or turnover of assets and bankruptcy, and landlord/tenant issues and their impact on the landlord’s loan. The topics in this interactive discussion apply to and are not unusual for attorneys experienced in real estate finance, loan workouts, receiverships, bankruptcy and lender liability.

This session will focus on artificial intelligence, disclosures, privilege issues and sanctions.