Illinois State Approved Sessions

Hosted by ABI's Bankruptcy Litigation Committee The panelists will discuss the pros and cons of seeking the appointment of a Chapter 11 trustee, effective strategies to prosecute and defend motions to appoint a trustee, and the current state of the case law surrounding such motions.

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and several bankruptcy judges discuss circuit splits and hot topics on important bankruptcy issues. An attendee favorite!

In Partnership with Epiq Year-over-year bankruptcy filings have shown solid increases across most chapters through the first six months of 2023. What trends have emerged this year in consumer and business filings? How do filings compare among different stakeholders and regions of the U.S., and will the trends continue for the second half of 2023? Join ABI and statistical partner Epiq Bankruptcy Analytics for a special abiLIVE webinar during which experts will discuss first-half filings, and in what direction bankruptcies may be headed.

Session 1: Understanding Executory Contract Rejection: Damages, Valuation and Strategy When a debtor files for bankruptcy, it has the option to reject executory contracts, or agreements under which both parties have yet to completely fulfill their obligations. In this panel discussion, experts will explore the process of evaluating the rejection of executory contracts, particularly in cases where the debtor is considering rejecting one or more supplier contracts (vs. leases or other financial obligations of the debtor) and where the case is likely to result in a sale. We will cover: the reasons why a debtor might reject a contract, and the evaluation process for making this decision; the process of accessing the rejection damages to enable bid comparisons and informed planning and decision-making; and how the courts rule on comparing bids that differ on rejections and damages, including the legal standards used to determine the appropriate compensation for the other party. Whether you represent creditors or debtors, or are interested in learning more about contract rejection, this webinar will provide you with valuable insights into the complex world of bankruptcy law and real-world case studies. Join us to gain a deeper understanding of the decision-making process and potential damages involved in rejecting executory contracts.

This session will focus on conflict issues, getting retained and paid, and § 327/disclosure issues.

This panel will explore the thorniest questions that have plagued the courts and created circuit splits regarding consumer bankruptcies, including: Does the Bartenwerfer rule only apply to partnerships and agencies; how much, if anything, may chapter 13 debtors contribute to 401(k)s; who gets post-petition appreciation in a home in chapter 13; and are trustees paid if dismissal precedes confirmation?

Using case law examples, this panel will discuss various aspects of subchapter V in the three years since it became law. Topics will include § 523 and non-individual debtors, whether the minimum required information (e.g., cash flow, tax returns, MORs) is enough to allow creditors to make informed decisions, the role of the subchapter V trustee, the U.S. Trustee guidelines for subchapter V trustees and whether they broaden the role beyond what is set forth in 11 U.S.C. § 1183, what happens when the subchapter V trustee’s role becomes burdensome on small business debtors, and the issues on which a subchapter V trustee has standing to appear before the court.

Customers can play a significant role in Chapter 11 bankruptcy proceedings, both in terms of the value they add to (or detract from) the debtor's business and their potential rights as creditors. In this panel discussion, we will explore the role of customers in Chapter 11 bankruptcy proceedings and the impact they can have on the process, including: The importance of maintaining or rejecting customer relationships and the impact that customer behavior can have on the success of the reorganization or sale process; The creditor role of a customer that can arise by virtue of rejection damages, including the roles and rights a customer gains by becoming a creditor; The consent and approval rights that customers may have in the Chapter 11 process and the implications of these rights for both the debtor and potential bidders in the sale process; The impact that a change of ownership can have on customers, the protections they’re afforded, and how both are addressed in Chapter 11 bankruptcy proceedings. This panel discussion will bring together experts in bankruptcy law, customer relationships, and business strategy to provide a comprehensive view of the role of customers in Chapter 11 bankruptcy proceedings. Whether you represent customers, creditors, or are simply interested in learning more about the bankruptcy process, this discussion will provide valuable insights into this complex area of the law.