Over the past several years, lending to "Special Purpose Entities" or "Bankruptcy Remote Entities" has become more and more common, with documents including ever more creative terms intended to reduce the risk of a borrower filing for bankruptcy including This session will provide an update as to whether court's have enforced these bankruptcy risk mitigation provisions, especially in light of recent decisions relating to independent directors (In re 301 W. N. Ave. LLC, 2025 WL 37897 (Bankr. N.D. Ill. 2025)) and waivers of the automatic stay (In re DJK Enterprises LLC, 24-60126 (Bankr. S.D. Ill. 2025)).