Business Reorganization

No Condemnation When Government Takes Over Property to Prevent Public Injury

No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.

Examining the Absolute-Priority Rule in Individual Chapter 11 Cases

Feb 2024

Oil and Gas Royalties Never Become Estate Property in Colorado

The Third Circuit gave royalty owners a constructive trust over royalties improperly paid to secured creditors. The circuit court did not rule on remedy.

PPP and similar Litigation: The Pandemic is over. Now, where did all of that money go?

During the Covid Pandemic, the Federal , State and Local governments make billions of dollars in loans to all sizes of business. These programs were rolled out very quickly and the potential for fraud was huge. Now as things shake out, various of the entities that provided the funds are discovering fraud, of all shapes and sizes and bringing suits to recover wrongfully made or fraudulently obtained loans. This session will discuss the various programs, the litigation that is now being pursued by the various "lending sources" and how and when Bankruptcy is being used or implicated by this litigation. This session should address loans made to all size businesses - from the mom and pop business to the multi-million or billion businesses and the various frauds that have been discovered . Attendees will understand the various types of frauds and other issues that have arisen as a result of these "lending" programs being used improperly.
Attendees will understand the various ways in which Bankruptcy can or may be used to either pursue recovery or avoid recovery as a result of the fraud and other improper ways in which these programs were used and abused. Debtor Janet Baer janet_baer@ilnb.uscourts.gov US Bankruptcy Court, ND IL

What do we do with all of this excess office space - the latest Real Estate Crisis

Now that Covid is over, clearly office workers are not going back to their downtown offices full time. This has created a huge gult of unused office space, especially in our downtown city office towers. The session will discuss the current status of the situation, what has been happening in the Bankruptcy courts as a result and suggest creative ways that can or are being used to solve this problem . I would suggest that this panel include a Real Estate Developer or other type of expert, especially to discuss creative ideas for what to do with the space. Attendees will understand the various alternatives that Bankruptcy has to address this problem.
Attendees will learn about new and creative ideas that are being suggested and/or used to repurpose office space and save the buildings and their investors from huge losses. Debtor Janet Baer janet_baer@ilnb.uscourts.gov US Bankruptcy Court, ND Il