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June 20 - 26, 2004 |
Center for Real Estate Law Hosts 2004 Kratovil Conference
The Center for Real Estate Law and The John Marshall Law Review co-sponsored the 2004 Kratovil Lecture in Real Estate Law, "Real Estate in Bankruptcy: A Look Backwards for a Better View Forwards," Friday, May 21 at the law school.
More than 65 attendees interacted with keynote speakers Professor Douglas Baird, of the University of Chicago Law School; Professor Robert Zinman, of St. John's University School of Law; Professor Mechele Dickerson, of William and Mary School of Law; Professor Paul Lewis, of The John Marshall Law School; former Bankruptcy Judge Ronald Barliant, of Goldberg Kohn Bell & Rosenbloom; and John C. Murray, of First American Title.
The program featured a series of panel discussions with keynote speakers illuminating the significance of the Bankruptcy Code on the real estate industry, and commentators adding their perspectives as practitioners working through the Bankruptcy Code implications.
The first panel discussion, "Expectations for the Code in 1979," featured Baird sharing the aspirations for the code in 1979, when the current version became effective. Joining him was Christopher Horvay, of Gould & Ratner, who shared his perspective on the history of bankruptcy in real estate and the implications for today.
The second panel featured Zinman, who shared his unique perspective as one of the drafters of Sections 363 and 365 of the code. Joining him on the panel was Steven Hartmann, of Freeborn & Peters, provided insights into today's application of these sections on real estate leasing.
"A House is Not a Home: The Housing Financial Trap," featured Dickerson, joined by Professor Debra Stark, of The John Marshall Law School. They discussed the effect that predatory lending practices, especially involving refinancing and second mortgages, has had in personal bankruptcies.
"Operating in Chapter 11" featured Barliant reflecting on his special position as a former judge in Chicago Bankruptcy Court. Faye Feinstein, of Quarles & Brady, and Barry Chatz, of Arnstein & Lehr, provided a client's perspective when analyzing the implications of Chapter 11 filings.
The panel on "Bankruptcy Proofing Devices" featured Murray. He provided a practitioner's voice in discussing and evaluating a variety of bankruptcy proofing devices, while Melanie Rovner Cohen, of Quarles & Brady, reflected her experience that `nothing' is bankruptcy proof.
In "Value Interpretation by The Courts _ The Landmark 203 N. LaSalle Case Five Years Later," Professor Lewis recalled the 1999 Supreme Court decision in Bank of America National Trust and Savings Association v. 203 N. LaSalle Street Partnership, 526 U.S. 434, and its implication for "open interpretation" of value left to the lower courts," featured Deborah M. Gutfeld, of Piper and Rudnick. She commented on today's procedures regarding this issue.
Steven Good, a veteran real estate auctioneer that is involved in many bankruptcy situations, an attorney, novelist, and chairman and CEO of Sheldon Good and Company, provided an engaging lunch presentation providing color to his new book Churches, Jails, and Gold Mines…Mega Deals from a Real Estate Maverick, published in 2003 and among the top sellers on amazon.com. Good attended the reception after the presentations, where he signed books for enthusiastic readers.
The conference was sponsored by Chicago Title and Trust Company; Goldberg Kohn Bell Black Rosenbloom & Moritz, Ltd.; Arnstein & Lehr; Freeborn & Peters; Gould & Ratner; LaSalle Bank; Piper Rudnick; Quarles & Brady, LLP; American Bankruptcy Institute; First American Title Insurance Company; AECRE; Schiff Hardin & Waite; St. John's University School of Law _ LL.M. in Bankruptcy Program; and The Enterprise Companies.
The John Marshall Law Review will publish a symposium issue on real estate in bankruptcy. Past symposium issues have included important articles that have been widely read and have helped to shape real estate law and practice. The Center for Real Estate Law hopes that this symposium issue, expected to be published this fall, will contribute to the scholarship in this field.
Distinguished presenters were welcomed to the John Marshall Law School for the 2004 Kratovil Lecture in Real Estate Law by the Center for Real Estate Law and the John Marshall Law Review. Pictured are (from left), John Marshall Professor Paul; Law Review members Carolina Sales; Mike Bartolic; Dan Kurowski; Professor Douglas Baird, of the University of Chicago Law School; Law Review member Belinda Belk; Professor Mechele Dickerson, of William & Mary School of Law; John Marshall Professor Celeste Hammond, director of the Center for Real Estate Law; Professor Robert Zinman, of St. John's University School of Law; and John C. Murray, of First American Title Insurance Company.
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Previous Issues of Up & Coming
Schedule of Events
June 21
- CIBTL Presentation, Room 3East, 3:00 p.m.
June 23
- AIDS Foundation of Chicago Seminar, Room 1200A, 8:00 a.m.
- Alumni Association Student Bar Exam Survey Project Meeting, Room 1102, 12:00 p.m.
June 25
- Last day to withdraw from classes
June 29
- CTLEB IRS Seminar, Room 1200, 8:00 a.m.
- Alumni Reunion Meeting, Room 1101, 11:00 a.m.
June 30
- CTLEB IRS Seminar, Room 1200, 8:00 a.m.
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Faculty Activity and Publications
Professor Mark E. Wojcik
Activities
He co-taught a Chicago Bar Association CLE seminar with Thomas Keefe, Computer Services Reference Librarian at The John Marshall Law School, on the subject of "Legal Research: Books and Beyond" on June 17, 2004.
Publications
A book for which Professor Wojcik contributed a chapter was nominated as a finalist for a 2004 Lambda Literary Award in the competitive category of GLBT Studies. The book is Love in the Time of HIV by Michael Mancilla and Lisa Troshinsky; his chapter on "Relationships and Jumper Cables" considers whether persons who are HIV-negative should date only persons who are also HIV-negative.
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Staff Notes
Thomas Keefe
Reference Librarian
He participated along with Professor Mark Wojcik at the program, "Legal Research: Books and Beyond," sponsored by the Chicago Bar Association on June 17, 2004. He spoke about alternatives to online contracts and the effective use of free Internet sites for legal research.