Jason M. Torf
Partner
Jason M. Torf is experienced in various aspects of both Chapter 7 and 11 bankruptcy proceedings.
He has represented:
- Secured and unsecured (including priority) creditors
- Landlords
- Indenture trustees
- Post-petition debtor-in-possession lenders
- Chapter 11 debtors-in-possession
- Chapter 7 trustees
He also has experience working with unsecured creditors' committees and representing individual creditors as committee members.
He frequently represents utility companies, pipelines, and forward contract merchants. He has particular experience negotiating and litigating adequate assurance issues under the Bankruptcy Code and non-bankruptcy law.
His practice also includes the defense of preference and fraudulent transfer actions. Mr. Torf regularly represents clients in commercial litigation matters, both in bankruptcy courts and in various other federal and state courts. He has also represented financially distressed businesses in workouts and assignments for the benefit of creditors.
Mr. Torf has extensive experience representing commercial and industrial landlords in significant bankruptcy cases across the country with respect to their assertion of rejection claims, postpetition administrative claims, and myriad other issues.
Experience
Mr. Torf successfully represented CenterPoint Properties Trust, a major commercial and industrial real estate investment trust (REIT) in the Midwest, in Ha-Lo Industries, Inc. v. CenterPoint Properties Trust, 342 F.3d 794 (7th Cir. 2003).
He obtained a decision requiring the debtor to pay the full month's rent where rent under the lease came due on the first day of the month, notwithstanding that the lease was rejected mid-month and most of the rent at issue accrued after the lease was rejected.
Publications
"Strategies and Tactics for Creditors' Committees," Chapter 15, Bankruptcy Litigation 2d (Co-Author), Thomson/West (2007)
"Perfecting Article 9 Security Interests Under Illinois Law," Chapter 2, Secured Transactions, Illinois Institute for Continuing Legal Education (annual updates from 2001 to 2007)
"Bankruptcy Basics for E-Businesses," Start (March 2002)
"Illinois Secured Transactions under Revised Article 9 of the Uniform Commercial Code, Forms and Practice Manual," Data Trace (2002, supplemented annually)
"Proposed Changes to the Rights of Foreign Representatives Under the U.S.
Bankruptcy Laws,"American Bar Association Section of Business Law, Committee on Business Bankruptcy Program: "International Creditors' Rights Issues Including Cross Border Insolvencies, Comity, UNCITRAL Model Law and Challenges Facing Creditors in the Next Millennium," American Bar Association Annual Meeting, London (2000)
Speeches and Presentations
"Using the Debtors Funds to Indemnify Directors and Officers, and the Cases
For and Against Derivative Standing," National Conference of Bankruptcy Judges and the American Bar Association Business Bankruptcy Committee, Disposition of Property Subcommittee (October 2002)
Awards and Honors
Illinois Rising Star — Bankruptcy and Creditor-Debtor Rights, Illinois Super Lawyers
Education
University of Illinois College of Law
(J.D.,
1998)
University of Illinois at Urbana-Champaign
(B.S., Finance,
1995)
Professional Memberships
American Bar Association
Section of Business Law
Committee on Business Bankruptcy
Chicago Bar Association
American Bankruptcy Institute
Civic and Charitable Memberships
Northern Region Jewish Community Center
Board of Directors
