Delaware State Approved Sessions

The hotel and hospitality industry has been massacred by the pandemic. How can the Bankruptcy Code, chapter 11 and subchapter V help the industry restructure and survive? This panel will provide analysis and perspective.

Hosted by the Claims Trading and Financial Advisors & Investment Banking Committees This panel will discuss out-of-court loan-priming issues such as Serta and Transocean, among others.

This panel of ABC-certified judges will discuss the applicable rules of professional conduct and other authority implicated in electronic filing, the use of email, “phishing” scams and hacking, and technology issues raised by today’s pandemic practice. The panelists will also consider issues raised by the requirement that many professionals must file public fee applications in bankruptcy cases, as well as fee issues stemming from converted cases, insufficient content in the applications, and problems that arise when the results achieved and the fees sought bear little relationship to each other. Finally, the panelists will consider unique professionalism issues raised by attorneys and law firms as bankruptcy debtors, particularly involving clients and the use of IOLTA accounts, along with more general do’s and don’ts about practicing in bankruptcy court before, during and (hopefully) after the pandemic.

Insolvency professionals work in a multitude of environments, including firms of all sizes, in-house and at financial advising companies. Not every job will have a dedicated DEI department or director. This panel will address how legal professionals can still encourage diversity within the insolvency profession and promote the inclusion of diverse legal professionals at every level.

This panel will discuss the challenges the industry faces post-pandemic, including how to get supplies, staff and other key ingredients to make the business aspect of health care work.

Hosted by the Young & New Members and Commercial Fraud Committees A frequent element of bankruptcy cases is the assertion of claims against the directors and officers of the debtor, particularly when the debtor has a significant D&O insurance policy. This panel will explore the use of fiduciary-duty litigation in bankruptcy by dissecting the anatomy of a D&O lawsuit, including the types of claims asserted and their possible defenses. The panelists will also discuss how to analyze D&O insurance policies, and such key issues as whether the proceeds of D&O policies are considered property of the estate. Finally, the panelists will highlight best practices for debtors’ counsel faced with such claims, and show how to navigate potential ethical issues.

Sponsored by ABI's Commercial and Regulatory Law Committee A distinguished panel of experts will discuss the background and scope of the latest mortgage-servicing regulations promulgated by the Consumer Financial Protection Bureau, and how they could impact your day-to-day bankruptcy practice.

This panel will focus on current M&A activity in the health care industry and where the opportunities lie, including in startups and other technology.

Hosted by ABI's Real Estate Committee Join this panel of subchapter V trustees and attorneys counseling debtors and creditors as they review the basic tenets of the subchapter V legislation, including revisions made to the CARES Act of 2020, with a focus on real estate-based cases. Topics for discussion include unique issues in play, common types of real estate cases being filed, success stories, debtor watchouts, and misconceptions about the role of subchapter V trustees.

This panel will discuss where to put your money to work in the industry and the pitfalls to watch for, including cybersecurity issues.