Delaware State Approved Sessions

This panel will discuss ethical considerations prior to filing, including the ethics of negotiating RSAs and pre-paying management incentive plans.

With discussions ongoing in Washington, D.C., regarding increasing the cap for subchapter V filings, subchapter V filings are likely to continue to rise. What are the implications for the resulting cases if the cap does or doesn’t get raised?

This panel will discuss four topics of interest, paying particular attention to litigation strategy and tactics with respect to each. First, we will examine stays pending appeal, particularly stays pending appeals of confirmation orders, including the current state of equitable mootness law in the Second Circuit and elsewhere; when and how to move for a stay; whether and how to make a record at the confirmation hearing to support a later stay motion, and what to do about the bond requirement. Second, we will consider LTL and the standard for dismissal, as well as the importance of making an evidentiary record to support good faith and insolvency on filing. Third, we will consider challenges to the retention of professionals, particularly what standard should govern when a debtor seeks to retain lawyers, investment bankers and other professionals. Should it be the existence of “interests adverse to the estate” or “disinterestedness,” or some combination of the two? We will consider, among other cases, SAS and FTX. Finally, we will consider venue. What are the appropriate criteria that should be considered and relied upon by the debtor when choosing venue and by other parties in interest when challenging the debtor’s choice? How clear or blurry is the line between legitimate strategy and litigation tactics?

This roundtable will provide insights from judges of the Eastern and Southern Districts of New York (and surrounding areas) on selected hot topics.

This panel will discuss the current (post-COVID) landscape of retail and franchise cases, as well as pre-filing issues, first-day issues, post-filing “right-sizing” and § 363 sale issues.

Panelists from around the Central States region will discuss the current status of receiverships in their states, with a specific focus on cannabis cases.

The panelists and the audience will discuss the fundamentals of mediation and risk assessment, focusing on key skills that can increase the effectiveness of their mediations. This session will cover best practices for mediators to maximize their chances for successful mediations, common pitfalls in assessing your client’s risk and how to overcome them, and the importance of confidentiality in mediation.

This panel will provide a review of recent confirmation issues, including reinstatement in a rising-interest-rate environment, cramdown and Till in a rising-interest-rate environment, the entitlement to or apportionment of the increased value of collateral, new versions of pre-disclosure-statement plan-commitment agreements, make-whole obligations as unmatured interest, solvent debtors and creditors’ entitlement to post-petition interest, and the evolution of equitable mootness.

Following a brief introduction into the modern-day Wild, Wild West of currency that is crypto, this panel will discuss the rise in crypto bankruptcy filings, the unique issues and challenges of crypto bankruptcies, and the future of crypto.