Delaware State Approved Sessions

This session will focus on conflict issues, getting retained and paid, and § 327/disclosure issues.

This panel will discuss eligibility issues and strategies related to chapters 11 and 15, filing in other jurisdictions, and cases such as Modern Land, Global Cord Blood and Comair Ltd.

This panel of leading Supreme Court practitioners will discuss leading cases and different ways of viewing specific problems in bankruptcy vs. appellate courts.

This session will cover recent approaches to sales, recent trends in sale cases, the roles of the various constituents in sale cases, biopharmaceutical sales, lease issues and much more.

This session will cover several confirmation hot topics, including the allowance of mass tort issues, equity-linked DIP facilities, Purdue and third-party releases, exclusivity, mootness, good faith and other confirmation issues.

Law firms, law schools and even courts are not free from bias — the types of bias that you may be aware of, such as race, gender, sexual orientation, ethnicity and disability, but also some types of bias that you might never have focused on. This panel discusses how to identify and work toward eliminating these biases.

This session considers developments in recent case law, including fraudulent transfers in the context of tax lien foreclosures and aggressive pre-bankruptcy planning, alternative noticing, fee issues involving bifurcation and disgorgement, and dischargeability issues. The panelists will provide their perspectives and analyses from the bench, bar and trustee system regarding these latest updates.

This panel will analyze several recent and potentially controversial issues, including current views of the courts, arising in connection with avoidance actions in business bankruptcies, including the extent of due diligence required prior to bringing such actions, the sale of rights in proceeds of avoidance actions and the actions themselves; current views on replacement liens and adequate-protection liens attaching to avoidance actions granted to secured creditors in connection with debtor-in-possession financing and adequate-protection liens; provisions of DIP-financing orders extinguishing the rights of unsecured creditors to pursue avoidance actions against secured creditors; the application of strong-arm statutes and extended reach-back provisions; and issues related to proving insolvency at trial.

This panel will analyze several recent and potentially controversial issues, including current views of the courts, arising in connection with avoidance actions in business bankruptcies, including the extent of due diligence required prior to bringing such actions, the sale of rights in proceeds of avoidance actions and the actions themselves; current views on replacement liens and adequate-protection liens attaching to avoidance actions granted to secured creditors in connection with debtor-in-possession financing and adequate-protection liens; provisions of DIP-financing orders extinguishing the rights of unsecured creditors to pursue avoidance actions against secured creditors; the application of strong-arm statutes and extended reach-back provisions; and issues related to proving insolvency at trial.

This panel will discuss changes across the retail bankruptcy landscape over the last four to five years — before, during and after the COVID-19 pandemic. The panelists will share their perspectives from the debtor, lender, landlord and judicial viewpoints, with a focus on the business, leverage, operational and legal causes and outcomes of retail bankruptcies during these unprecedented times.