Court Administration

This session will address how COVID-19 and stay-at-home orders prompted the rapid adoption of technology by the courts, the lessons learned along the way, and where technology can be used to further improve the efficiency, efficacy and safety of the bankruptcy process.

With courthouses shutting their doors due to COVID-19, trials across the country have been put in an indefinite holding pattern. Certain state and federal courts, bar organizations and private groups have begun pilot-testing courtroom innovations, procedural reforms and presentation technologies to convert jury and bench trials into an online format. This session will address the bench's and bar’s current conversation on if, how and when to conduct trials online. Particular emphasis will be paid to testimonial, documentary and legal decision-making issues germane to bankruptcy trials.

A better understanding of what trustees do in their day-to-day work can help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process. Bankruptcy trustees are often painted as the bad guys: Creditors sometimes think that trustees sell assets at bargain-basement prices for a quick result, or that they're only in it for the fees, and debtors may view the trustee as their arch enemy. But the role of bankruptcy trustees is very challenging, involving and rewarding — not to mention highly regulated. Their work has been further complicated by the emergence this year of subchapter V trustees. This session will provide a better understanding of what trustees do, and will compare the roles of chapter 7 trustees versus the newly minted subchapter V trustees to help debtors and credit and finance professionals appreciate some of the complexities of the bankruptcy process, primarily when it comes to (1) appointment processes; (2) roles; (3) day-to-day duties; (4) fiduciary duties; (5) compliance obligations; (6) immunity, liability and court supervision; and (7) the steps to take to make the trustee happy.

For two years this group has studied the influence of a judge’s gender on the processing and outcomes in bankruptcy cases. Leveraging several studies in non-bankruptcy cases on whether gender influences judicial decision making, this study has looked at 837 student loan discharge opinions and compared the outcomes of those cases based on the gender of the judge and the gender of the debtor. The results demonstrate a statistically significant difference in the way men and women decide such cases. The study now expects to examine survey results from male and female judges to assess discernible patterns. This panel will present the results of this study and will discuss some or all of the following questions: Does gender affect case management? Does gender affect the perception of witnesses? Implicit bias and gender Should counsel tailor case, trial and argument based on the gender of the judge? If so, how can counsel do so? Does the gender of a party ever play an appropriate role in judicial decision making? What can judges do to ensure that gender plays an appropriate role in case determination?

ABI’s expert panel will discuss the changes in the process and practice of bankruptcy courts in the COVID-19 era. Learn how bankruptcy courts across the country have adapted to the crisis and have led the way in utilizing technology to keep their dockets moving and the bankruptcy system working, and hear how ABI’s panelists expect the “new normal” to continue to evolve, and how bankruptcy courts are preparing to handle an expected influx of filings.

Hosted by The Consumer Bankruptcy Committee The CARES Act, which was signed into law on March 27, 2020, has many important economic stimulus measures — including some that will impact bankruptcy. This webinar will discuss Section 1113 of the CARES Act, which, in part, excludes from the definition of “current monthly income” COVID-19 payments made by the federal government related to the COVID-19 federal emergency, and allows debtors who have been affected by the pandemic to modify their chapter 13 plans to allow payments for up to seven years after the first payment was due if their plans were confirmed prior to the enactment of the law. The webinar will also discuss how bankruptcy courts have reacted on a local basis to the need for debtors to suspend their plan payments for extended periods of time due to the COVID-19 federal emergency.

Our expert faculty will review the groundbreaking final report of the ABI Commission on Consumer Bankruptcy and the findings of its Subcommittee on Case Administration and the Estate.

This panel will discuss lessons learned from leveraging technology in administering mega-, mid-size and small chapter 11 cases. The panelists will discuss and demonstrate the use of technology in administering chapter 11 cases, including submission of e-proofs of claim and e-ballots, electronic noticing and solicitation, case administration websites, and electronic claims reconciliation. The panel will also address how to improve the efficiency of using such technologies within the context of small or mid-size chapter 11 cases.