Delaware State Approved Sessions

We often forget that what we say and how we say it can signal more than we intended. One of the primary ways in which "what we say"/"how we say it" creates such signals is with the wording of time entries, whether or not those time entries are ever reviewed by a bankruptcy court. Clients read bills, too, so if one wants to communicate that their work was valuable and efficiently performed, the fable of Goldilocks comes to mind: The time entries need to be "just right." When they're not, clients and courts can draw conclusions that we never intended them to draw. This panel will discuss these issues and more.

This panel will provide an overview of the requirements for a reorganization plan in subchapter V cases under the Small Business Reorganization Act, including the new fair-and-equitable standard for cramdowns, and effective strategies to get to plan confirmation.

This panel will focus on Congress’s new foray into streamlining small business reorganizations under the Small Business Reorganization Act of 2019, as amended by the CARES Act of 2020. The panelists will examine similarities and differences between subchapter V and traditional chapter 11 reorganization, debtor eligibility, and the role of the newly created position of subchapter V trustee. The panelists will then examine early decisions on these issues from bankruptcy courts around the country.

While there can be no doubt under our current system of jurisprudence that lower courts are bound by the published decisions of appellate courts, the question remains: What can a trial court do with broad pronouncements found in an appellate decision based on limited or dissimilar facts? Judge Michael will discuss the dilemma of interpreting and using appellate precedent.

On January 14, 2021, the Supreme Court ruled in the case of City of Chicago, Illinois v. Fulton that the mere retention of estate property after the filing of a bankruptcy petition does not violate 11 U.S.C. § 362(a)(3), which operates as a “stay” of “any act” to “exercise control” over the property of the estate. ABI Editor-at-Large Bill Rochelle will host a discussion with two leading bankruptcy academics who filed amicus briefs in the case, Profs. John Pottow of the University of Michigan Law School (Ann Arbor, Mich.) and Ralph Brubaker of the University of Illinois College of Law (Champaign, Ill.), to analyze the decision and its impact on future bankruptcy case law.

Sponsored by ABI's Business Reorganization Committee Please join us for an overview and discussion of chapter 11 cases addressing the nature and treatment of oil and gas gathering agreements. Since the 2016 decision in Sabine Oil & Gas, courts have grappled with whether midstream contracts contain real property covenants that “run with the land” and whether chapter 11 debtors can reject contracts with their midstream providers. In the most recent decisions on this issue (Extraction and Southland), the Bankruptcy Court for the District of Delaware found that the debtors’ gathering agreements did not satisfy the elements required to create such a real property covenant. This CLE will cover (i) foundational law and principles regarding contract rejection and covenants “running with the land”; (ii) an overview of seminal cases, including the most recent decisions in Extraction and Southland; and (iii) a discussion of potential implications of recent case law and guidance for parties navigating this issue.

Presented by NACBA This panel will focus on recent cases that have reexamined the proper application of the Brunner standard without the punitive standards, as well as cases that have distinguished and explained portions of § 523(a)(8) and why they don’t apply to all private student loans. Finally, the panelists will discuss the effect that the CARES Act has had on student loans.

Presented by the Hon. Steven W. Rhodes Consumer Bankruptcy Conference This session will address the impact that COVID-19 has had on consumer bankruptcy law practice, and what the post-COVID future might look like. The panelists will discuss how court policies and procedures have changed over the course of this health crisis, and will provide a high-level review of substantive issues that have been altered in consumer bankruptcy practice, such as mortgage-forbearance issues. The panelists also will share their experiences working to safely and effectively meet the needs of clients, manage firm business and improve remote work practices. Highlighted will be the importance of proper data-privacy and client-confidentiality measures, and the valuable role of staff productivity measures and tracking controls. The session will also delve into creating emergency-preparedness plans to uphold attorney duties and adequately meet the needs of clients and firm staff in the event of an emergency, untimely death or disability of a firm’s principal or key employee.

Presented by the Hon. Eugene R. Wedoff Seventh Circuit Consumer Bankruptcy Conference This session will provide a judge’s perspective on preferences for virtual hearings and trials, trustee and debtor attorney discussions on § 341 meetings, and best practices from U.S. Trustee and debtor’s attorney points of view.

Presented by NACTT Chapter 13 trustees will provide their perspectives on the overlooked benefits of chapter 13 in this session, as well as what constitutes a successful chapter 13 case.