Vermont

This panel will consider issues related to the preparation and presentation of first-day motions, including strategies for guiding the company through the pre-filing process, efficient and timely collection of relevant data, and the presentation of necessary information to the court.

This panel will discuss the similarities and differences of judicial approaches in Delaware’s two most prominent business courts: Chancery and Bankruptcy. The panelists will discuss how the different courts approach their reviews of transactions and the statutory interpretations for two statute-driven practices, and how an appellate court views the two courts.

This panel will discuss the best practices for drafting motions and briefs and presenting those filings to the court when they are contested and uncontested. The panelists also will discuss the pitfalls to avoid when drafting motions and briefs and presenting those pleadings to the court.

Great Debates

Resolved: Passively holding an asset of the estate in the face of a demand for turn-over violates the stay. (I swear, Your Honor, I didn’t do anything!)

Resolved: Gift plans violate the Bankruptcy Code and are outlawed by Jevic. (Is it really a birthday without the gifts?)

Resolved: A trustee should be permitted to avoid transfers occurring many years prior to the petition date by stepping into the shoes of “special” creditors such as the IRS or the FDIC pursuant to § 544(b). (I’m Baaaack!!!)

In recent years, fiduciary duties have dominated the landscape of bankruptcy cases. Often, claims against officers and directors are the only source of recovery for unsecured creditors. This panel will examine recent trends and case law impacting officers and directors in bankruptcy cases. The panel will also discuss best practices for counsel representing debtor officers and directors.