Materials from Delaware Views from the Bench and Bar
The Delaware Views from the Bench and Bar was held in Wilmington, Del. on November 3, 2008. The American Bankruptcy Institute and the Delaware State Bar Association partnered to present the program, designed to provide insights from the Delaware judges' perspective as well as those of leading bankruptcy practitioners. Included in the program were several relevant sessions to the committee.
The panelists for the session "Third Circuit Update" discussed the rules of joint representation and attorney client privilege as well as a ruling regarding Bell Canada Enterprises, Inc. documents. The panel was moderated by Mark D. Collins of Richards, Layton & Finger, PA in Wilmington, and included Marc Abrams of Willkie Farr & Gallagher LLP in New York, Hon. Kevin J. Carey, U.S. Bankruptcy Court, Wilmington, Marcia L. Goldstein of Weil, Gotshal & Manges LLP in New York, David G. Heiman of Jones Day in Cleveland and Alan W. Kornberg of Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York. Click the link below to view the materials.
In the session "Views on Valuation Issues," panelists discussed how courts may approach valuation questions on mortgage-backed securities and other "bad debt." The panel included Richard L. Epling of Pillsbury Winthrop Shaw Pittman LLP in New York, Thomas E. Lauria of White & Case LLP in Miami, Hon. Christopher S. Sontchi, U.S. Bankruptcy Court, Wilmington, and Michael L. Tuchin of Klee, Tuchin, Bogdanoff & Stern LLP in Los Angeles. Gregg M. Galardi of Skadden, Arps, Slate, Meagher & Flom LLP in Wilmington moderated. Included in the session materials are two papers written by panelists. Richard L. Epling contributed "Coming Valuation Problems of Mortgage-Backed Securities & Credit Default Swaps in Bankruptcy." "Should Valuation Have Such a Material Role in Chapter 11?" was written by Thomas E. Lauria. Click the links below to read the articles.
Should Valuation Have Such a Material Role in Chapter 11? by Thomas E. Lauria and Lane E. Begy (pdf)
In the session "Views on Retailer Bankruptcies," the panel discussed how the current economic crisis has exacerbated the great decline in the ability of retailers to emerge successfully through bankruptcy. Pauline K. Morgan of Young Conaway Stargatt & Taylor, LLP in Wilmington, moderated the panel, which included Paul Basta of Kirkland & Ellis LLP in New York, Jay R. Indyke of Cooley Godward Kronish LLP in New York, Hon. Mary F. Walrath, U.S. Bankruptcy Court, Wilmington, and Hon. Peter J. Walsh, U.S. Bankruptcy Court, Wilmington. Click the link below to view the materials.
Views on Retailer Bankruptcies (pdf)