Delaware Views from the Bench 2015

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Delaware Views from the Bench 2015

November 23, 2015 Hotel du Pont, Wilmington, DE

ABI and the Delaware State Bar Association have once again joined forces to present this top program, returning to Wilmington by popular demand! Gain new perspectives as the judges of the Delaware bankruptcy and federal appellate benches join some of the nation’s leading bankruptcy practitioners to offer their unique insights on hot-button issues.

The conference will take place at the beautiful and historic Hotel du Pont in downtown Wilmington. We look forward to seeing you there!



Event Information 232925

Monday, November 23

8:30-9:30 a.m.

Registration and Continental Breakfast

9:30-10:45 a.m.

Bankruptcy Litigation: Emerging Tactics and the Do’s and Don’ts

This panel will delve into the tactics being employed in complex cases, such as the attempt at a pre-emptive involuntary filing in the Caesars cases, the objections to fees post-Asarco, and the numerous Energy Future adversary proceedings. The panel will also include observations from the judicial panelists on what is and is not effective in persuading a court.

Hon. Laurie Selber Silverstein

U.S. Bankruptcy Court (D. Del.); Wilmington

Hon. Leonard P. Stark

U.S. District Court; Wilmington



Adam G. Landis

Landis Rath & Cobb LLP; Wilmington 



David M. Hillman

Schulte Roth & Zabel LLP; New York

J. Christopher Shore

White & Case LLP; New York 

Robert J. Stark 

Brown Rudnick LLP; New York 

10:45-11:00 a.m.

Coffee Break

11:00 a.m.-12:15 p.m.

Delaware Fiduciary Litigation Meets Distress and Bankruptcy

Recent cases in bankruptcy court and the Court of Chancery have addressed fiduciary duty claims and the standing of creditors to bring such actions. This panel will address the current state of the law on when fiduciary duties may be owed to creditors of a distressed company, synthesizing the intersection between bankruptcy law and Delaware law, the recent decisions addressing who can bring claims and when, and the practical realities of advising D&Os on their duties.

Chancellor Andre G. Bouchard

Delaware Court of Chancery; Wilmington 

Hon. Kevin Gross

U.S. Bankruptcy Court (D. Del.); Wilmington

Hon. Kent A. Jordan

U.S. Court of Appeals, Third Circuit; Wilmington 



William P. Bowden

Ashby & Geddes, PA; Wilmington 



Prof. Michelle M. Harner

University of Maryland School of Law; Baltimore

Thomas B. Walper

Munger, Tolles & Olson, LLP; Los Angeles 

12:15-1:15 p.m.

Networking Luncheon

1:15-1:45 p.m.

Keynote Speaker

Kevyn Orr

Jones Day LLP; Washington, D.C.


As Detroit’s Emergency Manager, Orr oversaw the largest and most complicated municipal bankruptcy proceeding in U.S. history. Due to his work in Detroit, he was named 9th out of the 100 most powerful people in finance in 2013 by Worth magazine and as one of the “World’s 50 Greatest Leaders” in 2015 by Fortune magazine.

2:00-3:15 p.m.

We’ve Gotta Get Out of This Place: Finding Exits in Difficult Cases

 This panel will address the difficulties of achieving exits in difficult chapter 11 cases, such as liquidating cases where there is little cash and competing claims, and the effect of the Jevic ruling on the use of structured dismissals. The panel will also highlight recent efforts to make confirming a plan in a tight case more reasonable, including local rules initiatives across the country and ABI’s Task Force on Plan Confirmation.

Hon. Kevin J. Carey

U.S. Bankruptcy Court (D. Del.); Wilmington

Hon. Mary F. Walrath

U.S. Bankruptcy Court (D. Del.); Wilmington



Domenic E. Pacitti

Klehr Harrison Harvey Branzburg LLP; Wilmington 



Jennifer C. Hagle

Sidley Austin LLP; Los Angeles 

Sharon L. Levine

Lowenstein Sandler LLP; Roseland, N.J.

Christopher J. Marcus

Kirkland & Ellis LLP; New York 

3:15-3:30 p.m.

Refreshment Break

3:30-4:45 p.m.

The Evolving Dynamics of Secured Lending and the Rights of Secured Creditors

This panel will explore recent developments affecting the rights of secured parties in bankruptcy cases, including the recent make-whole decisions from the Energy Future and Momentive cases, the use of cramdowns following the Momentive opinions, and the complexities of dealing with unitranche facilities in bankruptcy cases.

Hon. Brendan Linehan Shannon

U.S. Bankruptcy Court (D. Del.); Wilmington

Hon. Christopher S. Sontchi

U.S. Bankruptcy Court (D. Del.); Wilmington



Jeremy W. Ryan

Potter Anderson & Corroon LLP; Wilmington 



Damian S. Schaible

Davis Polk & Wardwell LLP; New York 

Ray C. Schrock

Weil, Gotshal & Manges LLP; New York 

Scott D. Talmadge

Kaye Scholer LLP; New York  

4:45-6:30 p.m.

Networking Reception


Judicial Chair

Hon. Brendan Linehan Shannon

U.S. Bankruptcy Court (D. Del.); Wilmington

Hon. Laurie Selber Silverstein

U.S. Bankruptcy Court (D. Del.); Wilmington

Program Chair

Steven K. Kortanek

Womble Carlyle Sandridge & Rice, LLP; Wilmington

Steering Committee

Erin K. Brignola

Cooper Levenson Attorneys at Law; Bear, Del.

Daniel J. DeFranceschi

Richards, Layton & Finger, PA; Wilmington

Kurt F. Gwynne

Reed Smith LLP; Wilmington

Kimberly A. LaMaina

Skadden, Arps, Slate, Meagher & Flom LLP; Wilmington

Margaret M. Manning

Gavin/Solmonese LLC; Wilmington

Pauline K. Morgan

Young Conaway Stargatt & Taylor, LLP; Wilmington

Kerri K. Mumford

Landis Rath & Cobb LLP; Wilmington

James E. O'Neill

Pachulski Stang Ziehl & Jones LLP; Wilmington

Domenic E. Pacitti

Klehr Harrison Harvey Branzburg LLP; Wilmington

Marion M. Quirk

Cole Schotz P.C.; Wilmington

Jeremy W. Ryan

Potter Anderson & Corroon LLP; Wilmington

Stanley B. Tarr

Blank Rome LLP; Wilmington

Gregory W. Werkheiser

Morris, Nichols, Arsht & Tunnell LLP; Wilmington


Conference Information


The Hotel du Pont, a landmark historic property and premier business and corporate meeting establishment, will be the site of the conference. Located in the heart of Wilmington, the hotel is only 25 minutes from Philadelphia International Airport, one hour by train from Washington, D.C., and 1.5 hours by train from New York. ABI has secured a limited number of rooms at a discounted conference rate of $229 per night. To make your reservation, call (302) 594-3125 and ask for the special ABI rate.

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by November 2, 2015. No refunds will be made if notice is received after November 2, although substitutions will be allowed. After November 2, upon written request, a coupon for 20% off the registration fee (not including optional events)will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.

Continuing Education

Approval for approximately 4.25 hours of continuing legal education credit is pending in states calculating CLE on a 60-minute hour, and 5 hours of general CLE credit are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. California MCLE: ABI certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 4.25 hours. NY MCLE: This transitional and nontransitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 5 credit hours. 5 hours of CPE credit are also available. Mark the appropriate box on the registration form.


*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge in insolvency matters (pursuant to the “Statement on Standards for CPE Programs” established by AICPA and NASBA). ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN, 37219-2417, or For more information regarding administrative policies such as complaint and refund, please contact the American Bankruptcy Institute at (703) 739-0800. For more information about the conference, please e-mail [email protected].

Financial Hardship Statement

ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, we may allow the individual to work at our registration area for a few hours during attendee check-in, or assist in conference set-up. ABI also has reduced rates for government employees, professors, law clerks and students. For information on tuition assistance, send an e-mail to [email protected].

General Sponsors


Ballard Spahr

Barnes & Thornburg

Blank Rome LLP

Blank Rome LLP

Chipman Brown

Cole Schotz

Cozen O’Connor

DLA Piper

Fox Rothschild

Gavin Solmonese

Greenberg Traurig

Landis Rath & Cobb LLP

Loeb & Loeb LLP

Morris, Nichols, Arsht & Tunnell LLP

Pachulski Stang

Pepper Hamilton LLP


Potter Anderson

Richards Layton Finger

Saul Ewing

Skadden Arps

SSG Capital Advisors

Womble Carlyle

Young Conaway

Special Thanks

We extend our special thanks to Conway MacKenzie for the conference educational materials on USB drives, Donlin, Recano & Company, Inc. for the conference lanyards, Thomson Reuters for the printed educational materials and Wilmington Trust for the tote bags.




Registration Rates* Early Bird
Postmarked by 10/23/15
after 10/23/15

ABI/DSBA Gov’t./Aca./Nonprofit Member
New ABI Member*
New Gov’t./Aca./Nonprofit ABI Member*

*Includes a one-year ABI membership for new members only — a $295 value! Membership is individual and nonrefundable. To renew your membership, see below.