Consumer Forum

          On June 23, 2015 the Delaware Consumer Bankruptcy Open Forum was held, and was chaired by Judges Shannon and Silverstein along with the Chapter 13, Trustee Michael Joseph.  The forum is held periodically and serves to keep the consumer Bankruptcy Bar and Bench appraised of local trends, share issues of concern and best practices.  The forum was also attended by members of the consumer bar, Legal Service Corporation, panel trustees and representatives of the Clerk's Office.  Several notable concerns were expressed, the first of which was a request for consistency between Judge Shannon's and Judge Silverstein's chambers regarding the submission of Certificates of No Objection (CNO) and Certifications of Counsel (COC) in consumer cases.  Judge Silverstein agreed to the proposed approach. Going forward, consistent with Judge Shannon's Chamber's procedures, a hard copy is no longer required to be delivered to Judge Silverstein's chambers.  Instead, counsel shall send a timely email to Lora Johnson (Lora_Johnson@deb.uscourts.gov) containing a PDF of the motion, the subject CNO or COC, and a clean copy of the order. 

            The travel burdens for downstate counsel regarding 341's were discussed.  Judge Shannon expressed his understanding that the travel burden can be difficult for downstate counsel. Michael Joseph noted that there are many issues incumbent with holding 341 meetings, including security, for the trustees and counsel in meetings held in person.  The court has no objection to 341's being done by video conference, however the U.S. Trustee is responsible for overseeing the 341 process.  Judge Shannon suggested the U.S. Trustees office look into the possibility for allowing video 341 meetings, assuming it does not conflict with their other policies.  

            A discussion was also had regarding the preference for consistency in the transmittal of information to the trustees.  The trustees expressed concerns regarding receiving key documentation in a timely fashion, including tax returns, pay advices, proof of insurance, proof of identity and social security numbers.  It was noted that often, when these key documents are not timely provided, the trustees must resort to rescheduling 341 meetings, and in certain instances filing motions to dismiss before actually getting the necessary documents. 

             Judge Shannon announced in the meeting his intent for a Consumer Bankruptcy CLE to be delivered in the Fall 2015, tentatively on October 27th, consisting of 3 hours of ethics credit.  He also noted that he and Judge Silverstein were contemplating an ongoing consumer Bankruptcy Bench and Bar similar to the one currently held in by the business Bankruptcy bar in the Fall and Winter.  More information will be disseminated as the program develops.

 Tony Kelly,    Director of Operations

By the Numbers...

New Visual Display in the Lobby

The court has installed a new flat screen in the lobby displaying relevant information for public viewing.