U.S. Courts sent this bulletin at 07/10/2015 03:26 PM EDT
From the Clerk
Welcome to this edition of “The Delaware Docket”. In addition to our regular features we have
added “By the Numbers”. This section
will track our case filings by category through the use of graphs and charts. We update these numbers on a monthly basis;
and they form the basis for our staffing allocation. This issue also showcases the informative
visual display in our intake area flat screen monitor designed to better assist
the public. The Court Staff work very
hard to not only provide the needed support to our Judges; but also provide
superior service to the Bar and the Public who utilize our services. We invite and appreciate your feedback.
For CM/ECF technical support or attorney registration questions
Tech Helpdesk - 302-252-2949
To provide advance notification of an incoming Chapter 11 - 302-252-2914
(Note: do not disclose the name of the debtor that will be filing)
All media related questions/concerns -
302-252-2914
When filing motions for pro hac vice, please enter the name of the specific party that is being represented. (i.e. not "several utility creditors")
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.