Brian Davidoff was quoted among veteran bankruptcy attorneys in a Law360 article that ran July18, 2016 discussing the importance of first-Day motions in setting the tone and direction in a Chapter 11 bankruptcy case.
Tips to make the initial appearance a success included ensuring that proper notification was given to all parties, telling the company’s story and the history of the case from a nuts and bolts perspective, requesting only vital and urgent needs for relief, and knowing the local rules for the particular district or court you are in as well as knowing the judge and how he or she operates.
Local rules went beyond just protocol, and failure to understand them before walking into court could make the difference for a client when it comes to what is allowed for more substantial relief.
"The various courts have what they're looking for in, say, a DIP motion, and without knowing that, you'll run into trouble," said Brian L. Davidoff.
In addition to knowing the local rules, knowing the judge is just as important.
"In Delaware and the Southern District of New York, judges have a tolerance for a broader range of motions than in California," Davidoff continued.