Bankruptcy Authority Post Stern, Bellingham and Wellness: Navigating the Uncertainties in Claims Litigation

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, July 9, 2015

Recorded event now available

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Course Materials

This CLE course will provide bankruptcy litigators with a review of how bankruptcy courts have been handling Stern claims, the impact of the Court’s Bellingham ruling and the Supreme Court’s recent ruling in Wellness.

Description

Stern limited the power of bankruptcy courts to enter final judgments on state law counterclaims. Post Stern and Bellingham, bankruptcy courts have been deciding state law and other non-“core” claims by issuing proposed findings of fact and conclusions of law for the district court’s de novo review. 

Issues that continue to be litigated include what claims are Stern claims, whether the defendant has consented to the bankruptcy court hearing and entering final judgment on a case, and whether a defendant can consent.

The issue of whether a party can consent to the bankruptcy court’s final adjudication of a Stern claim was the subject of the Supreme Court’s recent ruling in Wellness. The Court expanded the power of bankruptcy courts to enter final judgment on Stern claims if the parties knowingly and voluntarily consent, but that consent does not have to be express.

Listen as our authoritative panel of bankruptcy practitioners guides you through the evolving law of bankruptcy court jurisdiction and the impact of Supreme Court’s rulings on bankruptcy claims litigation.

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Outline

  1. Overview of Stern/Bellingham core vs. non-core bankruptcy proceedings
  2. Bankruptcy court guidance on what constitutes a Stern claim
  3. Bankruptcy court guidance on waiver and consent
  4. Fraudulent transfers and preference litigation
  5. Analysis of Court’s recent decision in Wellness

Benefits

The panel will review these and other key issues:

  • Has Stern/Bellingham made it more difficult or more costly for debtors and trustees to assert counterclaims against creditors?
  • What guidance have bankruptcy courts provided in determining what is, or is not, a Stern claim?
  • What guidance does Wellness provide in determining whether the parties have consented to the bankruptcy court’s authority to enter final judgment on a Stern claim?
  • What is the impact of the Supreme Court’s Wellness ruling on current bankruptcy claim litigation?

Faculty

Demetra L. Liggins
Demetra L. Liggins
Partner
Thompson & Knight

Ms. Liggins has over a decade of experience in business finance and restructurings. She helps navigate clients through...  |  Read More

Weber, Corey
Corey R. Weber
Partner
Ezra Brutzkus Gubner

Mr. Weber represents bankruptcy trustees, creditors, committees of unsecured creditors, assignees for the benefit of...  |  Read More

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