Bankruptcy Litigation: Far-Reaching Impact of Stern v. Marshall

Navigating the Broad Implications for Fraudulent Transfer, Preference and Other Claims Litigation

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

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Conducted on Thursday, October 13, 2011

Recorded event now available

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Course Materials

This CLE course will provide bankruptcy litigators with a review of the practical ramifications of the Stern decision on the claims process, its impact on fraudulent transfer and preference litigation, and how similar issues have been raised and decided in cases and pending bankruptcies to date.


The Supreme Court’s Stern v. Marshall ruling that bankruptcy courts lack the constitutional authority to enter final judgments on state-law counterclaims may appear at first blush to be a narrow ruling—and not a game-changer for bankruptcy litigation.

However, an expansive interpretation of the ruling denies bankruptcy courts the right to enter final judgments in fraudulent transfer and preference avoidance claims. Stern also raises the critical issue of whether parties to avoidance actions can consent to the jurisdiction of bankruptcy courts.

Stern has since been cited in numerous high-profile bankruptcy cases like Extended Stay, Bearing Point, Lehman, and Madoff, among other cases nationwide as practitioners and bankruptcy judges grapple with the potentially far-reaching implications of Stern.

Listen as our authoritative panel of bankruptcy litigators discusses the Stern v. Marshall decision and its progeny and its potential to change the landscape of bankruptcy litigation.



  1. Practical ramifications of Stern v. Marshall
    1. Claims litigation
    2. Fraudulent transfers and preference litigation
    3. Scenarios in which the issues are likely to arise
  2. Subsequent case law interpreting/applying the decision
  3. Leveraging the decision in bankruptcy litigation
  4. Impact of case on plan confirmation


The panel will review these and other key questions:

  • Will Stern now make it difficult or more costly for debtors and trustees to assert counterclaims against creditors?
  • Will a bankruptcy court have jurisdiction over an avoidance action if the defendant does not timely object, or expressly consents, to jurisdiction?
  • What steps can counsel take to address the potential effects of the Stern decision?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Thomas J. Hall
Thomas J. Hall

Chadbourne & Parke

Mr. Hall is Co-Head of the firm’s Commercial Litigation Practice and has extensive experience in complex...  |  Read More

Corey R. Weber
Corey R. Weber

Ezra Brutzkus Gubner

Mr. Weber focuses on corporate bankruptcy law and litigation, business litigation and commercial collection...  |  Read More

Seven Rivera
Seven Rivera

Chadbourne & Parke

Mr. Rivera's practice involves all aspects of bankruptcy and restructuring representing both secured and unsecured...  |  Read More

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