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
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.
Outline
- Practical ramifications of Stern v. Marshall
- Claims litigation
- Fraudulent transfers and preference litigation
- Scenarios in which the issues are likely to arise
- Subsequent case law interpreting/applying the decision
- Leveraging the decision in bankruptcy litigation
- Impact of case on plan confirmation
Benefits
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.
Faculty
Thomas J. Hall
Partner
Chadbourne & Parke
Mr. Hall is Co-Head of the firm’s Commercial Litigation Practice and has extensive experience in complex... | Read More
Mr. Hall is Co-Head of the firm’s Commercial Litigation Practice and has extensive experience in complex litigation matters such as banking, securities, project finance, real estate, corporate governance, partnership and contract disputes. Benchmark's 2010 Guide to America's Leading Litigators recognizes him among the 75 leading commercial litigators and 25 leading bankruptcy litigators in the country.
CloseCorey R. Weber
Partner
Ezra Brutzkus Gubner
Mr. Weber focuses on corporate bankruptcy law and litigation, business litigation and commercial collection... | Read More
Mr. Weber focuses on corporate bankruptcy law and litigation, business litigation and commercial collection actions. He represents bankruptcy trustees, committees of unsecured creditors, assignees for the benefit of creditors, municipalities and creditors in contested matters and adversary bankruptcy proceedings. He has experience in litigating state court breach of fiduciary duty and contract disputes.
CloseSeven Rivera
Partner
Chadbourne & Parke
Mr. Rivera's practice involves all aspects of bankruptcy and restructuring representing both secured and unsecured... | Read More
Mr. Rivera's practice involves all aspects of bankruptcy and restructuring representing both secured and unsecured lenders, creditors, debtors and creditor committees in complex and high-profile Chapter 11 cases. He also represents buyers and sellers in sales and other asset dispositions both in and outside formal reorganization proceedings and provides bankruptcy advice concerning corporate transactions.
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