Post Stern v. Marshall: Navigating Uncertainties in Bankruptcy Claims Litigation

Arguing Issues of Fraudulent Transfer/Preference and Ponzi Clawback Claims, Waiver and Consent, and Core vs. Non-Core Proceedings

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

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Conducted on Tuesday, November 26, 2013

Recorded event now available

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Course Materials

This CLE course will provide bankruptcy litigators with a review of post-Stern case law and the impact of Stern on fraudulent transfer/preference litigation, particularly Ponzi clawback claims, the issue of consent or waiver to allow bankruptcy judges to adjudicate claims, and continuing confusion of core/non-core proceedings.

Description

Since the Stern v. Marshall ruling, a wide range of federal courts have weighed in on the scope of the decision. Over the last year, federal circuit courts have begun adding their views and creating binding precedent for lower courts to follow. While some guidance has emerged, the circuit court rulings are in some respects inconsistent, leaving even the core/non-core dichotomy of bankruptcy proceedings murky.

The Supreme Court recently granted certiorari in Executive Benefits Insurance Agency v. Arkison to resolve a circuit split over whether litigants in a fraudulent conveyance action can waive the right to an Article III tribunal and allow the bankruptcy court to adjudicate the issue.  The Supreme Court will also consider whether a bankruptcy court may ever issue proposed findings of fact and conclusions of law (rather than entering a final order) on matters that statutorily fall within the bankruptcy court's core jurisdiction.

One of the most litigated issues post-Stern is the authority of bankruptcy courts to adjudicate fraudulent transfers and preferences actions against non-creditors. The issue is particularly relevant in Ponzi clawback litigation where defendants must decide whether to transfer the case to the district court.

Listen as our authoritative panel of bankruptcy practitioners guides you through post-Stern case law developments and the impact of Stern on bankruptcy claims litigation.

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Outline

  1. Core vs. non-core bankruptcy proceedings
  2. Fraudulent transfers and preference litigation
  3. Ponzi clawback litigation
  4. Waiver and consent

Benefits

The panel will review these and other key questions:

  • Has Stern made it more difficult or more costly for debtors and trustees to assert counterclaims against creditors?
  • Does a bankruptcy court have jurisdiction over an avoidance action if the defendant does not timely object or expressly consents to jurisdiction?
  • Are there still counterclaims on which bankruptcy courts can enter final judgment?
  • What steps can counsel take to address the impact of the Stern decision on current litigation?

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

Faculty

Corey R. Weber
Corey R. Weber
Partner
Ezra Brutzkus Gubner

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

Thomas J. Hall
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

Seven Rivera
Seven Rivera
Partner
Chadbourne & Parke

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

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