Stern v. Marshall: One Year Later

Navigating the Impact of the Ruling on Fraudulent Transfer, Preference and Other Bankruptcy Claims Litigation

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

Conducted on Thursday, September 13, 2012

Recorded event now available

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Program Materials

This CLE webinar will provide bankruptcy litigators with a review of the practical implications of the Stern decision on the claims process, its impact on fraudulent transfer and preference litigation, and how issues have been raised and decided in the year since Stern was decided.

Description

One year after the Stern v. Marshall ruling, bankruptcy practitioners and judges continue to grapple with the far-reaching implications of the decision. How broadly a court interprets the Stern ruling will often determine how it will resolve various disputes.

Courts remain divided on whether the bankruptcy court may enter final orders concerning fraudulent conveyance and preference claims. Also unresolved is the question of whether the parties can consent to the jurisdiction of bankruptcy courts.

Several federal appellate courts have recently weighed in on the scope of the Stern ruling, so guidance is beginning to emerge. Bankruptcy practitioners must stay apprised of the evolving case law in the area.

Listen as our authoritative panel of bankruptcy litigators discusses the impact of the Stern v. Marshall decision, its progeny and the impact on the landscape of bankruptcy litigation.

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Outline

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

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 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

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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