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
This CLE course 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.
Outline
- Practical ramifications of Stern v. Marshall
- Claims litigation
- Fraudulent transfers and preference litigation
- Scenarios in which the issues have arisen
- 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:
- 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
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.
CloseThomas 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.
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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