The Great Debate: Bankruptcy Jurisdiction in the Wake of Stern v. Marshall

Make plans now to join us for this interesting discussion.

   
Tuesday, February 28, 2012
  
 
 
 
 
  6:00 - Registration and Networking
  Open Bar sponsored by
 

 
6:45 PM - Dinner
7:15 - Debate
   
The Great Debate: Bankruptcy Jurisdiction in the Wake of Stern v. Marshall
 
In the seemingly narrow Stern v. Marshall ruling, the United States Supreme Court determined that bankruptcy courts lack the constitutional authority to enter final judgments on state-law based counterclaims (particularly in the context of a “core” avoidance action).

In the wake of the Stern decision, commentators and practitioners alike have recognized that an expansive interpretation of the ruling denies bankruptcy courts the right to enter final judgments in fraudulent transfer and preference avoidance claims all together.  Others have raised the issue of whether parties can even consent to the jurisdiction of the bankruptcy court

Since being handed down, the Stern decision has been cited in numerous high-profile and local bankruptcy cases like Extended Stay, Bearing Point, Lehman, Madoff, Fontainebleau Las Vegas, and Rothstein as practitioners and judges grapple with the potentially far-reaching implications of the Stern decision.

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

Panelists
Chuck Throckmorton, Kozyak Tropin and Throckmorton
John Genovese, Genovese Joblove and Battista
James Leshaw, Greenberg Traurig
Jessica Gabel – Professor, Georgia State University

Moderator
Judge Erik P. Kimball, USBC, Southern District of Florida

Fees
Members:  $65.00
Non Members:  $75.00
Government Employees:  $45.00
Students:  $25.00
Judges/Clerks:  No charge