The Supreme Court’s Wellness Decision and Other Significant Developments Impacting Recoveries and Procedure in Bankruptcy Litigations

There have been a number of important recent developments that will impact
litigations that seek recoveries for the bankruptcy estate and creditors,
including the defenses to such actions, the proper parties to bring such cases
and the court in which these matters can be adjudicated. In May, the Supreme
Court decided the much-anticipated Wellness case, holding that litigants
can consent to a bankruptcy court’s final adjudication of “Stern claims.”
Coming after last year’s Supreme Court ruling in Bellingham, bankruptcy
litigants are armed with more clarity on the division of labor between district
and bankruptcy courts, but many questions remain unanswered. Bankruptcy
litigators also are closely watching a number of other cases that will impact
both the procedure and the substantive merits of often-encountered bankruptcy
litigations. Among other important matters, this panel will look at developments
with respect to the 546(e) safe harbor defense, including its substantive scope
and the plaintiffs against whom this defense can be invoked. The panel also
will examine a host of developments with significant ramifications for recoveries
on claims for breach of fiduciary duty in an insolvency or bankruptcy scenario.

Live program: $229 Member/$329 Nonmember

Janice B. Grubin
LeClairRyan 

Jeffrey S. Sabin
Venable LLP

Steven Wilamowsky
Chapman and Cutler LLP

NY:  3.0 professional practice
NJ:  3.3 general
CA:  3.0 general
PA:  2.5 general

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