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

Thursday, September 24 6 pm – 9 pm

Mark M. Elliott Phillips Nizer LLP

Program Chair
Mark M. Elliott
Phillips Nizer LLP


  • 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

    Jeffrey S. Sabin
    Venable LLP

    Steven Wilamowsky
    Chapman and Cutler LLP


  • 6:00 – 6:05 p.m.

    Introductory Remarks
    Mark M. Elliott
    6:05 – 6:55 p.m

    Litigant Consent as a Basis for Exercise of Judicial Power: A Discussion of Wellness International Network v. Sharif
    Steven Wilamowsky

    6:55 – 7:45 p.m.

    An Update on 546(e) — How Safe is this Safe Harbor?
    Janice B. Grubin

    7:45 – 7:55 p.m Break
    7:55 – 8:45 p.m

    Update: Standing and Other Issues Affecting Creditor Recovery
    Jeffrey S. Sabin

    8:45 – 9:00 p.m

    Panel Discussion and Audience Q&A

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


  • Can’t make it to the program in person? You can attend this program from your office or home. Register and view by clicking on the Casemaker logo below:

  • Sponsorship Opportunities are Available! Please Contact:
    Ann Rappleye, Director, City Bar Center for CLE | (212) 382-6606 | or