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The Wrath of Stern
What are the constitutional limits of bankruptcy court jurisdiction and authority? This panel will discuss recent decisions implicating Stern v. Marshall to see when and how courts are addressing limits on jurisdiction and authority. The panelists will analyze when state law actions may be maintained in bankruptcy court and when the bankruptcy court can enter final orders and review key local rules. Additionally, the panelists will provide strategies for how to address matters where a bankruptcy court cannot issue final orders.
The Fix for Third-Party Releases in Chapter 11 Cases
This panel will briefly review the current state of third-party releases, then discuss/debate different ways and mechanisms to potentially remedy the issues that have been highlighted by (or that have bothered) various courts around the country.
‘They Did What?’ Attacking Pre-Bankruptcy Transactions
This panel will discuss and analyze attacks on pre-bankruptcy transactions, specifically certain transactions that (1) resulted in modifications to corporate governance or subsidiary status; (2) were at the behest of directors and officers and that may or may not have been to the detriment of the company; (3) were designed to limit liabilities in a workout or reorganization scenario; (4) modified rights or obligations owed to lenders, including the grant of additional security; or (5) were done for some other purpose. During the discussion, the panelists will focus on the analysis of the potential attack on such transactions, as well as the strategy for launching (or planning to launch) such an attack.
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