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Stern v. Marshall: One Year Later

Stern v. Marshall: One Year Later In June 2011, the Supreme Court issued its watershed decision in Stern v. Marshall, restricting the scope of bankruptcy court jurisdiction under Article III of the Constitution. Stern has confounded judges, litigants and commentators alike. Although characterized by the Supreme Court as a “narrow” decision, Stern is proving to have widespread implications, the full extent of which remain to be seen as cases work their way through the bankruptcy, district and appellate courts. This panel will survey the contexts in which Stern has posed issues, the decisions construing and applying Stern in the year since it was decided, and the possible legislative responses to the decision.
1 hour 27 minutes 18 seconds

Recent Changes in Chapter 13 Practice

What post-BAPCPA issues continue to challenge chapter 13 practitioners, and what challenges lie ahead for debtors, creditors and trustees? This panel will discuss the most recent changes affecting chapter 13 practice: the claims process and Bankruptcy Rule 3002.1, as well as the national settlements involving the largest players in the home mortgage industry.
1 hour 29 minutes 32 seconds

The Intersection of Criminal Law & Bankruptcy

When issues such as criminal fraud and embezzlement raise their ugly heads and there are potential nondischargeability issues, how do you guide a debtor through bankruptcy while still protecting his right not to incriminate himself? It is a delicate balance that affects all consumer attorneys, trustees and creditors. In this panel, practitioners will discuss strategies to aid in navigating the bankruptcy process when criminal charges are looming. The panel will consist of bankruptcy practitioners, criminal defense counsel and a trustee and will discuss how to help such debtors safely navigate the bumpy legal waters.
1 hour 30 minutes 23 seconds

The Right to Marry versus the Right to Bankruptcy Relief

As same-sex marriage continues to be sanctioned in states across the county, issues about the treatment of same-sex couples in bankruptcy have emerged. Does the Defense of Marriage Act (DOMA) limit a joint same-sex couple’s right to seek bankruptcy protection? How do same-sex divorces and support obligations impact the rights and obligations of debtors? And in states where only civil unions are available to same-sex couples, does that distinction lead to a meaningful difference for those seeking bankruptcy protection? This panel will discuss and debate the effect of DOMA on bankruptcy cases, the unique issues facing same-sex debtors and their families, and strategies to get debtors in same-sex relationships the debt relief they need.
1 hour 18 minutes 49 seconds

e-Learning Topics

e-learning-topics

Administrative Expense Claims

Reviews processes and requirements for post-petition claims that get priority payment, including professional fees, utilities, and goods received within 20 days of filing.

Alternative Dispute Resolution

Examines mediation, arbitration, and other non-litigation approaches to resolve bankruptcy disputes efficiently and cost-effectively.

Asset Sales

Analyzes issues practitioners may face when completing asset sales in and out of bankruptcy, and best practices for successful outcomes.

Automatic Stay

Explores scope and application of automatic stay protection, including exceptions, violations, and procedures for obtaining stay relief.

Claims

Discusses the evaluation, trading, and resolution of bankruptcy claims. Covers creditor rights and their impact on restructuring.

Bankruptcy Litigation

Studies recent case law and rules of practice, evidence and procedure, connecting professionals engaged in bankruptcy-related litigation.

Certification

Covers professional certification requirements and processes for bankruptcy practitioners, including specialized credentials and continuing education.

Corporate Governance

Analyzes fiduciary duties, management responsibilities, and board oversight during bankruptcy proceedings and restructuring.

Court Administration

Reviews court procedures, filing requirements, and administrative processes in bankruptcy cases.

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