Wednesday, November 9, 2011
6:00 - 7:00 p.m.
NEW YORK, Oct. 28, 2011 /PRNewswire-USNewswire/ -- On June 23, 2011, the United States Supreme Court, in Stern v. Marshall, 131 S. Ct. 2594, proclaimed 28 U.S.C. section 157(b)(2) unconstitutional in part. This section grants jurisdiction to the bankruptcy court over so-called "core proceedings." More precisely, section 157(b)(2)(C) names as a core proceeding any counterclaim by the bankruptcy estate against persons filing claims against the estate. In Stern, the debtor (the estate of Anna Nicole Smith) had a counterclaim for intentional interference with a donative intent against her step-son. The Supreme Court ruled that the step-son had a constitutional right to have this claim heard by a life-time appointed Article III judge, not a bankruptcy judge appointed for a 14 year term.
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On November 9, 2011, The Heyman Center at Cardozo School of Law presents a panel discussion on Stern v. Marshall. Esteemed panelists will examine the case that gave rise to this extraordinary holding; what other parts of 28 U.S.C. section 157(b) might be unconstitutional in light of the Supreme Court's reasoning; how counterclaims must now be administered and how, if at all, Stern v. Marshall will affect the way bankruptcy cases are administered.
Panelists:
Gary T. Holtzer
Partner, Weil, Gotshal and Manges LLP
Prof. William D. Araiza
Brooklyn Law School
Prof. David G. Carlson
Cardozo School of Law
Location:
Cardozo School of Law - Yeshiva University
Jacob Burns Moot Court Room
55 Fifth Avenue
New York, NY 10003
RSVP to:
Email: [email protected]
Phone: (212)790.0257
This event is open to the public and free of charge. Registration is required. 1.5 NY CLE credits available (non-transitional).
SOURCE Benjamin N. Cardozo School of Law - Yeshiva University
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