John Penn and Scott Everett To Present at New York PLI Program


NEW YORK – Bankruptcy Partners John Penn and Scott Everett of Haynes and Boone, LLP will speak at the Practising Law Institute’s (PLI) upcoming program, “Stern v. Marshall: Supreme Court Rewrites Bankruptcy Court Jurisdiction [Again],” from 1 p.m. to 2 p.m. ET on July 27.

On June 23, the Supreme Court handed down a 5 to 4 decision in the Stern v. Marshall case,  holding that a bankruptcy court’s exercise of statutory jurisdiction was unconstitutional when it adjudicated a counterclaim relating to a purely state law cause of action. The decision, which is of particular importance to lenders, investment funds, investment banks and others who are often the targets of suits by debtors, will make it more difficult for debtors and others to sue third parties in the bankruptcy court and will allow defendants to have cases tried in a potentially more favorable forum.

Mr. Penn and Mr. Everett will address how Stern affects bankruptcy courts and their jurisdiction over various claims. Specific topics will include:

  • The potential impact of Stern on bankruptcy and district courts
  • A discussion of “public rights” and “private rights” and why the distinction is important
  • Practical approaches to deal with the jurisdictional implications
  • How to identify the newly limited “core proceedings” where bankruptcy courts can enter final judgments
For more information or to register, please click here.

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