Committee on Bankruptcy Litigation

The Bankruptcy Litigation Committee works to educate the members of the bar and bench on the  ever expanding role of litigation in the bankruptcy courts as well as the role of non-bankruptcy litigation in the disposition of the various rights and interests present in the bankruptcy reorganization process.  In addition, the Committee has an active role in proposed legislation that affects the administration of the bankruptcy process, both at the state and federal level.  The Committee also works to provide an understanding of the opportunities that bankruptcy issues may present as well as the pitfalls that can arise if bankruptcy issues fail to be addressed when they arise outside of the bankruptcy court. In the latter case, we continually seek to educate the members of the state bench about the concurrent jurisdiction that the state courts have with respect to the disposition of bankruptcy related matters.

The Bankruptcy Litigation Committee is chaired by Douglas T. Tabachnik, Law Offices of Douglas T. Tabachnik, P.C., Freehold, New Jersey.  dtabachnik@dttlaw.com.

Committee Activities:  

The Committee previously released a report published in the   summer 2008 issue of the NY Litigator on proposed amendments to    New York's fraudulent conveyance statute.

More recently, in June 2013, the Committee assisted staff members of the Assembly Judiciary Committee, at the request of Assemb. Helen Weinstein, Chair of the Judiciary Committee to the state bar, in connection with the proposal to amend the Debtor and Creditor Law with respect to the proposed addition of a Homestead Exemption for renters in rent regulated apartment who are debtors under the Bankruptcy Code.

Last year the Committee drafted a report on the then proposed ABA resolution with respect to the position of that organization in connection with what was then widely expected (and which later occurred) to be an appeal of conflicting circuit standards in interpreting the issues raised by the U.S. Supreme Court in Stern v. Marshall. With the active assistance of the Committee, the New York State Bar Association supported the resolution which advocated for the ability of parties in a bankruptcy related proceeding to waive subject matter jurisdiction objections to the resolution of such matters by a bankruptcy judge.  The resolution passed the American Bar Association House of Delegates in February 2013.

In June 2013, the U.S. Supreme Court granted Certiorari for the appeal of the Stern. V. Marshall issues in the case of Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.), docket no. 12-1200.  This matter is scheduled to be fully briefed by the end of November 2013, and it is anticipated that argument will be heard in the spring of 2014.  

Committee Reports
Memorandum re Stern V. Marshall (July 2012)
EDNY Local Bankruptcy Rules (2007)
Section Response to ABA Recommendations for Proposed Amendments to Federal Rules of Bankruptcy Procedures (2006)

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