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.
The Committee previously released
a report published in the summer 2008 issue of the NY
Litigator on proposed amendments to New York's fraudulent
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.
re Stern V. Marshall (July 2012)
Local Bankruptcy Rules (2007)
Response to ABA Recommendations for Proposed Amendments to Federal Rules of
Bankruptcy Procedures (2006)
Join the Committee