Wednesday, September 30, 2009
When Worlds Collide - Bankruptcy and Probate. A description of the teleconference is below:
Until the U. S. Supreme Court's 2006 decision in Marshall v. Marshall, 547 U.S. 293 (2006), there was a common belief among many bankruptcy and probate practitioners that the so-called probate exception to federal jurisdiction served to prevent bankruptcy courts from adjudicating any matters that were related, even only slightly, to a probate estate. In giving a very narrow interpretation to the probate exception to federal jurisdiction within the context of bankruptcy jurisdiction, the Supreme Court's ruling in Marshall clearly grants bankruptcy courts with the authority to adjudicate matters that could have an impact on probate proceedings. This teleconference will help you (a) analyze and determine what issues a bankruptcy court may adjudicate notwithstanding the possible effect on a probate estate, (b) analyze and determine when a bankruptcy court must abstain and when it may abstain from adjudicating issues that have an impact on a probate estate, (c) know what effect the death of a debtor while a bankruptcy proceeding pending has on that proceeding, (d) understand how the Bankruptcy Code's automatic stay provisions affect a probate proceeding and (e) when a disclaimer by a beneficiary of a testamentary bequest or devise, an intestate inheritance or a nontestamentary disposition may or may not be set aside in the beneficiary's bankruptcy proceeding.