The sky is falling! The skyis falling! Or is it? Today, courts across the country face a difficult task in light of the Supreme Court\u27s recent decision regarding bankruptcy courts\u27 jurisdiction, Stern v. Marshall. Stern held bankruptcy courts are constitutionally proscribed from entering final judgment based on a private, state-law counterclaim that is not resolved in the process of ruling on a creditor\u27s proof of claim. A bankruptcy court must now consider Stern when a litigant objects to the court\u27s authority. With over 3,000 adversary proceedings pending in the Middle District of Florida for the month of July 2012 alone, Stern could notably impact how districts manage bankruptcy cases. A broad reading of Stern could mean ma...
During February 2011 the prospect of creating a state-bankruptcy chapter burst into the national con...
Certain provisions of derivative trading contracts get special exemptions under the Bankruptcy Code,...
Article III of the Constitution grants federal district judges, appellate court judges, and Supreme ...
In order to provide a foundation for understanding the Court’s reasoning in Stern, Part II of this C...
Stern v. Marshall is the most recent decision in a series of cases decided by the Supreme Court that...
Stern v. Marshall is arguably the biggest decision to affect the bankruptcy courts in almost thirty ...
This excellent Article by Professor Laura B. Bartell explores how Stern claims have been treated sin...
(Excerpt) Bankruptcy law has been struggling for several years now with the so-called Stern problem...
The authors analyze developments in bankruptcy, including decisions involving the rights of secured ...
The 2011 Supreme Court case Stern v. Marshall defined which claims bankruptcy courts had the authori...
This Note seeks to evaluate the circuit split regarding the status of bankruptcy courts and propose ...
This article will cover both consumer and business bankruptcy issues, and is limited primarily to de...
This Comment examines Congress\u27 recent enactment of the Bankruptcy Amendments and Federal Judgesh...
The Supreme Court\u27s ruling in Stern v. Marshall has signaled a need to alter the bankruptcy court...
Despite historical and modern developments, the heart of bankruptcy law centers around providing fre...
During February 2011 the prospect of creating a state-bankruptcy chapter burst into the national con...
Certain provisions of derivative trading contracts get special exemptions under the Bankruptcy Code,...
Article III of the Constitution grants federal district judges, appellate court judges, and Supreme ...
In order to provide a foundation for understanding the Court’s reasoning in Stern, Part II of this C...
Stern v. Marshall is the most recent decision in a series of cases decided by the Supreme Court that...
Stern v. Marshall is arguably the biggest decision to affect the bankruptcy courts in almost thirty ...
This excellent Article by Professor Laura B. Bartell explores how Stern claims have been treated sin...
(Excerpt) Bankruptcy law has been struggling for several years now with the so-called Stern problem...
The authors analyze developments in bankruptcy, including decisions involving the rights of secured ...
The 2011 Supreme Court case Stern v. Marshall defined which claims bankruptcy courts had the authori...
This Note seeks to evaluate the circuit split regarding the status of bankruptcy courts and propose ...
This article will cover both consumer and business bankruptcy issues, and is limited primarily to de...
This Comment examines Congress\u27 recent enactment of the Bankruptcy Amendments and Federal Judgesh...
The Supreme Court\u27s ruling in Stern v. Marshall has signaled a need to alter the bankruptcy court...
Despite historical and modern developments, the heart of bankruptcy law centers around providing fre...
During February 2011 the prospect of creating a state-bankruptcy chapter burst into the national con...
Certain provisions of derivative trading contracts get special exemptions under the Bankruptcy Code,...
Article III of the Constitution grants federal district judges, appellate court judges, and Supreme ...