Sixth Circuit Determines that Article III Prevents Parties From Consenting to Final Judgments by Bankruptcy Courts: Waldman v. Stone
November 17, 2014
by
Tyson A. Crist, Partner
In the ongoing fallout from the Supreme Court’s landmark bankruptcy decision in Stern v. Marshall, the Sixth Circuit Court of Appeals has become the first and only Circuit Court to decide that regardless of the consent or waiver of parties, there are certain types of claims that bankruptcy courts do not have constitutional authority to finally decide.
Ninth Circuit Determines Article III Bars Bankruptcy Courts From Entering Final Judgments on Fraudulent Transfer Claims: Bellingham Insurance Agency, Inc.
November 14, 2014
by
Tyson A. Crist, Partner
The Ninth Circuit Court of Appeals recently issued a long-awaited and much-anticipated decision applying the United States Supreme Court’s landmark ruling in Stern v. Marshall to fraudulent transfer claims.
Stern Has Nothing to Do with Subject Matter Jurisdiction — The Real Limits of Bankruptcy Court Jurisdiction
November 13, 2014
by
Tyson A. Crist, Partner
Much has been written about the U.S. Supreme Court’s decision in Stern v. Marshall and its fallout in the bankruptcy, district and appellate courts.
Stern Now Acknowledged to Weigh in Favor of Withdrawing Cases from Bankruptcy Court
November 10, 2014
by
Tyson A. Crist, Partner
In two recent decisions, district courts have now acknowledged that the Supreme Court’s decision in Stern v. Marshall must be factored in when deciding whether to leave an adversary proceeding in bankruptcy court—whether to withdraw the reference.