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Supreme Court to Consider Whether Stern Allows Waiver or Consent

The Supreme Court has set the stage to flesh out the practical impact of Stern v. Marshall [ an enhanced version of this opinion is available to lexis.com subscribers ]. On June 24, 2013, the Court granted the petition for cert filed by the defendant in a fraudulent conveyance suit brought by a trustee...

Professor Kenneth N. Klee on the Supreme Court's Grant of Certiorari in Exec. Benefits Ins. Agency v. Arkison (In re Bellingham Ins. Agency), 702 F.3d 553 (9th Cir. 2012)

Professor Kenneth Klee previews the issues that the Supreme Court will address in Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency) to resolve a circuit split regarding whether the right to an Article III tribunal identified in the Stern v. Marshall ruling, 131 S. Ct...

Fifth Circuit Nixes Consent in Stern Cases

A failed bid to reap a Beanie Baby bonanza, which resulted in a fifteen year legal odyssey for a chapter 13 debtor and his attorneys, will live on a while longer as a result of the Fifth Circuit’s recent interpretation of Stern v. Marshall . Unlike the adorable plush toys giving rise to the dispute...