In law school, students cope with concepts of subject
matter jurisdiction, personal jurisdiction and stating a cause of action in
civil procedure class. When they move on to bankruptcy class, they must try to
make sense of the constitutionality of delegating jurisdiction to an Article I
While the paparazzi followed every move of Anna Nicole
Smith during her tragically shortened life, those of us of the legal paparazzi
now stalk every new development in the case which bears her legal name, Stern
v. Marshall . Some commentators have asked whether the newly emphasized
Prof. Ralph Brubaker and Prof. Ken Klee spoke on "Not
Again! Will Bankruptcy Courts Survive the Supreme Court's Second Look At Stern
v. Marshall?" However, their panel could have been titled, "Does the Bankruptcy
World Need Yet Another Talk on Stern v. Marshall?" Fortunately...
James M. Lawniczak considers,
though the prism of a Seventh Circuit decision, the jurisdictional questions
engendered by the Supreme Court's Stern v. Marshall decision. The Seventh
Circuit ruled that a bankruptcy court does not have the constitutional power to
enter final orders on claims that...
Part Two of this post will focus on the consumer
decisions of Judge Leif Clark. As a bankruptcy judge, Leif Clark dealt with the
full parade of humanity. His opinions reveal a deep understanding of the human
face of financial loss as well as the intricacies of the law.
Like many judges...
The case of a creditor who did not want to acknowledge
that its debt had really and truly been paid received little sympathy from the
Fifth Circuit which rejected a panoply of defenses and affirmed the Bankruptcy
Court ruling that "The Senior Loan Has Been PAID!!!" Fire Eagle, LLC v. Bischoff...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on
June 24 granted certiorari in a case dealing with the questions of
whether Article III of the U.S. Constitution permits the exercise of the
judicial power of the United States by bankruptcy courts on the basis of
litigant consent and whether...
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...
Two years ago in Stern v Marshall [ an enhanced version of this opinion is available to lexis.com subscribers ], the Supreme Court surprised many observers by placing constitutional limits on the jurisdiction of the United States Bankruptcy Courts. The Court, in limiting the ability of a bankruptcy court...
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...
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...