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...

The Battle of the Bands: The Chiefs Sing About the Future of the Federal Circuit

by Dov Greenbaum Chief Judges Rader of the Federal Circuit & Wood of the Seventh Circuit took different approaches to sing about the Federal Circuit. Rader contrasted the growth of the PTAB administrative judge corps with the relatively stagnant numbers of judges on his court & argued a need...

Supreme Court Dodges Consent Issue in Bellingham But Signals No New Challenges to Bankruptcy Court Authority

In the follow-up to Stern v. Marshall , the Supreme Court concluded that it didn’t need to answer the primary questions addressed to it, leaving open (on the surface at least) the issue of whether parties can consent to final adjudication by a bankruptcy court in situations where the court could...

Supreme Court Decides Not to Destroy the Current Bankruptcy Court System

by Ben Feder The U.S. Supreme Court on June 9, in Executive Benefits Insurance Agency v. Arkinson [ an enhanced version of this opinion is available to lexis.com subscribers ], limited somewhat the ramifications of its landmark opinion two years ago in Stern v. Marshall [ enhanced version ]. The Court...

Supreme Court Prepares for Stern v. Marshall Round 3

When the Supreme Court struck down the Bankruptcy Reform Act's grant of authority to bankruptcy judges in 1982, it took it took them 29 years to return to the issue. This allowed bankruptcy law to develop and mature without constantly fretting about whether the whole system would collapse. However...