Split High Court: Bankruptcy Courts Lack Constitutional Authority On Compulsory Counterclaims

WASHINGTON, D.C. - (Mealey's) A divided U.S. Supreme Court on June 23 affirmed a Ninth Circuit U.S. Court of Appeals ruling that a bankruptcy court lacks the constitutional authority to enter final judgment on compulsory counterclaims to proofs of claim in bankruptcy proceedings ( Howard K. Stern...

The Anna Nicole Smith Case: Bankruptcy Courts Lack Constitutional Authority On Compulsory Counterclaims

WASHINGTON, D.C. - (Mealey's) A divided U.S. Supreme Court on June 23 affirmed a Ninth Circuit U.S. Court of Appeals ruling that a bankruptcy court lacks the constitutional authority to enter final judgment on compulsory counterclaims to proofs of claim in bankruptcy proceedings ( Howard K. Stern...

Steve Jakubowski: Supreme Court's Ruling In Stern v. Marshall A 'Bombshell'

In my last post , I posited whether the Court's decision in Stern v. Marshall would be a bombshell or a dud. It certainly was no dud. And after reading the 5-4 opinion, I'd say that it's a bombshell in several respects, both from a bankruptcy and constitutional perspective. Here's four...

Stephen Sather's Thoughts On The 'Constitutional Bombshell' High Court Dropped In Stern v. Marshall

Since the Supreme Court dropped its constitutional bombshell on the bankruptcy system last week in Stern v. Marshall , 2011 U.S. LEXIS 4791 (2011) (aka Anna Nicole Smith II), [ enhanced version available to lexis.comsubscribers / unenhanced version available from lexisONEFreeCaseLaw ] lots of people...