Recent Posts

Circuits Split Over Impact of Stern on Counterclaims
Posted on 12 Mar 2012 by Stephen Sather

Following last year's Stern v. Marshall bombshell, cases are slowly trickling up to the Court of Appeals level. After I wrote about a recent Fifth Circuit opinion which held that the jurisdiction of U.S. Magistrate Judges was not invalidated, a... Read More

Supreme Court Finds Core Counterclaim Jurisdiction Unconstitutional, Sends Vickie Lynn Marshall Estate Packing
Posted on 24 Jun 2011 by Stephen Sather

After fifteen years of litigation, two trips to the Supreme Court and the deaths of both of the original antagonists, the Supreme Court decided Stern v. Marshall , 2011 U.S. LEXIS 4791 (Jun. 23, 2011). While Vickie Lynn Marshall, better known as Anna... Read More

Professor Kenneth N. Klee on the Aftermath of Stern v. Marshall: An Analysis of the Court's Ruling and a Discussion of Developing Case Law
Posted on 12 Jun 2012 by Kenneth Klee

Note: Case and statute links below are accessible by subscribers Prof. Kenneth N. Klee examines the developing case law in the aftermath of the Supreme Court ruling in Stern v. Marshall, in which the Court held that 28 U.S.C. § 157... Read More

Supreme Court to Consider Whether Stern Allows Waiver or Consent
Posted on 10 Jul 2013 by Stephen Sather

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 subscribers ]. On June 24, 2013, the Court granted the petition for cert filed by the defendant... Read More

Madoff Trustee Meets Stern v. Marshall
Posted on 16 Jan 2013 by Kathy Bazoian Phelps

In connection with the SIPA proceeding of Bernard L. Madoff Investment Securities, LLC, the district court issued its ruling on whether the U.S. Supreme Court decision in Stern v. Marshall , 131 S. Ct. 2594, 180 L. Ed. 2d 475 (2011), prohibits the... Read More

Fifth Circuit Rules That Stern v. Marshall Does Not Invalidate Action By Magistrates
Posted on 8 Mar 2012 by Stephen Sather

In a ruling that could shed some light (but not very much) on the authority of bankruptcy judges, the Fifth Circuit has ruled that a magistrate's ruling in an insurance coverage dispute did not run afoul of the Supreme Court ruling in Stern v.... Read More

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)
Posted on 14 Aug 2013 by Kenneth Klee

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... Read More

Taking Advantage of Stern v. Marshall in a Ponzi Scheme Case
Posted on 7 Jan 2013 by Kathy Bazoian Phelps

Clawback actions in Ponzi scheme cases may be a dime a dozen these days, but the issues now raised by the Supreme Court decision in Stern v. Marshall , __ U.S. __, 131 S. Ct. 2594 (2011), can become quite costly for those involved. In Stern v. Marshall... Read More

Fifth Circuit to Consider Impact of Stern v. Marshall on U.S. Magistrates
Posted on 22 Sep 2011 by Stephen Sather

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... Read More

Cadwalader Clients & Friends Memo: Stern v. Marshall: How Big Is It?
Posted on 15 Jul 2011 by Cadwalader, Wickersham & Taft LLP

On June 23, 2011, the Supreme Court ruled 5-4, in an opinion by Chief Justice Roberts, that a Bankruptcy Judge lacked constitutional authority to issue a final ruling on state law counterclaims by a debtor against a claimant. This is the latest round... Read More

US Supreme Court Bankruptcy Watch: Readying for Stern v. Marshall -- A Bombshell or a Dud?
Posted on 20 Jun 2011 by Steve Jakubowski

Three or four more opinion days before the United States Supreme Court's term closes. Sixteen opinions have yet to be delivered. But if a lifelong, diehard, Bronx-born Yankee fan, Justice Sotomayor (who some say saved baseball), is willing to... Read More

Wellness International Oral Argument: Supreme Court Justices Grapple With Implications of Narrowing Bankruptcy Court Powers
Posted on 26 Jan 2015 by Kelley Drye & Warren LLP

by Ben Feder There were nearly a million bankruptcy cases filed by individuals and businesses in 2014. It is safe to say that only the tiniest fraction of such debtors have any familiarity with the Supreme Court’s decision in Stern v. Marshall... Read More

National Conference of Bankruptcy Judges--10/14/11--Does the Bankruptcy World Need Another Talk on Stern v. Marshall?
Posted on 26 Oct 2011 by Stephen Sather

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... Read More

US Supreme Court's Bombshell Opinion in Stern v. Marshall Draws the Line Against Incremental Erosion of Article III Judicial Power
Posted on 24 Jun 2011 by Steve Jakubowski

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... Read More

James M. Lawniczak on Whether Parties Can Consent to a Bankruptcy Judge Entering a Final Order
Posted on 3 Jan 2013 by James Lawniczak

This Emerging Issues Analysis examines whether, post-Stern v. Marshall, parties can consent to a bankruptcy court's entry of final judgment in a related matter. The circuits are split on the issue, with the Sixth Circuit denying the bankruptcy... Read More