Bankruptcy

Recent Posts

The Leif and Times of Judge Clark (Pt. Two)--The Consumer Opinions
Posted on 14 Jan 2013 by Stephen Sather

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... Read More

Professor Kenneth N. Klee on the Supreme Court's Grant of Certiorari in Wellness
Posted on 6 Aug 2014 by Kenneth Klee

Excerpt: I. Introduction The Supreme Court granted certiorari in Wellness International Network, Ltd. v. Sharif , 727 F.3d 751 (7th Cir. 2013) [an enhanced version of this opinion is available to lexis.com subscribers] , cert. granted , 2014 U.S... Read More

Still Trying to Close the Stern v. Marshall Can of Worms – The Supreme Court to Grapple Again With Thorny Questions of Bankruptcy Court Jurisdiction
Posted on 5 Aug 2014 by Kelley Drye & Warren LLP

by Ben Feder Three years ago, in Stern v. Marshall , a case that arose out of the endless litigation between Anna Nicole Smith and the son of her late husband, the Supreme Court stunned the commercial legal community by reopening what many had believed... Read More

U.S. Supreme Court to Rule on Bankruptcy Judges’ Power in ‘Core’ Proceedings
Posted on 24 Jun 2013 by James Cordrey

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

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

A Bankruptcy Court's Constitutional Ability to Enter Final Orders on Claims for Alleged Violation of Wisconsin Confidentiality Law
Posted on 23 Apr 2012 by James Lawniczak

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... Read More

Supreme Court Decides Not to Destroy the Current Bankruptcy Court System
Posted on 11 Jun 2014 by Kelley Drye & Warren LLP

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... Read More

Supreme Court Prepares for Stern v. Marshall Round 3
Posted on 4 Jul 2014 by Stephen Sather

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... Read More

Supreme Court Dodges Consent Issue in Bellingham But Signals No New Challenges to Bankruptcy Court Authority
Posted on 10 Jun 2014 by Stephen Sather

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... Read More

Fifth Circuit Provides Valuable Guidance on Bankruptcy Court Jurisdiction and Authority Post-Stern
Posted on 2 Sep 2014 by Stephen Sather

Many cases deal with debtors who fraudulently convey away their assets before filing bankruptcy. But what about the situation where the debtor is the victim of a fraudulent conveyance rather than the perpetrator? In Galaz v. Galaz (In re Galaz) , No.... 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

Professor Kenneth N. Klee on the Supreme Court's Holding in Exec. Benefits Ins. Agency v. Arkison
Posted on 21 Aug 2014 by Kenneth Klee

Professor Kenneth Klee analyzes the Supreme Court holding in Executive Benefits Insurance Agency v. Arkison that while Article III of the Constitution prohibits a bankruptcy court from entering final judgment on a bankruptcy-related claim, the relevant... Read More