Bankruptcy

Recent Posts

U.S. Supreme Court Addresses Authority of Federal Bankruptcy Courts to Enter Final Orders and Judgments
Posted on 28 May 2015 by Duane Morris LLP

The Wellness majority opinion is noteworthy for a number of reasons. As a practical matter, it permits this aspect of bankruptcy court practice—proceeding to final judgment in non-core matters on consent as being valid and constitutionally permissible—to... Read More

Supreme Court Holds That Bankruptcy Courts Can Adjudicate Stern Claims
Posted on 3 Jun 2015 by Sheppard Mullin

By Evan Zisholtz In a 6-3 ruling, the U.S. Supreme Court held that bankruptcy courts have the authority to adjudicate Stern claims so long as the litigant parties provide “knowing and voluntary consent.” This decision in Wellness International... Read More

Supreme Court Decides to Maintain the Viability of the U.S. Bankruptcy Courts, But a Key Question Remains Unresolved
Posted on 29 May 2015 by Kelley Drye & Warren LLP

by Ben Feder Four years ago, in Stern v. Marshall , the Supreme Court stunned many observers by re-visiting separation of powers issues regarding the jurisdiction of the United States bankruptcy courts that most legal scholars had viewed as long settled... Read More

Wellness Case Brings Healing for Bankruptcy Court Authority
Posted on 27 May 2015 by Stephen Sather

Resolving an issue left open by two prior decisions, the Supreme Court ruled that the right to entry of a final judgment by an Article III court, like the right to trial by jury, is a personal right which can be waived or consented away (subject to supervision... Read More