LexisNexis® Legal Newsroom
Fifth Circuit to Consider Impact of Stern v. Marshall on U.S. Magistrates

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 asked whether the newly emphasized limitations on...

National Conference of Bankruptcy Judges--10/14/11--Does the Bankruptcy World Need Another Talk on Stern v. Marshall?

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 Talk on Stern v. Marshall?" Fortunately...

Fifth Circuit Affirms Ruling That "The Loan Has Been Paid!!!;" Rejects Stern and Jurisdictional Defenses

The case of a creditor who did not want to acknowledge that its debt had really and truly been paid received little sympathy from the Fifth Circuit which rejected a panoply of defenses and affirmed the Bankruptcy Court ruling that "The Senior Loan Has Been PAID!!!" Fire Eagle, LLC v. Bischoff...

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...

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...

Wellness International Oral Argument: Supreme Court Justices Grapple With Implications of Narrowing Bankruptcy Court Powers

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 nearly four years ago [ an enhanced version of this...