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Wolfe v. Greentree Mortgage Corp., 2010 U.S. Dist. LEXIS 6005 (N.D. W. Va. Jan. 26, 2010)

This Emerging Issues Analysis considers a district court's decision that lays out the rules and standards for mandatory and equitable abstention. In the analyzed decision, mandatory abstention was not applicable because the action was a core proceeding and there was an adequate alternative basis...

Circuits Split Over Impact of Stern on Counterclaims

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 commenter pointed out a recent Seventh Circuit decision...

Stern v. Marshall: The Texas Cases

This is a paper that I did for the Austin Bar Association summarizing the Texas cases applying Stern v. Marshall to date. Please note that where the holding is indented, I am directly quoting the opinion. I also used the following key for highlighting certain decisions: *--If you only read a few...

11th Circuit Reverses, Says Court Where Bankruptcy Case Was Filed Has Jurisdiction

ATLANTA - (Mealey's) A panel of the 11th Circuit U.S. Court of Appeals on May 30 reversed and remanded a case and ruled that the bankruptcy court in which a debtor filed its petition has jurisdiction over whether a claim against the estate was discharged (Alderwoods Group Inc., et al. v. Reyvis...

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

Note: Case and statute links below are accessible by lexis.com 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 (b)(2)(C) is unconstitutional because it gives...

State Taxes and Bankruptcy – Does the Court Have Jurisdiction?

by Fred Witt , Co-author, Sheinfeld, Witt & Hyman, Collier on Bankruptcy Taxation (LexisNexis). and David Elrod , Shareholder, Elrod, PLLC, Dallas, Texas The views expressed are those of the authors alone. Introduction In addition to possible disputes over federal taxes owed to the...

U.S. Supreme Court Will Hear Bankruptcy Case Involving Charge on Debtor’s Property

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 17 granted certiorari in a case involving the question of whether a bankruptcy court has the power to levy a financial charge against a Chapter 7 debtor's residential property, which he has claimed falls under the homestead exemption...

Supreme Court to Consider Pro Se Challenge to Exemption Surcharge

In an unusual move, the Supreme Court granted cert yesterday to consider the petition of a California man who filed a pro se petition for cert seeking to review the decision of a bankruptcy court to surcharge his homestead exemption under section 105. No. 12-5196, Law v. Siegel . The petition for...