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