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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...