Three or four more opinion days before the United States
Supreme Court's term closes. Sixteen opinions have yet to be
delivered. But if a lifelong, diehard, Bronx-born Yankee fan, Justice
Sotomayor (who some
say saved baseball), is willing to sport a CUBS jersey while
throwing out the ceremonial...
After fifteen years of litigation, two trips to the
Supreme Court and the deaths of both of the original antagonists, the Supreme
Court decided Stern v. Marshall , 2011 U.S. LEXIS 4791 (Jun. 23, 2011). While Vickie Lynn
Marshall, better known as Anna Nicole Smith, made a splash during her lifetime...
my last post , I posited whether the Court's decision in Stern v. Marshall would be a bombshell or a dud. It
certainly was no dud. And after reading the 5-4 opinion, I'd say that
it's a bombshell in several respects, both from a bankruptcy and constitutional
PHILADELPHIA - Does the U.S. Supreme Court under Chief Justice John G. Roberts Jr. engage in judicial activism? Yes, according to a reporter who has covered the high court for more than 50 years. But, he says, that's not a negative quality, or unusual. And he has a pretty narrow definition of "activism...
In my last post , I posited whether the Court's decision in Stern v. Marshall would be a bombshell or a dud. It certainly was no dud. And after reading the 5-4 opinion, I'd say that it's a bombshell in several respects, both from a bankruptcy and constitutional perspective. Here's four...
Since the Supreme Court dropped its constitutional bombshell on the bankruptcy system last week in Stern v. Marshall , 2011 U.S. LEXIS 4791 (2011) (aka Anna Nicole Smith II), [ enhanced version available to lexis.comsubscribers / unenhanced version available from lexisONEFreeCaseLaw ] lots of people...
In this Emerging Issues Analysis, Professor Kenneth N. Klee examines the Supreme Court's decision in Stern v. Marshall , 564 U.S. _____, 131 S. Ct. _____, 2011 U.S. LEXIS 4791 (2011), in which the Court struck down as unconstitutional 28 U.S.C. § 157 (b)(2)(C) because it gave non-Article III...
On June 23, 2011, the Supreme Court ruled 5-4, in an
opinion by Chief Justice Roberts, that a Bankruptcy Judge lacked constitutional
authority to issue a final ruling on state law counterclaims by a debtor
against a claimant. This is the latest round of a well-known case involving the
estate of former...
On this edition, Henry Sommer, co-editor in chief of Collier on Bankruptcy and the LexisNexis Matthew Bender Collier line of bankruptcy publications and Kenneth Klee, Professor at UCLA School of Law, discuss the U.S. Supreme Court's June 23, 2011 opinion in Stern v. Marshall. Copyright© 2010...
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
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...
In a ruling that could shed some light (but not very
much) on the authority of bankruptcy judges, the Fifth Circuit has ruled that a
magistrate's ruling in an insurance coverage dispute did not run afoul of the
Supreme Court ruling in Stern v. Marshall , ___ U.S. ___, 131 S.Ct. 2594 (2011).
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...
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
This Emerging Issues Analysis
examines whether, post-Stern v. Marshall, parties can consent to a bankruptcy
court's entry of final judgment in a related matter. The circuits are split on
the issue, with the Sixth Circuit denying the bankruptcy court such power, but
the Ninth Circuit recently...
Clawback actions in Ponzi scheme cases may be a dime a
dozen these days, but the issues now raised by the Supreme Court decision in Stern v. Marshall , __ U.S. __, 131 S. Ct.
2594 (2011), can become quite costly for those involved. In Stern
v. Marshall , the Supreme Court held that bankruptcy judges...
In connection with the SIPA proceeding of Bernard L.
Madoff Investment Securities, LLC, the district court issued its ruling on
whether the U.S. Supreme Court decision in Stern
v. Marshall , 131 S. Ct. 2594, 180 L. Ed. 2d 475 (2011), prohibits the bankruptcy
court from issuing a final ruling on a...
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...
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...
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...
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...