Bankruptcy
Oct. 25, 2011
Stern v. Marshall bankruptcy case: bombshell or dud?
Will the Anna Nicole Smith bankruptcy decision wreak havoc in the bankruptcy courts?
Since the U.S. Supreme Court's ruling in Stern v. Marshall, 131 S. Ct. 2594 (2011) in June of this year, much has been written about the case - especially its potential impact on the bankruptcy courts. In Stern, the Supreme Court held that a bankruptcy court could not, as a constitutional matter, enter a final judgment on a counterclaim that did not arise under the Bankruptcy Code or in a bankruptcy case, even though 28 U.S.C. Section 157(b)(2)(C) expressly permits it to do...
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