Bankruptcy Conflict of Laws Business Torts

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The U.S. Supreme Court Clarifies the Procedure for Unconstitutional “Core” Matters Under Stern v. Marshall in Executive Benefits...

In 2011, the U.S. Supreme Court decided Stern v. Marshall, 131 S.Ct. 2594. In Stern, the Court was faced with the question of whether the Bankruptcy Court had statutory and Constitutional authority to decide a counterclaim...more

Not all Bankruptcy “Core” Proceedings are Created Equal: A Limitation on State Law Lender Liability Claims in Bankruptcy Court...

The scenario has become all too familiar in recent years: a borrower defaults on a loan and, when the lender pursues the loan collateral through foreclosure or other proceedings, the borrower files for bankruptcy protection....more

Supreme Court: Bankruptcy Courts Cannot Decide Debtors’ State Law Counterclaims

In a decision that may have significant practical implications to the practice of bankruptcy law, the U.S. Supreme Court recently declared, on constitutional grounds, that a bankruptcy court cannot exercise jurisdiction over...more

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