News & Analysis as of

Article III Chapter 7 Jurisdiction

Cozen O'Connor

Supreme Court Affirms Bankruptcy Court Jurisdiction and 3rd Circuit Approves Structured Dismissals

Cozen O'Connor on

Jurisdiction of Bankruptcy Courts to Enter Final Judgment on “Stern Claims” Based on Consent of Parties Affirmed - The U.S. Supreme Court in Wellness Int’l Network, Ltd. v. Sharif explicitly affirmed the jurisdiction of...more

Perkins Coie

Supreme Court Clarifies Bankruptcy Court Jurisdiction (Somewhat)

Perkins Coie on

In 2011, the Supreme Court decided Stern v. Marshall, 564 U.S. ___, 131 S. Ct. 2594 (2011), which gave voice to the Court’s grave concerns about the constitutional limits of bankruptcy court jurisdiction and raised several...more

Orrick - Finance 20/20

Supreme Court Permits Bankruptcy Court to Hear Adversary Proceeding; Bypasses Issues Regarding Party Consent

Orrick - Finance 20/20 on

On June 9, the Supreme Court held that a bankruptcy judge may submit proposed findings of fact and conclusions of law for review by a federal district court in otherwise “core” adversary proceedings where a non-debtor party...more

Cadwalader, Wickersham & Taft LLP

Stern v. Marshall Update – Ninth Circuit Holds That Bankruptcy Courts Lack Constitutional Authority To Finally Determine...

On December 4, 2012, the United States Court of Appeals for the Ninth Circuit added to the growing body of case law delineating the extent of bankruptcy courts’ jurisdiction in the wake the Supreme Court’s decision in Stern...more

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