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Article III Debtor-Creditor

Patterson Belknap Webb & Tyler LLP

A Stern Rebuke: Bankruptcy Courts have Constitutional Authority to Confirm Plans Containing Nonconsensual Third-Party Releases

On December 19, the Court of Appeals for the Third Circuit became the first federal circuit court of appeals to hold that a bankruptcy court may confirm a plan containing nonconsensual third-party releases without exceeding...more

Kelley Drye & Warren LLP

Millenium Lab Holdings – Ruling on Third Party Releases Highlights Continuing Constitutional Questions Regarding Power of...

In Millenium Lab Holdings, Delaware District Court Judge Leonard Stark, on an appeal from a bankruptcy court order confirming a plan of reorganization, recently upheld a challenge to the bankruptcy court’s constitutional...more

Parker Poe Adams & Bernstein LLP

Supreme Court Issues Opinions Favorable to Financial Services Companies

May is usually a busy month on the Supreme Court before the justices head off for some summer R&R. It is historically a time when many opinions are issued, and May 2016 has been no exception. ...more

Partridge Snow & Hahn LLP

Supreme Court Holds That Parties May Consent to Adjudication by Bankruptcy Court of “Stern-Type” Claims

On May 26, 2015, the Supreme Court in Wellness Int’l Network, LTD v. Sharif answered one of the foremost questions left open after its decision in Stern v. Marshall – is it permissible for litigants in a Bankruptcy Court to...more

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