News & Analysis as of

Chapter 7 Supreme Court of the United States Jurisdiction

Tarter Krinsky & Drogin LLP

The Supreme Court Limits A Trustee’s Rights To Recover Fraudulent Transfers Against The Internal Revenue Service

The Bankruptcy Code provides chapter 7 trustees with significant powers to liquidate and collect estate assets and pursue litigation claims, such as fraudulent transfer claims against third parties, all to increase the...more

Ballard Spahr LLP

Supreme Court: No Strong-Arming the Federal Government With State-Law Fraudulent Transfer Claims

Ballard Spahr LLP on

Recently, in the case United States v. Miller, the U.S. Supreme Court held that the sovereign immunity waiver provision in the Bankruptcy Code is jurisdictional only and does not waive the federal government’s sovereign...more

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

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