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Briefs: Petitions for Certiorari/Review and Opposition
Stern v. Marshall (2011) 564 U.S. ____; 131 S.Ct. 2594
06/23/2011
Authored by
Kent L. Richland,
Alan Diamond,
Edward L. Xanders
Practice Area: Constitutional Law
United States Supreme Court
The Supreme Court held that a bankruptcy court has statutory authority to enter final judgment on a debtor’s state-law counterclaims against a creditor, but that Article III of the United States Constitution makes the statutory grant unconstitutional. It also held that 28 U.S.C. section 157(b)(5), which specifies that district courts must order that “personal injury tort and wrongful death claims” be tried in district court, is not jurisdictional and creditors can consent, through their conduct, to a bankruptcy court resolving such claims.
[ Briefs ]
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