Stern v. Marshall: The Sky is Not Falling - A Reasoned Analysis of the Decision and Case Law to Date
Caribbean Insolvency Symposium 2012
February 2, 2012
February 4, 2012
Location: Puerto Rico
In its June 23, 2011 opinion in Stern v. Marshall, the Supreme Court held that bankruptcy courts lack the constitutional authority to enter a final judgment on a state law counterclaim filed by an estate that did not stem from the bankruptcy itself or would not necessarily be resolved in ruling on a creditor's proof of claim. Because counterclaims against persons filing claims are designated "core" proceedings in 28 U.S.C. 157(b)(2)(C), the opinion has caused some courts to question the bankruptcy court's constitutional authority to enter final judgments in other matters designated by Congress as "core." The panel, including one of the parties in the oral argument will review the cases and offer their views on the decision's scope and impact.
Presented by the American Bankruptcy Institute. For more information, please click here.