Ninth Circuit weighs in on stern: absent waiver, non-claimant defendants entitled to final adjudication in district court *

USA - December 12 2012
Becoming the first Court of Appeals to address an issue that has divided the bankruptcy and district courts, the Ninth Circuit adopted a forceful view of Stern v. Marshall, to hold in In re Bellingham Insurance Agency, Inc. that absent the parties’ consent, the limitations imposed by Article III of the Constitution deprive a bankruptcy judge of the constitutional authority to enter judgment on fraudulent transfer claims brought against parties who have not filed proofs of claim.

Co-authors: John R. Dodd, Mark Bloom.

Sixth Circuit reinvigorates Stern v. Marshall debate *

USA - November 1 2012
In a surprising decision certain to reinvigorate the ongoing debate about the scope of Stern v. Marshall, ___ U.S. ___, 131 S. Ct. 2594 (2011), the Sixth Circuit Court of Appeals adopted a broad view of Stern and held that the structural nature of the limitations imposed on bankruptcy courts by Article III of the Constitution could not be waived by a party’s failure to object at the trial court level.

Co-authors: John R. Dodd, Mark Bloom.

Supreme Court holds that free and clear sale plan cannot be confirmed without preserving secured creditor’s credit bidding rights *

USA - June 11 2012
On May 29, 2012, the Supreme Court in In RadLAX Gateway Hotel, LLC (“RadLAX”) held that a Chapter 11 reorganization plan that proposes the sale of encumbered assets free and clear of liens must honor the secured creditor’s right to credit bid its claim in order to be confirmed under the “fair and equitable” standard of the Bankruptcy Code.

Co-authors: John Hutton.

Supreme Court limits Bankruptcy Court jurisdiction *

USA - June 23 2011
In a decision that may create serious problems for bankruptcy case administration, the Supreme Court this morning invalidated part of the Bankruptcy Court jurisdictional scheme.