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Category Archives: Stern v. Marshall

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“THE WORLD WILL NOT END IN FIRE, OR ICE, BUT IN A BANKRUPTCY COURT” – WELLNESS INTERNATIONAL NETWORK, LTD. v. SHARIF

Posted in Bankruptcy Trends, SCOTUS, Stern v. Marshall
In a six to three majority decision, the Supreme Court limited the impact of Stern v. Marshall, 564 U.S. 2 (2011) by holding in Wellness International Network, Ltd. v. Sharif, 575 U.S.___(2015) ( decided on May 26, 2015), that private litigants may consent to have their claims adjudicated by a Bankruptcy Court. Since the release of… Continue Reading

Unfinished Business: SCOTUS Grants Certiorari on More Stern v. Marshall Issues

Posted in Bankruptcy Trends, SCOTUS, Stern v. Marshall
If a time-traveler had visited me in the mid-1990s and told me that I would attend law school, I wouldn’t have believed it.  If that visitor told me that I would graduate and subsequently become a bankruptcy lawyer, I would have said “that’s an oddly-specific prediction, but I still don’t believe you.”  If the time-traveler then told me… Continue Reading

SCOTUS Closes Statutory Gap in Bellingham

Posted in Circuit Split, SCOTUS, Stern v. Marshall
Yesterday, the Supreme Court issued a long-awaited ruling in Executive Benefits Ins. Agency v. Arkison, 573 U.S. __ (2014) (sometimes called “Bellingham” for the name of the debtor in the main bankruptcy case).  A .pdf of the slip opinion can be found here. Bellingham is a follow-up to its decision in Stern v. Marshall, 546 U.S __ (2011), in which… Continue Reading