June 23 marked the first anniversary of the U.S. Supreme Court’s decision in Stern v. Marshall, 131 S. Ct. 2594 (2011), which many practitioners foresaw as the beginning of epic change in the battle for jurisdiction over claims that had routinely been handled by bankruptcy courts. This article examines whether the case provides sweeping change or minor disruption in how practitioners and courts handle disputes.
With the 1978 Bankruptcy Reform Act (Act), Congress replaced referees, who oversaw bankruptcy cases, with judges with power over bankruptcy estate administration, including adjudication of all controversies involving the debtor. Unlike Article III judges with salary protection and lifetime tenure, bankruptcy judges were to be appointed by the president for 14- year terms but could be removed by their circuit’s judicial council.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
