Complex Bankruptcy Litigation in a Stern World
June 23 marked the one-year anniversary of the Supreme Court's decision in Stern v. Marshall, in which the court held that a bankruptcy court lacks the constitutional authority to enter final judgment in a state law counterclaim. Since Stern, the growing trend is uncertainty among the courts in whether to interpret this standard narrowly or broadly. This cloud of uncertainty only makes the most complex matters worse when large-sum commercial interests may be at stake, impacting lenders, officers and directors and other stakeholders involved in litigation.
Norman L. Pernick
Cole, Schotz, Meisel, Forman & Leonard, P.A.; Wilmington, Delaware
Judith Greenstone Miller, Moderator
Jaffe, Raitt, Heuer & Weiss, PC; Southfield, Mich.
Hon. Charles G. Case, II
U.S. Bankruptcy Court (D. Ariz.); Phoenix
Douglas L. Lutz
Frost Brown Todd LLC; Cincinnati, Ohio
William L. Norton, III
Bradley Arant Boult Cummings LLP; Nashville, Tenn.
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