Supreme Court limits Bankruptcy Court jurisdiction over some claims

The US Supreme Court has ruled in Stern v. Marshall (June 23, 2011) that a bankruptcy court lacks jurisdiction to render final judgment on a bankruptcy estate’s compulsory counterclaim against a creditor arising under common law, despite a statutory grant of jurisdiction.

Filed under:
USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Tortious interference, Constitutionality, Bench trial, Common law, Jury trial, US Congress, US Constitution, Article III US Constitution, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
Authors:
Jordan A. Kroop , Stephen D. Lerner , Jeffrey A. Marks , Thomas J. Salerno
Location:
USA
Firm:
Squire Patton Boggs
Ninth Circuit Court of Appeals reverses precedent – courts can recharacterize debt as equity to the extent allowed under state law

Introduction

Filed under:
USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Unsecured debt, Debt, Maturity (finance), Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
Authors:
K. Derek Judd , Jordan A. Kroop
Location:
USA
Firm:
Squire Patton Boggs
Supreme Court limits Bankruptcy Court jurisdiction over some claims

The US Supreme Court has ruled in Stern v. Marshall (June 23, 2011) that a bankruptcy court lacks jurisdiction to render final judgment on a bankruptcy estate’s compulsory counterclaim against a creditor arising under common law, despite a statutory grant of jurisdiction.

Filed under:
USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Tortious interference, Constitutionality, Bench trial, Common law, Jury trial, US Constitution, Article III US Constitution, US Congress, SCOTUS, Ninth Circuit, United States bankruptcy court
Authors:
Jordan A. Kroop , Stephen D. Lerner , Thomas J. Salerno
Location:
USA
Firm:
Squire Patton Boggs