Stern v. Marshall update – Ninth Circuit holds that bankruptcy courts lack constitutional authority to finally determine fraudulent transfer claims against non-claimants

On December 4, 2012, the United States Court of Appeals for the Ninth Circuit added to the growing body of case law delineating the extent of bankruptcy courts’ jurisdiction in the wake the Supreme Court’s decision in Stern v. Marshall.

Filed under:
USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Jury trial, Article III US Constitution, Ninth Circuit, United States bankruptcy court
Authors:
Michael A. Stevens
Location:
USA
Firm:
Cadwalader Wickersham & Taft LLP
Bringing Certainty to Uncertainty: Estimation of Tort Claims

Claims estimation can be an important tool for a chapter 11 debtor, particularly to pave the way for proposing a chapter 11 plan.  How a bankruptcy court estimates wrongful death and personal injury tort claims (which have a jury trial right) is an interesting issue that was recently discussed by the Bankruptcy Court for the Central District of California in In re North American Health Care, Inc.

Filed under:
USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Jury trial, Wrongful death claim
Authors:
Debora Hoehne
Location:
USA
Firm:
Weil Gotshal & Manges LLP