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    Supreme Court limits reach of non-Article III courts’ jurisdiction
    2011-07-05

    On June 23, 2011, the US Supreme Court issued a narrowly-divided decision in Stern v. Marshall, limiting Bankruptcy Court jurisdiction over certain types of claims. The Court found that while the Bankruptcy Court was statutorily authorized to enter final judgment on a tortious interference counterclaim (as a core proceeding under 28 U.S.C. § 157(b)(2)(C)), it was not constitutionally authorized to do so.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Latham & Watkins LLP, Bankruptcy, Fraud, Tortious interference, Standard of review, Constitutionality, US Constitution, Article III US Constitution, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Authors:
    Wayne S. Flick , Amy Quartarolo , Adam E. Malatesta , Jason B. Sanjana
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Supreme Court declares bankruptcy courts’ jurisdiction to decide counterclaims based on state common law unconstitutional
    2011-07-07

    The United States Supreme Court recently ruled in Stern v. Marshall1 that a bankruptcy court lacks constitutional authority to render a final judgment on a bankruptcy estate’s counterclaim against a creditor based on state common law, despite an express statutory grant of jurisdiction. This ruling is the most significant decision regarding bankruptcy court jurisdiction since the Court’s 1982 decision in Northern Pipeline v. Marathon2 and it could significantly affect the administration of bankruptcy cases.

    Root of the Constitutional Problem

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Troutman Pepper, Bankruptcy, Tortious interference, Defamation, Standard of review, Constitutionality, Common law, Subject-matter jurisdiction, US Congress, Title 11 of the US Code, US Constitution, Article III US Constitution, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Authors:
    Michael H. Reed
    Location:
    USA
    Firm:
    Troutman Pepper
    District court withdraws reference to the bankruptcy court of non-core coverage actions
    2011-07-14

    The United States District Court for the Central District of California has granted motions by eight directors and officers liability insurers to withdraw the reference to the bankruptcy court of two coverage actions involving coverage for claims against former directors and officers of a bank holding company.  In re IndyMac Bancorp, Inc., Nos. CV11-02600; CV11-02605; CV11-02950; CV11-02988 (C.D. Cal. May 17, 2011).  Wiley Rein LLP represents an excess insurer and the primary Side A insurer in the litigation.

    Filed under:
    USA, California, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Board of directors, Limited liability partnership, Standard of review, Holding company, Bank holding company, Article I US Constitution, Trustee, US District Court for Central District of California, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Split decision on terms of Dow Corning "breast implant" bankruptcy settlement
    2010-12-20

    On December 17, 2010, in In re Settlement Facility Dow Corning Trust (6th Cir., Case Nos. 09-1827/1830, Dec.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Vacated judgment, Standard of review, Remand (court procedure), Dissenting opinion, Disability, Majority opinion, Sixth Circuit
    Location:
    USA
    Firm:
    Squire Patton Boggs
    More on Stern: what does “de novo review” mean?
    2015-04-16

    “How was I supposed to know that something wasn’t right here … Show me how you want it to be.  Tell me baby ‘cause I need to know now…” – Britney Spears

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Standard of review, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    In re Lett: preserving APR plan confirmation objections on appeal
    2011-06-03

    Earlier this year, the United States Court of Appeals for the Eleventh Circuit decided in In re Lett that objections to a bankruptcy court’s approval of a cram-down chapter 11 plan on the basis of noncompliance with the “absolute priority rule” may be raised for the first time on appeal. The Eleventh Circuit ruled that “[a] bankruptcy court has an independent obligation to ensure that a proposed plan complies with [the] absolute priority rule before ‘cramming’ that plan down upon dissenting creditor classes,” whether or not stakeholders “formally” object on that basis.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Unsecured debt, Interest, Debt, Standard of review, Remand (court procedure), Dissenting opinion, Stay of execution, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit
    Authors:
    Dan T. Moss , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    District court withdraws reference to the bankruptcy court of non-core coverage actions
    2011-07-14

    The United States District Court for the Central District of California has granted motions by eight directors and officers liability insurers to withdraw the reference to the bankruptcy court of two coverage actions involving coverage for claims against former directors and officers of a bank holding company.  In re IndyMac Bancorp, Inc., Nos. CV11-02600; CV11-02605; CV11-02950; CV11-02988 (C.D. Cal. May 17, 2011).  Wiley Rein LLP represents an excess insurer and the primary Side A insurer in the litigation.

    Filed under:
    USA, California, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Board of directors, Limited liability partnership, Standard of review, Holding company, Bank holding company, Article I US Constitution, US District Court for Central District of California, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Wiley Rein LLP
    No abuse of discretion in refusing to reopen bankruptcy proceedings after four years
    2010-10-22

    REDMOND v. FIFTH THIRD BANK (October 20, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debt, Mortgage loan, Foreclosure, Standard of review, Remand (court procedure), Default (finance), Prejudice, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bankruptcy court's interpretation of reorganization plan it confirmed receives deferential treatment
    2010-08-17

    IN RE: AIRADIGM COMMUNICATIONS, INC. (August 4, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Telecoms, Kelley Drye & Warren LLP, Bankruptcy, Collateral (finance), Standard of review, Estoppel, Federal Communications Commission (USA), SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Supreme Court limits reach of non-Article III courts’ jurisdiction
    2011-07-05

    On June 23, 2011, the US Supreme Court issued a narrowly-divided decision in Stern v. Marshall, limiting Bankruptcy Court jurisdiction over certain types of claims. The Court found that while the Bankruptcy Court was statutorily authorized to enter final judgment on a tortious interference counterclaim (as a core proceeding under 28 U.S.C. § 157(b)(2)(C)), it was not constitutionally authorized to do so.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Latham & Watkins LLP, Bankruptcy, Fraud, Tortious interference, Standard of review, Constitutionality, US Constitution, Article III US Constitution, SCOTUS, Ninth Circuit, United States bankruptcy court
    Authors:
    Adam E. Malatesta , Jason B. Sanjana
    Location:
    USA
    Firm:
    Latham & Watkins LLP

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