Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Supreme Court: bankruptcy courts cannot decide debtors’ state law counterclaims
    2011-06-30

    In a decision that may have significant practical implications to the practice of bankruptcy law, the U.S. Supreme Court recently declared, on constitutional grounds, that a bankruptcy court cannot exercise jurisdiction over a debtor’s state law counterclaims, thus considerably limiting the ability of the bankruptcy court to fully and finally adjudicate claims in a bankruptcy case. Stern v. Marshall, No. 10-179 (June 23, 2011).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, Bankruptcy, Debtor, Tortious interference, Defamation, Exclusive jurisdiction, US Constitution, Article III US Constitution, Article I US Constitution, Supreme Court of the United States, United States bankruptcy court
    Location:
    USA
    Firm:
    Mintz
    Sixth Circuit says, “I’m with the Underhills!”
    2014-11-19

    You might recognize the last name “Underhill” from the 1980’s movie, Fletch. In the movie, the main character, Irwin “Fletch” Fletcher overhears snobby country club member Mr. Underhill speaking rudely to a waiter. To get revenge, Fletch famously tells the waiter he’s “with the Underhills” and proceeds to charge a Bloody Mary, a steak sandwich and…a steak sandwich to the Underhills’ tab.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Tortious interference, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Tortious interference claims: something to keep in mind
    2014-07-01

    Highland Capital Mgmt. L.P. v. UBS Securities, LLC (In re Lyondell Chemical Co.), 505 B.R. 409 (S.D.N.Y. 2014) –

    A hedge fund sued an investment bank for tortious interference based on its exclusion from participation in exit financing for a debtor. The bankruptcy court granted the investment banker’s motion to dismiss for failure to state a claim, and the hedge fund appealed.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Troutman Pepper, Tortious interference
    Location:
    USA
    Firm:
    Troutman Pepper
    The Supreme Court clarifies the role of bankruptcy courts in Stern v. Marshall-type proceedings, but leaves consent issue for another day
    2014-06-20

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Tortious interference, United States bankruptcy court
    Authors:
    Brad Eric Scheler , Gary L. Kaplan , Alan N. Resnick , Jennifer L. Rodburg , Kalman Ochs
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Supreme Court clarifies how bankruptcy judges must proceed
    2014-06-12

    In Executive Benefits Insurance Agency v. Arkison, Chapter 7 Trustee of Estate of Bellingham Insurance Agency, Inc., — U.S. — (June 9, 2014) (Bellingham), the Supreme Court shed light on how bankruptcy judges must proceed when confronted with claims that they cannot finally adjudicate as non-Article III judges.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Briggs and Morgan, Bankruptcy, Tortious interference, United States bankruptcy court
    Authors:
    John R. McDonald , Benjamin E. Gurstelle
    Location:
    USA
    Firm:
    Briggs and Morgan
    The Supreme Court confirms that bankruptcy courts can issue proposed findings of fact and conclusions of law in Stern-type disputes
    2014-06-11

    On Monday, the Supreme Court confirmed1 that bankruptcy courts may hear “Stern-type” matters (such as tortious interference counterclaims) that relate to bankruptcy proceedings, so long as a district court reviews the bankruptcy court’s proposed findings and renders the final decision. Other questions left in the wake of Stern v. Marshall,2 however, remain unanswered and will continue to occupy the attention of parties to bankruptcy matters and courts alike.

    BACKGROUND: IN THE WAKE OF STERN V. MARSHALL

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Debevoise & Plimpton, Tortious interference, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Authors:
    Jasmine Ball , Richard F. Hahn , M. Natasha Labovitz , George E.B. Maguire , Shannon Rose Selden , My Chi To
    Location:
    USA
    Firm:
    Debevoise & Plimpton
    U.S. Supreme Court decision answers question arising out of Stern vs. Marshall decision
    2014-06-09

    In Executive Benefits Insurance Agency, petitioner vs.  Peter H. Arkison, Chapter 7 Trustee, Case No. 12-1200, 573 U.S. __(2014) the United States Supreme Court  ( Court) delivered its opinion as a follow up to its landmark decision in Stern v. Marshall.  In Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Tortious interference, Article III US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    US Supreme Court rules that bankruptcy courts can issue proposed findings in “core” matters involving Stern v. Marshall-type claims
    2014-06-10

    On June 9, 2014, the US Supreme Court issued a unanimous decision in Executive Benefits Insurance Agency v. Arkison (“Executive Benefits”)1 that resolved a fundamental bankruptcy procedural issue that had arisen in the wake of Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Tortious interference, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Brian Trust , Thomas S. Kiriakos , Michael F. Lotito
    Location:
    USA
    Firm:
    Mayer Brown
    Whither the bankruptcy courts? Will they wither? Supreme Court again to consider constitutional limits on bankruptcy court jurisdiction
    2013-08-02

    Two years ago in Stern v Marshall, the Supreme Court surprised many observers by placing constitutional limits on the jurisdiction of the United States Bankruptcy Courts. The Court, in limiting the ability of a bankruptcy court judge to render a final judgment on a counterclaim against a party who had filed a claim against a debtor’s bankruptcy estate, re-opened separation of powers issues that most bankruptcy practitioners had thought settled since the mid-1980s. While the

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Breach of contract, Tortious interference, Article III US Constitution, Article I US Constitution, Ninth Circuit, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Secured lender’s full credit bid barred later recovery from guarantors
    2013-03-06

    The U.S. Court of Appeals for the Fifth Circuit held on Feb. 28, 2013, that a secured lender’s full credit bid for a Chapter 11 debtor’s assets at a bankruptcy court sale barred any later recovery from the debtor’s guarantors. In re Spillman Development Group, Ltd., ___ F.3d ___, 2013WL 757648 (5th Cir. 2/28/13). A “credit bid” allows a creditor to “offset its [undisputed] claim against the purchase price,” a right explicitly granted by Bankruptcy Code (“Code”) § 363(k). 3 Collier, Bankruptcy, ¶ 363.06[10], at 363-59 (16th rev. ed. 2010).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Surety, Debtor, Tortious interference, Secured loan, United States bankruptcy court, Fifth Circuit
    Authors:
    Adam C. Harris , Lawrence V. Gelber , Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Current page 2
    • Page 3
    • Page 4
    • Page 5
    • Page 6
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days