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Jurisdiction & Appeals, Stern Files

The Stern Files: Uncertainty Abounds Regarding Consent to Bankruptcy Court Adjudication

Jurisdiction & Appeals, Stern Files

Stern Files: Fifth Circuit Finally Weighs In and Holds Consent Cannot Cure Bankruptcy Court’s Lack of Constitutional Authority

Contributor(s)

Jurisdiction & Appeals, Stern Files

Stern Files: “No Subject Matter Jurisdiction for You” — Fifth Circuit Questions Bankruptcy Courts’ Jurisdiction Over Certain “Core” Matters…Maybe?

Jurisdiction & Appeals, Stern Files

Stern Files: Seventh Circuit Sides with Sixth Circuit in Holding that Consent Does Not Cure Bankruptcy Courts’ Lack of Final Constitutional Authority

Jurisdiction & Appeals, Stern Files

Stern Files: Back to the Supreme Court!

Avoidance Actions, Jurisdiction & Appeals, Stern Files

Stern Files: Back to the Supreme Court?

Jurisdiction & Appeals, Stern Files

The Stern Files (Seventh Edition)

Avoidance Actions, Jurisdiction & Appeals, Stern Files

Stern Files: The Circuit that Originally Gave Us Stern Creates the First Stern Circuit Split

Jurisdiction & Appeals, Stern Files

The Stern Files (sixth edition)

Jurisdiction & Appeals, Stern Files

The Stern Files (fifth edition)

Jurisdiction & Appeals, Stern Files

The Stern Files (fourth edition)

Jurisdiction & Appeals, Stern Files

The Stern Files (third edition)

Jurisdiction & Appeals, Stern Files

The Stern Files (second edition)

Jurisdiction & Appeals, Stern Files

The Stern Files

Jurisdiction & Appeals, Stern Files

Well Well Wellness: The Supreme Court’s Most Recent Decision Regarding Stern v. Marshall and its Progeny

Jurisdiction & Appeals, Stern Files

BREAKING NEWS: Some Guidance from SCOTUS on Stern v. Marshall! (And What You Really Need to Know)

Jurisdiction & Appeals

More on Stern: What Does “De Novo Review” Mean?

Jurisdiction & Appeals, Stern Files

Thoughts on a New Age of Consent: What Does Consent Mean with Respect to Stern Claims?

Jurisdiction & Appeals, Stern Files

Back to School: Circuit Courts Provide “Cheat-Sheet” on Stern Consent Issues in Advance of the Supreme Court’s Consideration of Wellness Int’l Network v. Sharif

Constitutional Law, Jurisdiction & Appeals, Property of the Estate, Stern Files, What We're Watching

“Thank You, SCOTUS; It’s About Time!”: Supreme Court Grants Cert to Decide Meaningful Stern v. Marshall Questions

Jurisdiction & Appeals, Stern Files

Breaking News: Unanimous Supreme Court Closes Statutory Gap, Leaves Other “Core” Stern Questions For Another Day (Executive Benefits Insurance Agency v. Arkison)

What a Long, Strange “Tripp” It’s Been: Eastern District of Virginia Upholds Sealing Report Under Section 107

Avoidance Actions, Jurisdiction & Appeals, Stern Files

Sixth Circuit First Court of Appeals to Address Fraudulent Transfers in Light of Stern

Jurisdiction & Appeals, Stern Files

Don’t Break the Cycle – Stern Causes Court to Withdraw Reference, Refer to Magistrate Judge for Report and Recommendation

Jurisdiction & Appeals, Stern Files

Judicial Conference Proposes Amended Bankruptcy Rules In Response To Stern

Avoidance Actions, Jurisdiction & Appeals, Litigation Issues, Stern Files

A Scatological Analysis of Bankruptcy Court Jurisdiction and Authority After Stern v. Marshall

Jurisdiction & Appeals, Stern Files

Stern: One Year Later

Jurisdiction & Appeals, Stern Files

Southern District of New York Takes a Stand on Stern

Jurisdiction & Appeals, Litigation Issues, Stern Files

Be Careful — You Might Consent to Adjudication in Bankruptcy Court Even If You’ve Expressly Said You Don’t

Jurisdiction & Appeals, Stern Files

Judge Joseph Irenas and Appellate Review of Bankruptcy Decisions – a Snapshot of a Lasting Legacy

Automatic Stay, Constitutional Law

Yom Kippur, Kim Davis, the Automatic Stay, and Religious Adjudication of Disputes Involving Parties in Bankruptcy

Holiday Posts, Constitutional Law, Jurisdiction & Appeals, Stern Files

Some Rosh Hashanah Reflections on the Talmud, Wellness, and the High Court

Bankruptcy Beach Reading

Bankruptcy Puns: Available Today For Only Fifty Cents On The Dollar

Automatic Stay, Claims

Litigation or Estimation? When Should Nonbankruptcy Actions Continue in Their Original Forums, and When Should They Be Resolved Through Estimation in Bankruptcy Court?

ABI Reform Commission

ABI Chapter 11 Reform Commission Series: Venue and Core and Noncore Matters

Energy Sector, Stern Files, Throwback Thursday

J. Howard Marshall: Scion of Bankruptcy Reform??

Jurisdiction & Appeals, Stern Files

The Ninth Circuit Waits for No One

Jurisdiction & Appeals, Stern Files, What We're Watching

Are You There, Chief Justice Roberts? It’s Us, the Bankruptcy Courts

Jurisdiction & Appeals, Stern Files

Cash Flow vs. Balance Sheet Insolvency in Chapter 11: Who Cares? Insolvency Is Not a Prerequisite to a Voluntary Chapter 11 Filing in the Ninth Circuit

Claims, Jurisdiction & Appeals

I’m Not a Creditor – Get Me Outta’ Here!! Reflections on Bankruptcy Rule 3006 and Claim Withdrawal in Bankruptcy Cases

Avoidance Actions, Case Overviews, Chapter 11 Trustees & Examiners, Chapter 7 Trustees, Government, Lookback Period, What We're Watching

No Time Runs against the King (IRS): The Golden Creditor Rule and its Discontents

Contributor(s)

Tinkering With Ipso Facto Provisions In Financial Contracts Could Send Them Sailing Out of Safe Harbors

Are you Covered? The Insured v. Insured Exclusion

Contributor(s)

Due Process Concerns, Rules & Procedures

Pro Se Creditor Out of Luck (and Time) When He Did Not File Timely Appeal – Because He Never Received Notice of Entry of the Order!

Happy 5th Birthday to the Weil Bankruptcy Blog

Bankruptcy Beach Reading, Humor

Highlights of Our Favorite Bankruptcy Quotes This Year

Jurisdiction & Appeals

“Life is Full of Tough Choices”: Sixth Circuit Considers Interplay Between Change of Venue and Choice of Law Rules

Claims

Court Denies Administrative Priority Status to Seller Whose Goods Were Not Received by the Debtor

Chapter 11 Plans, Jurisdiction & Appeals, Mass Torts, Stern Files

Don’t Invoke the Ghost of Anna Nicole Lightly: Ninth Circuit Summarily Rejects Undeveloped Challenge to Bankruptcy Courts’ Constitutional Authority

COMI Maybe? The Second Circuit Examines the Relevant Date for Determining a Debtor’s “Center of Main Interests”

Some Courts Offer Little Guidance in Determining Who Is Considered a 327(a) Professional

“Auditing” an EDNY Decision with a Plethora of Tax Issues (Part One)

Pre-Filing Considerations

Just Because We’re Siblings Doesn’t Mean I Want to Be Affiliated with You!

Avoidance Actions, Claims

Armor-Plated Agreements – Second Circuit Protects Risk Allocation in Bankruptcy Claim Trader’s Contract

Chapter 11 Plans, Corporate Governance & Fiduciary Duties

NO WALLFLOWERS HERE: Bankruptcy Court Holds That Disclosure Statement Containing Third Party Release in Favor of Indenture Trustee Must Specifically and CONSPICUOUSLY Inform Bondholders of Release