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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)

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

Avoidance Actions, Jurisdiction & Appeals, Stern Files

Ninth Circuit Weighs In On Stern v. Marshall and Fraudulent Transfer Actions OR Stern v. Marshall (Yet Again): Are We All Just Making a Mountain Out of a Mole Hill?

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

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

Case Overviews, Due Process Concerns, International, Jurisdiction & Appeals, Litigation Issues, Stern Files

In Advance Watch, SDNY Bankruptcy Court Offers How-To Guide on Serving Process on Foreign Defendants and Applies Broad Implied Consent Standard under Stern and Wellness

Contributor(s)

Ronit J.
Berkovich

Jurisdiction & Appeals, Litigation Issues, Stern Files

Wellness International Network v. Sharif: An In-Depth Review

Contributor(s)

Ronit J.
Berkovich

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

Energy Sector, Stern Files, Throwback Thursday

J. Howard Marshall: Scion of Bankruptcy Reform??

Jurisdiction & Appeals, Stern Files

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

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)

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!

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

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

Jurisdiction & Appeals, Stern Files

Stern: One Year Later

Avoidance Actions, Jurisdiction & Appeals

TOUSA’s Transeastern Lenders File Petition for Rehearing En Banc in Eleventh Circuit

Avoidance Actions, Jurisdiction & Appeals

Southern District Stern Review: Rakoff Rules that Fraudulent Transfer Actions Belong in Bankruptcy Court, But Only for Reports and Recommendations

Executory Contracts & Unexpired Leases, Jurisdiction & Appeals, Stern Files

Contract Claims Not Necessarily an Ace for Parties Challenging Bankruptcy Court Jurisdiction Under Stern

Jurisdiction & Appeals, Stern Files

Fifth Circuit Weighs in on Stern’s Effects on Magistrate Judges’ Authority to Enter Final Judgments on State Law Counterclaims

Jurisdiction & Appeals, Stern Files

Southern District of New York Takes a Stand on Stern

Jurisdiction & Appeals, Stern Files

The Stern Files (fifth edition)

Jurisdiction & Appeals, Stern Files

The Stern Files (fourth edition)

Chapter 15, International

You Are Now Entering the Twilight Zone: The British Virgin Islands, The Only Place Where Madoff, Stern, and Chapter 15 Meet

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

Claims, Jurisdiction & Appeals, Stern Files

Stern Views on Bankruptcy Court Jurisdiction – United States Supreme Court Addresses Bankruptcy Court Jurisdiction in the Anna Nicole Smith Case

Jurisdiction & Appeals, Releases & Exculpations, Stern Files

Just “Released” by the Third Circuit: In re Millennium Lab Holdings II Key Takeaways

Contributor(s)

Ronit J.
Berkovich

Arbitration, Chapter 11 Plans, Intellectual Property, Litigation Issues, Post-Confirmation Issues

Barred by Res Judicata & Judicially Estopped – Court Finds That Netflix Has No Chill

Constitutional Law, Government, Jurisdiction & Appeals

Justice Scalia, Remembered

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

Happy 5th Birthday to the Weil Bankruptcy Blog

Jurisdiction & Appeals

Equitable Mootness on Life Support: The Third Circuit Further Pares Back the Abstention Doctrine in One2One Communications

Chapter 11 Trustees & Examiners, Chapter 7 Trustees

A Tale of Two Circuits: Recent Applications of the Barton Doctrine

News

Remembering Harvey R. Miller: The Evolution and Changing Environment of Bankruptcy Reorganization Law and Practice

Claims, Jurisdiction & Appeals, Rules & Procedures

Can a Bankruptcy Court Order a Non-Debtor to Dismiss a State Court Lawsuit Against a Third Party? It Depends on the Nature of the Claim—and How Long the Non-Debtor Waits to Object

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

Jurisdiction & Appeals, Stern Files

The Ninth Circuit Waits for No One

Bankruptcy Beach Reading

Our "Must-Cite" Bankruptcy Cases

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

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

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

Jurisdiction & Appeals

Supremely Moot: SCOTUS Denies Challenge to Equitable Mootness Doctrine and Second Circuit’s Charter Communications Decision

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

It’s Not Whether You Win or Lose – Texas Bankruptcy Court Holds that Professionals Provide a “Material Benefit to the Estate” Even Where Their Efforts Were Ultimately Unsuccessful

Jurisdiction & Appeals, Professionals

The Decision Might Not Be “In Vogue,” But You Still Can’t Issue Criminal Contempt in the Fifth Circuit

Rules & Procedures

Local Rules Committee for Southern District of New York Wants to Ensure Litigants Keep Things Consensual

Jurisdiction & Appeals

Legal Mirage: Seventh Circuit Dismisses Appeal of Final Order upon Finding No Final Order to Review

Avoidance Actions, Jurisdiction & Appeals

Back to Bankruptcy Court: District Court Denies Motion to Withdraw the Reference Even Though It Finds that Bankruptcy Court Lacked Authority to Finally Decide Claims

Chapter 7 Trustees, Corporate Governance & Fiduciary Duties, Jurisdiction & Appeals

Haunted Houses, Headless Pregnant Women, and Immortal Evil Zombies: A Weil Bankruptcy Blog Spooktacular

Substantive Consolidation

R2D2’s Affiliates Might Be Safe from Substantive Consolidation, but Some Nondebtors in the Ninth Circuit Might Get Pulled Over to the “Dark Side”

Chapter 11 Plans, Jurisdiction & Appeals, Pre-Filing Considerations

The Other Subject Matter Jurisdiction Issue: Courts Disagree Over When to Apply the “Close Nexus” Test to Post-Confirmation Disputes

Claims, Jurisdiction & Appeals, Throwback Thursday

After 29 Years, Northern Pipeline Still Has Teeth

Claims

Eleventh Circuit Does Not Hesitate to Disallow Procrastination

Jurisdiction & Appeals

“Clear Heads . . . and Honest Hearts” – United States Supreme Court Pares Bankruptcy Court Jurisdiction in the Anna Nicole Smith Case

Humor

You’ve Got a Lot of Chutzpah: Pondering the Prevalence of Chutzpah as a Legal Term, and Revisiting the Very Issue of Chutzpah

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

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