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Stern v. Marshall: What Will it Mean for the Future of Bankruptcy Court...

On June 23, 2011, the United States Supreme Court issued its most significant ruling on Bankruptcy Court jurisdiction in nearly 30 years.  In Stern v. Marshall the Supreme Court, in a 5-4 decision,...

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Stern v. Marshall Update: Ortiz v. Aurora Health Care, Inc.

The Seventh Circuit Court of Appeals became the first appellate court to rule on the implications of Stern in Ortiz v. Aurora Health Care, Inc., Nos. 10-3465, 10-3466, 2011 WL 6880651 (7th Cir. Dec....

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Stern Revisited, Testing the Jurisdictional Authority of the Bankruptcy...

In January, the Supreme Court heard oral argument in Executive Benefits Insurance Agency v. Arkison. Executive Benefits is viewed by many as the sequel to Stern v. Marshall, 131 S. Ct. 2594, 180 L. Ed....

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Leaving Las Vegas (and Wilmington, too?)

The topic of transfer of bankruptcy venue continues to percolate.  There were panels on the topic at both the summer 2013 American Bankruptcy Institute Mid-Atlantic Conference, and the May 2014 annual...

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UPDATE: Leaving Las Vegas (but What is Filed in Delaware Stays in Delaware)

On Thursday, May 22, 2014, Judge Sontchi upheld the Energy Futures Holdings debtors’ chosen venue in Delaware, denying the second-lien holders’ motion to transfer the bankruptcy case to Texas.  In...

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