ARTICLE
29 October 2018

The Impact Of Stern On Secured Creditors

LR
Lewis Roca
Contributor
Lewis Roca logo
Lewis Roca serves clients around the world in complex litigation, intellectual property, business transactions, labor and employment, regulatory counseling, and government relations.  With legal excellence and exceptional client service, we pride ourselves on our ability to win for our clients while serving their highest goals and needs.   
The Court later held that bankruptcy courts could utilize the non-core procedure for submitting proposed findings of fact and conclusions of law to the district court in Stern-type cases.
United States Insolvency/Bankruptcy/Re-Structuring
To print this article, all you need is to be registered or login on Mondaq.com.

Stern v. Marshall, 564 U.S. 462 (2011), held that despite the 28 U.S.C. § 157(b) list of core proceedings that bankruptcy courts could finally determine, the Constitution precluded final decisions by an Article I bankruptcy court on a state law counterclaim not resolved in the process of ruling on a creditor's proof of claim.  The Court later held that bankruptcy courts could utilize the non-core procedure for submitting proposed findings of fact and conclusions of law to the district court in Stern-type cases.

To read the full article, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

ARTICLE
29 October 2018

The Impact Of Stern On Secured Creditors

United States Insolvency/Bankruptcy/Re-Structuring
Contributor
Lewis Roca logo
Lewis Roca serves clients around the world in complex litigation, intellectual property, business transactions, labor and employment, regulatory counseling, and government relations.  With legal excellence and exceptional client service, we pride ourselves on our ability to win for our clients while serving their highest goals and needs.   
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More