Abstract

http://ssrn.com/abstract=1888685
 
 

Footnotes (121)



 


 



The Supreme Court’s Decision in Stern v. Marshall: Analysis & Implications


Mark S. Scarberry


Pepperdine University School of Law

July 18, 2011

Pepperdine University Legal Studies Research Paper No. 2011/14

Abstract:     
This paper discusses the Supreme Court’s June 23, 2011 decision in Stern v. Marshall, on bankruptcy court jurisdiction, in which the Court held:

(1) that all core proceedings (including all counterclaims filed against creditors who have filed claims) arise under title 11 or arise in the case under title 11, with none being merely “related to” proceedings;

(2) that 28 U.S.C. § 157 must be interpreted to grant jurisdiction to bankruptcy judges to enter final judgments on all counterclaims filed against creditors who have filed claims, with all such counterclaims being core proceedings; and

(3) that Article III of the Constitution prohibits bankruptcy judges from entering final judgments on some counterclaims, even where the creditors have filed claims in the bankruptcy case.

The paper explains that the Court’s decision, though perhaps modest in direct effect, fails to lay to rest continued questions about the possible vulnerability of the entire system of bankruptcy court jurisdiction. The paper also explains the circumstances under which bankruptcy courts have jurisdiction to enter final judgments on counterclaims. It discusses the rationales for the distinctions made by the Court, including issues of public rights, res judicata, and consent to jurisdiction.

Number of Pages in PDF File: 26

Keywords: Stern, Marshall, Bankruptcy, Jurisdiction, Article III, Supreme Court, Core Proceedings, Bankruptcy Judges, Stern v. Marshall, Counterclaims, Arising Under, Arising In, Related To, 28 U.S.C. § 157, Res Judicata, Consent, Public Rights, Private Rights, Article III Judges, Article III Courts

JEL Classification: D73, G33, H11

Accepted Paper Series


Download This Paper

Date posted: July 20, 2011  

Suggested Citation

Scarberry, Mark S., The Supreme Court’s Decision in Stern v. Marshall: Analysis & Implications (July 18, 2011). Pepperdine University Legal Studies Research Paper No. 2011/14. Available at SSRN: http://ssrn.com/abstract=1888685

Contact Information

Mark S. Scarberry (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,671
Downloads: 450
Download Rank: 34,422
Footnotes:  121

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.265 seconds