Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Bankruptcy StrategistFeaturesKickerLJN NewslettersNewsSections

Bankruptcy Jurisdiction: From <i>Stern</i> to <i>Executive Benefits,</i> <i>Wellness International</i> and Beyond

By Madlyn Gleich Primoff and Neal Hampton

After a reprieve of more than 20 years, the United States Supreme Court has in the past several years delved into the world of bankruptcy court jurisdiction in a big way. In 2011, the Court introduced new-found uncertainty into bankruptcy practice and procedure when it issued its landmark decision in Stern v. Marshall, which limited the constitutional authority of bankruptcy judges to issue final decisions with respect to state law counterclaims. At the time, many observers worried that the decision could lead to a dramatic overhaul of the bankruptcy court system.

With its June 9, 2014, decision in Executive Benefits Insurance Agency v. Arkison, the Court had its first opportunity to consider the implications of Stern. Ultimately, the Court's decision in Executive Benefits endorsed the new procedures that the bankruptcy courts have been following in the wake of Stern. Again, the Court left several questions open in Executive Benefits, and the decision's main lesson to bankruptcy practitioners seemed to be: “Stay tuned.” Now, with its decision of July 1, 2014, to grant certiorari in Wellness International Networks, Inc. v. Sharif, the Court has an opportunity to address questions expressly left open in Executive Benefits.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.