'Goldman Sachs v. Brown' Reinforces Limits On the FAA In Bankruptcy

The Goldman Sachs decision may offer a path through the longstanding conflict: beyond asking whether a dispute is core, future courts may use the Supreme Court’s analysis in Stern to assess whether the dispute lies within the bankruptcy court’s constitutionally protected sphere of authority.

12 minute read October 01, 2026 at 12:11 AM

Steve McNeill and Sarah Gladieux

In Goldman Sachs Bank USA v. Brown, No. 25-1439 (4th Cir 2026), the Fourth Circuit refused to send a debtor's stay-violation claim to arbitration, ruling it belongs in bankruptcy court as a fundamental bankruptcy claim.

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'Goldman Sachs v. Brown' Reinforces Limits On the FAA In Bankruptcy

This premium content is locked for The Bankruptcy Strategist subscribers only

Continue Reading

Is Your Law Firm’s AI Ready for Answer Engines and Clients?

Lawsuit Over Carl Sagan’s “Iconic” Saying Evokes Right of Publicity Issues That Are Becoming Common Amid AI Boom

When AI Agents Trigger a Crisis, Part 2: Before the Agent Acts

Who Owns the Code? Closing IP and Founder Equity Gaps Before Venture Diligence Finds Them