In 2011, the U.S. Supreme Court issued Stern v. Marshall, 564 U.S. ___ (2011), which declared unconstitutional the statutory authorization permitting bankruptcy courts to finally adjudicate state law counterclaims not otherwise resolved in the claims allowance process. Although Stern is relatively old news, a recent decision clarifying and arguably broadening its holdings is not.
Issuing Final Judgment in Fraudulent Transfer Actions
The Legal Intelligencer
July 19, 2013