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The Supreme Court has ruled for a second time on the seemingly endless litigation over the J. Howard Marshall II estate, sparking debate among practitioners as to whether the ruling will have a substantial impact on the flow of bankruptcy litigation. In addition, Chapter 11 business filings are down, a statistic that would seem counterintuitive during a recession. This special report delves into these and more, including the impact of Hart-Scott-Rodino premerger notification requirements on bankruptcy sales and jurisdictional issues that arise for retirement plans during bankruptcy.   Tabloids aside, what does ruling in ‘Stern v. Marshall’ mean? The U.S. Supreme Court’s 5-4 ruling in Stern v. Marshall was the capstone in the epic battle involving the late tabloid siren Anna Nicole Smith over oil tycoon J. Howard Marshall II’s estimated $1.6 billion estate. So what does the Court’s June 23 ruling really mean for bankruptcy cases?

 

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