Title

Stern v. Marshall – Supreme Court Limits the Power of Bankruptcy Courts to Hear Certain State Law Claims Brought by Debtors Against Creditors
Insolvency and Restructuring Update

Created date

6/27/2011
Late last week, the United States Supreme Court affirmed a 2010 ruling of the Ninth Circuit Court of Appeals and held that a bankruptcy court, as a non-Article III court, did not have the constitutional authority to decide a state law claim brought by a debtor against a creditor, even though the matter was part of the “core” statutory jurisdiction of the bankruptcy court. This significant decision limits the power of bankruptcy courts and may have wide-ranging implications, requiring certain types of claims to be decided in a non-bankruptcy forum, even where they are central to a debtor’s bankruptcy case.