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Stern v. Marshall: Narrow Holding, Broader Implications!

June 23rd, 2011 - Litigation, News Updates

In Stern v. Marshall, 564 U.S. ____ (June 23, 2011), the U.S. Supreme Court, in a 5โ€“4 decision, held that the bankruptcy court could not, as a constitutional matter, enter a final judgment on a counterclaim that did not arise under Title 11 or in a case under Title 11, even though 28 U.S.C. ยง 157(b)(2)(C) expressly permits it to do so.

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