News Topic: Article III

The economic fallout from the COVID-19 pandemic will leave in its wake a significant increase in commercial chapter 11 filings. Many of these cases will feature extensive litigation involving breach of contract claims, business interruption insurance ... Read full article

The judicial power of the United States is vested in courts created under Article III of the Constitution. ... Read full article

The Supreme Court recently heard arguments in a patent dispute case, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC .  Although the case has nothing to do with bankruptcy law, its outcome could have a substantial impact on bankruptcy ... Read full article

In December 2015, U.S. Bankruptcy Court Judge Laurie Silverstein of the District of Delaware confirmed a plan of reorganization in the Millennium Lab Holdings chapter 11 case that included the non-consensual release of certain claims against various ... Read full article

The Supreme Court recently granted certiorari in PEM Entities LLC v. Levin , in which it will decide whether federal or a state law should apply when a debt claim held by a debtor’s insider is sought to be recharacterized in bankruptcy as a capital ... Read full article

In Millenium Lab Holdings , Delaware District Court Judge Leonard Stark, on an appeal from a bankruptcy court order confirming a plan of reorganization, recently upheld a challenge to the bankruptcy court’s constitutional authority to release claims ... Read full article

Four years ago, in Stern v. Marshall , the Supreme Court stunned many observers by re-visiting separation of powers issues regarding the jurisdiction of the United States bankruptcy courts that most legal scholars had viewed as long settled. Stern ... Read full article

There were nearly a million bankruptcy cases filed by individuals and businesses in 2014.  It is safe to say that only the tiniest fraction of such debtors have any familiarity with the Supreme Court’s decision in Stern v. ... Read full article

Three years ago, in Stern v. ... Read full article

The U.S. Supreme Court yesterday, in Executive Benefits Insurance Agency v. Arkinson , limited somewhat the ramifications of its landmark opinion two years ago in Stern v. ... Read full article

Two years ago in Stern v Marshall , the Supreme Court surprised many observers by placing constitutional limits on the jurisdiction of the United States Bankruptcy Courts. The Court, in limiting the ability of a bankruptcy court judge to render a final ... Read full article