Benjamin Feder

Kelley Drye & Warren LLP

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Latest Posts › Stern v Marshall

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Could Supreme Court Case on Debt Recharacterization Provide a Pathway Out of the Stern v. Marshall Maze?

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...more

7/20/2017 / Bankruptcy Code , Bankruptcy Court , Certiorari , PEM Entities LLC v. Levin , Recharacterization , SCOTUS , Stern v Marshall

Supreme Court Decides to Maintain the Viability of the U.S. Bankruptcy Courts, But a Key Question Remains Unresolved

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...more

5/31/2015 / Article III , Bankruptcy Code , Commercial Bankruptcy , Judicial Authority , SCOTUS , Stern Claims , Stern v Marshall , Wellness International Network v Sharif

Wellness International Oral Argument: Supreme Court Justices Grapple With Implications of Narrowing Bankruptcy Court Powers

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....more

1/26/2015 / Article I , Article III , Bankruptcy Court , Judicial Authority , SCOTUS , Stern v Marshall , Waivers , Wellness International Network v Sharif

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