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Legal Update

The US Supreme Court Rules that Bankruptcy Courts Can Enter Final Judgments with the Consent of the Parties in Matters Involving Stern v. Marshall-Type Claims

26 May 2015
Mayer Brown Legal Update

On May 26, 2015, the US Supreme Court issued a decision in Wellness International Network, Ltd. v. Sharif, No. 13-935 resolving yet another fundamental bankruptcy procedural issue that had arisen in the wake of Stern v. Marshall, 564 U.S. ___ (2011), with the Court’s majority holding that “Article III [of the US Constitution] is not violated when the parties knowingly and voluntarily consent to adjudication by a bankruptcy judge” with respect to a Stern claim. Slip Op. at 2. For a summary of the Court’s decision and some of the issues as to the day-to-day administration of bankruptcy administration with respect to Stern claims that may continue to arise and are not resolved by today’s decision, please see the link below.

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  • Brian Trust
    T +1 212 506 2570
  • Thomas S. Kiriakos
    T +1 312 701 7275
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