- 28 U.S.C.
Stern v. Marshall
Jun
23
2011
Ruling
Bankruptcy court was not established under Article III and lacked subject matter jurisdiction to enter judgment on debtor's state tort counterclaim to creditor's defamation claim despite attempted statutory extension of jurisdiction under 28 U.S.C.S. § 157(b)(2)(C).
Procedural posture
Creditor brought an adversary proceeding against petitioner bankruptcy debtor for defamation and the debtor obtained a judgment on a counterclaim for tortious interference with an intended gift from the debtor's deceased spouse. Upon the grant of a writ of certiorari, the debtor challenged the judgment of the U.S. Court of Appeals for the Ninth Circuit which held that the bankruptcy court lacked jurisdiction to enter the judgment.
ABI Membership is required to access the full summary of Stern v. Marshall Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: U.S. Supreme Court