Stern v. Marshall

Third Circuit Upholds Implied Consent to Bankruptcy Court Jurisdiction

Federal bankruptcy judges, who are not appointed under Article III of the Constitution, do not have the power to enter a final judgment in all matters that come before them. Pursuant to 28 U.S.C. § 157(b)(2), they generally may enter… Read More ›

N.Y. Court Finds Lack of Jurisdiction in Fraudulent Transfer Suit

In Mark S. Kirschner v. John D. Goglia, et al., Case No. 11 Civ. 08250-JSR (S.D.N.Y. May 9, 2012), the United States District Court for the Southern District of New York granted a motion to withdraw the reference by defendants in… Read More ›