CRITICAL CASE COMMENT: Stern v. Marshall

By Henry E. Hildebrand, III

Stern v. Marshall, 2011 WL 2472792 (U.S.) June 23, 2011 (Roberts)

A counterclaim against a creditor asserting a claim is a core proceeding under § 157(b)(2)(C), but Congress’ delegation of jurisdiction over such claims to a bankruptcy court (which is not an Article III court) is unconstitutional.

Case Summary

Vicki Lynn Marshall, also known as Anna Nicole Smith, married Howard Marshall shortly before his death. When Mr. Marshall, reputed to be one of the wealthiest men in Texas, passed away, his will . . .

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