Welp, Wellness is Decided . . . A HUGE Victory For The Bankruptcy System

Parties may consent to bankruptcy court hearing Stern claims. There was likely a collective sigh of relief by many bankruptcy attorneys and judges as a result of the majority decision of the Supreme Court in Wellness International Network, Ltd. v. Sharif, decided May 26. In an opinion by Justice Sotomayor, the majority held that Article III permits a bankruptcy judge to adjudicate Stern-type claims, provided the parties knowingly and voluntarily consent. Moreover, the consent does not necessarily have to be express, but implied consent must meet the knowing and voluntary standard.

The opinion may be accessed by clicking here. (Not password protected)

See Also:

No Author Biography has been linked to this Article.

Related Articles

Hale-Andrew-Antico
March 24, 2024
“. . . the law is so clear that of course it's not allowed. However, some courts have twisted themselves into pretzels to create a creditor right to postpetition unmatured interest.” The article explores this not so simple issue by examining relevant sections of the Bankruptcy Code and case law from various circuit courts.
Members
January 13, 2019
Jason Wilson-Aguilar was appointed as the Chapter 13 Standing Trustee for Western District of Washington, Seattle Division, effective on October 2, 2018. He replaces retiring K. Michael (Mike) Fitzgerald who served as the Standing Trustee for nearly twenty years. During the ten years prior to his appointment as Trustee, Jason was the Senior Staff Attorney and Legal Department Manager in...
Members
ahern_larry_regular
December 5, 2021
Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, and Part 2's digest of selected judicial decisions of interest for their procedural import . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or Sign In Below: Username or...
Members
Miller_Deb_pp
November 12, 2023
Just a few more weeks ‘til principal and interest gotta be listed separately on a POC.
Members
hayes
January 28, 2024
Does § 523(a)(15) include claims by a spouse against the other spouse for fraud etc, i.e., §§ 523(a)(2), (4) and (6), in a chapter 7 case?
Members
December 1, 2019
By Peter Fessenden, Chapter 13 Standing Trustee, Retired September 30, 2017 (Portland, ME) To everything there is a season. There was a time to discover how little I knew about being a Chapter 13 trustee. There was a time to make mistakes. There was a time to address those mistakes. There was a time to solve problems. There was a...
Members
June 9, 2019
By Jan Hamilton, Chapter 13 Trustee (Topeka, KS) Introduction Preliminarily, I recognize that many of those reading this do not need to. There are many fine trial attorneys in the bankruptcy bar. Those folks could well be writing this article. By way of defending myself in advance, this little piece does not consist of a series of war stories or...
Members
August 4, 2019
By Academy Staff Those who have been around consumer bankruptcy for a while remember the halcyon days when a Debtor surrendered property in the Plan; Plan was confirmed; lender would foreclosure and file its deficiency claim; Debtor would complete the Plan; and obtain a discharge of all unsecured debts including the deficiency balance. Lenders were able to realize on the...
Members
April 14, 2019
By William J. Purdy, III, Simmons & Purdy (Soquel, CA) Hundreds of thousands of taxpayers in the past few weeks have looked at or at least thought about, Form 1099-A or Form 1099-C documents they have received. Some arrived in the tax year a debt was allegedly cancelled. Others are issued by financial instructions many years after they should have...
Members
moran_cathy
April 14, 2024
Many really good questions were generated by our recent Means Test webinars. Attached is a Q & A exchange on one such question regarding the 6-month commitment period.
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: