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Expert Analysis

6th Circ. Reinvigorates Stern V. Marshall Debate

Law360, New York (November 26, 2012, 12:54 PM EST) -- In a surprising decision certain to reinvigorate the ongoing debate about the scope of Stern v. Marshall, ___ U.S. ___, 131 S. Ct. 2594 (2011), the Sixth Circuit Court of Appeals adopted a broad view of Stern and held that the structural nature of the limitations imposed on bankruptcy courts by Article III of the Constitution could not be waived by a party's failure to object at the trial court level. The decision, Waldman v. Stone (6th Cir. Oct. 26, 2012), brings renewed uncertainty to the oft-litigated questions regarding the constitutional limits of a bankruptcy court to adjudicate both core and non-core claims....

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