Insolvency Insights

Insolvency Insights

A Creditors' Rights and Insolvency Blog

Insolvency

Closing the Gap: The Supreme Court Holds that Bankruptcy Courts Should Enter Proposed Findings of Fact and Conclusions of Law for Stern Claims

Bankruptcy Code, Insolvency, Stern v. Marshall

On June 9, 2014, while the Bankruptcy Bar waited with bated breath, Justice Thomas delivered the long-anticipated opinion of the unanimous Court in Executive Benefits Insurance Agency v. Arkinson.   While the Supreme Court answered the question of how to proceed when confronted with a Stern claim, it left the question of consent “for another day.”  […]