Emory Bankruptcy Developments Journal


This excellent Article by Professor Laura B. Bartell explores how Stern claims have been treated since the Supreme Court decided Arkison and Wellness. This Article studies these claims by analyzing 495 cases in which a bankruptcy court mentioned 'Stern v. Marshall,' cited Arkison, or cited Wellness. From this study, the Article concludes that bankruptcy courts find few core proceeding that they decide are covered by Stern and thus are beyond the bankruptcy court's constitutional power to decide. This Article further concludes that even when a bankruptcy court questions its authority to hear a matter, the litigants will usually consent to the court's judgment. Where litigant consent is not present, this Article finds that district court almost always adopts the bankruptcy court's finding of fact and conclusion of law.