A First-Anniversary Look at the Impact of 'Stern v. Marshall'

, New York Law Journal


Thompson Hine's Barry Kazan and Jim Henderson write: In the year since 'Stern' was decided, courts have grappled with how broadly to read the decision while also addressing practical issues arising in bankruptcy cases. Courts finding that 'Stern' has a broad application focus on public/private rights analysis; courts with narrow interpretations focus on the conclusion of Roberts' opinion: "[T]he question presented here is a 'narrow' one...[and] does not change all that much."

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