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The Bankruptcy StrategistLJN NewslettersNewsSections

Seventh Circuit Stumble

By Dion W. Hayes and Aaron G. Mccollough
September 26, 2013

As fallout from the Supreme Court's decision in Stern v. Marshall, 131 S. Ct. 2594 (2011) continues to disrupt bankruptcy litigation throughout the country, the Seventh Circuit recently provided a new (and rather unfortunate) contribution to the body of post-Stern authority from the Court of Appeals level. The Seventh Circuit's new decision is notable not so much for its constitutional analysis (which is important, but merely adds to an existing circuit split that will likely be resolved by the Supreme Court next term), but for its statutory analysis of 28 U.S.C. ' 157, which could prove highly disruptive.

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