Law Commons^™

From Stem To Stern: Navigating Bankruptcy Practice After Stern V. Marshall, Michelle Wright

Missouri Law Review

In order to provide a foundation for understanding the Court’s reasoning in Stern, Part II of this Comment briefly covers the history of bankruptcy in America. Section III explains how the Supreme Court of the United States’ holding in Stern v. Marshall16 has affected bankruptcy courts’ disposition of state law claims. Scholars’ interpretations of Stern range from understanding it as a narrow holding that will change little in bankruptcy, to questioning whether it foreshadows the Court holding the entire bankruptcy system is unconstitutional in a future case. Given the breadth of opinions that the decision supports, it is predictable that …