Supreme Court Clarifies Bankruptcy Court Procedure when Facing a Non-Bankruptcy Claim | Practical Law
In Executive Benefits Insurance Agency v. Arkison, the US Supreme Court outlined the procedure a bankruptcy court must follow when faced with a related, but non-bankruptcy claim. Arkison clarifies the Court's 2011 decision Stern v. Marshall, which held that the Constitution forbids a bankruptcy court from entering final judgment on non-bankruptcy claims.