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Editor In Chief:
Wendy Gerwick Couture
Associate Professor at the
University of Idaho
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Archive Articles
Category Archives: BANKRUPTCY
There Is No 7th Amendment Right to a Jury Trial in a Nondischargeability Proceeding
Case: Stanbrough v. Valle, Adv. No. 11-06051-TLM Court: United States Bankruptcy Court, District of Idaho Date Issued: February 6, 2012 Judge: Terry L. Meyers, Chief U.S. Bankruptcy Judge Issue: Does the Seventh Amendment guarantee a litigant the right to a … Continue reading
Posted in BANKRUPTCY, Brian Schlect, Hon. Terry L. Myers, IDAHO BUSINESS LAW TOPIC, Nondischargeability, OPINION AUTHOR, Right to Jury Trial, SUMMARY AUTHOR
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A Bankruptcy Court May Hear and Submit Proposed Findings of Fact and Conclusions of Law to the District Court Regarding a “Core” Matter Even if the Constitution Requires an Article III Judge to Finally Decide It
Case: JustMed, Inc. v. Byce, No. 1:11-CV-00378-BLW Court: United States District Court for the District of Idaho Date Issued: December 14, 2011 Judge: B. Lynn Winmill, Chief Judge, United States District Court Issue: When a Bankruptcy Court is faced with … Continue reading
Posted in BANKRUPTCY, Brian Schlect, Court's Authority, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, SUMMARY AUTHOR, Withdrawal of Reference
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A Bankruptcy Court has Constitutional Authority to Determine the Nondischargeability of a Creditor’s State Law Claim
Case: JustMed, Inc. v. Byce, No. 1:11-CV-00378-BLW Court: United States District Court for the District of Idaho Date Issued: December 14, 2011 Judge: B. Lynn Winmill, Chief Judge, United States District Court Issue: Under Stern v. Marshall, must the District … Continue reading
Posted in BANKRUPTCY, Brian Schlect, Court's Authority, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, SUMMARY AUTHOR, Withdrawal of Reference
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A Bankruptcy Court Has Constitutional Power to Enter Final Judgment on a Fraudulent Conveyance Claim Against a Creditor Who Filed a Proof of Claim
Case: In re Bujak, Bankruptcy Case No. 10-03569-JDP Gugino v. Canyon County, Adversary Proc. No. 11-6038-JDP Court: United States Bankruptcy Court, District of Idaho Date Issued: November 3, 2011 Judge: Jim D. Pappas, United States Bankruptcy Court Issue: Under Stern … Continue reading
Posted in BANKRUPTCY, Brian Schlect, Court's Authority, Fraudulent Conveyance, Hon. Jim D. Pappas, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, SUMMARY AUTHOR
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