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Expert Analysis

The Ongoing Analysis Of Stern, Arkison And Their Progeny

Law360, New York ( June 20, 2014, 10:50 AM EDT) -- The U.S. Supreme Court recently issued its hotly anticipated decision in Executive Benefits Insurance Agency v. Arkison. Since Stern v. Marshall, issues of bankruptcy courts' constitutional authority have been debated up and down court systems throughout the country, and have, in one court's colorful words, generated a "nationwide constipation of case-processing delays." Although the Supreme Court's decision in Arkison ends the discussion on one of these issues, many questions remain....

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