Tag Archives: Marshall

Delaware Bankruptcy Court Amends Standing Order of Reference

In an apparent response to the Supreme Court’s decision in Stern v. Marshal, 131 S. Ct. 2594, 180 L. Ed. 2d 475 (2011), on February 29, 2012 the United States District Court for the District of Delaware issued an Amended Standing Order of Reference stating that if a bankruptcy judge or district judge determines that entry of a final order or judgment by a bankruptcy judge would not be consistent with Article II of the United States Constitution, and determined to be a core matter, the bankruptcy judge shall hear the proceeding and submit findings of fact and conclusions of […]

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Madoff Trustee Says Defendants ‘Eviscerate’ Court, ‘Pervert’ Law

The liquidator of Bernard Madoff’s firm said people and companies he has sued in 247 actions are “eviscerating” the bankruptcy court and “perverting” the law by rushing to find new judges for their cases. Defendants in lawsuits by trustee Irving Picard including JPMorgan Chase & Co. (JPM) and the New York Mets owners have asked district judges to decide whether Picard has a right to sue them, and for how much. They seek an “escape hatch” from bankruptcy court, which Congress intended to handle such cases as clawbacks of money withdrawn from a Ponzi scheme, the trustee said yesterday. Picard […]

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