Legal Opinion
Burtch v. Huston (In Re USDigital, Inc.)
United States Bankruptcy Court, D. Delaware
Decided December 20, 2011No. 19-10516PublishedCited by 26 opinions
1Opinion of the Court
OPINION
CHRISTOPHER S. SONTCHI, Bankruptcy Judge.
INTRODUCTION
The issue before this Court involves the Supreme Court’s recent opinion in Stern v. Marshall. 1 Before turning to the merits of this case, however, the Court will set the table by offering its general observations as to the holding in Stern, its limits and its import.
1. Stern in no way limits the bounds of a bankruptcy court’s subject matter jurisdiction. 2 At the very least the bankruptcy court must have “related to” jurisdiction. 3
2. Stern does not affect the statutory distinction between core and non-core proceedings set forth in…
2Cases cited26 opinions
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Stern v. MarshallSupreme Court of the United States · 2011
- Pepper v. LittonSupreme Court of the United States · 1939
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
21 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Burtch v. Seaport Capital, LLC (In re Direct Response Media, Inc.)United States Bankruptcy Court, D. Delaware · 2012
- KHI Liquidation Trust v. Wisenbaker Builder Services, Inc. (In re Kimball Hill, Inc.)United States Bankruptcy Court, N.D. Illinois · 2012
- Burns v. Dennis (In Re Southeastern Materials, Inc.)United States Bankruptcy Court, M.D. North Carolina · 2012
- Official Committee of Unsecured Creditors of Appalachian Fuels, LLC v. Energy Coal Resources, Inc. (In re Appalachian Fuels, LLC)District Court, E.D. Kentucky · 2012
- Zazzali v. 1031 Exchange Group (In Re DBSI, Inc.)United States Bankruptcy Court, D. Delaware · 2012
21 more not listed; retrieve them via the Exa API.