February 15, 2012 Articles

A Survey of Cases Interpreting the Stern Decision

This article is the first in a multipart series that will provide an overview of trends in how courts are interpreting Stern v. Marshall.

By Omar J. Alaniz

This article is the first in a multipart series that will provide an overview of trends in how courts are interpreting Stern v. Marshall.

Judge Laurel M. Isicoff put it best when she stated, “Since its release, a maelstrom of opinions and articles have been written about the scope of Stern, ranging from ‘much ado about nothing’ to ‘the end of the bankruptcy world as we know it.’” BankUnited Fin. Corp. v. Fed. Dep. Ins. Corp. (In re BankUnited Fin. Corp.), Adv. No. 10-02872-BKC-LMI, 2011 Bankr LEXIS 4531 (Bankr. S.D. Fla. Nov. 22, 2011).

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