Jeffrey Reisner Quoted on Wellness v. Sharif Ruling in Law360Print PDF
Jeffrey Reisner discussed the significance of the Supreme Court decision in Wellness v. Sharif in Law360 on May 26:
“The ruling announced today is not as broad as one may first believe. In essence, the Supreme Court did no more than allow the decision by bankruptcy judges of so called Stern claims when consent is provided either overtly or through waiver. Importantly, the court did not limit the scope of Stern claims, declining to rule on whether an action based on state law whose effect is to augment a bankruptcy estate may be adjudicated by the bankruptcy court. This ruling will result in much discussion about whether consent may be implied from the facts of particular cases.”
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