‘Stern’ Disputes Invoke a Circuit Court’s General Jurisdiction Under 28 U.S.C. § 1291

In a nonprecedential opinion, the Ninth Circuit identified one of the finer points of an appeals court’s jurisdiction over a noncore dispute falling under the ambit of Stern v. Marshall, 564 U.S. 462 (2011). The Ninth Circuit said it was “visiting an old friend,” because the case involved the deceased Anna Nicole Smith, her similarly deceased husband, J. Howard Marshall II, and E. Pierce Marshall, J. Howard’s son. You guessed it! They are the litigants whose disputes resulted in the Stern decision defining constitutional limits on a bankruptcy court’s power to enter final orders. Long after the Supreme Court ruled in Stern, Anna Nicole’s estate appealed the denial of a motion in district court for relief from a judgment under Rule 60(b)(5)-(6) of the Federal Rules of Civil Procedure. The district court ruled that it did not have jurisdiction for several reasons. The Ninth Circuit reversed.

If you filed a chapter 7 bankruptcy, look into filling IRS form 982 When you…

BEWARE OF USING MONEY FROM YOUR IRA OR 401(K) TO PAY DEBTS This can be…

How to Spot Student Loan Scams. Things you can do to protect yourself. “Enroll now…