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Bankruptcy

Feb. 27, 2014

Justices consider bankruptcy tale of 'Lili Lin of China'

The bankruptcy court needs workable mechanisms to enforce the underlying spirit of the bankruptcy code. By Steven Gubner and Michael Davis


By Steven Gubner and Michael Davis


To bankruptcy practitioners, it was probably something of a shock that last year the Supreme Court granted certiorari in two bankruptcy cases. In Executive Benefits Insurance Agency v. Arkison, 12-1200, the Supreme Court is expected to revisit, clarify, or modify altogether its holding in Stern v. Marshall, 131 S.Ct. 2594 (2011), which called into question the constitutionality of the bankruptcy courts' long-pe...

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