Starting from the case of Murray’s Lessee v. Hoboken Land & Improvement Co., 59 U.S. (18 How.) 272 (1855), this article looks at the roots of the recent decision in Stern v. Marshall, 131 S. Ct. 2594 (2011). In Murray’s Lessee, the U.S.
Summary:
The complaint and anser both failed, in contravention of Rules 7008(a) and 7012(b), to state whether the proceeding was core or non-core, and if non-core, where the parties consented to the bankruptcy court entering final orders or judgments. The Court held that, in light of Stern v. Marshall, 564 U.S. ___, 131 S.Ct.