Thursday, August 22, 2013

Stern v. Marshall analyzed by 7th Cir. - WELLNESS INTERNATIONAL NETWORK 8-21-13

Admittedly I have not fully reviewed nor analyzed the case but late yesterday I was advised of the new 7th Circuit case....check it out below:
We hold that a constitutional objection based on Stern is not waivable because it implicates
separationofpowers principles. 

We also hold that the bankruptcy judge lacked constitutional

authority to enter a final judgment on the alterego claim. In

contrast, we hold that the bankruptcy judge had constitutional

authority to enter final judgment on the first four counts of the

adversary complaint, each of which were objections to the

discharge of Sharif’s debts. Finally, we hold that the entry of

default judgment and awarding of fees were proper sanctions

under the circumstances, though we remand for a recalculation

of fees.

Wellness International

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