Timothy P. Duggan, Shareholder and Chair of Stark & Stark’s Bankruptcy & Creditor’s Rights Group, authored the article, Bankruptcy Law: Shopping for a Chapter 11 Forum, published on February 4, 2013 in the New Jersey Law Journal.
The article discusses the issues confronting bankruptcy litigators seeking to get their case into the most favorable court, as the United States Supreme Court has been scaling back the types of issues that can be decided by a bankruptcy court.
In the article, Mr. Duggan explains that while “bankruptcy courts do not have the jurisdiction to enter final judgment on core claims involving state law issues, district courts are exercising their discretion and allowing bankruptcy courts to manage discovery and keep cases up to trial.” He goes on to say that “state court claims which may give rise to claims that only arise in bankruptcy cases (i.e. bankruptcy stay violations) do not trump the strong deference directed to enforcing arbitration clauses under the FAA.”
To read the full article, click here.