When Bankruptcy Courts Can’t Hear Bankruptcy Claims

This article was originally published in Bloomberg Law. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors’ opinions only. 

A bankruptcy judge in Delaware recently ruled the right to a jury trial and the scope of a bankruptcy court’s constitutional authority to enter a final judgment are distinct issues. This article explains how this decision and recent Supreme Court precedent have increased litigants’ confusion about where their fraudulent transfer cases belong.

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