January 24, 2011
On January 18, 2011, the Supreme Court heard oral argument in Stern v. Marshall. When a creditor files a claim in bankruptcy court, the debtor is sometimes required to file any counterclaim she may have or lose the right to assert that claim later or in another court. The question in this case is whether the bankruptcy judge can conclusively resolve such compulsory counterclaims.
To discuss the case, we have Professor Todd J. Zywicki, who is the George Mason University Foundation Professor of Law.