In TheStern V

question 41

Multiple Choice

In theStern v.Marshall case discussed in the text,the U.S.Supreme Court addressed whether a counterclaim for tortuous interference with an expected gift,filed in response to a bankruptcy claim for defamation,was a core matter subject to the jurisdiction of the bankruptcy court.And if it was a core matter subject,did the authority conferred upon the bankruptcy court violate Article III of the U.S.Constitution? How did the Court rule?

• A) The Court ruled that the tortuous interference counterclaim was a core proceeding but that the bankruptcy court lacked the constitutional authority to enter a final judgment on the claim.
• B) The Court ruled that the tortuous interference counterclaim was a core proceeding and that the bankruptcy court had the constitutional authority to enter a final judgment on the claim.
• C) The Court ruled that the tortuous interference counterclaim was not a core proceeding and that the bankruptcy court lacked the constitutional authority to enter a final judgment on the claim.
• D) The Court ruled that the tortuous interference counterclaim was a core proceeding in part and that the bankruptcy court had the constitutional authority to enter a final judgment on portions of the claim.

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