The case formerly known as Marshall vs Marshall is set to be heard by the Supreme Court of the United States on January 18th, 2011.

I have not really followed this case because it’s so complicated but I think I have the nuts and bolts of it. The question I believe is, should the probate court handling an estate have the final say so in estate disputes or should a person be able to go to another state and file bankruptcy and have the bankruptcy court decide the issues?

Stern says the bankruptcy court in California should be the “core proceeding” and the sum of money that was awarded should stand.

Definition of “core proceeding”: A proceeding in a bankruptcy case that involves the adjudication of rights created by the Code, or concerns issues that could only arise in a bankruptcy case.

Well, the dispute originated in probate court and not the bankruptcy court.

Marshall says the Texas probate court should have final say and Anna Nicole Smith’s heir should take nothing.

Is anyone ready for their last will and testament disputes to be decided at who-knows-where-friendly-forum by a bankruptcy judge?  I’m not.

Thanks to several sources for a few informative articles on the subject.

http://washingtonexaminer.com/blogs/opinion-zone/2011/01/anna-nicole-smith-and-forum-shopping

• Anna Nicole Smith and the art of Forum-Shopping.

http://www.washingtontimes.com/news/2011/jan/6/scotus-takes-on-anna-nicole-smith-high-court-shoul/

• High court should halt hijacking of cases by distant judges

http://westlawnews.thomson.com/Bankruptcy…

• Battle continues in Supreme Court over Anna Nicole Smith’s inheritance

Tagged as: forum shopping, Stern vs Marshall