HHR Bankruptcy Report

Category Archives: Article III

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SCOTUS Holds That Bankruptcy Courts Have Jurisdiction In Stern Claims

Posted in Article III, SCOTUS, Stern v. Marshall
In Wellness International Network v. Sharif, the Supreme Court recently weighed in again on the scope of a bankruptcy court’s jurisdiction, holding in a 6-3 opinion that Article III authorizes bankruptcy judges to exercise judicial power over Stern claims (claims that challenge a bankruptcy court’s power to enter final judgment on a case) when the… Continue Reading

Relying on Stern v. Marshall, Supreme Court Upholds Ninth Circuit Decision

Posted in Article III, Ninth Circuit, SCOTUS, Stern v. Marshall
In a unanimous opinion written by Justice Clarence Thomas, the Supreme Court today upheld a Ninth Circuit decision allowing a bankruptcy court to issue proposed findings of fact and conclusions of law on issues outside their constitutional jurisdiction for de novo review by the district court.  As previously reported here, the Supreme Court was presented… Continue Reading

Supreme Court Hears Oral Arguments in Executive Benefits Case Testing the Scope of Stern

Posted in Article III, Ninth Circuit, SCOTUS
On January 14, 2014, the Supreme Court heard oral arguments in Executive Benefits Insurance Agency v. Arkison, which revisits the issue of constitutional limits on federal bankruptcy judges’ power that the Supreme Court addressed two years ago in Stern v. Marshall.  The petition for certiorari challenged a Ninth Circuit decision and presented two questions to… Continue Reading