Search for: "Power v. Bankruptcy Court"
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19 Jun 2014, 9:19 am
This case presented two questions regarding the power of bankruptcy courts: One, does Article III of the Constitution permit bankruptcy courts to exercise the judicial power of the United States on the basis of litigant consent--and if so, can consent be implied by litigant conduct? [read post]
19 Jun 2014, 9:19 am
This case presented two questions regarding the power of bankruptcy courts: One, does Article III of the Constitution permit bankruptcy courts to exercise the judicial power of the United States on the basis of litigant consent--and if so, can consent be implied by litigant conduct? [read post]
23 Jun 2011, 8:34 am
But for bankruptcy lawyers, and for the specialized courts in which they ply their craft, the decision was as momentous a constitutional ruling on those courts’ authority as was the Justices’ decision in the 1982 case of Northern Pipeline Construction v. [read post]
14 Jan 2014, 11:53 am
That impression was consistent with the Court’s most recent major decision on bankruptcy court authority, the 2011 decision in Stern v. [read post]
13 Jan 2015, 6:56 pm
But what is worse than the rulings narrowing the bankruptcy power is the delphic nature of the Court’s pronouncements. [read post]
28 Jun 2011, 2:56 pm
Bankruptcy courts are given the power to issue final judgments in all “core proceedings” arising under the Bankruptcy Code, or arising in a case under the Bankruptcy Code. [read post]
26 Jan 2011, 5:38 pm
Stern v. [read post]
13 Dec 2017, 7:44 am
Wolff; Donald V. [read post]
11 Jul 2022, 5:01 am
Katz (2006), which authorized suits under Congress’s bankruptcy power, and PennEast Pipeline Co. v. [read post]
14 Jan 2015, 7:57 pm
"Supreme Court Weighs Power of Bankruptcy Judges": Sara Randazzo has this post at WSJ.com's "Law Blog. [read post]
5 Mar 2014, 7:48 am
But does the decision otherwise weaken a bankruptcy court’s powers under Section 105(a) and its inherent powers? [read post]
7 Aug 2013, 5:52 pm
So the power of the bankruptcy trumped the FAA's policy favoring arbitration. [read post]
15 Jul 2014, 6:53 am
SIPC v. [read post]
3 Feb 2022, 9:30 pm
This Article concludes with a brief commentary on the Supreme Court’s January 2021 decision in City of Chicago v. [read post]
10 Apr 2013, 10:00 am
Indeed, this conception has probably been the most common understanding for almost a century.That may have been the framers intentions, and it works well in explaining the recent past, particularly since the New Deal, but struggles as an explanation once we remember that Congress only rarely exercised its powers under the Bankruptcy Clause for almost a century after the Nation’s founding.It also neglects the understanding of the Bankruptcy Clause that developed… [read post]
15 Apr 2022, 12:11 pm
Trustee Program under congressional power “[t]o constitute Tribunals inferior to the supreme Court,” reasoning that a statute designed to enhance the efficiency of the bankruptcy courts falls well within that power. [read post]
30 Mar 2022, 11:08 am
The US Supreme Court Tuesday heard oral arguments in Torres v. [read post]
20 May 2020, 5:29 am
First, was the power to enact bankruptcy laws vested exclusively in Congress by the Constitution? [read post]
15 Mar 2013, 9:21 am
Next week the Court will hear oral arguments in its only bankruptcy case of the year, Bullock v. [read post]
19 Feb 2013, 2:23 pm
May a lump sum monetary award from equitable distribution in a Virginia divorce be enforced through the court’s contempt powers? [read post]
