U.S. Constitution’s Bankruptcy Clause: On A Roll!
We all know about bankruptcy travails, at the U.S. Supreme Court, when the U.S. Constitution’s Bankruptcy Clause is pitted against the Constitution’s Article III provisions on “judicial Power”: the Bankruptcy Clause loses (see, e.g., Northern Pipeline in 1982, Granfinanciera in 1989, and Stern v. Marshall in 2011).
But even that string of losses starts to turn in a positive direction (in 2014 and 2015) with:
Executive Benefits v. Arkison in 2014 (a bankruptcy court opinion is legitimized by an Article III court’s de novo review on appeal); and
Wellness International v. Sharif in 2015 (bankruptcy courts can decide Stern disputes by consent of the parties).
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Mediatbankry by Donald L Swanson. Published June 14, 2022.