The U.S. Supreme Court, in Executive Benefits Insurance Agency v. Arkinson, limited somewhat the ramifications of its landmark opinion two years ago in Stern v. Marshall. The Court in Executive Benefits could have thrown the entire federal bankruptcy court system into disarray by advancing Stern’s hard line view on the limited powers of Article I bankruptcy judges. Instead, it issued a simple and pragmatic decision that will have only minimal impact. However, by not addressing certain key questions, the Court ensured that uncertainty will continue to hover over issues pertaining to bankruptcy court jurisdiction.
Posted on: Tue, 17 Jun 2014 15:08:23 +0000
Trending Topics
Recently Viewed Topics
© 2015