Questions Left Unanswered In High Court's Arkison Ruling

Law360, New York (June 09, 2014, 9:57 PM ET) -- In an anxiously awaited opinion addressing an issue created by its 2011 decision in Stern v. Marshall, 564 U.S. ___ (2011), the U.S. Supreme Court has closed the so-called “statutory gap” by recognizing the authority of a bankruptcy court to issue proposed findings of fact and conclusions of law, subject to de novo review by the district court, on claims that are beyond its final adjudicative authority under Article III of the Constitution.

Following the practice — although not necessarily the reasoning — of many lower...
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