Whither Bankruptcy Court Jurisdiction After Stern?
August 22, 2011, 12:25 PM EDT
Law360, New York (August 22, 2011, 12:25 PM EDT) -- In the wake of Northern Pipeline, Chief Justice Warren Burger led the opposition to giving bankruptcy judges Article III powers. Now, Chief Justice John Roberts’ opinion in Stern v. Marshall — striking down as unconstitutional Congress’ grant to bankruptcy courts in 28 U.S.C. §157(b)(2)(C) of jurisdiction to hear state-based counterclaims — must seem to bankruptcy judges as having added insult to injury.
The flurry of case activity and commentary that Stern has spawned in the weeks since it was decided demonstrates that it will have far-reaching...