ABA Backs Bankruptcy Court's Authority In Wake Of Stern

Law360, New York (February 11, 2013, 7:18 PM EST) -- The American Bar Association adopted a resolution Monday supporting the position that bankruptcy judges can, in certain circumstances, adjudicate so-called core proceedings that go beyond a court's constitutional authority, in a response to confusion over the U.S. Supreme Court's landmark Stern v. Marshall decision.

The ABA adopted the resolution at its annual midyear meeting in Dallas. The resolution says that bankruptcy judges should be allowed to rule on matters in a “core” proceeding even if the matters underlying the proceeding are beyond the court's constitutional authority,...
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