14 January 2015

Latest on Bankruptcy Court Jurisdiction

As usual, the Wall Street Journal has a nice, very brief summary of the issues and argument in a case heard today by the Supreme Court, Wellness International Network v. Sharif. You can read it here.

I suspect the Court will again dodge the fundamental issue of the reach of bankruptcy court jurisdiction. The Court will be hard-pressed to create more uncertainty because, in addition to bankruptcy judges, that would undermine the powers of United States Magistrates. Thus, I'm betting the Court will find that the litigants now before the court voluntarily submitted their case to the bankruptcy court for resolution and can't complain it didn't have the power to enter a decision after the fact.

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