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Tuesday, May 26, 2015

Ind. Decisions - SCOTUS reverses 7th Circuit opinion on authority of bankruptcy judges

The SCOTUS today, 6-3, reversed the 7th Circuit decision in Wellness International v. Sharif. Here is the SCOTUSblog case page.

The ILB had posts on the case Jan. 14th and a longer one Jan. 15th.

As Patrick Fitzgerald reported in the $$$ WSJ late this morning:

The ruling clarifies the role of some 1,000 judges in the federal court system, a group whose constitutional authority has come into question since a 2011 high-court decision involving the late Playboy playmate Anna Nicole Smith.

Bankruptcy-court judges have worked under a cloud of uncertainty since a 2011 Supreme Court decision that found bankruptcy judges only have the authority to offer a final ruling on a dispute that “stems from the bankruptcy itself”---a phrase whose definition has become cause for much debate. Other issues, the court ruled, must be decided by the district court.

Posted by Marcia Oddi on May 26, 2015 12:54 PM
Posted to Ind. (7th Cir.) Decisions