Tuesday, July 1, 2014

Supreme Court Grants Cert in the next Stern v. Marshall issue - July 1, 2014 - Wellness International Network, Limited, et al., Petitioners Case No. 13-935

On July 1, 2014, the Supreme Court granted Cert limiting Cert to Questions 1 and 3 as indicated in the petition.  Questions 1 and 3 are as follows:

1. Whether the presence of a subsidiary state property law issue in a 11 U.S.C. § 541 action brought against a debtor to determine whether property in the debtor’s possession is property of the bankruptcy estate means that such action does not  "stem[] from the bankruptcy itself” and therefore, that a bankruptcy court does not have the
constitutional authority to enter a final order deciding that action.


2.  Whether Article III permits the bankruptcy courts to exercise the judicial power of the United States over claims against a debtor where the debtor has consented to the exercise of such judicial power by voluntarily filing for bankruptcy relief.


3.  Whether Article III permits the exercise of the judicial power of the United States by the bankruptcy courts on the basis of litigant consent, and if so, whether implied consent based on a litigant’s conduct is sufficient to satisfy Article III.


Whether bankruptcy courts have the statutory authority to submit proposed findings of
fact and conclusions of law for de novo review by a district court in a "core" proceeding under 28 USC 157(b).


Jul 1 2014Petition GRANTED limited to Questions 1 and 3 presented by the petition.

7-1-14 - Cert Granted

See Prior Blog on Case - Wellness Blog 2013

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