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 theconstitutional 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 2014||Petition GRANTED limited to Questions 1 and 3 presented by the petition.|
7-1-14 - Cert Granted
See Prior Blog on Case - Wellness Blog 2013