U.S. Supreme Court,
Bankruptcy
Feb. 13, 2013
Circuit split over parties' expanding a bankruptcy court's power
Is it permissible for the parties to consent to allowing a bankruptcy court to issue a final judgment that it otherwise would not have the power to enter?
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
There is now a split among the circuits and the need for the Supreme Court to decide an issue that affects litigants across the country every day: Is it permissible for the parties to consent to allowing a bankruptcy court to issue a final judgment that it otherwise would not have the power to enter? From a practical perspective, few Supreme Court cases engender as much litigation and as much confusion in the lower courts as Stern v. Marshall, 131 S. Ct. 2594 (2011). In Stern
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