Insurer: U.S. High Court Must Vacate; Bankruptcy Courts Lack Judicial Power

Insurer: U.S. High Court Must Vacate; Bankruptcy Courts Lack Judicial Power

WASHINGTON, D.C. - In a brief made available on Sept. 16, the Executive Benefits Insurance Agency (EBIA) argues that the U.S. Supreme Court should vacate a ruling by the Ninth Circuit U.S. Court of Appeals because Article III of the U.S. Constitution does not permit the exercise of the judicial power of the United States by bankruptcy courts on the basis of litigant consent. Moreover, a bankruptcy court may not submit proposed findings of fact and conclusions of law for de novo review by a district court in a "core" proceeding under 28 U.S. Code Section 157(b), EBIA says (Executive Benefits Insurance Agency v. Arkinson, No. 12-1200, Chapter 7, U.S. Sup.).

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