Queens Bankruptcy Attorney Bruce Feinstein, Esq. Shares New Supreme Court Ruling Giving Bankruptcy Judges Power to Make Final Decisions

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After the Supreme Court ruling in Stern v. Marshall 4 years ago the authority of bankruptcy courts and judges were greatly reduced and left questions open regarding judge’s power. The recent Wellness International Network v. Sharif ruling answers one of them.

Queens Bankruptcy Attorney Bruce Feinstein, Esq.

Queens Bankruptcy Attorney Bruce Feinstein, Esq.

This decision effectively secures the power of the bankruptcy courts. Without it, having specialized bankruptcy courts would have minimal purpose.

In the May 26, 2015 SCOTUS decision (Wellness International Network v. Sharif - Docket No. 13-935) the Supreme Court ruled that Article I judges can make final decisions on matters that would otherwise require a ruling by an Article III judge so long as they have the consent of the parties.

“This is fantastic news. The ruling in Stern v. Marshall was so narrow that without this new ruling bankruptcy judges wouldn’t have been able to rule on issues as elemental to the bankruptcy process as what constitutes property of the estate,” says Queens bankruptcy attorney Bruce Feinstien, Esq. “This decision effectively secures the power of the bankruptcy courts. Without it, having specialized bankruptcy courts would have minimal purpose.”

Though this new ruling upholds the power of bankruptcy judges, it still leaves some questions unanswered with respect to bankruptcy court jurisdiction. Bankruptcy attorney Bruce Feinstein, Esq. recognizes this uncertainty.

“This ruling deals with cases in which both parties consent. In cases lacking that consent, the types of matters an Article I judge’s can adjudicate still needs to be determined,” says Feinstein.

The Law Offices of Bruce Feinstein, Esq. has nearly two decades of experience in bankruptcy law, helping clients and families resolve their issues and move forward with their lives. Visit bfeinsteinesq.com for more information or call (718) 514-9770 to reach the New York office.

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Bruce Feinstein
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