Delaware Bankruptcy Court Amends Standing Order of Reference

In an apparent response to the Supreme Court’s decision in Stern v. Marshal, 131 S. Ct. 2594, 180 L. Ed. 2d 475 (2011), on February 29, 2012 the United States District Court for the District of Delaware issued an Amended Standing Order of Reference stating that if a bankruptcy judge or district judge determines that entry of a final order or judgment by a bankruptcy judge would not be consistent with Article II of the United States Constitution, and determined to be a core matter, the bankruptcy judge shall hear the proceeding and submit findings of fact and conclusions of law to the district court.  A copy of the amended order may be found here.  The prior standing order of reference for the District of Delaware can be found here for comparison.

The amended standing order of reference is identical to the one entered by the United States District Court for the Southern District of New York on January 31, 2012, a copy of which may be found here.

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