Category Archives: Federal Rules of Bankruptcy Procedure

Recent Amendments to the Federal Rules of Bankruptcy Procedure, Effective December 1, 2016

Recent bankruptcy rule amendments, effective December 1, 2016, address the continuing impact of the Stern v. Marshall case on bankruptcy proceedings. In Stern v. Marshall, 564 U.S. 462 (2011), the United States Supreme Court held that a bankruptcy court, as a non-Article III court (i.e. courts without full judicial independence) lacked constitutional authority under Article III of the United States Constitution to enter a final judgment on a state law counterclaim that is not resolved in the process of ruling on a creditor’s proof of claim, even though Congress purported to grant such statutory authority under 28 U.S.C. § 157(b)2(C).

Also posted in Bankruptcy, Federal Rules of Civil Procedure, Stern v Marshall | Comments Off on Recent Amendments to the Federal Rules of Bankruptcy Procedure, Effective December 1, 2016
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