[CLBS] Mind blown here, curious what you think

Aaron Tolson ajt at aaronjtolsonlaw.com
Mon Dec 21 17:51:53 MST 2020


Stern v. Marshall said Congress cannot constitutionally authorize
non-Article III bankruptcy judges 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.

But what about if an Article 3 District Judge also serves as a bankruptcy
Judge, as is the case in some places.  It would seem to me that in that
case they could enter a final judgment.

-- 
Aaron J. Tolson
2677 E. 17th St. #300
Ammon, ID. 83406
208-228-5221

This a privileged communication.  Please advise if you received it in error.


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