In re Bellingham Insurance Agency: To “Protect” the Article III Jurisdiction of the District Courts, the Supreme Court May Radically Alter the Bankruptcy System (and Toss Out the Federal Magistrate System To Boot)

    View Author May 2014

    By Squire Sanders partner Stephen D. Lerner and senior associate Colter Paulson, this article discusses In re Bellingham Insurance Agency, currently before the US Supreme Court. The highly anticipated decision has the potential to undermine the constitutional foundations of bankruptcy courts and prevent them from hearing certain non-core matters even where the parties consent. Such a decision would also threaten the jurisdiction of magistrate judges, which are appointed under a similar statutory framework.

    This article appears in the May 2014 edition of the Cincinnati Bar Association Report and is posted with permission of the publisher.