The Supreme Court Confirms that Bankruptcy Courts Can Issue Proposed Findings of Fact and Conclusions of Law in Stern-Type Disputes

11 June 2014
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  • Bankruptcy Courts may enter proposed findings of fact and conclusions of law in a case even if, under Stern v. Marshall, they could not issue final judgments.
  • However, questions remain open as to whether parties can consent to a final decision by a Bankruptcy Court if that court could not otherwise issue a final decision under Stern v. Marshall.
  • Similarly, questions remain open as to the scope of a Bankruptcy Court's authority in cases where parties make jury trial demands.