On January 14, 2014, the Supreme Court heard oral argument in Executive Benefits Insurance Agency v. Arkison. This case presents two questions regarding the power of bankruptcy courts: One, does Article III of the Constitution permit bankruptcy courts to exercise the judicial power of the United States on the basis of litigant consent--and if so, can consent be implied by litigant conduct? The second question is whether a bankruptcy judge may submit proposed findings of fact and conclusions of law for de novo review by a district court in a “core” proceeding.

To discuss the case, we have Thomas Plank, who is the Joel A. Katz Distinguished Professor of Law at the University of Tennessee College of Law.

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