Benjamin Feder

Benjamin Feder

Kelley Drye & Warren LLP

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Square Peg / Round Hole – The Supreme Court and the Constitutional Authority of U.S. Bankruptcy Courts

The judicial power of the United States is vested in courts created under Article III of the Constitution. However, Congress created the current bankruptcy court system over 40 years ago pursuant to Article I of the...more

9/11/2018  /  Article I , Article III , Bankruptcy Court , Constitutional Challenges , Lack of Authority

Wellness International Oral Argument: Supreme Court Justices Grapple With Implications of Narrowing Bankruptcy Court Powers

There were nearly a million bankruptcy cases filed by individuals and businesses in 2014. It is safe to say that only the tiniest fraction of such debtors have any familiarity with the Supreme Court’s decision in Stern v....more

1/26/2015  /  Article I , Article III , Bankruptcy Court , Judicial Authority , SCOTUS , Stern v Marshall , Waivers , Wellness International Network v Sharif
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