Supports the Authority of U.S. Bankruptcy Judges
RESOLUTION
RESOLVED, That the American Bar Association supports the position that United States Bankruptcy Judges have the authority: (1) upon the express consent of all the parties to the proceeding, to hear, determine, and enter final orders and judgments in those proceedings that, while they may be among those designated as “core” within the meaning of 28 U.S.C. § 157(b), may not otherwise be heard and determined by a non-Article III tribunal absent the parties’ consent, as being consistent with and not violative of Article III of the United States Constitution, and (2) to determine in the appropriate case and in the first instance whether such consent is necessary, as a matter of law, in order for the courts to render a final determination on the matter or matters in question.
DELETIONS STRUCK THROUGH; ADDITIONS UNDERLINED
RESOLUTION
RESOLVED, That the American Bar Association supports the position that United States Bankruptcy Judges have the authority: (1) upon the express consent of all the parties to the proceeding, to hear, determine, and enter final orders and judgments in those proceedings that, while they may be among those designated as “core” within the meaning of 28 U.S.C. § 157(b), may not otherwise be heard and determined by a non-Article III tribunal absent the parties’ consent, as being consistent with and not violative of Article III of the United States Constitution, and (2) to determine in the appropriate case and in the first instance whether such consent is necessary, as a matter of law, in order for the courts to render a final determination on the matter or matters in question.
DELETIONS STRUCK THROUGH; ADDITIONS UNDERLINED
