In 'Vicars,' 7th Circuit limits 'escape hatch' to district court to cases in which nonbankruptcy federal law must be interpreted
Article Abstract:
One of the concerns in the US Court of Appeals for the 7th Circuit case of In re Vicars Insurance Agency, Inc. and In re E&S Facilities, Inc., was the power of bankruptcy judges to adjudicate matters which would ordinarily be left to Article III judges. This is encoded in 28 USC 157 (d), which concerns the requirement that the district court withdraw the reference and reassume primary authority over a matter the bankruptcy court would otherwise adjudicate if both bankrupcy and other federal laws regulating interstate commerce are involved. Vicars affirmed the trial court's motion for mandatory withdrawal of the reference. Earlier case law on this issue is unclear.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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The 3d Circuit, in a ruling involving Marvel, has clarified when a conflict of interest can disqualify an attorney from a case
Article Abstract:
The United States Court of Appeals for the 3d Circuit used In re Marvel Entertainment Group, Inc to clarify the the guidelines governing when a conflict of interest disqualifies an attorney from a case. Attorneys with an actual conflict of interest must be disqualified, but the court may not disqualify those attorneys with only the appearance of a conflict and has discretion to disqualify those with a potential conflict. Courts analyzing such conflicts of interest in an attorney for a debtor's estate should first examine the Bankruptcy Code and the bankruptcy rules.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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