• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Harvard Law School Bankruptcy Roundtable

Harvard Law School Bankruptcy Roundtable

  • Blog
  • About Us
  • Coverage-in-Depth
    • Crypto-Bankruptcy
    • Purdue Pharma Bankruptcy
    • Texas Two-Step and the Future of Mass Tort Bankruptcy
  • Subscribe
  • Show Search
Hide Search

Fourth Circuit Holds that Bankruptcy Courts are not Limited by “Case and Controversy” Requirement of Article III


Editor’s Note: This is the Harvard Law School Bankruptcy Roundtable’s last scheduled post for the summer of 2024.  The BRT intends to resume posting around mid-September.  The BRT wishes all its readers an enjoyable remainder of the summer!


By Judge Robert D. Drain and Angeline J. Hwang (Skadden, Arps, Slate, Meagher & Flom LLP)

Judge Robert D. Drain and Angeline J. Hwang

The U.S. Supreme Court has on occasion distinguished the bankruptcy courts’ power derived from Article I of the U.S. Constitution from the judicial power under Article III of the Constitution. The best known of these cases, such as Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982), and Stern v. Marshall, 564 U.S. 462 (2011), have recognized constitutional limitations on the power of bankruptcy courts.  However, appellate courts have also suggested that specific constraints on Article III courts do not apply to bankruptcy courts.  Some recent examples include the Fifth Circuit’s decision in In re Highland Capital, 57 F.4th 494 (5th Cir. 2023), regarding standing (stating that bankruptcy courts “are not presumptively bound by traditional rules of judicial standing” (citing to In re Coho, 395 F.3d 198, at 202 (5th Cir. 2004)) and applying  a “person aggrieved” standard rather than Article III’s “case or controversy” standard), and remarks made during the recent oral argument held on March 19, 2024, in front of the U.S. Supreme Court in Truck Insurance Exchange v. Kaiser Gypsum Company, Inc. (In re Kaiser Gypsum Company, Inc.), No. 22-1079, during which certain Justices seemed reluctant to apply the “case or controversy” limitation on standing under Article III to limit the petitioner’s broader request for standing under 11 U.S.C. § 1109. 

This article discusses another such example, Kiviti v. Bhatt, 80 F.4th 520 (4th Cir. 2023), in which the Fourth Circuit found that the “case or controversy” requirement under Article III did not limit Article I bankruptcy courts’ exercise of jurisdiction with respect to a mootness argument, implicitly highlighting the potential exceptional reach of the bankruptcy power under Article I. 

Kiviti and similar cases also raise questions whether and how bankruptcy courts can use their inherent power to address legitimate concerns about standing, mootness, and sanctionable behavior by employing court-derived doctrines of prudential standing, equitable mootness, and the contempt power in the absence of constitutional or statutory authority (see, for example, the Second Circuit’s decision in In re Markus, 78 F.4th 554 (2nd Cir. 2023), addressing the inherent contempt power of bankruptcy courts). 

Click here to read the full article.

Written by:
Editor
Published on:
July 30, 2024
Thoughts:
No comments yet

Categories: Bankruptcy Administration and Jurisdiction, JurisprudenceTags: Angeline J. Hwang, Article I, Article III, Bankruptcy, Bankruptcy Courts, Chapter 11, Constitutional Distinction Between Article III Courts and Bankruptcy Courts, Constitutional Mootness, Judge Robert D. Drain, syndicated

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Categories

Recent Posts

  • Chapter 15 Case Demonstrates Its Effectiveness as an Expedient Judicial Solution for Singaporean Insolvencies in the United States May 13, 2025
  • Do Rights Offerings Reduce Bargaining Complexity in Chapter 11? May 6, 2025
  • Rockville Centre Case Offers a Framework for Settling Mass Tort Bankruptcy Claims Post-Purdue April 29, 2025

View by Subject Matter

363 sales Anthony Casey Bankruptcy Bankruptcy administration Bankruptcy Courts Bankruptcy Reform Chapter 11 Chapter 15 Claims Trading Cleary Gottlieb Comparative Law Corporate Governance COVID-19 cramdown David Skeel Derivatives DIP Financing Empirical FIBA Financial Crisis fraudulent transfer Jared A. Ellias Jevic Johnson & Johnson Jones Day Mark G. Douglas Mark Roe plan confirmation Priority Purdue Pharma Purdue Pharma bankruptcy restructuring Safe Harbors Schulte Roth & Zabel Sovereign Debt SPOE Stephen Lubben Structured Dismissals Supreme Court syndicated Texas Two-Step Trust Indenture Act Valuation Weil Gotshal Workouts

Footer

Harvard Law School Bankruptcy Roundtable

1563 Massachusetts Ave,
Cambridge, MA 02138
Accessibility | Digital Accessibility | Harvard Law School

Copyright © 2023 The President and Fellows of Harvard College

Copyright © 2025 · Navigation Pro on Genesis Framework · WordPress · Log in