Bankruptcy and the U.S. Supreme Court: An Insider’s View of 2014 Decisions

The U.S. Supreme Court will decide three bankruptcy cases this term: (1) Executive Benefits Insurance Agency v. Arkison, which addresses the constitutionality of the district court referral system for bankruptcy cases and consent to jurisdiction where separation of powers is at issue; (2) Clark v. Rameker, which involves the availability of exemptions for inherited IRAs; and (3) Law v. Siegel, which deals with a bankruptcy court’s authority under § 105 to surcharge exemptions. In each of these cases, either the parties are represented by First Circuit practitioners and law firms, or the underlying circuit splits involve precedents from the First Circuit. This panel will offer an insider’s view of the issues and outcomes.