Section 2.4 Marathon Case

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

3. (§2.4) Marathon Case

Considerable debate occurred in Congress over whether the jurisdiction provisions of the Bankruptcy Reform Act violated the separation of powers under the Constitution by allowing the executive and legislative branches to appoint and otherwise influence judges who could hear and determine issues properly reserved for the judicial branch. Congress attempted to avoid this problem by “granting” jurisdiction to district courts, declaring bankruptcy courts to be “adjuncts” of the...