Journal Title
Brooklyn Law Review
Volume
90
Issue
3
First Page
737
Document Type
Article
Publication Information
2025
Abstract
The bankruptcy court is the face of the federal judiciary to much of the American public. Almost as many cases are filed in bankruptcy courts every year as are filed in the federal district courts and circuit courts combined. And in each bankruptcy case, there are often dozens or more affected parties. As such, it is critical that the public has confidence in the role of the bankruptcy court and its judges. Yet, since the creation of the Bankruptcy Code in 1978, the non-Article III bankruptcy system has faced seemingly never-ending challenges to subject matter jurisdiction in the bankruptcy context and to the scope of the authority of bankruptcy judges: Northern Pipeline, Granfinanciera, Stern, and, most recently, Purdue—to name a few Supreme Court examples. When a bankruptcy judge's authority is uncertain, the bankruptcy court's credibility in the eyes of the public can be harmed-and, by extension, the credibility of the federal judiciary. Today, as the federal judiciary is seen in many corners-rightly or wrongly-as having fallen into reputational disrepair over high-level ethics dilemmas and perceived political partisanship, it is of paramount importance to ensure that the bankruptcy court is a port in a storm, where rulings affecting debtors are reliable, orders can be effectively enforced, and justice can be swiftly and fairly administered.
Recommended Citation
Abigail B. Willie, Do Bankruptcy Judges Belong in Chambers? Rethinking Inherent Civil Contempt Power in Bankruptcy, 90 Brook. L. Rev. 737 (2025).