Much has been written about the impact ofStern v. Marshall on bankruptcy practice, including an article in this very publication discussing recent Delaware Bankruptcy Court decisions interpreting the ruling inStern narrowly. (See the Jan. 18 issue.)
One practical consequence ofStern not widely discussed is that bankruptcy courts, including the Delaware Bankruptcy Court, now focus explicitly on their authority to issue final orders in bankruptcy proceedings. In the past, absent an affirmative act by a litigant seeking a ruling from the court that a matter was noncore, bankruptcy courts routinely issued final orders in all matters under consideration. In only rare instances did the bankruptcy court, sua sponte, question its authority to issue such rulings.
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