Oldco: Does a Failure to Respond Equal Implied Consent?

June 2013
ABI Journal;Jun2013, Vol. 32 Issue 5, p22
The article discusses the issues concerning the entitlement of parties to an Article III tribunal over a bankruptcy court's authority to enter a final judgment. It refers to the court case, In re Oldco, wherein Honorable Martin Glenn has implied the consent to the bankruptcy court's authority upon failure of the defendant to file a responsive pleading. However, the decision to the case has left other courts divided over the proposition as it was immaterial for the defendant to give consent.


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