Frank v. Arnold (In re Morrissey)

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal presents important substantive questions concerning the power of a trustee in bankruptcy to assume a debtor’s executory land sale contract. Before these questions can be addressed, however, we must resolve a jurisdictional issue not raised by either party, to-wit: the ability of a district court, with the parties’ consent, to refer to a magistrate the disposition of an appeal from a bankruptcy court order. Because we hold that Congress has precluded a district court from making such a reference, we do not reach the merits of this case.…