Legal Opinion
Paragon Litig. Trust v. Noble Corp. (In re PLC)
United States Bankruptcy Court, D. Delaware
Decided March 11, 2019No. Case No.: 16-10386 (CSS); Adv. Proc. No.: 17-51882(CSS)PublishedCited by 6 opinions
1Opinion of the Court
Sontchi, CJ.
INTRODUCTION
The Bankruptcy Code has its origins in the Constitution itself. Article I authorizes Congress to pass "uniform laws on the subject of bankruptcies."2 As Madison observed, "[t]he power of establishing uniform laws of bankruptcy is so intimately connected with the regulation of commerce...that the expediency of it seems not likely to be drawn into question."3 The uniform laws of bankruptcy remain, though, subordinate to the Constitution, and in enacting such laws, Congress must abide by another of the Constitution's clear directives:
The judicial power of the United…
2Cases cited32 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Stern v. MarshallSupreme Court of the United States · 2011
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Memorial Hospital v. Maricopa CountySupreme Court of the United States · 1974
27 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Drivetrain, LLC v. DDE Partners, LLCUnited States Bankruptcy Court, D. Delaware · 2023
- Drivetrain, LLC v. FiftySix Investments LLCUnited States Bankruptcy Court, D. Delaware · 2023
- Drivetrain, LLC v. LabelUnited States Bankruptcy Court, D. Delaware · 2023
- Harker v. CummingsDistrict Court, S.D. Ohio · 2021
- Harker v. WebbDistrict Court, S.D. Ohio · 2021
1 more not listed; retrieve them via the Exa API.