STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY, Appellant, v. HELDOR INDUSTRIES, INC., Appellee

OPINION OF THE COURT

DALZELL, District Judge.

This appeal involves the question of whether a bankruptcy court judge may, consistent with Article III of the United States Constitution, opine and rule upon an objection that was known to him to have been withdrawn prior to the issuance of his opinion and order. Because we hold that the bankruptcy judge was constitutionally disabled from taking such action under such circumstances, we will vacate his advisory opinion and order.

I

Heldor Industries, Inc. (the “Debtor”), a manufacturer and seller of prefabricated swimming pool packages and related…