Article by Stewart F. Peck
When U.S. bankruptcy law converges with federal admiralty law, complex jurisdictional conflicts and constitutional issues arise. This Article explores the history of how courts have treated the intersection of these two complex bodies of federal law, with a particular focus on Article III of the United States Constitution in the wake of the United States Supreme Court’s decision Stern v. Marshall. Because this fundamental issue regarding the power of bankruptcy courts to adjudicate admiralty matters may have a significant practical effect on maritime creditors, it is important that maritime practitioners be cognizant of the principles of bankruptcy jurisdiction. The Article further discusses certain aspects of complex commercial bankruptcy that are relevant to maritime practitioners, providing explanation of the impact of various bankruptcy issues in the maritime context.
About the Author
Stewart F. Peck. Senior Partner and Founding Member of Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, Louisiana. J.D. 1977, Order of the Coif, Tulane University School of Law; Member 1977, Board of Editors, Tulane Law Review; A.B. 1974, magna cum laude with distinction, Phi Beta Kappa, Kenyon College.
Citation
87 Tul. L. Rev. 955 (2013)