Holding: Article III permits bankruptcy judges to adjudicate Stern claims with the parties’ knowing and voluntary consent.  Consent by parties also need not be in writing but can be determined through conduct.

In the recent United States Supreme Court decision of Wellness International Network v. Sharif, the High Court entered a very significant decision

Summary

In a 5 page decision signed May 4, 2011, Judge Walsh of the Delaware Bankruptcy Court held that a proceeding initiated by a Debtor, seeking contribution relating to environmental claims is non-core. Judge Walsh’s opinion is available here (the “Opinion”).

Background

NEC Holdings Corp. and related entities (the “Debtors”) filed for bankruptcy on