In Re Boileau

ORDER RE CONSTITUTIONALITY OF INTERIM RULE GOVERNING BANKRUPTCY CASES AND PROCEEDINGS

This matter comes before this court on certification by Bankruptcy Judge Pyle of the immediate need to review the constitutionality of the Interim Rule governing the administration of the bankruptcy system adopted by the United States District Court for the Southern District of California in General Order 279B. The certification was made pursuant to Section (E)(2)(A)(ii) of the aforementioned Rule. After careful review of the relevant case and statutory law, this court concludes that the Interim Rule, adopted in response to the Supreme Court’s decision in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., - U.S. -, 102 S.Ct. 2858 , 73 L.Ed.2d 598 (1982) is constitutional and val id. More specifically, this court holds 1. That the Federal District Court still retains jurisdiction over bankruptcy matters; 2. That the District Court has both the authority and the power to adopt and issue the Rule.

The constitutionality of the Rule was upheld by Judge Robert E. DeMascio of the Eastern District of Michigan, in an Order dated January 7, 1983. This Court respectfully agrees with and adopts…