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Third Circuit Sides With Magistrates On Bankruptcy Appeals

The Circuit split caused by MTE can and should be fixed by the Fifth and Seventh Circuits when the appropriate appeal reaches them. MTE reflects the more current analysis. It is unlikely that the Supreme Court will be able to resolve the split any time soon.

9 minute read July 01, 2025 at 12:02 AM
By
Michael L. Cook
Third Circuit Sides With Magistrates On Bankruptcy Appeals

“We hold that, upon consent of the parties and referral by a district court, a magistrate judge may enter a final judgment in a bankruptcy appeal.” In re MTE Holdings LLC, 2025 WL 5682927*4 (3d Cir.

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