Issue link: https://mbozikis.ufcontent.com/i/1422521
10 A unanimous Supreme Court resolved this issue in Executive Benefits Insurance Agency v. Arkison, 134 S. Ct. 2165 (2014), holding that the bankruptcy court has the statutory authority to hear and enter proposed findings of fact and conclusions of law on claims that are statutorily designated as core but that constitutionally may not be finally adjudicated by non-Article III courts, so long as such findings of fact and conclusions of law receive de novo review by an Article III court. Moreover, in interpreting Stern, circuit courts disagreed as to whether a defendant can consent or waive a defense to the bankruptcy court's jurisdiction to issue a final judgment on a claim subject to Stern. In Wellness Int'l Network v. Sharif, 135 S. Ct. 1932 (2015), the Supreme Court held that bankruptcy courts can finally adjudicate Stern claims with consent of the parties and that such consent can be implied as long as it is knowingly and voluntarily given. To constitute knowing and voluntary consent, a litigant must be (1) aware of the need for consent; (2) aware of the right to refuse consent; and (3) appear voluntarily in the non- Article III forum to litigate the case. 2. Venue Whereas jurisdiction deals with the power of a court to hear a particular matter, venue addresses which geographic judicial district is the proper one for a particular case or proceeding. Venue of a bankruptcy case (other than a Chapter 15 case ancillary to a foreign proceeding) is proper either in the district (i) in which the debtor is domiciled, resides, has its principal place of business in the United States or has its principal assets in the United States during the 180-day (or the longest portion of the 180-day) period before commencement of the case or (ii) in which there is pending a bankruptcy proceeding for an affiliate, general partner or partnership of the debtor. 28 U.S.C. ยง 1408. For a corporation, this will generally mean that venue is proper either in its State of incorporation or where its principal place of business is located. The principal place of business is determined by where significant business decisions are made, sometimes referred to as the "nerve