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Biddle Law Library: National Bankruptcy Archives [Contact Us]
McFeeley, Mark B.
Extent: 1 linear feet (2 boxes)
Mark B. McFeeley has well over thirty-five years of experience practicing law in America, of which twenty-eight years (1981-2009) was dedicated to serving as a bankruptcy judge for the U.S. Bankruptcy Court for the District of New Mexico. Judge McFeeley was instrumental in forming the Bankruptcy Appellate Panel for the Tenth Circuit. As a bankruptcy judge, McFeeley was intimately involved with the Bankruptcy Crisis of the 1980s that called into question the constitutionality of the bankruptcy system and the appointment of bankruptcy judges after the Marathon Pipeline decision in June of 1982. In 1984, Judge McFeeley was one of four bankruptcy judges who filed suit against the Administrative Office of the United States Courts. William Foley, the Administrative Office's director, had refused to pay bankruptcy judges, arguing that parts of the Bankruptcy Amendments and Federal Judge Act of 1984 were unconstitutional. The case was later rendered moot when Foley rescinded his order and agreed to pay the judges. The bulk of the Judge Mark B. McFeeley Papers highlight the bitter battle between Foley and the bankruptcy judges as well as details how the bankruptcy court system and judges adapted to the crisis by implementing the Emergency Interim Rule. The collection consists of correspondence, with attachments, newsclippings, copies of government documents, Congressional Records, publications, notes, case materials, and other related materials. The collection may be useful for those interested in researching Judge McFeeley's tenure on the bankruptcy bench or the bankruptcy crisis of the 1980s.