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Judge Mark B. McFeeley papers

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Held at: University of Pennsylvania: Biddle Law Library [Contact Us]3460 Chestnut Street, Biddle Law Library, Philadelphia, PA 19104-3406

This is a finding aid. It is a description of archival material held at the University of Pennsylvania: Biddle Law Library. Unless otherwise noted, the materials described below are physically available in their reading room, and not digitally available through the web.

Overview and metadata sections

Call Number:
NBA.042
Repository:
University of Pennsylvania: Biddle Law Library
Extent:
1 linear feet (2 boxes)
Language:
English
Preferred Citation:
[Identification of item], in the Judge Mark B. McFeeley Papers, National Bankruptcy Archives, NBA.042, Biddle Law Library, University of Pennsylvania Law School, Philadelphia, PA.
Date:
1982-1999 (inclusive) and 1982-1987 (bulk)
Creator:
McFeeley, Mark B. and National Bankruptcy Archives
Abstract:
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 The case was later rendered moot when Foley rescinded his order and agreed to pay the judges.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.

Mark B. McFeeley graduated from the U.S. Merchant Marine Academy with his B.S in 1966. It wasn't until 1972 when McFeeley graduated cum laude from the University of New Mexico where he received his J.D. During his time at the University of New Mexico, he served as the editor of the New Mexico Law Review and was a member of the Order of the Coif.

Soon after receiving his J.D., McFeeley began a lifelong career in law. From 1972-1973, he served as a law clerk for Judge Oliver Seth, U.S. Court of Appeals for the Tenth Circuit. After finishing his clerkship, McFeeley worked in private practice from 1973-1981 (Felker, McFeeley & Ish). McFeeley was instrumental in forming the Bankruptcy Appellate Panel for the Tenth Circuit. He served as a bankruptcy judge from its inception in 1981 until 2009; a total of twenty-eight years. It wasn't until 1996 that Judge McFeeley was elevated to Chief Bankruptcy Judge, U.S. Bankruptcy Court for the District of New Mexico, succeeding Chief Bankruptcy Judge Stewart Rose, on September 3, 1996. He served this position until his retirement in 2009.

Judge McFeeley was an active member of the National Conference of Bankruptcy Judges (NCBJ) beginning in 1981; and in 2004 he served as NCBJ's president. He also served as a member of the Judicial Conference Committee on Bankruptcy Rules from 2001 to 2007. Judge McFeeley was inducted as a Fellow of the American College of Bankruptcy in 2004.

The Judge Mark B. McFeeley Papers includes correspondence, with attachments, newsclippings, copies of government documents, Congressional Records, publications, notes, case materials, and other related materials produced during Judge McFeeley's tenure as bankruptcy judge for the U.S. Bankruptcy Court, District of New Mexico from 1981-1999.

    Missing Title
  1. Emergency Interim Rule
  2. Bankruptcy Course Materials
  3. Correspondence
  4. Lundin et al. v L. Ralph Mecham Case Materials
  5. Advanced Court Engineering (ACE) Project
  6. Notes

Donated to the National Bankruptcy Archives by Judge Mark B. McFeeley in September of 2012.

Processed by Hoang Tran, October 2012.

George C. Paine Collection of In re Benny Records

Subject

Publisher
University of Pennsylvania: Biddle Law Library
Finding Aid Author
Hoang Tran
Finding Aid Date
2012 October
Access Restrictions

The archives reserves the right to restrict access to materials of sensitive nature. Please contact the department for further information.

Use Restrictions

Copyright is retained by the authors of items in these papers, or their descendants, as stipulated by United States copyright law.

Collection Inventory

Scope and Contents

The materials in this series are related to the Emergency Interim Rule which came about after the Marathon ruling of 1982. Judge McFeeley was one of four judges that battled the Administrative Office which questioned constitutionality of the bankruptcy system and the appointment of bankruptcy judges that happened during the 1980s.

Bankruptcy Court System Vol. 1, 1982.
Box 1 Folder 1
Bankruptcy Court System Vol. 2, 1983.
Box 1 Folder 2
Bankruptcy Court System Vol. 3, 1984.
Box 1 Folder 3
Bankruptcy Court System Vol. 4, 1985.
Box 1 Folder 4
Newsclippings, 1982-1986.
Box 1 Folder 5
Scope and Contents

Includes both photocopies as well as printed newsclippings from various news publications such as the LA Times, The New York Times, and the Wall Street Journal. News articles cover the Bankruptcy Court Turmoil during the 1980s.

Bankruptcy Course Materials, 1987 Spring .
Box 1 Folder 6
Scope and Contents

Includes copies of a brief outline of the 13 class course on bankruptcy lectured by Judge McFeeley. Contains bankruptcy packets that were used for class 4 and class 7. Packets seem to be copies of Bankruptcy Court Decisions and Memorandum Opinions.

Scope and Contents

Consists of correspondence that were both composed and received by Judge Mark B. McFeeley during his service as a bankruptcy judge for the United States Bankruptcy Court, District of New Mexico and as a member of the National Conference of Bankruptcy Judges (NCBJ).

Arrangement

Correspondence files are arranged chronologically. In order to preserve context, correspondences are arranged with enclosed attachments. Also, on numerous occasions, Judge McFeeley preserved both his sent correspondence and the received correspondence. As a result, these files are also arranged together.

Professional Correspondence, 1981-1982.
Box 2 Folder 1
Professional Correspondence, 1983.
Box 2 Folder 2
Professional Correspondence, 1984.
Box 2 Folder 3
Professional Correspondence, 1985.
Box 2 Folder 4
Professional Correspondence, 1986.
Box 2 Folder 5
Professional Correspondence, 1987.
Box 2 Folder 6
Professional Correspondence, 1988.
Box 2 Folder 7
Professional Correspondence, 1989.
Box 2 Folder 8
Professional Correspondence, 1990-1992.
Box 2 Folder 9
Request for Clerkship and Letter of Recommendation, 1982-1991.
Box 2 Folder 10
Lundin et al. v. L. Ralph Mecham Case Materials, 1993-1998.
Box 2 Folder 11
Scope and Contents

Consists of correspondence, one issue of Conference News (June 1997), copies of opinions, and other related materials to the case.

Advanced Court Engineering (ACE) Project , 1999.
Box 2 Folder 12
Notes, 1987, undated.
Box 2 Folder 13
Scope and Contents

Includes handwritten notes as well as a reference material titled "Relief from Automatic Stays in Bankruptcy Cases" by Matthew Hoffman, Hirsch & Westheimer in 1986 and was amended by Judge McFeeley in 1987.

Print, Suggest