Summary
requesting supplemental briefs addressing whether Stern “prohibit bankruptcy courts from entering a final, binding judgment on an action to avoid a fraudulent conveyance”
Summary of this case from Messer v. Bentley Manhattan Inc. (In re Madison Bentley Associates, LLC)Opinion
No. 11–35162.
2011-11-4
In the Matter of BELLINGHAM INSURANCE AGENCY, INC., Debtor.Executive Benefits Insurance Agency, Appellant, v. Peter H. Arkison, Trustee, solely in his capacity as Chapter 7 Trustee of the estate of Bellingham Insurance Agency, Inc., Appellee.
Nicholas Arthur Paleveda, Esquire, Law Offices of Nicholas Paleveda MBA J.D. LL.M, Bellingham, WA, for Appellant. Denice Moewes, Wood & Jones, Seattle, WA, for Appellee.
Nicholas Arthur Paleveda, Esquire, Law Offices of Nicholas Paleveda MBA J.D. LL.M, Bellingham, WA, for Appellant. Denice Moewes, Wood & Jones, Seattle, WA, for Appellee. D.C. No. 2:10–cv–00929–MJP, Western District of Washington, Seattle.Before: ALEX KOZINSKI, Chief Judge, RICHARD A. PAEZ, Circuit Judge, and RANER C. COLLINS, District Judge.
The Honorable Raner C. Collins, United States District Judge for the District of Arizona, sitting by designation.
ORDER
The court invites supplemental briefs by any amicus curiae addressing the following questions: Does Stern v. Marshall, ––– U.S. ––––, 131 S.Ct. 2594, 180 L.Ed.2d 475 (2011), prohibit bankruptcy courts from entering a final, binding judgment on an action to avoid a fraudulent conveyance? If so, may the bankruptcy court hear the proceeding and submit a report and recommendation to a federal district court in lieu of entering a final judgment?
Any briefs responding to this order shall be filed no later than thirty days from the filed date of this order. All briefs shall 477 comply with the page or type-volume limitations specified in Federal Rules of Appellate Procedure 29(d) and 32(a)(7). Any person or entity wishing to file a brief as an amicus curiae in response to this order is granted leave to do so pursuant to Federal Rule of Appellate Procedure 29(a).