Executive Benefits Insurance v. Arkison (In Re Bellingham Insurance Agency, Inc.)

661 F.3d 476, 2011 U.S. App. LEXIS 22330, 2011 WL 5307852

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 4, 2011
• Docket: 11-35162
• Status: Published

Opinion

ORDER

The court invites supplemental briefs by any amicus curiae addressing the following questions: Does Stem 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 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).