Executive Benefits Insurance v. Peter Arkison, No. 11-35162 (9th Cir. 2011)
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The court issued a subsequent related opinion or order on November 25, 2011.
The court issued a subsequent related opinion or order on November 25, 2011.
The court issued a subsequent related opinion or order on December 4, 2012.
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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 04 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT In the Matter of: BELLINGHAM INSURANCE AGENCY, INC., Debtor, EXECUTIVE BENEFITS INSURANCE AGENCY, No. 11-35162 D.C. No. 2:10-cv-00929-MJP Western District of Washington, Seattle ORDER Appellant, v. PETER H. ARKISON, TRUSTEE, solely in his capacity as Chapter 7 Trustee of the estate of Bellingham Insurance Agency, Inc., Appellee. Before: KOZINSKI, Chief Judge, PAEZ, Circuit Judge, and COLLINS, District Judge.* The court invites supplemental briefs by any amicus curiae addressing the following questions: Does Stern v. Marshall, 131 S. Ct. 2594 (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 typevolume 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).
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