Friday, November 11, 2011

Executive Benefits Ins. Agency v. Arkison (9th Cir. - Nov. 4, 2011)

I love it when the Ninth Circuit invites amicus briefs.  It's awesome.

I'm not going to write one in this case.  As I know little -- wait, make that nothing -- about the relevant issue.

But if you have an opinion, by all means, share it with 'em.  The question is:  "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?"

No idea.  But we'd love to find out.

You've got thirty days to submit the brief.

POSTSCRIPT -  The day after Thanksgiving, the Ninth Circuit gives everyone another 45 days.  Yay!  So now you've got until January 19, 2012.  So put that on your holiday to-do list.