Amicus Curiae Brief, Executive Benefits Ins. Agency v. Arkison (In re Bellingham Ins. Agency, Inc.), No. 11-35162 (9th Cir.)

January 03, 2012
The Ninth Circuit invited supplemental briefing by amicus curiae regarding 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?” Dechert’s amicus brief concluded (1) that Article III of the Constitution prohibits bankruptcy courts from entering a final, binding judgment on an action to avoid a fraudulent conveyance, and (2) that the bankruptcy court may hear the proceeding and submit proposed findings of fact and conclusions of law to a federal district court in lieu of entering a final judgment, at least in the absence of a proper motion to withdraw the reference. Dechert attorneys G. Eric Brunstad, Jr. (counsel of record), Collin O’Connor Udell, and Matthew J. Delude filed the amicus brief.