Writ of Certiorari, Executive Benefits Insurance Agency v. Arkison, No. 12-1200 (U.S. 2013)

November 08, 2013
Dechert is serving as co-counsel for the Respondent, Peter H. Arkison, in his capacity as Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc., in this pending matter before the Supreme Court.  The case considers whether, after the Supreme Court’s decision in Stern v. Marshall, 131 S. Ct. 2594 (2011), a defendant in a fraudulent conveyance action may consent to final adjudication of the matter by a bankruptcy judge.  Respondent’s brief, filed November 8, 2013, argues that: (1) Petitioner could, and did, consent to the adjudication of a fraudulent conveyance action by the bankruptcy court; and (2) where a party does not consent to final adjudication by the bankruptcy court of such a claim, the bankruptcy court has the power to submit proposed findings of fact and conclusions of law.  Dechert attorneys G. Eric Brunstad, Jr. and Kate O’Keeffe filed the writ of certiorari brief in support of Respondent.