Burr Alert: Evolving Bankruptcy Jurisdiction - Ninth Circuit Rules that Bankruptcy Courts Cannot Enter Final Judgment on Fraudulent Conveyance Claims

January 24, 2013

Before the Supreme Court’s seminal ruling in Stern v. Marshall,1 bankruptcy courts regularly entered final orders in fraudulent conveyance actions and other "core"2 matters. In Stern v. Marshall, the Supreme Court ruled that despite being statutorily defined as "core" under the bankruptcy code, bankruptcy courts do not have the constitutional power to adjudicate counterclaims to proofs of claim because they are based in state law. Following the same course, the Ninth Circuit recently held in In re Bellingham Insurance Agency, Inc.,3 that a non-Article III bankruptcy judge lacks constitutional authority to enter a final judgment on a fraudulent conveyance action against a nonclaimant to a bankruptcy estate.

To read more about this topic, please see full article below:

Download PDF


Legal Disclaimer:
No representation is made that the quality of services to be performed is greater than the quality of legal services performed by other lawyers.

Featured Attorneys

send article

TESTIMONIALS

  • “I have found the ERISA group, and especially Logan Hinkle, to be knowledgeable and very responsive as we navigate the changes in HIPAA, PPA and more recently PPACA to make sure we are in compliance and our documentation in order.  I can recommend them highly.”

    -Anonymous

  • “Very much a documentation person. She is behind the scenes and explains things very well. She...has wonderful skills.”

    -Chambers 2012

  • "Burr & Forman is the best firm we have had work for us. The lawyers are knowledgeable, responsive, and have a depth of expertise in all areas. We have a high level of confidence in their representation of our company."

    -Best Lawyers 2012

  • “He is quick to respond and practical, and the advice he gives is always to the point."

    -Chambers 2012

  • “He is great. The most important thing I think is judgment, whether more aggressive or more conservative than a firm’s first inclination. Tom’s got a great sense of discretion and judgment and he clearly knows the topic area very well. We never have an issue with us having to prompt ‘try this theory’. He’s smart and very pleasant, responsive as anything.”

    -Chambers 2012