Legal Opinion

Messer ex rel. Fine Diamonds, LLC v. Peykar International Co. (In re Fine Diamonds, LLC)

United States Bankruptcy Court, S.D. New York

Decided November 18, 2013No. 09-10492 (REG); Adversary Proceeding No. 09-01033 (REG)Published

1Opinion of the Court

*231Chapter 7 Case

MEMORANDUM AND ORDER WITH RESPECT TO DECISION AFTER TRIAL

Robert E. Gerber, United States Bankruptcy Judge

Constitutional limits on the power of bankruptcy judges to enter final judgments in certain matters have resulted in confusion here as to “what happens next” after a bankruptcy judge, in lieu of entry of a judgment in an adversary proceeding, issues proposed findings of fact and conclusions of law, and a party wishes entry of a judgment implementing them, on the one hand, or is unhappy with them, on the other.

Here I issued a Decision after Trial,1 noting that by reason of…

2Cases cited4 opinions

  1. Kirschner Ex Rel. Refco Litigation Trust v. Agoglia (In Re Refco Inc.)United States Bankruptcy Court, S.D. New York · 2011
  2. Fox v. KoplikDistrict Court, S.D. New York · 2013
  3. In Re Containership Co.(tcc) A/SUnited States Bankruptcy Court, S.D. New York · 2012
  4. Messer ex rel. Fine Diamonds, LLC v. Peykar International Co. (In re Fine Diamonds, LLC)United States Bankruptcy Court, S.D. New York · 2013

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