Legal Opinion
Executive Benefits Insurance Agency v. Arkison
Court of Appeals for the Ninth Circuit
Decided December 4, 2012No. 11-35162PublishedCited by 127 opinions
1Opinion of the Court
OPINION
PAEZ, Circuit Judge:
This quotidian bankruptcy case presents a novel question: can a non-Article III bankruptcy judge enter a final judgment in a fraudulent conveyance action against a nonclaimant to the bankruptcy estate? Federal law empowers bankruptcy judges to do so, but we hold that the Constitution forbids it.
The Executive Benefits Insurance Agency suffered an adverse final judgment in a fraudulent conveyance at the hands of a bankruptcy judge. But our decision today is no reprieve, because we also hold that the company consented to the adjudication of the fraudulent conveyance…
2Cases cited34 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Stern v. MarshallSupreme Court of the United States · 2011
- Yakus v. United StatesSupreme Court of the United States · 1944
- Crowell v. BensonSupreme Court of the United States · 1932
29 more not listed; retrieve them via the Exa API.
3Cited by127 opinions
- Executive Benefits Insurance Agency v. ArkisonSupreme Court of the United States · 2014
- Wellness International Network, Ltd. v. SharifCourt of Appeals for the Seventh Circuit · 2013
- Timothy Frazin v. Haynes & Boone, L.L.P.Court of Appeals for the Fifth Circuit · 2013
- Tronox Inc. v. Kerr McGee Corp. (In re Tronox Inc.)United States Bankruptcy Court, S.D. New York · 2013
- BP RE, L.P. v. RML Waxahachie Dodge, L.L.C.Court of Appeals for the Fifth Circuit · 2013
122 more not listed; retrieve them via the Exa API.