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November 14, 2011

Request for Amicus Briefs in 9th Circuit re Stern v Marshall

From: Bankruptcy law discussion list [mailto:BANKR-L@LISTSERV.ILLINOIS.EDU] On Behalf Of Alan Wenokur
Sent: Thursday, November 10, 2011 5:04 PM
To: BANKR-L@LISTSERV.ILLINOIS.EDU
Subject: request for amicus briefs in 9th circuit re Stern v Marshall

The 9th Circuit has asked for amicus briefs on whether Stern v Marshall prohibits a bankruptcy court from issuing a final binding judgment on an action to avoid a fraudulent conveyance and, if so, whether the bankruptcy court may hear the case and then submit a report and recommendation to a federal district court in lieu of entering a final judgment. I’m not involved in this case. As I understand it, the Chapter 7 trustee prevailed in overturning a fraud transfer under both state law and section 548, and the Stern issue was raised in appellant’s motion after briefs were submitted to the Ninth.

Any party or entity may file briefs. The request for briefs was issued on November 4, with a deadline of 30 days. Ninth Circuit case number is 11-35162, if you are interested.

Alan J. Wenokur
Attorney at Law
600 Stewart St., Suite 1300
Seattle, WA  98101
(206) 682-6224
Fax (206) 624-2631

November 14, 2011 | Permalink

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