The Scope Of Bankruptcy Court Power In Light Of Bellingham

Law360, New York (December 13, 2012, 10:20 AM EST) -- On Dec. 4, 2012, the United States Court of Appeals for the Ninth Circuit decided Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency), which held that only an Article III court (such as a federal district court), but not a bankruptcy court, can enter a final judgment in a fraudulent transfer action against a defendant that has not filed a claim against the bankruptcy estate, but that the defendant’s right to an Article III court may be waived.

The court also held that...
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