Executive Benefits Ins. Agency v. Arkison
Jun
09
2014
Ruling
When presented with a Stern claim, the proper course is for the bankruptcy court to issue proposed findings of fact and conclusions of law for de novo review and entry of judgment by a district court.
Procedural posture
On de novo review, a district court affirmed a bankruptcy court's summary judgment for a trustee alleging a fraudulent conveyance in a chapter 7 case. After the creditor appealed, the U.S. Supreme Court issued its decision in Stern; based on Stern, the cr
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Court
: U.S. Supreme Court