And the Saga Continues – Ninth Circuit Requests Amicus Briefs on Issues Presented in Stern v. Marshall

Introduction by Vijay Malik

The Ninth Circuit recently issued an order requesting amicus briefs addressing whether Stern v. Marshall, 131 S. Ct. 2594 (2011) precludes a bankruptcy court from entering a final judgment on an action to avoid a fraudulent conveyance, and if so, whether the bankruptcy court can hear the proceeding and submit a recommendation to a federal district court instead of entering a final judgment?

Our very own Mr. Civ Pro Man has discussed Stern at length. For a recap, please click here to read an in depth analysis of the issues presented in the case and here to read an extensive analysis of the Supreme Court’s decision. Additionally, Chapter 13 trustee and contributor Hank Hildebrand has shared his thoughts on what the case means to debtors, creditors and trustees.

Mr. Malik is a law student at Creighton University in Omaha, Nebraska. Prior to law school, Mr. Malik worked in real estate private equity and investing banking for various firms in New York and Washington, D.C.

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