Executive Benefits Insurance Agency v. Arkinson (In re Bellingham Insurance Agency, Inc.), 702 F.3d 553 (9th Cir. December, 2012)

By M. Jonathan Hayes

Issue: "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?"

Holding: No. "Federal law empowers bankruptcy judges to do so, but we hold that the Constitution forbids it." "But our decision today is no reprieve, because we also hold that the company consented to the adjudication of the fraudulent conveyance claim by a bankruptcy judge by failing to object until the case reached this court."

Appeal from District Court expected to be . . .

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Avoidance Powers In Chapter 13 – Part 3 of 6

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By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 of 6 Click here for Part 2 of 6 Click here for Part 4 of 6 Click here for Part 5 of 6

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Meet a New AND Newish Trustee

The Academy

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Krista M. Preuss was appointed as the Chapter 13 Standing Trustee for the Southern District of New York on February 1, 2018. She succeeded Jeffrey Sapir after his retirement. On October 1, 2021, she was appointed as the Chapter 13 Standing Trustee for the Eastern District of New York, succeeding Marianne DeRosa upon her retirement. Yep, two trusteeships. Can you...

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Henry E. Hildebrand, III

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In determining the appropriate “present value” factor to be added to the payment of a secured claim in a Chapter 12, the Court should look at the “riskless” treasury rate rather than the “prime rate” before enhancing it with a risk factor. (Ebinger) Farm Credit Services of America v. Topp, 2022 WL 2981590 (S.D. Iowa, July 19, 2022) Case Summary...

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Henry E. Hildebrand, III

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A 34-year-old Chapter 7 debtor could discharge his student loan obligation by establishing that he could not reasonably make payments on the balance, could not maintain a reasonable standard of living, and because the expiration of his payment term had already passed, his standard of living was likely to persist, with no realistic future prospects. (Silverstein) In re Wolfson, No....

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Here’s What Taxpayers Should Consider When Determining If They Need to File

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As people prepare to file their taxes, there are things to consider. They will want to determine if they need to file and the best way to do so. For tax year 2018, all individual taxpayers will file using the new Form 1040. Forms 1040A and 1040EZ are no longer available. Taxpayers who previously filed these forms will now file...

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Queneshia Fleming

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I am delighted to be in the inaugural class of the Tom Vaughn Memorial Internship Program for Sylvia Ford Brown, Chapter 13 Standing Trustee for the Western District of Tennessee in Memphis. I truly feel that this internship has been invaluable to the furtherance of my career and the expansion of my knowledge of bankruptcy. I. A Little About Me...

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No Answers?

Cathy Moran

September 17, 2023

What do you do when you don’t know the answer to a bankruptcy client’s questions? After all, you’re a bankruptcy lawyer.

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