Executive Benefits Insurance Agency v. Arkison
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-1200 | 9th Cir. | Jan 14, 2014 | Jun 9, 2014 | 9-0 | Thomas | OT 2013 |
Holding: When, under the reasoning of Stern v. Marshall, the Constitution does not permit a bankruptcy court to enter final judgment on a bankruptcy-related claim, the relevant statute nevertheless permits a bankruptcy court to issue proposed findings of fact and conclusions of law to be reviewed de novo by the district court.
Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on June 9, 2014.
SCOTUSblog Coverage
- Opinion analysis: Bankruptcy judges, attorneys breathe sigh of relief as Court affirms bankruptcy court authority (Ronald Mann, June 10, 2014)
- Argument recap: Bankruptcy and the slippery slope (Lyle Denniston, January 14, 2014)
- Argument preview: A sequel to Stern (Lyle Denniston, January 12, 2014)
| Date | Proceedings and Orders |
|---|---|
| 02/22/2013 | Application (12A831) to extend the time to file a petition for a writ of certiorari from March 4, 2013 to April 3, 2013, submitted to Justice Kennedy. |
| 03/01/2013 | Application (12A831) granted by Justice Kennedy extending the time to file until April 3, 2013. |
| 04/03/2013 | Petition for a writ of certiorari filed. (Response due May 3, 2013) |
| 05/03/2013 | Order extending time to file response to petition to and including May 20, 2013. |
| 05/20/2013 | Brief of respondents Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc. in opposition filed. |
| 06/03/2013 | Reply of petitioner Executive Benefits Insurance Agency filed. |
| 06/04/2013 | DISTRIBUTED for Conference of June 20, 2013. |
| 06/24/2013 | Petition GRANTED. |
| 07/10/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 9, 2013. |
| 07/22/2013 | The time to file respondent's brief on the merits is extended to and including November 8, 2013. |
| 08/27/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 08/27/2013 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner. |
| 09/09/2013 | Joint appendix filed. (Statement of costs received.) |
| 09/09/2013 | Brief of petitioner Executive Benefits Insurance Agency filed. |
| 09/16/2013 | Brief amici curiae of Robert R. McCormick Foundation, et al. filed. |
| 09/16/2013 | Brief amicus curiae of NVIDIA Corporation in support of neither party filed. |
| 09/16/2013 | Brief amici curiae of Certain Tousa Defendants filed. |
| 09/16/2013 | Brief amicus curiae of Business Law Section of the Florida Bar in support of neither party filed. |
| 09/16/2013 | Brief amicus curiae of Kerr-McGee Corporation filed. |
| 11/04/2013 | SET FOR ARGUMENT ON Tuesday, Jaunuary 14, 2014. |
| 11/05/2013 | CIRCULATED |
| 11/08/2013 | Brief of respondent Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc. filed. (Distributed) |
| 11/12/2013 | Brief amici curiae of Professors Richard Aaron, et al. filed. (Distributed) |
| 11/14/2013 | Brief amicus curiae of National Association of Chapter Thirteen Trustees filed. (Distributed) |
| 11/15/2013 | Brief amicus curiae of Irving H. Picard, as Trustee of the Substantively Consolidated Estate of Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff filed. (Distributed) |
| 11/15/2013 | Brief amicus curiae of TOUSA Liquidation Trustee filed. |
| 11/15/2013 | Brief amicus curiae of National Association of Bankruptcy Trustees filed. (Distributed) |
| 11/15/2013 | Brief amicus curiae of Professors S. Todd Brown, et al. filed. (Distributed) |
| 11/15/2013 | Brief amicus curiae of Commercial Law League of America filed. (Distributed) |
| 11/15/2013 | Brief amici curiae of States of New Hampshire, et al. filed. (Distributed) |
| 11/15/2013 | Brief amicus curiae of American College of Bankruptcy filed. (Distributed) |
| 11/15/2013 | Brief amicus curiae of the United States filed. (Distributed) |
| 11/15/2013 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| 11/15/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 11/19/2013 | Record from the U.S.C.A. 9th Circuit is electronic and located on PACER. Record from the U.S.D.C. for Western District of Washington is also electronic and located on PACER. |
| 12/09/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 12/09/2013 | Reply of petitioner Executive Benefits Insurance Agency filed. (Distributed) |
| 01/14/2014 | Argued. For petitioner: Douglas Hallward-Driemeier, Washington, D. C. For respondent: John Pottow, Ann Arbor, Mich.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 06/09/2014 | Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court. |
| 07/11/2014 | JUDGMENT ISSUED. |
Issue: (1) Whether Article III permits the exercise of the judicial power of the United States by bankruptcy courts on the basis of litigant consent, and, if so, whether “implied consent” based on a litigant”s conduct, where the statutory scheme provides the litigant no notice that its consent is required, is sufficient to satisfy Article III; and (2) whether a bankruptcy judge may submit proposed findings of fact and conclusions of law for de novo review by a district court in a “core” proceeding under 28 U.S.C. 157(b).