Ninth circuit case [1 Attachment]
Posted: Fri Dec 07, 2012 11:11 pm
The latter
On Tue, Dec 4, 2012 at 3:46 PM, PHiLiP E. KOeBeL, Esq.
wrote:
> **
>
> [Attachment(s) from PHiLiP E. KOeBeL, Esq.
> included below]
>
>
> if a noncreditor - the foreclosing bank for example - files a motion for
> relief from stay, would that amount to consent to the bankruptcy court's
> jdx or do you think the 9th circuit would require consent to each adversary
> proceeding?
>
>
> Fraudulent conveyance claims are quintessentially
> suits at common law designed to augment the bankruptcy
> estate. Granfinanciera, 492 U.S. at 56. Thus, Article III
> bars bankruptcy courts from entering final judgments in
> such actions brought by a noncreditor absent the parties
> consent. But here EBIA consented to the bankruptcy
> courts jurisdiction, rendering that courts entry of
> summary judgment in favor of the Trustee constitutionally
> sound. That judgment was also correct.
>
> On Tue, Dec 4, 2012 at 3:24 PM, Leventhal Law Group, P.C. wrote:
>
>> **
>>
>>
>> *NINTH U.S. CIRCUIT COURT OF APPEALS*
>>
>> *-Bankruptcy-*
>> Fraudulent conveyance claims do not fall within the public rights
>> exception to Article III and cannot be adjudicated by non-Article III
>> judges; bankruptcy courts may, however, hear and enter proposed findings of
>> fact and conclusions asserted by a bankruptcy trustee against a noncreditor
>> in such cases, subject to de novo review by a federal district court.
>> Furthermore, a defendant's right to an Article III hearing in such a case
>> is waivable.
>> *In re Bellingham Insurance Agency, Inc.* - filed December 4, 2012
>>
>> Jonathan Leventhal, esq.
>> Leventhal Law Group, P.C.
>> 818-347-5800
>>
>> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail
>> notice for ex parte Applications via voicemail or by email. You must comply
>> with California Law and give notice to a person in my office during regular
>> business hours.
>>
>> This email and any attachments thereto may contain private, confidential,
>> and privileged material for the sole use of the intended recipient. Any
>> review, copying, or distribution of this email (or any attachments thereto)
>> by others is strictly prohibited. If you are not the intended recipient,
>> please contact the sender immediately and permanently delete the original
>> and any copies of this email and any attachments thereto.
>>
>> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>>
>> Note: The Leventhal Law Group, P.C. does not represent you until a
>> written fee agreement has been signed by you and a representative of the
>> Leventhal Law Group, P.C. and all fees listed in the agreement have been
>> paid.
>>
>>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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The latterOn Tue, Dec 4, 2012 at 3:46 PM, PHiLiP E. KOeBeL, Esq. <lawofpek@gmail.com> wrote:
[Attachment(s) from PHiLiP E. KOeBeL, Esq. included below]
if a noncreditor - the foreclosing bank for example - files a motion for relief from stay, would that amount to consent to the bankruptcy court's jdx or do you think the 9th circuit would require consent to each adversary proceeding?
Fraudulent conveyance claims are quintessentiallysuits at common law designed to augment the bankruptcyestate. Granfinanciera, 492 U.S. at 56. Thus, Article III
bars bankruptcy courts from entering final judgments insuch actions brought by a noncreditor absent the partiesconsent. But here EBIA consented to the bankruptcycourts jurisdiction, rendering that courts entry of
summary judgment in favor of the Trustee constitutionallysound. That judgment was also correct.On Tue, Dec 4, 2012 at 3:24 PM, Leventhal Law Group, P.C. <law@3yl.com> wrote:
NINTH U.S. CIRCUIT COURT OF APPEALS-Bankruptcy-Fraudulent conveyance claims do not fall within the public rights exception to Article III and cannot be adjudicated by non-Article III judges; bankruptcy courts may, however, hear and enter proposed findings of fact and conclusions asserted by a bankruptcy trustee against a noncreditor in such cases, subject to de novo review by a federal district court. Furthermore, a defendant's right to an Article III hearing in such a case is waivable.
a>December 4, 2012Jonathan Leventhal, esq.Leventhal Law Group, P.C.818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
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