Bankruptcy — “non-core” proceedings

By: WISCONSIN LAW JOURNAL STAFF//June 9, 2014//

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U.S. Supreme Court

Civil

Bankruptcy — “non-core” proceedings

28 U.S.C. 157(c)(1)’s procedures apply to fraudulent conveyance claims.

This Court assumes without deciding that these claims are Stern claims, which Article III does not permit to be treated as “core” claims under §157(b). But because the claims assert that property of the bankruptcy estate was improperly removed, they are self-evidently “related to a case under title 11.” Accordingly, they fit comfortably within the category of claims governed by §157(c)(1).The Bankruptcy Court would have been permitted to follow that provision’s procedures, i.e., to submit proposed findings of fact and conclusions of law to the District Court for de novo review.

702 F. 3d 553, affirmed.

12-1200 Executive Benefits Ins. Agency v. Arkison

Thomas, J.

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