FILED
FOR PUBLICATION NOV 04 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
In the Matter of: BELLINGHAM No. 11-35162
INSURANCE AGENCY, INC.,
D.C. No. 2:10-cv-00929-MJP
Debtor, Western District of Washington,
Seattle
EXECUTIVE BENEFITS INSURANCE
AGENCY, ORDER
Appellant,
v.
PETER H. ARKISON, TRUSTEE, solely
in his capacity as Chapter 7 Trustee of the
estate of Bellingham Insurance Agency,
Inc.,
Appellee.
Before: KOZINSKI, Chief Judge, PAEZ, Circuit Judge, and COLLINS, District
Judge.*
The court invites supplemental briefs by any amicus curiae addressing the
following questions: Does Stern v. Marshall, 131 S. Ct. 2594 (2011), prohibit
bankruptcy courts from entering a final, binding judgment on an action to avoid a
fraudulent conveyance? If so, may the bankruptcy court hear the proceeding and
submit a report and recommendation to a federal district court in lieu of entering a
final judgment?
Any briefs responding to this order shall be filed no later than thirty days
from the filed date of this order. All briefs shall comply with the page or type-
volume limitations specified in Federal Rules of Appellate Procedure 29(d) and
32(a)(7). Any person or entity wishing to file a brief as an amicus curiae in
response to this order is granted leave to do so pursuant to Federal Rule of
Appellate Procedure 29(a).