Ninth Circuit -- EXECUTIVE BENEFITS INSURANCE V. PETER ARKISON

Although claims against noncreditors for fraudulent conveyance are core to the bankruptcy court's resolution of the estate, it is unconstitutional for a bankruptcy court to enter final judgment on those claims, as it is not an Article III tribunal.

Bankruptcy courts still retain the statutory power to hear and determine the cases, though, and can issue recommendations to the District Courts on findings of fact and issues of law.

Nonclaimant on the estate can waive defense of court's lack of power to have judgment issued by not timely objecting to it.

Superficial changes in company - e.g. name, website, logo - do bar finding of successorship to prior company.


EXECUTIVE BENEFITS INSURANCE V. PETER ARKISON