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EXECUTIVE BENEFITS INSURANCE AGENCY v. ARKISON

Docket No.: 12-1200
Certiorari Granted: Jun 24 2013
Argued: January 14, 2014

Topics:

Arbitration, Article I, Bankruptcy, Seventh Amendment, separation of powers

PartyNames: Executive Benefits Insurance Agency v. Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc.
Petitioner: Executive Benefits Insurance Agency
Respondent: Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 702 F.3d 553
Supreme Court Docket

Executive Benefits Insurance Agency
v.
Peter H. Arkison, Chapter 7 Trustee of the Estate of Bellingham Insurance Agency, Inc.
Question Presented:

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. 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).

EXECUTIVE BENEFITS INSURANCE AGENCY v. ARKISON
ORAL ARGUMENT

January 14, 2014

Listen to Oral Argument in EXECUTIVE BENEFITS INSURANCE AGENCY v. ARKISON
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