EXECUTIVE BENEFITS INSURANCE AGENCY v. ARKISON, CHAPTER 7 TRUSTEE OF ESTATE OF BELLINGHAM INSURANCE AGENCY, INC.
No. 12-1200
Supreme Court of the United States
June 9, 2014
573 U.S. ___ (2014)
THOMAS, J.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
OCTOBER TERM, 2013
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337 (1906).
SUPREME COURT OF THE UNITED STATES
Syllabus
EXECUTIVE BENEFITS INSURANCE AGENCY v. ARKISON, CHAPTER 7 TRUSTEE OF ESTATE OF BELLINGHAM INSURANCE AGENCY, INC.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
No. 12-1200. Argued January 14, 2014—Decided June 9, 2014
Bellingham Insurance Agency, Inc. (BIA), filed a voluntary chapter 7 bankruptcy petition. Respondent Peter Arkison, the bankruptcy trustee, filed a complaint in the Bankruptcy Court against petitioner Executive Benefits Insurance Agency (EBIA) and others alleging the fraudulent conveyance of assets from BIA to EBIA. The Bankruptcy Court granted summary judgment for the trustee. EBIA appealed to the District Court, which affirmed the Bankruptcy Court‘s decision after de novo review and entered judgment for the trustee. While EBIA‘s appeal to the Ninth Circuit was pending, this Court held that
Held:
1. Under the Bankruptcy Amendments and Federal Judgeship Act
In Stern, the Court confronted an underlying conflict between the 1984 Act and the requirements of
2. Stern claims may proceed as non-core within the meaning of
3. Section
4. Here, the District Court‘s de novo review of the Bankruptcy Court‘s order and entry of its own valid final judgment cured any potential error in the Bankruptcy Court‘s entry of judgment. EBIA contends that it was constitutionally entitled to review by an
702 F. 3d 553, affirmed.
THOMAS, J., delivered the opinion for a unanimous Court.
NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.
SUPREME COURT OF THE UNITED STATES
No. 12-1200
EXECUTIVE BENEFITS INSURANCE AGENCY, PETITIONER v. PETER H. ARKISON, CHAPTER 7 TRUSTEE OF THE ESTATE OF BELLINGHAM INSURANCE AGENCY, INC.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
[June 9, 2014]
JUSTICE THOMAS delivered the opinion of the Court.
In Stern v. Marshall, 564 U. S. 462 (2011), this Court held that even though bankruptcy courts are statutorily authorized to enter final judgment on a class of bankruptcy-related claims,
Nicolas Paleveda and his wife owned and operated two companies—Aegis Retirement Income Services, Inc. (ARIS), and Bellingham Insurance Agency, Inc. (BIA). By early 2006, BIA had become insolvent, and on January 31, 2006, the company ceased operation. The next day, Paleveda used BIA funds to incorporate Executive Benefits Insurance Agency, Inc. (EBIA), petitioner in this case. Paleveda and others initiated a scheme to transfer assets from BIA to EBIA. The assets were deposited into an account held jointly by ARIS and EBIA and ultimately credited to EBIA at the end of the year.
On June 1, 2006, BIA filed a voluntary chapter 7 bankruptcy petition in the United States Bankruptcy Court for the Western District of Washington. Peter Arkison, the bankruptcy trustee and respondent in this case, filed a complaint in the same Bankruptcy Court against EBIA and others. As relevant here, the complaint alleged that Paleveda used various methods to fraudulently convey BIA assets to EBIA.1 EBIA filed an answer and denied many of the trustee‘s allegations.
After some disagreement as to whether the trustee‘s claims should continue in the Bankruptcy Court or instead proceed before a jury in Federal District Court, the trustee filed a motion for summary judgment against EBIA in the Bankruptcy Court. The Bankruptcy Court granted summary judgment for the trustee on all claims, including the fraudulent conveyance claims. EBIA then appealed that determination to the District Court. The District Court conducted de novo review, affirmed the Bankruptcy Court‘s decision, and entered judgment for the trustee.
EBIA appealed to the United States Court of Appeals for the Ninth Circuit. After EBIA filed its opening brief, this
The Ninth Circuit rejected EBIA‘s motion and affirmed the District Court. In re Bellingham Ins. Agency, Inc., 702 F. 3d 553 (2012). As relevant here, the court held that Stern, supra, and Granfinanciera, S. A. v. Nordberg, 492 U. S. 33 (1989),3 taken together, lead to the conclusion that
We granted certiorari, 570 U. S. ___ (2013).
In Stern, we held that
As we explain in greater detail below, when a bankruptcy court is presented with such a claim, the proper course is to issue proposed findings of fact and conclusions of law. The district court will then review the claim de novo and enter judgment. This approach accords with the bankruptcy statute and does not implicate the constitutional defect identified by Stern.
A
We begin with an overview of modern bankruptcy legislation. Prior to 1978, federal district courts could refer matters within the traditional “summary jurisdiction” of bankruptcy courts to specialized bankruptcy referees.5 See Northern Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U. S. 50, 53 (1982) (plurality opinion). Summary jurisdiction covered claims involving “property in the actual or constructive possession of the [bankruptcy] court,” ibid., i.e., claims regarding the apportionment of
In 1978, Congress enacted sweeping changes to the federal bankruptcy laws. See 92 Stat. 2549. The Bankruptcy Reform Act eliminated the historical distinction between “summary” jurisdiction belonging to bankruptcy courts and “plenary” jurisdiction belonging to either a district court or an appropriate state court. Northern Pipeline, supra, at 54 (plurality opinion); see also 1 W. Norton & W. Norton Bankruptcy Law and Practice §4:12, p. 4-44 (3d ed. 2013). Instead, the 1978 Act mandated that bankruptcy judges “shall exercise” jurisdiction over “all civil proceedings arising under title 11 or arising in or related to cases under title 11.”
In Northern Pipeline, this Court addressed whether bankruptcy judges under the 1978 Act could “constitutionally be vested with jurisdiction to decide [a] state-law contract claim” against an entity not otherwise a party to the proceeding. Id., at 53, 87, n. 40. The Court concluded
B
Against that historical backdrop, Congress enacted the Bankruptcy Amendments and Federal Judgeship Act of 1984—the Act at issue in this case. See
The 1984 Act largely restored the bifurcated jurisdictional scheme that existed prior to the 1978 Act. The 1984 Act implements that bifurcated scheme by dividing all matters that may be referred to the bankruptcy court into two categories: “core” and “non-core” proceedings. See generally
As for “non-core” proceedings—i.e., proceedings that are “not ... core” but are “otherwise related to a case under title 11“—the statute authorizes a bankruptcy court to “hear [the] proceeding,” and then “submit proposed findings of fact and conclusions of law to the district court.”
Put simply: If a matter is core, the statute empowers the bankruptcy judge to enter final judgment on the claim, subject to appellate review by the district court. If a matter is non-core, and the parties have not consented to final adjudication by the bankruptcy court, the bankruptcy judge must propose findings of fact and conclusions of law. Then, the district court must review the proceeding de novo and enter final judgment.
Stern v. Marshall, 564 U. S. 462, confronted an underlying conflict between the 1984 Act and the requirements of
We agreed. Id., at ___. In that circumstance, we held, Congress had improperly vested the Bankruptcy Court with the “judicial Power of the United States,” just as in Northern Pipeline. 564 U. S., at ___ (slip op., at 21, 38). Because “[n]o ‘public right’ exception excuse[d] the failure to comply with
III
Stern made clear that some claims labeled by Congress as “core” may not be adjudicated by a bankruptcy court in the manner designated by
The Ninth Circuit held that the fraudulent conveyance claims at issue here are Stern claims—that is, proceedings that are defined as “core” under
The lower courts, including the Ninth Circuit in this case, have described Stern claims as creating a statutory “gap.” See, e.g., 702 F. 3d, at 565. By definition, a Stern claim may not be adjudicated to final judgment by the bankruptcy court, as in a typical core proceeding. But the alternative procedure, whereby the bankruptcy court submits proposed findings of fact and conclusions of law, applies only to non-core claims. See
We disagree. The statute permits Stern claims to proceed as non-core within the meaning of
“If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act, or the application of that provision to persons or circumstances other than those as to which it is held invalid, is not affected thereby.” 98 Stat. 344, note following
28 U. S. C. § 151 .
The plain text of this severability provision closes the so-called “gap” created by Stern claims. When a court identifies a claim as a Stern claim, it has necessarily “held invalid” the “application” of
The conclusion that the remainder of the statute may continue to apply to Stern claims accords with our general approach to severability. We ordinarily give effect to the valid portion of a partially unconstitutional statute so long as it “remains ‘fully operative as a law.‘” Free Enterprise Fund v. Public Company Accounting Oversight Bd., 561 U. S. 477, 509 (2010) (quoting New York v. United States, 505 U. S. 144, 186 (1992)), and so long as it is not “evident” from the statutory text and context that Congress would have preferred no statute at all, 561 U. S., at 509 (quoting Alaska Airlines, Inc. v. Brock, 480 U. S. 678, 684 (1987)). Neither of those concerns applies here. Thus,
A
Now we must determine whether the procedures set forth in
First, the fraudulent conveyance claims in this case are “not ... core.” The Ninth Circuit held—and no party disputes—that
B
Although this case did not proceed in precisely that fashion, we affirm nonetheless. A brief procedural history of the case helps explain why.
As noted,
EBIA now objects on constitutional grounds to the Bankruptcy Court‘s disposition of the fraudulent conveyance claims. EBIA contends that it was constitutionally entitled to review of its fraudulent conveyance claims by an
In light of the procedural posture of this case, however, we need not decide whether EBIA‘s contentions are correct on either score. At bottom, EBIA argues that it was entitled to have an
Accordingly, we affirm the judgment of the Court of Appeals.
It is so ordered.
