bond-007: Think about it, wasn’t this just like a divorce and a division of property? then file the bankruptcy. The Stern decision is precisely related to this case in that with a final division of property the court can decide the bankruptcy.
Oh not so fast Bond.. Both Fraudulent Transfer/Conveyance and Preference claims are state-law claims, the Stern case (as I understnad it) took these types of claims out of non-tenuered courts hands and put them in a tenured judges hands. i.e Article III courts, not Article 1 courts.. Correct me if I am wrong..
Mordicai and Lawrence can both atest to this or correct me to a legal point.. Remember Scalia was very worried about leaving such huge decisions in the hands of a non-tenured Judge (Article 1)
Also FDIC-C and JPM are in DC not Wilmington (no equitable mootness)
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