Brandt v. NVIDIA Corp. (In Re 3dfx Interactive, Inc.)

MEMORANDUM

William Brandt, the trustee of the estate of 3dfx Interactive, a California-based manufacturer of graphics processing units, appeals from the district court’s judgment affirming the bankruptcy court’s determi nation that NVIDIA did not pay less than fair market value for assets purchased from 3dfx shortly before 3dfx filed for bankruptcy. We have jurisdiction under 28 U.S.C. § 158 (d). We review the bankruptcy court’s legal conclusions de novo and its factual determinations for clear error. Decker v. Tramiel, 617 F.3d 1102, 1109 (9th Cir.2010). We affirm.

As a threshold matter, we retain jurisdiction over this case even after the Supreme Court’s decision in Executive Benefits Insurance Agency v. Arkison, — U.S. -, 134 S.Ct. 2165 , 189 L.Ed.2d 83 (2014). Arkison did not disturb our prior precedent that the parties’ consent permits a bankruptcy court to hear and decide so-called Stern claims. See Mastro v. Rigby, 764 F.3d 1090, 1093-95 (9th Cir.2014). Here, the parties did not argue below, and have not argued here, that jurisdiction was improper. Thus the bankruptcy court had jurisdiction to enter final judgment on Brandt’s claim, and the district court and this court…