Legal Opinion
Miller v. Baron (In Re Great American Manufacturing & Sales, Inc.)
District Court, C.D. California
Decided August 2, 1991No. CV89-7095-HLH, Bankruptcy No. LA 82-10709-AA, Adv. No. LA 83-9566-AAPublishedCited by 6 opinions
1Opinion of the Court
OPINION
HUPP, District Judge.
This interlocutory appeal poses the question of whether the bankruptcy court may conduct a jury trial in a core matter where defendants have not conferred jurisdiction on the Bankruptcy Court by filing a claim therein. The Court holds that jury trials in bankruptcy court in core matters are authorized by the Bankruptcy Amendments and Federal Judgeship Act of 1984 (the “1984 Amendments” or “1984 Act”) and do not violate either Article III or the Seventh Amendment of the U.S. Constitution. 1
BACKGROUND
Gary J. Miller, trustee in bankruptcy of Great American…
2Cases cited21 opinions
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Three Affiliated Tribes of the Fort Berthold Reservation v. Wold Engineering, P. C.Supreme Court of the United States · 1984
- Phillip E. Beard, Trustee for Greater Pittsburgh Business Development Corp. v. Melvin A. Braunstein, an Individual, D/B/A M.A. Braunstein Co.Court of Appeals for the Third Circuit · 1990
- Insurance Co. of Pennsylvania v. Ben Cooper, Inc.Supreme Court of the United States · 1990
- In Re United Missouri Bank of Kansas City, N.A.Court of Appeals for the Eighth Circuit · 1990
16 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Turner v. Davis, Gillenwater & Lynch (In re Investment Bankers, Inc.)Court of Appeals for the Tenth Circuit · 1993
- Life Insurance Co. of Virginia v. Barakat (In Re Barakat)United States Bankruptcy Court, C.D. California · 1994
- In Re Investment Bankers, Inc.Court of Appeals for the Tenth Circuit · 1993
- Torcise v. Community Bank of HomesteadDistrict Court, S.D. Florida · 1991
- Weiss v. Avenir Acquisition Corp. IIDistrict Court, D. Massachusetts · 1991
1 more not listed; retrieve them via the Exa API.