Legal Opinion
Otte v. Monsanto Co. (In Re McCrary's Farm Supply, Inc.)
United States Bankruptcy Court, E.D. Arkansas
Decided July 29, 1985No. Bankruptcy No. LR 81-666M, Adv. No. 84-149MPublishedCited by 4 opinions
1Opinion of the Court
PRE-TRIAL ORDER
JAMES G. MIXON, Bankruptcy Judge.
The plaintiff is secretary of the creditors’ committee and authorized by the terms of a confirmed plan to prosecute a complaint against Monsanto Company for the recovery of a preferential transfer. The complaint seeks a money judgment for the sum of $889,858.95.
The defendant Monsanto Company in its answer to the complaint demands a jury trial pursuant to Rule 9015 of the Rules of Bankruptcy Procedure. Plaintiff does not vigorously oppose the motion. The defendant insists that because it has a right to a jury trial, this matter is not capable of…
2Cases cited12 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Katchen v. LandySupreme Court of the United States · 1966
- Schoenthal v. Irving Trust Co.Supreme Court of the United States · 1932
- MacOn Prestressed Concrete Co. v. DukeDistrict Court, M.D. Georgia · 1985
- Smith-Douglass, Inc. v. Smith (In Re Smith-Douglass, Inc.)United States Bankruptcy Court, E.D. North Carolina · 1984
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3Cited by4 opinions
- Acolyte Electric Corp. v. City of New YorkUnited States Bankruptcy Court, E.D. New York · 1986
- Reda, Inc. v. Harris Trust & Savings Bank (In Re Reda, Inc.)United States Bankruptcy Court, N.D. Illinois · 1986
- Eisenberg v. Guardian Group, Inc. (In Re Adams, Browning & Bates, Ltd.)United States Bankruptcy Court, E.D. New York · 1987
- England v. Fortune Systems Corp. (In Re Visidata Corp.)United States Bankruptcy Court, N.D. California · 1988