Legal Opinion
In the Matter of Grabill Corporation, Camdon Companies, Incorporated, Foxxford Group Limited, Debtors. Appeal of Ncnb National Bank of North Carolina
Court of Appeals for the Seventh Circuit
Decided July 13, 1992No. 91-3381PublishedCited by 52 opinions
1Opinion of the Court
FLAUM, Circuit Judge.
This appeal presents an issue the Supreme Court has twice saved for another day:1 whether bankruptcy courts possess the statutory (and if so, the constitutional) authority to conduct jury trials in core proceedings.
The defendant in this action, NCNB National Bank of North Carolina (NCNB), petitioned the district court to withdraw the reference to the bankruptcy court. Although the claims involved are “core” proceedings, see 28 U.S.C. § 157(b)(2)(F), (H), which normally fall within the bankruptcy court’s jurisdiction, NCNB demanded a jury trial, to which the parties agree…
2Cases cited26 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Crowell v. BensonSupreme Court of the United States · 1932
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Commodity Futures Trading Commission v. SchorSupreme Court of the United States · 1986
- Gomez v. United StatesSupreme Court of the United States · 1989
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3Cited by52 opinions
- In the Matter of John A. Maurice, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
- In Re Raymond Clay and Scott Clay, D/B/A the EmporiumCourt of Appeals for the Fifth Circuit · 1994
- In Re Stansbury Poplar Place, Inc.Court of Appeals for the Fourth Circuit · 1993
- Gray-Mapp v. ShermanDistrict Court, N.D. Illinois · 1999
- Adelson v. Smith (In Re Smith)United States Bankruptcy Court, D. Nevada · 2008
47 more not listed; retrieve them via the Exa API.