Bertholet v. Harman
United States Bankruptcy Court, D. New Hampshire
1Opinion of the Court
AMENDED MEMORANDUM OPINION
JAMES E. YACOS, Bankruptcy Judge.
This case is a referred civil action from district court involving allegations that the negligence and intentional misconduct of a bankruptcy trustee caused damage to a principal of the debtor corporation. At a recent pretrial hearing of this case, the parties discussed whether this court has jurisdiction to hear this matter because under 28 U.S.C. § 157(b)(5) only the district court can hear actions for personal injury. Also, the parties discussed whether a jury trial was warranted and whether this court could conduct a jury trial. I…
2Cases cited31 opinions
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Commodity Futures Trading Commission v. SchorSupreme Court of the United States · 1986
- United States v. WillSupreme Court of the United States · 1980
- Pernell v. Southall RealtySupreme Court of the United States · 1974
- Insurance Co. of Pennsylvania v. Ben Cooper, Inc.Supreme Court of the United States · 1990
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3Cited by21 opinions
- Yadkin Valley Bank & Trust Co. v. McGee (In re Hutchinson)Court of Appeals for the Fourth Circuit · 1993
- Priest v. Interco, Inc. (In Re Interco, Inc.)United States Bankruptcy Court, E.D. Missouri · 1991
- Massey Energy Co. v. West Virginia Consumers for JusticeDistrict Court, E.D. Virginia · 2006
- In re Gawker Media LLCUnited States Bankruptcy Court, S.D. New York · 2017
- Haile Co. v. R.J. Reynolds Tobacco Co. (In Re Haile Co.)United States Bankruptcy Court, S.D. Georgia · 1991
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