Legal Opinion
Walsh v. Long Beach Honda (In Re Gaildeen Industries, Inc.)
District Court, N.D. California
Decided April 3, 1986No. Bankruptcy Nos. C-85-4197-MHP, 4-84-01233 WW, Adv. No. 3-84-0493-Oak-LKPublishedCited by 21 opinions
1Opinion of the Court
OPINION PATEL, District Judge.
This preference action, brought under 11 U.S.C. § 547, was initially filed in the bankruptcy court. Defendant moved to transfer the action to district court, arguing that it has a constitutional right to a jury trial and that the bankruptcy court can not conduct a jury trial. Plaintiff conceded that defendant has a right to a jury trial in this action, 1 but argued that transfer was unnecessary because a jury trial could proceed in the bankruptcy court.
On June 25, 1985 Judge King granted defendant’s motion and ordered the action transferred to this court. In his…
2Cases cited18 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
- In Re Robert Stephen Adams, Debtor. Betty Hilda Ida Koepke Moraes v. Robert Stephen Adams, Robert Stephen AdamsCourt of Appeals for the Ninth Circuit · 1985
- Baldwin-United Corp. v. Thompson (In Re Baldwin-United Corp.)United States Bankruptcy Court, S.D. Ohio · 1985
- Hassett v. Weissman (In Re O.P.M. Leasing Services, Inc.)District Court, S.D. New York · 1985
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Acolyte Electric Corp. v. City of New YorkUnited States Bankruptcy Court, E.D. New York · 1986
- Carr v. Michigan Real Estate Insurance Trust (In Re Michigan Real Estate Insurance Trust)District Court, E.D. Michigan · 1988
- American Community Services, Inc. v. Wright Marketing, Inc. (In Re American Community Services, Inc.)District Court, D. Utah · 1988
- Citibank, N.A. v. Park-Kenilworth Industries, Inc.District Court, N.D. Illinois · 1989
- Dailey v. First Peoples Bank of New JerseyDistrict Court, D. New Jersey · 1987
16 more not listed; retrieve them via the Exa API.