Legal Opinion
England v. Fortune Systems Corp. (In Re Visidata Corp.)
United States Bankruptcy Court, N.D. California
Decided March 8, 1988No. 16-30293PublishedCited by 6 opinions
1Opinion of the Court
OPINION
THOMAS E. CARLSON, Bankruptcy Judge.
The principal question presented is whether a right to jury trial exists in an action by a trustee to recover a preference from a creditor that has not filed a claim against the estate. I conclude that no right to jury trial exists, because a preference action is a federal statutory action that Congress has provided shall be adjudicated in a specialized court of equity — the bankruptcy court. A secondary question is whether a right to jury trial exists in an action by the Trustee under the California bulk transfer statute. I conclude that no right to…
2Cases cited54 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Curtis v. LoetherSupreme Court of the United States · 1974
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3Cited by6 opinions
- Kaiser Steel Corp. v. Frates (In Re Kaiser Steel Corp.)United States Bankruptcy Court, D. Colorado · 1989
- Data Compass Corp. v. Datafast, Inc. (In Re Data Compass Corp.)United States Bankruptcy Court, E.D. New York · 1988
- Nickens v. Perry (In Re Perry)United States Bankruptcy Court, C.D. California · 1990
- Glassel v. Allegheny International Credit Corp. (In Re Allegheny International, Inc.)District Court, W.D. Pennsylvania · 1990
- T.R. Paris & Family, Inc. v. First National Bank in Robinson (In Re T.R. Paris & Family, Inc.)United States Bankruptcy Court, S.D. Illinois · 1988
1 more not listed; retrieve them via the Exa API.