Masto v. Coast Trading Co. (In Re Coast Trading Co.)

FOLGER JOHNSON, Bankruptcy Judge.

This matter came before the court on November 16, 1982, for oral arguments on the issue of the plaintiffs-reclaiming sellers-right to a jury trial in their reclamation suit. The court concludes that the plaintiff is not entitled to a jury trial.

The right to a trial by jury is governed by 28 U.S.C. § 1480(a), which provides:

“Except as provided in subsection (b) of this section, this chapter and title 11 do not affect any right to trial by jury, in a case under title 11 or in a proceeding arising under title 11 or arising in or related to a case under title 11,…