Legal Opinion
In Re United Missouri Bank of Kansas City, N.A.
Court of Appeals for the Eighth Circuit
Decided June 18, 1990No. 89-2981PublishedCited by 107 opinions
1Opinion of the Court
LAY, Chief Judge.
The central issue we confront is whether a bankruptcy judge acting under the Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub.L. No. 98-353, 98 Stat. 333 (1984 Act), has the statutory and constitutional authority 1 to conduct jury trials in a core proceeding in bankruptcy. We hold, contrary to the bankruptcy court 2 and the district court, 3 that a bankruptcy judge lacks the statutory authority to conduct jury trials in an action alleging a preferential transfer between the debtor and a third party creditor. BACKGROUND
The bankruptcy trustee for the Kroh Brothers…
2Cases cited24 opinions
- Blum v. StensonSupreme Court of the United States · 1984
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
- Katchen v. LandySupreme Court of the United States · 1966
19 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
- Phillip E. Beard, Trustee for Greater Pittsburgh Business Development Corp. v. Melvin A. Braunstein, an Individual, D/B/A M.A. Braunstein Co.Court of Appeals for the Third Circuit · 1990
- Loving v. United StatesCourt of Appeals for the Armed Forces · 2005
- N.I.S. Corp. v. Hallahan (In re Hallahan)Court of Appeals for the Seventh Circuit · 1991
- In the Matter of Grabill Corporation, Camdon Companies, Incorporated, Foxxford Group Limited, Debtors. Appeal of Ncnb National Bank of North CarolinaCourt of Appeals for the Seventh Circuit · 1992
- Metro Transportation Co. v. North Star Reinsurance Co.Court of Appeals for the Third Circuit · 1990
102 more not listed; retrieve them via the Exa API.