Nordberg v. Bank of Credit & Commerce International (In re Chase & Sanborn Corp.)
Nordberg v. Bank of Credit & Commerce International (In re Chase & Sanborn Corp.)
Opinion of the Court
ORDER DENYING JURY TRIAL
The defendant’s demand for jury trial in this adversary proceeding was heard on August 5. The demand for a jury trial is denied.
The action is to avoid a preference under 11 U.S.C. § 547(b). No right to a jury existed under the Common Law for such an action, which is a statutory remedy bottomed on principles of equity. Katchen v. Landy, 382 U.S. 323, 86 S.Ct. 467, 15 L.Ed.2d 391 (1966); Sibley v. Fulton Dekalb Collection Service, 677 F.2d 830 (11th Cir. 1982); Country Junction, Inc. v. Levi Strauss & Co. (In re Country Junction, Inc.), 41 B.R. 425 (W.D.Tex. 1984); Lerblance v. Rodgers (In re Rodgers & Sons, Inc.), 48 B.R. 683 (Bankr.E.D.Okla. 1985); Pennels v. Barnes (In re Best Pack Seafood, Inc.), 45 B.R. 194 (Bankr.D.Me. 1984). I see no reason to exercise this court's discretion to provide a jury in this instance.
Reference
- Full Case Name
- In re CHASE & SANBORN CORP. f/k/a General Coffee Corp., Debtor(s). Paul C. NORDBERG, as Trustee etc. v. BANK OF CREDIT AND COMMERCE INTERNATIONAL
- Cited By
- 4 cases
- Status
- Published