Langenkamp v. Hackler (In re Republic Trust & Savings Co.)
Langenkamp v. Hackler (In re Republic Trust & Savings Co.)
Opinion of the Court
In Langenkamp v. Culp, — U.S. -, 111 S.Ct. 330, 112 L.Ed.2d 343 (1990), the
Parts I, II and III of our opinion, Langenkamp v. Hackler, 897 F.2d at 1043-46, remain unaffected by the Supreme Court’s opinion and we reaffirm our disposition of those issues. We VACATE the erroneous portion of part IV of our opinion, 897 F.2d at 1046-47,
SO ORDERED.
. Appellants (creditors) were holders of thrift and passbook savings certificates issued by the debtors to represent the debtors' promise to repay monies the appellants had invested.
. The following portion of our opinion is vacated.
Although some of the appellants did file claims against the estates because they continued to have monies invested in the debtors at the time of bankruptcy, see supra n. 3, we believe they likewise are entitled to a jury trial under the rationale of Granfinaciera [, S.A v. Nordberg, 492 U.S. 33, 109 S.Ct. 2782, 106 L.Ed.2d 26 (1989) ] and Katchen [v. Landy, 382 U.S. 323, 86 S.Ct. 467, 15 L.Ed.2d 391 (1966) ]. Despite these appellants’ claims, the trustee’s actions to avoid the transfers, consolidated by the bankruptcy court, were plenary rather than a part of the bankruptcy court's summary proceedings involving the “process of allowance and disallowance of claims.”
Langenkamp v. Hackler, 897 F.2d at 1046-47.
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