Jury Trial In Bankruptcy Case — Why Not?

Law360, New York (July 19, 2011, 3:05 PM EDT) -- More than 20 years ago, the United States Supreme Court in Granfinanciera SA v. Nordberg, 492 U.S. 33 (1989) held that a party has the right to a jury trial in a fraudulent transfer case brought under Section 548 of the Bankruptcy Code. A review of reported case law online reveals that this right to a jury trial is rarely invoked.

Recently, we had the opportunity to try to a jury a case brought on behalf of a Chapter 7 trustee seeking the avoidance and recovery...
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