FIMSA, Inc. v. Marina Bay Drive Corp. (In re Marina Bay Drive Corp.)

S.D. Texas

FIMSA, Inc. v. Marina Bay Drive Corp. (In re Marina Bay Drive Corp.)

123 B.R. 222

District Court, S.D. Texas·Decided October 4, 1990·No. No. H 90 3072; Civ. A. No. MBH-90-44; Bankruptcy No. 90-00719-G2-11; Adv. No. 90-0302·Published·Cited by 1 cases

Opinion

ORDER WITHDRAWING REFERENCE

HUGHES, District Judge.

The reference to the United States Bankruptcy Court for the Southern District of Texas is withdrawn on the claim by Marina Bay Drive Corporation and Charles E. Mellett against First Interstate Bank of Texas because' bankruptcy courts may not conduct jury trials; they are enhanced special masters in chancery. There is more to the allocation of power in the constitution than legislative and judicial acquiescence in post-New Deal administrative excuses might suggest. Article III and Amendment VII subsist.

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ORDER WITHDRAWING REFERENCE

HUGHES, District Judge.

The reference to the United States Bankruptcy Court for the Southern District of Texas is withdrawn on the claim by Marina Bay Drive Corporation and Charles E. Mellett against First Interstate Bank of Texas because' bankruptcy courts may not conduct jury trials; they are enhanced special masters in chancery. There is more to the allocation of power in the constitution than legislative and judicial acquiescence in post-New Deal administrative excuses might suggest. Article III and Amendment VII subsist.

FIMSA, Inc. v. Marina Bay Drive Corp. (In re Marina Bay Drive Corp.), 123 B.R. 222 (S.D. Tex. 1990).

Pincite

123 B.R. 222 (FIMSA, Inc. v. Marina Bay Drive Corp. (In re Marina Bay Drive Corp.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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