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IN RE VISIDATA CORP.

Bankruptcy No. 3-85-01512-E-LK, Adv. No. 3-86-0152-JR.

84 B.R. 673 (1988)

In re VISIDATA CORPORATION, Debtor. John M. ENGLAND, Trustee, Plaintiff, v. FORTUNE SYSTEMS CORPORATION, and Frederick Fowler, Defendants.

United States Bankruptcy Court, N.D. California.

As Modified March 8, 1988.

Attorney(s) appearing for the Case

Denise Olrich, Stokes, Welch & Stromsheim, San Francisco, Cal., for plaintiff John M. England (Trustee).

John T. Hansen, Law Offices of John T. Hansen, San Francisco, Cal., for defendants Fortune Systems Corp. and Frederick Fowler.

OPINION

THOMAS E. CARLSON, Bankruptcy Judge.

The principal question presented is whether a right to jury trial exists in an action by a trustee to recover a preference from a creditor that has not filed a claim against the estate. I conclude that no right to jury trial exists, because a preference action is a federal statutory action that Congress has provided shall be adjudicated in a specialized court of equity — the bankruptcy court. A secondary...

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