IN RE PARKER NORTH AMERICAN CORP.

Nos. SACV 91-691-GLT, SACV 91-692-GLT, Bankruptcy No. SA 89-01647JR, Adv. No. SA 89-0589.

148 B.R. 925 (1992)

In re: PARKER NORTH AMERICAN CORPORATION, Debtor. PARKER NORTH AMERICAN, a Delaware corporation, aka PNA Corporation, Appellant, v. THE RESOLUTION TRUST CORPORATION, as Receiver for Sooner Federal Savings and Loan Association, Appellee.

United States District Court, C.D. California.

May 8, 1992.


Attorney(s) appearing for the Case

Marc J. Winthrop, Todd C. Ringstad, Alan J. Friedman, Lobel, Winthrop & Broker, Irvine, CA, for Parker North American Corp.

Jeffery D. Hermann, Susan B. Hall, Brobeck, Phleger & Harrison, Los Angeles, CA, Theodore Q. Eliot, John Henry Rule, Gable & Gotwals, Tulsa, OK, for Resolution Trust Corp. as Receiver for Sooner Federal Savings & Loan Assoc.


TAYLOR, District Judge.

The Court holds that, despite the normal jurisdictional prerequisite of an administrative demand, the bankruptcy court has an independent ground for jurisdiction over a claimed preferential transfer because the RTC filed its own affirmative claim.

I. BACKGROUND

On March 17, 1989, Parker North American ("PNA") filed its Chapter 11 petition for bankruptcy relief. One of the primary motivations for filing was the opportunity...

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