Langenkamp v. Culp, No. 90-93

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM; KENNEDY
Citation111 S.Ct. 330,112 L.Ed.2d 343,498 U.S. 42
Docket NumberNo. 90-93
Decision Date13 November 1990
PartiesR. Dobie LANGENKAMP, Successor Trustee of the Bankruptcy Estates of Republic Trust & Savings Company and Republic Financial Corporation v. C.A. CULP, et al

498 U.S. 42
111 S.Ct. 330
112 L.Ed.2d 343
R. Dobie LANGENKAMP, Successor Trustee of the Bankruptcy Estates of Republic Trust & Savings Company and Republic Financial Corporation

v.

C.A. CULP, et al.

No. 90-93.
Nov. 13, 1990.
Rehearing Denied Jan. 10, 1991.

See 498 U.S. 1043, 111 S.Ct. 721.

PER CURIAM.

This case presents the question whether creditors who submit a claim against a bankruptcy estate and are then sued by

Page 43

the trustee in bankruptcy to recover allegedly preferential monetary transfers are entitled to jury trial under the Seventh Amendment. This action was brought by petitioner Langenkamp, successor trustee to Republic Trust & Savings Company and Republic Financial Corporation (collectively debtors). Debtors were uninsured, nonbank financial institutions doing business in Oklahoma. Debtors filed Chapter 11 bankruptcy petitions on September 24, 1984. At the time of the bankruptcy filings, respondents held thrift and passbook savings certificates issued by debtors, which represented debtors' promise to repay moneys the respondents had invested.

Within the 90-day period immediately preceding debtors' Chapter 11 filing, respondents redeemed some, but not all, of debtors' certificates which they held. Thus, upon the bankruptcy filing, respondents became creditors of the now-bankrupt corporations. Respondents timely filed proofs of claim against the bankruptcy estates. Approximately one year after the bankruptcy filing, the trustee instituted adversary proceedings under 11 U.S.C. § 547(b) to recover, as avoidable preferences, the payments which respondents had received immediately prior to the September 24 filing. A bench trial was held, and the Bankruptcy Court found that the money received by respondents did in fact constitute avoidable preferences. In re Republic Trust & Savings Co., No. 84C-01461, Adversary No. 85-0337 (N.D.Okla., June 26, 1987), App. to Pet. for Cert. A-45; In re Republic Trust & Savings Co., No. 84-01461, Adversary No. 85-0319 (N.D.Okla., June 26, 1987), App. to Pet. for Cert. A-64. The United States District Court for the Northern District of Oklahoma affirmed. Republic Financial Corp. v. Langenkamp, Nos. 87-C-616-C, 87-C-618-C, 87-C-619-C (June 30, 1988), App. to Pet. for Cert. A-67. On appeal, the United States Court of Appeals for the Tenth Circuit upheld the District Court's judgment on three grounds, but reversed on the issue of the holders' entitlement to a jury trial on the

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777 practice notes
  • In re General American Communications Corp., No. M-47B.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • April 25, 1991
    ...130 BR 159 Court over core proceedings where the defendant has not filed a proof of claim. See, Langenkamp v. C.A. Culp, ___ U.S. ___, 111 S.Ct. 330, 112 L.Ed.2d 343 (1990) per curiam, (held creditors do not have a right to a trial by jury when sued by bankruptcy trustee for preferential tr......
  • In re Jernigan, Bankruptcy No. 89-00045-W.
    • United States
    • United States Bankruptcy Courts. Tenth Circuit. U.S. Bankruptcy Court — Northern District of Oklahoma
    • October 11, 1991
    ...106 L.Ed.2d 26 (1989), although not in this particular instance where Credit Union has filed claims, Langenkamp v. Culp, ___ U.S. ___, 111 S.Ct. 330, 112 L.Ed.2d 343 (1990). Such important 130 BR 887 requirements and rights should not be short-cut by the procedural device of embedding the m......
  • State v. Rose, No. 32A92
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • December 30, 1994
    ...a juror can find defendant guilty "based on a degree of proof below that required by the Due Process Clause." Id. at 41, 111 S.Ct. at 330, 112 L.Ed.2d at 342. He argues that the prosecutor's language--that it was sufficient if the jurors "believed basically" that defenda......
  • In re CBI Holding Co., Inc., Bankruptcy No. 94-B-438129(BRL). No. 01-CIV-0131 (KMW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • June 30, 2004
    ...loses its Seventh Amendment rights, even if the adversary proceeding concerns traditionally legal claims. Langenkamp v. C.A. Gulp, 498 U.S. 42, 44, 111 S.Ct. 330, 112 L.Ed.2d 343 (1990); Granfinanciera, 492 U.S. at 58-59 & 59 n. 14, 109 S.Ct. 2782. If, 311 B.R. 366 in contrast, the cred......
  • Request a trial to view additional results
777 cases
  • In re General American Communications Corp., No. M-47B.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • April 25, 1991
    ...130 BR 159 Court over core proceedings where the defendant has not filed a proof of claim. See, Langenkamp v. C.A. Culp, ___ U.S. ___, 111 S.Ct. 330, 112 L.Ed.2d 343 (1990) per curiam, (held creditors do not have a right to a trial by jury when sued by bankruptcy trustee for preferential tr......
  • In re Jernigan, Bankruptcy No. 89-00045-W.
    • United States
    • United States Bankruptcy Courts. Tenth Circuit. U.S. Bankruptcy Court — Northern District of Oklahoma
    • October 11, 1991
    ...106 L.Ed.2d 26 (1989), although not in this particular instance where Credit Union has filed claims, Langenkamp v. Culp, ___ U.S. ___, 111 S.Ct. 330, 112 L.Ed.2d 343 (1990). Such important 130 BR 887 requirements and rights should not be short-cut by the procedural device of embedding the m......
  • State v. Rose, No. 32A92
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • December 30, 1994
    ...a juror can find defendant guilty "based on a degree of proof below that required by the Due Process Clause." Id. at 41, 111 S.Ct. at 330, 112 L.Ed.2d at 342. He argues that the prosecutor's language--that it was sufficient if the jurors "believed basically" that defenda......
  • In re CBI Holding Co., Inc., Bankruptcy No. 94-B-438129(BRL). No. 01-CIV-0131 (KMW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • June 30, 2004
    ...loses its Seventh Amendment rights, even if the adversary proceeding concerns traditionally legal claims. Langenkamp v. C.A. Gulp, 498 U.S. 42, 44, 111 S.Ct. 330, 112 L.Ed.2d 343 (1990); Granfinanciera, 492 U.S. at 58-59 & 59 n. 14, 109 S.Ct. 2782. If, 311 B.R. 366 in contrast, the cred......
  • Request a trial to view additional results

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