Granfinanciera, S.A. v. Nordberg

492 U.S. 33 (1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Chase & Sanborn Corporation filed for bankruptcy under Chapter 11 in 1983. Nordberg was the trustee in bankruptcy and all causes of action for fraudulent conveyances vested in him. Nordberg (P) filed a suit against Granfinanciera (D) in that D had received $1.7 million from Chase & Sanborn within one year from the date its bankruptcy petition was filed without receiving consideration or reasonably equivalent value in return. D requested a trial by jury. That was denied by the bankruptcy judge. The judge held that the bankruptcy courts were just like administrative agencies and thus were outside the grasp of the Seventh Amendment. P prevailed at the trial and recovered a judgment for $1.68 million. D appealed. The Court of Appeals affirmed. The Supreme Court granted certiorari.