granfinanciera nordberg argued january decided june respondent bankruptcy trustee corporation undergoing chapter reorganization filed suit district petitioners seeking avoid allegedly fraudulent monetary transfers bankrupt corporation predecessor recover damages costs expenses interest referred proceedings bankruptcy shortly colombian government nationalized petitioner granfinanciera petitioners requested jury trial bankruptcy judge denied request deeming suit recover fraudulent transfer core action understanding english common law issue district affirmed bankruptcy judgment respondent without discussing petitioners jury trial request appeals also affirmed ruling inter alia seventh amendment supplied right jury trial fraudulent conveyance actions equitable nature even plaintiff seeks monetary relief bankruptcy proceedings inherently equitable nature congress displaced right jury trial designating fraudulent conveyance actions core proceedings triable bankruptcy judges sitting without juries held address respondent contention judgment affirmed petitioner granfinanciera commercial instrumentality colombian government made request jury trial therefore entitled trial seventh amendment applicable statutory provisions difficult question neither raised adequately briefed argued exceptional case consider arguments raised moreover petitioners claim uncontradicted affirmance ground respondent urges enlarge respondent rights judgment decrease granfinanciera pp provided congress permissibly assigned resolution claim iii adjudicative body use jury factfinder seventh amendment entitles person submitted claim bankruptcy estate jury trial sued bankruptcy trustee recover allegedly fraudulent monetary transfer pp since decisions early english cases scholarly authority demonstrate respondent bring action law england equity adjudicated must concluded preliminarily action sui common law jury trial required seventh amendment pp importantly nature relief respondent seeks recovery money payments ascertained definite amounts conclusively demonstrates cause action characterized legal rather equitable petitioners prima facie entitled jury trial amendment schoenthal irving trust pp seventh amendment entitles petitioners requested jury trial notwithstanding designation fraudulent conveyance actions core proceedings iii bankruptcy judges may adjudicate pp although seventh amendment prohibit congress assigning resolution statutory claim legal nature iii tribunal use jury factfinder long claim asserts public right congress lacks power strip parties contesting matters private right constitutional right jury trial see atlas roofing occupational safety health review northern pipeline construction marathon pipe line purposes public right limited matter arising government others extends seemingly private right closely intertwined federal regulatory program congress power enact thomas union carbide agricultural products pp bankruptcy trustee right recover fraudulent conveyance accurately characterized private rather public right although plurality northern pipeline construction supra noted restructuring relations bankruptcy may well public right also emphasized causes action breach contract paradigmatic private rights even asserted insolvent corporation midst chapter reorganization proceedings trustees fraudulent conveyance actions quintessentially suits nearly resemble contract claims bankrupt corporation augment bankruptcy estate creditors claims pro rata share bankruptcy res analysis confirmed katchen landy must read hold creditor seventh amendment right jury trial bankruptcy trustee preference claim depends upon whether creditor submitted claim estate since petitioners filed claims respondent suit neither part claims adjudication process integral restructuring relations congress therefore divest petitioners seventh amendment right merely relabeling cause action right attaches assigning specialized equity particularly evidence congress considered constitutional implications designation fraudulent conveyance actions core proceedings pp permitting jury trials fraudulent conveyance actions significantly impair functioning legislative scheme seriously argued allowing actions trustee suit person entered claim estate go far dismantle statutory scheme phrase used atlas roofing supra since atlas plainly assumed claims carried right jury trial addition easily said jury incompatible bankruptcy proceedings since congress expressly provided jury trials certain actions arising bankruptcy litigation claim juries may serve usefully checks judges decisions overlooks potential juries exercise beneficial restraint decisions judges may beholden congress executive moreover although providing jury trials fraudulent conveyance actions might impede swift resolution bankruptcy proceedings increase expense chapter reorganizations considerations insufficient overcome seventh amendment clear command pp brennan delivered opinion rehnquist marshall stevens kennedy joined parts ii iii scalia joined scalia filed opinion concurring part concurring judgment post white filed dissenting opinion post blackmun filed dissenting opinion joined post adam lawrence argued cause petitioners briefs boyce ezell iii laurence tribe argued cause respondent brief gary jones saturnino lucio ii justice brennan delivered opinion question presented whether person submitted claim bankruptcy estate right jury trial sued trustee bankruptcy recover allegedly fraudulent monetary transfer hold seventh amendment entitles person trial jury notwithstanding congress designation fraudulent conveyance actions core proceedings supp chase sanborn corporation filed petition reorganization chapter bankruptcy code plan reorganization approved bankruptcy southern district florida vested respondent nordberg trustee bankruptcy causes action fraudulent conveyances app pet cert respondent filed suit petitioners granfinanciera medex district southern district florida complaint alleged petitioners received million chase sanborn corporate predecessor within one year date bankruptcy petition filed without receiving consideration reasonably equivalent value return respondent sought avoid alleged constructively actually fraudulent transfers recover damages costs expenses interest ed supp app pet cert district referred proceedings bankruptcy five months later shortly colombian government nationalized granfinanciera respondent served summons petitioners bogota colombia answer complaint following granfinanciera nationalization petitioners requested trial jury issues triable app bankruptcy judge denied petitioners request jury trial deeming suit recover fraudulent transfer core action originally english common law understand issue app pet cert following bench trial dismissed prejudice respondent actual fraud claim entered judgment respondent constructive fraud claim amount granfinanciera medex district affirmed without discussing petitioners claim entitled jury trial appeals eleventh circuit also affirmed found petitioners lacked statutory right jury trial constructive fraud provision suit brought supp contains mention right jury trial supp affords jury trials personal injury wrongful death suits appeals ruled seventh amendment supplied right jury trial actions recover fraudulent conveyances equitable nature even plaintiff seeks monetary relief bankruptcy equitable nature thus bankruptcy proceedings inherently equitable read opinion katchen landy say congress may convert creditor legal right equitable claim displace seventh amendment right trial jury held congress done designating fraudulent conveyance actions core proceedings triable bankruptcy judges sitting without juries granted certiorari decide whether petitioners entitled jury trial reverse ii considering petitioners claim jury trial must confront preliminary argument respondent contends judgment affirmed respect granfinanciera though medex granfinanciera commercial instrumentality colombian government made request jury trial respondent argues seventh amendment preserves jury trial rights recognized england common law late century foreign sovereigns instrumentalities immune suit common law suits foreign sovereigns possible respondent asserts accordance foreign sovereign immunities act fsia respondent reads prohibit trial jury case foreign state respondent concludes granfinanciera right jury trial regardless merits medex seventh amendment claim decline address argument respondent failed raise question poses adequately briefed argued without certiorari prevailing party may course defend judgment ground properly raised whether ground relied upon rejected even considered district appeals washington yakima indian nation provided affirmance alternative ground neither expand contract rights either party established judgment see blum bacon new york telephone respondent present defense judgment however one advanced although consider grounds supporting judgment different appeals rested decision ground presented raised exercise authority exceptional cases heckler campbell quoting mcgoldrick compagnie generale transatlantique exceptional case lack guidance district appeals issue difficult questions remain whether jury trial available foreign state upon request circumstances business enterprise since become arm foreign state may entitled jury trial compare gould pechiney ugine kuhlmann jurisdiction determined party status act complained occurred morgan guaranty trust republic palau supp sdny status time complaint filed decisive jurisdiction callejo bancomer fsia applies even though bank nationalized suit filed wolf banco nacional de mexico cert denied moreover petitioners alleged reply brief without contradiction respondent oral argument affirmance ground respondent urges unquestionably enlarge respondent rights circuit decision concomitantly decrease petitioner open ing new areas discovery aid execution allowing respondent first time recover judgment wins granfinanciera colombia central banking institutions possibly colombian governmental instrumentalities reply brief petitioners whatever merits claims plausibility coupled respondent failure offer rebuttal furnishes additional reason consider respondent novel argument support judgment late stage litigation therefore leave another day questions respondent argument raises fsia iii petitioners rest claim jury trial seventh amendment alone seventh amendment provides suits common law value controversy shall exceed twenty dollars right trial jury shall preserved consistently interpreted phrase suits common law refer suits legal rights ascertained determined contradistinction equitable rights alone recognized equitable remedies administered parsons bedford pet although thrust amendment preserve right jury trial existed seventh amendment also applies actions brought enforce statutory rights analogous causes action ordinarily decided english law courts late century opposed customarily heard courts equity admiralty curtis loether form analysis familiar first compare statutory action actions brought courts england prior merger courts law equity second examine remedy sought determine whether legal equitable nature tull citations omitted second stage analysis important first balance two factors indicate party entitled jury trial seventh amendment must decide whether congress may assign assigned resolution relevant claim iii adjudicative body use jury factfinder dispute actions recover preferential fraudulent transfers often brought law late england noted schoenthal irving trust omitted england long prior enactment first judiciary act common law actions trover money received resorted recovery preferential payments bankrupts see smith payne eng trover barnes freeland eng trover smith hodson eng assumpsit goods sold delivered vernon hanson eng assumpsit money received thompson freeman eng trover rust cooper cowp eng trover harman fishar cowp eng trover martin pewtress burr eng trover alderson temple burr eng trover actions like suits law conducted juries respondent challenge proposition even contend actions recover fraudulent conveyances preferential transfers occasionally tried courts equity asserts courts equity concurrent jurisdiction courts law fraudulent conveyance actions brief respondent respondent assertion courts equity sometimes provided relief fraudulent conveyance actions true however hardly suffices undermine petitioners submission present action monetary relief sounded equity years ago england parsons bedford supra emphasis added contrasted suits law equitable rights alone recognized holding seventh amendment right jury trial applies latter actions respondent adduces authority buttress claim suits recover allegedly fraudulent transfer money sort brought typically indeed ever entertained english courts equity seventh amendment adopted fact prior decisions see buzard houston scholarly authority compel contrary conclusion hether trustee suit law equity judged standards applied owner property wrongfully withheld subject matter chattel still grantee possession action trover replevin trustee remedy fraudulent transfer cash trustee action money received actions law available trustee english courts long ago hand subject matter land intangible trustee needs equitable aid accounting like may invoke equitable process also beyond dispute glenn fraudulent conveyances preferences pp rev ed footnotes omitted hobbs hull cox eng ch also fails advance respondent case assignees bankruptcy sued set aside alleged fraudulent conveyance real estate trust husband wife return relinquishment cause action divorce upon discovering adultery dismissed suit finding transfer fraudulent allowed assignees bring ejectment legal action law courts salient point bankruptcy assignees sought traditional equitable remedy setting aside conveyance land trust rather recovery money goods refused decide legal claim ejectment ruled equitable remedy lie sweeping statement courts equity certainly habit exercising concurrent jurisdiction courts law statutes elizabeth respecting fraudulent conveyances eng supported reference cases sought recovery fixed sum money without need accounting equitable relief respondent repaired deficit therefore conclude respondent bring action recover alleged fraudulent conveyance determinate sum money law england equity adjudicated nature relief respondent seeks strongly supports preliminary finding right invokes denominated legal rather equitable decisions establish beyond peradventure cases fraud mistake head chancery jurisdiction sustain bill equity obtain decree payment money way damages like amount recovered law action sounding tort money received buzard houston citing parkersburg brown ambler choteau litchfield ballou see also atlas roofing occupational safety health review otherwise legal issues voidable preferences pernell southall realty action simply recovery money judgment action one law quoting whitehead shattuck dairy queen wood petitioner contention insofar complaint requests money judgment presents claim unquestionably legal agree contention gaines miller whenever one person hands money equitably belonging another person may recover assumpsit money received remedy law adequate complete citations omitted indeed view schoenthal irving trust removes doubt respondent cause action characterized legal rather equitable schoenthal trustee bankruptcy sued equity recover alleged preferential payments claiming adequate remedy law case recipients payments apparently file claims bankruptcy estate held suit proceed law instead rule suits equity sustained complete remedy exists law codified serves guard right trial jury preserved seventh amendment end liberally construed found trustee suit indistinguishable respondent suit relevant respects go forward equity adequate remedy available law preferences sued money payments ascertained definite amounts bill discloses facts call accounting equitable relief respondent fraudulent conveyance action plainly seeks relief traditionally provided law courts law side courts legal equitable dockets unless congress may permissibly withdrawn jurisdiction action courts law assigned exclusively iii tribunals sitting without juries seventh amendment guarantees petitioners jury trial upon request iv prior passage bankruptcy reform act pub stat act uits recover preferences constitute part proceedings bankruptcy schoenthal irving trust supra although related bankruptcy proceedings fraudulent conveyance preference actions brought trustee bankruptcy deemed separate plenary suits seventh amendment applied act brought actions within jurisdiction bankruptcy courts preserved parties rights trial jury existed prior effective date act repealed amendments however designated fraudulent conveyance actions core proceedings supp bankruptcy judges may adjudicate may issue final judgments district referred matter obliged decide today whether bankruptcy courts may conduct jury trials fraudulent conveyance suits brought trustee person entered claim estate either rare procedural posture case see supra current statutory scheme see supp need decide whether congress authorized bankruptcy courts hold jury trials actions authorization comports article iii iii judges preside actions subject review withdrawal district courts also need consider whether jury trials conducted bankruptcy satisfy seventh amendment command fact tried jury shall otherwise according rules common law given district courts may presently set aside clearly erroneous factual findings bankruptcy courts bkrtcy rule sole issue us whether seventh amendment confers petitioners right jury trial face congress decision allow iii tribunal adjudicate claims atlas roofing noted congress creates new statutory public rights may assign adjudication administrative agency jury trial incompatible without violating seventh amendment injunction jury trial preserved suits common law omitted emphasized however congress power block application seventh amendment cause action limits congress may deny trials jury actions law said cases public rights litigated prior cases support administrative factfinding situations involving public rights government involved sovereign capacity otherwise valid statute creating enforceable public rights wholly private tort contract property cases well vast range cases implicated adhere general teaching said atlas roofing common law side federal courts aid juries deemed appropriate required constitution quoting crowell benson congress may devise novel causes action involving public rights free strictures seventh amendment assigns adjudication tribunals without statutory authority employ juries factfinders lacks power strip parties contesting matters private right constitutional right trial jury recognized atlas roofing hold otherwise permit congress eviscerate seventh amendment guarantee assigning administrative agencies courts equity causes action grounded state law whether originate newly fashioned regulatory scheme possess long line forebears constitution nowhere grants congress puissant authority egal claims magically converted equitable issues presentation equity ross bernhard congress conjure away seventh amendment mandating traditional legal claims brought taken administrative tribunal certain situations course congress may fashion causes action closely analogous claims place beyond ambit seventh amendment assigning resolution forum jury trials unavailable see atlas roofing supra workplace safety regulations block hirsh temporary emergency regulation rental real estate see also pernell southall realty discussing cases murray lessee hoboken land improvement congress may may bring within cognizance courts may deem proper matters involving public rights congress power limited however power place adjudicative authority iii tribunals circumscribed see thomas union carbide agricultural products brennan concurring judgment northern pipeline construction marathon pipe line opinion brennan rehnquist concurring judgment unless legal cause action involves public rights congress may deprive parties litigating right seventh amendment guarantee jury trial atlas roofing supra noted congress may effectively supplant cause action carrying right jury trial statutory cause action shorn jury trial right statutory cause action inheres lies federal government sovereign capacity case law makes plain however class public rights whose adjudication congress may assign administrative agencies courts equity sitting without juries expansive atlas roofing discussion suggests indeed decisions point conclusion statutory cause action legal nature question whether seventh amendment permits congress assign adjudication tribunal employ juries factfinders requires answer question whether article iii allows congress assign adjudication cause action iii tribunal statutory cause action respondent right recover fraudulent conveyance public right article iii purposes congress may assign adjudication specialized iii lacking essential attributes judicial power crowell benson supra action must tried auspices article iii seventh amendment affords parties right jury trial whenever cause action legal nature conversely congress may assign adjudication statutory cause action iii tribunal seventh amendment poses independent bar adjudication action nonjury factfinder see atlas roofing supra pernell southall realty supra block hirsh supra addition seventh amendment precedents therefore rely decisions exploring restrictions article iii places congress choice adjudicative bodies resolve disputes statutory rights determine whether petitioners entitled jury trial recent discussion public rights doctrine bears congress power commit adjudication statutory cause action iii tribunal rejected view matter public rights must minimum arise government others northern pipeline construction supra opinion brennan quoting ex parte bakelite held instead federal government need party case revolve around public rights thomas union carbide agricultural products brennan concurring judgment crucial question cases involving federal government whether congress acting valid legislative purpose pursuant constitutional powers article create seemingly private right closely integrated public regulatory scheme matter appropriate agency resolution limited involvement article iii judiciary see brennan concurring judgment challenged provision involves public rights dispute arises context federal regulatory scheme virtually occupies field statutory right closely intertwined federal regulatory program congress power enact right neither belongs exists federal government must adjudicated article iii right legal nature carries seventh amendment guarantee jury trial although issue admits debate bankruptcy trustee right recover fraudulent conveyance seems us accurately characterized private rather public right used terms article iii decisions northern pipeline construction plurality noted restructuring relations bankruptcy may well public right plurality also emphasized causes action breach contract warranty paradigmatic private rights even asserted insolvent corporation midst chapter reorganization proceedings plurality said matters nature subject suit common law equity admiralty lie protected core article iii judicial power see rehnquist concurring judgment point reaffirmed thomas supra little doubt fraudulent conveyance actions bankruptcy trustees suits said schoenthal irving trust citation omitted constitute part proceedings bankruptcy concern controversies arising quintessentially suits common law nearly resemble contract claims brought bankrupt corporation augment bankruptcy estate creditors hierarchically ordered claims pro rata share bankruptcy res see gibson therefore appear matters private rather public right decision katchen landy seventh amendment rather article iii confirms analysis petitioner officer bankrupt corporation made payments corporate funds within four months bankruptcy corporate notes accommodation maker petitioner later filed claims bankruptcy estate trustee counterclaimed arguing payments petitioner made constituted voidable preferences reduced potential personal liability notes held bankruptcy jurisdiction order petitioner surrender preferences rule trustee claim without according petitioner jury trial holding depend however fact bankruptcy courts essentially courts equity characteristically proceed summary fashion deal assets bankrupt administering notwithstanding fact bankruptcy courts characteristically supervised summary proceedings statutorily invested jurisdiction law well also oversee plenary proceedings see atlas roofing katchen rested ground bankruptcy exercising summary jurisdiction specialized equity emphasis added pepper litton many purposes courts bankruptcy essentially courts equity emphasis added decision turned rather bankruptcy actual constructive possession bankruptcy estate power obligation consider objections trustee deciding whether allow claims estate citing schoenthal irving trust supra approvingly expressly stated petitioner submitted claim bankruptcy trustee recovered preference plenary action petitioner entitled jury trial trustee brought plenary action federal see made plainer holding schoenthal retained vitality lthough petitioner might entitled jury trial issue preference presented claim bankruptcy proceeding awaited federal plenary action trustee schoenthal irving trust issue arises part process allowance disallowance claims triable equity unlike justice white see post view conclusion katchen resting accident statutory history read schoenthal katchen holding seventh amendment creditor right jury trial bankruptcy trustee preference claim depends upon whether creditor submitted claim estate upon congress precise definition bankruptcy estate upon whether congress chanced deny jury trials creditors filed claims sued trustee recover alleged preference petitioners like petitioner schoenthal filed claims estate respondent fraudulent conveyance action arise part process allowance disallowance claims action integral restructuring relations congress therefore divest petitioners seventh amendment right trial jury katchen thus supports result reach today certainly compel opposite act abolished statutory distinction plenary summary bankruptcy proceedings relied schoenthal katchen although act preserved parties rights jury trials existed prior day took effect repealed amendments congress drew new distinction core proceedings classified fraudulent conveyance actions core proceedings triable bankruptcy judges supp whether supp purports abolish jury trial rights formerly plenary actions unclear rate question need decide see supra decisive point neither act amendments congress creat new cause action remedies therefor unknown common law traditional rights remedies inadequate cope manifest public problem atlas roofing rather congress simply reclassified cause action integrally related reformation relations apparently suffer grave deficiencies purely taxonomic change alter seventh amendment analysis congress eliminate party seventh amendment right jury trial merely relabeling cause action attaches placing exclusive jurisdiction administrative agency specialized equity see gibson congress assignment justified ground jury trials fraudulent conveyance actions go far dismantle statutory scheme atlas roofing bankruptcy proceedings placed administrative forum jury incompatible sure owe deference congress judgment given careful consideration constitutionality legislative provision see northern pipeline construction opinion brennan respondent adduced evidence congress considered constitutional implications designation fraudulent conveyance actions core proceedings seriously argued permitting jury trials fraudulent conveyance actions brought trustee person entered claim estate go far dismantle statutory scheme used phrase atlas roofing opinion case following schoenthal plainly assumed claims carried right jury trial addition one easily say jury incompatible bankruptcy proceedings view congress express provision jury trials certain actions arising bankruptcy litigation see supp gibson warner katchen bankruptcy new jury trial right bankr hereinafter warner justice white claim juries may serve usefully checks decisions judges enjoy life tenure see post overlooks extent judges appointed fixed terms may beholden congress executive officials thus ignores potential juries exercise beneficial restraint decisions may providing jury trials fraudulent conveyance actions particular case respondent suit commenced bankruptcy approved debtor plan reorganization impede swift resolution bankruptcy proceedings increase expense chapter reorganizations considerations insufficient overcome clear command seventh amendment curtis loether see also bowsher synar fact given law procedure efficient convenient useful facilitating functions government standing alone save contrary constitution quoting ins chadha pernell southall realty discounting arguments jury trials unduly burdensome rejecting notion necessary inconsistency desire speedy justice right jury trial decide today whether current jury trial provision supp permits bankruptcy courts conduct jury trials fraudulent conveyance actions like one respondent initiated express view whether seventh amendment article iii allows jury trials actions held iii bankruptcy judges subject oversight provided district courts pursuant amendments leave issues future decisions hold however whatever answers questions seventh amendment entitles petitioners jury trial requested accordingly judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes district courts shall original jurisdiction without regard amount controversy nonjury civil action foreign state defined section title claim relief personam respect foreign state entitled immunity either sections title applicable international agreement emphasis added indeed respondent strenuously supported appeals conclusion echoed district see app pet cert fsia inapplicable case bar rationale transfers question suit recover transfers occurred granfinanciera nationalized sweeping rationale granfinanciera never proved instrumentality foreign state never really nationalized see brief appellee pp brief appellee sd pp admittedly respondent present position fsia confer immunity granfinanciera instrumentality foreign state alleged wrongs occurred respondent filed suit necessarily incompatible claim granfinanciera qualify jury trial fsia requested jury trial nationalized respondent attempted however reconcile views make second claim filed merits brief current statutory provision jury trials bankruptcy proceedings supp enacted part bankruptcy amendments federal judgeship act amendments pub stat notoriously ambiguous section provides chapter title affect right trial jury individual applicable nonbankruptcy law regard personal injury wrongful death tort claim although section might suggest jury trials available personal injury wrongful death actions conclusion debatable section provides district may order issues arising connection involuntary bankruptcy petitions tried without jury suggesting lacks similar discretion deny jury trials least issues presented connection voluntary petitions confused legislative history provisions puzzled commentators see gibson jury trials bankruptcy obeying commands article iii seventh amendment rev hereinafter gibson note bankruptcy amendments federal judgeship act impact right jury trial bankruptcy tex tech rev whatever proper construction petitioners concede section entitle jury trial section amendments stat bars application cases title code pending date enactment act proceedings arising related cases chase sanborn petition reorganization pending date predecessor stated chapter title affect right trial jury case title proceeding arising title arising related case title provided statute effect september seem afford petitioners statutory basis claim recognize apparently repealed amendments see gibson king jurisdiction procedure bankruptcy amendments vand rev brief respondent petitioners therefore appear correct concluding absent specific legislation force providing jury trials cases filed july tried afterwards right jury trial proceeding must necessarily predicated entirely seventh amendment brief petitioners see also brief respondent quite distinct inquiry whether congress permissibly entrusted resolution certain disputes administrative agency specialized equity whether jury trials impair functioning legislative scheme appears contemplated ross bernhard identified practical abilities limitations juries additional factor consulted determining whether seventh amendment confers jury trial right see tull atlas roofing occupational safety health review consider issue part iv infra contrary justice white contention see post declare seventh amendment provides right jury trial legal rather equitable claims claim legal nature asserts public right define term part iv seventh amendment entitle parties jury trial congress assigns adjudication administrative agency specialized equity see infra seventh amendment protects litigant right jury trial cause action legal nature involves matter private right rather list english cases support contention fraudulent monetary transfers traditionally cognizable equity respondent cites three recent cases courts appeals cases however weaken rather bolster respondent argument graham held seventh amendment jury trial right suit equitable remedy setting aside alleged fraudulent conveyance real estate bankrupt respect suits like respondent expressly noted action creditor seeking money damages action law citations omitted damsky zavatt also involved conveyance real estate acknowledged jury trials ordinarily available respect monetary claims see holdings questionable moreover extent tension decision whitehead shattuck although scholarly support claim actions recover real property quintessentially equitable actions see glenn fraudulent conveyances preferences pp rev ed whitehead stated action simply recovery possession specific real personal property recovery money judgment action one law action recovery real property including damages withholding always class right case plaintiff wishes assert title certain real property remedy wishes obtain possession enjoyment contest title parties constitutional right call jury finally respondent misreads harbour fourth circuit relied case authorities referred distinguishing suits recover fraudulent transfers bankruptcy proceedings holding seventh amendment right jury trial longer extends actions based historical analysis accords erroneous belief congress possesses power assign jurisdiction fraudulent conveyance actions bankruptcy courts sitting without juries case therefore lends support respondent historical argument citing several authorities justice white contends ther scholars looked history come different conclusion post assertion however lacks support claims exception justice gray opinion drake rice mass roberts treatise none authorities cited much mentions english practice although collier offers opinion actions set aside fraudulent transfers equitable nature collier bankruptcy ed refers recent cases defending opinion acknowledging courts disagreed bump wait limit citations decisions refusing analyze earlier english cases see bump conveyances made debtors defraud creditors ed wait fraudulent conveyances creditors bills sure drake rice justice gray says law england american revolution fraudulent conveyances choses action though specified statute elizabeth equally void nature subject remedy creditor must sought equity reason suits recover fraudulent transfers choses action brought equity justice gray points attached levied upon see also bump supra remedy law property taken execution attachment justice gray summary english practice extend cases involving monetary transfers adequate remedy existed law passage justice white cites roberts treatise obscure speak squarely question whether english courts equity hear cases legal remedies sufficient see roberts voluntary fraudulent conveyances ed respondent claims seek avoidance allegedly fraudulent transfers restitution funds actually transferred maintains petitioners made restitution impossible transferred funds distinguished dollars petitioners bank accounts see brief respondent avoidance restitution classical equitable remedies says petitioners entitled trial jury find strained attempt circumvent precedent unpersuasive dollars fungible respondent requested accounting specifically equitable form relief complete remedy available law equity countenance action complete relief may obtained law see schoenthal irving trust moreover plaintiff entitled return funds transferred violation supp judge lacks equitable discretion refuse enter award less amount transfer distinction might exist damages monetary relief different label purely semantic relevance adjudication petitioners seventh amendment claim cf albemarle paper moody rehnquist concurring indeed even checks respondent seeks recover lay untouched petitioners offices legal remedies apparently sufficed see adams champion whitehead shattuck although left term public rights undefined atlas roofing occupational safety health review cited crowell benson approvingly crowell defined private right liability one individual another law defined contrast cases arise government persons subject authority connection performance constitutional functions executive legislative departments proposition firmly established atlas roofing supra omitted congress required seventh amendment choke already crowded federal courts new types litigation prevented committing new types litigation administrative agencies special competence relevant field case even seventh amendment required jury adjudication rights assigned federal law instead administrative agency atlas roofing stated cases involve private rights accepted factfinding administrative agency without intervention jury adjunct art iii analogizing agency jury special master permitting admiralty cases perform function special master statement however must read context first referred explicitly congress power disputes concern private rights provide administrative factfinding instead jury trials admiralty cases civil causes action admiralty however suits common law seventh amendment purposes thus constitutional right jury trial attaches waring clarke second statement taken mean congress may assign least initial factfinding cases involving controversies entirely private parties administrative agencies tribunals involving juries long established adjuncts article iii courts congress render seventh amendment nullity rather statement citing crowell benson means cases involving private rights term defined crowell used atlas roofing namely encompassing disputes federal government party sovereign capacity may congress dispense juries factfinders choice adjudicative forum cases congress may decline provide jury trials ones involving statutory rights integral parts public regulatory scheme whose adjudication congress assigned administrative agency specialized equity whatever terminological distinctions atlas roofing may suggested refer rights public rather private suggest restructuring relations fact public right thesis met substantial scholarly criticism see gibson currie bankruptcy judges independent judiciary creighton rev baird bankruptcy procedure rights lessons gibbons marathon sup rev need seek defend point even one accepts thesis seventh amendment entitles petitioners jury trial see northern pipeline construction marathon pipe line opinion brennan restructuring relations core federal bankruptcy power must distinguished adjudication private rights right recover contract damages issue case former may well public right latter obviously although said katchen landy petitioner might entitled jury trial presented claim bankruptcy estate approving references schoenthal also adams champion buffum barceloux see demonstrate intend cast doubt proposition petitioner katchen entitled jury trial entered claim estate bankruptcy trustee requested solely legal relief merely left open possibility jury trial might required cases preference avoidance actions equitable character katchen supra adopted rationale articulated alexander hillman citations omitted presenting claims respondents subjected consequences attach appearance respondents contention means invoking jurisdiction establish right participate distribution may deny power require account misappropriated behalf creditors stockholders receivers reasonably may insist taking aught respondents may receivership required make restitution requirement harmony rule generally followed courts equity jurisdiction parties controversies brought decide matters dispute decree complete relief hardly needs pointing justice white assertion see post case controlled statement katchen makes difference far petitioner seventh amendment claim concerned whether bankruptcy trustee urges objection also seeks affirmative relief entirely unfounded read context statement merely means creditor filed claim estate bankruptcy trustee may recover full amount preference received even amount exceeds amount creditor claim statement says nothing creditor seventh amendment right jury trial trustee preference action creditor entered claim estate adventitious relation trustee fraudulent conveyance actions reorganization proceedings recognized schoenthal katchen federal bankruptcy legislation acknowledged treating plenary actions defendant made claim estate congress expressly provided jury trial rights evidenced events case respondent fraudulent conveyance action filed well bankruptcy approved plan reorganization chase sanborn tangible assets business liquidated reply brief petitioner course amendments altered statutory scheme formed backdrop discussion atlas roofing connection depriving persons filed claims estate statutory right jury trial trustee sues recover alleged fraudulent conveyance preferential transfer amendments alter nature trustee claim relief entitled say failure respect congress reclassification causes action go far dismantle statutory scheme simply partly define new statutory scheme render test empty tautology say course contrary justice white assertion see post regard congress amendments bankruptcy statutes act whimsy sweeping changes congress instituted clearly intended make reorganization process efficient justice white quotation senate report indicates radical reforms whose legislative history dissent relies work slightest alteration right jury trial alleged recipients fraudulent conveyances change came although enhanced efficiency likely congress aim neither justice white justice blackmun points statement legislative history amendments confirming supposition respect preference actions particular important offer evidence congress considered propriety action seventh amendment house report cited justice blackmun see post advocated conferring article iii status bankruptcy judges favored approach therefore eliminated problem us clearly entitling petitioners jury trial seventh amendment see pt pp approach rejected senate defending alternative proposal ultimately prevailed however senate report justice blackmun refers neglects discuss specifically inclusion preference actions class core proceedings potential difficulties seventh amendment assignment might give rise see pp apparently senate judiciary committee overlooked problem entirely thus amendments denial right jury trial preference fraudulent conveyance actions hardly said represent congress considered judgment constitutionality change respondent argues example prompt resolution fraudulent transfer claims brought bankruptcy trustees often crucial reorganization process demanding jury trial party delay proceedings alter negotiating framework unfairly extract favorable terms brief respondent warrants notice however provision jury trials fraudulent conveyance actions apparently attended substantial difficulties previous bankruptcy statutes respondent pointed discussion allegedly serious problem legislative history act amendments many cases defendants likely request jury trials causes action recover preferences may assigned pursuant plan reorganization rather pursued prior plan approval done case congress enacting supp explicitly provided jury trials personal injury claims likely take much longer try preference actions often involve large sums money one commentator noted interpretation katchen delay expense exception seventh amendment negated rejection argument delay even significant problem jury prejudice override seventh amendment katchen reference delay expense must therefore read part consideration whether legal remedy become sufficiently adequate result shifting boundaries law equity minimum delay expense language katchen must read light petitioner demand stay bankruptcy action institution separate suit different qualitatively different type delay expense delay expense providing jury trial action latter never override beacon theatres dairy queen wood warner footnotes omitted see justice white accuses us rather coy statute invalidating post preferring obtuse must preside jury trial petitioners entitled post however helpful might us adjudge every pertinent statutory constitutional issue presented act amendments properly reach decide matters us question called upon answer case whether seventh amendment grants petitioners right jury trial hold unequivocally justice scalia concurring part concurring judgment join part iv opinion make exception agree premise discussion federal government need party case revolve around public rights ante quoting thomas union carbide agricultural products view matter public rights whose adjudication congress may assign tribunals lacking essential characteristics article iii courts must minimum arise government others northern pipeline construction marathon pipe line plurality opinion quoting ex parte bakelite quite recently also consistent view see presence proper party necessary sufficient means distinguishing private rights public rights atlas roofing occupational safety health review public rights cases cases government sues sovereign capacity enforce public rights created statutes noting distinction cases private right arise government persons subject authority situations involving public rights government involved sovereign capacity otherwise valid statute creating enforceable public rights crowell benson public rights arise government persons subject authority connection performance constitutional functions executive legislative departments ex parte bakelite supra public rights arising government others nature require judicial determination yet susceptible murray lessee hoboken land improvement plaintiff argument controversy susceptible judicial determination must judicial controversy heard article iii leaves view fact party notion power adjudicate legal controversy two private parties may assigned iii yet federal tribunal entirely inconsistent origins public rights doctrine language article iii course admits exceptions directs unambiguously judicial power shall vested one inferior courts congress may time time ordain establish murray lessee supra however recognized category public rights whose adjudication though judicial act congress may assign tribunals lacking essential characteristics article iii courts case involved act may stat established summary procedure obtaining collectors federal revenue funds owed treasury procedure federal auditor made determination funds due distress warrant issued solicitor treasury authorizing marshal seize sell personal property collector convey real property satisfaction debt lien upon real property effective upon marshal filing distress warrant district district property located debtor however bring challenge distress warrant district judicial challenge every fact upon legality remedy depends may drawn question murray lessee involved dispute title lands owned former collector customs treasury auditor adjudged deficient remittances defendant purchased land marshal sale pursuant duly issued distress warrant apparently contested collector district proceeding plaintiff acquired land pursuant execution judgment collector execution occurred marshal sale marshal filing distress warrant establish lien brought action ejectment try title argued inter alia process defendant obtained title violated article iii adjudication collector indebtedness inherently judicial act lawfully performed treasury auditor article iii rejected contention observing although auditing accounts receiver public moneys may enlarged sense judicial act english american traditions established without consent congress give rise judicial controversy within meaning article iii course answering plaintiff rejoinder holding uttered words giving birth public rights doctrine plaintiff argued correct matter nature judicial controversy congress make give jurisdiction district courts bills permitted filed collectors challenging distress warrants fact congress enabled district pass upon conclusive evidence judicial controversy argument said leaves view fact party unlike private party acts extrajudicially recapture property marshal executes distress warrant made responsible judicial tribunal obeying lawful command government government gave command sued without consent even though issue question appropriate matter judicial controversy ibid congress however waive immunity permit challenges factual bases officers actions article iii courts waiver place proceeding courts unconditionally ab initio may consent sued may yield consent upon terms restrictions may think ibid thus summed passage establishing doctrine issue matters involving public rights may presented form judicial power capable acting susceptible judicial determination congress may may bring within cognizance courts may deem proper emphasis added thomas union carbide agricultural products however decided interpret phrase public rights though developed context discussed bear meaning described pronounced far tell sheer force office applies right closely integrated public regulatory scheme matter appropriate agency resolution limited involvement article iii judiciary emphasis added doctrine reflects announced simply pragmatic understanding congress selects method resolving matters conclusively determined executive legislative branches danger encroaching judicial powers reduced quoting northern pipeline supra without pointing murray lessee adjudications private rights conclusively determined executive legislative branches select category private rights government thus held thomas first time purely private federally created action require article iii courts view constitutional basis decision purport faithful origins public rights doctrine murray lessee replace careful analysis case reasoning identifies discrete category judicial acts time constitution adopted thought implicate judicial controversy lines sought established constitution matter pragmatic understanding counted evaluation whether danger encroaching judicial powers phrase drained constant content much term thomas commodity futures trading schor reconfirmed error embracing analysis thomas describing greater length new article iii standard established seems standard reviewing article iii challenges weighed number factors none deemed determinative eye practical effect congressional action constitutionally assigned role federal judiciary among factors upon focused extent essential attributes judicial power reserved article iii courts conversely extent iii forum exercises range jurisdiction powers normally vested article iii courts origins importance right adjudicated concerns drove congress depart requirements article iii citing thomas supra return longstanding principle public rights doctrine requires minimum party adjudication basis concur conclusion part iv opinion article iii concomitant jury trial eliminated since join remainder opinion concur judgment well justice white dissenting decision today calls question several previous decisions strikes least one federal statute potentially concludes first time seventh amendment guarantees litigants specialized iii forum right jury trial accept departures established law respectfully dissent explore approach analyzing issues presented case first take question precedent directly disregards today katchen landy though professes overrule decision curiously acting reliance see ante simply way reconcile decision katchen holds today katchen petitioner filed claim bankruptcy proceeding recover funds alleged due bankrupt estate respondent trustee resisted paying claims based old bankruptcy act forbade payments creditors holding void voidable preferences petitioner claimed much petitioners question whether prior payments preferences matter adjudicated without benefit jury trial rejected claim holding seventh amendment right jury trial claims katchen katchen issue preference tried without jury purpose denying filed claim pursuant money judgment amount preference entered without jury trial makes difference far petitioner seventh amendment claim concerned whether bankruptcy trustee urges objection also seeks affirmative relief holding dispositively settles question us today like petitioner katchen petitioners case seventh amendment right jury trial respondent trustee seeks avoid allegedly fraudulent transfers received order escape force katchen holding exploits circumstances decision made notably time katchen decided bankruptcy act force act include actions set aside voidable preferences among proceedings covered act thus clause opinion katchen supra today puts much weight petitioner might entitled jury trial issue preference presented claim bankruptcy proceeding awaited federal plenary action trustee see ante simply stated truism act force time petitioner presented claim bankruptcy jurisdiction perform summary adjudication preference entitlement however heavily relies solely product statutory scheme existence time next phrase appearing katchen decision make little sense hen issue validity preference arises part process allowance disallowance claims triable equity katchen supra katchen makes clear congress commit issue recovery preference adjudication bankruptcy proceeding seventh amendment inapplicable limits act prevented case instances thereby left katchen possibility jury trial right today bankruptcy code markedly different specifically bankruptcy amendments federal judgeship act amendments action recover fraudulently transferred property classified core bankruptcy proceeding see supp katchen day special circumstances adjudicating preference committed bankruptcy proceedings today congress expressly designated adjudication preference fraudulent transfer core bankruptcy proceeding portion katchen relies petitioner might entitled jury trial issue preference presented claim bankruptcy proceeding awaited federal plenary action trustee see ante therefore relic history true decision schoenthal irving trust holding uits recover preferences constitute part proceedings bankruptcy merely reflected statutory scheme recognizes distinction earlier law present code calls change purely taxonomic one alter seventh amendment analysis ante disagree two reasons first change significant illustrates state law time katchen explains case came hypocritical rely katchen statement existence jury trial entitlement petitioner claim dismiss taxonomic change wiped jury entitlement least profoundly shifted basis fundamentally inclusion actions recover fraudulently conveyed property among core bankruptcy proceedings meaning beyond taxonomic explain detail see part infra long recognized forum claim heard plays substantial role determining extent seventh amendment jury trial right exists put katchen cases bankruptcy many incidental questions arise course administering bankrupt estate ordinarily pure cases law respect facts triable jury belonging bankruptcy proceedings become cases bankruptcy acts equity exercises exclusive control thus claim debt damages bankrupt investigated chancery methods katchen supra quoting barton barbour essence rejection katchen classification change effected act taxonomic comes conclusion fraudulent conveyance action issue part process allowance disallowance claims ante quoting katchen misses katchen point however fact congress committed determination recovery preferences bankruptcy proceedings determinative case bare fact action happened take place process adjudicating claims determinative element present amendments congress unmistakably intended fraudulent conveyances adjudicated recovered bankruptcy accordance usual procedures perhaps respect means something akin later restatement position namely amendments simply reclassified cause action integrally related reformation relations ante indicates pay little heed congressional inclusion avoidance recovery proceedings core bankruptcy jurisdiction since choice made congress found traditional rights remedies inadequate cope manifest public problem ibid misguided view congressional enactment crux problem approach determine action recover fraudulently conveyed property integrally related essence bankruptcy proceedings certainly reference current statutory definition core bankruptcy proceedings enacted congress plenary constitutional power see art cl establish bankruptcy laws discussed preceding paragraph vision integrally related resolution conflicts includes sort action us today see supp find support contrary understanding petitioners submission concedes action question brought recover monies properly part debtor estate ratably distributed among creditors fraudulent transfers put risk basic policy distribution underlies bankruptcy law brief petitioners seems belie view actions set aside fraudulent conveyances integrally related reforming relations conclusion nature actions recover fraudulently transferred property supportable either reference state american bankruptcy law prior adoption code reference practice english courts draws conclusions based fact actions considered part bankruptcy proceedings bankruptcy acts generally federal bankruptcy statutes predating code treated power given congress article cl disposable battery good limited period power consumed use discarded considered future value power congress clause plainly limited merely congress scheme actions one solely heard plenary proceedings article iii courts seventh amendment attached impugn legality every possible arrangement see also part infra perhaps instead rests conclusion practice english courts take issue view old english law even correct see article power restricted see ibid one final observation respect katchen attempts distinguish katchen saying jury trial needed funds dispute part bankruptcy estate ante decision katchen turned bankruptcy actual constructive possession bankruptcy estate writes ibid quoting obviously case bankruptcy similarly actual constructive possession bankruptcy estate certainly much constructive possession property sought preference recovered katchen thus true katchen funds dispute part bankruptcy estate bankruptcy code defines estate comprised following property wherever located whomever held including ny interest property trustee recovers provision authorizing actions recover fraudulently transferred property supp consequently even accurate pinpointing dispositive fact katchen decision fact equally points towards ruling trustee sum find holding katchen underlying logic dictate affirmance decision today amounts nothing less sub silentio overruling precedent ii even question us one first impression however decision katchen guide us dissent decision cases determination whether seventh amendment guarantees jury trial petitioners claims must turn two questions first forum claims heard second nature claims weighing factors must point toward application seventh amendment guarantee attach read opinion one might think seventh amendment concerned nature claim claim legal announces seventh amendment guarantees jury trial claim ante wrong istory cases support proposition right jury trial turns solely nature issue resolved also forum resolved atlas roofing occupational safety health review perhaps like katchen atlas roofing longer good law today decision examination issue us reveals though decision today prior rulings error obvious case held seventh amendment apply suit common law heard state minneapolis bombolis woods holy cross hospital even exclusive focus claim issue purport hold fraudulent conveyance action brought state covered seventh amendment action one common law view seventh amendment apply federal forums seventh amendment applicable administrative proceedings example tull forums jury trials incompatible whole concept administrative adjudication seventh amendment application atlas roofing supra emphasis deleted quoting pernell southall realty thus often looked character federal forum claim heard asking jury place forum determining seventh amendment guarantee jury trial apply specifically relevant case indicated several previous occasions bankruptcy courts nature courts equity forums jury place bankruptcy specialized equity forum jury place atlas roofing supra consequently seventh amendment application courts recognized bankruptcy traditionally viewed equity jury trials dismember statutory scheme bankruptcy act curtis loether atlas roofing curtis countless cases recognized congress power entrust enforcement statutory rights specialized equity free strictures seventh amendment curtis supra prior cases emphatically hold bankruptcy courts specialized courts equity indeed stated bankruptcy courts inherently proceedings equity katchen landy see also local loan hunt today never held party bankruptcy seventh amendment right jury trial claims course actually hold today preferring obtuse petitioners going obtain jury trial deems entitled see ante blithely ignoring relevance forum congress designated hear action focusing instead exclusively legal nature petitioners claim turns back long line cases rested varying degrees point decision today ignores statement atlas roofing even seventh amendment required jury adjudication types rights assigned federal law instead administrative agency constitutional provision apply congress assigns adjudication rights specialized tribunals juries place atlas roofing indeed observed atlas roofing even true english american legal systems time adoption seventh amendment question whether fact found jury turned considerable degree nature forum litigant found decision also substantially cuts back congress power assign selected causes action specialized forums tribunals bankruptcy courts holding forums employ juries hearing claims like one us today requirement subverts large part congress decision create forums first place past decisions accorded congress far discretion making assignments thus block hirsh found seventh amendment objection amount ed little congress assigned essence action ejectment specialized administrative tribunal reiterated vitality block hirsh recently decision pernell southall realty supra principle reaffirmed several cases two decisions see infra pernell referring block hirsh stated seventh amendment bar congressional effort entrust disputes including right possession administrative agency pernell supra yet extent disputes involve matters legal nature clearly decision today means congress said block pernell finally ruling today ignores several additional reasons juries place bankruptcy courts specialized courts equity like first two principal rationales existence seventh amendment guarantee notions jury equity juries serving popular checks judges inapt bankruptcy courts one scholar noted kept civil jury check federal judge whose life tenure makes suspect populist traditions country function civil jury diffuse otherwise autocratic power authority judge function little application civil proceedings occur bankruptcy condition autocracy bring underlying values seventh amendment force present right jury trial therefore application hearings subcommittee constitution senate committee judiciary statement paul carrington beyond redundancy requirement juries used bankruptcy courts disruptive unravel statutory scheme congress created dismisses prospect scoffs seriously argued permitting jury trials sort claim undermine statutory bankruptcy scheme ante yet argument seriously made actually accepted curtis loether curtis observed katchen rejected seventh amendment claim similar one us today due recogni tion bankruptcy traditionally viewed equity jury trials dismember statutory scheme bankruptcy act curtis supra see also atlas roofing occupational safety health review fear decision today desultory effect feared curtis decided say congress vitiate seventh amendment assigning claim wishes specialized tribunal juries employed cf atlas roofing supra cases require second inquiry one focuses exclusively upon concerning nature claim assigned resolve query properly begins analysis look english practice century see ante conducting review confidence england equity adjudicated respondent suit ante conducting review brought law perhaps even might litigated common case review english cases relevant period leaves unconvinced chancery refused hear action conclusion today confesses courts equity sometimes provided relief fraudulent conveyance actions ante chancery put stronger though courts equity certainly habit exercising concurrent jurisdiction courts law statutes elizabeth respecting fraudulent conveyances hobbs hull cox eng rarely plain statement prevailing english practice time ratification seventh amendment discovered one alone enough make respondent case yet instead accepting pronouncement equity jurisdiction assumes role high historical review questioning soundness hobbs decision issued without adequate supporting citations ante similar criticism levied another case period ex parte scudamore ves jun eng ch even concedes demonstrates fraudulent conveyance actions brought equity ante addition nitpicking respondent supporting case law oblivion general rejection respondent claim rests two sources passing citation wholly inapposite case buzard houston lengthy quotation professor glenn treatise fraudulent conveyances see ante deny professor glenn work supports historical view adopts today notwithstanding scholarly eminence professor glenn view english equity courts done action one dispositive scholars looked history come different conclusion still others questioned soundness distinction professor glenn drew suits set aside monetary conveyances suits avoid conveyances land unwise unsupported see wencl bkrtcy dc indeed pages rests analysis case law professor glenn writing dismisses aspect professor glenn historical conclusions see ante embraces professor glenn treatise agrees calls authoritative rejecting portions finds troublesome trying read ambiguous history concerning fraudulent conveyance actions equity task finds simple today perplexed jurists era come conflicting decisions time question found relevance even schoenthal time statutory regime applicable case decided many courts reviewing historical sources considered us today concluded actions one sounded equity see schoenthal irving trust note yale recent times impressive collection courts come similar conclusion finding actions avoid fraudulent conveyances historically considered equitable nature sum think fair reading history understanding inevitably obscured passage time irretrievable loss subtleties interpretation clearly proves disproves respondent action sounded equity england historical evidence thus equipoise nature relief sought dispositive either see supra hesitate defer congress exercise power express constitutional grant found article cl authorizing congress establish uniform laws subject bankruptcies congress exercised power defining actions one us among core bankruptcy proceedings triable bankruptcy bankruptcy judge without jury defer decisions however finds congressional judgments constitutionally suspect acknowledging sure owe deference congress judgment given careful consideration legislative enactment declines defer respondent adduced evidence congress considered constitutional implications designation fraudulent conveyance actions core proceedings ante see also ante statement remarkable assumed congress enacting supp ignored constitutional implications say draws requirement congress must provide us indication considered constitutional dimensions decision acting prerequisite obtaining deference enactments moreover cramped view congress power bankruptcy clause enlarge scope bankruptcy proceedings ignoring changing times dictate changes proceedings stands sharp contrast generous view expressed years ago fundamental radically progressive nature congressional extensions scope bankruptcy laws becomes apparent upon mere statement taken altogether demonstrate striking way capacity bankruptcy clause meet new conditions disclosed result tremendous growth business development human activities present day acts though may gone beyond limit congressional power rather constituted extensions field whose boundaries may yet fully revealed continental illinois national bank chicago one period leading constitutional historians expressed view saying framers bankruptcy clause clearly understood building restrain growth shackle spirits descendents time come rather attempting devise scheme firm nevertheless flexible enough serve varying social needs changing generations warren bankruptcy history today ignores lessons places straitjacket congress power bankruptcy clause straitjacket designed era reader dickens aware known enlightened thinking relations indeed calls question longstanding assumption cases bankruptcy courts equitable proceedings courts adjudicating disputes adjudications concerning public rights see northern pipeline construction marathon pipe line rehnquist concurring judgment burger dissenting white dissenting list lower opinions reasoned assumption lengthy reasonably include text mere sampling fills margin yet today calls doubt merely cases subjected substantial scholarly criticism ante part bankruptcy proceedings involve adjudication public rights implies today bankruptcy proceedings saved strictures seventh amendment extent proceedings descendants earlier analogues heard equity england almost every historian observed period marked far restrictive notion equitable jurisdiction bankruptcies see warren supra decision today may threaten efficacy bankruptcy courts constituted see reason use seventh amendment tool achieve dubious result iii find decision odds precedent peculiarly eager embark unclear course seventh amendment jurisprudence respectfully dissent discuss fully opinion read overruling severely limiting relevant portions following cases atlas roofing occupational safety health review katchen landy block hirsh barton barbour plus perhaps others like much else opinion rather coy disclosing federal statute invalidating today perhaps supp statute includes actions avoid recover fraudulent conveyances among core bankruptcy proceedings permits bankruptcy judges enter final judgments core proceedings given inclusion fraudulent conveyance actions among proceedings perhaps supp limiting jury trial rights bankruptcy perhaps part title combination way congress lower article iii courts bankruptcy courts creditors debtors matter know expected respond decision even wish diligent conforming behavior today mandate see especially part ante though denies coy obtuse steadfastly refuses end disclose statute finds unconstitutional today see ante seventh amendment provides suits common law value controversy shall exceed twenty dollars right trial jury shall preserved addition points make disagree portrayal congress expansion bankruptcy jurisdiction include actions one act whimsy fact congress first swept proceedings like fraudulent conveyance suit us jurisdiction bankruptcy courts legislating sense traditional rights remedies inadequate cope manifest public problem major impetus underlying reform legislation need enlarge jurisdiction bankruptcy order eliminate serious delays expense duplications associated current dichotomy summary plenary jurisdiction jurisdictional limitations presently imposed bankruptcy courts embroiled parties voluminous litigation response legislative history makes two points first observes reports concerned code amendments latter notes stripped petitioners jury trial right ante analysis technically correct ignores fact code undertook use description radical refor bankruptcy law including absorption fraudulent preference actions used plenary jurisdiction bankruptcy courts change laid groundwork pipeline act issue second importantly acknowledges congress adopted amendments motivated efficiency concerns basis legislation ante thus concedes fundamental point congress modified traditional jurisdictional scheme concerning fraudulent conveyance actions congress found traditional approach inadequate cope manifest public problem atlas roofing occupational safety health review even description case ante suffice permit congress limit jury trial rights claims instead concluding however retreats atlas roofing earlier analysis holds congress enactments control adopting congress failed make considered judgment constitutionality change ante observe infra elevating inquiry status unprecedented seventh amendment cases unwise since relevant factors point application seventh amendment resolving case require offering comprehensive view factors balanced ambiguity however creation rather comes apparent inconsistency case law example cases brought state courts never subject seventh amendment matter nature claim conversely decision northern pipeline construction marathon pipe line sort contract claim issue never assigned congress anything article iii tribunal seventh amendment apply see also post blackmun dissenting cases look factors without altogether clear relative import whatever shortcomings opinion failing resolve difficult balancing question remains superior method balancing concerns amounts balancing instead focuses solely nature claim whether legal whether concerns public right see ante determining seventh amendment applies decision katchen described act convert ing legal claim equitable claim often cited principle upholding power congress take causes action outside scope seventh amendment providing enforcement specialized see friedenthal kane miller civil procedure see collier bankruptcy ed bump conveyances made debtors defraud creditors ed wait fraudulent conveyances creditors bills drake rice mass gray roberts voluntary fraudulent conveyances ed see graham damsky zavatt friendly action bankruptcy trustee set aside fraudulent conveyance long cognizable equity johnson gardner see also harbour durbin sd hendon pools michigan ed southern industrial banking bkrtcy ed think clear seems simply remedy sought respondent expressed monetary terms relief seeks therefore legal nature equitable ante accepted view award monetary relief must necessarily legal relief curtis loether previously recognized actions disgorge improperly gained profits tull return funds rightfully belonging another curtis supra submit specific funds wrongfully withheld bowen massachusetts equitable actions even though relief seek monetary restitutionary nature respondent action petitioners class seeking similar remedy trustee simply ask ing act public interest restoring status quo ordering return rightfully belongs estate uch action within highest tradition equity porter warner matter whether respondent seeking returned precise cashier checks petitioner medex possession one time funds yielded medex cashing checks turn case distinction give entities medex position incentive consummate fraudulent transfers quickly possible hardly desirable one host bankruptcy courts recognized much see wencl dc reda nd irony rebuke congress congress decision include actions avoid recover fraudulent conveyances among core bankruptcy proceedings found inspiration emergency rule drafted issued administrative office courts december govern practice bankruptcy courts following decision northern pipeline see emergency rule related proceedings include proceedings set aside preferences fraudulent conveyances see also addison ed jurisdictional provisions bankruptcy amendments closely parallel emergency reference rule treister trost forman klee levin fundamentals bankruptcy law ed describing portion emergency rule forerunner amendments learn today retrospect emergency rule unconstitutional failure include jury trial right actions avoid fraudulent conveyances appears congress failed duty give adequate consider ation constitutional implications actions cf ante particularly unfortunate today ruling may first time ever struck congressional designation particular cause action equitable nature see note congressional provision nonjury trials yale never rejected congressional indication action equitable nature cf curtis loether supra congressional enactment respond seventh amendment concerns past far deferential congress designations regard see mitchell robert demario jewelry porter warner supra cases decided since northern pipeline appeals alone include harbour wood mankin cert denied sub nom munn duck arnold print works briden foley kaiser many cases found reports decisions district courts bankruptcy courts indicative approach throughout opinion virtually every key holding announced today rests citation scholarly authority precedent includes holdings action issue cognizable law england ante fraudulent conveyance actions nearly resemble contract claims creditors hierarchically ordered claims pro rata share bankruptcy res ante congress eliminate jury trial right sort action placing specialized equity ante short three critical holdings issued opinion like think analysis learned commentators useful tool enhance understanding law field bankruptcy unlike however use views scholars basis disposing case us particularly views counsel rejection otherwise viable strains case law see gibson jury trials bankruptcy rev cited ante believe either petitioner entitled jury trial seventh amendment reach question whether petitioner granfinanciera deprived seventh amendment rights might otherwise due status instrument foreign sovereign like leave another day resolution difficult question ante justice blackmun justice joins dissenting agree generally justice white said write separately clarify particularly mind nature relevant inquiry determine petitioners statutory right jury trial must embark seventh amendment inquiry set forth atlas roofing occupational safety health review first must determine whether matter adjudicated legal rather equitable nature determination turns nature claim relief sought claim relief deemed equitable need go seventh amendment right applies actions law case historical inquiry made difficult fact federal rules civil procedure unified law equity parties might drawn equity side needed procedural tools interim remedies discovery accounting power clear title like light frequency tools likely needed fraud cases kind surprise justice white points fraudulent conveyance actions even cognizable law often found equity docket see generally bump conveyances made debtors defraud creditors ed wait fraudulent conveyances creditors bills roberts voluntary fraudulent conveyances ed procedural dimension choice law equity lends tentative quality lessons may draw history uncertainty historical record lead us purposes present inquiry give constitutional right jury trial benefit doubt indeed difficult otherwise decision schoenthal irving trust schoenthal turned legal nature preference claim relief sought rather upon legal nature tribunal plenary proceedings assigned bankruptcy act historical evidence thus equipoise ante white dissenting schoenthal weighing legal side scale turn second stage atlas roofing inquiry ask whether assuming claim legal nature congress assigned adjudicated special tribunal jury incompatible atlas roofing see also tull agree justice white katchen landy interpreted atlas roofing requires conclusion courts exercising core bankruptcy functions equitable tribunals jury place go far dismantle statutory scheme atlas roofing agree justice white ante improper employ seventh amendment analysis conception central bankruptcy process conception congress expressly rejected among vices trivialize efforts congress engaged decade bring bankruptcy system modern era nonetheless limits congress constitutionally may designate core proceeding designation impact constitutional rights congress example designate core bankruptcy proceedings contract actions brought debtors third parties otherwise northern pipeline rendered nullity case however congress exceeded limits although causes action recover fraudulent conveyances exist outside federal bankruptcy laws problems created fraudulent conveyances particular significance bankruptcy process indeed reason bankruptcy code long included substantive legislation regarding fraudulent conveyances preferences cause action respondent brought case arises federal law see substantive legislation jurisdictional artifice reflects instead congress longstanding view fraudulent conveyances preferences eve bankruptcy common methods debtors creditors act undermine one central goals bankruptcy process fair distribution assets among creditors congress conclusion proper functioning bankruptcy system requires expert judges handle claims claims given higher priority receive crowded district civil jury docket see senate report house report entitled respect fact reorganization plan case provided creditor representatives bring fraudulent conveyance actions plan approved render relationship fraudulent conveyance actions bankruptcy process adventitious ante majority opinion creditors less likely approve plan forced undertake burden collecting fraudulently transferred assets assured claims receive expert expedited treatment sum must acknowledged congress legislated treacherously close constitutional line denying jury trial fraudulent conveyance action defendant claim estate nonetheless given significant federal interests involved importance permitting congress long last fashion modern bankruptcy system places basic rudiments bankruptcy process hands expert equitable tribunal say congress crossed constitutional line facts case holding otherwise today throws congress still another round bankruptcy reform without compelling reason need us rock boat case accordingly dissent