Byron White

“ The Court's decision today ignores our statement in Atlas Roofing that "even if the Seventh Amendment would have required a jury where the adjudication of [some types of] rights is assigned to a federal court of law instead of an administrative agency," this constitutional provision does not apply when Congress assigns the adjudication of these rights to specialized tribunals where juries have no place. ”

“ After conducting this review, the Court states with confidence that "in 18th-century England . . . a court of equity would not have adjudicated" respondent's suit. Ante, at 47. While I agree that this action could have been brought at law-and perhaps even that it might have been so litigated in the most common case-my review of the English cases from the relevant period leaves me unconvinced that the chancery court would have refused to hear this action-the Court's conclusion today.
The Court itself confesses that "courts of equity sometimes provided relief in fraudulent conveyance actions." ”

“ If it were not, the next phrase appearing in the Katchen decision would make little sense: " [W] hen the same issue [i.e., validity of a preference] arises as part of the process of allowance and disallowance of claims, it is triable in equity." Katchen, supra, at 336, 86 S.Ct., at 476. Katchen makes it clear that when Congress does commit the issue and recovery of a preference to adjudication in a bankruptcy proceeding, the Seventh Amendment is inapplicable. ”

“ And these acts, far-reaching though they may be, have not gone beyond the limit of congressional power; but rather have constituted extensions into a field whose boundaries may not yet be fully revealed. ”

“ As we put it in Katchen:
" ' [I] n cases of bankruptcy, many incidental questions arise in the course of administering the bankrupt estate, which would ordinarily be pure cases at law, and in respect of their facts triable by jury, but, as belonging to bankruptcy proceedings, they become cases over which the bankruptcy court, which acts as a court of equity, exercises exclusive control. Thus a claim of debt or damages against the bankrupt is investigated by chancery methods.' " Katchen, supra, at 337, 86 S.Ct., at 477 (quoting Barton v. Barbour, 104 U.S. 126, 133-134, 26 L.Ed. 672 (1881) ) . ”

“ While in Katchen's day, it was only in special circumstances that adjudicating a preference was committed to bankruptcy proceedings, today, Congress has expressly designated adjudication of a preference or a fraudulent transfer a "core" bankruptcy proceeding. The portion of Katchen on which the Court relies-" 'petitioner might be entitled to a jury trial on the issue of preference if he presented no claim in the bankruptcy proceeding and awaited a federal plenary action by the trustee,' " see ante, at 58-is therefore a relic of history. The same is true of the decision in Schoen- thal v. ”