estate upon its inception. In re M & L Business Machine Co., 59 F.3d 1078, 1082 (10th Cir.1995). Moreover, the Tenth Circuit reasoned, the bankruptcy court is the appropriate forum for effectuating protection of the estate. Id. Accordingly, the Tenth Circuit has held that a defendant has no right to a jury trial on a § 549 equitable claim to recover a post-petition transfer. Id.; see also Keller v. Blinder (In re Blinder, Robinson & Co.), 146 B.R. 28, 31 (Bankr.D.Colo.1992) (using the Granfinanciera test to deny a jury trial on a trustee’s § 549 claim, reasoning that the claim is an invocation of a trustee’s wholly equitable powers); Committee of Unsecured Creditors v. Memorial Mission Medical Ctr., Inc. (In re North Carolina Hosp. Ass’n Trust Fund), 112 B.R. 759, 762 (E.D.N.C.1990) (<HOLDING>). This court agrees with the Tenth Circuit’s
holding that there is no sixth amendment right to jury sentencing holding that there is both a statutory and a constitutional right to a jury trial under erisa because congress lacks constitutional authority to limit right to a jury holding that there is no distinction in the right to jury trial between sentencing factors and elements recognizing the right to waive a jury trial holding that there is no right to a jury trial on a  549 claim reasoning that  549 is designed to preserve estate assets enforcement of which is clearly equitable and involves the adjudication of a public right for which congress may deny the right to a jury trial