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Wells Fargo Bank SD v. Troy E. Grabowska and Renee J. Grabowska (In re Grabowska)

Bankr. No.: 
03-10318
Adv. No.: 
03-1063
Chapter: 
7
Date of Decision: 
August 16, 2004
Issue: 
Whether Defendant-Debtor was entitled to a jury trial on a fraud-based nondischargeability complaint?
Ruling: 
Defendant-Debtor was not entitled to a jury trial. Nondischargeability is an equitable action in bankruptcy to which a right to a jury trial has not typically attached. Also, since this was an asset case, the Court directed that the amount of Plaintiff-creditor’s claim be determined through an objection to the creditor’s proof of claim since both Debtor and the estate had an interest in the amount of the claim. No right to a jury trial attached to the claim objection process.
Full Bankruptcy Court Decision: