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: