Opinion

Waker v. Brown (In Re Brown)

  • 103 B.R. 734
  • 1989 Bankr. LEXIS 1458
  • 1989 WL 103595
Court
United States Bankruptcy Court, D. Maryland
Filed
Aug 21, 1989
Status
Published
Author
Schneider
On the bench
James F. Schneider
Cited by
10 cases
Authority
More cited than 83.7%

The opinion

MEMORANDUM OPINION DENYING DEBTOR’S PRAYER FOR JURY TRIAL

JAMES F. SCHNEIDER, Bankruptcy Judge.

On April 18, 1989, Lorraine Waker, a creditor, filed the instant complaint to determine dischargeability of debt. Calvin R. Brown, the debtor, filed an answer [P. 4] in which he prayed a trial by jury.

In the case of

In re Lee,

50 B.R. 683 (Bankr.D.Md 1985) this Court held that a debtor in a chapter 7 case was not entitled to a jury trial on the creditor’s complaint to determine dischargeability of debt, holding that the complaint was a core proceeding under 28 U.S.C. § 157 (b)(2)(I) to which the right to a jury trial does not attach.

Id.

at 684 .

The recent decision of the Supreme Court in

Granfinanciera v. Nordberg,

— U.S. -, 109 S.Ct. 2782 , 106 L.Ed.2d 26 (1989) does not alter the result in this case.

Granfinanciera

held that one who had not asserted a claim in a bankruptcy estate was entitled to a jury trial on a suit to recover a fraudulent conveyance brought by the bankruptcy trustee because the nature of the relief sought was legal rather than equitable (the recovery of a certain sum of money).

By contrast, the instant cause of action involving the administration of a bankruptcy estate by the bankruptcy court in the exercise of its traditional equity jurisdiction in the adjustment of the debtor-creditor relationship is equitable in nature. In the case of a complaint to determine discharge-ability, a debtor has never been entitled to a trial by jury. Therefore, the debtor in the instant case is not entitled to a trial by jury and his prayer for jury trial must be DENIED.

ORDER ACCORDINGLY.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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