Jury

JURY

In re Hickman, 384 B.R. 832 (9th Cir. BAP 2008)
Debtor’s counterclaims to a creditor’s claims in a non-dischargeability proceeding were not entitled to a jury trial in bankruptcy court, since they involved the restructuring of the debtor creditor relationship. Any jury trial right debtor may have had in another forum did not provide cause for dismissal of the bankruptcy case under § 707(a), where the debtor voluntarily submitted himself to the jurisdiction of the bankruptcy court and then failed to perform his statutory duties.

In re Healthcentral.Com, 504 F.3d 775 (9th Cir. 2007)
BLR 9015-2(b) improperly allowed the bankruptcy judge to certify that a proceeding was
to be tried to a jury. It thus ran afoul of the national rule, which requires that a party file a motion to withdraw and that the district court decide the motion. However, consistent with the Seventh Amendment, the bankruptcy judge may retain the proceeding until it is ready for trial.

In re Smith, 205 B.R. 226 (9th Cir. B.A.P. 1997)
Debtor not entitled to trial by jury in adversary proceeding involving claims by IRS

In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996)
No right to jury where proof of claim filed

In re Locke, 205 B.R. 592 (9th Cir. BAP 1996)
No right to jury trial on issues of damages/liability in dischargeablity proceeding.

In re Clay, 35 F.3d 190 (5th Cir. 1994)
Bankruptcy court lacks essential attributes of judicial power and thus can only try jury
trials upon consent.

In re Cinematronics, Inc., 916 F.2d 1444 (9th Cir. 1990)
Withdrawal of case to the district court proper because bankruptcy court could not conduct
jury trial on noncore proceeding

Mondor v. U.S. District Court for Cent. Dist. Of CA, 910 F.2d 585 (9th Cir. 1990)
Where a pre-removal jury demand would satisfy federal but not state requirements, that
demand is incorporated into the federal record upon removal and is deemed to satisfy FRCP 38(b).