The debtor filed this adversary proceeding to collect on account for services provided. The defendant demanded a jury trial and did not consent to the bankruptcy court’s jurisdiction. The lawsuit was a simple action to recover money owed to the debtor, so the defendant was entitled to a jury trial, and the lawsuit was filed in the bankruptcy court only because the plaintiff was a debtor in bankruptcy. Because the defendant had not subjected itself to the equitable jurisdiction of the bankruptcy court by filing a claim, the bankruptcy court recommended to the district court that it withdraw the reference of the case for all further proceedings.
Date:
Wednesday, September 3, 2008
Judge:
Judge Timothy J. Mahoney (Retired)