[CLBS] Will the jury please rise...

[D. Blair Clark]

Kelly, which judge was it?  Just curious--I've had cases over there with all
3 of the Portland judges.  

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PLLC
1513 Tyrell Lane, Suite 130
Boise, ID 83706
Telephone:    (208) 475-2050
Fax:               (208) 475-2055



-----Original Message-----
From: clbs-bounces at admws.idaho.gov [mailto:clbs-bounces at admws.idaho.gov] On
Behalf Of Kelly Greene McConnell
Sent: Wednesday, June 27, 2012 12:55 PM
To: 'Jeremy J. Gugino'; clbs at admws.idaho.gov
Subject: RE: [CLBS] Will the jury please rise...

Jeremy - I defended a fraudulent conveyance case in Oregon where we
successfully demanded a jury trial. The bankruptcy judge determined that he
did not have the authority to conduct a jury trial and the case got bumped
to the District Court. I can't remember exactly the reasoning since it was a
few years ago, but do remember that it clearly seemed the correct result at
the time.  In other words, these cases may come off the bankruptcy court
docket where jury demands are made and go to the District - unless for some
reason that has changed since my Oregon case.

Kelly Greene McConnell, Esq.
(208) 388-1282 direct line


-----Original Message-----
From: clbs-bounces at admws.idaho.gov [mailto:clbs-bounces at admws.idaho.gov] On
Behalf Of Jeremy J. Gugino
Sent: Thursday, June 21, 2012 9:01 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Will the jury please rise...

Folks:

 

An interesting decision from Judge Pappas this week in which he ruled in
favor of a request for a jury trial in  a fraudulent transfer action brought
under 544(b)/548(a).  Wow.  Given the increasing number of these actions
being brought by Trustees in this district, are juries going to become
common place in the bankruptcy court (or at least more common place)?  A
link to the decision is below.   

 

http://www.id.uscourts.gov/decisions-bk/Reynard%20v.%20Updike.memo.pdf

 

Jeremy J. Gugino

Ch. 7 Trustee

410 S. Orchard Street, Suite 144

Boise, ID 83705

208-342-1590

 

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