[CLBS] Will the jury please rise...

Thu Jun 28 08:12:07 MDT 2012

In this recent Judge Pappas case, the Trustee did not take a position regarding the jury trial demand, and had not filed a notice of consent to the BK judge presiding over a jury trial (if one was available).  Consequently, Judge Pappas, while ruling that the Defendants were entitled to a jury trial, ordered the Trustee to move to withdraw the reference, so the jury trial could be heard by the District Court. 

Thus, under various statutes and rules, the BK judge can preside over a jury trial (if one is indeed available), but all parties have to consent to the BK judge presiding over the trial.  The timelines for filing consent are pretty strict.

MTC

Matthew T. Christensen
Attorney and Counselor at Law

ANGSTMAN JOHNSON 
Attorneys and Counselors
3649 N. Lakeharbor Lane
Boise, Idaho  83703
(208) 384-8588
(208) 853-0117 (fax)
mtc at angstman.com
www.angstman.com

http://emptyseareads.blogspot.com - my "book blog" (a place to comment on the books I read)

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-----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 3:44 PM
To: 'D. Blair Clark'; 'Jeremy J. Gugino'; clbs at admws.idaho.gov
Subject: RE: [CLBS] Will the jury please rise...

Judge Dunn - his Report and Recommendation attached for those interested in the issue. K

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

-----Original Message-----
From: D. Blair Clark [mailto:dbc at dbclarklaw.com] 
Sent: Wednesday, June 27, 2012 1:22 PM
To: Kelly Greene McConnell; 'Jeremy J. Gugino'; clbs at admws.idaho.gov
Subject: RE: [CLBS] Will the jury please rise...

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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