(N.D. Ind. Feb. 18, 2015)
The district court denies the request to withdraw the reference to the bankruptcy court. The defendants requested a jury trial in the bankruptcy court and then received an adverse ruling on their motion to dismiss. Then the defendants requested that the reference be withdrawn. The court denies the request based on the request being untimely and to discourage the apparent forum shopping. A motion to withdraw the reference should be made at the time of the jury demand. Opinion below.
Author: Matt Lindblom