Levin v. Paige (In re Stein)

(S.D. Ind. June 2, 2017)

The district court denies the defendant’s motion to withdraw the reference in this fraudulent conveyance action. The defendant answered the complaint, requesting a jury trial and noting that he does not consent to adjudication by the bankruptcy judge. The district court acknowledges that the bankruptcy court lacks authority to conduct a jury trial without express consent of all parties. However, the district court holds that immediate transfer is not necessary. The bankruptcy court may handle all pretrial matters, and the case can be transferred to the district court if a jury trial becomes necessary. Opinion below.

Judge: Pratt

Attorneys for Trustee: Rubin & Levin, PC, James E. Rossow, Jr. John M. Rogers

Attorney for Defendant: Jeffrey O. Meunier

2017-06-02 – in re stein

Author: Matt Lindblom

Irvin v. Faller

(W.D. Ky. May 7, 2015)

The district court denies the adversary proceeding defendant’s motion to withdraw the reference. The plaintiffs obtained a state court judgment against the defendant before the defendant filed his Chapter 7 petition. The plaintiffs then commenced the adversary proceeding to have the judgment declared non-dischargeable. The court first concludes that the motion was not timely filed, as it was filed nearly a year after the adversary complaint and after substantial briefing in the bankruptcy court. The court also concludes that the defendant failed to show cause for a discretionary withdraw of the reference because the non-dischargeability action was a core proceeding and the defendant was not entitled to a jury trial. Opinion below.

2015-05-07 – irvin v faller

Author: Matt Lindblom