Case Name:
Tracy Collins Bank & Trust Co. v. McClean (In re McClean)
Judge:
Judge Clark
Date:
Dec-20-1985
Case Number(s):
85PC-0144 and -0145
Status:
UNPUBLISHED
Body:
On debtors' demand for a jury trial on a non-dischargeability claim against them, the court determined that it was unnecessary to determine whether, or under what circumstances, it may be appropriate to preside over a jury trial, as 28 U.S.C. § 1411 did not enlarge the right to jury trial on the issue of dischargeability. Therefore, the court ruled that the action to determine dischargeability, in which the existence and amount of the debt were not at issue, fell within its equitable jurisdiction and that no right to jury trial existed.
Internal Ref:
Opinion 172
File: