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Opinion 248

Case Name: 

Am. Cmty. Serv., Inc. v. Wright Mktg., Inc. (In re Am. Cmty. Serv., Inc.)

Judge: 
U.S. District Court, Utah
Date: 
Apr-29-1988
Case Number(s): 
86PC-0996
Status: 

WITHDRAWAL OF REFERENCE
Unpublished

Body: 

The district court found "cause" under 28 U.S.C. § 157(d) to permissively withdraw the reference of a non-core adversary proceeding from the bankruptcy court. In so doing, the district court held that cause for permissive withdrawal of the reference is limited to a narrow set of circumstances, the existence of which is determined on the facts presented by each particular case, and withdrawal is generally appropriate when either judicial economy would be served or a party has a right to a jury trial. In the case before it, the non-debtor defendant had a seventh amendment right to a jury trial, which it had timely demanded, and it had not consented to the bankruptcy court's jurisdiction. Reference was therefore withdrawn.

Internal Ref: 
Opinion 248
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