Shields v. Ciccone (In Re Lloyd Securities, Inc.)

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The issue instantly presented to this court for resolution in the above-captioned adversary proceeding is whether Defendant F. EMMET CICCONE (“Ciccone”) has preserved his right to a jury trial in light of his filing, inter alia, a Counterclaim in .response to the Counts in the Complaint of ROBERT E. SHIELDS, TRUSTEE (“the Trustee”), seeking relief from him. We conclude that, since the Counterclaim filed was not a “compulsory counterclaim,” this filing is the equivalent of his filing a proof of claim against the estate of LLOYD’S…