Legal Opinion
Goodale v. Duffy (In Re Duffy)
United States Bankruptcy Court, D. Rhode Island
Decided September 21, 2004No. Bankruptcy Nos. 02-14535, 02-14536. Adversary Nos. 03-1011, 03-1012PublishedCited by 5 opinions
1Opinion of the Court
ORDER STRIKING JURY DEMAND
ARTHUR N. VOLOLATO, Bankruptcy Judge.
In these consolidated adversary proceedings, Plaintiff Cynthia Goodale has demanded a trial by jury and Defendants also would like a jury trial in this Court to determine whether Goodale’s claim is non-dischargeable under 11 U.S.C. § 523(a)(2)(A). Notwithstanding the agreement of the parties, the Court, sua sponte, questions whether a jury trial is authorized in this instance, and for the reasons set forth below, I conclude that it is not.
BACKGROUND
In December 2002, Elaine Duffy and her daughter Kerri Ann Dias filed separate…
2Cases cited4 opinions
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Berryman v. Smith (In Re Smith)United States Bankruptcy Court, D. Arizona · 1988
- Locke v. United States Trustee (In Re Locke)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
- M C Contractors, Inc. v. Fink (Fink)District Court, W.D. North Carolina · 2003
3Cited by5 opinions
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- Altman v. Alternative Debt Portfolios, L.P. (In Re EZ Pay Services, Inc.)United States Bankruptcy Court, M.D. Florida · 2008
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