Johnson v. Williamson (In Re British American Properties III, Ltd.)

REPORT AND RECOMMENDATION TO THE UNITED STATES DISTRICT COURT RECOMMENDING THE WITHDRAWAL OF THE REFERENCE OF THIS ADVERSARY PROCEEDING

JEFFREY E.T. BOHM, Bankruptcy Judge.

I. INTRODUCTION

The issue presented is whether, in an adversary proceeding, a defendant waives the right to a jury trial by filing a counterclaim against, and seeking attorney’s fees from, the bankruptcy estate. This Court believes that the particular facts of this adversary proceeding, and the defendant’s specific counterclaims, do not involve the process of allowance and disallowance of claims, nor do they invoke the…