Legal Opinion
Leathem v. Von Volkmar (In Re Von Volkmar)
United States Bankruptcy Court, N.D. Illinois
Decided February 2, 1998No. 19-03826PublishedCited by 16 opinions
1Opinion of the Court
AMENDED MEMORANDUM OPINION
JOHN H. SQUIRES, Bankruptcy Judge.
This matter comes before the Court on Plaintiffs demand for a trial by jury and Defendant’s denial thereof. For reasons set forth herein, the Court strikes and denies the demand as a matter of right as it applies to the equitable determination of whether Plaintiffs claims against Defendant are discharge-able under 11 U.S.C. § 523(a)(6). Because all the underlying claims which Plaintiff seeks to have liquidated are in the nature of alleged personal injuries, the Court lacks subject matter jurisdiction under 28 U.S.C. § 157(b)(5) to…
2Cases cited20 opinions
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Alexander v. HillmanSupreme Court of the United States · 1935
- Pettibone Corporation v. Carl EasleyCourt of Appeals for the Seventh Circuit · 1991
- N.I.S. Corp. v. Hallahan (In re Hallahan)Court of Appeals for the Seventh Circuit · 1991
- In the Matter of Grabill Corporation, Camdon Companies, Incorporated, Foxxford Group Limited, Debtors. Appeal of Ncnb National Bank of North CarolinaCourt of Appeals for the Seventh Circuit · 1992
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Reid v. Unilever United States, Inc.District Court, N.D. Illinois · 2013
- Stranz v. Ice Cream Liquidation, Inc. (In Re Ice Cream Liquidation, Inc.)United States Bankruptcy Court, D. Connecticut · 2002
- In re Residential Capital, LLCUnited States Bankruptcy Court, S.D. New York · 2014
- In re Residential Capital, LLCUnited States Bankruptcy Court, S.D. New York · 2015
- Rizzo v. Passialis (In Re Passialis)United States Bankruptcy Court, N.D. Illinois · 2003
11 more not listed; retrieve them via the Exa API.