Miranda Anne Merchant

Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF MAINE

In re: Chapter 7 Miranda Anne Merchant, Case No. 18-10457 Debtor

ORDER DENYING MOTION FOR JURY TRIAL On January 28, 2020, the Debtor filed a Motion for Jury Trial [Dkt. No. 146]. The Motion for Jury Trial is hereby DENIED. Even if the Debtor had a right to a jury trial in a civil contempt proceeding (a proposition that is dubious, at best), see, e.g., Shilltani v. United States, 384 U.S. 364 (1996), the right has been waived by the debtor’s failure to raise that right in a timely manner, see Fed. R. Civ. P. 38(b) (providing that a party may demand a jury trial by filing and serving a written demand “no later than 14 days after the last pleading directed to the issue is served”); Fed. R. Civ. P. 38(d) (“A party waives a jury trial unless its demand is properly served and filed.”); see also Fed. R. Bankr. P. 9015(a) (making Fed. R. Civ. P. 38 applicable in all bankruptcy cases and proceedings). Demanding a jury trial three days before the evidentiary hearing is scheduled to begin appears to be nothing more than a delay tactic, and far from a good faith attempt to assert any right that may exist under the United States Constitution.

, — JA) 'f Lege a * J ZL Dated: January 29, 2020 Michael A. Fagone United States Bankruptcy Judge District of Maine