Waker v. Brown (In Re Brown)

103 B.R. 734, 1989 Bankr. LEXIS 1458, 1989 WL 103595

• Court: United States Bankruptcy Court, D. Maryland
• Decided: August 21, 1989
• Docket: 19-00015
• Status: Published

Opinion

MEMORANDUM OPINION DENYING DEBTOR’S PRAYER FOR JURY TRIAL

JAMES F. SCHNEIDER, Bankruptcy Judge.

On April 18, 1989, Lorraine Waker, a creditor, filed the instant complaint to determine dischargeability of debt. Calvin R. Brown, the debtor, filed an answer [P. 4] in which he prayed a trial by jury.

In the case of In re Lee, 50 B.R. 683 (Bankr.D.Md 1985) this Court held that a debtor in a chapter 7 case was not entitled to a jury trial on the creditor’s complaint to determine dischargeability of debt, holding that the complaint was a core proceeding under 28 U.S.C. § 157(b)(2)(I) to which the right to a jury trial does not attach. Id. at 684.

The recent decision of the Supreme Court in Granfinanciera v. Nordberg, — U.S. -, 109 S.Ct. 2782, 106 L.Ed.2d 26 (1989) does not alter the result in this case. Granfinanciera held that one who had not asserted a claim in a bankruptcy estate was entitled to a jury trial on a suit to recover a fraudulent conveyance brought by the bankruptcy trustee because the nature of the relief sought was legal rather than equitable (the recovery of a certain sum of money).

By contrast, the instant cause of action involving the administration of a bankruptcy estate by the bankruptcy court in the exercise of its traditional equity jurisdiction in the adjustment of the debtor-creditor relationship is equitable in nature. In the case of a complaint to determine discharge-ability, a debtor has never been entitled to a trial by jury. Therefore, the debtor in the instant case is not entitled to a trial by jury and his prayer for jury trial must be DENIED.

ORDER ACCORDINGLY.