How to request Jury trial in Involuntary Petition

Yahoo Bot · Tue Jul 24, 2012 9:00 pm

Thanks jay. My reading of the rules left me with a different impression so I filed the request with the answer. I will read colliers trial chapter tomorrow To find a template

Sent from my iPhone Lisa Christiansen
On Jul 23, 2012, at 10:57 AM, Jay Fleischman wrote:
> Under 38(b) a demand for jury trial must be drafted and filed pursuant to FRCP 5(d). I've always seen it done as a separate document. In addition, LR 9015-2 provides that the demand has to include a statement of consent. Given the fact that all parties get 14 days to either files and serve a statement of consent or non-consent to a jury trial conducted by the bankruptcy court, it would seem prudent to do a separate demand rather than incorporating it into the pleadings.
>
> -------------
> Jay S. Fleischman, Esq.
> Shaev & Fleischman, LLP
>
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Thanks jay. My reading of the rules left me with a different impression so I filed the request with the answer. I will read colliers trial chapter tomorrow To find a template :)Sent from my iPhone Lisa ChristiansenOn Jul 23, 2012, at 10:57 AM, Jay Fleischman <bankruptcy@gmail.com> wrote:

Under 38(b) a demand for jury trial must be drafted and filed pursuant to FRCP 5(d). I've always seen it done as a separate document. In addition, LR 9015-2 provides that the demand has to include a statement of consent. Given the fact that all parties get 14 days to either files and serve a statement of consent or non-consent to a jury trial conducted by the bankruptcy court, it would seem prudent to do a separate demand rather than incorporating it into the pleadings.
-------------Jay S. Fleischman, Esq.Shaev & Fleischman, LLP
I help people with overdue bills, credit reporting problems, and debt collection harassment. Questions? Just hit REPLY or check out my website here:
NACBA Co-Chair, New YorkFounder and Past President, Bankruptcy Law Network
NEW YORK OFFICE350 Fifth Ave Ste 7210
New York NY 10118T: 646.827.0758
COMING SOON TO THE LOS ANGELES AREAEmail isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.

The post was migrated from Yahoo.

Yahoo Bot · Mon Jul 23, 2012 10:57 am

Under 38(b) a demand for jury trial must be drafted and filed pursuant to
FRCP 5(d). I've always seen it done as a separate document. In addition,
LR 9015-2 provides that the demand has to include a statement of consent.
Given the fact that all parties get 14 days to either files and serve a
statement of consent or non-consent to a jury trial conducted by the
bankruptcy court, it would seem prudent to do a separate demand rather than
incorporating it into the pleadings.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
I help people with overdue bills, credit reporting problems, and debt
collection harassment. Questions? Just hit REPLY or check out my website
here: http://www.ConsumerHelpCentral.com
NACBA Co-Chair, New York
Founder and Past President, Bankruptcy Law Network
NEW YORK OFFICE
350 Fifth Ave Ste 7210
New York NY 10118
T: 646.827.0758
COMING SOON TO THE LOS ANGELES AREA
Email isn't secure, so it's not confidential. By communicating with me by
email, you understand that it's not confidential.
Under 38(b) a demand for jury trial must be drafted and filed pursuant to FRCP 5(d). I've always seen it done as a separate document. In addition, LR 9015-2 provides that the demand has to include a statement of consent. Given the fact that all parties get 14 days to either files and servea statement of consent or non-consent to a jury trialconducted by the bankruptcy court, it would seem prudent to do a separate demand rather than incorporating it into the pleadings.
-------------
The post was migrated from Yahoo.

Yahoo Bot · Mon Jul 23, 2012 10:39 am

Need verification that I can include a demand for jury trial in the answer to a voluntary petition in the caption and as a separate paragraph. I have read Fed R Civ P 38(b), FRBP 9015 and LBR 9015 and have not found specific wording as to how to ask. Anyone on the listserve have any words of guidance? Thanks in advance.
Catherine Christiansen

The post was migrated from Yahoo.