How to request Jury trial in Involuntary Petition
Posted: 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.
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