Jurisdiction: Jury Trials
| ID | Name | Group | Other | Code
Sec |
Cross
Ref | Problem
Referenced | Proposed
Solutions |
NBRC-
0005 | Richard L. Haeussler | Law Offices of
Richard L. Haeussler. Sole practitioner who represents chapter 7 &
13 debtors. |
| 28 U.S.C. § 157(b)(2)(O) |
| No rational basis for excluding
personal injury claims from jurisdiction of Bankr. Courts. In most
cases court will grant relief from the stay after a number of
appearances. | Give Bankr. Judges jurisdiction
to hear personal injury claims |
NBRC-
0011 | Honorable Leif M. Clark | Judiciary;
United States Bankruptcy Court for the Western District of
Texas |
| 28
U.S.C. § 157 |
| Within this dispute over the issue of jury trials in core
proceedings are the seeds of another "Marathon" which has the
potential of giving rise to another "jurisdictional donnybrook of
the sort that crippled the system" in 1982. | Commission should examine the issue. |
NBRC-
0178 | Gary White, on behalf of the Natl. Assoc. of Credit
Management | Chair, Government Affairs Comm.,
Natl. Assoc. of Credit Management |
| 28 U.S.C. §
157(b)(5) |
| Working group's proposal regarding personal injury and wrongful
death claims would allow the court to administer these cases in an
expedient and "complete" manner, greatly reducing court
administration and referral burdens. | NACM
supports the working group's proposal on personal injury and wrongful
death claims. |
NBRC-
0303 | Commercial Law League of America | Commercial Law League of America (CLLA) |
|
|
| The Commerical Law League of
America believes that the following issue should be considered by the
NBRC: whether there is a rational basis for excluding personal injury
claims from the jurisdiction of bankruptcy courts. | The CLLA believes that this issue should receive top priority
because it represents a fundamental issue facing the bankruptcy system
today. |
NBRC-
0303 | Commercial Law League of America | Commercial Law League of America (CLLA) |
|
|
| The Commerical Law League of
America believes that the following issue should be considered by the
NBRC: whether bankruptcy courts should be permitted to conduct jury
trials even with the consent of both parties. If they should not, how
should the system address jury demands made for strategic
advantage | The CLLA believes that this issue
should receive moderate priority. |
NBRC-
0304 | Arthur J. Spector | Bankruptcy Judge
(E.D. Mich.) | Copy of opinion from In re Dow
Corning Corp. |
|
| Special interest legislation, in
particular the removal of personal injury and wrongful death claims from
the jurisdiction of the bankruptcy courts, despoil the Code. No real
bankruptcy policy justifies this removal, which has resuled in a
jurisidictional nightmare in the
"mega-cases." | Special interest
legislation, in particular the jurisdictional provisions for personal
injury and wrongful death claims, should be repealed. |
NBRC-
0320 | Robert M. Zinman, on behalf of the Bankruptcy
Institute | American Bankruptcy Institute
("ABI") | Numerous position papers,
memoranda and research material |
|
| In this statement before the NBRC, the author states that ABI
members generally agree that the Article 1/Article III choice also has
implications for personal injury claims. | To
the extent that the bankruptcy court is restructured as an Article III
court, there would appear to be no rational basis for excluding personal
injury claims from the court's jurisdiction. |
NBRC-
0320 | Robert M. Zinman, on behalf of the Bankruptcy
Institute | American Bankruptcy Institute
("ABI") | Numerous position papers,
memoranda and research material |
|
| In this statement before the NBRC, the author states that ABI
members generally agree that the Article 1/Article III choice also has
implications for jury trials. | Due to
constitutional concerns, Article I bankruptcy courts should only be
permitted to conduct jury trials with the consent of the
parties. |
