Reding v. Gallagher (In re Childs)
May
15
2006
Ruling
Law firm waived its right to withdrawal of reference for a jury trial since its withdrawal motion was not timely.
Procedural posture
Plaintiff bankruptcy trustees brought an adversary proceeding against defendants, two law firms and an attorney, alleging misappropriation of property belonging to estates of bankruptcy debtors. The only parties remaining in the case were the trustees and one firm and its attorney (collectively, the firm). The firm filed a motion under 28 U.S.C. § 157(d) for mandatory and permissive withdrawal of reference and transfer to the district court.
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Court
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