Napolitano v. Hourigan (In re R.J. Patton Co.)
Nov
30
2006
Ruling
Motion for withdrawal of preference proceeding in which creditor was entitled to jury trial denied without prejudice to renewal at time of trial.
Procedural posture
Pursuant to U.S. Const. amend. VII, 28 U.S.C. § 157(d), Bankr. D. Conn. R. 5011-1, defendant creditor moved for the court to withdraw its reference of the case to the Bankruptcy Court and to transfer it for a jury trial before the court. Plaintiff bankruptcy trustee did not file a response to the motion.
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Court
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