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· 10/22/1991

In Re Robert L. Jensen and Martha S. Jensen

Citations

  • 946 F.2d 369
  • 25 Collier Bankr. Cas. 2d 1351
  • 21 Fed. R. Serv. 3d 447
  • 1991 U.S. App. LEXIS 24928
  • 1991 WL 212280

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that filing a proof of claim denies a creditor and a debtor or trustee any right to jury trial that they otherwise might have
  • “civil conspiracy has its roots in criminal conspiracy, which was of course triable before a jury in a court of law”
  • “[Jjoinder of equitable claims with legal claims does not deprive a party of the right to a jury trial on the legal claims.”
  • “Claims for breach of fiduciary duty have always been within the exclusive jurisdiction of the courts of equity.”
  • the filing of a proof of claim deprives both the creditor and the trustee of the right to a jury trial

Source: CourtListener parenthetical corpus (CC0).

Judges: Jolly, Higginbotham, Jones

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.