· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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