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IN RE SCHMID

Bankruptcy No. 84-04128G, Adv. No. 85-0883G.

54 B.R. 520 (1985)

In re Marie SCHMID, Debtor. Gerald BILLEBAULT and Rachel Billebault, Plaintiffs, v. Marie SCHMID, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

October 31, 1985.

Attorney(s) appearing for the Case

Michael L. Bach, Hangley, Connolly, Epstein, Chicco, Foxman & Ewing, Philadelphia, Pa., for plaintiffs, Gerard Billebault and Rachel Billebault.

Alexander Hemphill, Philadelphia, Pa., for defendant, Marie Schmid.

Michael A. Cibik, Philadelphia, Pa., Trustee.

OPINION

EMIL F. GOLDHABER, Chief Judge:

This appears to be an issue of first impression in this district.

The point for consideration is whether the litigants in a complaint to determine the dischargeability of a debt are entitled to a jury trial under the 1978 Bankruptcy Code and the Bankruptcy Amendments and Federal Judgeship Act of 1984. Since counsel for the debtor has not raised this issue, we raise it sua sponte. On the basis of the...

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