IN RE RUILOBA

Bankruptcy No. 85-02864-BKC-TCB, Adv. No. 86-0046-BKC-TCB-A.

58 B.R. 700 (1986)

In re Enrique RUILOBA, Debtor. Eligio BARRIOS and Goldstone Company, N.V., Plaintiffs, v. Enrique RUILOBA, Defendant.

United States Bankruptcy Court, S.D. Florida.

February 5, 1986.


Attorney(s) appearing for the Case

David J. White, Miami, Fla., for plaintiff Barrios.

Carlos L. DeZayas, Miami, Fla., for defendant.

Robert L. Roth, Miami, Fla., Trustee.


ORDER DENYING JURY TRIAL

THOMAS C. BRITTON, Bankruptcy Judge.

The plaintiff's demand for jury trial in this adversary proceeding is denied.

The action is to determine dischargeability of a debt under 11 U.S.C. § 523(a). No right to a jury existed under the Common Law for such an action, which is a statutory remedy bottomed on principles of equity. Katchen v. Landy, 382 U.S. 323, 86 S.Ct. 467, 15 L.Ed.2d...

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