(S.D. Ind. June 2, 2017)
The district court denies the defendant’s motion to withdraw the reference in this fraudulent conveyance action. The defendant answered the complaint, requesting a jury trial and noting that he does not consent to adjudication by the bankruptcy judge. The district court acknowledges that the bankruptcy court lacks authority to conduct a jury trial without express consent of all parties. However, the district court holds that immediate transfer is not necessary. The bankruptcy court may handle all pretrial matters, and the case can be transferred to the district court if a jury trial becomes necessary. Opinion below.
Attorneys for Trustee: Rubin & Levin, PC, James E. Rossow, Jr. John M. Rogers
Attorney for Defendant: Jeffrey O. Meunier