مقاله انگلیسی رایگان در مورد پیشرفت های اخیر در قانون ورشکستگی – 2018

rustee has a right to a jury trial in a fraudulent transfer avoiding power action. The trustee sued a lender to avoid a fraudulent transfer. The debtor had fully paid the loan, and the lender had not filed a proof of claim. The loan agreement waived the debtor’s right to a jury trial. A fraudulent transfer avoiding power action that seeks to recover a money judgment is an action at law, in which the parties each have a Seventh Amendment right to a jury trial. The debtor’s prepetition waiver of a jury trial right does not apply to an action that the Bankruptcy Code creates and vests in the trustee. Because the creditor did not file a proof of claim, the action is not part of the claims allowance process, which is a core proceeding in which the parties do not have a jury trial right. The creditor’s possible assertion of a claim under section 502(h) upon payment of any judgment the trustee might obtain does not convert the action to one that involves the claims allowance process. Therefore, the trustee has a right to a jury trial in the action. Bakst v. Bank Leumi, USA (In re D.I.T., Inc.), 575 B.R. 524 (Bankr. S.D. Fla. 2017).