Section 2.16 May a Bankruptcy Court Conduct a Jury Trial?

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

2. (§2.16) May a Bankruptcy Court Conduct a Jury Trial?

Before the enactment of the Bankruptcy Reform Act of 1994, which added 28 U.S.C. § 157(e), there was uncertainty surrounding whether and under what circumstances a bankruptcy court could conduct a jury trial. 1 Collier on Bankruptcy ¶ 3.08[3] (Alan N. Resnick & Henry J. Sommer eds., 15^th ed. rev. 2007). This uncertainty is resolved by § 157(e), which provides as follows:

If the right to a jury trial applies in a proceeding that may be heard under this...