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Jobin v. Arnot (In re M & L Business Machine Co.)

Citations: 178 B.R. 270; 12 Colo. Bankr. Ct. Rep. 39; 1995 Bankr. LEXIS 229; 26 Bankr. Ct. Dec. (CRR) 965Docket: Bankruptcy No. 90-15491 CEM; No. 93-K-857; Adv. No. 92-2725 RJB

Court: United States Bankruptcy Court, D. Colorado; February 23, 1995; Us Bankruptcy; United States Bankruptcy Court

Narrative Opinion Summary

In this case, arising from a bankruptcy adversary proceeding, the Court considered a motion by the Trustee to strike the jury demand and deny the motion for withdrawal of the reference. The defendants had asserted affirmative defenses of recoupment and setoff and requested a jury trial and withdrawal of reference, which the Trustee initially did not oppose. The case, initially transferred to the District Court, was returned for pretrial proceedings with a dispositive motions deadline set for March 1994. The Trustee filed her motion to strike over a year after the defendants' answer and nearly ten months past the deadline, citing recent discovery of case law from 1991 as justification for the delay. The Court found this insufficient and ruled that the defendants' Seventh Amendment right to a jury trial should not be compromised. The Court also addressed the Trustee's argument that the defenses constituted counterclaims, clarifying that the defenses were raised solely to reduce the Trustee's claim and not for affirmative relief. Consequently, the Court denied the Trustee's motion, affirming the defendants' right to a jury trial and the withdrawal of reference.

Legal Issues Addressed

Affirmative Defenses and Counterclaims

Application: Defenses of setoff and recoupment, when not asserted as counterclaims for affirmative relief, do not negate the right to a jury trial.

Reasoning: The Trustee argued that the defendants' affirmative defenses of setoff and recoupment constituted counterclaims, which would negate their right to a jury trial.

Seventh Amendment Right to Jury Trial

Application: The defendants retained their right to a jury trial as their defenses of recoupment and setoff did not constitute counterclaims seeking affirmative relief.

Reasoning: The Court ruled that the defendants' Seventh Amendment right to a jury trial should not be compromised due to the Trustee's lack of timely legal research.

Waiver of Objections to Jury Demand

Application: The Trustee waived her objections to the defendants' jury demand and withdrawal of reference by failing to raise them in a timely manner.

Reasoning: The Trustee was deemed to have waived any objections to the jury demands and withdrawal motions by not raising them earlier.