Two recent cases from Delaware (2005 WL 2148563) and Illinois (326 B.R. 116) remind us that a defendant’s right to a jury trial in bankruptcy litigation should be timely asserted and periodically affirmed if it is to be preserved at the time of trial. Otherwise, the judge is likely to find that the right has been waived, even absent the defendant’s filing of a proof of claim. Don’t snooze on this one, or your client will lose.
© Steve Jakubowski 2005