In re Endeavor Highrise LP – Defendant Counterclaimant’s Jury Demand Stricken by Bankruptcy Court

In a case of apparent first impression, in In re Endeavor Highrise LP, 425 B.R. 402 (Bankr.S.D.Tex. 2010),by memorandum opinion dated March 12, 2010, the U.S. Bankruptcy Court for the Souther District of Texas concluded that the filing a counterclaim against the bankruptcy trustee as part of a defendant’s answer to the trustee’s adversary complaint was the equivalent of filing a proof of claim for jurisdictional purposes.  As a result, the defendant waived its demand for a jury trial. On the trustee’s motion, the jury demand was stricken.

This entry was posted in Bankruptcy. Bookmark the permalink. Follow any comments here with the RSS feed for this post. Both comments and trackbacks are currently closed.
  • LH&M is considered a debt relief agency.
    LH&M helps people file for bankruptcy relief under the Bankruptcy Code.

    Attorney advertisement. Prior results do not guarantee a similar outcome.