In re Endeavor Highrise LP

Memorandum Opinion Striking Defendant Counterclaimant's Jury Demand

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In a case of apparent first impression, the court 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 and that, as a result, the defendant waived its demand for a jury trial. On the trustee's motion, the jury demand was stricken.

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Reference Info:Decision | Federal, 5th Circuit, Texas | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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