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    Bankruptcy Law's Treatment of Creditors' Jury-Trial and Arbitration Rights

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    17WARE.pdf (122.6Kb)
    Issue Date
    2009
    Author
    Ware, Stephen J.
    Publisher
    St. John's School of Law & American Bankruptcy Institute
    Type
    Article
    Article Version
    Scholarly/refereed, publisher version
    Version
    http://ssrn.com/abstract=1550832
    Metadata
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    Abstract
    Bankruptcy law treats the constitutional jury right with less deference than the, merely statutory, right to arbitrate. But this apparent anomaly is actually the plausible result of a limitation within the Seventh Amendment jury right, its applicability only to claims at law but not claims in equity. The right to arbitrate is not similarly limited. So creditors seeking to arbitrate claims by and against debtors in bankruptcy are not defeated by longstanding holdings placing such claims on the equity side of the law/equity line. In contrast, creditors seeking jury trials of claims by and against debtors in bankruptcy are defeated by such holdings.
    URI
    http://hdl.handle.net/1808/7435
    Collections
    • Law School Scholarly Works [621]
    Citation
    Stephen J. Ware, Bankruptcy Law's Treatment of Creditors' Jury-Trial and Arbitration Rights, 17 American Bankruptcy Institute Law Review 479-492 (2009).

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    KU Libraries
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    Contact KU ScholarWorks
    785-864-8983
    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    785-864-8983

    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    Image Credits
     

     

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