IN RE BEUGEN

Bankruptcy No. 3-86-00686-JR, Adv. No. 3-86-0301-JR.

81 B.R. 994 (1988)

In re David Earl BEUGEN, Debtor. TAUBMAN WESTERN ASSOCIATES, NO. 2, a Michigan Partnership, Plaintiff, v. David BEUGEN, Defendant. David E. BEUGEN, Counterclaimant, v. TAUBMAN WESTERN ASSOCIATES, NO. 2, a Michigan Partnership, Counterdefendant.

United States Bankruptcy Court, N.D. California.

January 26, 1988.


Attorney(s) appearing for the Case

Nicholas B. Waranoff, Deborah S. Shefler, Steinhart & Falconer, San Francisco, Cal., for plaintiff-counterdefendant.

Paul J. Williams, Reno, Nev., for defendant-counterclaimant.


OPINION

THOMAS E. CARLSON, Bankruptcy Judge.

Two principal questions are presented in this case: whether a counterclaim filed by a debtor-in-possession against a creditor that has asserted a claim against the bankruptcy estate may properly be classified as a core proceeding, and whether the debtor-in-possession is entitled to a jury trial in such a proceeding. I conclude that the bankruptcy court may try the counterclaim as a core proceeding without a jury...

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