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IN RE RAMIREZ

Bankruptcy No. 09-70051. Adversary No. 09-7004.

434 B.R. 446 (2010)

In re Anita C. RAMIREZ, Debtor(s). Anita Ramirez, Plaintiff(s) v. Jose Alberto Rodriguez, et al, Defendant(s).

United States Bankruptcy Court, S.D. Texas, McAllen Division.

March 16, 2010.

Attorney(s) appearing for the Case

Albert Villegas , Villegas Law Firm, Brownsville, TX, for Plaintiff/Defendants.

Demetrio Duarte, Jr. , Attorney at Law, San Antonio, TX, Antonio Villeda , Attorney at Law, McAllen, TX, Jeffery Aaron Rank , Law Office of William A. Thau, III, PC, Corpus Christi, TX, Leighton H. Thompson , Harrison Thompson PLLC, Pasadena, TX, for Defendants.

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

The parties dispute whether the Ramirez Family Defendants may obtain a jury trial on all remaining issues. For the reasons set forth below, the Court holds that (i) no jury trial right has been preserved as to causes of action under the Texas Uniform Fraudulent Conveyance Act (TUFTA); and (ii) the right to a jury trial has been preserved as to the common law fraud allegations.

Because the common...

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