Friday, January 22, 2010

Can a civil case be tried in bankruptcy court?

We had a district court case get shifted to the bankruptcy court. We are the plaintiff in a bankruptcy conversion suit. We would like to keep it as a separate case and not get combined with the regular trustee adversary suit. Is this possible?Can a civil case be tried in bankruptcy court?
There are a lot of variables here, but the probable answer is while technically yes, practically no. The district court will be loath to take a case back it has referred without a really compelling reason.Can a civil case be tried in bankruptcy court?
Unlikely since the bankruptcy action effectively ';stays'; all civil claims.
There had to be a reason the case was referred.

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