PBCBA BAR BULLETINS pbcba_bulletin_december 2017 - Page 8

BANKRUPTCY C o r n e r Do Trustees Have a Right to a Trial by Jury in Fraudulent Transfer Adversary? In a recent opinion authored by the Honorable Judge Kimball, a trustee, retains a right to a jury trial in a fraudulent transfer action. Bakst v. Bank Leumi, USA (In re D.I.T., Inc.), Adv. Pro. No. 16-01214-EPK, -- B.R. --, 2017 WL 4404275 (Bankr. S.D.Fla. October 3, 2017). However, facts matter. of the trustee’s avoidance action also filed a proof of claim, the avoidance action became a part of the claims process and therefo