El Paso, TX asked in Bankruptcy for Texas

Q: Does a bankruptcy proceeding sometimes involve a jury and trial or is only a judge ever involved?

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3 Lawyer Answers

Timothy Denison

  • Bankruptcy Lawyer
  • Louisville, KY

A: There are no jury trials in a bankruptcy proceeding. A judge will make all the decisions.

Stuart Nachbar

  • Bankruptcy Lawyer
  • Livingston, NJ

A: Bankruptcy proceedings are handled by the judges, and only in very very circumstances are juries used (and that is only in rare adversary proceedings) of a specific nature.

David Earl Phillips agrees with this answer

Mr. J. Thomas Black

  • Bankruptcy Lawyer
  • Houston, TX
  • Licensed in Texas

A: It would be very rare for a bankruptcy judge to conduct a jury trial. Typically all proceedings including trials and hearings are "bench" trials before the bankruptcy judge.

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