Are There Jury Trials in Bankruptcy Cases?

In the context of U.S. bankruptcy law, jury trials are generally not common in the core proceedings of bankruptcy cases. Here's why:

Bankruptcy Courts: Typically, bankruptcy courts handle cases without juries. Bankruptcy judges, who are not Article III judges, traditionally do not conduct jury trials. However, under certain conditions, they might do so if all parties consent to having a jury trial conducted by a bankruptcy judge under 28 U.S.C. § 157(e).

Right to Jury Trial: The right to a jury trial in bankruptcy matters can arise, but it's often limited. For instance, the Seventh Amendment right to a jury trial applies in suits at common law where the amount in controversy exceeds a particular amount, but bankruptcy proceedings are largely equitable in nature, reducing the frequency of jury trials.

Adversary Proceedings: Certain adversary proceedings within a bankruptcy case might involve issues where a party has a constitutional right to a jury trial, like fraudulent transfer claims. If a right to a jury trial exists, and it's legally contested, the case might be sent back to the United States District Court (where juries can be legally empaneled)

Local Rules and Consent: Some local rules allow for jury trials in bankruptcy courts under specific circumstances, particularly with the consent of all parties involved. However, this is not standard practice.

In summary, while the right to a jury trial can exist within bankruptcy proceedings, particularly in adversary actions, the actual occurrence of jury trials in bankruptcy courts is rare due to the nature of bankruptcy law being more aligned with equity rather than common law, and because bankruptcy judges are not typically empaneled to conduct jury trials without specific consent or legal provisions being met.