Opinion
No. 01 B 6718 (Adversary No. 01 A 1216), No. 01 C 9915
February 1, 2002
MEMORANDUM OPINION AND ORDER
The debtor's Chapter 7 trustee has filed an adversary complaint in bankruptcy against the debtor's present wife, Catherine Clare Mantelman, alleging that the debtor has fraudulently transferred over $1,000,000 in assets to her. She (Clare) has filed a jury demand and now moves for a withdrawal of that reference to the bankruptcy court. The trustee concedes that a withdrawal is necessary if and when the case is ready for trial before a jury, but she argues that withdrawal now is premature, as the case may well conclude by settlement or motion short of trial.
We recognize that we could delay withdrawal but we see no reason to do so. There is no possible relationship to a reorganization plan. The claims rest upon Illinois law. The case is at issue, the defendant having filed her answer January 29, 2002. In those circumstances it serves no real purpose to require the bankruptcy judge to become familiar with the matter while the case remains there (with this court hearing any appeals) and then have ths court take over, with another learning curve, at a later time. The motion for a withdrawal is granted.