Opinion
Case No. 09-3300. Related Case: 93-30636.
12-4-2009
In Re: Michael and Elizabeth McGarity Debtor(s). Michael and Elizabeth McGarity Plaintiff(s), v. Franklin Credit Management Corp. Defendant(s).
On December 1, 2009, the Plaintiffs, Michael and Elizabeth McGarity, commenced this action against Franklin Credit Management Corp, asserting in their complaint two causes of action: (1) Contempt and Sanctions for Violation of the Discharge Injunction; and (2) a Violation of the Fair Debt Collection Practices Act. In their complaint, the Plaintiffs set forth a "demand that a jury be impaneled to hear all of their claims[.]"
The Plaintiffs are debtors before the Court, having filed a voluntary petition for relief under Chapter 7 of the United States Bankruptcy Code. Debtors, who voluntarily submit themselves to the equity jurisdiction of the bankruptcy court, have no right to have matters heard before a jury. In re McLaren, 3 F.3d 958,960 (6th Cir. 1993), citing Granfinanciera v. Nordberg, 492 U.S. 33, 109 S.Ct. 2782, 106 L.Ed.2d 26 (1989). See also In re Glenn, 359 B.R. 200 (Bankr. N.D.I11. 2006) (creditor did not have right to jury trial on claim for money damages for violations of automatic stay). It is therefore
ORDERED that the jury demand made by the Plaintiffs is hereby Stricken from their Complaint.