Bankruptcy Law’s Treatment of Creditors’
Jury-Trial and Arbitration Rights
Stephen J. WareProfessor of Law
University of Kansas
While judges ordinarily adjudicate disputes in bankruptcy, creditors sometimes argue that they have a right to a jury trial or to arbitration.
Creditor’s arguments
Jury Arbitration
Claim by the creditor
Claim against the creditor
Creditor’s arguments
Jury Arbitration
Claim by the creditor
NO Sometimes
Claim against the creditor
Waiver v.
Law/Equity Distinction
Creditor’s arguments
Jury Arbitration
Claim by the creditor
NO Sometimes
Claim against the creditor
Not if creditor has filed proof of claim
Sometimes, even if creditor has filed PoC
Waiver v.
Law/Equity Distinction
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