Farm Credit Services of Mid America PCA et al v. Swain et al

The court incorporates by reference in this paragraph and adopts as the findings and orders
of this court the document set forth below.
lSI RUSS KENDIG
Russ ~ndig
United States Bankruptcy Judge
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
In re: 	)
) 	CHAPTER 13
HAROLD G. SWAIN & 	)
) 	CASE NO. 09-62957
JULIA A. SWAIN, 	)
) 	ADV. NO. 09-6130
Debtors. 	)
) 	TIJDGE RUSS KENDIG
)
FARM CREDIT SERVICES OF MID 	)
AMERICAPCA 	)
)
Plaintiff, 	)
)
v. 	)
)
HAROLD G. SWAIN & 	)
)
JULIA A. SWAIN, 	) 	MEMORANDUM OF OPINION
) 	(NOT FOR PUBLICATION)
Defendants. 	)
The Court has jurisdiction over this case pursuant to 28 U.S.c. § 1334 and the general
order of reference entered in this district on July 16, 1984. This proceeding is a core proceeding
under 28 U.S.C. § 157(b)(2)(A), (1) and (0).
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This opinion is not intended for publication or citation. The availability of this opinion, in
electronic or printed fonn, is not the result of a direct submission by the Court.
On January 28,2010, plaintiffFann Credit Services of Mid-America PCA (hereinafter
"plaintiff') filed a motion to strike the jury demand fron1 the answer and counterclaim filed by
debtors and defendants Harold G. Swain and Julia A. Swain (hereinafter "debtors"). In their
motion, the plaintiffs argue that a debtor has no right to a jury trial in an action under 11 U.S.C. §
523.
On February 23,2010, the defendants filed their response. In their response, the
defendants admit that a debtor generally has no right to a jury trial in an action under section 523.
However, the defendants argue that they have a Seventh Amendment right to a jury trial
regarding the underlying issue of whether the debtors' behavior was fraudulent under section
523(a)(2)(A) and regarding the plaintiffs claim for money judgment.
The Sixth Circuit Court of Appeals squarely has held that a debtor in an action under
section 523 has no Seventh Amendment right to a jury trial regarding a claim of fraud under
section 523(a)(2)(A) or regarding a claim for money judgment. Longo v. McLaren (In re
McLaren), 3 F.3d 958,960 (6th Cir. 1993) (reasoning that by filing a bankruptcy petition a
debtor has submitted to the bankruptcy court's equitable jurisdiction).
Accordingly, plaintiff s motion to strike is granted.
An order will issue simultaneously with this opinion.
# 	# 	#
SERVICE LIST:
Fann Credit Services of Mid America PCA
P. O. Box 34390
Louisville, KY 40223
Kenneth M Richards
50 W Broad St
Leveque Tower
#1200
Columbus, OH 43215
William B. Logan, Jr.
Luper Neidenthal & Logan
50 West Broad Street
Suite #1200
Columbus, OH 43215-3300
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Harold G. Swain
1608 Township Road 655
Ashland, OH 44805
Erin R Kick
KICK & GILMAN
133 South Market St.
Loudonville, OR 44842
Julia A Swain
1608 Township Road 655
Ashland, OR 44805
Reberland Equipment, Inc.
Larry Reber
6003 Fountain Nook
Apple Creek, OR 44606
Maibach Tractor, LLC
Rudy Maibach
13701 Eby Rd.
Creston, OR 44217
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