LAW 794 Lecture Notes - Lecture 5: Jury Trial, United States Court Of Appeals For The Seventh Circuit
30 Mar 2020
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Pi/wd suits are exception to claims allowance/always core idea. 11 is a great way for ds to manage massive pi litigation. If ps want a distribution, must file a proof of claim. Once dr objects, it becomes a claims allowance proceeding giving bk court core jdx. P cannot opt out of bk proceedings, unlike ps in class- action tort litigation. Claims litigation tends to be more expeditious than in ordinary civil litigation. 157(b)(2)(b): claims allowance proceedings are core, but not liquidation or estimation of pi/wd claims against estate. Must be finally adjudicated by dist court judge. If bk judge is doing something short of this, then can enter a final order (like dispositive motions) If claim can be disallowed, then bk judge can disallow as a matter of law. Threshold issues that has nothing to do w/liquidation or estimation; up to , but excluding trial on merits (courts disagree)
