Brenda Marie Salazar

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re: 	BRENDA MARIE SALAZAR, 	No. 7-08-12538 MA
Debtor.
ORDER DENYING BANKRUPTCY PETITION PREPARER’S
DEMAND FOR JURY TRIAL
THIS MATTER is before the Court on the demand for trial by jury filed by bankruptcy
petition preparer Pamela Brown, pro se, in response to the United States Trustee’s Motion for
Order Imposing Sanctions Against Bankruptcy Petition Preparer Pursuant to 11 U.S.C. § 110.
Ms. Brown’s response demanded a jury trial based upon her Constitutional right under the
Seventh Amendment. See Docket No. 14. There is no Seventh Amendment right to a jury trial in
matters filed pursuant to 11 U.S.C. § 110. See In re Gould v. Clippard, 340 B.R. 861, 881-882
(M.D.Tenn 2006)(finding that an action filed under 11 U.S.C. § 110 is a “core proceeding”
within the bankruptcy court’s jurisdiction under 28 U.S.C. § 157(b)(2)(A) so that there was no
right to a jury trial). See also, In re Graves, 279 B.R. 266, 272 (9th Cir. BAP 2002)(holding that
“there is neither a constitutional nor a statutory right to a trial by jury in an action for a § 110(j)
injunction.”).
WHEREFORE, IT IS HEREBY ORDERED that Pamela Brown’s demand for jury trial
on the issues presented in the United States Trustee’s Motion for Order Imposing Sanctions
Against Bankruptcy Petition Preparer Pursuant to 11 U.S.C. § 110 is DENIED.
____________________________________
MARK B. McFEELEY
United States Bankruptcy Judge
Date entered on docket: February 5, 2009
COPY TO:
Leonard Martinez-Metgzar
United States Trustee
PO Box 608
Albuquerque, NM 87103
Pamela Brown
Southwest Document Service
2917 Carlisle, Suite 211
Albuquerque, NM 87110
Case 08-12538-j7 Doc 23 Filed 02/05/09 Entered 02/05/09 10:54:57 Page 1 of 1