TERRY L. MYERS, Chief Bankruptcy Judge.
On May 5, 2015, Jessica James ("Debtor") filed a chapter 7 case in this Court.
On July 27, 2015, the Acting United States Trustee ("UST") filed a complaint commencing this adversary proceeding against Jurist.
Jurist answered. Adv. Doc. Nos. 3, 6. Jurist also filed a jury demand. Adv. Doc. No. 8.
On September 22, 2015, in a telephonic pretrial conference attended by Jurist and by counsel for the UST, the Court gave the UST and Jurist 21 days to file briefs on issues of jurisdiction and on the asserted right to a jury trial. The Court also informed the parties that these issues would be taken under advisement upon submission of the briefs. Adv. Doc. No. 10 (minute entry).
Jurist was cautioned at the pretrial conference that, if he were to retain counsel, that counsel would have to be a member of the bar of this Court or be properly admitted pro hac vice.
On October 13, the UST timely filed its brief. While Jurist failed to timely file a brief, he later submitted a brief on October 23, 2015, claiming a misunderstanding of the Court's Order. The Court has now reviewed both parties' submissions and completed its own independent research and analysis.
This Court has jurisdiction over Debtor's bankruptcy case and over the matters alleged in this adversary proceeding. 28 U.S.C. § 1334(a), (b). The District Court for the District of Idaho has referred all bankruptcy cases and all proceedings in such cases to the Bankruptcy Court. 28 U.S.C. § 157(a); Third Amended General Order No. 38 (1995). Bankruptcy judges may hear all core proceedings. 28 U.S.C. § 157(b)(1). Core proceedings include matters, such as the instant proceeding, concerning administration of the estate. 28 U.S.C. § 157(b)(2)(A). The UST's complaint under § 110 initiated a core proceeding that this Court may hear and finally determine. Allen v. Pierce (In re Timmer), 2005 WL 6960235, *3 (9th Cir. BAP Sept. 29, 2005); Demos v. Brown (In re Graves), 279 B.R. 266, 271 (9th Cir. BAP 2002).
A BPP does not have a right to a jury trial in an adversary proceeding seeking to enjoin his or her conduct under § 110(j). Graves, 279 B.R. at 272 (citing United States v. Louisiana, 339 U.S. 699, 706 (1950)). See also 2 Collier on Bankruptcy ¶ 110.11 (Alan N. Resnick & Henry J. Sommer eds., 16th ed) ("A proceeding for injunctive relief under section 110(j) is a core proceeding and the bankruptcy petition preparer has no right to a jury trial in such a proceeding."). Accord Hale v. United States Tr., 509 F.3d 1139, 1146-47 (9th Cir. 2007) (concluding there is no right to a jury trial under § 105 and § 329 to determine the reasonableness of attorney fees).
This Court has jurisdiction over this core proceeding and will enter final orders and judgments subject to appeal under 28 U.S.C. § 158. Jurist's demand for a jury trial, Adv. Doc. No. 8, will be denied. The UST may submit an order or orders in accord with this Decision.