prejudice defendants because it would moot their motion for change of venue and preclude referral to the Delaware Bankruptcy Court. f. Right to Jury Trial The one Drexel factor weighing in favor of remand is the possibility that RCI’s right to a jury trial might be compromised. Pursuant to 28 U.S.C. § 157(e), a bankruptcy court may only conduct a jury trial if both parties expressly consent and a special designation of jurisdiction is granted by the district court. Thus, to the extent that the right to a jury trial may apply to this action, RCI would not be entitled to a jury trial as of right in the Bankruptcy Court. However, because every other Drexel factor weighs against remand, the jury factor alone does not tip the balance in favor of remand. See Nemsa, 1995 WL 489711, at *8 (<HOLDING>). Therefore, RCI’s motion for equitable remand
recognizing that parties had right to trial by jury in trespass action but holding that parties waived that right under cr 3804 by not filing a demand for a jury trial recognizing that plaintiff would have no right to jury trial in bankruptcy court but declining to remand under section 1452b holding that debtors have no right to jury trial on malpractice claims against their attorneys holding defendant to a preference action has a right to a jury trial pursuant to the seventh amendment of the united states constitution but that right can be waived by filing a claim in the bankruptcy proceedings recognizing the right to waive a jury trial