Kransdorf v. Murray (In Re Fidelity America Financial Corp.)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before the court is whether the demand for a jury trial by one of the defendants in this case should be granted. We conclude that the defendant is not entitled to a jury trial because the instant complaint is in the nature of a request for an accounting and for a turnover of property of the estate and, consequently, even under the provisions of the Bankruptcy Code, is a proceeding which is triable by the bankruptcy court without a jury.

The question before us arises as a result of the demand by Realty General Associates, Ltd. (“Realty”), one…