JTB Enterprises, L.C. v. D & B Venture, L.C. (In re DeLUCA)

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

The plaintiff in this adversary proceeding, JTB Enterprises, L.C. (“JTB”), seeks a determination that R & M Kiln Creek, L.C. (“R *82& M Kiln Creek”) was properly removed as the managing member of D & B Venture, L.C. (“D & B Venture”), one of the debtors in these jointly administered cases, and that JTB was properly substituted as the managing member. A trial of the issues was held on September 22 and September 28, 1995. At the conclusion of the plaintiffs evidence, defendant R & M Kiln Creek moved under Fed.R.Bankr.P. 7053 and Fed.R.Civ.P.…