Summit Ridge Apartments, Ltd. v. Summit Ridge Associates (In Re Summit Ridge Apartments, Ltd.)

MEMORANDUM OPINION

CLIFFORD FULFORD, Bankruptcy Judge.

Presently before the court is the defendants’ motion to dismiss a complaint filed by certain limited partners of the debt- or/plaintiff who were allowed to intervene of right as party plaintiffs in this adversary proceeding. The defendants’ motion to dismiss was coupled with an alternative motion to transfer this proceeding to district court due to the intervenors’ assertion of non-bankruptcy federal and state claims and concomitant demand for a jury trial. At the hearing on the defendants’ alternative motions, this court construed the…