IN RE FIDELITY AMERICA FINANCIAL CORP.

Bankruptcy Nos. 81-00385G to 81-00388G, Adv. No. 82-0106G.

20 B.R. 115 (1982)

In re FIDELITY AMERICA FINANCIAL CORPORATION. (Jointly Administered With) In re FIDELITY AMERICA MORTGAGE CO. (A Pennsylvania Corporation). In re FIDELITY AMERICA MORTGAGE CO. (A Delaware Corporation). In re FIDELITY AMERICA MORTGAGE CO. (A Nevada Corporation), Debtors. Norman M. KRANSDORF, Trustee, Plaintiff, v. Harvey P. MURRAY, Jr. and Nancy K. Murray and Realty General Associates, Inc., Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

May 13, 1982.


Attorney(s) appearing for the Case

Don P. Foster, Alexander N. Rubin, Jr., Fell, Spalding, Goff & Rubin, Philadelphia, Pa., for plaintiff, Norman M. Kranzdorf, Trustee.

Harvey P. Murray, pro se.

Howard M. Newstadt, Sunbury, Pa., Richard C. Fox, Fox, Farr, Goldstein & Cunningham, Harrisburg, Pa., for defendants.


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...

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