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IN RE HARBOUR

Bankruptcy No. 683-00498-L, Civ. A. Nos. 85-0112-L, 85-0104-L.

59 B.R. 319 (1986)

In re Billy H. HARBOUR, Debtor. Donald W. HUFFMAN, Trustee For Billy H. Harbour, Plaintiff, v. James M. BRANDON, et al., Defendants. In re Billy H. HARBOUR, Debtor. Donald W. HUFFMAN, Trustee for Billy H. Harbour, Plaintiff, v. COMMERCE SECURITY CORPORATION and Vivian S. Brandon, Defendants and Third-Party Plaintiffs, v. James M. BRANDON and Mary Eddy, Third-Party Defendants.

United States District Court, W.D. Virginia, Lynchburg Division.

February 7, 1986.

Attorney(s) appearing for the Case

Robert W. Goodlatte, Bird, Kinder & Huffman, Roanoke, Va., Helen P. Parrish, Robert M. Musselman, Charlottesville, Va., for debtor.

Donald W. Huffman, Roanoke, Va., trustee.

Donald W. Huffman and Robert W. Goodlatte, Bird, Kinder & Huffman, Roanoke, Va., for plaintiff.

Alexander W. Bell, Bell, Morrison & Spies, Lynchburg, Va., for defendants Kylene Brandon and D. Kylene, Inc.

Sidney H. Kirstein, McRorie, Kirstein, McMahon & Gay, Lynchburg, Va., for defendants James Brandon, Florida Audio-Video Co., Brandon Productions, Southeast Inv. Ind., Atlas Co.

W. Alan Smith, Jr., Lynchburg, Va., for Commerce Sec. Corp. and defendant Vivian Brandon.

Stephen Finta, Ft. Lauderdale, Fla., for James Brandon.

MEMORANDUM OPINION

KISER, District Judge.

Before the Court are a trustee-in-bankruptcy's motions to re-refer two adversary proceedings to the Bankruptcy Court. I find that these adversary proceedings are "core proceedings" within the meaning of 28 U.S.C. § 157(b)(2) and as such are equitable in nature not giving rise to a constitutional right to a jury trial. I, therefore, shall grant the Trustee's motions and remand these actions to the Bankruptcy...

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