Purcell v. Federal Deposit Insurance Corp. (In Re Purcell)

MEMORANDUM OF DECISION ON FDIC MOTION TO DISMISS FOR LACK OF JURISDICTION

FRANCIS G. CONRAD, Bankruptcy Judge.

This matter presents 1 the novel issue of whether the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) divests us of subject matter jurisdiction to decide whether the FDIC, as receiver of Valley Bank, has a valid lien on Debtor’s property. This adversary proceeding was commenced by Debtor, who filed a complaint to determine the nature, validity, and extent of a lien FDIC claims under a Judgment Order recorded twice in the land records of the town where…