Legal Opinion

First Home Savings Bank v. Courtney Excavating & Construction, Inc. (In Re Courtney Excavating & Construction, Inc.)

United States Bankruptcy Court, W.D. Missouri

Decided June 3, 2005No. 19-40069Published

1Opinion of the Court

MEMORANDUM OPINION

ARTHUR B. FEDERMAN, Bankruptcy Judge.

Acstar Insurance Company (Acstar) filed a motion to dismiss this adversary or, alternatively, a motion for summary judgment. The basis of Acstar’s motion to dismiss is jurisdictional. A bankruptcy court has an obligation to examine its subject matter jurisdiction. 1 The following constitutes my Findings of Fact and Conclusions of Law in accordance with Rule 52 of the Federal Rules of Civil Procedure as made applicable to this proceeding by Rule 7052 of the Federal Rules of Bankruptcy Procedure. For the reasons set forth below, I find I do…

2Cases cited2 opinions

  1. 18 Collier bankr.cas.2d 717, Bankr. L. Rep. P 72,183 in Re Titan Energy, Inc. National Union Fire Insurance Company of Pittsburgh, Pa. v. Titan Energy, Inc.Court of Appeals for the Eighth Circuit · 1988
  2. Litzinger v. Estate of Litzinger (In Re Litzinger)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2005

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