Legal Opinion

Prior v. Tri Counties Bank (In re Prior)

United States Bankruptcy Court, E.D. California

Decided October 31, 2014No. Bankruptcy No. 13-30690-B-11; Adversary No. 13-2288-BPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM DECISION

THOMAS C. HOLMAN, Bankruptcy Judge.

This matter was reopened for supplemental briefing by order entered August 20, 2014, and deemed resubmitted on September 6, 2014. The court now issues the following decision on the merits of the motion.

For the reasons set forth herein, the plaintiff debtor’s opposition is overruled. The motion is granted. All claims for relief in the plaintiff debtor’s complaint are dismissed without leave to amend based on the court’s lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1).

I. BACKGROUND

Debtor William Prior and his wife, Ly-nair…

2Cases cited32 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Safe Air for Everyone v. MeyerCourt of Appeals for the Ninth Circuit · 2004
  3. Shelley Savage v. Glendale Union High School, District No. 205, Maricopa CountyCourt of Appeals for the Ninth Circuit · 2003
  4. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
  5. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995

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3Cited by2 opinions

  1. Kelley v. JPMorgan Chase Bank NA (In re Kelley)United States Bankruptcy Court, N.D. California · 2016
  2. Kelley v. JPMorgan Chase Bank, N.A.District Court, N.D. California · 2017

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