Apache Construction, Inc. v. Oregon (In Re Apache Construction, Inc.)

MEMORANDUM OPINION

C.E. LUCKEY, Bankruptcy Judge.

These two related adversary proceedings are before the Court on cross-motions for summary judgment. The parties have submitted stipulated facts and agree that no genuine issue of material fact exists. Plaintiff debtor-in-possession, Apache Construction, Inc., (Apache) seeks a determination that defendant, State of Oregon, Builder’s Board, violated the automatic stay of 11 U.S.C. § 362 in disposing of claims before it pursuant to Chapter 701 of the Oregon Revised Statutes. Plaintiff seeks a finding of contempt of this Court against defendants,…