Plum Run Service Corp. v. United States Department of Navy (In Re Plum Run Service Corp.)

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON MOTION TO TRANSFER TO COURT OF FEDERAL CLAIMS

DONALD E. CALHOUN, Jr., Bankruptcy Judge.

This adversary action was initiated by Debtor, Plum Run Service Corp. (“Debtor” or “Plum Run”) against the United States of America, Department of Navy (“Navy”). The matter before the Court is the Navy’s Motion to Transfer this adversary action, pursuant to 28 U.S.C. § 1631 to the United States Court of Federal Claims which the Navy contends has exclusive jurisdiction under 28 U.S.C. §§ 1346(a)(2) and 1491(a)(1). Alternatively, the Navy contends that the case should…