Bloom v. Federal Deposit Insurance (In re First State Bancorporation)

MEMORANDUM OPINION

ROBERT H. JACOBVITZ, Bankruptcy Judge.

THIS MATTER is before the Court on the Motion to Dismiss Count II (“Motion”) filed by the Federal Deposit Insurance Corporation, as receiver for First Community Bank (“FDICR”), by and through its attorneys of record, Jeffrey A. Sandell and Joshua David Wayser. FDIC-R asserts that the jurisdictional bar found in 12 U.S.C. § 1821(d)(13)(D) of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (“FIRREA”), 12 U.S.C. § 1821 et seq., applies to Plaintiffs claim to avoid First State Bancorporation’s obligations under an…