United Pacific Insurance v. Mottner (In Re Massart Co.)

ORDER REVERSING DECISION OF UNITED STATES BANKRUPTCY COURT

ROTHSTEIN, Chief Judge.

THIS MATTER comes before the court on plaintiff United Pacific Insurance Company’s appeal from the decision of the United States Bankruptcy Court. Having reviewed the record, together with all documents filed in support and in opposition, and being fully advised, the court finds and rules as follows:

I. FACTS

The parties do not dispute the underlying facts in this matter. On November 9,1988, debtor Massart Company (“Massart”) signed a public works contract known as “Lakewood Pump Stations Phase II” with Pierce…