Energrey Enterprises, Inc. v. Oak Creek Energy Systems, Inc. (In re Oak Creek Energy Farms, Ltd.)

MEMORANDUM OPINION

INTRODUCTION

ENERGREY ENTERPRISES, INC., Plaintiff, (hereinafter referred to as “EN-ERGREY”) initiated its original action in State Court. After OAK CREEK ENERGY SYSTEMS, INC. (hereinafter referred to as “SYSTEMS”) and OAK CREEK ENERGY FARMS, LTD. (hereinafter referred to as “FARMS”) filed their Petition for protection under Chapter 11 of the Bankruptcy Code, ENERGREY removed its State Court action to the Bankruptcy Court. Philip A. Gasteier and appeared as attorney for ENERGREY ENTERPRISES, INC.; Leslie A. Cohen and David A. Neale appeared as attorneys for the Trustee, Gary H. Goldstick. There was no appearance for DEAN BECKETT OR STEVE CUMMINGS, Defendants in this action. By agreement of counsel for ENERGREY and the Chapter 11 Trustee for SYSTEMS and FARMS, the second and third issue to be tried and argued are the amount of claim to be allowed in favor of ENER-GREY and whether or not there exists a Mechanic’s Lien on the alleged work of improvements, including the turbines. On April 3, 1989, 99 B.R. 36 , a decision was given that ENERGREY’s Mechanic’s Lien on real property had been lost through foreclosure. Evidence was taken, briefs were submitted, and…