Nobel Group, Inc. v. Cathay Bank (In re Nobel Group, Inc.)

MEMORANDUM DECISION RE: DEFENDANT’S MOTION TO DISMISS

Before the Court is the motion of Defendant Cathay Bank (the “Bank”) which is represented by attorney Christopher Cro- *286 well, to dismiss Plaintiffs complaint. Plaintiff Nobel Group, Inc. (“Debtor”), represented by attorney Wayne Silver, opposes the motion. This Court issued a Tentative Decision on December 11, 2014 and, at a hearing on the same date, heard arguments of the parties. After considering the parties’ arguments and reviewing applicable case law, for the reasons explained below, the Court grants the motion to dismiss for lack of subject matter jurisdiction.

I. FACTS

Debtor’s Chapter 11 Plan (the “Plan”) was confirmed on February 4, 2014. Prior to confirmation, the Debtor sold the real property at 2585 El Camino Real, Santa Clara, CA (the “Property”) and paid off the Bank’s filed claim ($3,108,781.73) in full. The Bank’s escrow demand of $3,380,105 included approximately $250,000 in default interest charged between November 2009 and August 2011. Debtor disputed the default interest but agreed to pay the entire amount so the sale could close, reserving its right to challenge the additional amounts after the sale,…