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IN RE MEHLHOSE

United States Bankruptcy Court, E.D. Michigan, Southern Division.
Oct 4, 2010
ORDER DISMISSING ADVERSARY PROCEEDING FOR LACK OF SUBJECT MATTER JURISDICTION

THOMAS TUCKER, Bankruptcy Judge

This adversary proceeding is before the Court on the Court's own motion for review of subject matter jurisdiction. Plaintiff filed its Complaint initiating this adversary proceeding on June 6, 2010. On September 27, 2010, the main bankruptcy case (Case No. 10-46231) was dismissed. Because the main bankruptcy case has been dismissed, there is no longer pending any "case under title 11" within the meaning of 28 U.S.C. §§ 1334(a), 157(a) and 157(b)(1). As a result, this adversary proceeding can no longer be considered a proceeding "arising under title 11, or arising in or related to" a case under title 11 within the meaning of 28 U.S.C. §§ 1334(b), 157(a) and 157(b)(1).

In addition, the Court concludes that the dismissal of the main bankruptcy case renders this adversary proceeding moot.

For these reasons, the Court concludes that it no longer has subject matter jurisdiction of this adversary proceeding, and so it must be dismissed. Accordingly,

IT IS ORDERED that this adversary proceeding is DISMISSED.

Signed on October 04, 2010