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IN RE CENT. MORTG. & TRUST. INC.

Bankruptcy No. 85-04102-H2-5, Adv. No. 85-0568-H3.

50 B.R. 1010 (1985)

In re CENTRAL MORTGAGE & TRUST, INC., Debtor. CENTRAL MORTGAGE & TRUST, INC., Plaintiff, v. STATE OF TEXAS, James L. Sexton, Commissioner, Texas State Department of Banking, and Wreno S. Wynne, Supervisor, Defendants.

United States District Court, S.D. Texas, Houston Division.

July 18, 1985.

Attorney(s) appearing for the Case

J. Craig Cowgill and Karen Emmott, Houston, Tex., for plaintiff.

Marcy E. Kurtz and John H. Buck, Bracewell & Patterson, Houston, Tex., Jorge A. Gutierrez, Gen. Counsel, Texas Dept. of Banking; Edna I. Ramon, Asst. Atty. Gen., Austin, Tex., for the State of Texas, for defendants.

Allene D. Evans, Asst. Atty. Gen., for the State of Texas, for intervenor.

MEMORANDUM OPINION AND ORDER

CAROLYN DINEEN RANDALL, Circuit Judge:*

This case raises the issue whether a mortgage and trust company, engaged in the business of originating and servicing mortgage loans and selling interests in pools of such loans to investors, may be a debtor under the Bankruptcy Code. For the reasons set forth herein, this court finds that the company does not fall within the list of entities that are precluded...

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