Holding that claims for damages against assuming bank for its own acts did not fall within jurisdictional bar of subsection because "they seek neither payment from nor a determination of rights with respect to the assets of [the bank-in-receivership]" but from the assuming bank
Holding that “apart from claims made in connection with bankruptcy proceedings or arising out of a breach of contract fully performed by the aggrieved party but not repudiated by the receiver, all claims or actions [against a failed bank] must be submitted for administrative resolution”
Holding that a constructive trust imposed by a state court in favor of a private creditor does not become choate until the date of the judgment and, therefore, is not entitled to priority over a prior-filed federal tax lien
Holding the statutory bar on judicial review of the FDIC's actions taken as a conservator or receiver "does not bar injunctive relief when the FDIC has acted beyond, or contrary to, its statutorily prescribed, constitutionally permitted, powers or functions"
Defining an affirmative defense as "a response to a plaintiff's claim" and urging courts to "look beyond the nomenclature of a request for relief to ascertain whether ... the remedy sought by a party ... is encompassed by § 1821(d)(D)"
244 B.R. 845 (Bankr. S.D. Ala. 2000) Cited 60 times
Holding § 1334(e) to vest in rem jurisdiction in the home court "with the exclusive power to control and distribute property of the estate without requiring it to determine the extent of property of the estate."
28 U.S.C. § 1334 Cited 40,829 times 57 Legal Analyses
Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
11 U.S.C. § 327 Cited 3,143 times 6 Legal Analyses
Authorizing an appointed trustee in a Chapter 7 bankruptcy action to "employ one or more attorneys . . . to represent or assist the trustee in carrying out the trustee's duties under this title"