27 Cited authorities

Connecticut Nat. Bank v. Germain
503 U.S. 249 (1992) Cited 2,707 times 8 Legal Analyses
Holding that § 1292 applies also to bankruptcy jurisdiction and is not displaced by § 158(d)
Consumer Product Safety Commission v. GTE Sylvania, Inc.
447 U.S. 102 (1980) Cited 1,834 times 4 Legal Analyses
Holding that information obtained in response to a FOIA request was a "public disclosure" for purposes of the Consumer Product Safety Act
Gozlon-Peretz v. United States
498 U.S. 395 (1991) Cited 386 times 3 Legal Analyses
Holding that a more general statute “does not apply” because “ specific provision controls over one of more general application”
Rosa v. Resolution Trust Corp.
938 F.2d 383 (3d Cir. 1991) Cited 198 times
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
National Union Fire Ins. v. City Sav., F.S.B
28 F.3d 376 (3d Cir. 1994) Cited 137 times
Holding that the bar against "any action" in § 1821(d)(D) "includes actions by debtors as well as creditors"
McCarthy v. F.D.I.C
348 F.3d 1075 (9th Cir. 2003) Cited 101 times
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”
Blachy v. Butcher
221 F.3d 896 (6th Cir. 2000) Cited 86 times
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
Sharpe v. FDIC
126 F.3d 1147 (9th Cir. 1997) Cited 92 times
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"
American First Federal v. Lake Forest Park
198 F.3d 1259 (11th Cir. 1999) Cited 65 times
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)"
In re Noletto
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."
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 348,148 times 927 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1334 - Bankruptcy cases and proceedings
28 U.S.C. § 1334 Cited 40,798 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"
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 29,517 times 175 Legal Analyses
Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
Section 1409 - Venue of proceedings arising under title 11 or arising in or related to cases under title 11
28 U.S.C. § 1409 Cited 4,976 times 16 Legal Analyses
Concerning venue in Chapter 11 proceedings
Section 327 - Employment of professional persons
11 U.S.C. § 327 Cited 3,142 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"
Section 1821 - Insurance Funds
12 U.S.C. § 1821 Cited 2,940 times 54 Legal Analyses
Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor
Section 1452 - Removal of claims related to bankruptcy cases
28 U.S.C. § 1452 Cited 2,578 times 14 Legal Analyses
Granting removal power to any “party” in a bankruptcy case
Section 1818 - Termination of status as insured depository institution
12 U.S.C. § 1818 Cited 496 times 42 Legal Analyses
Granting subpoena power to the Federal Deposit Insurance Corporation

The Colonial BancGroup, Inc. v. Federal Deposit Insurance Corporation (STAYED)

27 Cited authorities

Holding that § 1292 applies also to bankruptcy jurisdiction and is not displaced by § 158(d)

Holding that information obtained in response to a FOIA request was a "public disclosure" for purposes of the Consumer Product Safety Act

Holding that a more general statute “does not apply” because “ specific provision controls over one of more general application”

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 the bar against "any action" in § 1821(d)(D) "includes actions by debtors as well as creditors"

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)"

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."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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"

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Concerning venue in Chapter 11 proceedings

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"

Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor

Granting removal power to any “party” in a bankruptcy case

Granting subpoena power to the Federal Deposit Insurance Corporation