§Why CasetextPricing

The Colonial BancGroup, Inc. v. Federal Deposit Insurance Corporation

BRIEF/MEMORANDUM in Opposition re MOTION for Summary Judgment Colonial BancGroup Inc's Motion for Summary Judgment regarding Ownership of Tax Refunds, [116] MOTION for Summary Judgment Colonial BancGroup Inc's Motion for Summary Judgment regarding Ownership of REIT Preferred Securities

97 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,111 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,221 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. First Nat. Bank v. Cities Service

    391 U.S. 253 (1968)   Cited 8,809 times   1 Legal Analyses
    Holding that a continuance of summary judgment need not be granted particularly when ample time and opportunities for discovery have already lapsed

  4. United States v. Whiting Pools, Inc.

    462 U.S. 198 (1983)   Cited 1,850 times   8 Legal Analyses
    Holding that the Internal Revenue Service could be required to turn over to bankrupt estate tangible property to which debtor retained ownership

  5. Begier v. Internal Revenue Service

    496 U.S. 53 (1990)   Cited 813 times   7 Legal Analyses
    Holding that the segregation of funds was not a prerequisite to the establishment of a statutory trust under the Internal Revenue Code

  6. Mize v. Jefferson City Board of Education

    93 F.3d 739 (11th Cir. 1996)   Cited 1,306 times
    Holding court need not withhold summary judgment if nonmovant's inferences "implausible"

  7. Johnson v. Board of Regents of the University of Georgia

    263 F.3d 1234 (11th Cir. 2001)   Cited 557 times
    Holding that "a plaintiff cannot serve as a class representative if she lacks standing to advance the class's claim"

  8. Kahn v. Lynch Communication Systems

    638 A.2d 1110 (Del. 1994)   Cited 329 times   28 Legal Analyses
    Holding that a stockholder who owns a majority interest in or exercises control over the business affairs of the corporation owes fiduciary duties to its fellow stockholders

  9. In re Omegas Group, Inc.

    16 F.3d 1443 (6th Cir. 1994)   Cited 302 times   1 Legal Analyses
    Holding that the bankruptcy code does not allow a bankruptcy court to impose a constructive trust during the course of bankruptcy

  10. In re First Central Financial Corp.

    377 F.3d 209 (2d Cir. 2004)   Cited 215 times   3 Legal Analyses
    Holding that the unjust enrichment element “is the most important since the purpose of the constructive trust is prevention of unjust enrichment.”

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,589 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 541 - Property of the estate

    11 U.S.C. § 541   Cited 14,373 times   73 Legal Analyses
    Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

  13. Section 502 - Allowance of claims or interests

    11 U.S.C. § 502   Cited 9,147 times   85 Legal Analyses
    Permitting summary adjudication or estimation of amounts due in bankruptcy claims adjudication

  14. Section 365 - Executory contracts and unexpired leases

    11 U.S.C. § 365   Cited 5,696 times   201 Legal Analyses
    Providing that a trustee may choose to either "assume or reject" certain contracts with the court's approval

  15. Section 507 - Priorities

    11 U.S.C. § 507   Cited 4,324 times   26 Legal Analyses
    Determining the priority of claims

  16. Section 1821 - Insurance Funds

    12 U.S.C. § 1821   Cited 2,938 times   54 Legal Analyses
    Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor

  17. Section 350 - Closing and reopening cases

    11 U.S.C. § 350   Cited 1,811 times   3 Legal Analyses
    Providing that “ case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause.”

  18. Section 1823 - Corporation monies

    12 U.S.C. § 1823   Cited 1,303 times   11 Legal Analyses
    Extending to agreements that “tend to diminish or defeat the interest of the [FDIC] in any asset acquired by it ... as a receiver,” and demanding a writing executed “contemporaneously with the acquisition of the asset”

  19. Section 172 - Net operating loss deduction

    26 U.S.C. § 172   Cited 598 times   36 Legal Analyses
    Providing that a taxpayer's "election shall be made in such manner as prescribed by the Secretary"

  20. Rule 5010 - Reopening Cases

    Fed. R. Bankr. P. 5010   Cited 375 times
    Setting forth the procedure for reopening cases

  21. Section 223.14 - What are the collateral requirements for a credit transaction with an affiliate?

    12 C.F.R. § 223.14   Cited 3 times

    (a)Collateral required for extensions of credit and certain other covered transactions. A member bank must ensure that each of its credit transactions with an affiliate is secured by the amount of collateral required by paragraph (b) of this section at the time of the transaction. (b)Amount of collateral required - (1)The rule. A credit transaction described in paragraph (a) of this section must be secured by collateral having a market value equal to at least: (i) 100 percent of the amount of the

  22. Section 223.51 - What is the market terms requirement of section 23B?

    12 C.F.R. § 223.51   Cited 2 times

    A member bank may not engage in a transaction described in § 223.52 unless the transaction is: (a) On terms and under circumstances, including credit standards, that are substantially the same, or at least as favorable to the member bank, as those prevailing at the time for comparable transactions with or involving nonaffiliates; or (b) In the absence of comparable transactions, on terms and under circumstances, including credit standards, that in good faith would be offered to, or would apply to

  23. Section 223.52 - What transactions with affiliates or others must comply with section 23B's market terms requirement?

    12 C.F.R. § 223.52   Cited 1 times

    (a) The market terms requirement of § 223.51 applies to the following transactions: (1) Any covered transaction with an affiliate, unless the transaction is exempt under paragraphs (a) through (c) of § 223.41 or paragraphs (a) through (e) or (h) through (j) of § 223.42 ; (2) The sale of a security or other asset to an affiliate, including an asset subject to an agreement to repurchase; (3) The payment of money or the furnishing of a service to an affiliate under contract, lease, or otherwise; (4)