The Colonial BancGroup, Inc. v. Federal Deposit Insurance Corporation
REPLY BRIEF IN FURTHER SUPPORT OF THE COLONIAL BANCGROUP, INC.S MOTION FOR SUMMARY JUDGMENT REGARDING OWNERSHIP OF TAX REFUNDS AND REIT PREFERRED SECURITIES
489 U.S. 235 (1989) Cited 4,586 times 16 Legal Analyses
Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"
512 U.S. 79 (1994) Cited 895 times 3 Legal Analyses
Holding that federal statutory scheme detailing what claims could be made against the FDIC when it is acting as receiver necessarily excluded claims not mentioned in the statute
382 U.S. 375 (1966) Cited 742 times 1 Legal Analyses
Holding that whether property is included in an estate depends on whether it “is sufficiently rooted in the pre-bankruptcy past and so little entangled with the bankrupts' ability to make an unencumbered fresh start”
Holding that an interest obtained through an agreement supported by consideration “is superior to that of a named beneficiary who has given no consideration”
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”
Prohibiting transfers "made after the commission of an act of insolvency, or in contemplation thereof, made with a view to prevent the application of its assets in the manner prescribed by this chapter, or with a view to the preference of one creditor to another"