103 Cited authorities

United States v. Ron Pair Enterprises, Inc.
489 U.S. 235 (1989) Cited 4,584 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"
Butner v. United States
440 U.S. 48 (1979) Cited 4,396 times 17 Legal Analyses
Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law
United States v. Whiting Pools, Inc.
462 U.S. 198 (1983) Cited 1,854 times 9 Legal Analyses
Holding that the Internal Revenue Service could be required to turn over to bankrupt estate tangible property to which debtor retained ownership
O'Melveny & Myers v. Federal Deposit Insurance
512 U.S. 79 (1994) Cited 894 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
Segal v. Rochelle
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”
Atherton v. Federal Deposit Insurance Corp.
519 U.S. 213 (1997) Cited 278 times 1 Legal Analyses
Holding that state law rather than federal common law defines standard of care for corporate governance
D'Oench, Duhme Co. v. F.D.I.C
315 U.S. 447 (1942) Cited 1,399 times 3 Legal Analyses
Holding that liability on a promissory note acquired by the FDIC is a federal question
Simonds v. Simonds
45 N.Y.2d 233 (N.Y. 1978) Cited 562 times 1 Legal Analyses
Holding that an interest obtained through an agreement supported by consideration “is superior to that of a named beneficiary who has given no consideration”
In re Egidi
571 F.3d 1156 (11th Cir. 2009) Cited 215 times
Holding that an argument not raised before the bankruptcy court will not be considered for the first time on appeal
In re First Central Financial Corp.
377 F.3d 209 (2d Cir. 2004) Cited 216 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.”
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,074 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 29,545 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 541 - Property of the estate
11 U.S.C. § 541 Cited 14,408 times 74 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"
Section 502 - Allowance of claims or interests
11 U.S.C. § 502 Cited 9,172 times 85 Legal Analyses
Permitting summary adjudication or estimation of amounts due in bankruptcy claims adjudication
Section 365 - Executory contracts and unexpired leases
11 U.S.C. § 365 Cited 5,710 times 205 Legal Analyses
Providing that a trustee may choose to either "assume or reject" certain contracts with the court's approval
Section 507 - Priorities
11 U.S.C. § 507 Cited 4,330 times 26 Legal Analyses
Determining the priority of claims
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”
Section 1441a - Repealed
12 U.S.C. § 1441a Cited 500 times 1 Legal Analyses
Granting RTC "the same powers and rights to carry out its duties" as the Federal Deposit Insurance Corporation has under 12 U.S.C. § 1821-1823
Section 1818 - Termination of status as insured depository institution
12 U.S.C. § 1818 Cited 497 times 42 Legal Analyses
Granting subpoena power to the Federal Deposit Insurance Corporation
Section 91 - Transfers by bank and other acts in contemplation of insolvency
12 U.S.C. § 91 Cited 163 times
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"

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

103 Cited authorities

Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"

Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law

Holding that the Internal Revenue Service could be required to turn over to bankrupt estate tangible property to which debtor retained ownership

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

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 state law rather than federal common law defines standard of care for corporate governance

Holding that liability on a promissory note acquired by the FDIC is a federal question

Holding that an interest obtained through an agreement supported by consideration “is superior to that of a named beneficiary who has given no consideration”

Holding that an argument not raised before the bankruptcy court will not be considered for the first time on appeal

Holding that the unjust enrichment element “is the most important since the purpose of the constructive trust is prevention of unjust enrichment.”

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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

Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

Permitting summary adjudication or estimation of amounts due in bankruptcy claims adjudication

Providing that a trustee may choose to either "assume or reject" certain contracts with the court's approval

Determining the priority of claims

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”

Granting RTC "the same powers and rights to carry out its duties" as the Federal Deposit Insurance Corporation has under 12 U.S.C. § 1821-1823

Granting subpoena power to the Federal Deposit Insurance Corporation

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"