Monument Square Associates, Inc. v. Resolution Trust Corp. (1991)
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· 19 citation events
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Fidelity & Deposit v. Rotec Industries Inc (2004)
Co., 83 F.3d 735, 741-42 (5th Cir. 1996) (per curiam); Monument Square Associates, Inc. v. Resolution Trust Corp., 792 F. Supp. 874, 876-77 (D.
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Fidelity and Deposit Company of Maryland and American Home Assurance Company v. Rotec Industries, Inc. (2004)
Co., 83 F.3d 735, 741-42 (5th Cir.1996) (per curiam); Monument Square Associates, Inc. v. Resolution Trust Corp., 792 F.Supp. 874, 876-77 (D.Mass.1991); cf. In re Gardinier, Inc., 831 F.2d 974 (11th Cir.1987).
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Resolution Trust Corp. v. United Trust Fund, Inc. (1995)
See Franklin Financial v. Resolution Trust Corp., 53 F.3d 268, 272 (9th Cir.1995) (declining to find that 117-day period between appointment as receiver and announcement of repudiation was unreasonable under the circumstances); 1185 Ave. of Americas Assoc’s v. Resolution Trust Corp., 22 F.3d 494, 498 (2d Cir.1994) (finding no genuine issue of material fact foreclosing summary judgment regarding whether ninety-day delay was unreasonable); Monument Square Assoc., Inc. v. Resol…
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Resolution Trust Corporation, as Receiver for Pioneer Federal Savings Bank v. United Trust Fund, Inc., a Corp… (1995)
See Franklin Financial v. Resolution Trust Corp., 53 F.3d 268, 272 (9th Cir.1995) (declining to find that 117-day period between appointment as receiver and announcement of repudiation was unreasonable under the circumstances); 1185 Ave. of Americas Assoc's v. Resolution Trust Corp., 22 F.3d 494, 498 (2d Cir.1994) (finding no genuine issue of material fact foreclosing summary judgment regarding whether ninety-day delay was unreasonable); Monument Square Assoc., Inc. v. Resol…
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Hackel v. Federal Deposit Insurance (1994)
FDIC v. Laguarta, 939 F.2d 1231, 1238-39 (5th Cir.1991); Baumann v. Savers Federal Savings & Loan Association, 934 F.2d 1506, 1516-18 (11th Cir.1991); Howell v. Continental Credit Corp., 655 F.2d 743, 746 (7th Cir.1981); McAndrews v. New Bank of New England, 796 F.Supp. 613, 616 (D.Mass.1992); Monument Square Assoc. v. Resolution Trust Corp., 792 F.Supp. 874, 876-77 (D.Mass.1991). 5 In response, the defendant claims that while the Lease, Note, and Limited Guaranty were all p…
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Plymouth Mills, Inc. v. Federal Deposit Insurance (1995)
See also 1185 Avenue of the Americas Assocs. v. Resolution Trust Corp., 22 F.3d 494, 497 (2d Cir.1994) (“we note that Chapter 3 of the Bankruptcy Code provides a helpful analogy” to the authority of a FIRREA receiver or conservator to repudiate contracts); Unisys Finance Corp. v. Resolution Trust Corp., 979 F.2d 609, 611 (7th Cir.1992) (FIRREA receivership scheme parallels bankruptcy law); Office and Professional Employees Int’l Union, Local % v. FDIC, 962 F.2d 63, 68 (D.C.C…
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Hyaire v. FDIC (1995)
Mass. 1994) (repudiation of lease 60 days after FDIC's appointment as receiver not unreasonable); Monument Sguare, supra, 792 F. Supp. at 879 (three and one-half 12 months between appointment as receiver and disaffirmance of lease not unreasonable).
three and one-half 12 months between appointment as receiver and disaffirmance of lease not unreasonable
Corp., 978 F.Supp. 650, 654 (D.Md.1997); Monument Square Assocs., Inc. v. Resolution Trust Corp., 792 F.Supp. 874, 878 (D.Mass.1991); Union Bank v. Fed.
See 1185 Ave. of the Americas Assoc. v. Resolution Trust Corp., 22 F.3d 494, 498 (2d Cir.1994) (90 days reasonable where RTC had given 90 day option to acquiring institutions to assume leases); Franklin Financial v. Resolution Trust Corp., 53 F.3d 268, 272 (9th Cir.1995) (117-day period reasonable, especially where RTC after 59 days announced its intention to repudiate if acquiring institution did not exercise option to assume lease; finding that “in this case the RTC’s obli…
See Monument Square, 792 F.Supp. at 878 n. 7 (citing H.R.Rep. 54(1), 101st Cong., 1st Sess., 331 (1989), reprinted in 1989 U.S.C.C.A.N. 86, 127, indicating that Congress rejected proposal for a fixed 90-day repudiation-claim deadline under § 1821(e) in favor of “reasonable period” provision).