Legal Opinion
All Season's Kitchen, Inc. v. Federal Deposit Insurance (In Re All Season's Kitchen, Inc.)
United States Bankruptcy Court, D. Vermont
Decided September 28, 1992No. 17-10405PublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON JURISDICTION TO DETERMINE DEBTOR’S COMPLAINT
FRANCIS G. CONRAD, Bankruptcy Judge.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
FDIC moves 1 to dismiss Debtor’s complaint attacking the validity of its lien, arguing that the Financial Institutions Reform Recovery Enforcement Act of 1989 (FIRREA) divests us of subject matter jurisdiction to decide whether FDIC, as receiver of Valley Bank, has a properly perfected security interest in Debtor’s property. We will deny FDIC’s motion, because, despite very recent contrary authority, we believe that we applied the proper analysis…
2Cases cited37 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Commodity Futures Trading Commission v. SchorSupreme Court of the United States · 1986
- Enochs v. Williams Packing & Navigation Co.Supreme Court of the United States · 1962
32 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Parker North American Corp. v. Resolution Trust Corp. (In re Parker North American Corp.)Court of Appeals for the Ninth Circuit · 1994
- Scott v. Resolution Trust Corp. (In Re Scott)United States Bankruptcy Court, W.D. Texas · 1993
- Federal Deposit Insurance Corp. v. Continental Financial Resources, Inc. (In Re Continental Financial Resources, Inc.)District Court, D. Massachusetts · 1993
- In re Temecula Valley Bancorp, Inc.District Court, C.D. California · 2014
- Tamposi v. Federal Deposit Insurance Corp. (In Re Tamposi Family Investment Properties)United States Bankruptcy Court, D. New Hampshire · 1993
13 more not listed; retrieve them via the Exa API.