Legal Opinion

Gens v. Resolution Trust Corp.

Court of Appeals for the First Circuit

Decided May 5, 1997No. 96-2009PublishedCited by 78 opinions

1Opinion of the Court

CYR, Senior Circuit Judge.

Chapter 11 debtor-in-possession Helen D. Gens (“Gens”) challenges a bankruptcy court order which allowed the Federal Deposit Insurance Corporation (“FDIC”) to amend its proof of claim following the bar date for filing claims. We affirm.

I

BACKGROUND

In July 1988, Gens executed a promissory note (“the Gens Nóte”) payable to U.S. Funding Inc. of America (“U.S.Funding”) in the principal amount of $70,000, by signing it both in her “individual” capacity and in her representative capacity as trustee for the Old Jail Trust (“Trust”). The Gens Note was secured by a third…

2Cases cited61 opinions

  1. Allen v. WrightSupreme Court of the United States · 1984
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. T.O. Stanley Boot Co. v. Bank of El PasoTexas Supreme Court · 1993
  4. O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
  5. New Hampshire Right to Life Political Action Committee v. GardnerCourt of Appeals for the First Circuit · 1996

56 more not listed; retrieve them via the Exa API.

3Cited by78 opinions

  1. Alternative System Concepts, Inc. v. Synopsys, Inc.Court of Appeals for the First Circuit · 2004
  2. In Re: Enron Corp. Midland Cogeneration Venture Limited Partnership v. Enron Corp., the Official Committee of Unsecured Creditors, MovantCourt of Appeals for the Second Circuit · 2005
  3. Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
  4. CONNECTU LLC v. ZuckerbergCourt of Appeals for the First Circuit · 2008
  5. Perry v. BlumCourt of Appeals for the First Circuit · 2010

73 more not listed; retrieve them via the Exa API.

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