Legal Opinion

Resolution Trust Corp. v. Schonacher

District Court, D. Kansas

Decided February 17, 1994No. Civ. A. 93-2233-GTVPublishedCited by 29 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

This case comes before the court on plaintiffs motion to dismiss defendants’ affirmative defenses for lack of subject matter jurisdiction (Doc. 17). In its motion, plaintiff asserts that defendants’ affirmative defenses must be dismissed based on various provisions of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). Even if the FIRREA provisions are not violated, plaintiff contends that the defenses based on the Equal Credit Opportunity Act (ECOA) are barred by the D’Oench doctrine and 12 U.S.C. § 1823(e). For…

2Cases cited25 opinions

  1. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  2. Serge Marquis v. Federal Deposit Insurance Corporation, as Liquidating Agent of Hillsborough Bank & Trust Company, Eltrex International Corporation v. Federal Deposit Insurance Corporation, as Liquidating Agent of Hillsborough Bank & Trust Company, Michael M. Mills v. Federal Deposit Insurance Corporation, as Receiver for Nashua Trust Company, James P. Goodrich v. Federal Deposit Insurance Corporation, as Receiver for Dartmouth BankCourt of Appeals for the First Circuit · 1992
  3. The Resolution Trust Corp. v. Leonard S. Elman Berger, Steingut, Tarnoff & SternCourt of Appeals for the Second Circuit · 1991
  4. Barbara Ronda Meliezer, Wife Of/and Karl A. Loetzerich v. Resolution Trust Company, as Receiver for Home Savings and Loan AssociationCourt of Appeals for the Fifth Circuit · 1992
  5. Rosa v. Resolution Trust Corp.Court of Appeals for the Third Circuit · 1991

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

3Cited by29 opinions

  1. National Union Fire Insurance Company of Pittsburgh, Pa v. City SavingsCourt of Appeals for the Third Circuit · 1994
  2. Sierra Club v. Tri-State Generation & Transmission Ass'nDistrict Court, D. Colorado · 1997
  3. Hammons v. EhneySupreme Court of Missouri · 1996
  4. Resolution Trust Corporation as Receiver for First Federal Savings Bank of Diamondville, Wyoming v. William Kimbrough LoveCourt of Appeals for the First Circuit · 1994
  5. Federal Deposit Insurance v. Modular Homes, Inc.District Court, D. New Jersey · 1994

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

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