Legal Opinion
Marshack v. Tapager (In Re Motivation Resources, Inc.)
United States Bankruptcy Court, C.D. California
Decided July 23, 1993No. Bankruptcy No. SA 90-08948 JR, Adv. No. SA 93-1026 JRPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
JOHN E. RYAN, Bankruptcy Judge.
INTRODUCTION
On May 25, 1993, Defendant, the Federal Deposit Insurance Corporation (the “FDIC”) as receiver for Mission Viejo National Bank, and the Plaintiff, Richard Mar-shack, Chapter 7 trustee for Motivation Resources, Inc. (“Trustee”), appeared before this court on Defendant’s Motion to Dismiss Plaintiff’s Second Amended Complaint. Counsel for the Defendant argued that when the FDIC acts as a receiver for a failed financial institution, it stands in the shoes of that institution; therefore, the FDIC as receiver possesses no immunity and is…
2Cases cited12 opinions
- Fed. Sec. L. Rep. P 98,654 William L. Gunter and Camille S. Gunter v. Theodore M. HutchesonCourt of Appeals for the Eleventh Circuit · 1982
- First State Bank of Hudson County v. The United States of AmericaCourt of Appeals for the First Circuit · 1979
- Federal Deposit Insurance Corporation as Receiver of San Francisco National Bank v. David M. GlickmanCourt of Appeals for the Ninth Circuit · 1971
- Federal Deposit Insurance Corp. v. Charles HatmakerCourt of Appeals for the Sixth Circuit · 1985
- In Re Town & Country Home Nursing Services, Inc.Court of Appeals for the Ninth Circuit · 1992
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3Cited by2 opinions
- United States Ex Rel. Bell v. Rhodey (In Re R & W Enterprises)United States Bankruptcy Court, N.D. Florida · 1994
- United States Ex Rel. Bell v. Rhodey (In Re R & W Enterprises)United States Bankruptcy Court, N.D. Florida · 1994