Legal Opinion

Federal Deposit Insurance Corporation v. Colonial Realty Company, Jonathan Googel, and Benjamin Sisti

Court of Appeals for the Second Circuit

Decided June 1, 1992No. 1026, Docket 91-5073PublishedCited by 65 opinions

1Opinion of the Court

TELESCA, Chief Judge:

As receiver to two insolvent lending institutions, the Federal Deposit Insurance Corporation (“FDIC”) appeals from the District Court’s affirmance of the order of the Bankruptcy Court directing the substantive consolidation of the bankruptcy estates of the defendant debtors — a general partnership and two of its general partners. On appeal to the District Court, the FDIC argued, inter alia, (i) that substantive consolidation was improper because it resulted in unfairness to the two insolvent banks, who had each loaned monies to the individual defendants and (ii) that the…

2Cases cited15 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  3. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  4. In Re Auto-Train Corporation, Inc.Court of Appeals for the D.C. Circuit · 1987
  5. In Re Plaza De Diego Shopping Center, Inc., Debtor. Appeal of Robert L. Coley, Esquire. In Re Petition of Robert L. Coley, EtcCourt of Appeals for the First Circuit · 1990

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3Cited by65 opinions

  1. Hirsch v. Arthur Andersen & Co.Court of Appeals for the Second Circuit · 1995
  2. ACC Bondholder Group v. Adelphia Communications Corp. (In Re Adelphia Communications Corp.)District Court, S.D. New York · 2007
  3. In Re Ida v. Reider and James M. Reider, Debtors. Ida v. Reider v. Federal Deposit Insurance CorporationCourt of Appeals for the Eleventh Circuit · 1994
  4. Official Committee of Unsecured Creditors of Verestar, Inc. v. American Tower Corp. (In Re Verestar, Inc.)United States Bankruptcy Court, S.D. New York · 2006
  5. Alexander v. Compton (In re Bonham)Court of Appeals for the Ninth Circuit · 2000

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