Legal Opinion
Carlton v. Firstcorp, Inc.
Court of Appeals for the Fourth Circuit
Decided June 2, 1992No. 91-1694PublishedCited by 9 opinions
1Opinion of the Court
OPINION
SPROUSE, Circuit Judge:
We are asked to decide whether regulatory action of the Office of Thrift Supervision (OTS) is precluded by bankruptcy’s automatic stay provision, 11 U.S.C. § 362, after a thrift holding company has filed for Chapter 11 protection in bankruptcy. The district court, reversing a contrary ruling by the bankruptcy court, held that a provision of the Financial Institutions Supervisory Act of 1966, 12 U.S.C. § 1818(i)(l) et seq., superseded bankruptcy’s automatic stay, and prevented it from applying to ongoing administrative proceedings and a temporary cease and desist…
2Cases cited4 opinions
- Board of Governors of the Federal Reserve System v. MCorp Financial, Inc.Supreme Court of the United States · 1991
- Browning v. NavarroCourt of Appeals for the Fifth Circuit · 1984
- Firstcorp, Inc. v. Office of Thrift Supervision (In Re Firstcorp, Inc.)United States Bankruptcy Court, E.D. North Carolina · 1990
- Firstcorp, Inc. v. Office of Thrift Supervision (In Re Firstcorp, Inc.)District Court, E.D. North Carolina · 1991
3Cited by9 opinions
- In Re Colonial Realty CompanyCourt of Appeals for the Second Circuit · 1992
- Federal Deposit Insurance v. Hirsch (In re Colonial Realty Co.)Court of Appeals for the Second Circuit · 1992
- Willem Ridder v. Office of Thrift Supervision and Ellen S. Seidman, DirectorCourt of Appeals for the D.C. Circuit · 1998
- Resolution Trust Corp. v. Firstcorp, Inc. (In re Firstcorp, Inc.)Court of Appeals for the Fourth Circuit · 1992
- Wellington Apartment, LLC v. Clotworthy (In Re Wellington Apartment, LLC)United States Bankruptcy Court, E.D. Virginia · 2006
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