Legal Opinion
Bank of New York v. Federal Deposit Insurance
Court of Appeals for the D.C. Circuit
Decided November 13, 2007No. 06-5358, 07-5074PublishedCited by 20 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge RANDOLPH.
RANDOLPH, Circuit Judge:
The main issue in these consolidated appeals from the judgments of the district court is whether the Federal Deposit Insurance Corporation (“FDIC”), as the receiver for NextBank, had the authority to disregard an acceleration clause requiring the payment of interest and principal to noteholders when NextBank failed. Judge Huvelle issued a thorough opinion on the issue, and we closely follow her analysis in deciding to affirm.
NextBank, a wholly owned subsidiary of NextCard, Inc., was a limited purpose national credit…
2Cases cited7 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Goldstein v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2006
- Cloverleaf Standardbred Owners Association, Inc. v. The National Bank of Washington, a Banking Corporation of the District of ColumbiaCourt of Appeals for the D.C. Circuit · 1983
- Green v. BrophyCourt of Appeals for the D.C. Circuit · 1940
- Federal Deposit Insurance Corporation v. Ernst & Young LLPCourt of Appeals for the Seventh Circuit · 2004
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bank of New York v. First Millennium, Inc.Court of Appeals for the Second Circuit · 2010
- Bank of New York Ex Rel. NextCard Credit Card Master Note Trust v. First Millennium, Inc.District Court, S.D. New York · 2009
- Covey Run, LLC v. Washington Capital, LLCDistrict Court, District of Columbia · 2016
- AMTAX Holdings 279, LLC v. Montalvo Associates, LLCDistrict Court, S.D. California · 2021
- Allen v. Richard J. Donovan Correctional FacilityDistrict Court, S.D. California · 2022
15 more not listed; retrieve them via the Exa API.