Legal Opinion

Scott v. Resolution Trust Corp. (In Re Scott)

United States Bankruptcy Court, W.D. Texas

Decided July 25, 1993No. 19-30318PublishedCited by 25 opinions

1Opinion of the Court

DECISION AND ORDER ON PLAINTIFF’S MOTION TO DISMISS, OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT

LEIF M. CLARK, Bankruptcy Judge.

CAME ON, for consideration, the Motion of the Defendant, the Resolution Trust Corporation (the “RTC”), to Dismiss, or, in the Alternative, for Summary Judgment. The RTC asserts, inter alia, that this court lacks subject matter jurisdiction over this adversary proceeding, and that the Debtor-in-Possession (“DIP”) is not entitled to affirmative recovery against the RTC as a matter of law. The court denied the Motion to Dismiss as untimely, but entertained the Motion…

2Cases cited68 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  5. Boos v. BarrySupreme Court of the United States · 1988

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3Cited by25 opinions

  1. Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998
  2. National Union Fire Insurance Company of Pittsburgh, Pa v. City SavingsCourt of Appeals for the Third Circuit · 1994
  3. Hudson United Bank v. Chase Manhattan Bank of Connecticut, N.A.Court of Appeals for the Third Circuit · 1994
  4. AccuBanc Mortgage Corp. v. DrummondsCourt of Appeals of Texas · 1997
  5. Parker North American Corp. v. Resolution Trust Corp. (In re Parker North American Corp.)Court of Appeals for the Ninth Circuit · 1994

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