Legal Opinion

Carpenter v. Federal Deposit Insurance (In Re Carpenter)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 14, 1997No. BAP No. CC-96-1162-OHV, Bankruptcy No. LA-95-24756 BR, Adv. No. 95-03171 BRPublishedCited by 6 opinions

1Opinion of the Court

OPINION

OLLASON, Bankruptcy Judge:

Shirley Jean Carpenter (“Debtor”) appeals the bankruptcy court’s order dismissing her adversary proceeding with prejudice for fail ure to state a claim upon which relief could be granted. Debtor asserted state law and federal common law defenses against her guaranty which was enforced by the Federal Deposit Insurance Corporation (“FDIC”) in its capacity as receiver for an insolvent bank. The bankruptcy court determined inter alia, that her claims were barred by the D’Oench, Duhme doctrine and FIRREA. 1 We Affirm.

STATEMENT OF FACTS

Debtor’s husband, Howard, was…

2Cases cited35 opinions

  1. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  2. Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally HeinCourt of Appeals for the Ninth Circuit · 1995
  3. O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
  4. Henry G. Mack v. South Bay Beer Distributors, Inc., Dba Bay Beer Distributors, a California CorporationCourt of Appeals for the Ninth Circuit · 1986
  5. Langley v. Federal Deposit InsuranceSupreme Court of the United States · 1987

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3Cited by6 opinions

  1. Stoll v. Quintanar (In Re Stoll)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  2. California Franchise Tax Board v. Wilshire Courtyard (In Re Wilshire Courtyard)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  3. PDG Los Arcos, LLC v. Adams (In Re Mortgages Ltd.)District Court, D. Arizona · 2010
  4. In re Holy Hill Community ChurchDistrict Court, C.D. California · 2017
  5. In re: Wilshire CourtyardUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2011

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